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Home My WebLink About020612_ca08 JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, Connty AdminiAtrator FROM: Trade Bick DATE: FebrnaryLltIJ-dQI~ Maintenance Agreement JA VS RE: STATEMENT OF ISSUE: - The purpose oftbis agreement is to provide a one year service/maintenance agreement on the E4 Precision Court Recording System and Sony PCS-l video conferencing system located in Jefferson County District Court. ANALYSIS: This agreement covers service and maintenance for our video and audio - recording for District Court. Pursuant to RCW 3.30.070 the clerk of each district court shall keep uniform records of each case filed and the proceedings. District Court uses JA VS to keep records of all its court proceedings. FISCAL IMPACT: Expenditure of $2.61 5.00 from the trial court improvement fund. RECOMMENDATION: Execute the agreement as presented. DEPARTMENT CONTACT: Tracie Bick REVIEWED BYl :2-1i/; ? Date J4V~ . . <SAF=EiicawAR&::)) MAINTENANCE AGREEMENT ~ - Jefferson Audio Video SystIlms, Inc. (JA VS) oflers a OOl>-yeat service/maintenance agreement on the E4 Precision Court Recording System and Sony PCS-I Video Confi:rencing System loeated in Jefferson County District Court in Port Townsend, Washington, hereinafter ("Customer"). The particulars of the agreement are as follows: CUSTOMARY AGREEMENT OPTION I. JA VS willl""fww a tri-annuaI inspection, cleaning and adjustment of the system if scheduled time to access the room and equipment is provided by the Customer. This is to oblain optima1 perfOlItlllllOO of the system and minimi,., the potential for fail1lll>. JA VS will provide a report to the Customer detailing the status of the system which includes the hard drive capacity remaining of the JA VS built coinputer and key system information that is ofva1ue to the Customer. 2. JA VS built computem: JA VS -will inspect and update the Wmdows Operating System, bardwm:e-drivers,- specific programs related to the capture, and playback of the log and will provide revisions to the installed JA VS software. A test of the CDIDVD drive will be I""ful1u~ to ensure the Customer can create off-line back-up recordings. JA VS will provide user ........llurIendations during regular maintenance that the Customer should perform. 3. In the event of a system malfunction or questions about system operatino, JA VS helpdesk is available by phone at 877-JA VS-HLP for immediate 1roubleshooting, tQrining and diagnostics on COIlUllon issues that can be resolved quickly. We also provide on-line PC support and training through your internet connection. If the issue requires an on-site technician for repair, our helpdesk will gather the necessary information to dispatch the lIpp,ul,date technician for that location. Bach of our technicians is equipped to train and customize the system to your needs. 4. The initial confirmation to a request for repair will be within I business day. A critical priority repair (non-urecording system) will be tepaired within 2 business days. A normal prioriV repair (camera or microphone issue not critical to recordins) will be tepaired within 5 business days. A minor priority repair (minor adjustments and system p..,[",,,lb:eS) will be addressed during the next scheduled "",!ntenanco visit. All on-site repair responses are conditional to room and equipment access and adequate time to p".[u,ru the repair. Dependent upon loaner availability, JA VS will ins1all a lcwl""OIi loaner product during repair of the original piece of equipment. 5. RepaIr or replacement of covered equipment is subject to product availability. If products or parts are no longer llUpported by the original equipment manufacturer and deemed non-repairable, the Customer will he .. ~pOlI&ible for the purchase of a replacement product. Covered equipment refers to the JA VS recording systems as listed in this agreement (excludiog Cum"""" equipment addressed in Paragraph 6, non-repairabIe equipment, and unsupportedIobsolete equipment). *Note: These plodncts (excluding obsolete equipment) are incladed if a Replacement Agreement is purchased. 6. JA VS built computers will be repaired as long as parts are available and the hardWllJ'e is sufficient to nm a supported version of JA VS software. If JA VS buIlt computers are not repairable, the enotnmer will be responsible for a pe1ceatBge of the replacement based on the age of the unit as follows: 0% for 0 to 12 months, 25% for 13 to 24 months, 50% for 25 to 36 months, 75% for 37 to 48 months, and 100"/0 for 49 months and older. *Note: This paragraph does not apply if a Replacement Agreement is purchased. 7. Occasionally a change of 1llIIlge, operation or enhancement of operation is desired by the Customer. JA VS will provide a quote for the QbangCll or eDham;emonts. A requested change or upgrade that is authorized by the Customer and approved by JA VS, will be I"'lfu....~ in accordance with agreed specifications. The Customer will purchase any additional hardware as may be required; the additional hardware will be covered by the warranty but will not extend the existing Maintenance Agreement. _AudIo -s,stama, 1nG.-1_ _--.Ind. BIwL LouIllvI1Ie, MY 4CI223-lIlI2._-_.jaft.aclm , ..... . . Sqfeguard MaInJenance Agreemem Jefferson County District Cow1 Page 2 8. At our option, JA VS ~ offer to include certain updates to the system as part of the Maintenanee Agreement. The inclusion ofupdates in the Maintenance ABi-nt, if any, will be for software revisions and minor hardware. This will assist JA VS to mainmin a consistent level of engineering in every system and will promote compatibility among the systems. Updates win not include major equipment changes, such as microphones, recorders. cameras, hard drives, or C>pooudiug system. Updates will be p<llful.ned with the Custonulr's approval 9. JA VS will provide minor revision software updates for AutoLogno and other JA VS branded software. Software updates must be ""wp.th'ble with the hardware instsIled and with the permission of the Custnmer. REPLACEMENT AGREEMENT OPTION 10. IfCustnmer purchases the Replacement Agn:eme.11 Option, JA VS, at its sole discretion, will repairu- - - replace aU JA VS installed equipment under this Agreement except obsolete equipment. Under the Replacement Agreement Option, if JA VS determines to replace JA VS installed equipment then JA VS will incur the cost of replacing the equipment. This Repla...,..ent Agreement Option does not extend to obsolete equipment which is defined as "no longer J:eAOOn~hly available in a commercial marketplace, B and includes the equipment designated as oI)solete on ,A........,lnnent 1, atllIl:hed hereto and incoqx>.<ated by .efe.,moo. 11. The Customary Agreement Option is subject to aU of the fonowing Exclusions and Limitations. The Replacement Agreement Option is subject to aU of the following Exclusions and Limitations except whenl expressly desigoaled as not applicable. 12. Exclnslons; A. Nmmal wearandtesritemssuchss VCR's, Back-up UPS's',prqjectorlamps',televlslonplc:turetubes. and plasma displays'". "11wse items lIlll inQlnded if a 1Wp~ Agreement is purcbssed. Projector lamps 8Ill limited to I rep!sl:emeat per agreement period. B. ~.hle items such ss batteries, vIdec 1apes, CO's, OVO's, printer paper, and print cartridges. c. ServIces, software, hardware, and Opendlng Systems tbat lIlll DO Jonger supported by a tblrd party. O. Upgnules ofrecording systems wblch would tmnsitIon from VCR's tc digital recording or DIl\lor software version upgrades, such ss Autot:.ogn<S tc AutoJ..ogn< 6 or Sulte 7. B. V""".llam (Including lnmate abase), de1lberale ~ing with 1ho system, InIentllJDlli or nnlntentllJDlli damage CIIIlSed by o1her contrsctorsI~ .11~'''1'''''' repair andIormaintellllllCll by any personnel not employed by JA VB. F. Any1hing ""uuuullIy covered by insurance, such ss damage by _,Iightnlng, fino, or extemaI sources. G. ())Sfnm... provided or non-JA VS certified equipment, hardware, and software. · AddltilJDlli charges will apply to 1horepalr andIorseMce ofC-nmC" provided "'I.dpu..ul, hardware, and softwaR (i.e. Cable or OSL modem). H. Moving of equipment. · AddltilJDlli charges may apply tc lVst- requested equipment moves. L Jlddltinnal adYllll<:ed training. Custcmer requested addltllJDlli training provided by a JA VS tec!micilln will be biDed at current labor mtes. J. Repairs andIor seMce tbatrequires reconfigwillgJAVS equipmentduetc changes made by Custcmer's3Nparty ....d....... network. snti-vIrus settings, or any lol:aIlP ProvlderC01lllllellon (i.e. change oflP address ornetworlt eonf1guratlon). K. Lost records or data recovery due to equipment fuilure, compnter viruses or Custcmer user em>r. 1.. Shlpplng delays for repair, loaner or repl""""",", parts and equipnnmt. I have read, nnde!stand and agree to aU of the Exclusions to the Maintenance Agreement. (initial) ___~ 1ne..-13112O__ BIYd. LauJsvIIIe, KY40223-802._-_tavs__ '. ::J...'"" . . Sqfegwrd Mointenance Agreement Jefferson County D/strlct Court Page 3 13. T ,lmlfAfio)DS: A. JA VS shall not be respoosible to pay or reimbutse Customer or any other person, and Customer sball indemnitY and bold JA VS barmless, as to any and all claims or demands arising from or related to court costs or additional court costs as may be incurred dne to a system malfunction. B. Any and all refunds of~~ Agreement fees payable by JA VS to Customer shall be limited to a pro-rated portion calculated per business dsy of the to1al amount paid for the Maintenance Agteemeot in the event thllt an agreed response time is not met or in the eveot thllt JA VS is unable to repair a critical system maIfimction within 2 bnsiness days. The pro-rated portion of the MAinfe11Ance Agreement fees payable to Customer as a refund shall be limited to the number of days required to respond or repair thllt are in excess of the agreed response or repair period. No re:flmd shall be payable for days thlltJAVS does notbave _to the-eovered equipment. . '.-..--. C. No pro-rated refund shall be payable by JA VS for any cancelled con1Iads initiated by the Customer; excluding upgrades. D. JA VS shall not be respoosible for repair or replacement of any equipmeot in the event of damage due to negligence or other claims covered by Customers insumnce. E. Any determination thllt a Llmitation sat forth berein is not enforceable as a matter oflaw shall not affect or limit the enforceability of the remaining Limitations. I bave read, understand and agree to all of the Limitations to the Maintenance Agreement. (initial) WHETHER BY CHOICE OR NEGLECT JAYS FAILURE TO ENFORCE ANY TERM, EXCLUSION OR LIMITATION HEREIN SHALL NOT BE CONSTRUED OR INTERPRETED AS A WAIVER OF JAVS RIGHT TO ENFORCE ANY TERM, EXCLUSION OR LIMITATION CONTAINED IN TInS AGREEMENT. JA VS DOES NOT ACCEPT UABILITY BEYOND TIlE REMEDIES SET FORm IN TInS AGREEMENT OR ANY UABILITYFOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WIlliOUT LIMITATION ANY UABILITY FOR PRODUcrs NOT BEING AVAILABLE FOR USE OR FOR LOST DATA OR SOFTWARE. SOME STATES (OR JURISDICTIONS) DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO TIlE ABOVE EXCLUSION OR LIMITATION MAY NOT APl'LYTOYOU. ANY CLAIM, DISPUTE, OR CONTROVERSY, WHETHER IN CONTRACT, TORT,OROTIlERWISE, WHETHER PRE-EXlSTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS AGAINST JAVSarIslng from or relating lDthls ~-t, its il1nap.dldion, p"'r",~co. or tile breacb. tennlnatIon or validity thereof; there1atlonships wbieb result from thls Agleement, inc1udlng, III the full extent permltted by applicable law, liml1.m"". of 1iebilIty. indemnity, and ",lotlnnohlps with tbIrd parties. JA VS advertlsing, or any reIaled purcbase or sen>ice SHALL BB RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL ARBITRATION FORUM (NAP) wuler its Code ofPi.....dw.c then in effect (awilable via the In!erInll at bllp:llwww.arlH\man.coml.orvlatelepboneat8lJO.474-2371). Th<l ARBITRATION AND ALL RELATED PROCEEDINGS SHALL TAKE PLACE IN LOUISVlLLB, JEFFBRSON COUNTY, KENTUCKY. Fmther. the arllIttatlon will be 1Imlted solely III the dlspute or CllJII1'Imlrsy between you andJAVS. Any award of the arbilrator(s) shall be flnal and binding on each of tile parties. and may be entered as a judgment in a comt of ~jnrisdIctlon. fnfunnatIon may be obtained and ~1aImS may be filed wltb the NAP at P.O. Box 50191, M"mneopnlls, MN SS40S. I have read, understand and agree to all of the Limitations of Liability and DispuW Resolution (initial) terma of the Maintenance Agreement .- AudIo VIdeo Syalema, fnc.-13020 _Ind. Blvd. LouIaYII1e. KY 40223-10244447l18--.)ava.com . ....-" ~~.... 1. ., ~. --Ii ""t_, ~ . L .~ Sqfeguard Maintenarwe AgI'eement Jefferson County District Court Page 4 The terms of the Agreement are: PLEASE INITIAL DESIRED AGREEMENT OPTION A Customaty :Maintenance Agreement: $2,250.00 plus applicable Washington tax (initial) I. $1,500.00 - E4 Precision Recording System , 2. $750.00 - Sony PCS-l Video Collf",encing System B.~ Replacement :Maintenance Agreement: $2,615.00 plus applicable Washington tax ~) I. $1,800.00 - E4 Precision Recording System 2. $815.00 - Sony PCS-l Video Conferencing System C. . Decline Agreement (initial) D. The period included commences March 1,2012 and extends through February 28, 2013. E. Billing to be annual. Jeft'erson ~ DIstriet Cowt Signaf:uRl ,o,..c--t-~.c.- Name \ ~ ~tt'- Title ~ 'l'M..-j()lS~.,.",."":"r Date -\. '1 Jefferson ~eo ~ms, IDe. Signaf:uRl . _:n ~*~ Name ~~ ~M ~: Con t ". Court eontact for scl1eduJing ofmalntenaneelrepair Name T'rtIe Phone EmaiI Jefferson County Commissioners Signature Name Title Date Approved as - form<F~) ~aH tih):;:GI2.. Jefferson Co. ProsecutOr's Jodfel1lOlt AudIo VIdeo SJlIlIlmS, Inc. -13020 _Ind. Blvd. LouIsvIlle, KY 40223 - 602~ -_.jaV8.com