HomeMy WebLinkAbout022414_ca02Consent Agenda
Commissioners Office
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Steve Richmond, Jail Superintendant
DATE: February 24, 2014
SUBJECT: AGREEMENT re: Maintenance for Video System Located at the Jail; In
the Amount of $750 plus tag; Jefferson County Sheriff; Jefferson Audio
Video Systems (JAVS), Inc.
STATEMENT OF ISSUE:
A one year maintenance /service agreement on the JAVS video system located at the jail. This agreement is
necessary to continue the maintenance of the equipment.
FISCAL IMPACT:
$750 plus tax for one year of video system maintenance.
RECOMMENDATION:
Approve AGREEMENT for Maintenance for Video System Located at the Jail; In the Amount of $750 plus
tax; Jefferson County Sheriff; Jefferson Audio Video Systems (JAVS), Inc.
RE W D BY:
Ph�
t 4
f orlp`ounty Adstrator Date
An SERVICE AGREEMENT
This Service Agreement "Agreement" is entered into by and between Jefferson Audio Video Systems, Inc. "JAVS"
and Jefferson County Jail located in Port Hadlock, Washington "Customer" for the period of February 1, 2014
extending through January 31, 2015.
WHEREAS, Customer is in possession of the PCS -1 Video Conferencing System "System(s) ";
WHEREAS, JAVS is willing to provide the following support services "Services ";
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereby
agree as follows:
A. SERVICES
1. Help Desk Support. In the event of a System(s) malfunction or questions about system operation, the Customer is
encouraged to first contact the JAVS help desk by phone at 877 - 528 -7457 or via email at helodesk,a iays.com
Monday - Friday 8:OOam to S:OOpm EST. Outside of regular business hours, Customer may contact the local
Safeguard Technician. Calls after S:OOpm local time will normally go to vmcemail and be addressed at the beginning
of the next business day. JAVS trained help desk staff provides immediate troubleshooting, training, and diagnostics
on common 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 help desk will gather the necessary
contact information including: Contact's name, phone number, city, room affected and a detailed description of the
issue. The contact information is required for JAVS help desk to log/track the issue properly, assign a priority level
and dispatch the appropriate technician for that location. Each of our technicians is equipped to train and customize
the System(s) to your needs.
2. Response Tines. In the event that an on -site repair is required to address a reported issue, a JAVS Safeguard
Technician will schedule a visit during regular business hours. The response time is conditional to Customer's
approved room and equipment availability and severity of the issue, which is measured in four priority levels:
Urgent, High, Normal, and Supportive. Any variation from the timefirames referenced below will be discussed and
mutually agreed upon by Customer and JAVS. For clarification, the priority levels are described in the table below:
Priority
Example
Initial
On-Site
Level
Response *
Response **
Urgent
Non- Recording System; inability to record audio; inability to
1 Business
2 Business
record judge, witness or attorney microphone(s)
Hour
Days
Faulty monitor, camera, microphone (other than Urgent Level
2 Business
3 Business
High
examples), or system mode not critical to recording; publishing;
Hours
Days
SDR; video conferencing
Normal
System adjustments to microphone or PA levels, camera views
4 Business
5 Business
and user settings; CaseViewer software
Hours
Days
Support ive
Operational training or minor /preferred hardware or software
8 Business
20 Business
user adjustments
Hours
Days
*An "Initial Response" for the purposes of this Agreement is when a service ticket is opened and acknowledged by
JAVS help desk or JAVS Safeguard Technician.
* *An "On -Site Response" for the purposes of this Agreement is the time from when JAVS help desk or JAVS
Safeguard Technician logs the ticket and when the JAVS Safeguard Technician arrives to Customer's agreed upon
appointment for the initial on -site repair.
3. On -Site Repair. During the process of an on -site repair, the JAVS Safeguard Technician will attempt to repair the
faulty equipment dependent upon parts and room availability. If the equipment is not repairable in the field, either a
loaner unit will be installed until the original equipment is repaired and reinstalled or a permanent exchange will be
put into service. If the failed equipment does not affect an urgent priority level repair, then a loaner will not be
required. If products or parts are no longer supported by the original equipment manufacturer and deemed non-
repairable, Customer will be responsible for the purchase of a replacement product or part.
4. Modification of Operation. Occasionally a change of usage, operation or enhancement of operation is desired by
Customer. JAYS will provide a quote for the changes or enhancements. A requested change or upgrade that is
authorized by Customer and approved by JAVS will be performed in accordance with agreed specifications.
Customer will purchase any additional hardware as may be required; the newly purchased hardware will be covered
by a one -year warranty period commencing with the completion of installation, but will not extend the existing
Agreement. Following the warranty period, Customer will have the option to add the new hardware to the Agreement
at a prorated rate if applicable.
5. Updates. At its option, JAVS may offer to include certain updates to the System(s) as part of this Agreement.
The inclusion of updates, if any, will be for software revisions and minor hardware. This will assist JAVS to maintain
a consistent level of engineering in every system and will promote compatibility among the System(s). Updates will
not include major equipment changes, such as Codecs, VCR's or cameras. Updates will be perforated with the
Customer's approval.
B. EXCLUSIONS
Notwithstanding anything to the contrary elsewhere in this Agreement, JAVS shall have no responsibility and/or
liability in regards to the following:
1. Normal wear and tear items such as VCR's, Back- UPS's, projector lamps, television picture tubes, and plasma
displays.*
2. Consumable items such as batteries, video tapes, CD's, DVD's, printer paper, and print cartridges.*
3. Services, software, hardware, and Operating Systems that are no longer supported by a third party. *•
4. Vandalism (including inmate abuse), deliberate tampering with the System(s), intentional or unintentional damage
caused by other contractors/staff, attempted repair and/or maintenance by any personnel not employed by JAVS.
5. Repair or replacement of any equipment in the event of damage due to negligence or other claims covered by
Customer's insurance . **
6. Customer - provided or non-JAVS certified equipment, hardware, and software (i.e. cable or DSL modem).
7. Moving of equipment * *
8. Customer requested on -site advance training. '*
9. Repairs and/or service that requires reconfiguring 3AV S equipment due to changes made by Customer's third party
hardware, network, anti -virus settings, or any local IP Provider connection (i.e. change of IP address or network
configuration).**
10. Lost records or data recovery due to equipment failure, computer viruses or Customer user error.
11. Shipping delays for repair, loaner or replacement parts and equipment.
*Customer approval required for the purchase of a replacement part/product (no labor charge).
**Customer approval required to perform services for the indicated Exclusions, which will be billed at current labor
rates plus parts and expenses if applicable.
C. TERMS
1. The effective date of this Agreement is February 1, 2014 and will continue for a period of one year thereafter.
2. Fees. Payments. Inconsideration of JAVS provision of the Services, Customer pays a fixed fee of $750.00 plus
applicable Washington tax "Fee ". Payment of Fee will be made within 30 days from the date of invoice.
3. Refunds. Refimds of Fees payable hereunder will be limited to a pro-rated portion calculated per business day of
the total amount paid for the Agreement in the event that an agreed response time is not met The pro -rated portion of
the Agreement Fees payable to Customer as a refund shalt be limited to the number of days required to respond that
are in excess of the agreed response period. No refund shall be payable for days that JAVS does not have access to
the covered equipment. No refund shall exceed the value of the Agreement. A request for a pro-rated refund payable
to Customer for a decommissioned System(s) must be received in writing.
D. NO WAIVER
WHETHER BY CHOICE OR NEGLECT JAVS 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 THIS AGREEMENT.
E. LIMITATION OF LIABILITY
JAVS DOES NOT ACCEPT LIABILITY BEYOND THE REMEDIES SET FORTH IN THIS AGREEMENT OR
ANY LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT
LIMITATION ANY LIABILITY FOR PRODUCTS 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 THE ABOVE EXCLUSION OR
LIMITATION MAY NOT APPLY TO YOU.
F. DISPUTE RESOLUTION
ANY CLAIM, DISPUTE, OR CONTROVERSY, WHETHER IN CONTRACT, TORT, OR OTHERWISE,
WHETHER PRE- EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW,
INTENTIONAL TORT AND EQUITABLE CLAIMS AGAINST JAVS arising from or relating to this Agreement,
its interpretation, performance, or the breach, termination or validity thereof, the relationships which result from this
Agreement, including, to the full extent permitted by applicable law, limitations of liability, indemnity, and
relationships with third parties, JAVS advertising, or any related purchase or service SHALL BE RESOLVED
EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE NATIONAL
ARBITRATION FORUM (NAF) under its Code of Procedure then in effect (available via the Internet at
http: / /alvw.arb- forum.com/, or via telephone at 800 -474- 2371).
The ARBITRATION AND ALL RELATED PROCEEDINGS SHALL TAKE PLACE IN LOUISVILLE,
JEFFERSON COUNTY, KENTUCKY. Further, the arbitration will be limited solely to the dispute or controversy
between you and JAVS. Any award of the arbitrator(s) shall be final and binding on each of the parties, and may be
entered as a judgment in a court of competent jurisdiction. Information may be obtained and claims may be filed with
the NAF at P.O. Box 50191, Minneapolis, MN 55405.
ACCEPTED BY CUSTOMER ACCEPTED BY JAVS
Jefferson Coo)mtty�J,ail, H3�/lck, A �) Jefferson Audio Video Systems, Inc.
Signature � r� /uti'Y Signature
Name S S, le I C44 +11 LUI D Name Sharon Ramick
Title'JC.'-V JAIL SUQQit t Y 1f{ 10Q n Title Contract Administrator
Date Date January 28.2014
Approved by
Jefferson County Commissioners 1
On
form Signature:
Name: Y 2l lq r'
Title:
eraort Co. to
Date: 3 David Alvarez, Chief Civil DPA