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HomeMy WebLinkAbout120417_ca03JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS AGENDA REQUEST TO: Board of Commissioners Philip Morley, County Administrator FROM: Tracie Bick DATE: 11/30/17 RE: Maintenance Agreement JAVS STATEMENT OF ISSUE: - The purpose of this agreement is to provide a one-year service/maintenance agreement on the E4 Precision Court Recording System and Sony PCS -1 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 JAVS to keep records of all its court proceedings. FISCAL IMPACT: Expenditure of $3,065.00 from the trial court improvement fund. RECOMMENDATION: Execute the agreement as presented. DEPARTMENT CONTACT: Tracie Bick REVIEWED BY: //ZPhilip Morl y County Administrato Date Classic Coverage Extended Warranty, Preventative &VAS I Maintenance and Support Agreement j jsr cEWh>0,13Ir ON This Extended Warranty, Preventative Maintenance and Support Agreement "Agreement" is entered into by and between Justice AV Solutions "JAVS" and Jefferson County District Court located in Port Townsend, Washington "Customer" for the period of February 1, 2018 extending through January 31, 2019. WHEREAS, Customer is in possession of the JAVS recording system(s) more particularly identified in Attachment A "System": WHEREAS, JAVS will provide the following Extended Warranty Coverage, Preventative Maintenance, Support and Services so as to maximize the reliability of Customer's systems(s) "Services;" NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein, the parties hereby agree as follows: A. DEFINITIONS CODEC -Technically known as the video conferencing unit (VCU), the codec compresses and decompresses date for video signals. Extended Warranty -Coverage of JAVS provided equipment to include repair or replacement for a specified period after the expiration of the original warranty. Preventative Maintenance (PM) -The scheduled cleaning and adjustment of JAVS provided systems as outlined in the respective agreement. Service -The provision for onsite technical support, user training and servicing JAVS provided equipment as defined by the contract. Standard Travel -Travel within the contiguous 48 states and within a 150 -mile radius (300 miles round trip) of closest stationed JAVS service technician. Support -Remote phone and online troubleshooting and diagnostics. Travel Premium -Travel within the contiguous 48 states more than the 150 -mile radius (300 miles round trip) from the closest stationed JAVS service technician calculated as: round trip distance less standard 300 miles divided by 70 MPH times the applicable hourly rate. Warranty -Coverage of JAVS provided equipment to include repair or replacement for a period of 1 year from date of install. B. SERVICES 1. Help Desk Support. In the event of a System(s) malfunction or questions about system operation, the Customer is encouraged to contact the JAVS help desk by phone at 877-528-7457 or via email at helpdesk@jays.com Monday -Friday 8:OOam to 9:30pm EST. Calls after 9:30pm local time will normally go to voicemail and be addressed at the beginning of the next business day. JAVS trained help desk staff provide immediate troubleshooting, training and diagnostics on common issues that can be resolved quickly. JAVS also provides on-line PC support and training through your internet connection. If the issue requires an on-site technician, our help desk will gather the necessary contact information including the: contact's name, phone number, city, system identification number and detailed description of the issue. The contact information is 1 used by JAVS to log/track issues properly, assign priority level based on contract status and dispatch the appropriate technician to the Customer location. 2. Response Times. In the event that a component from Attachment A requires an on-site repair to address a reported issue, JAVS will schedule a visit during regular business hours. The response time is conditional to Customer's approved room and equipment availability and the severity of the issue, which is measured in four priority levels: Urgent, High, Normal and Supportive. Any variation from the timeframes referenced below will be discussed and mutually agreed upon by Customer and JAVS. For clarification, the priority levels are described in Attachment B. 3. Extended Warranty. Extended warranty is available on JAVS provided and installed equipment less than 5 years old, based from date of installation. JAVS will provide and provision a prolonged warranty on JAVS supplied equipment, both of JAVS manufacture and third party, outside of the manufacturer's standard warranty. JAVS will attempt to repair the faulty equipment dependent upon parts and courtroom availability. If the equipment is not repairable in the field, JAVS at its discretion, will either provide a temporary unit until the original equipment is repaired and reinstalled, or a permanent exchange will be put in service. If the covered equipment requiring repair is no longer available or deemed non - repairable, JAVS will be responsible for the replacement product and all costs associated with its replacement. Non -warranted equipment. JAVS provided and installed equipment older than 5 years old, based from date of installation. JAVS will attempt to repair the faulty equipment, dependent upon courtroom availability. For non -warranted equipment, Customer is responsible for cost of all repair parts, including shipping. From time to time, non -warranted equipment may be deemed non -repairable. If the non - warranted equipment is not repairable in the field, Customer is responsible for cost of replacement product(s). JAVS recorders older than 5 years old, are not eligible for repair involving part(s) replacement and require purchase of new recorder at client expense. For replacement items purchased from JAVS, JAVS will provide labor at no charge. 4. On-site Warranty Support. JAVS will provide on-site warranty services, which includes removing equipment and forwarding to manufacturer for repair, installing loaner and/or new equipment as deemed necessary by JAVS and re -installing repaired equipment; on all products listed on Attachment A. 5. Preventative Maintenance. JAVS will perform a bi-annual inspection, review and operational test of the System and make adjustments as deemed necessary by JAVS. Preventative Maintenance includes updating any System software and firmware as required. All Preventative Maintenance will be coordinated and scheduled with a Customer appointed representative to occur during regular business hours. JAVS will provide documentation to the Customer via a Preventative Maintenance form detailing the status of each system which includes key system information and hard drive capacity of the System. JAVS will document and test each function/mode of the entire System(s) which includes the automatic audio and video mixer/switcher, control boxes, microphones, cameras, time and date generator, monitors, streaming servers, recorders, PA processors and speakers, private mode feed muting, playback/presentation, assisted listening 2 devices and audio/video conferencing to ensure proper creation of the audio/video record and system operation. C. EXCLUSIONS Notwithstanding anything to the contrary elsewhere in this Agreement, JAVS shall have no responsibility and/or liability in regards to the following: 1. All video conferencing equipment, bandwidth, network stability and call quality issues are the responsibility of the court. * 2. Normal wear and tear items such as back-up UPS batteries and projector lamps. 3. Consumable items such as batteries, CD's, DVD's, printer paper, and print cartridges. 4. Services, software, hardware, and Operating Systems that are no longer supported by a third party. * 5. Upgrades of Systems which would transition from analog camera systems to digital, or major software version upgrades, such as AutoLog 7 to AutoLog 8. 6. Vandalism (including inmate abuse), deliberate tampering with the System, intentional or unintentional damage caused by other contractors/staff, attempted repair and/or maintenance by any personnel not employed by JAVS. * 7. Repair or replacement of any equipment in the event of damage due to negligence or other claims covered by Customer's insurance. * 8. Customer -provided or non-JAVS certified equipment, hardware, and software. 9. Moving of equipment. * 10. Customer requested on-site advanced training. 11. Repairs and/or service that requires reconfiguring JAVS 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, video conferencing connection issues) * 12. Lost records or data recovery due to equipment failure, computer viruses or Customer user error. 13. Migration of Customer recordings for archival, retention and restore. * 14. Shipping delays for repair, loaner or replacement parts and equipment. *Customer approval required to perform services for the indicated Exclusions, which will be billed at current labor rates plus parts and expenses if applicable. FEES/PAYMENTS for exclusions A fee of $125.00 per hour (1 hour minimum) plus *Travel and expenses, will apply for each request for on-site service for services not covered by this agreement. Travel time is defined as portal to portal. D. TERMS 1. Effective Date. The Agreement begins February 1, 2018 and will continue for a period of 1 year thereafter. 2. Fees; PUments._In consideration of JAVS provision of the Services, Customer pays a fixed fee of $3,065.00 "Fee" plus any applicable state taxes. Payment of Fee will be made within 30 days from the date of invoice. 3 BREAKDOWN OF MAINTENANCE FEE Contract Period: February 1, 2018 to January 31, 2019 MAC -00278 Courtroom Number/Location SID## System Description Maintenance Fee Jefferson County District Court ISID-011481 Centro AX Recording System I S 3,065.00 Total $ 3,06$.00 Note: JAVS reserves the right to review and recalculate fees associated with the service agreement and adjust accordingly for the next contract period. Changes in pricing of fees reflect added coverage for new equipment and/or services not previously covered under the service agreement and/or the removal of equipment that is no longer covered. This review is performed prior to the delivery of the subsequent agreement and can affect your agreement fees for that period. 3. Billing of Excluded Services. A fee of $125.00 per hour (one hour minimum) plus expenses will be charged for any excluded services (Includes Video Conferencing Systems, see Section C.) requested by the Customer for on-site support. 4. Refunds. Refunds 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 shall 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. E. 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. F. 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 LIMITATIONS MAY NOT APPLY TO YOU. G. DISPUTE RESOLUTION 4 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://www.arb- forum.com/, or via telephone at 800-474-2371). 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 Customer and JAYS. 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 Jefferson County District Court ACCEPTED BY JAVS Justice AV Solutions Signature Signature Name Name Title Title Date Date ACCEPTED BY CUSTOMER Additional Court Representative (ifrequired by court) Signature Name Title Date Customer contact for scheduling of maintenance/repair Name Title Phone Email Daris Benton Contract Administrator November 14, 2017 5 N N \ \ \ \ \ \ \\ r1i m \ \ N N N N N N \ \\ -i F N lD l0 l0 \ \ \ A 0 m - to to cn O O O to O crn cn O O Ciy cn Ln O O to O N to to O O 0 0 u O N N O O to O N O O O O N N N O N O O N N A A A A A A N A A A A A W A A C V V V 00 00 00 V 00 V V 00 00 V V 00 00 V 00 V V 00 00 V 00 �l 00 Z -� N �] 1 m m m m m m m m m m m m m < N N V1 V1 V1 V) V1 N V1 V1 N N V1 n � (D C a n.j V) V) V1 V1 V1 V) LL so Vf N V7 N .� � n z z z z z d m 3 m m O O O O O O O O O d O O O LI) O O O O z D t Z N N N N N N N N N f y N N N N .r y 00 00 ao 00 00 00 00 00 00 00 00 00 00 n o c � a O m m T A N A m m y v vi tin v n d 0 V V7 V1 v Vf v, D X n Cil 4=i — F ll 4�i W O M A M 0 N N 00 C chi Q 0- 3 3 ID n S ID C n — n Co X 7r � N.0 m f0'f 3 N C C7 m y Q- O- O Or C n V7 7C O .y. 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((D p� G) 3 ID C17 N S .� D Q m (D pi n Z m (CL o 2 r�D m o 3 Q 3 c (° D p M o 3. 3 a v '! _ o fi 3 N (D '< nfl_ (D S N < Q O' n +n faD p 7 InCO 3 M (D C (n (D rN•r a N S \ \ \ \ \ N 0 H N O O O O O O CD 00 Ol 0) 0) 01 Ol W O V O d y Ql V rl z H < m m m m m (D m m m m V1 V1 (n m N m (/) m m (n m N m m m m m Vf In (n n (D y a m m m m m ZZ m Z Z Ln cn cn cn cn O O N O O o> z � � y w Y v MD n cn cn n 0 q m N N 0 o C o o W 00 z 3 z n LA .� xa m o a G m m G �^ Vf N Ln cn fD 0 o D p z a oo m m m o n z e a m < o N n p D A < C17 G� C17 C) z m (D D C < < °�>m Ls7 z < D z d cn r m <• c C17 Ci ori n CL D n o z C ° + --I a D < j 0 (D �0 a z CD z nm ,C o z y V 2 po 0 N zeD p C f> ~ n3 �^13 a �< m C m Z 3 m m n a z n N N v lsJ O O � N N z LA .� m m G Vf N 11 fD � a x m m v z e C A Y ATTACHMENT B Priority Example Initial On -Site Level Response* Response** Urgent Non -Recording System; inability to record audio; 1 Business 2 Business inability to record judge, witness or attorney Hour Days microphone(s) Faulty monitor, camera, microphone (other than Urgent 2 Business 3 Business High Level examples), or system mode not critical to Hours Days recording; publishing; secondary recorder; Normal System adjustments to microphone or PA levels, 4 Business 5 Business camera views and user settings; Hours Days Next scheduled Supportive Operational training or minor/preferred hardware 8 Business Preventative or software user adjustments, video conference Hours Maintenance or other higher level repair visit *An "Initial Response" for the purposes of this Agreement is when a service ticket is opened and acknowledged by JAVS help desk or JAVS Classic Technician. **An "On -Site Response" for the purposes of this Agreement is the time from when JAVS help desk or JAVS Classic Technician logs the ticket and when the JAVS Classic Technician arrives to Customer's agreed upon appointment for the initial on-site repair. 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