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HomeMy WebLinkAbout121817_ca05JEFFERSON COUNTY BOARD OF COUNTY COMMISSIONERS CONSENT AGENDA REQUES TO: Board of County Commissioners Philip Morley, County Administrator r galla FROM: Mark McCauley, Central Services D' ctor 1 DATE: December 18, 2017 RE: Request for Board of County Commissioners approval of a Purchase and Sale Agreement with Electrocom for the purchase and installation of equipment for a video streaming and archiving system. STATEMENT OF ISSUE: As part of a larger technology upgrade effort the Board of County Commissioners asked staff to research available technologies and vendors to enable live video streaming and archiving of meetings held in the Commissioners Chambers in the County Courthouse. ANALYSIS: Jefferson County is a large county geographically. Many residents live far from the county seat and it is impractical for them to attend Board of Commissioner meetings. Others that live close to the county seat may have scheduling conflicts that prevent them from attending certain meetings. Live streaming video of county meetings over the internet would enable these residents to observe county meetings in real time using a home computer or a mobile device. Alternatively, residents could watch the archived video when convenient for them. Meeting agenda items will be linked to the appropriate video segments for convenience. This will improve access to our government for the citizens of our county. The video streaming and archiving system will also eliminate the regular public records requests we receive weekly for audio recordings of board meetings since the video and audio will be available on our web site. Productivity of Commissioner staff will increase because archiving the video will enable staff to prepare action minutes which require considerably less time to prepare than verbatim minutes. The system can also be used for court proceedings and other meetings when video streaming and/or archived video are desired. FISCAL IMPACT: This request in and of itself has no fiscal impact -it simply contracts for services already budgeted. The county budget for video streaming and archiving equipment is $35,000. The low bid was $23,369.79, which is $11,630.21 under budget. RECOMMENDATION: That the Board of County Commissioners approve the Purchase and Sale Agreement with Electrocom for the purchase and installation of equipment for a video streaming and archiving system. REVIEWED. Philip Morley, County Alministrator Date PURCHASE AND SALE AGREEMENT THIS AGREEMENT, made and entered into this day of , 20 _ between the COUNTY OF JEFFERSON, acting through the Jefferson County Commissioners, hereinafter called the BUYER and Electrocom, hereinafter called the SELLER. WITNESSETH: For good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto do agree as follows: GENERAL PROVISION This Agreement contains the entire agreement and understanding concerning the subject matter hereof between the parties and supersedes and replaces all prior negotiations, proposed agreements and agreements, written or oral. Each of the parties hereto acknowledges that no other party hereto or any agent or attorney of such party has made any promise, expressed or implied, not contained in this Agreement to induce it to execute this Agreement. Each of the parties further acknowledges that it is not executing this Agreement in reliance on any promise, representation or warranty not contained in this Agreement. This Agreement is to be construed as if it were prepared and reviewed by both parties. 1. SALE OF GOODS Seller shall sell, transfer, and deliver to buyer on or before February 28, 2018, the following described personal property: Upgrade the existing JAVS audio/visual system in the Commissioner's Chambers in accordance with and as described in the attached Exhibit A, Scope of Work which is by this reference incorporated herein and made a part hereof. "KV—s OM1 I] 04 11X11110)eI Buyer shall accept the goods and pay Twenty three thousand three hundred fifty nine dollars and seventy nine cents ($23,359.79) inclusive of WSST for said goods. 3. IDENTIFICATION OF GOODS Identification of the goods to this agreement shall not be deemed to have been made until both buyer and seller have specified that the goods in question are as prescribed in the performance of this agreement. 4. PAYMENT ON RECEIPT Buyer shall make payment for received goods after inspection and approval by the buyer. Buyer shall make payment within approximately 30 days after receiving invoice and approval of goods as per the attached Minimum Specifications and Special Provisions. PURCHASE AND SALE AGREEMENT 412017 Page I of 6 5. RECEIPT CONSTRUED AS DELIVERY Goods shall be deemed received by buyer when delivered and installed to the buyer per the attached Scope of Services at 1820 Jefferson Street, Port Townsend, WA, 98368. Receipt does not equal acceptance for the purpose of this Agreement. 6. RISK OF LOSS The risk of loss from any casualty to the goods, regardless of cause, shall be on the seller until the goods have been delivered and accepted by the buyer. 7. WARRANTY OF NO ENCUMBRANCES Seller warrants that the goods are now free, and that at the time of delivery shall be free from any security interest or other lien or encumbrance. 8. WARRANTY OF TITLE Furthermore, seller warrants that at the time of signing this agreement seller neither knows, nor has reason to know, of the existence of any outstanding title or claim of title hostile to the rights of seller in the goods. 9. WARRANTY OF MERCHANTABILITY Further, seller warrants that the goods, which are the subject of this Agreement, are merchantable and are fit and suited for their intended purpose. This warranty shall survive past the date of Acceptance by the Buyer and shall survive for three (3) years past the date of Acceptance or for a time co -extensive with the manufacturer's warranty, whichever is shorter. 10. RIGHT OF INSPECTION/ REJECTION Buyer shall have the right to inspect the goods on arrival, and within twenty (20) business days after installation, buyer must give notice to seller of its intent to reject the goods or any claim for damages on account of the condition, quality or grade of the goods, and buyer must specify the basis of the claim of buyer in detail. The failure of buyer to comply with these conditions shall constitute irrevocable acceptance of the goods by buyer. 11. RIGHT OF CANCELLATION Either of the parties shall have the right to cancel this agreement on giving twenty (20) business days prior written notice of the intent to do so to the other party. If the Buyer has accepted these goods because it did not invoke its rights under Paragraph 9 above, then neither party to this Agreement shall have the Right of Cancellation. 12. APPLICABLE LAW All questions with respect to the construction of this Agreement and the rights and liabilities of the parties hereto, shall be brought only in the State of Washington and the parties hereto consent to jurisdiction and venue in such State. PURCHASE AND SALE AGREEMENT 4/2017 Page 2 of 6 13. ATTORNEYS FEES In the event of any dispute under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fee and costs, in addition to all other relief to which it may be entitled. 14. AMENDMENTS This agreement shall not be deemed or construed to be modified, amended, rescinded, canceled, or waived in whole or in part except by written amendment signed by the parties hereto. 15. SEVERABILITY If any provisions of this Agreement shall be held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby. [G1sI� MIRT1�to] y Prior to commencing work, the Contractor shall obtain at its own cost and expense the following insurance from companies licensed in the State with a Best's rating of no less than A: VII. The Contractor shall provide to the County Risk Manager certificates of insurance with original endorsements affecting insurance required by this clause prior to the commencement of work to be performed. The insurance policies required shall provide that thirty (30) days prior to cancellation, suspension, reduction or material change in the policy, notice of same shall be given to the County Risk Manager by registered mail, return receipt requested, for all of the following stated insurance policies. If any of the insurance requirements are not complied with at the renewal date of the insurance policy, payments to the Contractor shall be withheld until all such requirements have been met, or at the option of the County, the County may pay the renewal premium and withhold such payments from the moneys due The Contractor. All notices shall name the Contractor and identify the agreement by contract number or some other form of identification necessary to inform the County of the particular contract affected. A. Workers Compensation and Employers Liability Insurance. The Contractor shall procure and maintain for the life of the contract, Workers Compensation Insurance, including Employers Liability Coverage, in accordance with the laws of the State of Washington. B. General Liability (1) - with a minimum limit per occurrence of one million dollars ($1,000,000) and an aggregate of not less than two million dollars ($2,000,000) for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance coverage shall contain no limitations on the scope of the protection provided and indicate on the certificate of insurance the following coverage: 1. Broad Form Property Damage with no employee exclusion; 2. Personal Injury Liability, including extended bodily injury; 3. Broad Form Contractual/Commercial Liability including completed operations (contractors only); 4. Premises - Operations Liability (M&C); PURCHASE AND SALE AGREEMENT 4/2017 Page 3 of 6 5. Independent Contractors and Subcontractors; and 6. Blanket Contractual Liability. C. Automobile (2) - with a minimum limit per occurrence of $1,000,000 for bodily injury, death and property damage unless otherwise specified in the contract specifications. This insurance shall indicate on the certificate of insurance the following coverage: 1. Owned automobiles; 2. Hired automobiles; and, 3. Non -owned automobiles. Any deductibles or self-insured retention shall be declared to and approved by the County prior to the approval of the contract by the County. At the option of the County, the insurer shall reduce or eliminate deductibles or self-insured retention or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. The Contractor shall include all subcontractors as insured under its insurance policies or shall furnish separate certificates and endorsements for each subcontractor. All insurance provisions for subcontractors shall be subject to all of the requirements stated herein. Failure of the Contractor to take out and/or maintain any required insurance shall not relieve The Contractor from any liability under the Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations concerning indemnification. It is agreed by the parties that insurers shall have no right of recovery or subrogation against the County (including its employees and other agents and agencies), it being the intention of the parties that the insurance policies so affected shall protect both parties and be primary coverage for any and all losses covered by the above described insurance. It is further agreed by the parties that insurance companies issuing the policy or policies shall have no recourse against the County (including its employees and other agents and agencies) for payment of any premiums or for assessments under any form of policy. It is further agreed by the parties that any and all deductibles in the above-described insurance policies shall be assumed by and be at the sole risk of The Contractor. It is agreed by the parties that judgments for which the County may be liable, in excess of insured amounts provided herein, or any portion thereof, may be withheld from payment due, or to become due, to The Contractor until such time as The Contractor shall furnish additional security covering such judgment as may be determined by the County. The County reserves the right to request additional insurance on an individual basis for extra hazardous contracts and specific service agreements. Any coverage for third party liability claims provided to the County by a "Risk Pool" created pursuant to Ch. 48.62 RCW shall be non-contributory with respect to any policy of insurance the Contractor must provide in order to comply with this Agreement. If the proof of insurance or certificate indicating the County is an "additional insured" to a policy obtained by the Contractor refers to an endorsement (by number or name) but does not provide the full text of that endorsement, then it shall be the obligation of the Contractor to obtain the full text of that endorsement and forward that full text to the County. PURCHASE AND SALE AGREEMENT 4/2017 Page 4 of 6 The County may, upon the Contractor's failure to comply with all provisions of this contract relating to insurance, withhold payment or compensation that would otherwise be due to the Contractor. IN WITNESS WHEREOF, the parties here -to have executed this Agreement to be effective on the date of its signing by the BUYER. Name of Vendor Vendor Representative (please print) Signature date SEAL ATTEST Carolyn Gallaway Deputy Clerk of the Board 4/2017 Page 5 of 6 COUNTY OF JEFFERSON BOARD OF COMMISSIONERS Kathleen Kler, Chair Kate Dean, Member David W. Sullivan, Member Approved as to form: Philip d. Hunsucker Date Chief Civil Deputy Prosecutor Jefferson County Prosecutor's Office PURCHASE AND SALE AGREEMENT Attachment "A" Scope of Service Replace the existing JAVS Audio System in the Board of County Commissioners Chambers to include re- using some of the existing equipment. New Equipment: - Biamp TesiraForte Digital Server with 12 analog inputs and 8 analog outputs (or equivalent). - Data Video Switch. - Wireless Presentation System. - Gooseneck microphone and base for Admin table. - Ceiling -mounted ambient microphone added between dais and audience seating. - One fixed HD camera for podium. - One fixed HD camera for dais wide -shot. - One HD PTZ camera mounted on side or back wall for dais coverage. Existing Equipment to be reused: - Dais microphones (3) - Podium/Table Microphone - Speakers - Amplifier - Cable General: - Any existing equipment that is identified as being reused that is found defective is not covered under this proposal and will be repaired or replaced under a separate contract or purchase order - Permits not required - Site is available for equipment installation between Sam and 5pm, Tuesday through Friday. Advance scheduling is required. - Questions should be directed to Todd Oberlander, Project Manager, by calling 360-385-9355 or email toberlandergco.jefferson.wa.us PURCHASE AND SALE AGREEMENT 4,20 I'7 Page 6 of 6