HomeMy WebLinkAboutJustice AV Solution (JAVS) - 022618'CA - -
S
Classic Coverage Extended Warranty, Preventative
&VAS Maintenance and Support Agreement
This Extended Warranty, Preventative Maintenance and Support Agreement "Agreement" is entered into
by and between Justice AV Solutions "JAVS" and Jefferson County Superior Court located in Port
Townsend, Washington "Customer" for the period of March 1, 2018 extending through February 28,
2018.
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
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 ejays.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
used by JAVS to log/track issues properly, assign priority level based on contract status and
dispatch the appropriate technician to the Customer location.
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 JAYS. For clarification, the priority levels are described in Attachment B.
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
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 March 1, 2018 and will continue for a period of 1 year thereafter.
2. Fees; Payments._In consideration of JAVS provision of the Services, Customer pays a fixed fee of
$3,370.00 "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: March 1, 2018 to February 28, 2019
MAC-00284
Courtroom
Number/Location SID# System Description Maintenance Fee
Superior Court I SID-01149 Centro CX Recording System 1 $ 3,370.00
Total $ 3,370.00
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.
4
ACCEPTED BY CUSTOMER
Jefferson County ,"7 ,
Signature
Name -`'''
-kid, S14
Title bee&_
Date
ACCEPTED BY CUSTOMER
Additional Court Representative (ifrequireabycourt)
Signature th
Name AMP
Title
Date
ACCEPTED BY JAVS
Justice AV Solutions
Signature
Name Daris Benton
Title Contract Administrator
Date February 21, 2018
Customer contact for scheduling of maintenance/repair
Name
Title
Phone
Email
Approved as to form:
,?-C /
Philip C. Hunsucker, Chief Civil Deputy Prosecuting
Attorney for Jefferson County, Washington
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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)
High
Faulty monitor, camera, microphone (other than Urgent
2 Business
3 Business
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.
0
Consent Agenda
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Sophie Nordstrom
DATE: r--e�
RE:JAVS Safeguard Maintenance Agreement
STATEMENT OF ISSUE:
Superior Court is requesting that this agreement be approved for 2018 Funding.
ANAs ,VCiC-
On an annual basis Superior Court applies for funding for the JAVS Safeguard Maintenance
Agreement.
FISCAL IMPACT:
The funding amount is for 3370.00..
RECOMMENDATION:
Approve agreement for JAVS Maintenance Agreement.
DEPARTMENT CONTACT:
Sophie Nordstrom -360-385-9360
REVIEWED BY:
/� Philip MorleV, County Administra Date
CONTRACT REVIEW FORM I Z. O� 1
CONTRACT WITH: Justice AV Solution
(Contractor/Consultant)
CONTRACT FOR: TERM:
JAV S Safeguard Maintenance Agreement 03�o l l / 8 — Daja$ % 9
AMOUNT: 3370.00
Revenue:
Expenditure:
Matching Funds Required:
Sources(s) of Matching Funds
N/A
N/A
N/A
N/A
Step 1: REVIEW BY
Review by:
Date Reviewed:
APPROVED FORM
Comments
Step 2: REVIEW BY
Review by:
Date Reviewed:
APPROVED AS TO FORM
nents Do w.e- v,ea /ly 0 to% �-
PROCESS: Exempt from Bid Process
Consultant Selection Process
Cooperative Purchase
Competitive Sealed Bid
Small Works Roster
Vendor List Bid
RFP or RFQ
Other
Returned for revision (See Comments)
CVTkNG ATTORNEY
a -v-, 7 -
Ef
for revision (gee Comments)
4 v 4 �V"-dz, w.
Step
Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO
RISK MANAGEMENT AND PROSECUTING ATTORNEY
Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF
ORIGINALS
Step 5: SUBMIT TO BOCC FOR APPROVAL
Submit originals and 9 copies of Contract, Review Form, and Agenda Bill to BOCC Office.
Place "Sign Here" markers on all places the BOCC needs to sign.
MUST be in BOCC Office by 4:30 p.m. TUESDAY for the following Monday's agenda.
(This form to stay with contract throughout the contract review process.)