HomeMy WebLinkAboutDelete (8) AP
jAvmi MAINTENANCE,REPAIR,AND SUPPORT AGREEMENT
This Maintenance,Repair,and Support Agreement"Agreement"is entered into by and between Jefferson
Audio Video Systems,Inc. "JAYS"and the City of Port Townsend located in Port Townsend,Washington
"Customer"on July 1, 2012 extending through June 30,2013.
WHEREAS,Customer is in possession of the CT-Vi JAVS recording system(s)more particularly identified
in Attachment A"System(s)";
WHEREAS,JAVS is willing to provide the following maintenance,repair,and support services so as to
maximize the reliability of Customer's System(s)"Services";
NOW, THEREFORE, in consideration of the promises and mutual covenants contained herein,the parties
hereby agree as follows:
A. SERVICES
1. Tri-Annual Inspections.JAVS will perform a tri-annual inspection,review of the operational test
recordings and adjustments of each System for the JAVS built PCs/recorders,AutoLog software and
equipment if scheduled time to access the room and equipment is provided by Customer.JAVS will provide
user recommendations to Customer and a maintenance form detailing the status of each System which
includes key system information and hard drive capacity of the JAVS built PCs/recorders.
2. JAVS Provided Equipment. 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 conferencing to ensure proper creation of the
audio/video record and system operation.
3. JAVS Built PCs/Recorders. JAVS will inspect the system logs for errors, update the Windows Operating
System,hardware drivers, specific programs related to the capture and playback of the recording, and will
provide revisions to the installed JAVS software and to the JAVS recorders. A test of the JAVS supplied
CD/DVD drive will be performed to ensure Customer can create off-line back-up recorders.Hardware or
operating system malfunctions of the client-provided PC and/or client-managed network will be the
responsibility of the Customer. In addition,JAVS will repair JAVS built PCs/recorders as long as parts are
available.If JAVS built PCs/recorders are not repairable,Customer will be responsible for a percentage 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%for 49 months and older.
4. JAVS AutoLog Software.A test of the JAVS software will be performed to ensure proper operation
including scheduling, interfacing with the A/V mixer/switcher to activate system modes, staring and
stopping of recordings/sessions,publishing, and playback of the recording.
S. Help Desk Support.In the event of a System(s)malfunction or questions about system operation,
Customer is encouraged to first contact the JAVS help desk by phone at 877-JAVS-HLP or via email at
Lipfp cieskf&1ys.cojn Monday— Friday 8:00am to 5:00pm EST. Outside of normal business hours,Customer
may contact the local Safeguard Technician. Calls after 5:00pm local time will go to voicemail 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
1
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.
6. Response Times.In the event that an on-site repair is required to address a reported issue, a JAVS
Safeguard Technician will schedule a visit. 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 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
High examples),or system mode not critical to recording; 2 Business 3 Business
publishing; SDR;video conferencing Hours Days
Normal System adjustments to microphone or PA levels,camera 4 Business 5 Business
views and user settings;CaseViewer software Hours Days
Next scheduled
Supportive Operational training or minor/preferred hardware or software 8 Business maintenance or
user adjustments Hours 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 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.
7. 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 courtroom 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.If the failed equipment is listed on the obsolete list per Attachment B,then
JAVS will provide a quote to upgrade the affected product or part.
8. Modification of Operation.Occasionally a change of usage,operation or enhancement of operation is
desired by Customer. JAVS 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.
2
9. 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 microphones,recorders,
cameras,hard drives,or operating system. Updates will be performed with Customer's approval.
JAVS will provide minor revision software updates for AutoLog—and other JAYS branded software.
Software updates must be compatible with the hardware installed and with the permission of the Customer.
R.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-up 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. Upgrades of recording systems which would transition from VCR's to digital recording or major software
version upgrades,such as AutoLog 5 to AutoLog 6 or Suite 7.
5. 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, **
6. Repair or replacement of any equipment in the event of damage due to negligence or other claims covered by
Customer's insurance.**
7. Customer-provided or non-JAVS certified equipment,hardware,and software. **
8. Moving of equipment. **
9. Customer requested on-site advanced training.
10. 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).**
11. Lost records or data recovery due to equipment failure,computer viruses or Customer user error.
12. 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. This Agreement will commence upon the date it is fully executed by JAVS and Customer and will
continue for a period of one year thereafter.
2. Fees;Payments. In consideration of JAVS provision of the Services, Customer pays a fixed fee of
$1,800.00 plus applicable Washington tax"Fee".Payment of Fee will be made within 30 days from the
date of invoice.
3. 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.
3
D.NO WAIVER
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 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 LIMITATIONS MAY NOT APPLY TO YOU.
F.DISPUTE RESOLUTION
ANY CLAIM,DISPUTE,OR CONTROVERSY, WHETHER IN CONTRACT,TORT,OR OTHERWISE,
WHETHER PREEXISTING,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 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,C STOMER ACCEPTED BY JAVS
City of Port Tovnsen Jefferson Audi Vjdeo S stems,Inc.
Signature Signatur
Name d) Name �.� 1 "
Title C`.-( i 7•� � C_ ,, Title Contr ct Administrator
Date 1 ... Date -7 �
t contact for scheduling of maintenance/repair
Name 011x'_/ POt.
Title_ WC, t zv e r AP A))fig , ' e'2_
Phone .'>r"1<?
Email U-4-,...
4
F=E—=C-3L_J^FR ATTACHMENT A
MAIlVTE1VANCE,REPAIR,AND SUPPORT AGREEMENT
City of Port jo-wnsend._City Wall Council Chambers
Qty Vendor Part# Description
JAVS CT-viT"°Audio Video Processor(NTSC)
-8 Audio inputs-4 Video inputs
-5 Direct multi-channel outputs
-2 Balanced public address audio outputs(1+Noise
and 1-Noise)
- 1 Balanced "Mix-Minus" audio output
- 1 Set of left/right mixed audio outputs
-2 Switched video outputs with overlay information
1 CT-Vi-DO - 1 "Mix-Minus"video output
-3 GENLOCK video-source outputs
- 1RU rack mount form factor
Each kit contains the following:
-Above listed AVP-8540 Audio Video Processor
- 12v DC power supply(p/n PSA65U-301)
-6' USB cable
-2 mounting brackets
-JAVS MixerControlT'" software CD
----------
... - - ------ ----- ---- -- - _-...
4 JAV-7017 Low Profile Color Video Camera (NTSC)
4 JAV-VM550 Fujinon 5mm to 50mm Varifocal Zoom Lens. With Filter When Needed.
-4 JCM4400 5" Light Duty Wall and Ceiling Camera Mount for JAVS Came__ra
---- -- ------
1 PS2 JAVS Camera Power Supply-Multiple Cameras
1 XLR MIC BIG Regular-Sized XLR input Cable for the Precision E4 and PrecisionPLUS E4 for JM96&
PR042 Mics
1 CBL-8420-DC Formed-Connector Breakout Cable (Digital Capture) For the AVP-8420.
1_ J_A_V-MDA3V _ Three Output Composite Video MDA- Mini Distribution Amp —
Autolog 6.0 Courtroom Logging Software
1 AL60-SW-Single -Required for Each Courtroom
-Includes CaseScheduler Software
-Requires SQL CAL when Connected to CaseServer
1 JAV-VS3100P IP Audio/Video Encoder
-Built-in Server for Case Monitoring Centralized Logging Applicaions
1 JAV-FS108 Netgear 8 Port 10/100 Fast Ethernet Switch w/Auto Uplink. _
JAVS Primary Digital Recorder with Multi-Track Capability.
1 PDR-100MT -XP Embedded, ODBC Compliant.
-3000B Hard Drive
1 JAV-H915RM Custom Clamping RackMount for the PDR
1. JAV-D45 45 Watt Power Amplifier
1 JAV-AFS DBX Dual Channel Advanced Feedback Suppression Processor
--
---- - ------------ -- ---- .. - - - ---- — ----
1 JAV-JM-96C JAVS Microphone in Cardioid Pattern
1 JAV-PLX-JDE C shaped desk top plexiglass mount for JM style microphones
6 JAV-JM-930 JAVS Microphone Universal Boundary
6 JAV-PLX Plexiglass Microphone Mount
1
ATTACHMENT A
MAINTENANCE,REPAIR,AND SUPPORT AGREEMENT
9 PT-120 Push To Talk Box(Precision and CT-Vi Systems Only)
JAV-CAT5P CAT 5E Cable (Plenum)
25825 75 Ohm Video Cable, Plenum Rated
25291 Shielded Audio Plenum Cable
-----------
18 Gage Stranded Speaker Cable, Plenum Rated Also used for Camera Power
JAV-RJ4.5 Connector
JAV-BNC Video Connectors, BNC
-----------
XLR3P/M/F Microphone Connectors
JAV-BNC Video Connectors, BNC
-------------
ATTACHMENT B
MAINTENANCE,REPAIR,AND SUPPORT AGREEMENT
NON-REPAIRABLE/OBSOLETE EQUIPMENT LIST
Non-Repairable Equipment:
(Equipment and/or parts that is no longer supported by the manufacturer)
Monitors
• All picture tube monitors
• Action,Axion,CL LCD monitors
• Dell PC Monitors
• Elo Touch Panel (models 5 years and older)
Cameras
• Sanyo VCC-5974,VCC-3964,VDC-2950
• Sony DXC-102, DXC-107
Computers
• Control Center PC's manufactured by Silver Stone
• MSI 2.0 Recorder(after August 2013)
Document Cameras
• Elmo DT-50 and DT-70 presenter cams
Other
• Old time/date generator boxes(external, non-JAYS)
• ViewSonic upscaler(N4)
Obsolete Equipment:
(Equipment that is no longer reasonably available in a commercial marketplace)
JAVS Products
• CT-2
• CT-3
• CT-4(does not include CT-4a or CT-4b)
• Legacy Precision Systems—mixer built into the AutoLog PC
VCR's/Media Players
• NEC—All
• Sony—All
• JVC—All
• Buffalo
Computers
• AutoLogTM 5 PR/DR computer and software
• Any computer with an Operating System no longer supported by the manufacturer
• Any computer containing compatible hardware that is no longer available
• DBR made by Asus, model Pundit
Video Conferencing
• ISDN Codecs
• Tandberg 500, 1000,2000 Codecs
• Polycom ViewStation 128,384,512 Codecs
• Sony PCS-1 and PCS-11 Codecs