ORDER NO. 31343 VIDEO TELECONFERENCE SYSTEM PROPOSAL Came to be heard this the 22nd day of June, 2009, with a motion made by Commissioner Williams, seconded by Commissioner Letz, the Court unanimously approved by a vote of 4-0-0 to: Approve a Video Teleconference System Proposal at a cost of $19,543.00 plus $200.00 shipping, and authorize the County Judge to sign same. i.~ 3~3~3 COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: John D. Trolinger Office: Information Technology MEETINCI 1~ATF: June 22, 2009 TIME PRF,FF.RRFD: 10; ~~ SUBJECT: (Please Be Specific) Consider discuss and take appropriate action for approval of a Video Teleconference system proposal and authorized the county judge to sign same. EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON): Personnel Issue(s) NAME OF PERSON ADDRESSING COURT: John D. Trolinger ESTIMATED LENGTH OF PRESENTATION: 1 minute IF PERSONNEL MATTER -NAME OF EMPLOYEE Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and X52, Government Code, is as follows: Meeting schedule for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court, Court Order No. 25722. Make sure any and all back up material is attached to this form. ~~~T ~ OFT %~n e ~'?~`RR ~~„~ INFORMATION TECHNOLOGY DEPARTMENT TO: Vyopta FROM: John D. Trolinger DATE: 15 June 2009 RE: Purchase order R4847 Per TCPN Contract Proposal for Two (2) Tandberg Personal Telepresence 1700 MXPs is accepted. Our purchase order number is 09-01738. Please note the following. 1. Kerr County is not currently a TCPN member. We have started the membership process. 2. The contract on page 5 of 6 stipulates that the warranty is void, listing several conditions. Please confirm that changing the typical system settings is not a condition that voids the warranty. ~c JOHN D. TROLING Kerr County Information Technology Man~,~~ -------- Original Message -------- Sub j ect:Teleconferencing Date: Wed, 6 May 2009 09:5:17 -0500 From:Ilse Bailey To:John Trolinger CC:Rex Emerson John - As you know, I have been tasked by Rex and Judge Brown to accomplish the acquisition and installation of additional teleconferencing units, one in the courthouse and one at the jail, so that lawyers can use these two units to confer with their inmate clients at the same time that the judge and/or I are having hearings or conferring with other inmates. We have found the current two units so useful and efficient that we believe that these additional units will substantially enhance our ability to move cases even more smoothly through the judicial process. You were able to provide us with a quote from Guardian Security for two additional Polycom teleconferencing units like the ones we already have, but before we simply decided to purchase these units, we felt that it would be prudent to find out what is out there in the marketplace to compare and see whether we could save taxpayer dollars by getting something for a lower cost. In the process of doing this research, we have discovered that there are other technology and infrastructure issues that need to be addressed. First, I am somewhat disappointed to find that you have apparently been misled about the capabilities of the two installed units at the courthouse and the jail as they are currently configured. You and I have had a number of conversations about the fact that in order for us to make the best use of these units, it is essential that they be able to communicate with other outside teleconferencing units, not just each other. You have repeatedly assured me that this is the case; that these units can dial out to another IP address, even to the extent that you informed me that you have communicated with the TDCJ IT representative and have arranged for our units to be able to be used to communicate with the teleconferencing units in the TDCJ system. You have told us that we can now plead a prison inmate by teleconference, and avoid the necessity and expense of a bench warrant and housing the prisoner, as long as we have enough notice to let TDCJ set it up. Both you and Drew have told us on two separate instances where we were trying to utilize this capability to communicate with an outside teleconferencing unit that the reason we could not do so was something to do with our firewall, and that we just did not know how to circumvent the firewall. I now understand from Time-Warner cable, however, that they provide the cable service at the jail, and that the two existing units are 'hard-wired" to communicate just with each other, and as configured, will never be able to contact or be contacted by another unit. This discovery, of course, led to questions about what we would have to do to reconfigure these units so that they can be utilized more efficiently. For instance, we have the possibility of getting mobile video conferencing capability for all of the JP's and other judges to use on their laptops, so that they could communicate with the jail from remote locations. As I understated it, the load that the current cable service at the jail will support may be insufficient to support the additional two units even if the two existing ones are set up properly; that is, set up so that they can communicate to outside units. Thus, the infrastructure concerns. I understand that Ethernet service replacing the cable service would resolve this issue, but this raises budgetary concerns that are outside my area of control or Irnowledgc. Based on the foregoing, I have asked "Vypota" representative Brison Matula to contact you directly to find out if we can achieve our objectives of making the two existing units talk to other outside units, and getting sufficient cable or Ethernet capability to add the other two units and mobile video connections. Vyopta is a provider of videoconferencing integration services, and are vendors for Polycom and Tandberg, among other manufacturers of videoconferencing equipment. Please note that time is of the essence in getting the answers to these questions. Vyopta has a grants division that will seek out and help write grants for us, so if we are in need of funding to upgrade our infrastructure, they may be able to assist us with that process. They have also noted that this is a particularly good time to be looking for funding for this kind of project, since there is a lot of federal stimulus money being handed out, and we may be eligible for some of that money. Ideally, if we can get this technology going properly in this county, we might be able to find funding for putting units in the jails and courthouses of all 9 counties in our two judicial districts, and hook all the judges up with mobile video capabilities, which would effectively allow them alf to be in two or three places at once. This kind of efficiency would undoubtedly reduce costs in a number of ways, and assist in streamlining and speeding up the dockets in all courts in the district. The other counties would have to be persuaded to agree to the project, but if we can get money for the initial system through a grant, it would seem probable to me that most or all of the counties would get on board pretty quickly. Please come see me if you have questions. else D. Bai~e~ .~s'srstant County .attorney Kerr County Courthouse 700 Main Street, Suite BA-103 Kerrville, Texas 78028 phone: 803/792-2220 fax: 830/792-2228 e-mail: ibailey@co.krerr.tx.us ~pta 3006 Bee Caves Road 1 Suite A-230 ~ Austin Texas 78746 ~ (512) 891-4200 June 15, 2009 Mr. John D. Trolinger, IT Manager Kerr County 830-739-4832 Cell phone Confidential and Proprietary Re: Proposal for Two (2) Tandberg Personal Telepresence 1700 MXPs John, It is my pleasure on behalf of Vyopta to present this proposal to you. I have included pricing for two Tandberg Personal Telepresence 1700 MXPs. The pricing includes warranty, software maintenance, remote technical support (includes access to Vyopta web-based incident reporting system), install services and shipping. In addition, I have included the requisite information for Kerr County to purchase these systems via the TCPN. Investment Summary Description Qty Total Price (USD) TANDBERG 1700 MXP (Maintenance Contract Required) 2 TANDBERG 1700 MXP Natural Presenter Package (NPP) Option 2 Vyopta Standard Customer Care for TANDBERG 1700 MXP - NO ONSITE (1 Year) • Includes: Unlimited remote technical support, Tandberg software upgrades, Tandberg hardware warranty that supports next business day product replacement (or repair) and access to Vyopta's web-based incident reporting system 2 $19,543.00 Vyopta Professional Services • Includes: Remote Installation Service 2 Estimated shipping 2 $200.00 Notes: 1. Onsite technical support is not included. If onsite technical support is required, then Vyopta will need approval for a service work order to perform onsite technical support. If you have any questions, comments or need to update this proposal, please feel free to contact me by phone at 512.891.4200 or by a-mail at brison.matula@vyopta.com. Otherwise if the proposal meets your expected needs, you can execute the proposal acceptance sheet on the next page. The TCPN information is found in Attachment A and the terms and conditions are found in Attachment B. Thank you, Brison Matula, Enterprise Account Executive Vyopta Incorporated Austin, Texas 78746 1512.891.4200 Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 1 of 6 Confidential and Proprietary 3006 Bee Caves Road ~ Suite A-230 ~ Austin Texas 78746 ~ (512) 891-4200 By executing below, the undersigned authorized representative of client hereby acknowledges and accepts the terms and conditions of this proposal and shall submit a purchase order per TCPN Contract R4847 to Vyopta for the payment of the products, services and expenses set forth herein. AGREED TO AND ACKNOWLEDGED This 22nd day of June , 2009 Kerr County _a By: Name: Pat Tinley Title: Kerr County Judge Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 2 of 6 Confidential and Proprietary 3006 Bee Caves Road ~ Suite A-230 ~ Austin Texas 78746 • (512) 891-4200 Attachment A -The Cooperative Purchasing Network (TCPN) Information Contract Video Conferencing Equipment and Services (includes streaming solutions) Awarded Vendor Vyopta Incorporated TCPN Contract No. R4847 (All P.O.s must reference "Per TCPN Contract") Contract Expiration Date January 31, 2010 Number of Renewals 3 Order Placement Contract terms allow PO's to be sent to this vendor and must reference "Per TCPN Contract." Vendor Contact Alfredo Ramirez 3006 Bee Caves Rd., Suite A-230 Austin, Texas 78746 Tel: (512) 891-4200 Fax: (512) 891-4202 aramirezCawvopta.com Vendor Website www.vyopta.com Vendor MWBE/HUB Status A State of Texas Certified HUB Business Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 3 of 6 Confidential and Proprietary 3006 Bee Caves Road ~ Suite A-230 ~ Austin Texas 78746 ~ (512) 891-4200 Attachment B-Terms and Conditions 1. Seller's acceptance of this proposal is expressly conditioned upon acceptance by you of these terms and conditions (the "Sales Contract"). Seller is not bound by any terms in any document furnished or otherwise proposed by Buyer which attempt to impose any conditions at variance with these terms. Seller's failure to object to provisions contained in any of Buyer's forms shall not be deemed a waiver of the provisions of Seller's terms and conditions which shall constitute the entire, final and exclusive contract between the parties. The Sales Contract shall be for the benefit of Seller and Buyer and not for the benefit of any other person. Prior courses of dealing and verbal agreements not reduced to a writing signed by Seller, to the extent they modify, add to or detract from the Sales Contract, shall not be binding on Seller. 2. The Sales Contract may not be modified or rescinded except by a writing signed by Seller and Buyer. If all or part of the Sales Contract is terminated by such modification or rescission, Buyer, in the absence of contrary written agreement between Seller and Buyer, shall pay termination charges based upon cost determined by accepted accounting principles, plus a reasonable profit on the entire order. Cost shall include any amount Seller must pay to its suppliers due to any termination by Seller of a purchase order for products or services intended for Buyer. Buyer will be required to pay restocking fees equal to 50% of the purchase price for items purchased by Seller for the services to be rendered. 3. Buyer shall pay the 100% of the purchase price for the products upon delivery of such products. Buyer shall pay 100 % of the purchase price for Seller's services upon substantial completion of the services; provided, however, that if performance of such services will take longer than one month then Buyer shall pay Seller on a monthly basis for services provided and billed monthly until completion. The purchase price for the products is F.O.B. first point of shipment. Title to and risk of loss of the products pass to Buyer upon delivery to carrier; provided, however, that Seller shall retain a lien upon the products until full payment has been received by Seller. Title to any software purchased shall remain with the licensor and Buyer shall be granted a license for the software according to the license agreement for such software. Any amounts which are not paid within this thirty (30) day period will bear interest at the lesser of the rates of (i) one and one-half percent (1 1/2%) per month, or (ii) the highest rate permitted by law. Time is of the essence for all payments due under this Agreement, and in the event any payment due to Seller is collected at law, through an attorney-at-law or a collection agency, Buyer agrees to pay all costs of collection, including without limitation, all court costs and reasonable attorney's fees. 4. Pricing is based upon information provided by the Buyer and on OEM pricing. Should there be changes in either in the requirements of the transaction or in OEM pricing, Seller reserves the right to alter or modify the fees or purchase price as necessary. Reasonable travel, lodging, meals and related expenses are not included in the purchase price and shall be invoiced separately. The fees or purchase prices do not include taxes, duties, fees or levies. If Seller is required to pay any sales, use, property, excise, value added, gross receipts, or other taxes, duties, fees or levies on any product or services sold to Buyer under this Agreement or on Buyer's use thereof, then such taxes, fees or levies shall be billed to and paid by Buyer. Shipping costs and any additional documentation fees shall be the responsibility of the Buyer. S. Shipping date or other applicable performance date is estimated on the basis of immediate receipt by Seller of Buyer's order and all information, drawings and approvals to be furnished by Buyer, and the absence of delays resulting from or contributed to by circumstances beyond Seller's reasonable control, including, but not limited to, shipping delays from the manufacturer or Buyer's site in a condition not ready for installation. Seller shall have the right to make partial shipments. All changes in specifications or estimated shipping date will be by mutual written Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 4 of 6 Confidential and Proprietary 3006 Bee Caves Road ~ Suite A-230 ~ Austin Texas 78746 ~ (512) 891-4200 agreement of Seller and Buyer and where such changes affect Seller's time or cost of performance, an equitable adjustment in estimated shipping date or purchase price, or both, will be made. If no method of transportation is specified, shipment will be by a reasonable method of transportation. 6. Products sold by the Sel-er are covered by manufacturer warranties and Buyer's warranties in its entirety shall be deemed limited to and shall not extend beyond such warranties. The length of the warranty period will be the length established by the manufacturer of the products and if no length is specified by the manufacturer, shall in no event extend beyond one year from the date of shipment. Buyer shall proceed exclusively and directly against such supplier or manufacturer at Seller's request. Buyer may, at its discretion, purchase extended or additional warranties when available for the products. Seller sole obligation under these warranties will be to use commercially reasonable efforts to assist Buyer with warranty support requests to the manufacturer. Buyer's exclusive remedy for breach of any such warranties will be enforcement of such obligation of the manufacturer. No warranty is made that software will run uninterrupted or error free. Seller will perform the services in accordance with its customary procedures and as may be specified by the manufacturer. Buyer's sole remedy for defective services shall be Seller's re-performance of the work. THE FOREGOING WARRANTIES ARE EXCLUSIVE AND IN LIEU OF, AND SELLER DISCLAIMS, ALL OTHER EXPRESS OR IMPLIED WARRANTIES, OBLIGATIONS OR LIABILITIES, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE. EXCEPT FOR THE LIMITED WARRANTIES SET FORTH HEREIN, THE PRODUCTS (INCLUDING SOFTWARE) ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. SELLER DOES NOT WARRANT THAT THE EQUIPMENT (INCLUDING SOFTWARE AND SECURITY SOFTWARE) WILL BE UNINTERRUPTED OR ERROR FREE IN ITS OPERATION OR PREVENT THIRD PARTY HACKING OR ACCESS TO BUYER'S NETWORKS. THE FOREGOING WARRANTIES SHALL BE NULL AND VOID AS TO ANY PRODUCTS DAMAGED OR RENDERED UNUSABLE BY ONE OR MORE OF THE FOLLOWING: (1) IMPROPER OR INADEQUATE MAINTENANCE BY ANYONE OTHER THAN VYOPTA (INCLUDING ANY HARDWARE OR SOFTWARE UPDATES, (2) SOFTWARE OR INTERFACING SUPPLIED BY ANYONE OTHER THAN VYOPTA, (3) MODIFICATIONS, ALTERATIONS OR ADDITIONS TO THE VYOPTA TECHNOLOGY BY PERSONNEL NOT CERTIFIED BY VYOPTA OR VYOPTA AUTHORIZED AGENTS TO PERFORM SUCH ACTS, OR OTHER UNAUTHORIZED REPAIR, INSTALLATION OR OPENING OR OTHER CAUSES BEYOND VYOPTA'S CONTROL, (4) UNREASONABLE REFUSAL TO AGREE WITH ENGINEERING CHANGE NOTICE PROGRAMS, (5) NEGLIGENCE BY ANY PERSON OTHER THAN VYOPTA OR VYOPTA'S AUTHORIZED AGENTS, (6) MISUSE CAUSED BY CONTAINMENT AND/OR OPERATION OUTSIDE THE ENVIRONMENTAL SPECIFICATIONS FOR THE PRODUCTS, (7) ALTERATION OR CONNECTION OF THE PRODUCTS TO OTHER SYSTEMS, EQUIPMENT OR DEVICES (OTHER THAN THOSE SPECIFICALLY APPROVED BY VYOPTA) WITHOUT THE PRIOR APPROVAL OF VYOPTA, OR (8) ANY USE THAT IS INCONSISTENT WITH THE SPECIFICATIONS IN ANY DOCUMENTATION SUPPLIED BY VYOPTA OR THE MANUFACTURER. BUYER'S SOLE AND EXCLUSIVE REMEDIES AGAINST SELLER OR ITS AFFILIATES (INCLUDING THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS) FOR ANY LOSSES, COSTS OR DAMAGES CAUSED BY OR ARISING FROM ANY PRODUCTS, SOFTWARE OR SERVICE PROVIDED BY SELLER IN CONNECTION WITH THIS SALES CONTRACT WHETHER IN CONTRACT OR IN TORT (INCLUDING NEGLIGENCE OR STRICT LIABILITY), SHALL BE BUYER'S RIGHT TO RECEIVE REPAIR OR REPLACEMENT OF THE PRODUCTS OR THE SERVICES. IN ANY EVENT, SELLER'S LIABILITY TO THE BUYER SHALL BE LIMITED TO THE MONEY PAID TO SELLER BY THE BUYER UNDER THIS SALES CONTRACT. SELLER SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS AND LOSS OF DATA) SUSTAINED OR INCURRED IN CONNECTION WITH THE Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 5 of 6 Confidential and Proprietary 3006 Bee Caves Road • Suite A-2301 Austin Texas 787461(512) 891-4200 PERFORMANCE OR NONPERFORMANCE OF WORK UNDER THIS SALES CONTRACT OR THE USE OR OPERATION OF THE PRODUCTS, SOFTWARE AND SERVICES PROVIDED OR SOLD OR LICENSED UNDER THIS SALES CONTRACT, OR FOR ANY DAMAGES DUE TO CAUSES BEYOND THE REASONABLE CONTROL OF SELLER OR ATTRIBUTABLE TO ANY SERVICE, PRODUCTS, OR ACTIONS OF ANY PERSON OTHER THAN SELLER OR ITS AGENTS REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE. NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY FOR DELAYS, FAILURE IN PERFORMANCE, OR LOSS OR DAMAGE DUE TO FORCE MAJEURE CONDITIONS SUCH AS: FIRE; LIGHTENING; STRIKE; EMBARGO; EXPLOSION; POWER SURGE OR FAILURE; ACTS OF GOD; WAR; LABOR DISPUTES; CIVIL DISTURBANCES; ACTS OF CIVIL OR MILITARY AUTHORITY; INABILITY TO SECURE MATERIALS, FUEL, PRODUCTS OR TRANSPORTATION FACILITIES; ACTS OR OMISSIONS OF SUPPLIERS, OR ANY OTHER CAUSES BEYOND ITS REASONABLE CONTROL, WHETHER OR NOT SIMILAR TO THE FOREGOING. 7. Notwithstanding the foregoing, Seller shall indemnify Buyer against any claim or suit by a third party for direct damages or relief on account of injury to or death of any person or damage to tangible personal or real property caused solely by Seller's negligence or willful misconduct in the course its performance under this Sales Contract. It is a condition precedent to Seller's obligations under this Limited Warranty that: (a) Buyer is not in default of Buyer obligations under this Sales Contract; and (b) the products have not been damaged as a result of misuse, abuse, neglect, accident, improper electrical voltages or currents, or repair, alteration or maintenance by any person or party other than an authorized service facility, or any use violate of the use instructions furnished with the products. Until this Sales Contract is paid in full, Buyer also agrees to first apply all proceeds of any such warranty recoveries from the manufacturer to repair the products. 8. The Sales Contract shall be governed by the laws of the State of Texas. Any action for breach of the Sales Contract or any covenant or warranty must be commenced within one (1) year after the date the products are delivered to Buyer, or one (1) year after the date any services are performed. Proposal for Two (2) Tandberg 1700s Kerr County -Purchase per TCPN Contract R4847 Page 6 of 6 INTERLOCAL AGREEMENT Region 4 Education Service Center Contracting Parties School District or Public Entity County-District Number Region 4 Education Service Center 101 - 950 County-District Number This agreement is effective and shall be automatically renewed unless either party gives sixty (60) days prior written notice ofnon-renewal. This agreement may be terminated with or without cause by either party upon (60) days prior written notice, or may also be terminated for cause at anytime upon written notice stating the reason for and effective date of such terminations and after giving the affected party a thirty (30) day period to cure any breach. Statement of Services to be Performed: Authority for such services is granted under Government Code, Title 7, Chapter 791 Interlocal Cooperation Contracts, Subchapter B and Subchapter C, and Local Government Code, Title 8, Chapter 271, Subchapter F, Section 271.101 and Section 271.102. The purpose of this cooperative is to obtain substantial savings for member school districts and public entities through volume purchasing. Role of the Purchasing Cooperative l . Provide for the organizational and administrative structure of the program. 2. Provide staff time necessary for efficient operation of the program. 3. Receive quantity requests from entities and prepare appropriate tally of quantities. 4. Initiate and implement activities related to the bidding and vendors selection process. 5. Provide members with procedures for ordering, delivery, and billing. Role of the Member School District or Public Entity: 1. Commitment to participate in the program as indicated by an authorized signature in the appropriate space below. 2. Designate a contact person for the cooperative. 3. Commit to purchase products and services that become part of the official products and services list when it is in the best interest of the member entity. 4. Prepare purchase orders issued to the appropriate vendor from the official award list provided by the Purchasing Cooperative. Accept shipments of products ordered from vendors in accordance with standard purchasing procedures. Pay vendors in a timely manner for all goods and services received. Revised 03/09 (QP134-MEM1 Rev. 1) Authorization: Region 4 Education Service Center and The Cooperative Purchasing Network (TCPN) executed a contract to provide cooperative purchasing opportunities to school districts and public entities. Please send a signed Interlocal Agreement to Region 4 ESC, Attn: TCPN, 7145 W. Tidwell, Houston, TX 77092-2096. School District or Public Entity By pa _ t orized Signature Region 4 Education Service Center sy Authorized Signature Kerr County Judge Title June 22, 2009 Date Contact Person Title of Contact Street Address City, State Zip Contact's Telephone Number E-mail Address Deputy Director, Financial Services/CFO Title Date Jason Wickel -Director-TCPN Contact Person (713)-744-6356 Telephone Number 'wil ckel c(r)e,tcpn.org E-mail Address Revised 03/09 (QP134-MEM1 Rev. 1)