HomeMy WebLinkAboutCity of Tamarac Resolution R-2018-0241
Temp. Reso. 13076
March 1, 2018
Page 1 of 4
CITY OF TAMARAC, FLORIDA
RESOLUTION NO, R-2018-
A RESOLUTION OF THE CITY COMMISSION OF THE CITY
OF TAMARAC, FLORIDA APPROVING THE UPGRADE OF
THE WEB STREAMING SYSTEMS FROM SWAGIT
PRODUCTIONS, LLC. THE SOLE SOURCE PROVIDER OF
THE EQUIPMENT AND SERVICE; AUTHORIZING AN
EXPENDITURE FOR AN AMOUNT NOT TO EXCEED
$87,210; AUTHORIZING BUDGET AMENDMENTS FOR
PROPER ACCOUNTING PURPOSES; PROVIDING FOR
CONFLICTS; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, technology is one of the key components in the efficient delivery of
City services, and the City's web streaming systems to broadcast Commission
Workshops and Meetings is critical to ensuring transparency as well as encouraging
resident engagement; and
WHEREAS, the City's existing web streaming systems were purchased in 2012
from Swagit Productions, LLC. and now reached the end of their lifecycle; and
WHEREAS, proposed upgrade by Swagit Productions, LLC. would provide a high
definition broadcast system with three (3) cameras in the Commission Chambers, two (2)
cameras in the City Hall Conference Room 105, automatic transcription equipment to
provide live closed captioning of the meetings, encoding / decoding system and turnkey
system installation at a cost of $58,410; and
Temp. Reso. 13076
March 1, 2018
Page 2 of 4
WHEREAS, Swagit Productions would also provide the services to operate and
manage the proposed broadcast systems at a recurring annual cost of $28,800; and
WHEREAS, funds for this project is available in the Information Technology
budget; and
WHEREAS, Since the City is upgrading existing proprietary equipment provided
by Swagit Production LLC, and compatibility with the original equipment is required, it is
necessary to award this as a sole source transaction; and
WHEREAS, Purchasing and Contracts Manager determined that this purchase
meets the sole source requirements under the City Code 6-148, Paragraph B; and
WHEREAS, it is the recommendation of the Director of Information Technology
that the proposed web streaming system upgrade attached here as Exhibit 1 be
purchased from Swagit Productions, LLC. at a one-time upfront cost of $58,410 and a
recurring annual fee of $28,800 for a total initial cost of $87,210; and
WHEREAS, the City Commission of the City of Tamarac, Florida deems it to be in
the best interest of the citizens and residents of the City of Tamarac to purchase upgrade
of web streaming systems as well as the recurring annual fee for system operation from
Swagit Productions, LLC.
Temp. Reso. 13076
March 1, 2018
Page 3 of 4
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
TAMARAC, FLORIDA THAT:
SECTION 1: The foregoing "WHEREAS" clauses are hereby ratified and
confirmed as being true and correct and are hereby made a specific part of this Resolution
upon adoption hereof. All exhibits attached hereto are incorporated herein and made a
specific part hereof.
SECTION 2: The appropriate City Officials are hereby authorized to purchase
upgrade of web streaming systems as well as the recurring annual fee for system
operation from Swagit Productions, LLC, the sole source provider for the equipment and
service for an amount not to exceed $87,210.
SECTION 3: Funding is available for purchase upgrade of web streaming systems
as well as the recurring annual fee for system operation from Swagit Productions, LLC,
for an amount not to exceed $87,210
SECTION 4: All resolutions or parts of resolutions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 5: If any clause, section, other part or application of this Resolution is
held by any court of competent jurisdiction to be unconstitutional or invalid, in part or
F
Temp. Reso. 13076
March 1, 2018
Page 4 of 4
application, it shall not affect the validity of the remaining portions or applications of this
Resolution.
SECTION 6: This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this
ATTEST:
PATRICIA Tff UF' L, CMC
CITY CLERK
I HEREBY CERTIFY THAT I HAVE
APPROVED THIS RESOLUTION
AS TO FORM
SA1MUEL S. GORP,
CITY ATTORNEY
J �/ day of 2018.
HARRY bRESSLER, MAYOR
RECORD OF COMMISSION VOTE:
MAYOR DRESSLER G -�
DIST 1: COMM. BOLTON r.-7
DIST 2: VIM GOMEZAF
DIST 3: COMM. FISHMAN
DIST 4: COMM. PLACKO
L
■
((C:3))
swagit
always connected
Swagit Productions, LLC
12801 N. Central Expressway, Suite 900
Dallas, TX 75243
February 15, 2018
ATTN: Levent Sucuoglu
Director of Information Technology
City of Tamarac
O: 954 597 3900
levent.sucuoglu@tamarac.org
Mr. Sucuoglu,
Swagit Productions, LLC, would first like to thank you for your time and the opportunity to service the City of
Tamarac.
Below is a list of just some of the unique advantages of our EASE' solution.
■ Completely hands -free recording, uploading
and archiving
■ Indexing and time -stamping
■ 24/7 Support and Customer Service
■ An open API, which allows for seamless
integration with any agenda management
software
■ No training needed
■ Unlimited storage
■ 98.99% uptime
■ Latest software upgrades, no upgrade fees
Below is a list of just some of the unique advantages of our Avior— solution.
■ Ability for internal staff to operate locally
■ Optional complete hands -free operation with
remote switching capabilities
• No training needed on production outsourced
to Swagit
Sincerely,
David Alex Owusu
Director of Streaming Media
Swagit Productions, LLC
(P) 214.432.5905
david@swagit.com
■ 2-4+ robotic cameras, available in SD or HD
■ Detailed direct camera positioning (pan, tilt,
zoom, focus, etc.)
■ Pro Video Switcher that utilizes the 'wipe'
function from the camera control GUI
EXECUTIVE SUMMARY —
Company History and Information
Swagit Productions, LLC is a privately held company headquartered in Dallas, Texas. Founded in 2003,
Swagit is a progressive company that is pioneering the broadband multimedia communication service
industry by providing clients a hands -free approach to always being connected to end -users'
information needs. In combining Swagit's EASETM' and Avior'" solutions, clients are offered the most
comprehensive hands -free experience possible.
Swagit specializes in providing streaming media solutions to cities,
counties, states and school districts. Furthermore, Swagit is a complete
video production entity: including services such as post -production,
studio and recording booth sessions.
Swagit began with a mission to supply clients an affordable solution to
stream their own content in an overpriced, complicated, hands-on video
industry. What began as a company that specialized in turnaround
streams for cities, counties, states and school districts, Swagit has grown
significantly and provides an open API which allows for integrations with
all Agenda/Document Management Solutions. This lets our clients
choose the 'best of breed' Agenda Management Solution for their unique
needs.
With Swagit's EASE'" streaming video solution, clients are able to stream their public content live and
on -demand through the jurisdiction's website. HTML5 compatibility makes getting to the content even
easier and more convenient as viewers are able to access all of the video content via their computer,
smart phone or tablet. Archived meetings are indexed and broken up into clips per each agenda item for
a greater end -user experience.
Avior'" is Swagit's broadcast solution comprising two to four cameras and pro -video switching
equipment that allows either Swagit engineers to control the cameras remotely or on -site camera
control by government staff. It is the Avior'" solution combined with EASE'" that allows for clients to be
able to outsource all of the production and video streaming/indexing to Swagit Productions, LLC for a
completely end -to -end, hands -free solution.
The Swagit network stretches across North America guaranteeing that you and your constituents are
always connected. Our network insures fast connect times from the closest point -of -presence (POP) to
an end -user's location. In addition, Swagit's network is fully redundant giving clients the peace of mind
of redundancy and keeping with the Swagit motto of "Always Connected."
POINTS OF DIFFERENCE
• Swagit's EASE'" solution is a completely hands -free and requires no staff time or resources
• Sound Search allows residents to search for the spoken word in a meeting which is synced to video
• Swagit's open API allows integrations with any major agenda management solution
• Swagit is the only government streaming provider that has developed its own content delivery network, ensuring
quick and reliable connections for your constituents
• Unlimited storage for Specialty content and Meetings
• Swagit's unique hands -free solutions typically qualify as a sole sourced purchase, allowing for quick deployments
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Swagit Productions, LLC • 2018 • Copyright 2018
OVERVIEW OF PROPOSED SOLUTION
EASE'"
Swagit's Extensible Automated Streaming Engine (EASE'") solution meets all current
and future needs for government without creating any additional work for staff. EASE'"
is a hands -free tool that eliminates the need for client staff members to spend time on
indexing, editing or time -stamping video content. Each EASE'" package includes on -
demand archiving, a 24/7 live stream via internet and PEG, streaming to mobile devices
(ex: iPad & iPhone) and up to 120 hours of additional generic specialty content each
year. Client also has the ability to upload media via FTP as an option if live streaming is
not applicable.
Swagit's EASE'" encoders offer broadcasters and other administrators the ability to
stream live events to cable television providers (i.e. AT&T U-verse(l), over the Internet
through a high-speed connection, or to mobile devices such as iPhones, iPads or
Androids. Furthermore, the unit can record and archive all media for on -demand
viewing as well.
EASE" HD/SDI Premium
Swagit's EASE'" HD/SDI Premium Captioning Encoder is a high definition and/or
Captioning Encoder with
standard definition (HD -SDI) encoding unit for video plus captioning. The package
includes:
SDI CC Encoding Unit
• Software installation, system burn -In, rack rails
• Software licenses (Flash Media, HTML5, Microsoft OS)
• Web -based multi -encoder management and closed captioning support
• Web Based caption GUI
• EASE'" HD -SDI Remote Video Indexing Kit (includes Scheduler)
• HD/SD Encoding/Transcoding Software - server or cloud deployable
encoding/transcoding software
• HD/SD Baseband or IP Encode/Transcode single -channel license (enables
encoding/transcoding of 1 HD/SD channel)
• Branded video library, media player and Sound Search'" integration (included
at no cost)
• Internal Stream Reflection for up to 150 internal users
• Remote network installation
• Remote closed caption design, configuration and testing
• SDI CC Encoding Unit (to provide audio captions over IP, for real-time
captioning service)
Sound Search"
Sound Search" is a new product which improves the search for specific content. A
positive search hit will take the viewer to the exact location within a meeting that the
word or phrase was spoken.
Social Media eXstream Social Media eXstream connects your meetings and events with live social platforms
such as Facebook Live and YouTube Live. Instantly stream live your jurisdiction's local
events to followers and engage with viewers in real time with Swagit's Social Media
eXstream Package.
Closed Captioning Live Automated Transcribing is intelligent assisted real-time speech -to -text
automation for captioning. Swagit's Caption Sync service works in conjunction with
Live Automated Captioning; Swagit cleans up existing transcripts and synchronizes
them with meeting video for on -demand viewing.
GoMobile Production Multi -camera recording for an event up to 4 hours in length (i.e. 6pm-10pm). Live
streaming is an option with sufficient internet speed and outbound access.
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Swagit Productions, LLC • 2018 • Copyright 2018
EASE TM -
Video Capture, Encoding, and Streaming
The Extensible Automated Streaming Engine (EASET") is a software framework comprised of
foundation and extension modules that work together to automate many otherwise manually
intensive tasks. This completely hands -off solution meets the current and future needs of your entity
without creating any additional work for the city's clerks or webmasters.
■ Video Capture and Encoding
EASETM Encoder records content according to your broadcast schedule and transfer the
recorded audio/video to the Swagit Content Network via a secure Virtual Private Network
(VPN) connection, making it available for live and/or on -demand streaming.
■ Standard Definition or High Definition Available
Swagit utilizes higher resolutions for Standard Definition encoding ensuring better video
quality for our clients. Swagit also offers High Definition for the best resolution possible and
has been offering this since 2013.
Indexing and Cross Linking
Using your published meeting agendas as a guide, Swagit's Managed Service Division (SMSD)
index's the meetings without any work from the city. SMSD will annotate your content by
adding jump -to points with specific item headings, giving users the greatest flexibility to find
the specific content they need. With these jump -to points, users can step through video by
searching for or clicking specific items.
■ Agenda Management Integration
If meeting packets or other related information is available online, SMSD will link them
directly to the video player for easy access.
Swagit's EASE TM
solution integrates with all major Document/Agenda Management solutions.
Archiving
Client audio/video can be stored securely on the Swagit Content Network indefinitely. Fault
tolerance and high availability is assured through replication of audio/video content to
multiple, geographically redundant, Storage Area Networks (SAN).
■ Presentation
By navigating through the video library, users can view a list of meetings chronologically and
once in a selected meeting you can unleash the power of the jump -to markers to search for
specific points within individual audio/video clips.
Delivery
In order to deliver on -demand content to end users in a format that is native to their
computers operating system, Swagit can deliver content in all major streaming video
formats: Flash, Windows Media, QuickTime and Real. Swagit is proud to support Flash as its
default format, which has proven itself as the format of choice from such vendors as
YouTube, Google Video, ABC and NBC/Universal. Swagit also streams in HTMLS providing
content to mobile devices including the iPhone, iPad and Android devices.
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Swagit Productions, LLC • 2018 • Copyright 2018
EASETM
(continued)
Swagit also streams in HTML5 providing content to mobile devices such as the iPhone, iPad, and
others.
Monitoring
Swagit is monitoring all aspects of the
Swagit Content Network to ensure its
health and availability. This monitoring
extends to cover remote Swagit EASE'"
Encoders deployed on client premises. In
the rare event of trouble our engineers are
promptly notified so that they may
dispatch a swift response in accordance
with our support procedures.
■ Statistics
Swagit collates log files from our streaming
servers monthly and processes them with
the industry recognized Google Analytics.
Google Analytics generates reports ranging
from high-level, executive overviews to in
depth quality of service statistics. These
reports help to highlight growth trends and
identify popular content.
Support
Beyond our proactive monitoring and response, Swagit offers ongoing, 24/7 technical support
for any issues our clients may encounter. While our choice of quality hardware vendors and a
thorough pre -installation testing phase go a long way toward ensuring trouble free operation
of our EASE'" Encoders, we do recognize that occasionally unforeseen issues arise. In the
event that our engineers detect a fault, they will work to diagnose the issue. If necessary,
next business day replacement of parts will be completed. Swagit offers continual software
updates and feature enhancements to our services and products for the life of your managed
services contract.
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Swagit Productions, LLC • 2018 • Copyright 2018
SOUND SEARCHTM —
On -Demand Streaming Video Search Enhancement
Sound Search- is a new product which improves the search for specific content. A positive search
hit will take the viewer to the exact location within a meeting that the word or phrase was spoken.
Results show individual time(s) during the meeting a keyword is verbally spoken and provides a direct
jump -to link.
When a search result is chosen, the audio/video clip will begin playing several seconds prior to the
search result in order to give greater context to the result.
Nauslon TrSrrlslan
water Q
g
Item Date
City Council
Apr 19, 2016
Matters Held
0 31 sec. 0 1 13 sec. 0 114 sec 0
15» sec.
City Council
Apr 06. 2016
Hearings
0 55 sec. 0 89 sec.
City Council
Apr 06.2016
Reading of the Consent Agenda
0 t3 Sec. 0 1C2 sec. 0 I Ti` sec. 0
143 sec. 0 131 sec. 0 195 sec.
City Council
Jun 01, 2016
Reading of the Consent Agenda
0 651 sec. 0 693 sec. 0 u 78 sec. 0 913 sec. 0 969 sec. 0 1 013 sec.
0 ior, see.0 1nti sec. 0 11 9 seC.0 1171 sec. 0 1224 sec.0
t 29D sec.
City Council
Apr 26, 2016
Reading of the Consent Agenda
0 5106 sec. 0 610 sec. 0 626 sec. 0 937 Sec. 0 953 sec. 0 967 sec.
0 966 sec. 0 1 C0a sec.
City Council
Apr 19, 2016
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Swagit Productions, LLC • 2018 • Copyright 2018
SOCIAL MEDIA EXSTREAM —
Social Live Video Streaming
Instantly stream live your jurisdiction's local events to followers and engage with viewers in real time
with Swagit's Social Media eXstream Package. Live streaming is the future growth of social media and
has become a part of culture that government can easily use to reach more residents online. Users can
watch live broadcasts, whether on3 PC or mobile device, in a matter of seconds. Social Media eXstream
connects your meetings and events with live social platforms such as Facebook Live and YouTube Live.
Live Webcast Streaming to Social Media Networks
• Affordable and Simple
■ Gives Residents Additional Accessibility to Your Meetings and Events
Grow Your Audience
Expand Your Reach
Streaming to social media live platforms, such as Facebook Live, will instantly expand your audience and
increase distribution channels. Facebook will engage your viewers by sending an alert to your followers
notifying them before the stream begins. Residents can then easily connect, interact and follow your
event in real time.
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Swdgit Productions, uL • LVla - wNynym wio
Avior --
Remote Capable Camera System
Built upon years of industry experience, AviorT" is a
complete package of cameras and pro video -switching
equipment that enables any client to fully outsource the
production and operation of a multiple camera broadcast
system to Swagit.
During the meetings or events, Swagit personnel will
operate the AviorT" system remotely from their facility in
Dallas, Texas. The AviorT" system enables Swagit to control
and switch from camera to camera depending on events
taking place. When bundled with Swagit EASE TM, AviorTM can
offer a full end -to -end "hands -free" solution that requires
no client staff involvement for the operation, broadcast and
streaming of an event or meeting content.
AviorT" enables detailed direct camera positioning (pan, tilt,
zoom, focus, and more), preset -positions, and video settings
(white balance, backlight, brightness) for the robotic cameras. Additionally, AviorT"' communicates
with the switcher to allow direct operation of the 'wipe' function from the camera control GUI. With
this powerful package you or Swagit can control all your cameras individually and switch video
sources on a video switcher locally or remotely. AviorT"" is an invaluable integration of camera -control
with switcher operations for use with live production setups like city chambers, churches, meeting
rooms, and more.
AviorTM includes 2-4+ robotic (computer -controllable pan/tilt/zoom) cameras and you can choose from
two main types: either single -chip (Sony EVI-D90) or 3-chip (Sony BRC-300) depending on your needs
and budget. These popular Sony robotic cameras have excellent video quality and performance. The
EVI-D90 and BRC-300 has the ability for panning through wide angles of motion, tilting through large
ranges with superb optical zoom, and dual video output of Y/C and composite. They also support both
RS232 and RS422 (long distance over 1000 meters) control signals. In addition, the EVI-D90 cameras can
be mounted either'up' or'hanging upside down' for your convenience (they have built-in reversal of the
picture and left/right/up/down motion controls).
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Swagit Productions, LLC • 2018 • Copyright 2018
Avior —
Remote Capable Camera System (continued)
camera #1 camera #2
Swagit EASE Encoder
Ak
rq_
camera #3 PowerPoint/
Rs-232 or Rs-422ldata can be
sent via cati; 6 straight thru
Audio/Video reeds and/or
cabling
outband bandwidth allocated
for live and on -demand
Connection to host PC over
TO from remote PC to control
cameras remotely
Quad split feed for remote
control view 1SOkbps
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Swagit Productions, LLC • 2018 • Copyright 2018
Presentations
PC be on the net
with known IP#f
and access via TCP/IP
Socket #2001
CAPTIONING SERVICES —
Streaming Video Enhancement
Live Automated Transcribing
With additional encoding and/or decoding hardware, Swagit can provide real-time captions for
live programming and sync those captions for on -demand usage after the event has come to its
completion. Live captioning can be distributed to both TV and the Web simultaneously. Swagit's
Live Automated Transcribing is intelligent assisted real-time speech -to -text automation for
captioning.
Caption Sync
Swagit's Caption Sync service works in conjunction with Live Automated Transcribing; Swagit
cleans up existing transcripts and synchronizes them with meeting video for on -demand
viewing.
Turnaround times for transcript syncing depends on the duration of your files. However, most
content will be aligned within 4 business days.
NOTE— Captioning rates are in full hours only, and are based on total length of meeting or event, which
includes breaks, closed sessions, and other non -captioned events during that length of time.
WARRANTIES, TRAINING and SUPPORT
Swagit offers onsite installation, configuration, and training.
Swagit's EASE'"" encoder has a full 3-year warranty; cameras and other broadcast equipment have a
limited 1-year warranty.
Beyond our proactive monitoring and response, Swagit provides ongoing, 24/7 technical support for any
issues our clients may encounter. While our choice of quality hardware vendors and a thorough pre -
installation testing phase go a long way toward ensuring trouble free operation of our EASE'" Encoders,
we do recognize that occasionally unforeseen issues arise. In the event that our engineers detect a fault,
they will work to diagnose the issue. If necessary, next business day replacement of parts will be
completed. Swagit offers continual software updates and feature enhancements to our services and
products for the life of your managed services contract.
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Swagit Productions, LLC • 2018 • Copyright 2018
PROJECT UNDERSTANDING
Swagit Productions will be the sole vendor and will not be utilizing any subcontractors if awarded this
project. Below will be the key members of the deployment team:
David Owusu, Co-Founder/Director of Streaming Media
david(@swagit.com
Responsibilities: Main contact for purposes of clarifications and/or questions about the RFP
response. He will always be the City's primary contact for all non -technical questions.
Time devoted to the project: 15%
Bryan Halley, Co-Founder/Director of Video Technology and Affairs
bhalley swagit.com
Responsibilities: Will be our legal representative and authorized negotiator for any contract
between the County and Swagit per this project.
Time devoted to the project: 5%
Daniel Kerr, Chief Technology Officer
Responsibilities: Daniel oversees all deployments as well final CLA and Testing before a project
goes live.
Time devoted to the project: 10%
Jim Cunningham, Project Manager and Engineer
Responsibilities: Jim will be the day to day deployment contact and will manage the project if
awarded to Swagit.
Time devoted to the project: 30%
Swagit Deployment Team
Time devoted to the project: 30%
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swooit ProoUCtlonS, LU. • ZU16 - wPynyni I-
VIDEO STREAMING — Implementation & Training
Once Swagit receives two signed original agreements, Swagit will send you a welcome packet. In the
welcome packet, your staff will find the items required of the city (basic information such as meeting
schedule, contact info, IP information, and graphics of video library/video player).
From the time Swagit receives your signed agreement, there is a 2- to 4-week lead-time for Swagit to
pre -configure your encoder and ship the encoder to you for installation
Phase 1- Hardware Provisioning/Development
• Hardware ordered (out of stock items may impact delivery)
• Hardware assembled by Swagit engineers
• Operating system installed and configured per installation
• Swagit EASE'" Encoder software installed
• System burn -in testing conducted under fail -test load
• Hardware sign -off by Swagit
• Welcome packet information (meeting schedule, IP info, etc.) received
Phase 2 — Web Element Design
• Any necessary revisions to the current video library and player, designed by Swagit in
consultation with Client
If needed, updated linking instructions provided to webmaster/IT
Design sign -off by jurisdiction
Phase 3 — Deployment/Implementation
• Assembled hardware shipped
• Remote configuration and testing of audio/video feed quality by Swagit engineers
• Confirmation of correct video library linking and integration with client's website
• Installation sign off by Swagit
Phase 4 - Acceptance Testing
• Dry run of meeting capture, indexing and encoding process using next available meeting
rebroadcast, alternate content or live meeting
• Final signoff by client and fulfillment of purchase order
Deliverables
• Installation checklist
• Configured, tested and installed Swagit EASE'" Encoder
• Secure FTP account for pre -edited digital content
• Monthly usage statistics
If needed, Swagit will provide remote or on -site training to teach staff members how to include links to
attachments. No additional training is necessary; Swagit's service is hands -free.
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Swagit Productions, LLC • 2018 • Copyright 2018
REFERENCES
City of Austin, Texas
301 W. 2nd., Austin TX 78701
Live stream and meeting video archives on demand at http•//www.oustintexas.aov/page/atxn-video-archive
Solutions include EASE—, indexed meetings, PEG App, Sound Search, live and on -demand captions
Keith Reeves, ATXN Station Manager
512-974-7952
Keith.Reeves@austintexas.gov
City of Miami Beach, Florida
1700 Convention Center Dr., Miami Beach FL 33139
Live stream and meeting video archives on demand at http://web.miamibeachfi.gov/mbtv77/
Solutions include EASE'", indexed meetings
Deeana Johnson, Media Specialist
305-673-7575 ext. 4722
DeeanaJohnson(@miamibeachfl.gov
Sandoval County, New Mexico
711 Camino Del Pueblo, Bernalillo NM 87004
Live stream, and meeting video archives on demand at http//www sandovalcountynm aov/commission/sondoval-county-
meeting-videos/
Solutions include EASE'", on -demand closed caption services
Terri Paul-Seaborn, Director of Information Technology
505-867-7626
ipaul-seabornc@sa ndovalcountynm.soy
Brea, California
1 Civic Center Circle, Brea CA 92821
Live stream and meeting video archives on demand at http://www.ci.brea.ca us/812/Government-Access-Channel
Solutions include EASE'" HD and agenda management
Cliff Flaugher, IT Manager
714-671-4490
clifff@)cityofbrea.net
City of Elliot Lake, Ontario
45 Hillside Drive North, Elliot Lake ON P5A 1X5
Live stream and meeting video archives on demand at http,llwww.cityoLelliotlake.com/enZcLtyho/Vcounci/Webcasts.asp
Solutions include EASE'", indexed meetings, closed caption services
Deeana Johnson, Media Specialist
305-673-7575 ext. 4722
Deeanalohnson@m iamibeachfl.gov
ATTACHMENTS
• Sole Source Letter for Consideration Upon Request
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Swagit Productions, LLC • 2018 • Copyright 2o16
Up Front Cost
Remote Capable Broadcast System, Encoder, Streaming, Indexing, Video
Archiving, Closed Captions plus Social Media Streaming Support
AviorT" HD and EASE'"" Encoder with caption support
Price and hardware model are subject to change after 60 days without prior notice.
Yearly Service Package —
EASE T" and AviorT" Hands -Free Services, Live Streaming, Automated Real Time
Captions, Sound Search and Social Media eXtreme
DescriptionService
Month
Quantity..
,
EASE'" Hands -Free Service — 25
$ 500.00
12
$ 6,000.00
Up to 25 indexed meetings per year
24/7 Live Stream
$ 125.00
12
$ 1,500.00
Avior'" Hands -Free Production — 25
$ 500.00
12
$ 6,000.00
Up to 25 remotely switched meetings per year
Caption Express: Automated Transcribing
$1,150.00
12
$ 13,800.00
Social Media eXtreme: Social media live
streaming (i.e. Facebook and/or You Tube Live
$ 125.00
12
$ 1,500.00
Support)
Sound Search'" (Included with HD Upgrade) $ 0.00
12
$ 0.00
TOTALPERYEAR
$ 28,800.00
Yearly rates will not change during the life of the contract, as well as for the duration of contract renewals.
(OPTIONAL) Services/Upgrades — individual Pricing
Additional EASE— Hands -Free Indexed Meetings
Cost
$ 150.00/meeting
Additional Avior'" Hands -Free Remote Switched Meetings
$ 175.00/meeting
PEG PSAs (Includes up to 120 Custom PSAs per year with voice-overs)
$195.00 / month
AT&T U-verse Setup and Activation Fee
$ 495.00
Swagit GoMobile Production: Production crew for off -site events, which includes live switching
(Live Streaming is an option with sufficient internet speed and outbound access.)
Call Rep for Pricing
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Swagit Productions, LLC • 2018 • Copyright 2018
AGREEMENT FOR
VIDEO STREAMING SERVICES
CITY OF TAMARAC
and
SWAGIT PRODUCTIONS, LLC
This Agreement for Video Streaming Services ("Agreement") is made by and
between the City of Tamarac, Florida ("Cit a municipal corporation with offices at 7525
NW 88th Avenue, Tamarac, Florida 33321, and Swagit Productions, LLC, ("Provider") a
Texas Limited Liability Company, with offices at 12801 North Central Expressway, Suite
900, Dallas, Texas 75243 effective as of the date written below.
RECITALS
A. The City desires to enter into this Agreement in order to obtain video streaming
services for scheduled Commission meetings as outlined in the Scope of Services
attached as Exhibit "A"; and
B. Provider has available and offers to provide the personnel necessary to provide said
services in accordance with the Scope of Services included in this Agreement (see
Exhibit A attached hereto and incorporated herein); and
C. Provider is in the business of providing video streaming services for businesses
and governmental entities, and represents and warrants that it has the skills,
qualifications, expertise and experience necessary to perform the work and
services to provide and implement video streaming services as described herein
in an efficient, cost-effective manner with a high degree of quality and
responsiveness and has performed and continues to perform the same and similar
services for other buyers; and
D. On the basis of and in reliance upon such representations by Provider and others
made herein and in Provider's proposal, the City desires to engage Provider to
provide the work and services described herein under the terms and conditions of
this Agreement.
For the reasons recited above, and in consideration of the mutual covenants
contained in this Agreement, and other valuable consideration, the receipt and sufficiency
of which is hereby acknowledged, the City and Provider agree as follows:
f00231482.1 2704-0501640) 1
SERVICES TO BE PERFORMED BY PROVIDER
Provider agrees to perform the following work and services for the City:
1.1 Provider agrees to provide the work and services as set forth in the Scope of Services.
1.2 Without limiting the foregoing provisions of Section 1.1, the services to be provided by
Provider include the installation ("Installation") by Provider of all hardware, software,
cameras, wiring, and related equipment and materials identified and described in the
Scope of Services (collectively, the "Equipment") within the City of Tamarac chambers
located at: 7525 NW 88th Avenue, Tamarac, Florida 33321 (the "Site"). Before
installing the same, Provider shall deliver to the City, for review and consideration of
approval, drawings or plans and specifications for such Installation. The City's
approval of any Installation or related plans does not and shall not constitute a
representation or warranty by the City that the Installation or related plans comply
with any specifications therefor or with any applicable governmental laws, rules,
codes, standards, or regulations.
2. COMPENSATION OF PROVIDER
2.1 Provider agrees to provide all of the services and Equipment set forth in the Scope
of Services and as described herein for the following amounts:
(a) A one-time charge not to exceed:
(i) Nine Thousand Four Hundred Thirty and No/100 Dollars
($9,430.00) for Swagit EASE hardware/software and other related
(including, without limitation, Installation) costs (as identified and
detailed on the attached Exhibit "A", page 3, "Streaming Video
Hardware"); and
(ii) Forty -Two Thousand One Hundred Ninety and No/100 Dollars
($42,190.00) for broadcast system hardware/software and other
related (including, without limitation, Installation) costs (as identified
and detailed on the attached Exhibit "A", page 5, "Avior Broadcast
System"); and
(iii) Six Thousand Seven Hundred Ninety and No/100 Dollars
($6,790.00) for closed captions hardware and other related (including,
without limitation, Installation) costs (as identified and detailed on the
attached Exhibit "A", page 3, "Captions Encoder"); and
(b) Following the Installation at the Site of all Equipment by Provider and the
acceptance thereof by the City, the City shall pay to Provider a monthly fee in
the amount of Two Thousand Four Hundred and No/100 Dollars
($2,400.00) for on -demand streaming, live video streaming, sound search,
social media eXstream, automated captions and remote switching (as
identified and described on the attached Exhibit "A", page 3, "Streaming Video
[00231482.1 2704-05016401
Monthly Managed Services")
2.2 (a) Payment for the work, services, and Equipment described in Section 2.1(a)(i),
2.1(a)(ii) and 2.1(a)(iii), above, shall be due and payable following the
completion of the Installation of the Equipment by Provider, the acceptance
thereof by the City, and the receipt by the City of an invoice from Provider for
such work, service and Equipment; provided, however that with respect to the
work, service and Equipment described in Section 2.1(a)(ii), fifty percent
(50%) of the not -to -exceed amount set forth therein (or $21,095.00) shall be
due and payable not later than Fifteen (15) days following the date Agreement
has been signed by both parties.
(b) Payment balance for the work, services, and Equipment described in Section
2.1(a)(ii) shall be due and payable following the completion of the Installation
of the Equipment by Provider and the acceptance thereof by the Director.
(c) Except as set forth herein, payments will be processed on a monthly basis,
unless annual billing has been requested, with payment available within 30
days after receipt of an invoice for the previous month's service. All payments
pursuant to this Agreement shall be made promptly and without undue delay,
and in no circumstance beyond 60 days from the due date.
(d) Should the City fail to pay any invoice that is outstanding more than 60 days,
a 5% service fee will be applied to the total amount of that invoice, not
including any shipping or sales tax.
3. RIGHTS, OBLIGATIONS AND REPRESENTATIONS OF PROVIDER
3.1 Independent Contractor. The parties agree that Provider performs specialized
services and that Provider enters into this Agreement with the City as an
independent contractor. Nothing in this Agreement shall be construed to constitute
Provider or any of Provider's agents or employees as an agent, employee or
representative of the City. Further, nothing in this Agreement is intended nor shall
be construed to create an employer -employee relationship, a joint venture
relationship, a joint enterprise, or to allow the City to exercise discretion or control
over the manner in which Provider performs the work and services, which are the
subject matter of this Agreement. As an independent contractor, Provider is solely
responsible for all labor and expenses in connection with this Agreement and for
any and all damages arising out of Provider's performance under this Agreement.
3.2 Provider's Control of Work. All services to be provided by Provider shall be
performed in accordance with the Scope of Services. Provider shall furnish the
qualified personnel, materials, equipment and other items necessary to carry out the
terms of this Agreement. Provider shall be responsible for and in full control of the
work of all such personnel. Provider warrants and represents that all Equipment and
other goods and materials provided by Provider shall be safe, fully operational, and
will not cause injury or damage to any person or property, and that all persons
provided by Provider to perform the work and services under this Agreement shall
{00231482.1 2704-05016401
be adequately trained and capable of performing the work and services.
3.3 Reports to the City. Although Provider is responsible for control and supervision of
work and services performed under this Agreement, the work and services provided
shall be acceptable to the City and shall be subject to a general right of inspection
and supervision to ensure satisfactory completion. This right of inspection and
supervision shall include, but not be limited to, all reports to be provided by Provider
to the City and the right of the City, as set forth in the Scope of Services.
3.4 Compliance with All Laws. Provider shall comply with all applicable laws, statutes,
ordinances, rules, regulations, standards, codes, and executive orders of the federal,
state and local government, which may affect the performance of this Agreement.
3.5 Organization and Authorization. Provider warrants and represents that: (i) it is a
limited liability company duly organized, validly existing and in good standing under
the laws of the State of Texas, and which shall remain in good standing throughout
the term of this Agreement; (ii) it has the requisite power and authority to carry on its
business as it is now being conducted; (iii) it has the legal capacity to enter into this
Agreement; (iv) the execution, delivery and performance of this Agreement and the
consummation of the transactions contemplated by this Agreement have been
authorized and approved by all action required on the part of Provider, (v) has the
right and authority to sell the hardware and software to the City; (vi) all hardware and
software shall be in good working order; and, (vii) all licenses and warranties
regarding the software and hardware shall be conveyed to the City.
3.6 No Conflict. Provider warrants and represents that the execution and delivery of this
Agreement and ancillary agreements hereto by Provider does and will not: (i) conflict
with, or result in any violation or breach of, any provision of Provider's charter
documents; (ii) result in any violation or breach of, or constitute a default under, or
require a consent or waiver under, any of the terms, conditions or provisions of any
license, contract or other agreement to which Provider is a party, or (iii) conflict with
or violate any franchise, license, judgment, order, statute, law, rule or regulation
applicable to Provider.
3.7 Camera and Broadcast Operations. Although Provider is responsible for control and
supervision of work and services performed under this Agreement, the City
understands that the operation of the camera and broadcast system can be done
remotely. Such remote operation requires access via inbound TCP port 2001,
outbound TCP ports 21, 80, 443, 1935, 5721, and outbound UDP ports 53, 123. The
City will need to supply the Provider with access to such TCP and UDP ports with
respect to the City's Internet connection. If, such access is not given or the City's
Internet connection fails during operations, the Provider will not be held responsible
for remote camera operations. Additionally, in the event the Provider decides to
operate such system manually, the City shall provide access to the equipment (as
identified and described in the Scope of Services, page 5, "Avior Broadcast System')
at the Site described in Section 1.2, above.
3.8 Warranty. Provider warrants that: (i) any streaming server hardware provided by
Swagit not in good working order and used under normal operating conditions, will
{00231482.1 2704-0501640) 4
be fully replaced for a period of three (3) years; (ii) thereafter, all costs of streaming
server hardware replacement due to any failure caused by the City, shall be at the
City's expense; (iii) all operating and proprietary software for any streaming server
shall be fully replaced or upgraded, at no cost to the City, for the life of the contract;
and, (iv) all hardware and software for the broadcasting equipment (as identified and
described in the Scope of Services, page 5, "Avior Broadcast System'), shall be
replaced or fixed with respect to each components manufacturer's warranties.
3.9 Provider's Service Network. Provider's content delivery network and service level
represents that: (i) it maintains full N+1 redundancy on all service critical -
infrastructure in order to protect against outages. Multiple mirror facilities provide
diverse geographic redundancy. Within each facility servers have multiple power
supplies, network interfaces and RAID protected storage. Provider is connected to
upstream bandwidth providers by multiple gigabit uplinks, transitioning to gigabit and
ten -gigabit connections to multiple "tier 1" bandwidth providers, offering route
diversity and redundancy. These bandwidth providers maintain 24/7 staffs familiar
with mitigating Denial of Service attacks, should the need arise, which they have
sufficient capacity to absorb -and -filter; (ii) Provider utilizes external, 3rd party
monitoring services to track server availability metrics. This service tracks availability
from approximately 30 international points which helps isolate regional networking
issues, in addition to any centralized failures; (iii) Content is stored on Provider's
networks and viewable to the public for a period of three years or as defined by the
managed services. All content is stored and backed -up offline indefinitely during the
service term. Content can also be stored locally on the City's network for an indefinite
period of time limited only by storage capacity, with the added benefit of cached
delivery to local users. City is consulted before they exceed any storage horizon and
may extend the window for additional years; (iv) Content is stored in widely
accessible formats and is available for export at any time. Exported data will include
multimedia content and associated documents in their native format as well as any
structured metadata in XML format. Access to exported content can be via FTP, but
in such an event the City is encouraged to provide a portable hard drive to ease the
transition of storage and bandwidth intensive content; and (v) the City may verify
compliance with these policies at any time in consultation with Provider engineers
and officers.
3.10 Content. For purposes of this Agreement, "content" is a term referring to
documents, agendas, materials, records, videos, or any other form of digital file
that may be hosted on the Provider's Service Network, and defined as a copy,
with the original "content" being in the possession of the City's official custodian
of public records.
4. NOTICE PROVISIONS
Notice. Any notice concerning this Agreement shall be in writing and (i) sent by certified or
registered mail, return receipt requested, postage prepaid, (ii) delivered personally, or (iii)
placed in the custody of Federal Express Corporation or other nationally recognized
carrier to be delivered overnight; and addresses for such notice are as follows:
{00231482.1 2704-05016401
To the City's Authorized Representative:
Levent Sucuoglu
IT Director
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
954-597-3900
To Provider:
David Owusu
Director of Streaming
Swagit Productions, LLC
12801 N. Central Expressway, Ste 900
Dallas, Texas 75243
800/573-3160
Notice shall be deemed given upon receipt by the party to whom it is sent.
5. INDEMNIFICATION
Provider (hereinafter referred to as "Indemnitor") agrees to indemnify, save and hold
harmless the City, any jurisdiction or agency issuing permits for any work under this
Agreement, and their respective directors, officers, officials, agents, employees and
volunteers (hereinafter referred to as "Indemnitee") from and against any and all liabilities,
damages, losses, or expenses (including court costs, attorney's fees, and costs of claim
processing, investigation and litigation) (hereinafter collectively referred to as "Claims")
for personal injury (including death) or property damage to the extent caused by the
negligent act, omission, negligence or misconduct of the Indemnitor, or any of
Indemnitor's directors, officers, agents, employees or volunteers. This indemnity includes
any claim or amount arising or recovered under the Workers' Compensation Law or
arising out of the failure of Provider to conform to any federal, state or local law, statute,
ordinance, rule, regulation or court decree in effect at the time services are rendered.
Provider shall be responsible for defense, and judgment costs where this indemnification
is applicable.
6. INSURANCE
Provider and its subcontractors shall procure and maintain in a company or companies
lawfully authorized to do business in Florida and until all of their obligations have been
discharged and satisfied (and including during any warranty periods under this
Agreement), insurance against claims for injury to persons or damage to property which
may arise from or in connection with the performance of the services and work hereunder
by Provider, its agents, representatives, employees or subcontractors.
The insurance requirements herein are minimum requirements for this Agreement and in
no way limit the indemnity covenants contained in this Agreement. The City in no way
warrants that the minimum limits contained herein are sufficient to protect Provider from
liabilities that may arise out of the performance of the services and work under this
Agreement by Provider, its agents, representatives, employees or subcontractors and
Provider is free to purchase additional insurance as may be determined necessary.
A. Minimum Scope and Limits of Insurance. Provider shall provide coverage at least
as broad and with limits of liability not less than those stated below.
f00231482.1 2704-0501640) 6
Commercial General Liability - Occurrence Form
(Form CG 0001, ed. 10/93 or any replacements thereof)
General Aggregate $2,000,000
Products -Completed Operations Aggregate $1,000,000
Personal & Advertising Injury $1,000,000
Each Occurrence $1,000,000
Fire Damage (Any one fire) $ 50,000
Medical Expense (Any one person) Optional
(This coverage must be amended to provide for an each -project aggregate limit of
insurance)
2. Workers' Compensation and Employer's Liabilit
Workers' Compensation Statutory
Employer's Liability: Each Accident $ 500,000
Disease -Each Employee $ 500,000
Disease -Policy Limit $ 500,000
3. Professional Liability $1,000,000
(This coverage must be maintained for at least two (2) years after the project is
completed; if coverage is written on a claims -made basis, a policy retroactive date
equivalent to the inception date of the contract (or earlier) must be maintained
during the full term of this Agreement)
B. OTHER INSURANCE REQUIREMENTS: The foregoing insurance policies shall be
endorsed to contain the following provisions:
The City of Tamarac, its officers, officials, agents, employees and
volunteers shall be named as additional insureds with respect to general
liability, including liability arising out of activities performed by, or on
behalf of, the Provider; products and completed operations of the
Provider, and automobiles owned, leased, hired or borrowed by the
Provider.
2. The Provider's insurance shall contain broad form contractual liability
coverage.
3. The City of Tamarac, its, officers, officials, agents, employees and
volunteers shall be additional named insureds to the full limits of liability
purchased by the Provider even if those limits of liability are in excess of
those required by this Agreement.
4. The Provider's insurance coverage shall be primary insurance with
respect to the City, its officers, officials, agents, and employees (and
must be endorsed to read as primary coverage regardless of the
application of other insurance) . Any insurance or self-insurance
maintained by the City, its officers, officials, agents, employees, or
{00231482.1 2704-0501640}
volunteers shall be in excess to the coverage of the Provider's insurance
and shall not contribute to it.
5. The Provider's insurance shall apply separately to each insured against
whom claim is made or suit is brought, except with respect to the limits
of the insurer's liability.
6. Coverage provided by the Provider shall not be limited to the liability
assumed under the indemnification provisions of this Agreement.
7. The policies shall contain a waiver of subrogation in favor of the City, its
officers, officials, agents, and employees.
8. All liability policies shall contain no cross liability exclusions or insured
versus insured restrictions applicable to the claims of the City of
Tamarac.
9. All insurance policies shall be endorsed to require the insurer to
immediately notify the City of Tamarac, Florida of any material change
in the insurance coverage.
10. Provider may maintain reasonable and customary deductibles, subject
to approval of the City.
11.Insurance must be purchased from insurers that are financially
acceptable to the City and licensed to do business in the State of Florida.
6.1 Notice of Cancellation. Each insurance policy required by the insurance provisions
of this Agreement shall provide the required coverage and shall not be suspended,
voided or canceled, or not renewed, except after sixty (60) days prior written notice
has been given to the City, except when cancellation is for non-payment of premium,
then at least ten (10) days prior notice shall be given to the City. Such notice shall
be sent directly to:
Levent Sucuoglu
IT Director
City of Tamarac
7525 NW 88th Avenue
Tamarac, FL 33321
6.2 Acceptability of Insurers. Insurance shall be placed with insurers duly licensed or
authorized to do business in the State of Florida and with an "A.M. Best" rating of
not less than A- VII, or receiving prior approval by the City. The City in no way
warrants that the above -required minimum insurer rating is sufficient to protect
Provider from potential insurer insolvency. All insurance must be written on forms
filed with and approved by the Florida Department of Insurance.
{00231482.1 2704-05016401 8
6.3 Verification of Coverage. Prior to commencing work or services, Provider shall
furnish the City with certificates of insurance (ACORD form or equivalent approved
by the City) as required by this Agreement (and update the same as needed to
comply with this Agreement). The certificates for each insurance policy shall be
signed by a person authorized by that insurer to bind coverage on its behalf.
Certificates of Insurance shall:
List each insurance coverage described and required herein. Such
certificates will also include a copy of the endorsements necessary to meet
the requirements and instructions contained herein.
2. Specifically set forth the notice -of -cancellation or termination provisions to
the City of Tamarac.
All certificates and any required endorsements shall be received and approved by
the City before work commences. Each insurance policy required by this Agreement
shall be in effect at or prior to commencement of work under this Agreement and remain
in effect for the duration of this Agreement. Failure to maintain the insurance policies
as required by this Agreement or to provide evidence of renewal shall constitute a
material breach of contract.
All certificates required by this Agreement shall be sent directly to Levent Sucuoglu,
IT Director, City of Tamarac, 7525 NW 88th Avenue, Tamarac, FL 33321. The City
reserves the right to request and receive within ten (10) days of the request, complete
copies of all insurance policies (certified to be true and correct by the insurance carrier)
required by this Agreement at any time. The City shall not be obligated, however, to
review same or to advise Provider of any deficiencies in such policies and
endorsements, and such receipt shall not relieve Provider from, or be deemed a waiver
of the City's right to insist on, strict fulfillment of Provider's obligations under this
Agreement.
6.4 Subcontractors. Providers' certificate(s) shall include all subcontractors as additional
insureds under its policies or Provider shall furnish to the City separate certificates
and endorsements for each subcontractor. All coverages for subcontractors shall
be subject to the minimum requirements and all provisions identified above.
6.5 Approval. Any modification or variation from the insurance requirements in this
Agreement shall be made by the City's risk manager, whose decision shall be final.
Such action shall not require a formal amendment to this Agreement, but may be
made by administrative action.
7. DEFAULT AND TERMINATION
Events of Default Defined. The following shall be Events of Default under this Agreement:
7.1.1 Any material misrepresentation made by Provider to the City;
(00231482.1 2704-0501CD401 J
7.1.2 Any failure by Provider to perform its obligations under this Agreement
including, but not limited to, the following:
7.1.2.1 Failure to commence work at the time(s) specified in this Agreement
due to a reason or circumstance within Provider's reasonable control;
7.1.2.2 Failure to perform the work with sufficient personnel and equipment
or with sufficient equipment to ensure completion of the work within
the specified time due to a reason or circumstance within Provider's
reasonable control;
7.1.2.3 Failure to perform the work in a manner reasonably satisfactory to
the City;
7.1.2.4 Failure to promptly correct or re -perform within a reasonable time
work that was rejected by the City as unsatisfactory or erroneous;
7.1.2.5 Discontinuance of the work for reasons not beyond Provider's
reasonable control;
7.1.2.6 Failure to comply with a material term of this Agreement, including,
but not limited to, the provision of insurance; and
7.1.2.7 Any other acts specifically stated in this Agreement as constituting a
default or a breach of this Agreement.
7.2 Remedies. The following shall be remedies under this agreement.
7.2.1 Upon the occurrence of any Event of Default, the City may declare Provider
in default under this Agreement. The City shall provide written notification of
the Event of Default and any intention of the City to terminate this Agreement.
Upon the giving of notice, the City may invoke any or all of the following
remedies in addition to any and all other remedies available pursuant to
applicable law:
7.2.1.1 The right to cancel this Agreement as to any or all of the services yet
to be performed;
7.2.1.2 The right of specific performance, an injunction or any other
appropriate equitable remedy;
7.2.1.3 The right to monetary damages;
7.2.1.4 The right to withhold all or any part of Provider's compensation under
this Agreement;
7.2.1.5 The right to deem Provider non -responsive in future contracts to be
awarded by the City; and
t00231482.1 2704-05016401 10
7.2.1.6 The right to seek recoupment of public funds spent for impermissible
purposes.
7.2.2 The City may elect not to declare an Event of Default or default under this
Agreement or to terminate this Agreement upon the occurrence of an Event
of Default. The parties acknowledge that this provision is solely for the benefit
of the City, and that if the City allows Provider to continue to provide the
Services despite the occurrence of one or more Events of Default, Provider
shall in no way be relieved of any of its responsibilities or obligations under
this Agreement, nor shall the City be deemed to waive or relinquish any of its
rights under this Agreement.
7.3 Right to Offset. Any excess costs incurred by the City in the event of termination of
this Agreement for default, or in the event the City exercises any of the remedies
available to it under this Agreement, may be offset by use of any payment due for
services completed before termination of this Agreement for default or the exercise
of any remedies. If the offset amount is insufficient to cover excess costs, Provider
shall be liable for and shall remit promptly to the City the balance upon written
demand from the City.
8. GENERAL PROVISIONS
8.1 Headings. The section and subsection headings contained herein are for
convenience only and shall not be used in interpretation of this Agreement and are
not intended to define or limit the scope of any provision of this Agreement.
8.2 Governing Law and Venue. This Agreement shall be governed by and administered
and interpreted under the laws of the State of Florida, without regard to any conflict
of laws provisions. Venue for any action, cause or action or proceeding under this
Agreement lies in Broward County, Florida.
8.3 Severability. The sections, paragraphs, sentences, phrases, words, and all other
provisions of this Agreement are severable, and if any part of this Agreement is
determined by a court of competent jurisdiction to be illegal, unlawful,
unconstitutional, or void for any reason, the parties intend that the remaining
provisions of this Agreement shall remain in full force and effect unless the stricken
provision leaves the remaining Agreement unenforceable.
8.4 Attorney's Fees. If suit or action is initiated in connection with any controversy arising
out of this Agreement, the prevailing party shall be entitled to recover in addition to
costs such sum as the court may adjudge reasonable as attorney fees, or in event of
appeal as allowed by the appellate court.
8.5 Assignment. This Agreement is binding on the heirs, successors and assigns of the
parties hereto. This Agreement may not be sold, assigned, pledged, subcontracted,
transferred or otherwise conveyed by any means whatsoever by either the City or
Provider without prior written consent of the other, and any sale, assignment, pledge,
{00231482.1 2704-05016401 11
subcontract, transfer or other conveyance by either party without the other party's
prior written consent shall be null and void.
8.6 Conflict of Interest. Provider covenants that Provider presently has no interest and
shall not acquire any interest, direct or indirect, that would conflict in any manner or
degree with the performance of the work and services required to be performed
under this Agreement. Provider further covenants that in the performance of this
Agreement, Provider shall not engage any employee or apprentice having any such
interest.
8.7 Authority to Contract. The undersigned officers and/or representatives of the
parties hereto are the properly authorized persons and have the necessary
authority to execute this Agreement on behalf of the parties hereto, and each party
hereby certifies to the other that it has taken all actions necessary to authorize
entering into this Agreement.
8.8 Integration; Modification. This Agreement represents the entire understanding of City
and Provider as to those matters contained in this Agreement, and no prior oral or
written understanding shall be of any force or effect with respect to those matters.
This Agreement may not be modified or altered except in writing signed by duly
authorized representatives of the parties.
8.9 Non -appropriation. If the City Commission does not appropriate funds to continue
this Contract and pay for charges hereunder, the City may terminate this
Agreement at the end of the then current fiscal year, or at the time that funds are
no longer available to meet the City's payment obligations hereunder. The City
agrees to give written notice of termination to the Provider at least sixty (60) days
prior to any termination for non -appropriation of funds and will pay the Provider in
accordance with this Agreement through the date of termination of this Agreement.
8.10 Subcontractors. This Agreement or any portion hereof shall not be sub -contracted
without the prior approval of the City. No subcontractor shall, under any
circumstances, relieve Provider of its liability and obligation under this Agreement.
The City shall deal through Provider and any subcontractor shall be dealt with as
a worker and representative of Provider. Provider assumes responsibility to the
City for the proper performance of the work and service of all subcontractors and
any acts and omissions in connection with such performance. Nothing in this
Agreement shall, or is intended or deemed to, create any legal, contractual or other
relationship between the City and any subcontractor.
8.11 No Waiver. The failure by the City to exercise any right, power, or option given to
it by this Agreement, or to insist upon strict compliance with the terms of this
Agreement, shall not constitute a waiver of the terms and conditions of this
Agreement for any reason whatsoever, including with respect to any such right,
power or option or to such compliance or to any other or subsequent default or
breach hereof, nor a waiver by the City of its rights at any time to exercise any
such right, power or option or to require exact and strict compliance with all the
terms hereof. Any rights and remedies the City may have arising out of this
f00231482.1 2704-0501640) 12
Agreement shall survive the cancellation, expiration or termination of this
Agreement.
8.12 No Third Party Beneficiaries. This Agreement and all of its provisions are solely
for the benefit of Provider and the City and are not intended to and shall not create
or grant any rights, contractual or otherwise, to any third person or entity.
8.13 "Includes". For purposes of this Agreement, "includes" and "including" are terms
of enlargement and not of limitation or exclusive enumeration, and use of the terms
does not create a presumption that components not expressed are excluded.
8.14 Incorporation of Recitals and Exhibits. The Exhibits and Recitals to this Agreement
are incorporated herein and made a part hereof for all purposes.
9. DISCLOSURE OF AGREEMENT; INTERLOCAL ARRANGEMENTS.
9.1 Disclosure of Agreement Terms. The terms and conditions of this Agreement may
be disclosed by either party to other public agencies for the purpose of such other
agencies purchasing services under this Agreement pursuant to an interlocal or
cooperative arrangement with the City. In addition, Provider may disclose the
terms and conditions of this Agreement in an effort to show that the terms offered
to another public agency are fair and reasonable or to determine the best value. It
is understood that the Provider shall not be precluded from disclosing the terms
and conditions of its form of Service Agreement to any other third party at
Provider's sole discretion and for any reason.
9.2 Included Parties; Interlocal Agreement. Pursuant to any interlocal,
intergovernmental, or other such cooperative agreement with the City, Provider will
accept orders from, and will furnish the Provider's Software, Hardware,
Professional Services, and Managed Services as outlined in the Proposal to any
governmental agency or other public entity authorized by the City to use the
Proposal, based upon substantially the same terms and conditions of this
Agreement, with the exception of price schedules.
9.3 Political Subdivision Participation. The Provider agrees to supply, sell, and
contract separately with other similar or related political subdivisions (i.e., colleges,
school districts, counties, cities, etc.) of the City, based upon substantially the
same terms and conditions of this Agreement, with the exception of price
schedules, in an effort to establish the terms and conditions as fair and reasonable.
10. DURATION
This Agreement shall become effective on the last day of execution by the parties, and shall
continue in force for an initial term of twelve (12) months, unless sooner terminated as
provided above. All pricing is to remain firm during the contract period. This Agreement
will automatically renew for additional one-year terms unless this Agreement is terminated
f00231482.1 2704-05016401 13
by either party providing written notice of its intent to terminate the Agreement to the other
party not less than sixty (60) days prior to the end of the then current term.
11. SURVIVAL OF COVENANTS
Any of the representations, warranties, covenants, and obligations of the parties, as well
as any rights and benefits of the parties, pertaining to a period of time following the
termination of this Agreement shall survive termination.
12. COUNTERPARTS
This Agreement may be executed in counterparts. Each of the counterparts shall be
deemed an original instrument, but all of the counterparts shall constitute one and the same
instrument.
13. PUBLIC RECORDS
The City of Tamarac is a public agency subject to Chapter 119, Florida Statutes.
Provider shall comply with Florida's Public Records Law. Specifically, Provider shall:
13.1 Keep and maintain public records required by the City to perform the service;
13.2 Upon request form the City's custodian of public records, provide the City with a copy
of the requested records or allows the records to be inspected or copies within a
reasonable time at a cost that does not exceed the cost provided in chapter 119, Fla.
Stat., or as otherwise provided by law;
13.3 Ensure that public records that are exempt or that are confidential and exempt from
public record disclosure requirements are not disclosed except as authorized by law
for the duration of the term of the Agreement and, following completion of the
Agreement, Provider shall destroy all copies of such confidential and exempt records
remaining in its possession after Provider transfers the records in its possession to
the City; and
13.4 Upon completion of the Agreement, Provider shall transfer to the City, at no cost to
the City, all public records in Provider's possession. All records stored electronically
by Provider must be provided to the City, upon request from the City's custodian of
public records, in a format that is compatible with the information technology systems
of the City.
13.5 The failure of Provider to comply with the provisions set forth in this Artice shall
constitute a Default and Breach of this Agreement and the City shall enforce the
Default in accordance with the provisions set forth in Section 7.2 herein.
{00231482.1 2704-05016401 14
IF PROVIDER HAS QUESTIONS REGARDING THE APPLICATION OF
CHAPTER 1199 FLORIDA STATUTES, TO THE PROVIDER'S DUTY TO
PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT,
CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT: CITY CLERK,
7525 NW 88TH AVE., TAMARAC, FL 33321; (954) 597-3505;
PAT.TE UFEL(a,TAMARAC.ORG
14. NON-DISCRIMINATION
Provider agrees that it will not discriminate against any employees or applications for
employment or against persons for any other benefit or service under this perform in
accordance with the requirements of this Agreement.
15. NO WAIVER OF SOVEREIGN IMMUNITY
Nothing contained herein is intended to service as a waiver of sovereign immunity by the
City or as a waiver of limits of liability or rights existing under Section 768.28, Florida
Statutes.
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EXHIBIT A
SCOPE OF SERVICES
100231482.1 2704-05016401 16
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Scope of Services — Exhibit A
EASE Solution
Built upon years of industry experience, Extensible Automated Streaming Engine (EASE) is a software framework
comprised of foundation and extension modules that work together to automate many otherwise manually
intensive tasks. This completely hands -off solution meets the current and future needs of your entity without
creating any additional work for clerks or webmasters.
•Video Capture and Encoding
EASE Encoder records content according to your broadcast schedule and transfer the recorded
audio/video to the Swagit Content Network via a secure Virtual Private Network (VPN) connection,
making it available for live and/or on -demand streaming.
•Indexing and Cross Linking
Using your published meeting agendas as a guide, Swagit's Managed Service Division (SMSD) indexes the
meetings without any work from client staff. SMSD will annotate your content by adding jump -to points
with specific item headings, giving users the greatest flexibility to find the specific content they need.
With these jump -to points, users can step through video by searching for or clicking specific items.
*Agenda Management Integration
If meeting packets or other related information is available online, SMSD will link them directly to the
video player for easy access.
Swagit's EASE solution integrates with all Document/Agenda Management solutions.
*Archiving
Client audio/video can be stored securely on the Swagit Content Network indefinitely. Fault tolerance
and high availability is assured through replication of audio/video content to multiple, geographically
redundant, Storage Area Networks (SAN). Our standard packages includes unlimited storage of
meetings.
• Presentation
By navigating through the video library, users can view a list of meetings chronologically and once in a
selected meeting you can unleash the power of the jump -to markers to search for specific points within
individual audio/video clips. Meetings typically begin to post to a VOID account within 3-4 hours from the
end of a meeting, depending on the client's connectivity speed and bandwidth. Notwithstanding any
technical or network issues, fully indexed meetings are available on a client's site in less than 24 hours.
• Delivery
In order to deliver on -demand content to end users in a format that is native to their computer's
operating system, Swagit can deliver content in all major streaming video formats: HTML5, Flash,
Windows Media, QuickTime and Real. Swagit is proud to support HTML5 and Flash as its default
formats, which has proven itself as the format of choice from such vendors as YouTube, Google Video,
Facebook, ABC and NBC/Universal.
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EASE Solution
• Monitoring
Swagit is monitoring all aspects of the Swagit Content Network to ensure its health and availability. This
monitoring extends to cover remote Swagit EASE Encoders deployed on client premises. In the rare
event of trouble our engineers are promptly notified so that they may dispatch a swift response in
accordance with our support procedures.
•Statistics
Swagit collates log files from our streaming servers monthly and processes them with the industry
recognized Google Analytics. Google Analytics generates reports ranging from high-level, executive
overviews to in depth quality of service statistics. These reports help to highlight growth trends and
identify popular content.
• Support
Beyond our proactive monitoring and response, Swagit offers ongoing, 24/7 technical support for any
issues our clients may encounter. While our choice of quality hardware vendors and a thorough pre -
installation testing phase go a long way toward ensuring trouble free operation of our EASE Encoders,
we do recognize that occasionally unforeseen issues arise. In the event that our engineers detect a fault,
they will work to diagnose the issue. If necessary, next business day replacement of parts will be
completed. Swagit offers continual software updates and feature enhancements to our services and
products for the life of your managed services contract.
12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 • 214-432-5905 • www.swagit.com
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Investment-Streaming Video
Swagit EASE 2D Encoder with Web Caption Support: 2x SDI (3G/HD/SD) Video, Embedded SDI, AES, SPDIF,
Balanced, Unbalanced Audio, Osprey 825e Capture Card, Osprey 800a Capture Card, Embedded SDI, AES,
SPDIF, HDM1, Balanced (mini XLR), Unbalanced Audio, 13.9" 2U Rackmount Chassis SPARKLE 35OW Power
Supply, Supermicro X11SSQ Motherboard, Intel Core i7-6700 Processor, 8GB Micron Memory, Lite-On 24X
DVD-RW,1TB Seagate EC3.Sv5 Hard Drive, Windows 7 Professional Embedded, EASE Software Tools,
System Burn -in, Rackmount Kit, Re�lnstallation and Swagit's 3 Year Full System Warranty.
Captions Encoder
� C Encoding Hardware: H04 'fs'a threw j"bW,vel-S high defimti0 r
d tal interface closed caption encoder with audio l captions over IP."
SVnchronization of live captions and program video/audio with CCMatch $6,790.00
technology. Unit has an additional built-in SDI decodeoutput to show on screen
caption burn -in. Simultaneous support for two iangues.
Streaming Video Monthly Managed Services
a I.: Up To25 Indexed Meetings per year (EASE) -Includes Media on
Demand, 24/7 LIVE Stream, Sound Search, Social Media eXstream and up to 120
hours of additional specialty content per year (No staff involvement —Hands Free)
$2,4
Includes: Remote switching for up to 25 meetings per year. Live and video on
demand automated closed captioning for 25 meetings per year.
Optional Services/Overages/Individual Pricing
12801 N. Central Expressway, Suite 900 • Dallas, TX 75243.214-432-5905 • www.swagit.com
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Broadcast System- Avior
Built upon years of industry experience, Avior is a complete package of cameras and pro
video -switching equipment that enables any client to fully outsource the production and
operation of a multiple camera broadcast system to Swagit.
During the meetings or events, Swagit personnel will operate the Avior system remotely
from their facility in Dallas, Texas. The Avior system enables Swagit to control and switch
from camera to camera depending on events taking place. When bundled with Swagit EASE,
Avior can offer a full end -to -end "hands -free" solution that requires no client staff
involvement for the operation, broadcast and streaming of an event or meeting content.
Avior enables detailed direct camera positioning (pan, tilt, zoom, focus, and
more), preset -positions, and video settings (white balance, backlight,
brightness) for the robotic cameras. Additionally, Avior communicates with
the switcher to allow direct operation of the 'wipe' function from the camera
control GUI. With this powerful package you or Swagit can control all your
cameras individually and switch video sources on a video switcher locally or
remotely. Avior is an invaluable integration of camera -control with switcher
operations for use with live production setups like chambers, churches,
meeting rooms, and more.
Avior includes 2-4+ HD robotic (computer -
controllable pan/tilt/zoom) cameras. These popular robotic cameras have excellent
video quality and performance. They have the ability for panning through wide
angles of motion, tilting through large ranges with superb optical zoom, and dual
video output via SDI and HDMI. They also support both RS232 and RS422 control
signals. In addition the cameras can be mounted either 'up' or 'hanging upside down'
for your convenience (they have built-in reversal of the picture and
left/right/up/down motion controls).
12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 • 214-432-5905 • www.swagit.com
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Investment — Avior Broadcast System
Cameras can be controlled locally by the client or remotely by Swagit's staff.
12801 N. Central Expressway, Suite 900 • Dallas, TX 75243 • 214-432-5905 • www.swagit.com
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