HomeMy WebLinkAboutAgenda - 06-21-2022; 8-m - Memorandum of Agreement with Administrative Office of the Courts 1
ORANGE COUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: June 21, 2022
Action Agenda
Item No. 8-m
SUBJECT: Memorandum of Agreement with Administrative Office of the Courts
DEPARTMENT: Asset Management Services
ATTACHMENT(S): INFORMATION CONTACT:
1. Memorandum of Agreement Steven Arndt, Asset Management
Director, 919-245-2658
Alan Dorman, Asset Management
Assistant Director, 919-245-2627
PURPOSE: To review the Memorandum of Agreement with the Administrative Office of the
Courts and consider authorizing the Manager to sign the agreement upon final review of the
County Attorney.
BACKGROUND: The Administrative Office of the Courts ("AOC") has undertaken an initiative to
upgrade courtrooms across the state with audio-visual equipment that dramatically improves a
courtroom's ability to conduct judicial hearings and other court functions using hybrid-meeting
technology. The AOC has contracted with ePlus, Inc. to install this equipment in courtrooms
statewide.
As part of this initiative, the AOC is funding the improvements in two courtrooms in each County.
Additionally, the AOC is offering each county the opportunity to upgrade additional courtrooms at
their own expense through the same vendor.
The Manager recommended $225,000 in the FY 2022-2032 Capital Investment Plan to fund the
improvement of three additional courtrooms in FY 2022-23, thereby ensuring that all courtrooms
maintained by Orange County are upgraded.
In addition to the funding, the AOC requires that the County sign a Memorandum of Agreement
between the AOC and the County. The agreement provides that the County will purchase the
equipment through ePlus using the AOC's specified procurement procedures, pay for additional
improvements needed in the Courtroom for the system, and maintain the equipment after the
warranty period has expired.
FINANCIAL IMPACT: While the Memorandum of Agreement only requires the County to pay for
site surveys in the event the County decides not to move forward with upgrades, the Manager
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recommended that the BOCC approve $225,000 for audio/visual improvements in FY 2022-23 in
the FY 2022-2032 Capital Investment Plan.
SOCIAL JUSTICE IMPACT: There are no Orange County Social Justice Goal impacts
associated with this item.
ENVIRONMENTAL IMPACT: There are no Orange County Environmental Responsibility Goal
impacts associated with this item
RECOMMENDATION(S): The Manager recommends that the Board authorize the Manager to
sign the agreement upon final review of the County Attorney.
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NORTH CAROLINA
WAKE COUNTY
MEMORANDUM OF AGREEMENT
Courtroom Upgrades for Remote Proceedings
THIS MEMORANDUM OF AGREEMENT (MOA) is entered into by and between the
NORTH CAROLINA ADMINISTRATIVE OFFICE OF THE COURTS (NCAOC) and the
COUNTY OF Orange (County),jointly referred to as the Parties and individually as a Party, and
is effective as of the date of the last signature below.
WHEREAS, Session Law 2021-47 was enacted on June 18, 2021, adding a new section G.S.
7A-49.6, which significantly expands the courts' authority to hold proceedings by audio and
video (AV) transmission;
WHEREAS, to facilitate proceedings conducted by AV transmission, the NCAOC issued
RFP 02-2021000, resulting in a contract with ePlus Inc. to provide AV equipment and
installation services;
WHEREAS, the NCAOC's contract with ePlus became effective on May 27, 2021, for a term
of one (1) year with options for the NCAOC to extend the contract for two (2) additional one-year
terms;
WHEREAS, under its contract with ePlus Inc.,the NCAOC intends to pay for AV equipment
and installation services for one (1) courtroom per county;
WHEREAS, the County seeks to provide funds to the NCAOC for the NCAOC to purchase
additional AV equipment and installation services from ePlus Inc. to provide an additional
courtroom(s)with upgraded technology for proceedings held by AV transmission;
WHEREAS, pursuant to G.S. § 7A-302, the County is required to provide physical facilities
for the courts, including courtrooms, and will benefit from providing funds for AV equipment and
installation by reducing foot traffic in the courthouse and the need for physical space for court
proceedings;
WHEREAS, G.S. § 7A-49.60)requires that proceedings conducted by AV transmission"shall
be conducted using videoconferencing applications approved by the [NCAOC]," and, in turn, the
NCAOC has approved Cisco's WebEx application for such proceedings;
WHEREAS, the AV equipment provided under the NCAOC's contract with ePlus Inc. and
listed in Appendix A attached to this MOA is compatible with the Cisco WebEx application; and
WHEREAS, the Parties intend for this MOA to govern the County's provision of funding to
the NCAOC for the NCAOC to purchase AV equipment and installation services from ePlus Inc.
for an additional courtroom(s) identified by the County.
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NOW, THEREFORE, in consideration for the promises made each to the other, the Parties
agree as follows:
1. After this MOA is fully executed, the County may request that the NCAOC purchase AV
equipment and installation services from ePlus Inc. for a specified courtroom(s)to be paid with
County funds by providing written notice to the NCAOC's principal contact(listed in Section
9 of the MOA). The County will submit a Purchase Request via the NCAOC Online Store and
reference this MOA. NCAOC Procurement Services will contact the County after receipt of
the Purchase Request.
2. The specifications and initial pricing information for the AV equipment and estimated
installation costs under the NCAOC's contract with ePlus Inc. are listed in Appendix A to this
MOA. Due to the COVID-19 pandemic and supply chain issues,pricing maybe higher based
on equipment availability. EPlus Inc. will itemize any price changes and any additional costs
upon completion of its survey(s) of the additional courtroom(s) in which AV equipment will
be installed at the County's expense.
3. The NCAOC shall provide the County with the updated, itemized price information upon
completion of the courtroom survey(s) by ePlus Inc. Within (30) days after receiving this
information, the County shall:
a. Pay the NCAOC for the cost of the courtroom survey(s); and
b. Notify the NCAOC in writing whether the County wishes to proceed with providing
funding to the NCAOC for the NCAOC to purchase the AV equipment and installation
services from ePlus Inc, and, if so, identify the specific courtroom(s) in which the AV
equipment will be installed.
4. The AV equipment may be shipped to, and stored at, the NCAOC's warehouse prior to
installation in the County's courtroom(s). Upon the NCAOC's receipt of the AV equipment,
the NCAOC will invoice the County for the cost of the AV equipment and will deliver the AV
equipment to the County's courthouse in accordance with its standard pickup and delivery
schedule for the County. The County shall pay the NCAOC's invoice for the AV equipment
within thirty(30)days of receipt of the invoice or at the time of delivery of the AV equipment
to the County's courthouse, whichever is later.
5. Upon ePlus Inc.'s completion of the installation of AV equipment in a courtroom specified by
the County, the NCAOC shall invoice the County for ePlus Inc.'s installation services for that
courtroom. The County shall pay the NCAOC's invoice for installation services within thirty
(30) days of receipt of the invoice.
6. During the applicable warranty period for the AV equipment or labor under the NCAOC's
contract with ePlus (Warranty Period), the NCAOC shall be responsible for maintenance and
repairs covered by such warranty. Calls for maintenance or repairs during the Warranty Period
should be directed to the NCAOC Help Desk (919-890-2407). After the expiration of the
Memorandum of Agreement
Courtroom Upgrades for Remote Proceedings
Page 2 of 4
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applicable Warranty Period, the County shall be solely responsible for maintenance and
repairs, as well as any replacement of the AV equipment.
7. This MOA shall automatically terminate when the NCAOC's contract with ePlus Inc.
terminates. Either Party may terminate this MOA, with or without cause, upon ninety (90)
days' prior written notice to the other Party. After termination of this MOA, the County must
continue to comply with its obligation to provide funds to the NCAOC for AV equipment
ordered or installed at the County's request under this MOA. Also, Sections 4, 6, 8, 11, 13,
and 14 shall survive the termination of this MOA. Upon termination of this MOA,the NCAOC
shall retain ownership of the AV equipment purchased pursuant to this MOA but shall not
remove such AV equipment from the courtroom where the County specified installation unless
the County consents in writing.
8. The State Auditor shall have access to all persons and records in accordance with G.S. § 147-
64.7 and other applicable laws or regulations.
9. Notices, when required to be given in accordance with this MOA, shall be in written form and
delivered to the Parties' principal contacts by email,U.S. mail, or personal delivery, addressed
as shown below. Any time a Party desires to change its principal contact, a duly authorized
representative of that Party shall promptly notify the other Party's principal contact in writing
on the Parry's letterhead. The initial principal contacts for this MOA are:
NCAOC's Principal Contact County's Principal Contact
Jared Rundell Alan Dorman
Endpoint Services Manager Assistant Director
Technology Services Division Asset Management Services
North Carolina Administrative Office of Orange County
the Courts
901 Corporate Center Drive PO BOX 8181
Raleigh,NC 27607 Hillsborough,NC 27278
E-mail: Jared.D.Rundell@nccourts.org adorman@orangecountync.gov
10. The County shall provide the NCAOC with documentation showing that its board of
commissioners has delegated authority to the County's signatory,below,to execute this MOA.
11. This MOA shall be governed by the laws of the State of North Carolina without giving effect
to principles of conflicts of law. The place of this MOA, its situs and forum, shall be Wake
County,North Carolina, where all matters, whether sounding in tort or contract, relating to its
validity, construction, interpretation, and enforcement shall be determined.
12. Modification or amendment of this MOA must be made in writing and signed by authorized
representatives of both Parties.
Memorandum of Agreement
Courtroom Upgrades for Remote Proceedings
Page 3 of 4
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13. This MOA and any rights or obligations within this MOA shall not be further assigned,
sublicensed, subcontracted, or otherwise transferred by a Party to another individual,
partnership, limited partnership, corporation, or any other entity except with written consent
of the other Party.
14. The Parties do not intend to create in any other individual or entity the status of third-party
beneficiary,and this MOA shall not be construed so as to create such status. The rights,duties,
and obligations contained in this MOA shall operate only by and between the Parties and shall
inure solely to the benefit of the Parties. The provisions of this MOA are intended only to
assist the Parties in determining and performing their obligations under this MOA.
15. This MOA may be executed by facsimile or digital signature, and in counterparts, each of
which (including signature pages) will be deemed an original, but all of which together will
constitute one and the same instrument. To the extent signed in handwriting and then delivered
by means of electronic transmission in portable document format("PDF"), this MOA shall be
treated in all manner and respects as an original agreement or instrument and shall be
considered to have the same force and legal effect as an original signature.
IN WITNESS WHEREOF, intending to be bound hereby, this MOA is executed by the
undersigned authorized representatives of each Party, effective as of the last date of execution by
the Parties hereto. Each individual signing below warrants that he or she is authorized to execute
this MOA and bind his or her respective agency to its terms.
NORTH CAROLINA ADMINISTRATIVE
OFFICE OF THE COURTS
By: Date:
Kesha Howell
NCAOC Chief Operation Officer
COUNTY OF
By: Date:
Printed Name:
Title:
Memorandum of Agreement
Courtroom Upgrades for Remote Proceedings
Page 4 of 4
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eCourts
Sy NORTH CAROLINA ADIMN I STRATIVE
l; I
OFFICE OF THE COURTS
I U N O.NCCOU RTS.O RG/E CO U RTS-H U B
Appendix A
NCAOC CAIDURTR,J° M AUDID/VIDE,0
INFRASTRUCTURE TECHNICAL SPECIFICATI,,L
The infrastructure technical specifications to upfit a NCAOC courtroom for an immersive Audio/Video
experience are provided below.This infrastructure has been tested and determined compatible with
Cisco Webex Meetings video conference technology,the NCAOC approved technology for use in various
Judicial Branch remote A/V court proceedings.
In addition to initial infrastructure requirements, courtroom facility cabling requirements (electrical,
information technology personnel. Each courtroom facility will be required to have a site survey
network, other)will need to be assessed by both NCAOC Technology Services Division and county
conducted to determine compatibility with courtroom microphone and speaker systems.
The following infrastructure will provide an immersive video conferencing solution that integrates with,
or will require installation of, courtroom audio technology.
Services Required and Supported for Infrastructure Installation
Site Survey
Infrastructure Installation
User Training and Resources
Ongoing A/V Infrastructure Support
Technical Specifications and Associated Cost (Current as of December 2020)
Cisco WebEx Room Pro Kit-Codec and Touch 10 Controller: $31,766.44
Quad Camera -Attorney Camera
Sound Control Tech RC5-HE (HDMI extender with Camera control)
Sound Control Tech RCS-CE (HDMI extender with Camera control)
Cisco P60 camera -Judges Camera
Sound Control Tech RC5-HE (HDMI extender with Camera control)
Sound Control Tech RC5-CE (HDMI extender with Camera control)
Cisco Touch 10 Controller
E XPANDI N G ACCESS TO JUSTICE
8
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eCourts
NORTH CgROI.INAAPMIhI15TRATIVF
- CIFFICE OF THE COURTS
`°wn•+' ra"� IUNO.NCCOURTS.ORC,/F.COURTS-HUB
Monitor Options(sizing and quantity based on viewing distance): $3,200 with 2
mobile carts
Monitors are required to support 4k w/60Kz refresh rate and HDMI-CEC 2.0 $2,980LG 75UH5F-H 75" HD Monitor all m with 2
w
LG 55UH7F-B 55" HD Monitor wall mounts
Mobile Carts or Wall Mount Kits
HDMI Extenders per monitor if required:
Crestron HD-TXC-101-C-E (HDMI Tx Extender)
Crestron HD-RXC-101-C-E (HDMI Rx Extender)
Optional Pro Se Item:
Cisco Webex Desk Pro $10,023.36
Cabling Technical Specifications Based on Site Survey: TBD
TBD by installer in accordance with RFP 02-2021000
Electrical outlets
Data cabling
A/V cable runs
Misc. cables
Microphone Technical Specifications (should courtroom require): $7,509.79
Shure Microphone System:
4-channel transceiver
Wired microphones
Wireless microphones with charging station (optional)
Body pack with lapel microphone (optional)
Installation Services: Estimate Provided for Budgetary Purposes $20,000
TBD by installer in accordance with RFP 02-2021000 est.
*tyt
North Carolina Judicial Branch NCAOC Courtroom Audio Video Infrastructure Technical Specifications I December 2020
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