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SH18-021 SECURUS 2ND AMENDMENT-Securus Extension 4-18-18
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2018-05-15 10:00 AM - Commissioners' Agenda
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SH18-021 SECURUS 2ND AMENDMENT-Securus Extension 4-18-18
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5/14/2018 12:18:21 PM
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5/14/2018 12:18:12 PM
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Meeting
Date
5/15/2018
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
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Alpha Order
o
Item
Request to Acknowledge a Second Amendment to the Master Services Agreement between the Kittitas County Sheriff’s Office and Securus Technologies, Inc.
Order
15
Placement
Consent Agenda
Row ID
44613
Type
Agreement
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SECURUS <br />Technologies <br />connecting what matters' <br />(c) Applications ordered by Customer may be disabled by Customer at any time during the Term of the Agreement <br />upon written notice to Provider by an authorized representative of Customer; provided, however, Customer shall <br />remain responsible for paying the Annual Subscription and Hosting Fee according to the Agreement, this <br />Schedule and Sales Order Form(s) set forth in Attachment 1, unless otherwise agreed by both parties pursuant <br />to a written and signed amendment. <br />(d) Provider may deny the publication of certain documents, videos or forms in connection with the Service, if in <br />Provider's sole and reasonable discretion, such materials are in conflict with the provision of Provider's Service <br />hereunder. <br />(e) Customer shall allow Provider to display videos, documents and digital messages to inmates through ConnectUs <br />to promote Provider's new and existing services, products and features. <br />(f) Provider is not responsible and hereby disclaims any liability for any and all content of the third party Applications <br />and any documents, videos or forms published by Customer or from outside sources. <br />3. FEES AND PAYMENT TERMS <br />3.1 Securus will fund the Total Cost identified on the attached Sales Order Form. If the Agreement is terminated for <br />any reason before the end of the Term, Customer will refund the prorated amount of the Total Cost as set forth in <br />the attached Sales Order Form. Customer will pay such refund within 10 days after such termination, or, at <br />Provider's election, Provider may deduct the refund from any Commission owed to Customer. <br />3.2 Provider's fees do not include any governmental taxes, assessments, fees, or duties that may be applicable in <br />connection with the transactions contemplated by this Schedule ("Taxes"). Customer will be responsible for <br />paying all Taxes, except for taxes based on Provider's net income or its authority to do business within a given <br />jurisdiction. If Provider has a legal obligation to pay or collect Taxes for which Customer is responsible under <br />this Schedule, then the appropriate amount will be invoiced to and paid by Customer, unless Customer specifies <br />in the applicable Sales Order Form that it claims tax exempt status for amounts due under the Agreement and <br />provides Provider a valid tax exemption certificate (authorized by the applicable governmental authority) at least <br />five (5) business days prior to the date of the applicable Provider invoice. <br />3.3 Customer shall be responsible for all Jail Management System and Commissary integration fees, if applicable, <br />as well as electrical wiring installation. <br />4. WARRANTIES AND LIMITATIONS <br />4.1 Service Warranties. <br />(a) Provider warrants that the services it provides as contemplated in and by this Schedule will be performed in a <br />good and workmanlike manner consistent with industry standards and practices. Provider further warrants that <br />its agent(s) and/or employee(s) utilized by it In the performance of its obligations under this Schedule will be <br />qualified to perform the contracted services. Should any errors or omissions arise in the rendering of the <br />services under this Schedule, Provider will undertake to correct such errors or omissions within a reasonable <br />time period. If Customer purchases from Provider any hardware components in connection with the services <br />hereunder ("Hardware Components"), Provider warrants such components to be free from material defects under <br />normal use, maintenance and service for a period of twelve (12) months from the date of installation of the <br />Hardware Components. <br />(b) Provider makes no warranty with respect to low performance, damages or defects in any Hardware Component <br />caused by misuse, misapplication, neglect or accident, nor does Provider make any warranty as to any Hardware <br />Component that has been repaired or altered in any way, which, in the sole judgment of Provider affects the <br />performance or purpose for which the Hardware Component was manufactured. <br />4.2 Limitation of Warranty. <br />(a) THE WARRANTY OBLIGATIONS OF PROVIDER WITH RESPECT TO THE HARDWARE COMPONENTS ARE <br />STRICTLY LIMITED TO THE REPLACEMENT OF ANY DEFECTIVE HARDWARE COMPONENT. IN NO <br />EVENT AND UNDER NO CIRCUMSTANCES SHALL THE LIABILITY OF PROVIDER EXCEED THE UNIT <br />PRICE PAID BY CUSTOMER FOR ANY DEFECTIVE HARDWARE COMPONENT OR PART THEREOF. <br />(b) EXCEPT AS EXPRESSLY SET FORTH HEREIN OR IN A SCHEDULE TO THE AGREEMENT, THE <br />SERVICES AND ANY HARDWARE COMPONENT TO BE PROVIDED HEREUNDER ARE PROVIDED <br />WITHOUT ANY OTHER WARRANTY OR GUARANTY OF ANY KIND AND PROVIDER DISCLAIMS ANY <br />OTHER EXPRESS OR IMPLIED WARRANTY, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF <br />MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. <br />Page 3 of 6 <br />© SECURUS Technologies, Inc. - Proprietary & Confidential <br />
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