2018-02-06 10:00 AM - Commissioners' Agenda
6/13/2018 12:33:40 PM
6/13/2018 12:29:43 PM
205 West 5th Room 109 - Ellensburg
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Fully Executed Version
Request to Approve an Agreement between Equivant and Kittitas County to Implement JWorks Attorney Case Management System
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equivant <br />CCLlrt'jicw Justice SclutlCnz. Ir,c d/b/d eq\..i!"Jn~. <br />7 . OTHER FEES AND EXPENSES <br />If onsite maintenance is required, Customer will pay reasonable travel and living expenses <br />of equivant's employees or agents, which shall be billed and paid as the expenses are <br />incurred . Onsite labor shall be provided on an hourly rate basis at the then current rates . <br />Travel and living expenses shall be incurred in accordance with equivant's standard travel <br />policy. <br />8. PAYMENT TERMS <br />a . Payment for Maintenance for initial and subsequent terms is due and payable within <br />thirty (30) days of the date of each billing . Upon thirty days written notice to Customer <br />of the intent to suspend Maintenance, equivant may, at its sole election and without <br />prejudice to other remedies herein, suspend support under this agreement if Customer <br />fails to pay invoice by the ninety day after the invoice date. Restatement of Maintenance <br />under this agreement requires all overdue payments to be paid in full. <br />b. equivant reserves the right to apply a late payment charge of 1.5% per month to <br />amounts outstanding more than thirty (30) days after the payment due date . <br />9 . DEFAULT AND TERMINATION <br />a. The Customer shall have the right to terminate Maintenance upon delivery of written <br />notice at least thirty (30) days prior to start date of any Subsequent Term. <br />b. Either party may terminate this Agreement if: (i) the other party fails to perform a material <br />obligation of this Agreement , and if such failure remains uncured 30 days after receipt <br />of written notice from the non-breaching party specifying the failure ; or (ii) a party ceases <br />to conduct business , becomes or is declared insolvent or bankrupt , is the subject of any <br />proceeding relating to its liquidation or insolvency which is not dismissed within 90 days <br />or makes an assignment for the benefit of creditors. In addition, equivant may terminate <br />this Agreement effective upon thirty (30) days written notice to Customer if Customer <br />fails to make any payment in full as and when due hereunder and does not cure within <br />that thirty (30) days . <br />c. In the event that Maintenance is terminated by equivant, equivant shall have no <br />cont i nuing obligations to the Customer of any nature whatsoever with respect to <br />Maintenance . Furthermore , termination by equivant pursuant to the provisions hereof <br />shall be without prejudice to any right or recourse available to equivant, and without <br />prejudice to equivant's right to collect any amounts, which remain due to it hereunder. <br />10 . LIMITED WARRANTIES <br />a . Software . equivant warrants for a period of ninety (90) days following the date of delivery <br />of any software under this agreement that it will substantially operate according to the <br />documentation and product literature provided by equivant. If it is determined by <br />Customer that the software does not substantially operate according to such <br />documentation provided by equivant. equivant may , at its option and expense, apply <br />commercially reasonable efforts to designing , coding and implementing programming <br />changes to the source code to correct reproducible errors or correcting misstatements <br />and omissions in the User's Guide and code documentation. Customer shall report all <br />errors or other defects in the software to equivant immediately upon their discovery. It <br />is acknowledged that the Software is inherently complex and may contain errors and <br />equivant cannot and does not guarantee to correct all such errors. The remedies set <br />forth in this section constitutes Customer's sole and exclusive remedy for breach of this <br />Rev. 06022016 3 of 13
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