Commissiary Partnership Agreement

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DocuSign Envelope lD: 5216D1 FD-49F9-4AC1-4A66-059F04912323 5.1 Premises. The Premises shall be in good condition and maintained by the Client to ensure compliance with applicable Governmental Rules and to enable Company to perform its obligations hereunder. Client shall be responsible for any modifications or alterations to the workplace or the Premises necessary to comply with any applicable Governmental Rules. Company shall have no obligation to maintain or repair the Premises. 5.2 Facilities. Utilities. At its own expense, Client shall maintain, repair, replace, and keep in safe operating condition said Facilities and Utilities, to permit the performance of the Commissary Service and to ensure compliance with Governmental Rules. 5.3 ComputerEquipment. A. lnternet Access. lf Company is to implement a point-of-sale system, Client shall either allow Company to use Client's point-of-sale- system ('POS System") and required internet access or, in the alternative, shall provide and maintain the system requirements necessary for Company to install and maintain its own POS System. To the extent Company installs and maintains its own POS System, Client shall provide electrical outlets and wireless lP network connectivity terminating in necessary cabling connection between the cash registers, the time-clocks, the Commissary service office and Company's router. Client shall allow Company and the internet provider physical access to the area where a high-speed internet connection will be installed and shall permit Contractor's installation of a router and dedicated high-speed internet circuit with full administrative control to establish a connection between the Commissary service office, workstations (if any) and Company's network within the policies and procedures of Kittitas County. B. Software. Company will license products, software and maintenance for use in providing services in accordance with this Agreement. Upon termination of this Agreement, Client shall have no right to access or retain any Company software or Confidential lnformation produced by that software. C. Credit Card Processins. lf requested by Client, Company will accept and process credit card payments for sales of food, beverage, goods, merchandise and services in the Commissary Service operation. lf Company processes credit card transactions using equipment solely provided by Company, then Company will be responsible for compliance of its equipment in accordance with PCI Standards. lf Company uses computers, software, network equipment {"Systems") or other property of Client to process credit card transactions, then Client will be required to provide Systems that fully support PCI standards and requirements or reimburse the Company for the acqulsition of Systems that sufficiently meet the requirements of current PCI Data Security Standards. ln that case, if Company is considered the "merchant of record", Client will provide Company with a certificate of compliance if requested by Company. 6. TAXES 6.1 Taxes. Company shall be responsible for collecting and remitting sales tax on applicable sales collected by Company. Unless Client provides documentation of Client's federal and state tax- exempt status to the Company's sole satisfaction, Client shall reimburse Company for state and local sales tax on the full amount of charges and fees billed to the Client. Client shall secure and pay all federal, state and local property, excise and income and other taxes and fees required for the Premises and resulting from the Commissary Services provid€d for hereunder. Client shall Page5ofll