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2021-10-19 10:00 AM - Commissioners' Agenda
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Sourcewell contract
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Last modified
11/24/2021 8:42:53 AM
Creation date
11/24/2021 8:41:43 AM
Metadata
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Template:
Meeting
Date
10/19/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Fully Executed Version
Supplemental fields
Alpha Order
f
Item
Request to Approve a Contract between Kittitas County and Sourcewell Contract Number RFP#010720
Order
6
Placement
Consent Agenda
Row ID
82499
Type
Contract
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DocuSign Envelope lD: 55885E9C-C664-43ED-90F6-9B88271 5E28D <br />AAXON Master Services and Purchasing Agreement <br />2.7.2. <br />2.7.3. <br />2.7.4. <br />2.7.5. <br />resulting from or otherwise relating to the Designated Locations. After an <br />installation plan with Designated Locations and equipment has been agreed upon <br />by both Flock and the Customer, any subsequent changes to the installation plan <br />driven by Customels request will incur a $250 charge in addition to any equipment <br />charges. These changes include but are not limited to camera re-positioning, <br />adjusting of camera mounting, re-angling, changes to heights of poles, and <br />removing foliage. <br />Customer's lnstallation Obligatioqg. Customer agrees to allow Flock and its agents <br />reasonable access to the designated installation locations at all reasonable times <br />upon reasonable notice for the purpose of performing the installation work <br />(togetherwith the preceding sentence, the "Gustomer lnstallation Obligations"). <br />It is understood that the lmplementation Fees do not include any permits or <br />associated costs, any federal, state or local taxes including property, license, <br />privilege, sales, use, excise, gross receipts or other similar taxes which may now <br />or hereafter become applicable to, measured by or imposed upon or with respect <br />to the installation of the Hardware, its use, or any other services performed in <br />connection therewith and that Customer shall be solely responsible for the <br />foregoing. Customer represents and warrants that it has all necessary right title <br />and authority and hereby authorizes Flock to install the Hardware at the <br />Designated Locations and to make any necessary inspections or tests in <br />connection with such installation. <br />Flock's lnstallation Obliqations. The Hardware shallbe installed in a workmanlike <br />manner in accordance with Flock's standard installation procedures, and the <br />installation will be completed within a reasonable time from the time that the <br />Designated Locations are selected by Customer. Following the initial installation <br />of the Hardware and any subsequent Reinstalls or maintenance operations, <br />Flock's obligation to perform installation work shall cease; however, Flock will <br />continue to monitor the performance of the Units for the length of the Term and will <br />receive access to the Footage for a period of three (3) business days after the <br />initial installation in order to monitor performance and provide any necessary <br />maintenance solely as a measure of quality control. Customer can opt out of <br />Flock's access to Footage after the initial installation which would waive Flock's <br />responsibility to ensure such action was successful. Customer understands and <br />agrees that the Flock Services will not function without the Hardware. Labor may <br />be provided by Flock or a third party. <br />Theft and Qemage. Flock agrees to replace the Hardware up to one (1) time during <br />the Term of the Agreement, at no cost to Customer, in the event of theft or damage. <br />Subsequent replacement due to damage or theft will be at Custome/s own <br />expense, at a replacement cost of three hundred dollars ($300) per camera. <br />Customer shall not be required to replace subsequently damaged or stolen units; <br />however, Customer understands and agrees that functionality, including Footage, <br />will be materially affected due to such subsequently damaged or stolen units and <br />that Flock will have no liability to Customer regarding such affected functionalig <br />nor shallthe Fees owed be impacted. <br />security lnterest. The Hardware shall remain the personal property of Flock and <br />will be removed upon the termination or expiration of Custome/s Agreement. <br />Customer agrees to perform all acts which may be necessary to assure the <br />retention of title of the Hardware by Flock. Should Customer default in any payment <br />for the Flock Services or any part thereof or offer to sell or auction the Hardware, <br />then Customer authorizes and empowers Flock to remove the Hardware or any <br />part thereof. Such removal, if made by Flock, shall not be deemed a waiver of <br />Flock's rights to any damages Flock may sustain as a result of Customer's default <br />and Flock shall have the right to enforce any other legal remedy or right. <br />2.8 Hazardous Conditions. Unless otherwise stated in the Agreement, Flock's price for its <br />I rEle: Master Services a <br />Department: Legal <br />Version:12.0 <br />Release Datei I2l t8/2O2O <br />no rurcnasrng Agreement Detween Axon ano Agency <br />Page 29 of 49
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