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09. September
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2022-09-20 10:00 AM - Commissioners' Agenda
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KarpelK2 (3)
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Last modified
9/15/2022 1:03:21 PM
Creation date
9/15/2022 1:02:38 PM
Metadata
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Meeting
Date
9/20/2022
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Item
Request to Approve a Resolution Authorizing a Contract with Karpel for Case Management Software
Order
5
Placement
Consent Agenda
Row ID
93904
Type
Contract
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<br />Initials _____________ Page 14 of 31 <br /> <br /> <br />6. Public Agency Participation: Other public agencies may utilize the terms and conditions <br />established by this Contract. “Public agency”, for purposes of this paragraph, is defined to <br />include any city, county, district, public authority, public agency, municipality, and other political <br />subdivision. Kittitas County is not an agent, partner, or representative of such public agency, and <br />is not obligated or liable for any action or debts that may arise out of such independently <br />negotiated procurements. These so called “piggy-back” awards shall be made independently by <br />each public agency, and that agency shall accept sole responsibility for placing orders with <br />Vendor. Kittitas County does not accept any responsibility or involvement in the purchase orders <br />or Contracts issued by other public agencies. Any such contract by another public agency must <br />be in accordance with the statutes, codes, ordinances, charter and/or procurement rules and <br />regulations of such public agency. <br /> <br />9. WARRANTY <br /> <br />1. LIMITED WARRANTY: Karpel Solutions warrants it will provide the Services and Website in a <br />professional manner by qualified personnel. Karpel Solutions warrants it has the requisite power <br />and authority to enter into and perform its obligations under this Agreement. Karpel Solutions <br />warrants that the performance by Karpel Solutions of any services described in the Agreement <br />shall be in compliance with all applicable laws, rules and regulations. Karpel Solutions warrants <br />it will provide access to and use of the Software, Service and Website in material accordance <br />with the Service Level Commitment outlined above. No representations or warranties as to the <br />use, functionality or operation of the Website, Software, or Service are made by Karpel <br />Solutions other than as expressly stated in this Agreement. <br /> <br />2. INTERNET: Karpel Solutions makes the Website, Software and Services available to Client <br />through the internet to the extent commercially reasonable, and subject to outages, <br />communication and data flow failures, interruptions and delays inherent in Internet <br />communications. Client recognizes that problems with the Internet, including equipment, <br />software and network failures, impairments or congestion, or the configuration of Client’s <br />computer systems, may prevent, interrupt or delay Client’s access to the Service, Website or <br />Software. Karpel Solutions is not liable for any delays, interruptions, suspensions or <br />unavailability of the Website or Software attributable to problems with the Internet or the <br />configuration of Client’s computer systems or network. <br /> <br />3. SYSTEM REQUIREMENTS: Karpel Solutions provides the Services and Website based upon the <br />system requirements as specified by Karpel Solutions for Client. Karpel Solutions has no liability <br />for any failure of the Services, or the Software based upon Client’s failure to comply with the <br />system requirements of Karpel Solutions. <br /> <br />4. WARRANTY LIMITATION: The warranties set forth in this Agreement do not apply if non- <br />compliance is caused by, or has resulted from (i) Client’s failure to use any new or corrected <br />versions of the Software or Documentation made available by Karpel Solutions, (ii) use of the <br />Software or Documentation by Client for any purpose other than that authorized in this <br />Agreement, (iii) use of the Software or Documentation in combination with other software, data <br />or products that are defective, incompatible with, or not authorized in writing by Karpel <br />Solutions for use with the Software or Documentation, (iv) misuse of the Software or
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