HomeMy WebLinkAboutSH20-019 - Chirping Agreementc=aLMA=m.scon.=W
CTEL,LLC
An Affiliate of Consolidated Telecom, Inc.
Inmate Messaging Service
CTEL, LLC, an affiliate of Consolidated Telecom, Inc. (Vendor) with its principle place of
business located at 8113 Ridgepoint Suite 205 Irving, Texas 75063 agrees to .provide a
messaging service' for inmate usage called Chirping to the Kittitas County Sheriffs
Office on behalf of the Kittitas County Corrections Center (Customer) with its principal
place of business at: 205 W. 5th Avenue Ste 1 Ellensburg, Washington 98926 agree as
follows:
Exclusive Agreement
Customer agrees to exclusively permit Vendor the right to install, support and maintain
a messaging platform and service within ali pre-existing and future jaii and/or detention
facilities during the term of this agreement. In the event that the current KCCC (Kittitas
County Corrections Center) is replaced within the term of this agreement, Vendor
agrees to remove all equipment specified herein and reinstall the equipment or its
replacement as the case may be in the successor Facility at no expense to the County.
Agreement Term:
This agreement will remain in force and effective for forty-eight (48) months from the
Commencement Date. Unless written notice is delivered to either party at least ninety
(90) days prior to the expiration of the initial term or any renewal term of this Agreement,
this Agreement shall automatically renew for a twelve (12) month term upon the same
terms and conditions as set forth herein.
Vendor Provides:
Vendor will provide, install and maintain Chirping devices, associated operational
hardware, charging stations and transport containers (a tub and/or cart). Additionally,
Vendor will provide ongoing service, support and maintenance of the Chirping devices
and platform.
Customer Provides:
Customer provides a secure area for a tub and/or cart to store and charge chirping
devices, as well as electric (AC) to charge devices, at no charge to Vendor; additionally,
1 U.S. Patent Nos. 10,082,835 and 10,085,126. Used under license from Hank Technology LLC."
Customer will provide the labor to check the devices in/out and keep the chirping
devices charged.
Chirping Rates, Funding & Fees:
Chirping rates include - four dollars ($4.00) per month per chirping device and phone
number, and ten cents ($0.10) per chirp.
Chirping funds are added by friends and family through Vendor's customer service
center or the inmatesales.com web site.
Funding fees include - a three -dollar ($3.00) funding fee through inmatesales.com or a
five dollar and ninety-five cent ($5.95) fee through Vendors live representative customer
service center, plus credit card fees.
Labor Reimbursement:
Vendor will pay Customer labor reimbursement in the amount of one cent ($0.01) from
every completed Chirp. To the extent that chirps are used from chargeback deposits,
total chirp count will be adjusted for purposes of calculating the labor reimbursement.
Device Loss/ Damage & Replacement Policy;
Each device has a value of two hundred dollars ($200.00). The inmate will be charged
the device value if damaged or lost while assigned to him/her. The replacement cost will
be deducted from the device account until paid in full before another device is assigned
to the inmate.
Miscellaneous Provisions:
A. Any notice to be given hereunder shall be in writing and shall be delivered by
certified mail, postage prepaid, return receipt requested, addressed to the respective
addresses of the parties set forth above, and all such notices shall be deemed received
when delivered in the manner set forth above.
B. Vendor's services shall be furnished by Vendor as an independent contractor .and
nothing herein contained shall be construed to create a relationship of employer-employee
or master -servant, but all payments made hereunder and all services performed shall be
made and performed pursuant to this Agreement by Vendor as an independent contractor.
Vendor acknowledges that the entire compensation for this Agreement is specified herein
and Vendor is not entitled to any County benefits including, but not limited to: vacation pay,
holiday pay, sick leave pay, medical, dental, or other insurance benefits, or any other rights
or privileges afforded to Kittitas County employees.
Vendor will defend, indemnify and hold harmless the County, its Additional Insureds,
officers, agents or employees from any loss or expense, including but not limited to
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settlements, judgments, setoffs, attorneys' fees or costs incurred by reason of claims or
demands because of breach of the provisions of this paragraph.
C This Agreement shall be subject to all laws, rules and regulations of the United States
of America, and State of Washington, and political subdivisions of the State of Washington,
and to any other provisions set forth herein or in the attached exhibits.
D. This Agreement and any records resulting shall be subject to all provisions of the
Public Records Act, RCW 42.56. Vendor agrees to provide the fullest assistance in providing
any records responsive to any such request. The County agrees to provide at least 15
working (Monday — Friday, Saturdays, Sundays and legal holidays excluded) notice to
Vendor pursuant to RCW 42.56.540 to seek injunctive relief subject to the venue provision
herein cited if Vendor has reason to believe any such record should not be released.
E. This Agreement shall be constructed under and is enforceable under the laws of
the State of Washington. Venue of any action shall be as provided in RCW (Revised
Code Of Washington) 36.01.05,0.
F. In no event shall the Customer be liable for any damage or destruction to any item
of Equipment, or for any injury resulting to any person from any failure of the equipment
or its installation.
Authority to Represent:
Each party to this Agreement warrants and represents that they have the unrestricted
right and prerequisite authority to enter into and execute this Agreement, to bind the
respective party, and to authorize the installation and operation of the equipment. The
rights and obligations of this Agreement will be binding and shall inure to the benefit of
the respective parties, their subsequent owners, successors, heirs, and assignees.
IN WITNESS WHEREOF, the parties hereto intending to be legally bound, have
executed this Agreement to be effective beginning on the 18th day of August 2020 (the
Commencement date).
CTEL, LLC Kittitas County Sheriffs Office
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Print Name, Tit
Signatu
Date
Clayton Myers, Sheriff
Print Name, Title
Signature
Date
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