No preview available
HomeMy WebLinkAboutC09-122 EZ Card and KioskC~-iaa, EZ CARD A\D KIOSK SERVICE LOCATIO\ ACREEIVIENT The Pa~•tics to this Agreement arc: Continental Prison Systems, Inc. DBA EZ CARD AND KIOSK of tit Audrey CR PO Box 9004 Breckenridge CO. 80424 is engaged in the business of placing and operating the EZ Kiosks for the purpose of accepting cash, debit cards or credit cards for the purpose of an inmate paying his/her bail and the acceptance of inmate h•ust fiu~d payments, plus our EZ Remote Load secured web site ,for remote loading of inmate trust accounts, as well as bail payments over a secure Internet connection and an ATM machine, hereafter rcfcn-a1 to as the "Provider" in this Agreement, and Eagle County Sheriff office 0885 East Chambers Ave PO Box 359 Eagle County CU 81631 who in engaged in the business of administcri~ig and managing detention facilities hereafter referred to as the "County" in this Agreement. ARTICLES THE PARTIES AGREE AS FOLLOWS: 1. TERM: The term of this Agreement shall be for a period commencing on the day of 3/26/09 or on the day of installation if later, and unless sooner terminated as provided herein, tuitil December 31, 2009. Thereafter, this Agreement shall automatically renew annually for one-year periods upon mutual understanding by both Provider and County. The County or,Provider may terminate this Agreement within the first sixty (60) days of the installation date. 2. KIOSK: A. The Provider agrees to provide, and the County agrees to accept, an EZ Kiosk(s), provided by EZ CARD AND KIOSK. B. The type of Kiosk(s) will be determined by the Provider. C. The Kiosk(s) will be provided at no charge to the County conditional to the user fees as stated in Article 3. D. ATM Machine: Provider will install an ATM Machine ("ATM") in an agreed upon space. ;. usER FEES: Kiosk Load Fees: CASH DEPOSIT Fee Amount $1 to $200 $299 ATM Fee $2.75 ENTERING BOOKED INMATE'S , Fee Amount CASH, {PAPER AND COIN) $2.00 If inmate has less than $20, then fee $0.00 Kiosk and Remote Load Credit/Debit Carcl Fees: Amount of De osit Fee Amount $.O1 to $ 20.00 $ 3.99 $20.01 to $50.00 $5.99 $50.01 to $100.00 $7.99 $100.01 to $200 $9.99 Kiosk Credit/Debit Bail Fees: Amount 7% of Bail Amount Plus $10 Fee Remote Credit/Debit Bail Fees: Amount 8% of Bail Amount Plus $10 Fee 4. KIOSK & ATM MAINTENANCE AND REPAIR: A. The Provider wa~7•auts that the Kiosk(s) and ATM are in good working order and will be maintained ou a full time basis by the Provider. If for some reason the EZ Kiosk(s) or ATM is not repairable, the Provider shall replace it with another comparable machine in good working order within hve (5) working days. B. The County warrants that it shall keep the EZ Kiosk(s) and ATM in an accessible area for use. The County agrees to provide adequate security to protect both parties' interest in the EZ Kiosk and ATM. 5. DISPUTE/DISAGREEMENT RESOLUTION/ JURISDICTION A. Whenever during the term of this Agreement, any disagreement or dispute arises between the parties as to the interpretation of the terms or conditions of this Agreement, the dispute shall be resolved whenever possible, by meeting and conferring. Either party may request such a meeting by giving notice to the other, in writing, in which case such other party shall make itself available within five (5) working 2 days thereafter to resolve the disa~~rccmcnt or dispute. I3. This Agreement shall be govc--ncd by the laws of-the State of Colorado. In the event the parties arc unable to resolve the disagreement or dispute, either party may seek relief in the courts of the 5'~' Judicial District in Eagle County, Colorado. C. Cxcept to the extent necessary to enforce the provisions of this Agreement, notl]!ng contamcd herein shall be deemed to be a waiver of the inherent sovereign inununity of the County from un- conscnted suit or claims, or to create any right against the County in favor of any party not a party to this Agreement. 6. INDEMNIFICATION Within the limits allowed by law, Provider shall indemnify County for, and hold and defend the County and its officials, boards, officers, principals and employees harmless from all costs, claims and expenses, including reasonable attorney's fees, arising from claims of any nature whatsoever made by any person in connection with the negligent acts or omissions of, or presentations by, the Provider in violation of the terms and conditions of this Agreement. This indemnification shall not apply to claims by third parties against the County to the extent that the County is liable to such third party for such claim without regard to the involvement of the Provider. By requiring this right to indemnification, the County in no way waives or intends to waive the immunity protections provided to the County and its employees under the Colo]•ado Governmental Immunity Act, C.R.S. S 24-]0-101, et seq. 7. INTERNET READY LOCATION At least five (5) days prior to delivery of the Kiosk, the County shall provide tl]e Provider with a proof of internet connectivity capable of high-speed broadband inte!•net with aCAT-5 connector for use by the Kiosk, a phone line for the ATM and elecri•ical power. 8. OWNERSHIP The provided Kiosk and ATM are and will at all times remain the sole property of Provider and the County shall have no right, title, or interest therein except as expressly set forth in this Agreement. 9. PERSONAL PROPERTY The Kiosk(s) and ATM provided is and shall at all times remain personal property, notwithstanding that it or any part of it may now be, or may in the firture become, in any manner attached to, or embedded in, or permanently resting on, -•eal property or any building on such real property, or attached in any manner to what is permanent as by means of cement, plaster, nails, bolts, or screws. 10. INSPECTION BY PROVIDER The Provider, upon giving advance notice to County and receiving authorization by an Eagle County Sheriff's representative, shall have the right to enter the detentiot] facility solely for the purposes of inspecting, maintaining, and repairing the Kiosks and ATM. White Provider is onsite, Provider shall have free access to anywhere in tl]e detention facility necessary for tl]e purposes of inspecting, maintaining, and repairing the Kiosk(s) and ATM. 11. TITLE Title to the Kiosk(s) and ATM provided will at all 111nCS I'e171a1n 117 the namC Ot t11C PI'OV1dC1'. The County will give the Provider immediate notice of any claim, Levy, lien, or legal process issued against the Kiosk(s) and ATM covered by this lease A~~rccment. 12. INDEPENDENT CONTRAC"TOR With respect to the provision of the Provider's Services hereunder, Provider acknowlec(gcs that Provider is an independent contractor providing Provider's services to the County. Nothing in this A~~rcemcnt shall be deemed to make Provider an a~~ent, employee, partner or representative of County. The Provider shall not have the authority to, and will not make any commitments or enter into any agreement with any party on behalf of County without the written consent of the Board of County Commissioners. The Provider and its employees are not entitled to workers' compensation benefits through the County. The Provider is solely responsible for necessary and adequate workers' compensation insurance and shall be responsible for withholding and paying all federal and state taxes. The Provider and its employees are not entitled to unemployment insurance benefits unless unemployment compensation coverage is provided by an entity other than the County. The Provider hereby acknowledges full and complete liability for and timely payment of all local, state and federal taxes imposed including, without limitation, tax on self-employment income, unemployment taxes and income taxes. 13. PROVIDER'S PROFESSIONAL LEVEL OF CARE In rendering its services hereunder, Provider shall comply with the highest standards of customer service to the public. Provider shall provide appropriate supervision of its employees to ensure the maintenance of these high standards of customer service and professionalism, the performance of such obligation to be determined at the sole discretion of County. In the event that County finds these standards of customer service are not being met by Provider, County may terminate this Agreement, in whole or in part, upon ten (10) days notice to the Provider. 14. INSURANCE At all times during the term of this Agreement Provider shall maintain in filll force and effect the following insurance: Insurance Type • Workers' Compensation • Employers Liability, including Occupational Disease • Comprehensive General Liability, including Broad For•tn Property Damage • Professional Liability Insurance Coverage Minimums Statutory 5500,000 5600,000 per occurrence or as specified in the Colorado Governmental Immunity Act, whichever is greater 5500,000 per occurrence Provider shall purchase and maintain such insurance as required above and shall provide certificates of insurance in a form acceptable to County upon execution of this Agreement. Each such certificate shalt provide that County shall receive thirty (30) days prior written notice of cancellation of such insurance coverage. 4 fhc amOi1111S l'nUlml'1'flted tll tI71S 1(1SU1'at7Ce pl"OVIS1Un 1"Cp1'CSCRC OIII\' II1C 1111n1mnnl II1StIraI1CC required by the County, and Provider should 1•cly on its expertise to obtain additional insurance coverage needed ti>r the County and Provider in its performance hereunder. The Provider's liability insurance must establish Eagle County as "additional insured." 1.5. CO>\TTDENTIALITY The Provider and County acknowledge that, during the term of this Agreement and in the course of the Provider rendering the Providcl's Services, the Provider and County may acquire knowlcdgc of the business O1Je1'at1o115 Ot the Ot11C1• pally nOt ge17e1•ally knoW11 deClmed COI111dCI1t1aI. ThC pa71iCS shall nOt dISCIOSC, USC, publish or othcl•wise reveal, either directly or through another, to any person, tine or corporation, any such confidential knowlcdgc or information and shall retain ail knowicd~e and information which he has acquired as the I'CSUIt Ot thls Agreement in tnlst in a fiduciary capacity for the sole benefit of the other pally during the telm7 of this Agreement, and for a period of five (5) years following termination of this Agreement. Any such information must be marked as confidential. The parties recognize that the County is subject to the Colorado Open Records Act and nothing herein shall preclude a release of information that is subject to the same. l6, PROHIBITIONS ON PUBLIC CONTRACT FOR SERVICES If Provider has any employees or subcontractors, Provider shall comply with C.R.S. ti 8-17.5-101, et seq., regarding Illegal Aliens -Public Contracts for Services, and this Contract. By execution of this Contract, Provider certifies that it does not knowingly employ or contract with an illegal alien who will perform under this Contract and that Provider will participate in the E-verify Program or other Depa1-tlnent of Labor a11d Employment program ("Department Program") in order to confirm the eligibility of all employees who are newly hired for employment to perform work under this Contract. (a) Provider shall not: (i) Knowingly employ or contract with an illegal alien to perform work under this contract for services; or (ii) Enter into a contract with a subcontractor that fails to certify to the Provider that the subcontractor shall not knowingly employ or contract with au illegal alien to perform work under the public contract for services. (b) Provider has confirmed the employment eligibility of all employees who are newly hired for employment to perform work under this Contract through participation in the E-verify Program or Department Program, as administered by the United States Department of Homeland Security. Information on applying for the E-verify program can be found at: http:/l~v~vw.dhs.gov/xprcvurot/pro>;ramsis;c 1 185221678150 shtm (c) The Provider shall not use either the E-verify program or other Department Program procedures to undertake pre-employment screening of job applicants while the public contract for services is being performed. (d) If the Provider obtains actual knowledge that a subcontractor performing work under the public contract for services knowingly employs or contracts with an illegal alien, the Provider shall be required to: 5 (i) Notiiy the subcontractor and the County within three (;) days that the Provider has actual knowlcd~~c that the subcontractor is cmployin~~ or contracting with an illegal alien; and (ii) Terminate the suhcontact with the subcontractor if within three (~) clays of receiving the notice required pursuant to subparagraph (i) of paragraph (d) the subcontractor does not stop employin~l or contracting with the illctal alien; except that the Provider shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. (c) The Provider shall comply with any reasonable request by the Department of Labor and CmploylnCllt made 111 the COllI•SC Ot all 111vCStgatl0^ that the depar'tlnCllt rS lrndel•[ilklllg pursuant to its authority established in C.R.S. ti ~-17.5-1020). (t~ If a Provider violates these prohibitions, the County may terminate the contact for a breach of the conh•act. If the contract is so terminated specitically for a breach of this provision of this Contact, the Provider- shall be liable for actual and conseducntial damages to the County as required by law. (g) The County will notify the office of the Colorado Secretary of State if Provider violates this provision of this Contract and the County terminates the Contract for such breach. l7. SOLE SOURCE GOVERNMENT CONTRACTS If the Provider has entered into a sole source govenvnent contract or contracts with the State of Colorado or any of its political subdivisions as detincd in Article XXVIII of the Colorado Constitution which including this contract in the aggregate on an annual basis are equal to or exceed the amount of $100,000, then the following provisions apply: (a) Because of a presumption of impropriety between contributions to any campaign and sole source government contracts, Provider, on behalf of itself, any person who controls ten percent or more of the shares of or interest in the Provider, and the Provider's officers, directors and trustees (collectively, the "Contract Holder") shall contractually agree, for the duration of the contract and for two years thereafter, to cease making, causing to be made, or inducing by any means, a contribution, directly or indirectly, ou behalf of the Contractor Holder or on behalf of his or her imrnediatc family member and for the benefit of any political party or for the benefit of any candidate for any elected office of the state or any of its political subdivisions. (b) The parties fiu-ther agree that if a Contract Holder makes or causes to be made any contribution intended to promote or influence the result of an election on a ballot issue, the Contract Holder shall not be qualified to enter into a sole source government contract relating to that particular ballot issue. (c) The parties agree that if a Contract Holder intentionally violates sections 15 or• 17(2) of Article XXVIII of the Colorado Constitution, as contractual damages that Contract Holder shall be ineligible to hold any sole source 6 government conu•act, o-• public employment with the state or any of its political subdivisions, for three years. (d) The Conu~act I-lolder agrees to comply with the summary and notice provision of Section 16 of Article XXVIII of the Colorado Constitution. (e) Thcsc provisions shall not apply to the extent they have been cn_joined or invalidated by a court of competent jurisdiction. (~ All terms used in this Section and not otherwise defined in this Agreement shall have the same meaning as set forth in Article XXVIII of the Colorado Constitution. 18. DELIVERY OF NOTICES All ^otices under this Agreement will be delivered in person or by certified mail to an authorized representative of the party to whom delivery is made at the place of business of that party, or to any other place specifically designated by the party. With a copy to: Eagle County Attorney's Office PO Box 850 Eagle, CO 81631 19. ENTIRE AGREEMENT; SEVERABILITY This Agreement embodies the entire Agreement between the parties. It may not be modified or terminated except as provided herein or by other written agreement. If any provision of this Agreement is deemed invalid it shall be considered deleted from this Agreement, and shall not invalidate the remaining provisions. 20. AUTHORITY TO EXECUTE Each party warrants to the other that is has full authority to execute this Agreement. 21. EXECUTION OF AGREEMENT This Agreement is not binding on either party until executed by a properly authorized representative of each party, and wail the Kiosk is placed and is operable. PROVIDER: Executed or~~ ~~ ~~ For: Continental Prison Systems, Inc. DBA EZ CARD AND KIOSK. By ; on Hodge, C O/President COUNTY: Executed on '~3' For: Eagle County Sheriff By Joe H a 7