6. Sheriff-work release program monitoring bracelets
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6. Sheriff-work release program monitoring bracelets
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SCHEDULE G <br /> SCRAM One -Piece GPSTM <br /> to the <br /> AGENCY PRODUCTS AND SERVICES AGREEMENT <br /> Agency: Cass County Sheriff's Office <br /> This SCHEDULE G to the AGENCY PRODUCTS AND SERVICES AGREEMENT (the "Agreement is entered into <br /> on the Effective Date by and between ALCOHOL MONITORING SYSTEMS, INC., CAMS and the Agency identified <br /> above. This Schedule is incorporated by reference into the Agreement dated January 1, 2014 executed by the <br /> parties. All other terms and conditions of the Agreement that are not in conflict with the terms of this Schedule are <br /> hereby ratified. Each capitalized term herein shall have the meaning assigned to it in the Agreement. <br /> 1 GENERAL SCOPE OF AGREEMENT <br /> Subject to the terms and conditions of the Agreement, Agency shall have the option to rent the SCRAM One -Piece <br /> GPS Equipment, purchase related Parts, and receive Monitoring Services from AMS to enable Agency to acquire and <br /> track geophysical information regarding its Clients solely in the Territory specified herein. <br /> 2 COMMERCIAL TERMS <br /> 2.1 Equipment. Agency may rent the Equipment for the Daily Fees specified herein. Daily Fees also <br /> include the Services specified herein. Daily Fees will be invoiced to Agency for any Equipment assigned to a Client <br /> and accessing the Services during any portion of a month. Agency shall use the AMS Equipment Order Form for <br /> additional Equipment subsequently rented by Agency during the Term. <br /> 2.2 Shipments and Spare Equipment Fees. Agency shall have no more than 20% of their total Equipment <br /> units as spare inventory. If Agency has in excess of 20% spare inventory, Agency will be required to return the <br /> overage. After the first 90 days from the Effective Date, should the Agency maintain less than an 80% utilization rate <br /> and has not returned sufficient excess Equipment to AMS such that the month end utilization rate is 80% or greater, <br /> AMS reserves the right to charge a $1.50 daily shelf fee for each of the unassigned GPS equipment. Agency shall be <br /> responsible for all shipping fees related to any shipments of the Equipment or Parts, including new orders and <br /> returns. <br /> 2.3 Delivery Terms. Products ordered by Agency shall be delivered FOB to Agency's designated facility at <br /> Agency's expense. AMS shall determine the type of packaging, mode and time of transportation. <br /> 3 SERVICES AND SUPPORT <br /> 3.1 Access to Monitoring Software. Subject to the terms and conditions of the Agreement, AMS hereby <br /> grants to Agency a limited, non exclusive, non transferable, royalty- bearing license to access the Monitoring Software <br /> through the Internet solely for the purpose of tracking and monitoring Clients with Equipment. Further, unless <br /> otherwise expressly agreed to by the parties, AMS is not obligated to and will not provide Services for any Equipment <br /> not purchased or rented by Agency directly from AMS. The Monitoring Software shall be made available to Agency <br /> on -line at htto:/ /www.omnilink.com /focalpoint (or such other URL or URLs as AMS may designate from time to time). <br /> 3.2 Technical Support. AMS agrees to provide to Agency standard telephone customer support for <br /> problems with Equipment and the Monitoring Software twenty -four (24) hours a day, seven (7) days a week. Agency <br /> will obtain from AMS the necessary training in the installation and use of Equipment and the Monitoring Software to <br /> be provided by AMS at the then current AMS hourly rate. <br /> 3.3 Site Backup. Agency is encouraged to back up its data. AMS will archive and maintain location history <br /> and transaction activity generated by the Monitoring Software for Clients for twelve (12) months. <br /> 4 WARRANTIES <br /> 4.1 Monitoring Software. AMS warrants to Agency that the Monitoring Software will operate in substantial <br /> conformity with the applicable documentation provided by AMS. For any breach of this warranty, Agency's sole and <br /> exclusive remedy and AMS' sole and exclusive liability shall be (i) for AMS or its third party suppliers to correct any <br /> reported failure in the Monitoring Software causing a breach of this warranty, or (ii) If AMS or its third party suppliers <br /> are unable to correct the breach within thirty (30) days, Agency may receive a refund of all Fees paid for the affected <br /> Equipment(s) to AMS for the time period of the failure. <br /> Alcohol Monitoring Systems, Inc. 1 Confidential <br /> Agency Products and Services Agreement Schedule G Rev. 06/13 <br />
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