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Home My WebLink About20051024 RESOLUTION RE: APPROVE PREPAID COMMISSION ADDENDUM TO FACILITY INMATE SERVICES AGREEMENT AND AUTHORIZE CHAIR TO SIGN - EVERCOM SYSTEMS, INC. WHEREAS,the Board of County Commissioners of Weld County, Colorado, pursuant to Colorado statute and the Weld County Home Rule Charter, is vested with the authority of administering the affairs of Weld County, Colorado, and WHEREAS, on December 27, 2004, the Board approved a Corrected Facility Inmate Services Agreement, Document#2004-3593, between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, and Evercom Systems, Inc., and WHEREAS,a hearing before the Board was held on the 23rd day of March,2005,at which time the Board deemed it advisable to continue said matter to March 28, 2005 at 9:00 a.m., and WHEREAS,after review,the Board deems it advisable to approve said addendum,a copy of which is attached hereto and incorporated herein by reference. NOW,THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Weld County,Colorado,that the Prepaid Commission Addendum to Facility Inmate Services Agreement between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Weld County Sheriffs Office, and Evercom Systems, Inc., be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is,authorized to sign said addendum. The above and foregoing Resolution was,on motion duly made and seconded,adopted by the following vote on the 28th day of March, A.D., 2005. BOARD OF COUNTY COMMISSIONERS E MAL �WELD COUNTY, COLORADO • T• YC i -•�,� William H. rke, Chair 1861 1Ye b�' dQty Clerk to the Board �� M. J. eile, Pro-Tem Deputy Clerk to the Board EXCUSED Day' E. ong �� ED A M: C • Robert D. Masden County A brney EXCUSED Glenn Vaad Date of signature: 04A5` 2005-1024 SO0026 m) EVERCOM Prepaid Commission Addendum to Facility Inmate Services Agreement This Prepaid Commission Addendum to Facility Inmate Services Agreement (this "Addendum") is made as of 1/1/2005 (the "Addendum Effective Date") and is attached to, and made a part of, that certain Facility Inmate Services Agreement dated as of 1/1/2005 (as amended and assigned, the "Agreement") between Weld County North Jail Complex ("Customer") and Evercom Systems, Inc. ("Evercom"). The terms and conditions of the Agreement are incorporated in this Addendum by reference. Any capitalized term used herein, but not defined, shall have the meaning set forth in the Agreement. In consideration of the mutual covenants, representations, promises, obligations and other valuable consideration, the receipt and adequacy of which is hereby acknowledged, the parties agree as follows: 1. Prepaid Commission. Within 30 days after the installation of the Equipment (if the Agreement is a new agreement) or within 30 days after the Addendum Effective Date (if the Agreement is a renewal of an existing agreement), Evercom shall pay to Customer an advance payment of Commission in the amount of $150000 (the "Prepaid Commission"). 100% of the monthly Commissions earned shall be credited against the Prepaid Commission. If the monthly Commissions earned exceed the amount of the Prepaid Commission remaining, Evercom will thereafter pay the monthly Commissions earned directly to the Customer on a monthly basis. If this Agreement is terminated for any reason other than Evercom's default, Customer shall refund any unearned portion of the Prepaid Commission as of the date of the termination within 15 days after the date of the termination. 2. Ratification and Entirety. Except as provided in this Addendum, all the terms and conditions of the Agreement are hereby ratified and shall remain in full force and effect. This Addendum and the Agreement, together with all supplements, exhibits and schedules thereto, shall embody the final, entire agreement among the parties hereto and supersede any and all prior commitments, agreements, representations and understandings, whether written or oral, relating to the Agreement or this Addendum, and may not be contradicted or varied by evidence of the prior, contemporaneous, or subsequent oral agreements between the parties hereto. IN WITNESS WHEREOF, the parties have caused this Addendum to be executed as of the Addendum Effective Date by their duly authorized representatives. CUSTOMER: EVERCOM: Weld County North Jail Complex Evercom Systems, Inc. By: z[6�" By: Name: William H. Jerke Nam : v 4 L/A" Title: Chair. Weld County Board Title': of Commissioners (03/28/2005) s tory m t be a SWor officer of Evercom Systems,Inc. Prepaid Commission Addendum-Page 1 of 1 ©Evercom Systems, Inc.-Proprietary&Confidential-Form 5.20.04 2z5 - /c`;t'/ Hello