The URL can be used to link to this page

Browse Search

Home My WebLink About20131288.tiffRESOLUTION RE: APPROVE AGREEMENT FOR GPS INSTALLATION AND SERVICE ON COURT TRANSPORT VEHICLES AND AUTHORIZE CHAIR TO SIGN - GPS INSIGHT, LLC 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, the Board has been presented with an Agreement for GPS Installation and Services on Court Transport Vehicles between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and GPS Insight, LLC, commencing upon full execution, and ending December 31, 2015, with further terms and conditions being as stated in said agreement, and WHEREAS, after review, the Board deems it advisable to approve said agreement, 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 Agreement for GPS Installation and Services on Court Transport Vehicles between the County of Weld, State of Colorado, by and through the Board of County Commissioners of Weld County, on behalf of the Sheriff's Office, and GPS Insight, LLC, be, and hereby is, approved. BE IT FURTHER RESOLVED by the Board that the Chair be, and hereby is, authorized to sign said agreement. The above and foregoing Resolution was, on motion duly made and seconded, adopted by the following vote on the 29th day of May, A.D., 2013. BOARD O OUNTY COMMISSIONERS WELD ITY, COLORADO ATTEST1'A ° V Weld County Clerk to the B JUN 1 2 2013 Date of signature: 1 &rc(3 St (s+t -titre 6.) 51 a Sean P. Conway Barbara Kirkmeyer mt. kavi 2013-1288 SO0034 CONFIDENTIAL INFORMATION Company Name: Weld County Colorado MONITORING TERMS AND CONDITIONS 1/ FCC COMPLIANCE: Customer agrees to accept full responsibility for compliance with all FCC rules and regulations that apply to all Authorized Units, regardless of whether such units are licensed by the FCC to Customer or Company. Customer agrees to faithfully and accurately report in writing the actual number of units in Customer's possession, upon request of the FCC or Company. 2/ COMPANY'S OBLIGATION -RISKS OF FAILURE: Company's obligation concerning the provision of service is to provide non-exclusive use of the network on an as available shared basis. Customer is aware that service disruptions can occur due to storm damage or other acts of god, coverage area, or availability of air time. These risks were taken into account by Customer before entering into this Agreement. 3/ REPAIRS, TECHNICAL ADJUSTMENTS: In the event Customer requests Company to correct a technical difficulty and the problem is found to be with the Customer's own equipment and exceeds the manufacturers warranty or is malfunctioning due to physical damage, Customer agrees to pay Company its customary charge for all technical time expended. All charges for repairs and technical adjustments are at all times the Customer's responsibility and Customer agrees to pay Company for all such services it performs for Customer at its current rates. 4/ SOLE AGREEMENT -NO OUTSTANDING CLAIMS: Customer acknowledges that this Agreement is independent of and not conditional upon any other agreement between Customer and any other person (including Company) concerning the maintenance or operation of Customer Units to be used by Customer. No oral statements, understandings or modifications shall be binding on either party unless reduced to in writing which expressly references this Agreement and is executed by authorized representatives of both parties. 5/ DEFAULT: There shall be deemed to be a default of this Agreement by Customer; (a) if Customer shall fail to make any payment hereunder when due, (b) if Customer shall fail to perform any of the terms or conditions herein, and such failure shall continue uncured for ten (10) days after written notice thereof to Customer by Company, or (c) if Customer becomes insolvent or if a petition is filed by or against Customer under any provisions of the Federal Bankruptcy acts. In the event of a default as described above, Company may at its option, declare the entire amount of payments for the Initial Term or any Renewal Term shall GPS Insight, LLC Tel: 866-477-4321 Fax: 480-513-1694 2013-1288 CONFIDENTIAL INFORMATION Company Name: Weld County Colorado immediately become due and payable in full and/or disconnect Customer's access. Customer agrees that any delay or failure to enforce Company's rights under this Agreement does not prevent Company from enforcing any rights at a later time. In the event that Company shall find it necessary to retain an attorney and/or a collection agency to pursue the recovery of Monies due, Company shall be entitled to reasonable attorney's fee and reasonable costs of collection, whether by trial, arbitration or settlement, and the costs of suit. 6/ TERM AND RENEWAL: The parties will enter into a month -to -month agreement, wherein device deactivations and reactivations are subject to the following device specific criteria: For all devices except the GPS Insight 3500 series: (a) Deactivation/Reactivation of a device will incur a $10 administrative fee, respectively. (b) In order for a deactivation request to take effect in a given month, Customer must provide written (electronic) notification more than 2 business days prior to the final day of the month. Failure to provide timely notification will result in billing for the respective device through the end of the following month. No service credits will be issued for device deactivation in a given month. (c) Reactivation requests will be handled within 2 business days, and billing will begin at a pro -rated charge of $0.99/day through the end of the month in which the device(s) is reactivated, followed by subsequent monthly billing. For 3500 series devices: (a) All 3500 series devices are subject to a one year term upon activation. 30 day written (electronic) notification is required for deactivation. Failure to provide timely notification will result in billing for the respective device through the end of the following month. No service credits will be issued for device deactivation in a given month. (b) A deactivation fee of $100 will be charged for all device deactivations prior to the completion of the one year term. (c) Reactivation requests will be handled within 2 business days, and billing will begin at a pro -rated charge of $1.15/day through the end of the month in which the device(s) is reactivated, followed by subsequent monthly billing. 7/ TAXES AND FEES: Customer agrees, upon written notice, to pay all taxes and fees charged, assessed or levied by any governmental agency or any public utility in connection with Customer's use of the service. Customer agrees to reimburse Company for any advancement of such fees made by Company on behalf of customer. 8/ API TERMS: GPS Insight Customers may access their GPS Insight account and its data via our API (Application Program Interface). Any use of the API, including use of the API through a third -party product that accesses GPS Insight, is bound by the general GPS Insight Terms of Use plus the following specific terms: GPS Insight, LLC Tel: 866-477-4321 Fax: 480-513-1694 2 CONFIDENTIAL INFORMATION Company Name: Weld County Colorado 1, You expressly understand and agree that GPS Insight shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if GPS Insight has been advised of the possibility of such damages), resulting from your use of the API or third -party products that access data via the API. 2. Abuse or excessively frequent requests to GPS Insight via the API may result in the temporary or permanent suspension of your account's access to the API. GPS Insight, in its sole discretion, will determine abuse or excessive usage of the API. GPS Insight will make a reasonable attempt via email to warn the account owner prior to suspension. GPS Insight reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice. 9/ RATE INCREASES: Company guarantees agreed upon pricing through 24 months from the purchase date, at which time a rate increase will not result in more than the greater of a 5% price change or the percentage change in the CPI for the 2 year period ending 12/31/2015, and subsequent years thereafter. 10/ GOVERNING LAW, SEVERABILITY, WAIVER, ASSIGNMENT, NOTICE AND MISC PROVISIONS: The parties here to agree that this Agreement is governed by the laws of the state in which the Customer is located. Any provision of this Agreement which is unenforceable shall be ineffective to the extent only of such unenforceability without invalidating the remaining provisions of this Agreement. The waiver of any term or provision herein shall not constitute the waiver of any other terms or provision. This Agreement is not assignable by Customer in whole or in part. This Agreement may be assigned by Company. Upon such assignment by Company and the assumption of Company's obligations hereunder by the transferee, Company shall be released from any further obligations hereunder arising after such assignment and the rights of any transferee will not be subject to any claims, defenses, or offsets that Customer may claim against Company. Time is of the essence. Any notice or demands to be given to Company or Customer shall be made by Fax or US Mail to their respective address. Company or Customer may notify the other at any time of a change of address for future notice purposes. GPS Insight, LLC Tel: 866-477-4321 Fax: 480-513-1694 3 CONFIDENTIAL INFORMATION IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this Agreement on the date(s) appearing below. AGREED TO AND ACCEPTED AS STATED ABOVE: ATTEST: Weld County Clerk to the Board By: Deputy Clerk GPS Insight, LLC: Name: / er 1( ` / Ty Mortensen, National Account Manager 21803 N. Scottsdale Rd. Scottsdale, AZ 85255 480.663.9465 tyler.mortensen@gpsinsight.com Date: the Board - «(3 "WELD COUNTY" COUNTY OF WELD, a political subdivision of the,8ite of Colorado By: William Garcia, Chairman Board of County Commissioners of the County of Weld MAY 2 9 2013 4 C/J- / J'8 ORDER FORM GPS Insight, LLC 21803 N. Scottsdale Rd. Suite 220 Scottsdale, AZ 85255 (866) GPS-432 I Fax (480) 515-1415 orders@gpsinsight.com Bill To (must be legal name): Contact Name Chris Meyer Company Weld County Colorado DBA Address 1950 "0" Street City, State, Zip Greeley, Co 80632 Phone 970-313.3209 Fax Billing Email cmeyer@co.weld co.us Sales Rep Tyler Mortensen Ship To: (Cannot be I'D Box) Attention Chris Meyer I N S I 1-I t Company Weld County Colorado Address 1950 "0" Street Address 2 City, State, Zip Greeley, Co 80632 Phone 970-313-3209 Fax Tracking Email cmeyer@co.weld.co.us Time Zone Mountain Standard Time Comments Installations will be provided by and paid to G4S at the rate of $60 per vehicle Hardware Product Name GPSI 3900E Garmin 2555 LM Garmin FMI Cable Driver ID Kit 1 Extra Key Fobs Quantity 10 10 10 10 15 Qty Total 40 Shipping Rate $3 Price $325 $159.95 Included $25 $5 Installation Shipping Hardware Total Line Total $3 250 $1,599.50 40 r $250 $75 G4SJ $120 $5,379.50 (plu.I applicable sales fax: AZ. CA. IL. OK) Note: Manufacturer's warranty is one year parts and labor from activation date (see Terms and Conditions). A 1 year extended warranty is available for $25 per unit. A 2 year extended warranty is available for $60 per unit. Service Update Rate 2 Minutes I Billing Period Monthly Quantity 10 J Price I $27 95 Billing Period Service Total Line Total $279.50 5279.50 Terms and Conditions: Payment by credit card or check is required prior to shipment or delivery. Monthly tees are due in advance by credit card or check. Devices are shipped "cold" and billing will begin upon activation. All charges incurred not paid w ithin 30 days of bill date will be assessed a Finance Charge at the rate of 1.5% per month. Returns in the first 30 days are subject to a IOW* re -stocking fee if the units have not been installed and registered for testing/trial purposes. Hardware costs are nun -refundable alter the 30 day moncy-back guarantee period. I lnless otherwise noted. optional enhancements are not included in the monthly tiers ice cost shown above. Pricing for optional enhancements is as ailable at www.gpsinsight.com. 1 CONFIDENTIAL INFORMATION IN WITNESS WHEREOF, the parties, by their duly authorized representatives, have executed this Agreement on the date(s) appearing below. AGREED TO AND ACCEPTED AS STATED ABOVE: ATTEST .._ Weld County Clerk to the Board By: Deputy Clerk t: the Board GPS Insight, LLC: Name: Ty ortensen, National Account Manager 218 3 N. Scottsdale Rd. Scottsdale, AZ 85255 480.663.9465 tyler.mortensen@gpsinsight.com Date: S ' . c> 23 13 "WELD COUNTY" COUNTY OF WELD, a political subdivision oft to of Colorado By: CONFIDENTIAL INFORMATION William Garcia, Chairman Board of County Commissioners of the County of Weld MAY 292013 Hello