CM-13-11-199ROUND ROCK, TEXAS
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City of Round Rock
Agenda Item Summary
Agenda Number:
Title: Consider executing a GPS Tracking and Service Agreement with Premier
GPS Tracking for participation in their vehicle tracking program.
Type: City Manager Item
Governing Body: City Manager Approval
Agenda Date: 11/1/2013
Dept Director: Chad McDowell, Director of General Services
Cost: $7,099.00
Indexes: General Fund
Attachments: LAF, Sales Quote, Terms and Conditions
Text of Legislative File CM -13-11-199
Network Fleet is a leading provider of service for remotely monitoring the performance and
location of fleet vehicles. With this GPS service we can benefit by reducing costs and
improve productivity by providing remote online access to detailed vehicle information
ranging from vehicle location to fuel efficiency data. GPS will allow us to access vehicle
location, stops, idling and mileage. This system will also give diagnostic codes when a
repair or maintenance needs to be done on a vehicle.
This agreement will be primarily for General Services and Finance Department for now.
Staff Recommends Approval
City of Round Rock Page 1 Printed on 10/31/2013
CONTRACT APPROVAL FORM FOR CITY MANAGER ACTION
Required for Submission of Specific City Manager Items
Department Name: General Services
Project Mgr/Resource: Marshall Reynolds
[City Manager Approval
CMA Wording
Project Name: GPS Tracking Agreement
ContractorNendor: Premier GPS Tracking
Consider executing a GPS Tracking and Service Agreement with Premier GPS Tracking for participation in their vehicle tracking
program.
Approval
xDEmployee EE BowdeDate September 25, 2013
Notes/Comments
Premier GPS Tracking
5535 Memorial Dr.
Suite F-451
Houston, TX 77007
SALES QUOTE
neml. - - ), , David Moore
cnger_ t;, j -� 281-960-1600
dmooreapremiergpstrackinq.com
Quote Prepared for:
Marshall Renolds
City of Round Rock
512-218-5571
mreynoldst roundrocktexas.gov
Hardware and Monthly Service Pricing
All prices subject to applicable state and local taxes (not included).
NETWORKFLEET HARDWARE
Quantity I
Descri •tion
20 GPS/Diagnostic Unit
Unit Price Extended
329.00 $ 6,580.00
$ -
$
$
Self -Installed Hardware Total: $ 329.00 $ 6,580.00
NOTES:
Third -party installation available: $90/unit - vehicles and $125/unit - equipment
NJPA Contract # 051613 - NWF
NETWORKFLEET MONTHLY SERVICE (12 month term)
Quantity Description
Unit/Month Extended
20 Vehicle Monitoring (GPS + Diagnostics) $ 25.95 $
$
Monthly Monitoring Service Total: $ 25.95 $ 519.00
Optional Equipment Lease Payment (36 month term, $1.00 buyout): $ 209.24
Total Monthly Payment: $ 728.24
Monthly Payment per Unit (36 months): $ 36.41
Monthly Payment per Unit after 36 months : $ 25.95
519.00
LEASE NOTES:
Estimated payments shown are for companies in business 2 years or more.
Subject to credit approval and receipt of required documents.
Documentation fee up to $95 required
PREMIER GPS TRACKING
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Premier GPS Tracking GPS & Diagnostics Terms & Conditions
Please read this agreement carefully ("Premier GPS Tracking Terms & Conditions") that govems your use of the
Premier GPS Tracking device and your receipt of the Premier GPS Tracking ("Service") from Premier GPS Tracking
("Premier GPS Tracking", "we", "us"). The Premier GPS Tracking device and the Premier GPS Tracking Service are
collectively referred to as the "Premier GPS Tracking." Premier GPS Tracking has a contractual agreement with
Networkfleet and functions as a value-added reseller of all Networkfleet products and services. All reference here
forth to Premier GPS Tracking services and/or systems will be interchangeable with "Networkfleet" services and/or
systems.
1. Right to Use the Premier GPS Tracking System. Subject to these Premier GPS Tracking Terms and Conditions,
Premier GPS Tracking grants you a non-exclusive right to use the Premier GPS Tracking System and its software
("Software") provided to you as part of this Service for the purposes described in these Premier GPS Tracking
Terms and Conditions.
2. Refunds. YOU UNDERSTAND THAT IT IS OUR POLICY NOT TO REFUND ALL OR ANY PART OF
SUBSCRIPTION FEES PAID TO US.
3. Services offered by Premier GPS Tracking. As a part of the service Premier GPS Tracking /Networkfleet will
periodically collect data from the Premier GPS Tracking installed in your vehicle (your "System Data") and provide
this data in a usable form to you through a Web site located at: Networkfleet.com (our "Site"). Our Site offers you
access to a number of services which may change from time to time but currently include: transmitting locations -
based Global Positioning System ("GPS") data to determine your vehicle's location (for emergency/roadside
assistance and stolen -vehicle recovery); "Asset Tracker" (a service that allows you or someone authorized by you
to locate your vehicle using our Site); "Onboard Technician" (a service that informs you if your Premier GPS
Tracking System detects a potential problem with your vehicle and provides a summary of your vehicle's diagnostics
as read by the Premier GPS Tracking GPS & Diagnostics System; "Service" (a web page that displays your
vehicle's service history); and "Recalls" (a service that alerts you to your vehicle's recalls as determined by the
National Highway Traffic Safety Administration). Any changes to the Service will be posted on our Site.
A. NOTICE: IN ORDER TO USE THE SERVICE AND OUR SITE, YOU AGREE TO BE BOUND BY OUR
WEB SITE PRIVACY POLICY AND WEB SITE TERMS AND CONDITIONS OF USE, BOTH OF WHICH
YOU CAN ACCESS ON OUR SITE AND WHICH MAY CHANGE FROM TIME TO TIME. IF WE CHANGE
OUR WEB SITE PRIVACY POLICY OR WEB SITE TERMS AND CONDITIONS OF USE IN ANY
MATERIAL WAY, WE WILL NOTIFY YOU AT LEAST SIXTY (60) DAYS IN ADVANCE OF SENDING A
NOTICE TO THE EMAIL ADDRESS ASSOCIATED WITH YOUR PREMIER GPS TRACKING SYSTEM.
4. Services Offered by Others. Your System Data includes diagnostic and location -based data that is collected from
your Premier GPS Tracking System and transmitted to a secure (as described in Section 8) website. Automotive
service providers, such as automotive dealers and mechanics (collectively referred to herein as "Dealers") and
emergency/roadside assistance providers (collectively referred to herein as "Roadside Assistance Providers"), may
use this data as follows:
A. YOUR DEALER MAY ANALYZE VEHICLE DIAGNOSTIC INFORMATION FROM YOUR SYSTEM DATA
TO: (I) PROVIDE YOU WITH EMAIL UPDATES, CUSTOMER SERVICE TELEPHONE CALLS OR OTHER
NOTIFICATION REGARDING YOUR VEHICLE; (II) RECOMMENED THAT YOU BRING YOUR VEHICLE
IN FOR AUTOMOTIVE SERVICE, TUNE-UPS OR REPAIRS; AND (HI) PROVIDE YOU WITH OTHER
VEHICLE -RELATED SERVICE (COLLECTIVELY, "DEALER SERVICES").
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
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B. IF YOU REQUEST ROADSIDE ASSISTANCE PROVIDER SERVICES, THE ROADSIDE ASSISTANCE
PROVIDER MAY USE YOUR DATA TO DETERMINE YOUR VEHICLE'S LOCATION FOR ROADSIDE
ASSISTANCE OR TO TRACK A STOLEN VEHICLE ("LOCATION -BASED SERVICES")
C. NOTICE: YOU ACKOWLEDGE THAT PREMIER GPS TRACKING IS NOT RESPONSIBLE FOR OR
LIABLE FOR DEALER SRVICES OR LOCATION -BASED SERVICES.
D. NOTICE: YOUR PLAN INCLUDES FOUR (4) ANNUAL COMPLIMENTARY SERVICE CALLS PER YEAR
FOR A SPECIFIC VEHICLE CONTAINING A PREMIER GPS TRACKING SYSTEM. THE
COMPREHENSIVE LIST OF ROADSIDE ASSISTANCE SERVICES AS FOLLOWS:
I. SERVICES PROVIDED BY ROADSIDE ASSISTANCE PROVIDER
1. TOWING
2. JUMPSTART
3. LOCKOUT
4. FLUID DELIVERY
5. TIRE CHANGE
6. WINCHOUT
II. RESTRICTIONS ON ROADSIDE ASSISTANCE
A. THE ROADSIDE ASSISTANCE PROVIDER WILL ARRANGE FOR A MEMBER'S
VEHICLE TO BE TOWED, AT NO EXPENSE TO THE MEMBER, TO A LOCATION NOT
MORE THAN 25 MILES FROM THE SPOT WHERE THE TOW ORIGINATED. ANY
DISTANCE IN EXCESS OF 25 MILES WILL BE PAID FOR BY THE CUSTOMER TO
THE ROADSIDE ASSISTANCE SERVICE PROVIDER.
B. THE ROADSIDE ASSISTANCE SERVICE APPLIES TO THE VEHICLE WHICH HAS
PREMIER GPS TRACKING INSTALLED, NOT TO A PREMIER GPS TRACKING
CUSTOMER.
C. YOUR SERVICE INCLUDES FOUR (4) SERVICE CALLS PER YEAR. YOU WILL BE
FULLY CHARGED BY THE ROADSIDE ASSISTANCE SERVICE PROVIDER FOR
EVERY SERVICE CALL IN EXCESS OF FOUR (4) PER YEAR.
D. THE AMOUNT OF ANY ADDITIONAL SERVICE CALLS WILL VARY DEPENDING ON
THE TYPE OF ASSISTANCE RENDERED AND/OR THE DISTANCE A MEMBER'S
VEHICLE IS TOWED.
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING 4networkfleet
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5. Notices Regarding Location -Based Data
A. PREMIER GPS TRACKING, ITS PARTNERS, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS,
OFFICERS AND EMPLOYEES ("INDEMNIFIED PARTIES") SHALL NOT BE LIABLE FOR ANY CLAIMS,
LOSS, DAMAGES, OR COSTS WHATSOEVER THAT MAY RESULT FROM YOUR LOSS OF PRIVACY
OR YOUR OR ANYONE ELSE'S USE OF THE LOCATION -BASED DATA.
PREMIER GPS TRACKING AND INDEMNIFIED PARTIES SHALL NOT BE LIABLE FOR THE
ACCURACY OF ANY MAPS OR MAPPING SOFTWARE USED TO DISPLAY LOCATION -BASED DATA.
C, YOU UNDERSTAND THAT THE PREMIER GPS TRACKING SYSTEM USES WIRELESS MEANS TO
TRANSMIT THE LOCATION BASED DATA, AND THUS PRIVACY CANNOT BE GUARANTEED.
PREMIER GPS TRACKING WILL USE COMMERCIALLY REASONABLE EFFORTS TO PROTECT THE
DATA AND WILL TREAT IT AS DESCRIBED IN SECTION 8.
D. PREMIER GPS TRACKING RESERVES THE RIGHT TO RESTRICT YOUR ACCESS TO THE
LOCATION -BASED DATA IF IT IS DETERMINED THAT IT IS BEING USED IMPROPERLY OR IN
CONTRAVENTION OF THESE PREMIER GPS TRACKING TERMS AND CONDITIONS.
6. PRIVACY. WE WILL ONLY DISCLOSE YOUR PERSONALLY IDENTIFIABLE INFORMATION TO OTHERS TO
PROVIDE SERVICE AS DESCRIBED IN SECTIONS 4 AND 5 AND WHEN REASONABLY NECESSARY TO: (i)
enforce or apply the Premier GPS Tracking Terms and Conditions; (ii) defend against legal claims; (iii) protect the
rights, property, and safety of Premier GPS Tracking, our customers, or others; (iv) respond to court order,
subpoena, or other legal process; or (v) notify law enforcement authorities of any activities that we, in good faith,
believe to be unlawful.
A. VEHICLE TRACKING. AS DESCRIBED IN SECTION 4, LOCATION -BASED DATA TRANSMITTED BY
YOUR PREMIER GPS TRACKING SYSTEM MAY BE USED BY A ROADSIDE ASSISTANCE PROVIDER
FOR PURPOSES RELATING TO ROADSIDE ASSISTANCE OR RECOVERY OF A STOLEN VEHICLE
B. AGGREGATED DATA. WE MAY COMBINE YOUR SYSTEM DATA WITH THAT OF OUR OTHER
CUSTOMERS TO SHARE IN AN AGGREGATED, NON -PERSONALLY IDENTIFIABLE FORM WITH
CERTAIN THIRD PARTIES, SOME OF WHOM PROVIDE SERVICES TO YOUR DEALER, ROADSIDE
ASSISTANCE PROVIDER OR Premier GPS Tracking. WE MAY ALSO COMPILE YOUR SYSTEM DATA
AND SUBSCRIPTION DATA WITH THAT OF OUR CUSTOMERS TO ANALYZE FOR OUR INTERNAL
PURPOSES TO IMPROVE THE PREMIER GPS TRACKING SYSTEM AND OUR SERVICE.
7. PROTECTION OF DATA. The Premier GPS Tracking System employs industry -recognized information technology
to protect the security of the System Data, the Subscription Data and the Personally Identifiable Data that the
Premier GPS Tracking GPS & Diagnostics System collects from your vehicle. Our secure servers protect this
information using password protection and advanced encryption, and we may use firewall technology for additional
protection. Furthermore, all of the System Data Subscription Data and Personally Identifiable Date we collect are
protected against unauthorized access by physical security means.
Notice: IN ORDER TO USE THE SERVICES, YOU UNDERSTAND THAT THE PREMIER GPS TRACKING GPS
AND DIAGNOSTICS SYSTEM WILL USE COMMERICALLY REASONABLE EFFORTS TO PROTECT THE
DATA. HOWEVER, YOU ACKNOWLEDGE THAT THERE CAN BE NO ASSURANCE THAT THESE SECURITY
MEASURES WILL PREVENT THIRD PARTIES FROM INTERCEPTING DATA TRANSMITTED BY WIRELESS
TRANSMISSION THROUGH A CELLUAR NETWORK.
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713) 212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
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8. Personal ldenttfication Numbers (PIN), Passwords and Secret Questions. A PIN, password or "secret question"
may be required to access the Software and location -based data described above in Section 7. You can change
these at any time by contacting Networkfleet or by accessing the Networkfleet website. Failure to protect your PIN,
password or secret question, or improper use of the same, may result in termination of the service. You
acknowledge that you accept full responsibility for the use and protection of your PIN, Password or secret question,
and that Premier GPS Tracking is not responsible if an unauthorized party uses these in any way. You also consent
that vendors working with Premier GPS Tracking and Networkfleet (e.g., those providing roadside assistance) may
use your PIN, password, or secret question, and accept full responsibility for any services performed or data that
may be accessed resulting from using these constructs.
9. SURVEYS. By becoming a Premier GPS Tracking user, you agree that we may contact you by e-mail and mail to
invite your participation in surveys regarding your use, experience, enjoyment and acceptance of the Premier GPS
Tracking System and Service.
10. Restrictions on Use of the Premier GPS Tracking System: You agree that you shall not [and you shall not allow a
third party] to: (i) decompile, disassemble or otherwise reverse engineer the Premier GPS Tracking System or the
Software; (ii) remove any product identification or other notices or trademarks on the Premier GPS Tracking System
or the Software; or (iii) modify the Premier GPS Tracking System or the Software in any manner, including modifying
the Software or incorporating the software into or with other software.
11. PAYMENT. You agree to pay all fees due for the Premier GPS Tracking System and Service, including applicable
sales/use taxes, to Premier GPS Tracking. Monthly Monitoring Service subscription plan fees (Minimum twelve (12)
month service term required) will be paid directly to Premier GPS Tracking as specified in the monthly invoice.
Payment is due net fifteen days, delinquent at 30 days. You should avoid service interruption by submitting
payment before your account is considered delinquent. Failure to pay in a timely manner will be considered a
violation of these Terms & Conditions. You may choose to authorize electronic transfers to pay for the monthly
service fee. Credit card payments are accepted. IN CASE OF ANY SERVICE OR BILLING DISPUTE, YOU MUST
NOTIFY US IN WRITING NO LATER THAN 60 DAYS AFTER THE DATE OF THE ALLEGED BILLING ERROR.
FAILURE TO DO SO MAY WAIVE YOUR RIGHT TO FURTHER CONTEST THE DISPUTE. PLEASE INCLUDE
YOUR ACCOUNT NUMBER AND A BRIEF SUMMARY OF THE DISPUTE. Notices or Billing Questions may be
sent to, Attention: Customer Service, Premier GPS Tracking, 5535 Memorial Dr. Ste. F-451 Houston, TX 77007.
A. CURRENT PRICING SCHEDULE IS ATTACHED HERETO AS "SCHEDULE A".
12. Term and Termination. Your right to use the Premier GPS Tracking System and the Premier GPS Tracking
Service begins on the date that you sign the Premier GPS Tracking registration form and lasts for the applicable
term. After that, you may continue to use the Premier GPS Tracking System and Service by paying the applicable
fees for the renewal Service subscription plan selected by you. The initial term and any renewal period are referred
to as the "Term". YOU MAY NOT CANCEL THIS AGREEMENT, OR YOUR OBLIGATION TO FULLY PAY FOR
THE PREMIER GPS TRACKING SYSTEM AND SERVICE, DURING THE TERM. You may, however, transfer the
Premier GPS Tracking Terms and Conditions by retuming your Premier GPS Tracking System to Premier GPS
Tracking and follow the procedures set forth below. Upon expiration or termination of the Premier GPS Tracking
Terms and Conditions, the provisions of Sections 5-16 shall survive. Premier GPS Tracking, in its sole discretion,
may immediately terminate your right to use the Premier GPS Tracking System, to receive the Service and to have
an account on our Site if you fail to comply with any term of the Premier GPS Tracking Terms and Conditions, or
have violated the law or the rights of Premier GPS Tracking.
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
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13. Transfer and Deactivation. Your PREMIER GPS TRACKING System transmits your vehicle's location and
diagnostic information, and is associated with an account that includes personal information such as your name,
address, telephone number, e-mail address, username and password. If you wish to transfer the PREMIER GPS
TRACKING System to another vehicle owned by you, you agree to have it moved from one vehicle to another
vehicle in accordance with the most recent deactivation/transfer policy posted on our site. The policy, which may
change from time to time, currently provides that you agree to notify PREMIER GPS TRACKING that you are
transferring your PREMIER GPS TRACKING System and Service by calling PREMIER GPS TRACKING at (713)
212-0800 and pay PREMIER GPS TRACKING the current, applicable transfer fee. The balance of your applicable
subscription term will be transferred to the new vehicle. Please contact PREMIER GPS TRACKING to determine
the transfer fee to be charged by PREMIER GPS TRACKING. If you transfer your vehicle and PREMIER GPS
TRACKING Service to a "buyer" (e.g., someone who purchases your vehicle), you must also deactivate (stop) your
PREMIER GPS TRACKING System and Service by calling PREMIER GPS TRACKING at (713) 212-0800, but you
will not be able to transfer the balance, if any, or your subscription term. This ensures that you do not have access
to the buyer's location and diagnostic information. PREMIER GPS TRACKING will assume no liability arising from
or related to any service interruptions or your loss of privacy resulting from your failure to transfer or deactivate your
Service according to PREMIER GPS TRACKING transfer polices located at: www.Networkfleet.com Your failure to
properly notify PREMIER GPS TRACKING may make you liable for any privacy claims resulting from your failure to
deactivate or improper deactivation of the Service. PREMIER GPS TRACKING shall not be liable for any claims,
Toss, damages, or costs that may result from a third party's loss of privacy resulting from your failure to deactivate
the service as described above.
14. Compliance with Laws. Regarding the PREMIER GPS TRACKING System, you agree to comply with all
applicable laws, statutes, ordinances, regulations, including but not limited to, all applicable export laws, restrictions,
national security controls and regulations of the United States and other applicable foreign agencies or authorities,
and not export or re-export, or allow the export or re-export of the PREMIER GPS TRACKING System or any copy
or direct product thereof or information or technology you obtain or learn pursuant to the PREMIER GPS
TRACKING Terms and Conditions in violation of any such restrictions, laws or regulations.
15. Copyright. The Software in the PREMIER GPS TRACKING System and any associated documentation that
PREMIER GPS TRACKING provides to you is protected by copyright. Networkfleet retains title to the Software and
any associated documentation. You may not copy or otherwise use the Software and any associated
documentation, in whole or part, except as permitted by Texas Terms and Conditions.
16. Limited Warranty. This warranty gives you specific legal rights and you may have other rights which vary from state
to state. PREMIER GPS TRACKING warrants that, at PREMIER GPS TRACKING discretion, it will either replace
or repair without charges, the PREMIER GPS TRACKING System installed in your vehicle if this unit proves to be
defective in material or workmanship for life of the unit from the date of installation. Please contact PREMIER GPS
TRACKING in order to repair or replace your PREMIER GPS TRACKING System. You must provide a dated proof
of purchase to PREMIER GPS TRACKING in order to have your PREMIER GPS TRACKING System repaired or
replaced. PREMIER GPS TRACKING System and parts which have been replaced become the property of
PREMIER GPS TRACKING and at the option of PREMIER GPS TRACKING may be removed or deactivated.
Professional installation by certified Networkfleet installation teams is available and recommended. Any installation
performed by Networkfleet Certified Installers is covered under a 1 -year warranty. De-installation/re-installation or
customer initiated swaps of Networkfleet Certified Installed units or attempted repair by any unauthorized person or
entity will render the installation warranty null and void as does customer misuse, abuse, or vandalism to both the
installation and device warranties. Any PREMIER GPS TRACKING System that malfunctions after the 1yr
installation warranty period will incur normal trip fees and labor fees. Any PREMIER GPS TRACKING System that
malfunctions after the 3 -year warranty period will be replaced or repaired at the owners expense.
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
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17. Disclaimers. YOU ACKNOWLEDGE THAT THE PREMIER GPS TRACKING SYSTEM IS A WIRELESS SYSTEM
AND THAT THE PREMIER GPS TRACKING SYSTEM CANNOT COLLECT DATA FROM THE PREMIER GPS
TRACKING SYSTEM ONCE IT TRAVELS BEYOND A CERTAIN RANGE. PREMIER GPS TRACKING DOES NOT
WARRANT THAT THE RECEIPT OF DATA FROM THE PREMIER GPS TRACKING SYSTEM WILL BE
UNINTERRUPTED OR THAT THE TRANSMISSION OF DATA FROM PREMIER GPS TRACKING SYSTEM TO
OUR SITE WILL ALWAYS BE TIMELY. YOU ACKNOWLEDGE THAT NEITHER THE PREMIER GPS TRACKING
SYSTEM NOR THE SERVICE SHALL PREVENT AND/OR DETECT ALL VEHICLE PROBLEMS, GUARANTEE
THAT YOUR VEHICLE WILL NOT BREAK DOWN OR GUARANTEE THAT YOU WILL NOT INCUR VEHICLE
REPAIR BILLS. YOU ACKNOWLEDGE THAT THE PREMIER GPS TRACKING SYSTEM SHOULD NOT BE USED
IN LIEU OF A VEHICLE WARRANTY OR STANDARD VEHICLE MAINTENANCE. YOU ACKNOWLEDGE THAT
THE PREMITER GPS TRACKING SYSTEM DOES NOT DETECT FAILURES IN INTERNALLY LUBRICATED
PARTS AND SYSTEMS NOT MONITORED BY YOUR VEHICLE'S COMPUTER. YOU ACKNOWLEDGE THAT IF
THE LOCATION -BASED DATA OR LOCATION -BASED SERVICES ARE USED TO ATTEMPT TO LOCATE A
VEHICLE (E.G. A STOLEN VEHICLE), PREMIER GPS TRACKING DOES NOT GUARANTEE THAT THE
VEHICLE WILL BE SUCCESSFULLY LOCATED AND/OR RECOVERED. IN THE EVENT THE PREMIER GPS
TRACKING SYSTEM OR THE SERVICE IS NOT ACTUALLY AVAILABLE OR IS NOT FUNCTIONING
PROPERLY, WE SHALL HAVE THE RIGHT TO REFUSE TO PROVIDE A REPLACEMENT PREMIER GPS
TRACKING SYSTEM OR SERVICE. WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-
DATE DATA AVAILABLE, DATA WE COLLECT FROM THE PREMIER GPS TRACKING SYSTEM INSTALLED IN
YOUR CAR MAY, AT TIMES, CONTAIN TECHNICAL INACCURACIES OR ERRORS, AND MAY BE CHANGED
OR UPDATED WITHOUT NOTICE. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE PREMIER GPS
TRACKING SYSTEM AND THE SERVICE ARE PROVIDED BY US ON AN "AS -IS" BASIS. TO THE FULL
EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AS TO THE
PREMIER GPS TRACKING SYSTEM AND THE SERVICE, AND THE DATA (INCLUDING ITS ACCURACY AND
AVAILABILITY), SERVICES OR MATERIALS INCLUDED OR OFFERED AS PART OF THE SERVICE. THE
ABOVE WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY ALSO HAVE OTHER RIGHTS
THAT MAY VARY FROM STATE TO STATE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSIONS
LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATION OR EXCLUSIONS MAY NOT APPLY TO
YOU. PLEASE CONTACT PREMIER GPS TRACKING IF YOU HAVE ANY QUESTIONS OR NEED FURTHER
INFORMATION.
18. Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW NEITHER PREMIER GPS TRACKING
(INCLUDING THE INDEMNIFIED PARTIES), NOR OUR WIRELESS DATA COMMUNICATIONS SERVICE
PROVIDER, SHALL HAVE ANY LIABILITY OF ANY KIND FOR ANY DAMAGES OTHER THAN ACTUAL
DAMAGES DIRECTLY AND PROXIMATELY RESULTING FROM THE FAILURE, DELAY, OR
NONPERFORMANCE OF THE SERVICE, OR WITH RESPECT TO ANY SUBJECT MATTER OF THE PREMIER
GPS TRACKING TERMS AND CONDITIONS. THE MAXIMUM COLLECTIVE LIABILITY OF PREMIER GPS
TRACKING AND OUR WIRELESS PROVIDER FOR SUCH DAMAGES SHALL BE LIMITED SOLELY TO ONE
HUNDRED DOLLARS ($100). NEITHER PREMIER GPS TRACKING (INCLUDING THE INDEMNIFIED PARTIES)
NOR OUR WIRELESS PROVIDER SHALL HAVE ANY LIABILITY, DIRECT OR INDIRECT, FOR ANY SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOST PROFITS, LOSS
OR GOODWILL, WORK STOPPAGE, VEHICLE OR VEHICLE COMPUTER FAILURE OR MALFUNCTION, LOSS
OF DATA, OR OTHER COMMERCIAL LOSS) DIRECTLY OR INDIRECTLY RELATING TO OR ARISING OUT OF
YOUR INABILITY TO USE THE SERVICES OR EQUIPMENT OR SOFTWARE, EITHER SEPARATELY OR IN
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713) 212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
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COMBINATION WITH ANY OTHER SERVICES, FACILITIES, EQUIPMENT, OR SOFTWARE, WHETHER OR
NOT PERFORMED OR PROVIDED UNDER THIS AGREEMENT, OR OTHERWISE RELATED TO ANY SUBJECT
MATTER OF THE PREMIER GPS TRACKING SYSTEM TERMS AND CONDITIONS, EVEN IF PREMIER GPS
TRACKING AND OUR WIRELESS PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.
PREMIER GPS TRACKING (INCLUDING THE INDEMNIFIED PARTIES) AND OUR WIRELESS PROVIDER
SHALL HAVE NO LIABILITY, EITHER DIRECT OR INDIRECT FOR ANY LOSS OR DIRECTLY OR INDIRECTLY
RELATING TO OR ARISING OUT OF ANY THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR DATA
TRANSMITTED OVER OR IN CONNECTION WITH THE SERVICES. ALL OF THE FOREGOING LIMITATIONS
AND EXCLUSIONS SHALL BE EFFECTIVE REGARDLESS OF THE FORM OF ANY ACTION, WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR
NOT SUCH DAMAGES WERE FORESEEN OR UNFORESEEN. EXCEPT FOR PAYMENTS DUE HEREUNDER,
PREMIER GPS TRACKING (INCLUDING THE INDEMNIFIED PARTIES) AND OUR WIRELESS PROVIDER
SHALL HAVE NO LIABILITY FOR ANY FAILURE OR DELAY DUE TO MATTERS BEYOND THEIR REASONABLE
CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
19. Indemnity. You agree to indemnify, defend and hold Premier GPS Tracking, the Indemnified Parties, agents and
other partners (including Dealers and Roadside Assistance Providers), harmless against all third party claims,
proceedings, demands and liabilities of any kind whatsoever, including legal expenses and reasonable attorneys'
fees, arising out of or relating to your use of the Premier GPS Tracking System or the Service, including but not
limited to installation or failure to transfer your Premier GPS Tracking System and Service and notify Premier GPS
Tracking of such transfer if you transfer your vehicle or arising from any breach of the Premier GPS Tracking Terms
and Conditions, and to pay all damages and costs awarded against Premier GPS Tracking.
20. General. You agree that any legal action brought against us shall be governed by the laws of the State of Texas,
without regard to conflict of law principles or the United Nations Convention on Contracts for the International Sale
of Goods. You agree that the sole jurisdiction and venue for any litigation arising from the Premier GPS Tracking
Terms and Conditions shall be an appropriate federal or state court located in Houston, Texas. We make no
representations that the Premier GPS Tracking System is appropriate for use outside the United States. Those who
choose to use the Premier GPS Tracking System outside the United States do so, on their own initiative and are
responsible for compliance with local laws. If any provision with the Premier GPS Tracking Terms and Conditions is
held to be invalid or unenforceable, such provision shall be limited, modified to affect the intent of the parties, or
eliminated to the minimum extent necessary so that this Agreement shall otherwise remain enforceable. You may
not assign the Premier GPS Tracking Terms and Conditions or any rights granted hereunder (and any attempt
assignment shall be void) without the prior written consent of Premier GPS Tracking. The Premier GPS Tracking
Terms and Conditions may be amended only by a written agreement embodying the full terms of the amendment
signed by authorized representatives of Premier GPS Tracking and you. The failure of Premier GPS Tracking to
enforce at any time any of the provisions of this agreement shall in no way be considered to be a waiver of such
provision or excuse a similar subsequent failure to perform any such term or condition by you.
21. (i) [END USER] HAS NO CONTRACTUAL RELATIONSHIP WITH THE UNDERLYING WIRELESS SERVICE
CARRIER AND [END USER] IS NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN
[CUSTOMERS] AND UNDERLYING CARRIER SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF
ANY KIND TO [END USER]. IN ANY EVENT, REGARDLESS OF THE FORM OF THE ACTION, WHETHER FOR
BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY IN TORT OR OTHERWISE, [END
USER's] EXCLUSIVE REMEDY FOR CLAIMS ARISING IN ANY WAY IN CONNECTION WITH THIS
AGREEMENT, FOR ANY CAUSE WHATSOEVER, INCLUDING, BUT NOT LIMITED TO PAYMENT OF
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
4 ne/workfleet
11 DRIVING BUSINESS
DAMAGES IN AN AMOUNT NOT TO EXCEED THE AMOUNT PAID BY [END USER] FOR THE SERVICES
DURING THE TWO (2) -MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE.
(11) [END USER] SHALL INDEMNIFY AND HOLD HARMLESS THE UNDERLYING WIRELESS SERVICE
CARRIER AND ITS OFFICERS, EMPLOYEES, AND AGENTS AGAINST ANY AND ALL CLAIMS, INCLUDING
WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, OR ANY PROPERTY DAMAGE, PERSONAL INJURY
OR DEATH, ARISING IN ANY WAY, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH THIS AGREEMENT
OR THE USE, FAILURE TO USE, OR INABILITY TO USE THE NUMBER EXCEPT WHERE THE CLAIMS
RESULT FROM THE UNDERLYING CARRIER'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT. THIS
INDEMNITY SHALL SURVIVE THE TERMINATION OF THE AGREEMENT.
(iii) [END USER] HAS NO PROPERTY RIGHT IN ANY NUMBER ASSIGNED TO IT, AND UNDERSTANDS THAT
ANY SUCH NUMBER CAN BE CHANGED FROM TIME TO TIME.
(iv) [END USER] UNDERSTANDS THAT [CUSTOMER] AND THE UNDERLYING CARRIER CANNOT
GUARANTY THE SECURITY OF WIRELESS TRANSMISSIONS, AND WILL NOT BE LIABLE FOR ANY LACK OF
SECURITY RELATING TO THE USE OF THE SERVICES.
(v) THE SERVICE IS FOR [END USER'S] USE ONLY AND [END USER] MAY NOT RESELL THE SERVICE TO
ANY OTHER PARTY.
(vi) [END USER] WILL NOT REMOVE OR OBSCURE ANY COPYRIGHT, TRADEMARK NOTICE, OR
RESTRICTIVE LEGEND.
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
networkfleer
11 DRIVING BUSINESS
SIGNATURE SECTION
Premier GPS Tracking Terms and Conditions Acceptance:
1/we agree to the Premier GPS Tracking Terms and Conditions outlined in this document, and certify that
I/we are authorized to sign this agreement on behalf of:
Company Name: City of Round Rock
901 Luther Peterson Place
Round Rock, TX 78664
Authorized Signature:
Date: 8-30-13
Title: t ik) Moavlxclef
Authorized Printed Name: Stt')1 % I yCr v. z1
Office#:
Mobile#:
# of units Unit Model Price per Unit
# of units Unit Model Price per Unit
# of units Unit Model Price per Unit
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax
PREMIER GPS TRACKING
networkfleet
► m DRIVING BUSINESS
SCHEDULE"A"
CURRENT PRICING SCHEDULE:
• WIRELESS SERVICE (2 MINUTE GPS UPDATE) —
o Minimum twelve (12) month service term required: $25.95 per unit, billed monthly.
• UNIT TRANSFER FEE: $45.95 PER TRANSFER FROM ONE VEHICLE TO ANOTHER
• UNIT INSTALL OR REMOVAL -
o $99.95 on vehicles + .60 per mile TRIP CHARGE on installations over 20 miles (N/A Self Installation)
o $125 on equipment + .60 per mile TRIP CHARGE on installations over 20 miles (N/A Self Installation)
• PROCESSING FEE FOR EARLY TERMINATION: $350.00 PER UNIT
• Above pricing does not include applicable taxes.
Authorized Signature:
Date V / d',;7/5
Premier GPS Tracking
5535 Memorial Dr. Ste. F-451
Houston, TX 77007
(713)212-0800 Office
1-888-215-6380 Fax