HomeMy WebLinkAboutALPR TRANSFER MODIFCATION 4 ROUTE1 2023________________________________________________________________________________
Public Works & Utilities │345 6th Street, Suite 100., Bremerton, WA 98337 * Phone (360) 473-5920 * Fax (360) 473-5398
Working for and with our residents to establish Bremerton as Puget Sound’s most beautiful and livable waterfront city!
Executive Correspondence Routing Memo
Date: 7/27/2023
Description: The purchase of ALPR for the Westward Go-4 downtown core parking
enforcement vehicle via the an amendment to the current iParq agreement no. 5982
Action Requested: Signatures
Originator: Melinda Monroe, Contracts Administrator
Approval / Recommendation:
Public Works Director/Street Operations Manager Signature on Agreement
Finance Director Via laserfiche
City Attorney: Via laserfiche
Mayor: Signature on agreement
City Clerk: Signature on agreement
City Clerk: Please return to Melinda Monroe once signed
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
Note: This Quote is good and valid for 15 days beyond the Quote Date.
Bill To Ship To TOTAL
Melinda Monroe- BremertonCity of Bremerton345 6th StSuite 100Bremerton WA 98337United States
City of Bremerton345 6th StSuite 100Bremerton WA 98337United States $2,439.76
Expiration Date: 10/12/2023
Terms Expiration Date PO #Sales Rep Shipping Method
Net 30 10/12/2023 Elton Crawford
Project Description
Change Order to Quote 408 - Adjustment for Sharp X and wheel imaging cameras
Other
1 Genetec SharpX Mobile LPR relocation kit with hard mount bracket kit (White).
Credit for Genetec SharpZ3 Mobile LPR relocation kit ($1,108.80)
1 GPS Antenna for AU-X-XPU-X1S-N or AU-X-XPU-X2S-N
2 AutoVu™ Tire Imaging external camera and cable kit, 1 (one) camera.
1 MOBILE - Road speed sensor with magnets and pick-up coil. Used for car with no speed sensor (hybrid).
Subtotal:$2,439.76
Tax Total (0%)$0.00
Total $2,439.76
The below Terms of Sale are an integral part of this quote. In order for this quote to be effective, the attached
Terms of Sale must be agreed to.
Customer Authorizing Party Signature: ________________________________________
Date of Signature: ________________________________________
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
9/26/2023
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
Terms of Sale
Route1 Inc. (“Route1”) is the parent company of operating subsidiaries Route 1 Security Corporation, Portable Computer Systems, Inc. doing business as PCS Mobile, Spyrus Solutions Inc., Group Mobile Int’l, LLC, DataSource Mobility, LLC and VetSource Mobility, LLC. (collectively the “Seller”). Each of these subsidiaries, as applicable, continue as valid parties to all agreements.
The submittal of a purchase order to the Seller by the customer referred to in the attached quote (the “Customer”, “Client” or the “Buyer”) referencing the Quote No. and the specifics from that Quote or a Customer Authorizing Party signature on the Quote, indicates acceptance of the below terms and conditions.
Please read these Terms of Sale (the “Terms of Sale”) carefully.
Except where indicated otherwise, these terms and conditions shall supersede any subsequent terms or conditions included with any purchase order. The Seller reserves the right to make changes to these terms and conditions at any time. In the event that there is any conflict or inconsistency between these Terms of Sale and any other terms of sale or use, these Terms of Sale will govern.
1.Acceptance of Order
Buyer’s placement of an order does not necessarily ensure that we will accept the Buyer’s order. We reserve the right to refuse any order in our sole discretion. In addition, before accepting Buyer’s order, we may require additional information if Buyer has not provided all of the information required by the Seller to complete Buyer’s order. Once a properly completed order is received, authorization of Buyer’s form of payment is received and we have accepted Buyer’s order, we will promptly place Buyer’s order in line for shipment.
Once an order has been accepted by the Seller, it cannot typically be cancelled. If an order cancellation request is received and accepted by the Seller prior to product shipment, a 15% cancellation fee will apply.
2.Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if Buyer has already placed an order. All prices are subject to change without notice, and Buyer agrees that taxes may be adjusted from the amount shown on this quote. Several factors may cause this, such as variances between processor programs and changes in tax rates.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
3.Payment Terms and Credit Card Payments
If the Buyer requests credit from the Seller, the Buyer shall provide all financial information reasonably requested by the Seller from time to time for the sole purpose of establishing or continuing Buyer’s credit limit. Buyer agrees that the Seller shall have the right to decline or extend credit to Buyer, and to require that the applicable purchase price be paid prior to shipment. The Seller shall have the right from time to time, without notice, to change or revoke Buyer’s credit limit on the basis of changes in the Seller’s credit policies or Buyer’s financial condition and/or payment record.
If credit terms are not available to the Buyer, pre-payment may be made by ACH (EFT), Wire Transfer or company check (7 to 10 days to clear). The Seller currently accepts Visa and MasterCard, as forms of credit card payment. By submitting Buyer’s order and selecting to use a credit card as a form of payment, Buyer represents and warrants that Buyer is authorized to use the designated credit card and authorizes the Seller to charge Buyer’s order (including taxes, shipping and handling) to that card. If the card cannot be verified, is invalid, or is otherwise not acceptable, Buyer’s order may be suspended or cancelled automatically. All credit card orders are subject to a 4% service charge. The Seller further reserves the right, in its sole discretion, to request partial payment from Buyer, prior to processing Buyer’s order.
Buyer shall not deduct any amounts from any Seller invoice without the Seller’s express written approval, which approval shall be contingent upon Buyer providing all supporting documentation for such deduction as required by the Seller. Any authorized deductions for returned Products must include Buyer’s customer tracking number and the Seller’s Return Merchandise Authorization (“RMA”) number. Deductions received by the Seller without advance notice will be denied.
If Buyer fails to make timely payment of any amount invoiced by the Seller, the Seller shall have the right, in addition to any and all other rights and remedies available to the Seller at law or in equity, to immediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce or cancel any or all quantity discounts extended to Buyer. Buyer shall pay all costs of collection including reasonable attorneys’ fees. A service charge of the greater of one and one-half percent (1½%) per month or the maximum amount allowed by law will be charged on all past due balances commencing on the date payment is due.
4.Partial Billing by the Seller
The Seller reserves the right to partially bill the Buyer for the portion of any line item or bundled price in an
order if a material portion has been shipped, delivered or otherwise completed.
5.Shipping Terms and Policies
Delivery shall be made in accordance with the Seller's shipping policy in effect on the date of shipment. Product title and risk of loss will transfer to Buyer upon the Seller tendering the Product for delivery to the carrier (F.O.B. Origin). If Buyer requests special shipping or handling, including expedited shipment, third-party billing, or freight collect, Buyer shall be responsible for filing claims with the carrier and all freight and handling costs. Buyer shall pay for any special routing, packing, handling or insurance requested by Buyer and agreed to by the Seller. Orders shipped under special routing instructions must be separately agreed upon and may be subject to additional charges. The Seller will not be subject to requirements of non-compliance programs of Buyer, including charges for product delays, missing/inaccurate shipping documents, labeling or product markings.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
Buyer shall promptly notify the Seller, no later than 30 days from invoice date, of any claimed shortages or rejection as to any delivery, with the exception of deliveries that reveal external shipping damage, which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall be in writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provide any such notice within such time shall be deemed an acceptance in full of any such delivery. The Seller shall not be liable for any shipment delays that affect the Seller or any of the Seller's suppliers, including but not limited to delays caused by unavailability or shortages of Products from the Seller's suppliers, natural disasters, acts of war or terrorism, acts or omissions of Buyer, fire, strike, riot, or governmental interference, unavailability or shortage of materials, labor, fuel or power through normal commercial channels at customary and reasonable rates, failure or destruction of plant or equipment arising from any cause whatsoever, or transportation failures.
6.On-Site Agreement Policy
Buyer has 24 hours from the date first agreed upon by both parties to cancel or reschedule without charge. Buyer agrees to pay the Seller a $2,500 cancellation fee if the service dates requested are cancelled for any reason other than the Seller issuing the cancellation or Force Majeure.
A “Force Majeure” is defined as fire, explosion, accident, drought, storm, hail, earthquake, embargo, epidemic, act of God which has resulted in, or could reasonably be expected to result in the cancellation of the Seller’s field services representative travel request.
7.Back Orders
If, for any reason, an item on Buyer’s order is temporarily out of stock, the Seller will endeavor to back order that item for Buyer. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges.
8.Return Policy – All Sales Final
All sales are final, except where otherwise agreed upon by Buyer and the Seller. Should the Seller, in its sole discretion, allow Buyer to return an item, the following return policy applies for that return:
i.In order for the Seller to approve any product return, the product must not be opened or damaged, and in its original undamaged packaging. the Seller will not accept "open box" returns.
ii.As the Seller sells specific project based manufactured and configured computers, accessories and electronic devices, unopened box returns also may be denied. The Seller cannot re-sell or return a computer that has been built to a Buyer’s specifications.
iii.Any and all product returns must be approved by the Seller, in the Seller’s sole discretion, and a Return Merchandise Authorization (“RMA”) number must be issued.
iv.Approved returns must be made within 30 days of the delivery date.
v.Approved returns will incur a 25% restocking fee.
vi.Returns must be received within 15 days of the RMA number issuance.
vii.The Buyer is responsible for all insurance and shipping charges associated with the return.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
viii.All returns must be sent via UPS, Federal Express, or any other professional courier that provides a tracking number and proof of delivery.
ix.If the returned product does not meet the requirements stated above, the product will be sent back to the customer “freight collect”.
x.Once the Seller has approved a return, Buyer’s refund will be issued within 7 days, and Buyer will receive an email confirmation that Buyer’s return is completed. Please note that, depending on Buyer’s financial institution, it may take an additional 2-10 business days for the credit to post to Buyer’s account.
9.Errors
the Seller attempts to be as accurate as possible. However, the Seller does not warrant that all product descriptions, photographs, pricing, or other information provided is accurate, complete, current, or error-free. In addition, all weights and size dimensions are approximate. If a product offered by the Seller is not as described or pictured, Buyer’s sole remedy is to return it in an undamaged, unused condition for a refund, subject to the return policy herein. In the event of an error in an order confirmation, in processing an order, in delivering a product, or otherwise, we reserve the right to correct such error and revise Buyer’s order accordingly, or to cancel the order and refund any amount charged. Buyer’s sole remedy in the event of an error is, subject to the return policy herein, to cancel Buyer’s order and obtain a refund.
10.Disclaimer of Warranty
SELLER PROVIDES NO WARRANTY TO ITS CUSTOMERS FOR ANY PRODUCTS SOLD. SELLER HEREBY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY, NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA, LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OF NEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THE PRODUCT WILL MEET BUYER’S REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BE CORRECTED, OR THAT BUYER’S USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELY RESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY SELLER, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIES CANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANT EXPRESS WARRANTY PERIOD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER, ITS AFFILIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY, FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FOR FAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF PCS OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PCS, ITS
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO BUYER FOR ALL DAMAGES EXCEED THE PRICE BUYER PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASED BY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO BUYER.
IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THE REMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.
11.Manufacturer's Warranty
Warranties may be available directly from select manufacturers. Manufacturer information is subject to change without notice. Not all manufacturers for products which the Seller sells will offer manufacturers’ warranties.
12.Confidentiality
The Seller and the Buyer agree to keep confidential all the terms of the Agreement, and any proprietary, trade secret of other information which the Seller or Buyer receives from the other in the performance of the Services under the Agreement, however, this shall not apply to information which is: (i) necessary to be disclosed to a third party in order to perform an Agreement; (ii) already known free of any restriction at the time it is obtained; (iii) subsequently learned from an independent third party free of restriction; (iv) is publicly available or (v) is required by law or court order to be disclosed.
13.Intellectual Property
The Seller grants to Buyer a limited, nonexclusive and nontransferable license to use the Seller’s technology, equipment, software, information, copyrightable material, copyrights, trademarks, patents, data or other material (the “Intellectual Property”) provided by the Seller in delivery of the Services.
Buyer may not copy or sublicense the Seller’s Intellectual Property unless such rights are expressly granted in writing within the Agreement. The Seller owns or has a license or other right to use the Intellectual Property which is being distributed to the Buyer and the Seller reserves all rights to the Intellectual Property. Buyer hereby acknowledges that the Seller retains all right, title and interest in and to the copyrights, trademarks, patents and other intellectual property rights inherent or related in any way to the Intellectual Property provided. The Seller shall own all rights in any changes, enhancements, and modifications made by the Buyer to the Seller’s Intellectual Property. Buyer agrees that neither it nor any of its employees or agents will contest or challenge the Seller’s ownership or rights in its Intellectual Property, make or authorize any use of the Seller’s Intellectual Property that is not consistent with the Agreement or these terms and conditions or modify or reproduce the content or substance of the Intellectual Property. See www.route1.com/terms-of-use/ for notice of the Seller’s intellectual property.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
14.Waiver of Liability Relating to COVID-19
The installation of equipment, hardware or software by the Seller on the Buyer’s site pursuant to the Agreement may require employees or contractors of the Seller to be present and in physical proximity to Buyer’s employees, contractors, agents, customers, etc. Buyer understands that the Seller cannot prevent possible exposure to, contracting or spreading of COVID-19 by its employees or contractors. It is not possible to prevent the presence of COVID-19 and therefore if Buyer utilizes the Seller’s onsite installation services, Buyer understands that it may be exposing its employees and others onsite to increased risk of contracting or spreading COVID-19.
By engaging in onsite Services, Buyer acknowledges and accepts the risk to its employees and others onsite of exposure to, contracting and/or spreading of COVID-19. The Buyer indemnifies the Seller against any claims arising out of exposure to, contracting and/or spreading of COVID-19 by virtue of the Seller’s provision of onsite Services. The Buyer hereby forever releases and waives the right to bring suit against the Seller and its owners, officers, directors, managers, officials, agents, employees or other representatives in connection with the exposure, infection, and/or spread of COVID-19 related to the provision of onsite Services.
15.Support Contract as Applicable
The Seller offers three levels of support plans for license plate recognition customers: Elemental, Comprehensive and Select. The support plan’s scope and specific terms are appended to the Seller’s quote and or invoice.
(a)Warranty Term for Onsite Workmanship The Seller guarantees its workmanship post application. The warranty term is found in your quote. This warranty extends to hardware installations performed by the Seller personnel. The Seller does not warranty any third-party equipment or software. The Seller will pass along the warranty it receives from the original equipment manufacturer or owner of the software.
(b)Server, Software, and Firmware Updates As part of your support contract, the Seller may install critical software and firmware updates from manufacturers as required and when released. Critical updates will have priority, non-critical updates will be completed on an as needed basis and based on the terms of your support contract with the Seller.
(c)Remote Support Rapid Response The Seller provides remote support to all clients. Depending on the plan, your authorized contacts are guaranteed a specified response time during the contracted support hours. Support is not available on weekends and holidays for elemental and comprehensive support plan clients.
(d)Number of Calls The number incidents per month that your authorized contact(s) can make to our support team is defined in your quote.
(e)Annual Site Maintenance Visit Defined in your quote.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
(f)RMA Processing and Tracking Most original equipment manufacturers, including Genetec, require a certification in order to request an RMA. If an original equipment manufacturer's repair is required and depending on your service contract, the Seller will work with the original equipment manufacturer to create an RMA. Any original equipment manufacturer’s costs related to the RMA such as damage or out of warranty repairs are the Buyer's responsibility. The Buyer requesting the RMA may also be responsible for shipping costs and processing fees, depending upon their service plan. Based on your service plan, the Seller will track your RMA to ensure its timely completion and the return of your equipment. Any costs associated with an on-site visit related to an RMA are not included in our support plans.
(g)Camera Type Most organizations charge extra depending on the type of camera(s) you deploy. We do not.
(h)Authorized Contacts The Seller is a security-first organization that serves clients such as the U.S. Department of Defense. We want to validate that we’re only working with “authorized” personnel from your organization in order to protect our interests and yours. Because of this, you are required to name specific people who are authorized to work with us on your behalf.
(i)Annual Configuration Time Some support plans include a certain number of configuration hours. Configuration time allows our experts to make changes to your system throughout the year for you so you don’t have to. This can also include creating reports. Configuration hours are not bankable so any unused hours expire at the end of each one-year term.
(j)Price Per Additional Configuration Hour All additional configuration hours must be purchased in blocks of four (4) hours at the rate associated with your plan. Your plan locks your costs in at a lower rate for the duration of your support agreement.
(k)Client Support Hours Our support team is staffed to meet your needs during the hours stated in your plan.
(l)Emergency Responsiveness Emergency responsiveness is our guarantee of how quickly we will schedule someone to come onsite when needed. All days are business days and do not include weekends or holidays. Costs associated with emergency onsite visits such as travel, meals, lodging and the Seller personnel charges are not included in our support plans. Emergency onsite visits will be performed on a time and material basis and will require a purchase order prior to scheduling. However, you will always be entitled to have the visit scheduled within the maximum period prescribed by your support plan.
An “Emergency” is any incident or problem that severely impacts your operation and has gone through our remote support protocols and that has been determined by the Seller that it cannot be fixed outside of an onsite visit. The actual countdown to onsite service cannot begin until all equipment required for the response is in hand including RMAs and other equipment that is that is not manufactured by the Seller.
Our onsite visit is dependent on vendors and manufacturers’ response time, availability of hardware, and the client’s availability and ability to provide us with access to the location of the ALPR deployment at their site.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
(m)Hot-swap Inventory on Hand For our clients on Select Plans, the Seller will maintain materials on hand for emergency replacement. The Buyer is responsible for purchasing the hot-swap inventory. Additional installation fees may apply as required.
16.Privacy
Please refer to the Seller’s Privacy Statement, available at www.route1.com/privacy-policy for information about how the Seller collects, uses, and discloses personal information from users of the site.
17.Dispute Resolution and Binding Arbitration
BUYER AND SELLER AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT BUYER WOULD HAVE IF BUYER WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive, and equitable claims, between Buyer and either the Seller, its agents, employees, successors, assigns, direct and indirect subsidiaries, or any third party providing any products or services to Buyer in connection with Buyer’s purchase arising from or relating in any way to Buyer’s purchase of products, these Terms of Sale, their interpretation, or the breach, termination, or validity thereof, the relationships which result from these Terms of Sale (including relationships with third parties who are not signatories to these Terms of Sale), the Seller’s advertising, or any related purchase, shall be resolved exclusively and finally by binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision of the Terms of Sale is void, voidable, or otherwise invalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or a substitute forum if both are unavailable). Arbitration proceedings shall be governed by this provision and the applicable procedures of the selected arbitration administrator, including any applicable procedures for consumer-related disputes, in effect at the time the claim is filed. Notwithstanding the foregoing, Buyer may assert claims in a small claims court if Buyer’s claims qualify. The Federal Arbitration Act and federal arbitration law apply to these Terms of Sale.
Buyer agrees to an arbitration on an individual basis. In any dispute, NEITHER BUYER NOR SELLER SHALL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, the unenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class arbitration).
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable Computer Systems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#581
09/12/2023
The arbitrator shall be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and their applicable rules are available at the following numbers and URLs: American Arbitration Association, (800) 778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
18.Applicable Law and Jurisdiction
This Agreement will be governed by the substantive laws of the state of Arizona without giving effect to any choice of law rules. The United Nations Convention on Contracts for the International Sale of Goods will not apply to this Agreement. Buyer is responsible for compliance with local laws, if and to the extent local laws are applicable. Both parties to this Agreement specifically agree to submit to the exclusive jurisdiction of, and venue in, the courts in Maricopa County, Arizona in any dispute arising out of or relating to this Agreement.
19.Export Controls
Certain the Seller products may be subject to export controls imposed by the United States of America, and may not be exported or re-exported: (a) into (or to a national or resident of) any country to which the United States of America has placed an embargo, including without limitation, Cuba, Iran, Iraq, Libya, North Korea, Syria, Sudan, or Venezuela; (b) to everyone on the U.S. Treasury Department’s Specially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders (collectively, the “Prohibited Countries”). By purchasing any the Seller product, Buyer represents and warrants that Buyer is not located in any Prohibited Country, that Buyer is not under the control of any Prohibited Country, or that Buyer is not a national or resident of any Prohibited Country.
20.Severability
If any provision of these Terms of use shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Sale and shall not affect the validity and enforceability of any remaining provisions.
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
Note:This Quote is good and valid for 15 days beyond the Quote Date.
Bill To Ship To TOTAL
Melinda Monroe- BremertonCity of Bremerton345 6th StSuite 100Bremerton WA 98337United States
City of Bremerton345 6th StSuite 100Bremerton WA 98337United States
$11,983.80
Expiration Date:08/16/2023
Terms Expiration Date PO #Sales Rep Shipping Method
Net 30 08/16/2023 Elton Crawford
Project Description
Engineering Services
1 Project management and conguration services for removal and reinstallation of Mobile LPR hardware. Includessoftware updates and project planning. This assumes customer is moving current functional LPR hardware fromone vehicle into another vehicle.
1 Removal of existing LPR solution including cameras, processing unit, mounting hardware, docking station,modem hardware. Installation services for one mobile LPR vehicle with wheel image cameras.
1 Cost of technician to travel to provide on-site installation. This is a per trip charge; if technician is required toreturn to site for reasons outside of Route1's control, there will need to be additional trip charges.
Subtotal:$7,225.00
Hardware and Software - Sensors and Data Acquisition
1 Genetec SharpZ3 Mobile LPR relocation kit with hard mount bracket kit (White).
1 Route1 Consumables
1 Route1 Shipping
Subtotal:$1,708.80
Hardware and Software - User Interface and Communications
1 Cradlepoint 5G Modem with 1-yr NetCloud Mobile Performance 5G Router Essentials Plan, Advanced Plan, andR2105 router with WiFi, integrated antennas, no AC power supply,
1 KIT Universal Adjustable Seat Base Pedestal Kit with Mongoose 9 Locking Slide Arm with Short Clevis
Subtotal:$3,050.00
Tax Total (0%)$0.00
Total $11,983.80
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
The below Terms of Sale are an integral part of this quote. In order for this quote to be effective, the attached
Terms of Sale must be agreed to.
Customer Authorizing Party Signature:________________________________________
Date of Signature:________________________________________
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237
8/4/2023
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
Terms of Sale
Route1 Inc. (“Route1”) is the parent company of operating subsidiaries Route 1 Security Corporation,Portable Computer Systems, Inc. doing business as PCS Mobile, Spyrus Solutions Inc., Group Mobile Int’l,LLC, DataSource Mobility, LLC and VetSource Mobility, LLC. (collectively the “Seller”). Each of thesesubsidiaries, as applicable, continue as valid parties to all agreements.
The submittal of a purchase order to the Seller by the customer referred to in the attached quote (the“Customer”, “Client” or the “Buyer”) referencing the Quote No. and the specics from that Quote or aCustomer Authorizing Party signature on the Quote, indicates acceptance of the below terms andconditions.
Please read these Terms of Sale (the “Terms of Sale”) carefully.
Except where indicated otherwise, these terms and conditions shall supersede any subsequent terms orconditions included with any purchase order. The Seller reserves the right to make changes to theseterms and conditions at any time. In the event that there is any conict or inconsistency between theseTerms of Sale and any other terms of sale or use, these Terms of Sale will govern.
1.Acceptance of Order
Buyer’s placement of an order does not necessarily ensure that we will accept the Buyer’s order. Wereserve the right to refuse any order in our sole discretion. In addition, before accepting Buyer’s order,we may require additional information if Buyer has not provided all of the information required by theSeller to complete Buyer’s order. Once a properly completed order is received, authorization of Buyer’sform of payment is received and we have accepted Buyer’s order, we will promptly place Buyer’s order inline for shipment.
Once an order has been accepted by the Seller, it cannot typically be cancelled. If an order cancellationrequest is received and accepted by the Seller prior to product shipment, a 15% cancellation fee willapply.
2.Pricing and Availability
All prices for products (and the associated costs of shipping and tax) are shown in U.S. dollars. All itemsare subject to availability and we reserve the right to impose quantity limits on any order, to reject all orpart of an order, and to discontinue products without notice, even if Buyer has already placed an order.All prices are subject to change without notice, and Buyer agrees that taxes may be adjusted from theamount shown on this quote. Several factors may cause this, such as variances between processorprograms and changes in tax rates.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
3.Payment Terms and Credit Card Payments
If the Buyer requests credit from the Seller, the Buyer shall provide all nancial information reasonablyrequested by the Seller from time to time for the sole purpose of establishing or continuing Buyer’scredit limit. Buyer agrees that the Seller shall have the right to decline or extend credit to Buyer, and torequire that the applicable purchase price be paid prior to shipment. The Seller shall have the right fromtime to time, without notice, to change or revoke Buyer’s credit limit on the basis of changes in theSeller’s credit policies or Buyer’s nancial condition and/or payment record.
If credit terms are not available to the Buyer, pre-payment may be made by ACH (EFT), Wire Transfer orcompany check (7 to 10 days to clear). The Seller currently accepts Visa and MasterCard, as forms ofcredit card payment. By submitting Buyer’s order and selecting to use a credit card as a form ofpayment, Buyer represents and warrants that Buyer is authorized to use the designated credit card andauthorizes the Seller to charge Buyer’s order (including taxes, shipping and handling) to that card. If thecard cannot be veried, is invalid, or is otherwise not acceptable, Buyer’s order may be suspended orcancelled automatically. All credit card orders are subject to a 4% service charge. The Seller furtherreserves the right, in its sole discretion, to request partial payment from Buyer, prior to processingBuyer’s order.
Buyer shall not deduct any amounts from any Seller invoice without the Seller’s express writtenapproval, which approval shall be contingent upon Buyer providing all supporting documentation forsuch deduction as required by the Seller. Any authorized deductions for returned Products must includeBuyer’s customer tracking number and the Seller’s Return Merchandise Authorization (“RMA”) number.Deductions received by the Seller without advance notice will be denied.
If Buyer fails to make timely payment of any amount invoiced by the Seller, the Seller shall have theright, in addition to any and all other rights and remedies available to the Seller at law or in equity, toimmediately revoke any or all credit extended, to delay or cancel future deliveries and/or to reduce orcancel any or all quantity discounts extended to Buyer. Buyer shall pay all costs of collection includingreasonable attorneys’ fees. A service charge of the greater of one and one-half percent (1½%) per monthor the maximum amount allowed by law will be charged on all past due balances commencing on thedate payment is due.
4.Partial Billing by the Seller
The Seller reserves the right to partially bill the Buyer for the portion of any line item or bundled price in an
order if a material portion has been shipped, delivered or otherwise completed.
5.Shipping Terms and Policies
Delivery shall be made in accordance with the Seller's shipping policy in effect on the date of shipment.Product title and risk of loss will transfer to Buyer upon the Seller tendering the Product for delivery tothe carrier (F.O.B. Origin). If Buyer requests special shipping or handling, including expedited shipment,third-party billing, or freight collect, Buyer shall be responsible for ling claims with the carrier and allfreight and handling costs. Buyer shall pay for any special routing, packing, handling or insurancerequested by Buyer and agreed to by the Seller. Orders shipped under special routing instructions mustbe separately agreed upon and may be subject to additional charges. The Seller will not be subject torequirements of non-compliance programs of Buyer, including charges for product delays, missing/inaccurate shipping documents, labeling or product markings.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
Buyer shall promptly notify the Seller, no later than 30 days from invoice date, of any claimed shortagesor rejection as to any delivery, with the exception of deliveries that reveal external shipping damage,which, in some instances, must be refused immediately upon delivery by the carrier. Such notice shall bein writing and shall be reasonably detailed stating the grounds for any such rejection. Failure to provideany such notice within such time shall be deemed an acceptance in full of any such delivery. The Sellershall not be liable for any shipment delays that affect the Seller or any of the Seller's suppliers, includingbut not limited to delays caused by unavailability or shortages of Products from the Seller's suppliers,natural disasters, acts of war or terrorism, acts or omissions of Buyer,re, strike, riot, or governmentalinterference, unavailability or shortage of materials, labor, fuel or power through normal commercialchannels at customary and reasonable rates, failure or destruction of plant or equipment arising fromany cause whatsoever, or transportation failures.
6.On-Site Agreement Policy
Buyer has 24 hours from the date rst agreed upon by both parties to cancel or reschedule withoutcharge. Buyer agrees to pay the Seller a $2,500 cancellation fee if the service dates requested arecancelled for any reason other than the Seller issuing the cancellation or Force Majeure.
A “Force Majeure” is dened as re, explosion, accident, drought, storm, hail, earthquake, embargo,epidemic, act of God which has resulted in, or could reasonably be expected to result in the cancellationof the Seller’s eld services representative travel request.
7.Back Orders
If, for any reason, an item on Buyer’s order is temporarily out of stock, the Seller will endeavor to backorder that item for Buyer. Items on back order will be charged when the items are actually shipped,along with applicable taxes and shipping charges.
8.Return Policy – All Sales Final
All sales are final, except where otherwise agreed upon by Buyer and the Seller. Should the Seller, in itssole discretion, allow Buyer to return an item, the following return policy applies for that return:
i. In order for the Seller to approve any product return, the product must not be opened ordamaged, and in its original undamaged packaging. the Seller will not accept "open box"returns.
ii. As the Seller sells specic project based manufactured and congured computers, accessoriesand electronic devices, unopened box returns also may be denied. The Seller cannot re-sell orreturn a computer that has been built to a Buyer’s specications.
iii. Any and all product returns must be approved by the Seller, in the Seller’s sole discretion, and aReturn Merchandise Authorization (“RMA”) number must be issued.
iv. Approved returns must be made within 30 days of the delivery date.
v. Approved returns will incur a 25% restocking fee.
vi. Returns must be received within 15 days of the RMA number issuance.
vii. The Buyer is responsible for all insurance and shipping charges associated with the return.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
viii. All returns must be sent via UPS, Federal Express, or any other professional courier thatprovides a tracking number and proof of delivery.
ix. If the returned product does not meet the requirements stated above, the product will be sentback to the customer “freight collect”.
x. Once the Seller has approved a return, Buyer’s refund will be issued within 7 days, and Buyerwill receive an email conrmation that Buyer’s return is completed. Please note that, dependingon Buyer’s nancial institution, it may take an additional 2-10 business days for the credit topost to Buyer’s account.
9.Errors
the Seller attempts to be as accurate as possible. However, the Seller does not warrant that all productdescriptions, photographs, pricing, or other information provided is accurate, complete, current, orerror-free. In addition, all weights and size dimensions are approximate. If a product offered by theSeller is not as described or pictured, Buyer’s sole remedy is to return it in an undamaged, unusedcondition for a refund, subject to the return policy herein. In the event of an error in an orderconrmation, in processing an order, in delivering a product, or otherwise, we reserve the right tocorrect such error and revise Buyer’s order accordingly, or to cancel the order and refund any amountcharged. Buyer’s sole remedy in the event of an error is, subject to the return policy herein, to cancelBuyer’s order and obtain a refund.
10.Disclaimer of Warranty
SELLER PROVIDES NO WARRANTY TO ITS CUSTOMERS FOR ANY PRODUCTS SOLD. SELLER HEREBYDISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOTLIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, ACCEPTABILITY, SATISFACTORY QUALITY,NON-INFRINGEMENT, TITLE, FITNESS FOR A PARTICULAR PURPOSE, LOSS OF OR DAMAGE TO DATA,LACK OF VIRUSES OR FREE FROM VIRUS OR MALWARE ATTACK, SECURITY, PERFORMANCE, LACK OFNEGLIGENCE, WORKMANLIKE EFFORT, QUIET ENJOYMENT, THAT THE FUNCTIONS CONTAINED IN THEPRODUCT WILL MEET BUYER’S REQUIREMENTS, OR THAT DEFECTS IN THE PRODUCT WILL BECORRECTED, OR THAT BUYER’S USE OF THE PRODUCT WILL GENERATE ACCURATE, RELIABLE, TIMELYRESULTS , INFORMATION, OR DATA. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BYSELLER, A DEALER, AGENT, OR AFFILIATE SHALL CREATE A WARRANTY. TO THE EXTENT WARRANTIESCANNOT BE DISCLAIMED OR EXCLUDED, THEY ARE LIMITED TO THE DURATION OF THE RELEVANTEXPRESS WARRANTY PERIOD.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SELLER, ITSAFFILIATES, DEALERS, AGENTS OR SUPPLIERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES,LICENSORS AND ASSIGNS BE LIABLE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL,INCIDENTAL OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TODAMAGES FOR LOSS OF PROFITS OR REVENUE, FOR BUSINESS INTERRUPTION, FOR PERSONAL INJURY,FOR LOSS OF PRIVACY, FOR LOSS OF ABILITY TO USE ANY THIRD PARTY PRODUCTS OR SERVICES, FORFAILURE TO MEET ANY DUTY INCLUDING OF GOOD FAITH OR OF REASONABLE CARE, FOR NEGLIGENCE,AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER), REGARDLESS OF THE THEORY OFLIABILITY (CONTRACT, TORT OR OTHERWISE) ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OFOR INABILITY TO USE THE PRODUCT, EVEN IF PCS OR SUCH OTHER ENTITIES HAVE BEEN ADVISED OFTHE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF PCS, ITS
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
AFFILIATES, ASSOCIATES, DEALERS, AGENTS OR SUPPLIERS TO BUYER FOR ALL DAMAGES EXCEED THEPRICE BUYER PAID FOR THE PRODUCT. THIS LIMITATION IS CUMULATIVE AND WILL NOT BE INCREASEDBY THE EXISTENCE OF MORE THAN ONE INCIDENT OR CLAIM. THE FOREGOING LIMITATIONS WILLAPPLY EVEN IF ANY WARRANTY OR REMEDY PROVIDED FAILS OF ITS ESSENTIAL PURPOSE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES OR OFLIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE FOREGOING LIMITATIONS MAYNOT APPLY TO BUYER.
IF ANY TERM IS HELD TO BE ILLEGAL OR UNENFORCEABLE, THE LEGALITY OR ENFORCEABILITY OF THEREMAINING TERMS SHALL NOT BE AFFECTED OR IMPAIRED.
11.Manufacturer's Warranty
Warranties may be available directly from select manufacturers. Manufacturer information is subject tochange without notice. Not all manufacturers for products which the Seller sells will offer manufacturers’warranties.
12.Confidentiality
The Seller and the Buyer agree to keep condential all the terms of the Agreement, and any proprietary,trade secret of other information which the Seller or Buyer receives from the other in the performanceof the Services under the Agreement, however, this shall not apply to information which is: (i) necessaryto be disclosed to a third party in order to perform an Agreement; (ii) already known free of anyrestriction at the time it is obtained; (iii) subsequently learned from an independent third party free ofrestriction; (iv) is publicly available or (v) is required by law or court order to be disclosed.
13.Intellectual Property
The Seller grants to Buyer a limited, nonexclusive and nontransferable license to use the Seller’stechnology, equipment, software, information, copyrightable material, copyrights, trademarks, patents,data or other material (the “Intellectual Property”) provided by the Seller in delivery of the Services.
Buyer may not copy or sublicense the Seller’s Intellectual Property unless such rights are expresslygranted in writing within the Agreement. The Seller owns or has a license or other right to use theIntellectual Property which is being distributed to the Buyer and the Seller reserves all rights to theIntellectual Property. Buyer hereby acknowledges that the Seller retains all right, title and interest in andto the copyrights, trademarks, patents and other intellectual property rights inherent or related in anyway to the Intellectual Property provided. The Seller shall own all rights in any changes, enhancements,and modications made by the Buyer to the Seller’s Intellectual Property. Buyer agrees that neither itnor any of its employees or agents will contest or challenge the Seller’s ownership or rights in itsIntellectual Property, make or authorize any use of the Seller’s Intellectual Property that is not consistentwith the Agreement or these terms and conditions or modify or reproduce the content or substance ofthe Intellectual Property. See www.route1.com/terms-of-use/for notice of the Seller’s intellectualproperty.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
14.Waiver of Liability Relating to COVID-19
The installation of equipment, hardware or software by the Seller on the Buyer’s site pursuant to theAgreement may require employees or contractors of the Seller to be present and in physical proximity toBuyer’s employees, contractors, agents, customers, etc. Buyer understands that the Seller cannotprevent possible exposure to, contracting or spreading of COVID-19 by its employees or contractors. It isnot possible to prevent the presence of COVID-19 and therefore if Buyer utilizes the Seller’s onsiteinstallation services, Buyer understands that it may be exposing its employees and others onsite toincreased risk of contracting or spreading COVID-19.
By engaging in onsite Services, Buyer acknowledges and accepts the risk to its employees and othersonsite of exposure to, contracting and/or spreading of COVID-19. The Buyer indemnies the Selleragainst any claims arising out of exposure to, contracting and/or spreading of COVID-19 by virtue of theSeller’s provision of onsite Services. The Buyer hereby forever releases and waives the right to bring suitagainst the Seller and its owners, ocers, directors, managers, ocials, agents, employees or otherrepresentatives in connection with the exposure, infection, and/or spread of COVID-19 related to theprovision of onsite Services.
15.Support Contract as Applicable
The Seller offers three levels of support plans for license plate recognition customers:Elemental,Comprehensive and Select. The support plan’s scope and specic terms are appended to the Seller’squote and or invoice.
(a)Warranty Term for Onsite WorkmanshipThe Seller guarantees its workmanship post application. The warranty term is found in yourquote. This warranty extends to hardware installations performed by the Seller personnel. TheSeller does not warranty any third-party equipment or software. The Seller will pass along thewarranty it receives from the original equipment manufacturer or owner of the software.
(b)Server, Software, and Firmware UpdatesAs part of your support contract, the Seller may install critical software and rmware updatesfrom manufacturers as required and when released. Critical updates will have priority, non-critical updates will be completed on an as needed basis and based on the terms of yoursupport contract with the Seller.
(c)Remote Support Rapid ResponseThe Seller provides remote support to all clients. Depending on the plan, your authorizedcontacts are guaranteed a specied response time during the contracted support hours.Support is not available on weekends and holidays for elemental and comprehensive supportplan clients.
(d)Number of CallsThe number incidents per month that your authorized contact(s) can make to our support teamis dened in your quote.
(e)Annual Site Maintenance VisitDened in your quote.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
(f)RMA Processing and TrackingMost original equipment manufacturers, including Genetec, require a certication in order torequest an RMA. If an original equipment manufacturer's repair is required and depending onyour service contract, the Seller will work with the original equipment manufacturer to create anRMA. Any original equipment manufacturer’s costs related to the RMA such as damage or out ofwarranty repairs are the Buyer's responsibility. The Buyer requesting the RMA may also beresponsible for shipping costs and processing fees, depending upon their service plan. Basedon your service plan, the Seller will track your RMA to ensure its timely completion and thereturn of your equipment. Any costs associated with an on-site visit related to an RMA are notincluded in our support plans.
(g)Camera TypeMost organizations charge extra depending on the type of camera(s) you deploy. We do not.
(h)Authorized ContactsThe Seller is a security-rst organization that serves clients such as the U.S. Department ofDefense. We want to validate that we’re only working with “authorized” personnel from yourorganization in order to protect our interests and yours. Because of this, you are required toname specic people who are authorized to work with us on your behalf.
(i)Annual Configuration TimeSome support plans include a certain number of conguration hours. Conguration time allowsour experts to make changes to your system throughout the year for you so you don’t have to.This can also include creating reports. Conguration hours are not bankable so any unusedhours expire at the end of each one-year term.
(j)Price Per Additional Configuration HourAll additional conguration hours must be purchased in blocks of four (4) hours at the rateassociated with your plan. Your plan locks your costs in at a lower rate for the duration of yoursupport agreement.
(k)Client Support HoursOur support team is staffed to meet your needs during the hours stated in your plan.
(l)Emergency ResponsivenessEmergency responsiveness is our guarantee of how quickly we will schedule someone to comeonsite when needed. All days are business days and do not include weekends or holidays.Costs associated with emergency onsite visits such as travel, meals, lodging and the Sellerpersonnel charges are not included in our support plans. Emergency onsite visits will beperformed on a time and material basis and will require a purchase order prior to scheduling.However, you will always be entitled to have the visit scheduled within the maximum periodprescribed by your support plan.
An “Emergency” is any incident or problem that severely impacts your operation and has gonethrough our remote support protocols and that has been determined by the Seller that it cannotbexed outside of an onsite visit. The actual countdown to onsite service cannot begin until allequipment required for the response is in hand including RMAs and other equipment that isthat is not manufactured by the Seller.
Our onsite visit is dependent on vendors and manufacturers’ response time, availability ofhardware, and the client’s availability and ability to provide us with access to the location of theALPR deployment at their site.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
(m)Hot-swap Inventory on HandFor our clients on Select Plans, the Seller will maintain materials on hand for emergencyreplacement. The Buyer is responsible for purchasing the hot-swap inventory. Additionalinstallation fees may apply as required.
16.Privacy
Please refer to the Seller’s Privacy Statement, available at www.route1.com/privacy-policy forinformation about how the Seller collects, uses, and discloses personal information from users of thesite.
17.Dispute Resolution and Binding Arbitration
BUYER AND SELLER AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE AJURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.OTHER RIGHTS THAT BUYER WOULD HAVE IF BUYER WENT TO COURT MAY ALSO BE UNAVAILABLE ORMAY BE LIMITED IN ARBITRATION.
Any claim, dispute, or controversy, whether in contract, tort or otherwise, whether pre-existing, present,or future, and including statutory, consumer protection, common law, intentional tort, injunctive, andequitable claims, between Buyer and either the Seller, its agents, employees, successors, assigns, directand indirect subsidiaries, or any third party providing any products or services to Buyer in connectionwith Buyer’s purchase arising from or relating in any way to Buyer’s purchase of products, these Termsof Sale, their interpretation, or the breach, termination, or validity thereof, the relationships which resultfrom these Terms of Sale (including relationships with third parties who are not signatories to theseTerms of Sale), the Seller’s advertising, or any related purchase, shall be resolved exclusively and nallyby binding arbitration. The arbitrator shall have exclusive authority to resolve any dispute relating toarbitrability and/or enforceability of this arbitration provision, including any unconscionability challengeor any other challenge that the arbitration provision of the Terms of Sale is void, voidable, or otherwiseinvalid. The arbitration shall be administered by the American Arbitration Association (AAA) or JAMS (or asubstitute forum if both are unavailable). Arbitration proceedings shall be governed by this provisionand the applicable procedures of the selected arbitration administrator, including any applicableprocedures for consumer-related disputes, in effect at the time the claim is led. Notwithstanding theforegoing, Buyer may assert claims in a small claims court if Buyer’s claims qualify. The FederalArbitration Act and federal arbitration law apply to these Terms of Sale.
Buyer agrees to an arbitration on an individual basis. In any dispute, NEITHER BUYER NOR SELLER SHALLBE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS, OR ARBITRATE OROTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR IN A PRIVATEATTORNEY GENERAL CAPACITY. If any provision of this arbitration clause is found unenforceable, theunenforceable provision shall be severed and the remaining arbitration terms shall be enforced (but inno case shall there be a class arbitration).
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
Portable ComputerSystems, Inc.7300 Via Paseo Del SurSuite #202Scottsdale AZ 85258United States
Quote
#408
07/17/2023
The arbitrator shall be empowered to grant whatever relief would be available in court under law or inequity. Any award of the arbitrator(s) shall be nal and binding on each of the parties and may beentered as a judgment in any court of competent jurisdiction. Information on AAA or JAMS and theirapplicable rules are available at the following numbers and URLs: American Arbitration Association, (800)778-7879, www.adr.org; JAMS, (800) 352-5267, www.jamsadr.com.
18.Applicable Law and Jurisdiction
This Agreement will be governed by the substantive laws of the state of Arizona without giving effect toany choice of law rules. The United Nations Convention on Contracts for the International Sale of Goodswill not apply to this Agreement. Buyer is responsible for compliance with local laws, if and to the extentlocal laws are applicable. Both parties to this Agreement specically agree to submit to the exclusivejurisdiction of, and venue in, the courts in Maricopa County, Arizona in any dispute arising out of orrelating to this Agreement.
19.Export Controls
Certain the Seller products may be subject to export controls imposed by the United States of America,and may not be exported or re-exported: (a) into (or to a national or resident of) any country to whichthe United States of America has placed an embargo, including without limitation, Cuba, Iran, Iraq,Libya, North Korea, Syria, Sudan, or Venezuela; (b) to everyone on the U.S. Treasury Department’sSpecially Designated Nationals list, or (c) the U.S. Commerce Department’s Table of Denial Orders(collectively, the “Prohibited Countries”). By purchasing any the Seller product, Buyer represents andwarrants that Buyer is not located in any Prohibited Country, that Buyer is not under the control of anyProhibited Country, or that Buyer is not a national or resident of any Prohibited Country.
20.Severability
If any provision of these Terms of use shall be deemed unlawful, void, or for any reason unenforceable,then that provision shall be deemed severable from these Terms of Sale and shall not affect the validityand enforceability of any remaining provisions.
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From:Colin CooperTo:Melinda Monroe; Elton CrawfordCc:Alex Rogowski; Charles Ernst; Chad CarterSubject:RE: Route 1 and City of Bremerton Equipment ServicesDate:Thursday, September 7, 2023 6:15:26 PMAttachments:image001.pngimage002.pngimage003.pngimage004.pngroute1_logo_667392f6-60c1-4898-90ba-4aa5198a3e5d.pnggeneteclogoe_781c130f-c3ba-4c0f-abd3-584a2b3977b3.png
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.
So I need to first apologize for not getting this out to you all. I thought that I had sent it and it was sitting in my drafts folder. Here are the parts that we need to get to complete both the jobs. Go 4:::Docking stationAdditional set of wire for the consumable kitshttps://rammount.com/collections/adapter-plates/products/ram-2461uhttps://rammount.com/collections/a-size/products/ram-a-201u-bhttps://rammount.com/collections/a-size/products/ram-a-238u For the Sharp X system we need the following:::: 2 front camera brackets2 front camera cables2 rear tire cameras2 rear tire camera cablesGPS puck, non-USB cableMagneto kit
Colin Cooper • Director, Projects and Field ServicesRoute1 Inc.m: 801-440-1224e: colin.cooper@Route1.com w: route1.com
This electronic mail transmission contains information from Route1 Inc., that is for the sole use of the intended recipient and may contain confidential, privileged or proprietary information. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of this message, its contents, or any attachment is prohibited. If you have received this message in error, please return a copy to the sender by electronic mail indicating the error. Then, please destroy the original message and any copies from your computer.
From: Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us> Sent: Thursday, September 7, 2023 5:21 PMTo: Elton Crawford <elton.crawford@route1.com>; Colin Cooper <colin.cooper@Route1.com>Cc: Ken Hartlen <ken.hartlen@route1.com>; Alex Rogowski <alex.rogowski@Route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>; Chad Carter <chad.carter@route1.com>Subject: RE: Route 1 and City of Bremerton Equipment Services Thank you Elton for this update – Much appreciated Melinda Monroe, MBAContracts AdministratorOFFICE (360) 473-5306melinda.monroe@ci.bremerton.wa.us
NOTE: Please be advised the City of Bremerton is required to comply with the Public Records Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City, including personal information, may ultimately be subject to disclosure as a public record.
From: Elton Crawford <elton.crawford@route1.com> Sent: Thursday, September 7, 2023 4:12 PMTo: Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us>; Colin Cooper <colin.cooper@Route1.com>Cc: Ken Hartlen <ken.hartlen@route1.com>; Alex Rogowski <alex.rogowski@Route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>; Chad Carter <chad.carter@route1.com>Subject: RE: Route 1 and City of Bremerton Equipment Services
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.Melinda, We are still working the list of items and adjusted quote. Colin flew to the east coast today, so he hasn’t been available most of the day. We will have you something for this soonest. Thank you for your patience.
Elton Crawford • VP, Customer ExperienceRoute1 Inc.t: 931-220-6225 | m: 480-353-6279e: elton.crawford@route1.com w: route1.com
This electronic mail transmission contains information from Route1 Inc., that is for the sole use of the intended recipient and may contain confidential, privileged or proprietary information. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of this message, its contents, or any attachment is prohibited. If you have received this message in error, please return a copy to the sender by electronic mail indicating the error. Then, please destroy the original message and any copies from your computer.
From: Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us> Sent: Thursday, September 7, 2023 3:49 PMTo: Colin Cooper <colin.cooper@Route1.com>; Elton Crawford <elton.crawford@route1.com>Cc: Ken Hartlen <ken.hartlen@route1.com>; Alex Rogowski <alex.rogowski@Route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>Subject: RE: Route 1 and City of Bremerton Equipment Services Colin – Elton, Any updates and an estimated time of response? I understand that we are expecting a new quote for the current ALPR Equipment transfer from the Yaris to the Nissan Leaf – understanding that we cannot reuse camera and cables and some other periphals.
I have attached my equipment listing and spec sheet from our original purchase with hopes that this helps you. I have also attached the packing list from Route 1- I understand we need to use the Sharp X versus the Sharp Z3 As mentioned if we can get an updated quote and install that is appreciated.
I have not heard yet on the arrival date of our Go-4- I will definitely let you know as soon as I hearback. Melinda Monroe, MBAContracts AdministratorOFFICE (360) 473-5306melinda.monroe@ci.bremerton.wa.us
NOTE: Please be advised the City of Bremerton is required to comply with the Public Records Act Chapter 42.56 RCW. This act establishes a strong state mandate in favor of disclosure of public records. As such, the information you submit to the City, including personal information, may ultimately be subject to disclosure as a public record. From: Charles Ernst <Charles.Ernst@ci.bremerton.wa.us> Sent: Wednesday, September 6, 2023 9:02 AMTo: Melinda Monroe Melinda.Monroe@ci.bremerton.wa.us; Chad Carter chad.carter@route1.comCc: Matthew Coyne matthew.coyne@reefparking.com; Colin Cooper colin.cooper@route1.com; Dave Sorensen Dave.Sorensen@ci.bremerton.wa.us; Elton Crawford elton.crawford@route1.com; Ken Hartlen ken.hartlen@route1.com; Alex Rogowski alex.rogowski@route1.comSubject: RE: Route 1 and City of Bremerton Equipment Services Good day;Evidently all the parts needed to transfer from the Yaris to the Leaf are not here.With this I think it is best if we install the new equipment into the leaf and then when the GO-4 arrives we transfer the equipment from the Yaris to the GO-4.We can work with the budget numbers at a later date. Chuck ErnstSupervisorCity of Bremerton/ ESD360-473-5621Charles.ernst@ci.bremerton.wa.us
From: Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us> Sent: Monday, September 4, 2023 9:35 PMTo: Chad Carter <chad.carter@route1.com>Cc: Matthew Coyne <matthew.coyne@reefparking.com>; Colin Cooper <colin.cooper@route1.com>; Dave Sorensen <Dave.Sorensen@ci.bremerton.wa.us>; Elton Crawford <elton.crawford@route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>; Ken Hartlen <ken.hartlen@route1.com>; Alex Rogowski <alex.rogowski@route1.com>Subject: Re: Route 1 and City of Bremerton Equipment Services Thank you all!
Sent from my iPhone
On Sep 4, 2023, at 10:50 AM, Chad Carter <chad.carter@route1.com> wrote:
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.Team, Just to confirm, we are sticking to the original schedule. Colin will be on site at 7:00 a.m. on Wednesday morning. You can keep the vehicle in service to the end of the day on Tuesday and just have it dropped off Tuesday EOD. Thank you, Sent from my Verizon, Samsung Galaxy smartphoneGet Outlook for Android
Chad Carter • SVP, OperationsRoute1 Inc.m: (480) 932-7689e: chad.carter@route1.com w: route1.com
This electronic mail transmission contains information from Route1 Inc., that is for the sole use of the intended recipient and may contain confidential, privileged or proprietary information. If you are not the intended recipient, please be aware that any disclosure, copying, distribution or use of this message, its contents, or any attachment is prohibited. If you have received this message in error, please return a copy to the sender by electronic mail indicating the error. Then, please destroy the original message and any copies from your computer.
From: Matthew Coyne <matthew.coyne@reefparking.com>Sent: Monday, September 4, 2023 10:17:50 AMTo: Melinda Monroe <Melinda.Monroe@ci.bremerton.wa.us>; Colin Cooper <colin.cooper@Route1.com>Cc: Dave Sorensen <Dave.Sorensen@ci.bremerton.wa.us>; Chad Carter <chad.carter@route1.com>; Elton Crawford <elton.crawford@route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>; Ken Hartlen <ken.hartlen@route1.com>; Alex Rogowski <alex.rogowski@Route1.com>; Charles Ernst <Charles.Ernst@ci.bremerton.wa.us>Subject: RE: Route 1 and City of Bremerton Equipment Services HI Melinda,
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA
230312
7/28/23
Route1 Inc.ALPR Parking Enforcement
41,599.15 & $11,983.80
Melinda/Contracts X5306
X
MRR 8.4.23
Note: Terms provide for mandatory arbitration as well as controlling law in AZ.
DocuSign Envelope ID: C1C08C58-892C-4594-AC21-A222F5E25237DocuSign Envelope ID: 2940BC42-6C42-4503-84F0-D2CD4464DAAA