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Reso 2025-3888
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Reso 2025-3888
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Last modified
10/21/2025 10:20:20 AM
Creation date
9/29/2025 1:45:54 PM
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CityClerk-Resolutions
Resolution Type
Resolution
Resolution Number
2025-3888
Date (mm/dd/yyyy)
09/18/2025
Description
Agrmnt w/ ETA PHI Systems, Inc d/b/a ETA Transit Systems for Transit Asset Mgmt & Intelligent Transportation Systems Software
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VMM <br />ensuring that any telephone numbers or any information relating to the System, the security of the System, the <br />encryption methods used and all or any other security features are kept absolutely confidential; ensuring that the use of <br />the System by Customer is under the control and authority of a proper and adequately trained employee. <br />Customer will install, use, maintain, and remove the Hardware according to ETA's specifications, will safeguard the <br />Hardware from loss or damage of any kind, and will not permit anyone other than an authorized representative of ETA <br />to perform any work on the hardware. Customer agrees and understands that tampering with Hardware shall void all <br />warranties. Except for ordinary wear and tear covered by the limited warranty, Customer is responsible for all Hardware <br />damaged, destroyed, lost, or stolen while in Customer's possession and shall be liable for the cost of repair or <br />replacement of the Hardware and remain responsible for the Subscription Fee during any such repair or replacement <br />period. <br />If Customer is not the owner of the property upon which Hardware and Software are to be installed, Customer shall <br />obtain the written consent of the owner of the premises and/or property for ETA personnel and/or its agents to enter the <br />premises for the purposes of installing, maintaining, and retrieving the same. <br />Data storage <br />a) Customer understands that unless Customer purchases data retention services, ETA will have the right to <br />purge detailed packet data submitted by Customer on a 90 -day rolling schedule. ETA will retain summary <br />data for the fife of the Contract. <br />b) Unless Customer has made other arrangements in writing with ETA, all data submitted using the System may <br />be purged as provided above. The Customer must reaffirm this request annually during the renewal process. <br />c) Customer shall be solely responsible for printing data and inspection reports for vehicles involved in an <br />accident. Customer understands and agrees that ETA is not required to retain records except as provided in a <br />separate agreement. <br />Wireless data policies <br />a) Customer understands and agrees that Customer has no contractual relationship with a wireless carrier and <br />Customer is not a third -party beneficiary of any agreement between ETA or an ETA Agent and a wireless <br />carrier. <br />b) Customer understands and agrees that the underlying wireless carrier shall have no legal, equitable or other <br />liability of any kind to Customer. <br />c) Subject to FCC Number portability rules, Customer has no property or other rights in any Number assigned to <br />it and Customer understands that any such Number can be changed from time to time. <br />d) Customer agrees that ETA and/or wireless carrier shall not be responsible for interruption of service for any <br />reason or the inability to use the service caused by force majeure. <br />e) Customer understands and agrees that the liability and obligation of ETA to Customer for services may be <br />controlled and limited by a wireless carrier's tariff, if any, and the laws, rules and regulations of the Federal <br />10 • Agreements � Exhibit 2: Addendum System subscription agreement > Subscription agreement Initials: <br />
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