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8G Consent 2015 0518
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8G Consent 2015 0518
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Last modified
6/5/2019 9:24:13 AM
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5/13/2015 9:27:23 AM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
5/18/2015
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PERM
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_CCAgenda 2015 0518 CS+RG
(Reference)
Path:
\City Clerk\City Council\Agenda Packets\2015\Packet 2015 0518
Reso 2015-093
(Reference)
Path:
\City Clerk\City Council\Resolutions\2015
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This License is for use of BikeLink Software loaded on equipment listed below, as noted in purchase agreement dated: <br />TEs �N©cQ�ibi r�� 3l <br />a <br />By taking ownership or jurisdiction of equipment using the BikeLink'" system, you (the OWNER, or entity with jurisdiction) agree to <br />the following terms and conditions: <br />4.1. SCO PE This License is grants OWNER the right to use the Software installed on individual BikeLink'" controllers or Kiosks; <br />it is not a general site license. This license covers only software installed on equipment specifically named in section 4, <br />BikeLink'" access devices, and web -based software accessed with a facility owner login at bikelink.org. <br />4.2. CARDHOLDER AN D USER AGREEMENT OWNER agrees to support and uphold the terms and conditions of the <br />universal BikeLink'"" Cardholder and User Agreement, including the privacy policy regarding user information. <br />4.3. I NTE R -AG E N CY FACI LITY N ETW O R K OWNER agrees to support the BikeLink'"" inter -agency facility network. <br />Specifically, you agree to permit ELOCK dba BikeLink'"" to: <br />a. Sell ACCESS DEVICES directly to users for BikeLink'"' equipment you have purchased, <br />b. Provide information and assistance directly to users, <br />C. Maintain a complete USER information database which allows any BikeLink'"" System Facility Owner to look up an <br />individual USER's information, <br />d. Maintain the universal User Agreement on behalf of all Facility Owners, <br />e. Track usage at your facility and report, or publish it in an aggregated form, <br />f. Attach to each locker a small sign, sticker, label or other similar item, displaying eLock's name, address, BikeLink'"" <br />logo, contact information, and product information such as model number, <br />g. Attach a sign at each location approximately 18" x 24" in size displaying the BikeLink'"" logo and information about <br />how to use the BikeLink'"" system. <br />4.4.ADMINISTRATIVE DEVICES OWNER agrees to carefully safeguard BikeLink'"" ADMINISTRATIVE DEVICES, and to report <br />their loss to ELOCK immediately. <br />4.5. ACCESS RESTRICTION OWNER may restrict access to a BikeLink'"' facility under OWNER's control, by setting up <br />restrictive access zones. To permit access, OWNER obtains from ELOCK a unique access code, associated with each <br />individual user's standard BikeLink'"" access device to whom OWNER wishes to grant access. A nominal fee is charged for <br />each access code generated by ELOCK. The access code permanently adds permissions for the specified access zone to the <br />user's BikeLink'"" access device. <br />Information collected upon issuing an access code, beyond the standard information requested from every BikeLink'"" user <br />upon access device activation, need not be shared with other facility owners via the BikeLink'"' database. However, neither <br />restricting access to OWNER's BikeLink'"' Facility by implementing access zones, nor issuing access codes to vetted users, <br />releases OWNER from obligations to the BikeLink'"" inter -agency facility network as described above. <br />USERS who have been issued access codes for a specific BikeLink'" facility retain the ability to access other unrestricted <br />BikeLink'"" facilities. Therefore, to protect the interests of other Facility Owners, all USERS' information must be included in <br />the BikeLink'"' database even if the USER's primary BikeLink location is one with restricted access. <br />4.6. REVENUE AND RENTAL RATES The BikeLink system relies on rental charges accruing in proportion with actual rental <br />time in order to encourage turnover and effectively deter monopolization of the resource by some users. OWNER agrees <br />that the base rental rate of its ELOCKERs will remain set at between $0.05 and $0.10 per hour and that the expired rental <br />rate charged whenever a user allows their meter to expire will be set at least two times the base rental rate. OWNER <br />agrees that the system -wide base rental rate may be periodically adjusted in accordance with changes in the U.S. <br />Consumer Price Index. To compensate ELOCK for the services described in section 6, which are provided for as long as the <br />BikeLink'" facility is in operation, OWNER agrees that all revenue up to $0.10 per hour and 10% of revenue above $0.10 per <br />
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