HomeMy WebLinkAboutContracts & Agreements_65-12_CCv0001.pdf Service Agreement
This Service Agreement is effective this Is'day May, 2012.
BETWEEN:
DOCVIEW LLC of 5801 W Michigan Ave. Ste. D, Lansing, MI 48917
- AND—
The CITY OF REDLANDS of 35 Cajon Street, Redlands, CA 92373 (herein"CITY")
IN CONSIDERATION OF THE COVENANTS and agreements contained in this Service
Agreement,the parties to this Agreement agree as follows:
Responsibilities and Compensation for each Party
1. The CITY will transmit(scan, fax or electronically send)traffic crash reports to the
DOCVIEW LLC eCommerce system on a daily basis, with the exception of
Saturdays, Sundays or any holiday in which employees assigned to transmitting
traffic crash reports for CITY are not working. It is the responsibility of the CITY to
comply with State Laws and Local Ordinances in regards to protecting the identity of
individuals listed in the crash report by either not transmitting the report to
DOCVIEW LLC eCommerce system or by redacting information on the crash report
prior to transmitting.
2. Crash report images will be maintained by DOCVIEW LLC for a minimum of five
(5)years. Images older than five(5) years may be permanently deleted by
DOCVIEW LLC without prior notification to the CITY. CITY agrees that the
eCommerce system maintained by DOCVIEW LLC is not considered to be the
official repository of images for the CITY.
3. The CITY will direct all Insurance Companies for copies of traffic crash reports to the
DOCVIEW LLC eCommerce System.
Excuse for Delay or Failure to Perform
4. DOCVIEW LLC or the CITY will not be liable in any way for a delay in transmitting
crash reports due to labor disputes, transportation shortage, fires, and other causes
beyond the control of DOCVIEW LLC or the CITY.
Cancellation
5. DOCVIEW LLC and CITY reserve the right to cancel this Agreement. Notice of
Cancellation in writing to the CITY or to DOCVIEW LLC shall be made 30 days
prior to the cancellation date. If equipment is provided by DOCVIEW LLC as
specified in Section 1 above and cancellation occurs within the second year, all
equipment must be returned within 30 days of the Notice of Cancellation. If the
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CITY does not notify the DOCVIEW LLC prior to the end of the first year, this
agreement will be extended for succeeding one year periods unless either party
notifies the other in writing at least 30 days prior to cancellation. Within 30 days of
the cancellation date, DOCVIEW LLC will provide an electronic copy of each crash
report image if requested in writing by the CITY within the Notice of Cancellation.
Notices
6. Any notice to be given or document to be delivered to either DOCVIEW LLC or
CITY pursuant to this Agreement will be sufficient if delivered personally or sent by
prepaid registered mail to the address specified above.
Data Sharing
7. CITY agrees to allow DOCVIEW LLC to share VIN and other crash data with
DOCVIEW LLC's business partners. (Note: No personal or private information
concerning drivers, passengers, owners,witnesses or other involved parties is
shared with business partners.)
Prohibition
8. CITY is prohibited from allowing any person not employed by the CITY from
utilizing CITY user logins provided to the CITY from DOCVIEW LLC that allow
access to DOCVIEW LLC's eCommerce System. Any exceptions to this section will
have to be approved by DOCVIEW LLC.
Indemnification
9. DOCVIEW LLC shall indemnify, defend and hold harmless CITY, and CITY shall
indemnify,defend and hold harmless DOCVIEW LLC, against all damage or claims
or losses arising out of or related to breach of the covenants and agreements contained
herein. Regardless of whether any covenant or agreement herein fails of its essential
purpose,in no event will either party be liable for any incidental, special, exemplary,
punitive,indirect or consequential damages arising out of or relating in any way to
this agreement (such damages including, without limitation, damages for lost
information, lost profits or business interruption, even if such party has been
informed, is aware, or should be or have been aware, of the possibility of such
damages.
Governinu Law
10. This Agreement shall be governed by the laws of the State of Michigan.
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DOCVIEW, LLC and CITY hereby agree to the contents of this Service Agreement.
DOCVIEW LLC CITY
71
Signature: Signature:
Name: Name: Pete Aguilar
Title: Title: — Mayor
Date: Date: May 1, 2012
ATTEST:
Sam Irwin, Ci Clerk
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