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Home My WebLink AboutiyeTek LLC - Service Agreement 2011 07 28 Service Agreement J�► This Service Agreement dated this'�b day of� 2011 is entered into by and agreed between: , iyeTek LLC 4664 Campus Drive, Ste. 100 Kalamazoo MI 49008 (Herein "iyeTek") -AND- City of Winter Springs , C/0 Winter Springs Police Department, State and International Accredited Agency ' 1126 E. State Road 434 � Winter Springs, FI 32708 (Herein "LEA") IN CONSIDERATION OF THE CO�/ENANTS and agreements contained in this Service Agreement and Exhibit "A" project'deliverables, the parties to this Agreement agree as follows: Services � Subject to the terms and conditions contained herein, "iyeTek" agrees to provide to "LEA ; and "LEA" agrees to purchase from "iyeTek", a total turnkey electronic Crash Reporting System, as identified in "Exhibit A" — Project Deliverables. Term The term of this Agreement shall commence on the date upon which the Service first becomes available. Unless terminated in writing 'by either party (see Cancellation Section) Service will automatically continue on a yearly basis upon the same terms and conditions. Resaonsibilities and Comaensation for each Partv 1. The "LEA" will accept the sum of $_2.Ot� for each report that is downloaded by an insurance company, citizen, law firm, or any government / non-government entity, etc. where fees are assessed by the "LEA". Law Enforcement Agencies have free access to the crash reports that are deposited to the AuthorizeTransaction.com _ _ __ . system. This compensation will be provided to the "LEA" from "iyeTek" or its subsidiary company within 45 days of the actual download. "iyeTek" will provide to the "LEA" a monthly activity report detailing the number of reports uploaded and sold through its eCommerce website, www.AuthorizeTransaction.com and a check for the previous months activity . 2. The "LEA" will direct all Insurance Companies and other entity requests for traffic accident reports to the www.AuthorizeTransaction.com eCommerce website, within 30 days of implementation of iyeCrash software, "System". 3. The "LEA" underst,ands that any legally documented Insurance Agency, "LEA" or other entity deemed appropriate by the "LEA" and "iyeTek" may access the traffic accident images. The "LEA" authorized agent signing this agreement acknowledges this waiver. Force maieure If "iyeTek's" or "LEA's" performance of t�is Agreement or any obligation hereunder is prevented, restricted or interfered with by causes beyond its reasonable control, including but not limited to, acts of God, fire, explosion, vandalism, cable cut, storm or other similar occurrence, any law, order, regulation, direction, action or request of the United States government or state or local governments, any instrumentality of any one or more said governments, or of any civil or military authority, or by national emergencies, insurrections, riots, wars, strikes, lockouts or work stoppages or other labor difficul,ties, supplier failures, shortages, breaches or delays, "iyeTek", nor "LEA" shall be liable for any such failure of performance. Cancellation "iyeTek" and "LEA" reserve the right to terminate this Agreement. Notice of termination should be sent in writing to the "LEA" or to "iyeTek" within 90 day prior to the cancellation date. If software and/or hardware is provided by "iyeTek" and termination occurs within the first three years, all items must be returned. If the "LEA" does not notify the "iyeTek" 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 90 days prior to cancellation. Notices � Any notice to be given or document to be delivered to either "iyeTek" or "lEA" pursuant to this Agreement will be sufficient if delivered personally or sent by first class certified mail return receipt requested to the addresses specified above. Data Sharin� "LEA" agrees to allow "iyeTek" to share VIN and other crash data with iyeTek's business partners in compliance with Florida's 60 day rule 316.066. (Note: No personal or private information concerning drivers, passengers, owners, witnesses or other involved parties will be shared with business partners.) General Provisions This agreement shall be governed by the laws of Florida. Venue for any state law causes of action shall be exclusively in Seminole County, Florida and venue for any federal causes of action shalC be exclusively in Orlando, Florida. The agreement shall be deemed void if found, in derogation of any laws of the State of Florida. If any part of any provision of this Agreement shall be invalid or unenforceable under applicable law, said part shall be i'neffective to the extent of such invalidity only, without in any way affecting, the remaining parts of said provision or the remaining provisions of this Agreement and "LEA" and "iyeTek" hereby agree to negotiate in good faith with respect to any such invalid or unenforceable part to the extent necessary to render ' such part valid and enforceable. J� � ► y IN WITNESS WHEREOF the undersigned have executed this Agreement as this �8 day of ju+�, 2011. iyeTek LLC "iyeTek" Per: �J9�Gtu✓� � C)�{ In G/� {�'� G�� Witn s �/ " �niv City of Winter Springs (C/0 Winter Springs Police Department) "LEA" �� vin l. Smit , City Manager �:, � Witness Exhibit "A" STATEMENT OF WORK/TERMS & CONDITIONS Project Title: Winter Springs Crash Report Project 2011 �� This Proposal and Statement of Work, is issued this �$ day of 2011, between iyeTek LLC ("iyeTek") and the City of Winter Springs (C/0 Police Department) (LEA). "iyeTek" with its principal place of business located at 4664 Campus Drive Ste 100, Kalamazoo MI 49008 and "LEA" with its principal place of business located at 1126 E. State Road 434, Winter Springs, FI 32708 Section I "iyeTek" will develop and implement a total turnkey solution that encompasses the electronic crash reporting system; called iyeCrash hereafter referred to as the "System" for "LEA". The required items are as follows: Site License iyeCrash Software for crash report and driver exchange $35,700.00 -$35,700.00 Software generation functional on laptops in patrol cars and deskto com uters ci ide. : Site License Voice . Verbal response of data queri�s from national, state $9,800.00 -$9,800.00 Response and local databases functional' on laptops in patrol Software cars and deskto com uters ci, ide. Site License Auto Distribution of "crash numbers� to an unlimited $9,800.00 -$9,800.00 Numbering number of computers function�l on laptops in patrol Software cars and deskto com uters c� ide. Site License Crash Data Crash data is exported to the agency's records $7,500.00 -$7,500.00 Export ' management system `"Current RMS vendor may Software char e additional fee for crash.data inte ration. 1 Project Dedicated project manager is �ssigned from project $2,000.00 -$2,000.00 Management start to software acceptance � 1 Training Training session with "iyeTek" staff. Train the trainer $1,000.00 -$1,000.00 session. 1 System "iyeTek" maintenance is based; on 18% of total $6,426.00 -$6,426.00 Annual software site license value. Coverage includes voice, Maintenance e-crash, updates and new HSMV revisions. System maintenance includes revisions mandated and changes required by NHTSA, including the 2011 Florida crash report. ' Total $0.00 Note: Senrice and licensing is granted as part of the Florida Police Chiefs Association and provides life of contract zero cost u date and maintenance service.