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FMS/Meet C(? N-2012-055 2 R1cK?aw?cabaMA A2p1a Balmily 4b"IN TM Service Agreement /Terms and Conditions 1.0 Upon execution of this Agreement, Customer will be responsible for providing a list of all vehicles that are to be enrolled in the monitoring program from Driver s Alert. The list shall include all necessary information such as location, type, color license number and vehicle number or other information as may be required for Driver s Alert to monitor and report the incidents. 2.0 Customer agrees to affix the decals to the vehicles exactly in accordance with the matrix of decal number to vehicle identification. 3.0 Customer agrees to implement the program to include timely documentation of completed action between the supervisor and driver for each incident report. 4.0 Driver s Alert reserves the right to terminate this. agreement and the program in the event that the Customer fails. to comply with the terms and conditions herein set forth or any other reasonable requirement upon the Customer to support the program to include but not be limited to the full and timely payment of invoices rendered. 5.0 Customer agrees that Driver s Alert shall not be liable for any claims or losses resulting to Customer from its reliance upon any information provided under this Service Agreement by any other party. 6.0 Customer agrees to be solely liable for any claim resulting from the Customer s disclosure of the caller s information to a driver or any other third party. - 7.0 Customer shall make modifications directly through the interactive web site or shall notify Driver s Alert of any additions or deletions of vehicles participating in this program within 15 days from such change. The Customer recognizes that the addition of vehicles will result in the payment of additional costs to Driver s Alert. 8.0 Driver s Alert shall provide invoices prior to the expiration of the period for which payment has previously been made. Driver s Alert reserves the right to terminate monitoring service without notice for any account that has a past due balance. 9.0 Customer agrees that the Incident Reports and Management Summaries provided under this Agreement are copyrighted and proprietary to Driver s Alert, Inc., and further agrees that it will not distribute the reports or summaries to any third party other than its employees and insurance company, provided the insurance company has paid for some or all of the cost of the program. Signat r Date 3 /(;,/'L Paul M. Walters City Manager Driver s Alert Fax: (561) 417-1317 Recommended for Approval Francisco Gutierrez Executive Director Finance 6 Management Services Agency AP. Rs. V i ) .J T'o lrOliiV3 _ LZe rr1L=`?e Laura Si:L: Sne dy Assisfun= Cly Auormc, ATTEST: °3' . Maria D. Huizar Clerk of the Council Quote ID#QUO-02590-OC5BPJ