HomeMy WebLinkAboutContract 62245CSC No. 62245
FEATURE ACTIVATION REQUEST - CREDIT REPORTS
This REQUEST, including the following Fair Credit Reporting Agreement, is submitted by the
organization listed on page two below ("Customer") as of the date reflected in the Customer Signature section
on page 3 below (the "Effective Date").
Customer is a current User of the Guardian Platform and wishes to activate the Credit Reporting Service
Feature for use by the Authorized Users of its Platform Account in accordance with all Terms and Conditions
outlined herein.
R E Q U E S T
1. Activation. By submitting this Feature Activation Request (the "Request"), Customer hereby requests
that the Credit Reporting Service Feature be activated within their Platform Account for use by Customer's
Authorized Users. Upon receipt of this signed Request, Guardian shall provision a Credit Report account
and upon such provisioning, shall activate the Credit Reporting Service Feature within Customer's
Guardian Platform account.
2. Terms of Service. Customer understands that all of the Terms of Service of the Guardian Platform
remain in full force and effect.
3. No Obligation. Customer is under no obligation to use the Credit Reporting Service Feature. In the event
that Customer does not use the Credit Reporting Service Feature the Terms of this Agreement will be of
no force or effect.
4. Data Supplier. The term "data supplier" is used in Addendum 1 to refer to any organization that provides
data pursuant to this Agreement. It is mutually understood that this term refers to third parties.
FCRA Compliance. Pursuant to the Fair Credit Reporting Agreement incorporated herein, Customer
hereby acknowledges that Customer is solely responsible for its compliance with the Fair Credit Reporting
Act ("FCRA") and any applicable state and local consumer reporting laws, in connection with its use of
the Credit Report Service Feature and agrees to comply with all Terms of the Fair Credit Reporting
Agreement attached hereto as Addendum 1.
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
FAIR CREDIT REPORTING AGREEMENT
This Agreement, made as of the date reflected in the Signature fields on pages 3 and 5 (the "Effective Date") is hereby made between Guardian
Alliance Technologies, Inc, having an address of 11 S. San Joaquin St., 81 Floor, Stockton, CA 95202 (hereinafter referred to as "GAT"), and
City of Fort Worth on behalf of the Fort Worth Police Department William Johnson
Customer Name (hereinafter referred to as "Customer")
Authorized Rep Name
100 Fort Worth Trail, Fort Worth, TX 76102 Lt. Justin Seabourn - (817) 392-4497
Street Address, City, State, Zip Phone Number
The Parties Hereby Agree as follows:
1. PERFORMANCE. Following the effective date above and throughout length of service, Guardian, their agents, and data suppliers will
exercise their best efforts to deliver consumer data and related services requested by Customer in an expeditious and efficient manner but
they shall have no obligation or liability to Customer for any delay or failure of Guardian, its agents, or data suppliers in performance of
services under this Agreement.
2. CONFIDENTIAL TREATMENT. Under no circumstances will Customer disclose the information provided by Guardian, their agents, or
data suppliers under this Agreement to any person other than the consumer for whom the consumer information was drawn. Under no
circumstances will Customer resell to any person, the consumer information provided by Guardian, their agents, or data suppliers. All parties
hereby acknowledge that the Services and/or data provided any party to the other may include personal information pertaining to individual
consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality
and prevent unlawful dissemination or misuse by its employees, officers, agents or any other person with access to such information. The
Services and data shall only be used as expressly authorized in this Agreement or in any Addendum. The FCRA and other Federal and State
Laws concerning Consumer Privacy, as well as the Credit Reporting Industry, regulate Credit Reporting Agencies and data suppliers. In
accordance with those requirements, Guardian, their agents, and data suppliers will not disclose either directly or indirectly to any person,
firm or corporation, information of any kind, concerning matters affecting or relating to the business of its Customers or consumers unless
the information is already in the public domain or disclosure is permitted or required by law.
3. COMPLIANCE WITH LAWS. All parties agree to comply with all federal, state and local laws, rules and regulations applicable to each
party's receipt and use of data provided to the other. Guardian reserves the right to revise the terms, conditions or pricing under this
Agreement, any Addendum and/or the Services (including without limitation the right to withdraw or restrict affected data) to meet any
requirement imposed by federal, state or local law, rule or regulation, or to address matters concerning privacy and confidentiality, following
reasonable notice to Customer.
4. FCRA REQUIREMENTS. The Fair Credit Reporting Act affects you as a user of information. You can review a copy of the FCRA at
httr)://www.ftc.eov/os/statutes/fcraiumD.htm. You and your employees should become familiar with the entire Federal Credit Reporting Act
including the Fair and Accurate Credit Transaction Act of 2003 and the Financial Literacy and Education Improvement Act. Guardian
strongly endorses the letter and spirit of the FCRA. We believe that these laws and similar state laws recognize and preserve the delicate
balance between the rights of the consumer and the legitimate needs of commerce. In addition to the FCRA, other federal and state laws
addressing such topics as computer crime and unauthorized access to protected databases have also been enacted. As a prospective user of
consumer reports, we expect that you and your staff will comply with all relevant federal statutes and the statutes and regulations of the states
in which you operate. Please log onto www.ftc.eov for more information.
5. NEGATION OF LIABILITY. Guardian, their agents, and data suppliers shall exercise their best efforts to furnish to Customer reliable
data, but Guardian, their agents do not and cannot guarantee the correctness or completeness of such consumer data. Neither Guardian, their
officers, employees, agents, or data suppliers shall be liable to the Customer for any claim, injury or damage as a consequence of furnishing
such data.
6. CUSTOMER'S CERTIFICATION. Customer hereby certifies to Guardian that consumer reports will be obtained and used exclusively
for screening prospective employees and that Customer will comply with the following provisions:
a. Customer may not procure a consumer report without the advanced written permission of the consumer.
b. In addition, Customer may not procure a consumer report or cause a consumer report to be procured, for employment purposes,
with respect to any consumer unless:
i. a clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to
be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment
purposes; and
ii. the consumer has authorized in writing the procurement of the report by the Customer.
c. In using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report,
Customer shall provide to the consumer to whom the report relates:
i. a copy of the report; and
ii. a description in writing of the rights of the consumer under the Act, a copy of which is attached hereto ("Summary of
Consumer Rights") as Exhibit 1.
d. After taking any adverse action based in whole or in part on the report, Customer shall provide to the consumer to whom the report
relates:
i. oral, written, or electronic notice that adverse action has been taken based in whole or in part on a consumer report
received from Guardian; and
ii. the name, address, and telephone number of Guardian along with a statement that Guardian did not make the decision to
take the adverse action and cannot provide the consumer specific reasons why the adverse action was taken; and
iii. oral, written, or electronic notice of the consumer's right to obtain a free copy of a consumer report from Guardian and
may dispute the accuracy or completeness of any information furnished in the report.
e. The information from the consumer report will not be used in violation of any applicable federal or state equal employment
opportunity law or regulation.
f. Customer agrees to retain the consumer's written authorization for a period of five years unless local jurisdictions stipulates
otherwise. From time to time Guardian may request proof of the consumer's written authorization as part of its compliance auditing
procedures. Customer agrees to comply with such requests.
g. If the applicant is a resident of CA, OK, or MN and requests to receive a copy of the completed consumer report, Customer agrees
to provide a copy of the completed report to the applicant. For the convenience of the Customer, the sample release provided by
Guardian includes a check box allowing an applicant with residency in these states to request a copy of the report.
7. ACCESS SECURITY REQUIREMENTS. We must work together to protect the privacy of consumers. The following measures are
designed to reduce unauthorized access of consumer reports. In accessing the Services under this agreement, you agree to the following
security provisions:
a. Make all employees aware that your company can access consumer information only for the purpose of screening prospective
employees. You or your employees may not access your own reports, as this does not constitute a permissible purpose. Nor
should you or your employees access the report of a family member or friend unless it is for employment screening purposes.
b. You must protect your account number and password so that only key personnel employed by your company know this sensitive
information. System access software must have your account number and password "hidden" or embedded and be known only by
supervisory personnel. Do not discuss your account number and password by telephone with any unknown caller. Restrict the
ability to obtain consumer reports to only personnel that require this information. Place all terminal devices used to obtain consumer
reports in a secure location within your facility.
c. After normal business hours, be sure to turn off and lock all devices or systems used to obtain consumer reports; secure hard copies
and electronic files of consumer reports.
d. Shred or destroy all hard copy consumer reports when no longer needed. Erase and overwrite or scramble electronic files containing
consumer information when no longer needed and when applicable regulation(s) permit destruction.
C ustoat►er:
William Johnson 3, 2024 08:06 GMT+1)
Signature of Authorized Representative
William Johnson
Print Name
Guardian 11 nce Tec ologies, Inc:
Signature o Au rized Representative
Signatures
Assistant City Manager
Title
Adam Anthony COO
Print Name Title
Nov 3, 2024
Effective Date
Para informacion en espanol, visite www. consumerfinance.,eov/learnmore o escribe a la
Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
A Summary of Your Rights Under the Fair Credit Reporting Act
The federal Fair Credit Reporting Act (FORA) promotes the accuracy, fairness, and
privacy of information in the files of consumer reporting agencies. There are many types of
consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies
that sell information about check writing histories, medical records, and rental history records).
Here is a summary of your major rights under FCRA. For more information, including
information about additional rights, go to www.consumerfinance.Lyov/learnmore or write
to: Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552.
You must be told if information in your file has been used against you. Anyone who
uses a credit report or another type of consumer report to deny your application for credit,
insurance, or employment — or to take another adverse action against you — must tell you,
and must give you the name, address, and phone number of the agency that provided the
information.
You have the right to know what is in your file. You may request and obtain all the
information about you in the files of a consumer reporting agency (your "file
disclosure"). You will be required to provide proper identification, which may include
your Social Security number. In many cases, the disclosure will be free. You are entitled
to a free file disclosure if:
o a person has taken adverse action against you because of information in your
credit report;
o you are the victim of identity theft and place a fraud alert in your file;
o your file contains inaccurate information as a result of fraud;
o you are on public assistance;
o you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon
request from each nationwide credit bureau and from nationwide specialty consumer
reporting agencies. See www.consumerfinance.aov/learmnore for additional
information.
You have the right to ask for a credit score. Credit scores are numerical summaries of
your credit -worthiness based on information from credit bureaus. You may request a
credit score from consumer reporting agencies that create scores or distribute scores used
in residential real property loans, but you will have to pay for it. In some mortgage
transactions, you will receive credit score information for free from the mortgage lender.
You have the right to dispute incomplete or inaccurate information. If you identify
information in your file that is incomplete or inaccurate, and report it to the consumer
reporting agency, the agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or
unverifiable information. Inaccurate, incomplete, or unverifiable information must be
removed or corrected, usually within 30 days. However, a consumer reporting agency
may continue to report information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In
most cases, a consumer reporting agency may not report negative information that is
more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information
about you only to people with a valid need — usually to consider an application with a
creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a
valid need for access.
• You must give your consent for reports to be provided to employers. A consumer
reporting agency may not give out information about you to your employer, or a potential
employer, without your written consent given to the employer. Written consent generally
is not required in the trucking industry. For more information, go to
www.consumerfinance.izov/learnmore.
You may limit "prescreened" offers of credit and insurance you get based on
information in your credit report. Unsolicited "prescreened" offers for credit and
insurance must include a toll -free phone number you can call if you choose to remove
your name and address from the lists these offers are based on. You may opt out with the
nationwide credit bureaus at 1-888-567-8688.
• The following FCRA right applies with respect to nationwide consumer reporting
agencies:
CONSUMERS HAVE THE RIGHT TO OBTAIN A SECURITY FREEZE
You have a right to place a "security freeze" on your credit report, which will
prohibit a consumer reporting agency from releasing information in your credit
report without your express authorization. The security freeze is designed to prevent
credit, loans, and services from being approved in your name without your consent.
However, you should be aware that using a security freeze to take control over who gets
access to the personal and financial information in your credit report may delay, interfere
with, or prohibit the timely approval of any subsequent request or application you make
regarding a new loan, credit, mortgage, or any other account involving the extension of
credit.
As an alternative to a security freeze, you have the right to place an initial or extended
fraud alert on your credit file at no cost. An initial fraud alert is a 1-year alert that is
2
placed on a consumer's credit file. Upon seeing a fraud alert display on a consumer's
credit file, a business is required to take steps to verify the consumer's identity before
extending new credit. If you are a victim of identity theft, you are entitled to an extended
fraud alert, which is a fraud alert lasting 7 years.
A security freeze does not apply to a person or entity, or its affiliates, or collection
agencies acting on behalf of the person or entity, with which you have an existing
account that requests information in your credit report for the purposes of reviewing or
collecting the account. Reviewing the account includes activities related to account
maintenance, monitoring, credit line increases, and account upgrades and enhancements.
You may seek damages from violators. If a consumer reporting agency, or, in some
cases, a user of consumer reports or a furnisher of information to a consumer reporting
agency violates the FCRA, you may be able to sue in state or federal court.
Identity theft victims and active duty military personnel have additional rights. For
more information, visit www.consumerfinance.gov/learnmore.
States may enforce the FCRA, and many states have their own consumer reporting laws.
In some cases, you may have more rights under state law. For more information, contact
your state or local consumer protection agency or your state Attorney General. For
information about your federal rights, contact:
TYPE OF BUSINESS:
CONTACT:
La. Banks, savings associations, and credit unions with a. Consumer Financial Protection Bureau
total assets of over $10 billion and their affiliates 1700 G Street NW
Washington, DC 20552
b. Such affiliates that are not banks, savings b. Federal Trade Commission
associations, or credit unions also should list, in addition Consumer Response Center
to the CFPB: 600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357
2. To the extent not included in item 1 above: a. Office of the Comptroller of the Currency
a. National banks, federal savings associations, and Customer Assistance Group
federal branches and federal agencies of foreign banks P.O. Box 53570
Houston, TX 77052
b. State member banks, branches and agencies of
foreign banks (other than federal branches, federal
agencies, and Insured State Branches of Foreign Banks),
commercial lending companies owned or controlled by
foreign banks, and organizations operating under section
25 or 25A of the Federal Reserve Act.
c. Nonmember Insured Banks, Insured State Branches of
Foreign Banks, and insured state savings associations
d. Federal Credit Unions
3. Air carriers
b. Federal Reserve Consumer Help Center
P.O. Box 1200
Minneapolis, MN 55480
c. Division of Depositor and Consumer Protection
National Center for Consumer and Depositor Assistance
Federal Deposit Insurance Corporation
1100 Walnut Street, Box #I I
Kansas City, MO 64106
d. National Credit Union Administration
Office of Consumer Financial Protection
1775 Duke Street
Alexandria, VA 22314
Assistant General Counsel for Office of Aviation Protection
Department of Transportation
1200 New Jersey Avenue SE
Washington, DC 20590
4. Creditors Subject to the Surface Transportation Board Office of Public Assistance, Governmental Affairs, and Compliance
Surface Transportation Board
395 E Street SW
Washington, DC 20423
5. Creditors Subject to the Packers and Stockyards Act,
1921
6. Small Business Investment Companies
7. Brokers and Dealers
8. Institutions that are members of the Farm Credit
System
9. Retailers, Finance Companies, and All Other
Creditors Not Listed Above
Nearest Packers and Stockyards Division Regional Office
Associate Administrator, Office of Capital Access
United States Small Business Administration
409 Third Street SW, Suite 8200
Washington, DC 20416
Securities and Exchange Commission
100 F Street NE
Washington, DC 20549
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
Federal Trade Commission
Consumer Response Center
600 Pennsylvania Avenue NW
Washington, DC 20580
(877) 382-4357
El
ACCEPTED AND AGREED:
CITY OF FORT WORTH CONTRACT COMPLIANCE MANAGER:
By signing I acknowledge that I am the person
responsible for the monitoring and
�administration of this contract, including
By: WiItiam Johnson (N v3, 202408A6GMT.1) ensuring all performance and reporting
Name: William Johnson requirements.
Title: Assistant City Manager
Date: Nov 3, 2024
APPROVAL RECOMMENDED: By: Kam`.4f PP' �
Name: Loraine Coleman
Title: Administrative Services Manager
By: RobertAIIdre ge(Nov1,202411:11CDT) APPROVED AS TO FORM AND
Name: Robert A. Alldredge, Jr. LEGALITY:
Title: Executive Assistant Chief
ATTEST: 9
of F°RT°load By:
duo° g9�dd Name: Trey Qualls
Title: Assistant City Attorney
ur_ Oa�� DEO6a54a
BY: CONTRACT AUTHORIZATION:
Name: Jannette S. Goodall M&C: (None Required)
Title: City Secretary Date Approved: N/A
GUARDIAN ALLIANCE
TECHNOLOGIES, INC.
4�Javw,4h tkov
By: Adam Anthony (Oct 31, 2024 1:05 PDT)
Name: Adam Anthony
Title: COO
Date: Oct 31, 2024
Form 1295 Certification No.: N/A
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX