HomeMy WebLinkAboutContract 45789STATE OF TEXAS §
COUNTY OF TARRANT §
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DISTRICT CLERK WEROBASE'D ACCESS
SUBSCRIBER AGREEMENT
This DISTRICT CLERK WEB -BASED ACCESS SUBSCRIBER AGREEMENT
(hereinafter "agreement") is by and between Thomas A. Wilder, District Clerk of
Tarrant County, Texas (hereinafter "DISTRICT CLERK") having administrative
offices located at the Tarrant County Justice Center, 401 West Belknap, Fort Worth
Texas, and the CITY OF FORT WORTH, a home rule municipal corporation situated in
portions of Tarrant, Denton and Wise Counties, Texas, acting by and through Charles
Daniels, its duly authorized Assistant City Manager (hereinafter "SUBSCRIBER"),
having its principal place of business at 1000 Throckmorton Street, Fort Worth,
Texas.
I. GENERAL PROVISIONS
1.01 Entire Agreement
This agreement constitutes the entire agreement between DISTRICT CLERK
and SUBSCRIBER and supersedes all proposals, oral and written, and all other
communications between the parties in relation to the subject matter of this
agreement.
1.02 Effective Date
This agreement is effective as of the last date indicated below the
signatures of the parties hereto.
DISTRICT CLERK WEB -BASED ACCESS SUBSCRIBER AGREEME!
FFICIAL RECO e 1 of 10
CITY SECRETARY .'
G a WORM, TX
1.03 Termination Date
This agreement is effective for one (1) year from the effective date set out
in 1.02 above and is automatically renewed for additional periods of one (1) year
unless terminated as set forth in 1.04 or 1.05 below.
1.04 Termination by Written Notice
This agreement may be terminated by either party upon written notice to
the other party.
1.05 Automatic Termination
This agreement may be terminated automatically (without notice) if
SUBSCRIBER it a) to pay any fees set out in this agreement, or b) to maintain
sufficient funds in its account to pay all anticipated fees, or c) to follow the procedures
for access to DISTRICT CLERK'S subscriber system.
1.06 Type of Access
SUBSCRIBER desires access to the following information:
(a) District and County Court Criminal records;
(b) District Court Civil records,
(c) District Court Family records;
(d) District Court Tax records,; and
(e) District Court imaged documents.
Certain information and/or records included in these categories may be
unavailable as set out by law or court order.
DISTRICT CLERK WEB.-BASED ACCESS SUBSCRIBER AGREEMENT Page 2 of 10
1.07 Ownership of Information
SUBSCRIBER agrees that much, if not all, of the information to be accessed
through this agreement consists of records of the judiciary, and such records,
including the format in which they are disclosed, are subject to the ultimate control of
the judiciary and its custodians of records.
II. COST, BILLING AND PAYMENT
2.01 Processing Fee
SUBSCRIBER shall pay a $50.00 non-refundable processing fee at the
time this agreement is submitted to the DISTRICT CLERK.
2.02 Escrow Account
SUBSCRIBER shall maintain an escrow account, to be administered by the
DISTRICT CLERK, in an amount sufficient to cover the future month's usage
(monthly charge) by SUBSCRIBER. When and if the escrow account reaches zero,
SUBSCRIBER'S access is subject to termination by DISTRICT CLERK without notice
to SUBSCRIBER.
2.03 Escrow Fees
SUBSCRIBER shall pay a monthly charge of $35.00, which will be deducted
from the escrow account as provided by 2.02 above.
2.04 Deposit
SUBSCRIBER shall pay in advance two months of usage fees (totaling
$70.00), together with the processing fee described in 2.01, at the time this
agreement is submitted to the DISTRICT CLERK.
DISTRICT CLERK WEB-BASED ACCESS SUBSCRIBER AGREEMENT Page:3 of 10
2.05 Change in Fees
Subject to approval by the Tarrant County Commissioners Court, DISTRICT
CLERK reserves the right to change the fees set forth in 2.02 and 2.03 above. In the
event of a change, DISTRICT CLERK shall notify SUBSCRIBER prior to such a
change. If SUBSCRIBER does not want to pay the new fees, SUBSCRIBER'S sole
option is to terminate the agreement as set out in 1.04 above.
2.06 Time for Payment of Fees
The processing and escrow fees must be paid at the time the agreement is
signed, by cash or by check made payable to "Tarrant County District Clerk" and
delivered to:
TARRANT COUNTY DISTRICT CLERK
401 W. BELKNAP, 3RD FLOOR
FORT WORTH, TEXAS 76196-0402
ATTN: OFFICE MANAGER
III. RESPONSIBILITIES OF SUBSCRIBER
3.01 Laws
SUBSCRIBER shall comply with the provisions of the manual governing use
of the web-based access system.
3.02 Payment of Fees
SUBSCRIBER agrees that all fees set out in Section 11 above will be
timely paid to DISTRICT CLERK.
DISTRICT CLERK WEB-BASED ACCESS SUBSCRIBER AGREEMENT Page 4 of 10
3.03 Maintenance of Escrow Account
SUBSCRIBER agrees to maintain an escrow account with DISTRICT CLERK
that contains an amount equal to or greater than the fees for the next
month's charges.
3.04 Equipment for Internet Access
SUBSCRIBER shall provide internet access through either an internet service
provider (ISP) or by other means.
IV. Release from Liability
To the extent allowed under Texas law, SUBSCRIBER agrees that neither
TARRANT COUNTY, TEXAS nor DISTRICT CLERK shall be liable or responsible for
any damage, injury, or inconvenience to SUBSCRIBER or SUBSCRIBER'S clients,
employees, or agents, as a result of SUBSCRIBER'S use of DISTRICT CLERK'S or
TARRANT COUNTY computers. To the extent allowed under Texas law,
SUBSCRIBER agrees to indemnify and to hold TARRANT COUNTY, TEXAS, as well
as DISTRICT CLERK, harmless from and assume all responsibility for damages
occurring as a result of the use of DISTRICT CLERK'S computer(s).
4.01 Equipment
SUBSCRIBER shall provide all computer equipment necessary to effect
connection to the internet and DISTRICT CLERK'S Web- Based Access System,
including personal computer and printer. SUBSCRIBER shall be responsible for
providing internet access. SUBSCRIBER shall be responsible for assuring the
proper use, maintenance, and supervision of its equipment.
DISTRICT CLERK VVEB-BASED ACCESS SUBSCRIBER AGREEMENT Page 5 of 10
4.02 Security System and Laws
SUBSCRIBER acknowledges that TARRANT COUNTY, TEXAS and the
DISTRICT CLERK employ a security system which is intended to prevent
unauthorized persons from making use of the computer resources of TARRANT
COUNTY, TEXAS and DISTRICT CLERK or gaining access to certain data which is
stored on their computer systems. SUBSCRIBER agrees to not:
(a) Use TARRANT COUNTY, TEXAS' or DISTRICT CLERK'S computer
resources without proper authorization;
(b) Disclose Logon-ID and password or other details of the security plan
to any person without the express consent of DISTRICT CLERK.
(c) Alter, damage or destroy any data stored on the computer system; and,
(d) Attempt to gain or to gain access to information TARRANT
COUNTY, TEXAS or DISTRICT CLERK has deemed confidential in nature.
SUBSCRIBER agrees to abide by all federal and state laws which relate to the
use of TARRANT COUNTY, TEXAS' and DISTRICT CLERK'S computers and the
data stored therein.
4.03 Reliability of Information
SUBSCRIBER understands and agrees that neither TARRANT COUNTY,
TEXAS nor DISTRICT CLERK expressly or impliedly warrant that the information or
data accessed by SUBSCRIBER is accurate or correct. To the extent allowed under
Texas law, SUBSCRIBER releases TARRANT COUNTY, TEXAS and DISTRICT
CLERK from any and all liability and/or damages resulting from incorrect data or
any other misinformation accessed from the computers and the computer records.
DISTRICT CLERK WEB-RASED ACCESS SUBSCRIBER AGREEMENT Page 6 of 10
4.04 Inability to Access Information
Neither DISTRICT CLERK nor TARRANT COUNTY shall be liable for
SUBSCRIBER'S failure to access the DISTRICT CLERK'S Web-Based Access
System. In the event SUBSCRIBER is unable to access the subscriber system,
SUBSCRIBER'S sole and exclusive remedy shall be to terminate this agreement.
V. RESPONSIBILITIES OF DISTRICT CLERK
5.01 Statements
DISTRICT CLERK agrees to send a monthly statement to SUBSCRIBER,
via e-mail, which will reflect the charges deducted from the escrow account.
5.02 User's Manual
A user's manual is available at www.tarrantcounty.ccm.
5.03 Right to Modify
DISTRICT CLERK reserves the right to add, modify, or delete information or
format of information available to SUBSCRIBER.
5.04 Return of Money
Upon termination of the agreement, DISTRICT CLERK agrees to audit
SUBSCRIBER'S account and to return to SUBSCRIBER any unused portion of the
escrow account set out in 2.02 above. However, it is agreed that DISTRICT CLERK
has no obligation to pay interest, if any, earned on such escrow fees.
VI. MISCELLANEOUS PROVISIONS
6.01 Assignment
Neither party shall assign or subcontract this agreement, or any portions
hereof, without the written consent of the other parties.
DISTRICT CLERK WEB-BASED ACCESS SUBSCRIBER AGREEMENT Page 7 of 10
6.02 Applicable Law
This agreement shall be governed by the laws of the State of Texas, and the
parties agree that the place of performance of all obligations of this agreement is
Tarrant County, Texas.
6.03 Notices
Any notice under this agreement shall be in writing and sent to the address of
the party as follows:
DISTRICT CLERK: TARRANT COUNTY DISTRICT CLERK
401 WEST BELKNAP
FORT WORTH, TEXAS 76196-0402
ATTN: WEB ACCESS
SUBSCRIBER: Charles Daniels, Assistant City Manager
1000 Throckmorton Street
Fort Worth, Texas 76102
With Copies to: City Attorney's Office
At the same address
6.04 Severability
The invalidity or unenforceability of any one or more phrases, sentences,
clauses, paragraphs, or sections contained in this agreement shall not affect the
validity or enforceability of the remaining portions of this agreement.
6.05 Authority of Parties
Both DISTRICT CLERK and SUBSCRIBER, as well as the individuals
signing on their behalf, agree that those individuals whose signatures appear below
have full authority to sign on behalf of and bind the DISTRICT CLERK and
SUBSCRIBER to all terms of this contract.
DISTRICT CLERK WEB-BASED ACCESS SUBSCRIBER AGREEMENT Page 8 of 10
TARRANT COUNTY DISTRICT CLERK
THOMAS A. WILDER
BY:
Fort Wa,�.,i• ' 96-2
TELEPHON (817) 884-1574
DATE: %�c2 /
SUBSCRIBER
CITY OF FORT WORTH:
By. .
Charles W. Daniels
Assistant City Manager
Date: 44. 2' o
APPROVAL RECOMMENDED:
By: 142
Jeffrey � . alstea
Chief of Police
(oZ��V
Date:
APPROVED AS TO FORM
AND LEGAL
By:
Jessica angsvan
Assistant ity Attorney
Contract Authorization:
ATTEST:
r
By:
Mary J. Kayser,
City Secretary
M&C: N 11�
Date Approved:
DISTRICT CLERK WEB --BASED ACCESS SUBSCRIBER AGREEMENT
("i7l1 ti ti a ~t MUM'
1 iORTH, TX
Tarrant County District Clerk
Thomas A. Wilder
Web-Based Access New Subscription Identification
• Date: June 19, 2014
• Applicant; City nf Fort Worth PrjmaN llsP - Vinl _t Mprlmnn
* INDICATES REQUIRED FIELDS
DISTRICT CLERK WEB-BASED ACCESS SUBSCRIBER AGREEMENT Page 10 of 10
Tarrant County - Subcriber Access Page 1 of 2
Welcome!
Departments » District Clerk » Subcriber Access
Subscriber Access-New Subscription Confirmation
Tarrant County District Clerk
Thomas A. Wilder
Application for Web-Based Access
Thank you for your Subscription request.
Your Subscription Request Confirmation Number is 014452.
In order to approve your Subscription request,please send the following to the Tarrant County District
Clerk's office at the address given below.
1. A copy of this Confirmation page (Click here to Print)
2. Signed Subscriber Agreement (Click here to Download)
3. A photocopy of either the Driver's License or Bar ID for the individual signing the Subscriber
Agreement
4. Required Access Fee
A check made payable to the 'Tarrant County District Clerk' in the minimum amount of$120.00.
This amount is for a$50.00 non-refundable processing fee and a pre-payment of two months at
the rate of$35.00 per month for an account that would allow access for 1 to 5 users. If additional
users are desired, include pre-payment of two months at the rate of$70.00 per month for 6 to 10
users or$105.00 per month for 11 to 15 users.The check should be made for 2 months or more.
Once we receive the above mentioned documents and access fee, each user designated on the
application will get an email with login details and access information.
Address for sending the document and access fee:
Tarrant County District Clerk
401 W. Belknap, 3rd Floor
Fort Worth,TX 76196
Attn:Accounting Web Based Subscriber Access
https://egov.tarrantcounty.corn/web/guest/devartrnents/district-clerk/subscriber-access?o n id—subscriber... 7/22/2014
prntrcpt
Thomas A. Wilder
District [lark
Tarrant County, Texas
o-00000783 07/22/2U14
Web Access Processing Fee 50'00
Payment-Neb AcCens Fee 70'00
-------------
sub Total for this Cause 120.00
Paid [CARD ID#100II892798I 120.00
File desk assistant SHANNON says
THANK YOU!
GRAND TOTAL FOR ALL TRANSACTIONS 3
neceived of
014453 Jhonnie Ortiz
Cause Number:
A Convenience Fee applies to all payments made by credit card,
This fee is non-negotiable and will appear on your credit card as
a separate line item from your payment amount,
The Tarrant County oistrict Clerk dues not receive any part of
this fee.
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