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West Publishing Corporation d/b/a West Government Services("WEST") ;ITY SECRETARY 2
West Order Form ONTRACT NO. 3
610 Opperman Drive,P.O.Box 64833
St.Paul,MN 33164-1803
Tel:651/687-8000
WEST PUBLISHING CORPORATION D/B/A WEST GOVERNMENT SERVICES
SUBSCRIBER APPLICATION, ORDER FORM AND SERVICE AGREEMENT
NOTE: INCOMPLETE OR INCORRECT INFORMATION MAY RESULT IN A DELAY OR DENIAL OF
YOUR APPLICATION
To submit your form:
1. Please type or print all information requested and fax to 866-858-4276
2. For questions, please call: Representative Name Kevin Hohn
Phone 352-345-4588 ID# 0112846
The information submitted on this Subscriber Application, Order Form and Service Agreement("Agreement")
will be used to determine eligibility in accessing information provided by West Publishing Corporation d/b/a
West Government Services CWest"). West reserves the right to reject this Agreement for any reason
whatsoever without explanation or recourse against West and/or its employees or officers. Additionally, the
applicant hereby authorizes West to independently verify the information provided herein.
ORGANIZATION INFORMATION (ALIT ITEMS ARE MANDATORY)
PURCHASE ORDER #:
AGENCY NAME: Code Compliance Administration
MAIN OFFICE PHONE (NOT EXT.): MAIN FAX: WEBSITE (IF APPLICABLE):
817-392-6320 817-392-1892
CURRENT PHYSICAL ADDRESS (P.O. BOX OR PRIVATE MAIL BOX NOT PERMITTED): 715 Texas Street
CITY: Fort Worth STATE: TX ZIP CODE: 76102
IF LOCATED AT THE ABOVE ADDRESS LESS THAN 90 DAYS, PROVIDE MOST RECENT PRIOR ADDRESS
BELOW
PHYSICAL ADDRESS (P.O. BOX OR PRIVATE MAIL BOX NOT PERMITTED):
CITY: STATE: ZIP CODE
INDUSTRY TYPE (CHECK ONE ITEM THAT BEST DESCRIBES YOUR ORGANIZATION)
❑ LAW ❑ FEDERAL ❑ STATE ❑ LOCAL ❑ OTHER (SPECIFY):
ENFORCEMENT GOVERNMENT GOVERNMENT LI GOVERNMENT
HOW WILL YOU BE USING THE INFORMATION PROVIDED THROUGH OUR SERVICE?
WHAT IS THE NATURE OF YOUR AGENCY? CODE ENFORCEMENT
Account Number__________________
West Government Services Agreement—Order Form(Fort Worth 10.21.09)
DOES YOUR BUSINESS REQUIRE ACCESS TO FULL SSN, DOB AND/OR DL#? ® YES ❑ NO
ACCOUNT CONTACT INFORMATION
LAST NAME: Natale FIRST NAME: Guy
TITLE: Sr Management Analyst _ PHONE (NOT CELL PHONE): 817-392-6327
CELL PHONE (IF APPLICABLE): _ E-MAIL: guy.natale@fortworthgov.org
ARE YOU AUTHORIZED BY YOUR AGENCY TO ORDER REPORTS ON THEIR BEHALF: 9—YES
❑ NO
BILLING INFORMATION
BILLING CONTACT NAME: Terri Stembridge
TITLE: Admnistrative Assistant E-MAIL: terri.stembridge@fortworthgov.org
BILLING ADDRESS: 818 Missouri Avenue
CITY: Fort Worth STATE: TX ZIP CODE: 76104
FAX: 817-392-
PHONE: 817-392-6578 E-MAIL:
1892
West Government Services Products T .
Fixed Rate Pricing
Product #of Userlds Monthly Fixed Other Total Monthly
Rate Charges
CLEAR 10 800 800
Notes:
Total Monthly Charges: $800
Total Monthly Charges("Charges")begin on the first of the month following the date that West processes Subscriber's order and fully
credentials Subscriber("Activation Date")and continue for a minimum of 12 months("Minimum Term"). If the subscriber elects a
longer Minimum Term the Charges will be billed as set forth herein. Upon conclusion of the Minimum Term,Charges are billed
thereafter at up to then-current rates. Charges and Excluded Charges(after the Minimum Term)may be modified as set forth in the
Service Agreement.
694Aubscriber's Initials for 24 Month Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and
the Charges for the second 12 months not to increase by more than 6%over the Charges for the initial 12 months.
Account Number— _—____---------___—
West Government services Agreement—Order Form(Fort Worth 10.21.09)
Subscriber's Initials for 36 Month Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months and
the Charges for the second 12 months not to increase by more than %over the Charges for the initial 12 months and the
Charges for the third 12 months not to increase by more than %over the Charges for the second 12 months.
Additional Provisions
1. Multiple Locations/Branches/Subsidiaries
❑ In the event that you will be accessing the services from multiple locations,branches,or subsidiaries,please check the foregoing
box and complete the Addendum to West Government Services Order Form—Multiple Location/Branch/Subsidiary Form.
Account Number---------------------------
West
_________________________West Government Services Agreement—Order Form(Fort Worth 10.21.09)
. t
2. Logging of Accounts
Authorized law enforcement agencies may request that account log in information be "blind logged". If you have
questions regarding this option, you may contact your account representative. Authorized law enforcement agencies
choosing blind logging initial where indicated for Blind Logging. All other entities should initial where indicated for
Standard Logging.
_____ Subscriber's Initials for Standard Logging
_ Subscriber's Initials for Blind Logging (THIS CHOICE IS PERMITTED FOR AUTHORIZED
LAW ENFORCEMENT AGENCIES ONLY)
Please provide below the external internet protocol(IP) address,addresses or range of IPs you will use to access services. If
you have multiple IP addresses,please provide each IP address. Or,if your IP address is a contiguous range of IP addresses,
please provide the full range. Failure to provide all IP addresses may result in problems accessing data.
If you do not know your company's external IP address(es),try the following:
1. Contact your network administration,firewall or security team
2. Contact your Internet Service Provider,ISP (i.e. Cable,DSL,Satellite,etc.)
3. Go to the following URL in your browser:htty://tools.whois.net/yourit)/or http://www.whatismyip.com to find out your
external IP address (NOTE:If you have multiple IP addresses, this tool will only detect one IP address)
3. Number of Users
Subscriber's initials CLEAR/ATXP users are employed by the Subscriber at the location(s) identified herein. If
West learns that the number of Subscriber's CLEAR/ATXP users exceeds this number, West reserves the right to restrict Subscriber's
number of users or increase Subscriber Monthly ATXP/CLEAR Charges as applicable.
Account Number___________________________
West Government Services Agreement—Order Form(Fort Worth 10.21.09)
y
This Agreement is entered into between West Publishing Corporation d/b/a West Government Services and its affiliates and subsidiaries
("WEST'), and the entity first set forth herein ("Subscriber"),
1. SERVICE. WEST provides nationwide public record information, document retrieval and related services ("Services") using its proprietary
databases and information obtained from third parties ("Third Parties"). Subscriber hereby subscribes to Services for use as a factor in
making its business decisions and agrees to pay to WEST the applicable rates and charges set forth herein. If you are an existing
customer, AutoTrackXP services will not be available after September 30, 2009.
2. PERFORMANCE. WEST will use reasonable efforts to deliver Services requested by Subscriber and to access, update, augment and
maintain its compilation of information gathered from selected public records and other sources used in the provision of Services
hereunder. Subscriber accepts all information "AS IS." WEST, may, at its option, exclude certain databases and information from the
Services set forth herein if WEST is contractually bound or otherwise required to do so by a Third Party or if the databases and
information are enhanced or released after the effective date of this agreement. Subscriber's access to and use of any such excluded
databases and information shall be billed to Subscriber at then current rates in addition to the Subscriber's Total Monthly Charges.
3. SUBSCRIBER CREDENTIALS. Subscriber acknowledges and understands that WEST will only allow Subscriber to access the Services if
Subscriber's credentials can be verified in accordance with WEST internal credentialing procedures, including completion of a Vendor
Reference Release Form. Subscriber shall notify WEST immediately of any changes to the information on Subscriber's application for
Services and, if at any time Subscriber no longer meets such procedures, WEST may terminate this Agreement.
4. CHARGES TO SUBSCRIBER. Subscriber shall be responsible for payment for all Services obtained through Subscriber's access
identification code. Payment by Subscriber is due and payable thirty (30) days from the date of invoice. If payments are past due more
than thirty (30) days from the date of invoice, WEST may terminate this Agreement. Subscriber is responsible for payment of all
collection costs and attorney fees incurred by WEST through its efforts to collect on balance(s) owed by Subscriber. All remittances shall
be sent to the "remit to" address on the invoice. Subscriber is responsible for all excluded charges as incurred which currently includes
but is not limited to Premium Reports such as National and Florida criminal records and motor vehicle accident reports (MVRs), InfoUSA
Reports, and Dun & Bradstreet Reports ("Excluded Charges"). WEST will review Subscriber's actual monthly charges based upon then-
current usage charges. in the event Subscriber's actual charges during a month exceed the then-current fixed rate monthly charges by
more than three times, WEST may limit access to live gateways for the remainder of the month.
5. OWNERSHIP. Subscriber acknowledges that WEST and/or Third Parties retain all right, title, and interest under applicable contractual,
copyright and related laws in the databases and information contained therein and used to provide Services hereunder. Subscriber shall
use such information consistent with such right, title and interest and notify WEST of any threatened or actual infringement thereof.
6. SUBSCRIBER USE LIMITATIONS - END USER. Subscriber acknowledges that this Agreement grants Subscriber a limited license in
exchange for payment of the fees and charges set forth herein, and Subscriber shall keep confidential and not reproduce, retransmit,
republish or otherwise transfer for commercial purpose any information that Subscriber receives from Services, except to employees in the
United States of America whose duties reasonably relate to the legitimate business purposes for which the information is requested.
Subscriber warrants that it is the end user-of the information, and agrees to limit use and dissemination of information from Services
solely to the business use(s) stated by Subscriber in the application and online. Subscriber acknowledges that WEST is providing data to
support Subscriber's own processes and decisions, and Subscriber should not deny any service or access based solely on data or results
provided by WEST. Subscriber is responsible for any denial of services or access and Subscriber will not deny such service or access
without first conducting an appropriate review and adjudication process.
7. SUBSCRIBER USE LIMITATIONS - FAIR CREDIT REPORTING ACT. Subscriber agrees not to use any WEST Services for consumer
credit purposes, consumer insurance underwriting, employment purposes, tenant screening purposes, or for any other purpose(s) covered
by the federal Fair Credit Reporting Act (15 U.S.C. Sec. 1681 et seq) ("FCRA") or similar state statute.
8. SUBSCRIBER USE LIMITATIONS - DRIVER'S PRIVACY PROTECTION ACT. Subscriber agrees to use any WEST data, which is the
subject of this Agreement, in strict conformance with the Federal Drivers Privacy Protection Act (18 U.S.C. Section 2721 et seq.) and
similar state statutes, if applicable and will certify its permissible purpose to WEST.
9. SUBSCRIBER USE LIMITATIONS-GRAMM-LEACH-BLILEY ACT. Subscriber agrees to use any WEST data,which is the subject of this Agreement, in
strict conformance with the Gramm-Leach Bliley Act(U.S.C.Title 15,Chapter 94, Section 6801 et seq.)and similar state statutes, if applicable and will certify
its permissible purpose to WEST.
10. MVR INFORMATION. If Subscriber is permitted to purchase motor vehicle records ("MVR Data'D from WEST, without in any way limiting Subscriber's
obligations to comply with all state and federal laws governing use of MVR Data,the following specific restrictions apply and are subject to change:
1. Subscriber shall not use any WEST-provided MVR Data,or portions of information contained therein to create or update a file to the end that Subscriber
develops its own source of driving history information.
2. As requested by WEST, Subscriber shall complete any state forms that WEST is legally or contractually bound to obtain from Subscriber before serving
Subscriber with state MVR Data.
3. WEST(and certain Third Party vendors) may conduct reasonable and periodic audits of Subscriber's use of MVR Data. Subscriber shall maintain for a
period of 3 years a complete and accurate record, including identity and purpose,of every access to any personal information in MVR Data in its system.
Further,in response to any audit,Subscriber must be able to substantiate the reason for each MVR Data order.
11. MISUSE OF SERVICES OR INFORMATION. Subscriber agrees to take appropriate measures so as to protect against the misuse and/or unauthorized
access of WEST's Services through any methods,including unauthorized access through or to Subscriber's user identification numbers or passwords("Account
ID's'). Such misuse or unauthorized access shall include any disclosure, release, viewing or other unauthorized access to information such as social
security numbers, driver's license numbers or dates of birth. Subscriber agrees that WEST may temporarily suspend Subscriber's access
for up to ten (10) business days pending an investigation of Subscribers use or access. Subscriber agrees to cooperate fully with any and
all investigations. If any misuse or unauthorized access is found, WEST may immediately terminate this Agreement without notice or
liability of any kind.
12. SUBSCRIBER ACCOUNT MAINTENANCE. Subscriber is responsible for the administration and control of Account ID's by its employees
and third parties, and shall identify a security administrator to coordinate with WEST. Subscriber shall manage all Account ID's, and
Account Number---__ -------_--___--_
West Government Services Agreement—Order Form(Fort Worth 10.21.09)
notify WEST promptly if any Account ID becomes inactive or invalid. Subscriber shall follow the policies and procedures of WEST with
respect to account maintenance as same may be communicated to Subscriber from time to time.
13. SECURITY EVENT. In the event that Subscriber learns or has reason to believe that WEST data has been disclosed or accessed by an
unauthorized party, Subscriber will immediately give notice of such event to WEST. Furthermore, in the event that Subscriber has access
to or acquires individually identifiable information (e.g., social security numbers, driver's license numbers or dates of birth) in relation to
the Agreement, the following shall apply: Subscriber acknowledges that upon unauthorized acquisition of such individually identifiable
information (a "Security Event"), Subscriber shall, in compliance with law, notify the individuals whose information was disclosed that a
Security Event has occurred. Also, Subscriber shall be responsible for any other legal obligations which may arise under applicable law in
connection with such a Security Event and shall bear all additional costs associated with resolving the Security Event.
14. CHANGES IN USE OR ACCESS. WEST may, at any time, impose restrictions and/or prohibitions on the Subscriber's use of or access to
the Services or certain data. Subscriber understands that such restrictions or changes in access may be the result of a modification in
WEST policy, a modification of Third Party agreements, a modification in industry standards, a Security Event or a change in law or
regulation. Upon written notification by WEST of such restrictions, Subscriber agrees to comply with such restrictions.
15. INVESTIGATIONS. Subscriber agrees to cooperate fully with any and all investigations that WEST may conduct as a result of an actual
or alleged breach of this Agreement. Violations discovered in any review by WEST will be subject to immediate action including, but not
limited to, termination of the account, legal action, and/or referral to federal or state regulatory agencies.
16. TERM OF CONTRACT. This Agreement may be terminated by WEST without cause by providing thirty (30) days written notice to
Subscriber. Any provision or condition required for the interpretation of this Agreement or necessary for the full observation and
performance by each party hereto of all rights and obligations arising prior to the date of expiration or termination, shall survive such
expiration or termination.
17. INDEMNIFICATION. Except as otherwise prohibited by law and without waiving any defenses to which it may be entitled, Subscriber
hereby agrees to protect, indemnify, defend and hold harmless WEST and all Third Parties from and against any and all costs, claims,
demands, damages, losses and liabilities (including actual attorneys' fees) arising from or in any way related to (i) the use, access or
misuse of information by Subscriber (or any third party receiving such information from or through Subscriber), and (ii) Subscriber's
breach of any representation, warranty or other provisions of this Agreement.
18. LIABILITY/WARRANTY. NEITHER WEST NOR THIRD PARTIES SHALL BE LIABLE TO SUBSCRIBER OR TO ANY PERSON CLAIMING
THROUGH SUBSCRIBER OR TO WHOM SUBSCRIBER MAY HAVE PROVIDED SERVICE-RELATED INFORMATION FOR ANY LOSS OR INJURY
ARISING OUT OF OR CAUSED IN WHOLE OR IN PART BY WEST'S OR THIRD PARTIES' NEGLIGENT ACTS OR OMISSIONS IN PROCURING,
COMPILING, COLLECTING, INTERPRETING, REPORTING, COMMUNICATING, OR DELIVERING SERVICES OR IN OTHERWISE PERFORMING
THIS AGREEMENT. SUBSCRIBER ACKNOWLEDGES THAT EVERY BUSINESS DECISION INVOLVES ASSUMPTION OF A RISK, AND THAT
NEITHER WEST NOR ANY THIRD PARTY UNDERWRITES THAT RISK IN ANY MANNER WHATSOEVER. IF, NOTWITHSTANDING THE
FOREGOING, LIABILITY CAN BE IMPOSED ON WEST OR A THIRD PARTY, THEN SUBSCRIBER AGREES THAT WEST'S AND/OR THIRD
PARTIES' AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR INJURIES ARISING OUT OF ANY ACT OR OMISSION OF WEST AND/OR
THIRD PARTIES IN CONNECTION WITH ANYTHING TO BE DONE OR FURNISHED UNDER THIS AGREEMENT, REGARDLESS OF THE CAUSE
OF THE LOSS OR INJURY (INCLUDING NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED
TO HAVE BEEN VIOLATED, SHALL NEVER EXCEED THE COST OF THE SERVICE OR SERVICES TO WHICH A GIVEN CLAIM RELATES AND
WHICH WAS CHARGED TO SUBSCRIBER, AND SUBSCRIBER COVENANTS AND PROMISES THAT IT WILL NOT SUE WEST AND/OR THIRD
PARTIES FOR AN AMOUNT GREATER THAN SUCH SUM EVEN IF WEST AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES AND THAT IT WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST WEST AND/OR THIRD PARTIES, ALL IN
CONSIDERATION OF THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY WEST HEREUNDER, WHICH ARE FAR
LOWER THAN WOULD BE AVAILABLE TO SUBSCRIBER ABSENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN. WEST AND THIRD
PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED. WEST AND/OR THIRD PARTIES DO NOT
GUARANTEE OR WARRANT THE CORRECTNESS, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR
PURPOSE OF THE SERVICES OR THE COMPONENTS THEREOF. IN NO EVENT SHALL WEST OR THIRD PARTIES BE LIABLE FOR ANY
INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY SUBSCRIBER FROM RECEIPT OR
USE OF INFORMATION DELIVERED HEREUNDER, OR THE UNAVAILABILITY THEREOF.
19. ASSIGNMENT. This Agreement and the rights and obligations of each party hereto shall not be assigned without the prior written
consent of the other party which consent shall not be unreasonably withheld. Consent shall not be required, however, in connection with
an assignment to a subsidiary or affiliate of WEST.
20. PUBLICITY. Unless required by law, Subscriber will not name WEST or refer to its use of the Services in any press releases,
advertisements, promotional or marketing materials, or make any other third party disclosures regarding WEST or Subscriber's use of the
Services.
21.AGREEMENT ENTIRETY. This Agreement, as amended, sets forth the entire understanding and agreement between WEST and
Subscriber regarding the subject matter herein and supersedes any prior or contemporaneous oral or written agreements or
representations, except that access to and use of Third Party services may be governed by terms and conditions different than or in
addition to those herein. By receipt of such Third Party Services, Subscriber agrees to, and shall comply with, such different and/or
additional terms of Third Parties and such changes to this Agreement as WEST shall make from time to time by notice to Subscriber via
on-line click wrap amendments or Subscriber bulletins. This Agreement shall be interpreted in accordance with the internal laws of the
State of Minnesota.
APPROVAL AND SIGNATURE. I certify that I am authorized to execute this Agreement on behalf of the Subscriber listed above.
Further, I certify on behalf of such Subscriber, that the above statements are true and correct and agree for the Subscriber to
the terms and conditions set forth in the Agreement.
Account Number ___ _ _ _
West Government Services Agreement—Order Form(Fort Worth 10.21.09)
Signature: Title: 114d a,46.�O '
Printed Name: Date: a
Account Number---------------------------
West
________________________ _West Government Services Agreement—Order Form(Fort Worth 10.21.09)
CITY OF FORT WORTH
By:
Ch rl s W. Daniels, Assistan City Manager
ATTEST:
By: 1 ,
Marty Hendrix, ity Secretary
NO M&C REQUIRED
APPROVED AS TO FORM AND
LEGALITY:
By. n i
MaleshA Farmer, Assistant City Attorney