CM-10-04-077ROUND ROCK, TEXAS
PURPOSE. PASSION. PROSPERITY
Item Caption:
Approval Date:
City Manager Approval Summary Sheet
Consider executing Subscriber Renewal/Conversion Form and Service
Agreement with West Publishing Corporation d/b/a West Government Services
("WEST").
April 2, 2010
Department: Police
Project Manager: Rick White
Item Summary:
This is a three-year renewal of an existing agreement with West Publishing that provides data services
used by the Department's Logistics and Research Unit analytical personnel in its criminal intelligence and
investigative support work. The agreement provides for a flat, per -month usage charge of $340.00 per
month for five users. Previously, we had shorter -term agreements with this company, but the addition of
a second intelligence analyst makes this effort a cost-effective arrangement. There are 5 percent annual
rate increase allowances.
Department Goal 1 (Reduce Crime): 81, Develop additional, information -
Strategic Plan Relevance: based resources for use in criminal investigations
Cost: $340.00 per month ($4,080 annually)
Source of Funds: 5229-100-21006
REV. 3/8/10
West Publishing Corporation d/b/a West Government Services ("WEST")
West Renewal/Conversion Form
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 RENEWAL/CONVERSION FORM AND SERVICE AGREEMENT
NOTE: INCOMPLETE OR INCORRECT INFORMATION MAY RESULT IN A DELAY OR DENIAL OF
YOUR FORM
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 Renewal/Conversion 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 ("West'). 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
Subscriber hereby authorizes West to independently verify the information provided herein.
ORGANIZATION INFORMATION (ALL ITEMS ARE MANDATORY)
WEST GOVERNMENT SERVICES ACCOUNT #: 216216
PURCHASE ORDER #:
AGENCY NAME: Round Rock Police Department
MAIN OFFICE PHONE (NOT EXT.): MAIN FAX: WEBSITE (IF APPLICABLE):
512.218.5500 512.218.3267
CURRENT PHYSICAL ADDRESS (P.O BOX OR PRIVATE MAIL BOX NOT PERMITTED): 2701 N. Mays St.
CITY: Round Rock
STATE: TX
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:
West Government Services Products
Product
# of Userlds
CLEAR Investigator
5
Total Monthly Charges
340.00
Notes:
Total Monthly Charges: $340.00
*** As outlined in the Service Agreement, AutoTrack XP will continue to be available through September 30, 2009.***
West Government Services Agreement — Renewal/Conversion Form (Round Rock 3.22.10)
Total Monthly Charges ("Charges") begin on the first day of the month following the end date of Subscriber's previous
rate plan for those on a fixed rate plan and on the first day of the month following the date that West accepts Subscriber's
order for those currently on a transactional rate plan ("Effective Date"). If the Subscriber commits to a 12, 24 or 36 month
term, the Charges will be billed as set forth below. Upon conclusion of such term, Charges will be billed thereafter at up
to then -current rates. Charges and Excluded Charges may be modified as set forth in the Service Agreement.
Subscriber's Initials for 12 Month Term Subscriber agrees to commit to a term of 12 months.
Subscriber's Initials for 24 Month Term Subscriber agrees to commit to a term of 24 months and the
Charges for the second 12 months not to increase by more than % over the Charges for the first 12 months.
RRPD
XX Subscriber's Initials for 36 Month Term Subscriber agrees to commit to a term of 36 months and the
Charges for the second 12 months not to increase by more than 5% over the Charges for the first 12 months and the
Charges for the third 12 months not to increase by more than 5% over the Charges for the second 12 months.
Fixed rate pricing does not apply to copies of "Premium Reports" within AutoTrackXP, which currently consist of (1)
National and Florida criminal records and motor vehicle accident reports (MVRs), (2) InfoUSA Reports, and (3) Dun &
Bradstreet Reports. The Premium Report options will be turned off to prevent access from the menu. If you require
Premium Reports, please notify your account representative to have them invoiced in addition to the fixed rate contract
price.
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
RRPD 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.
12.49.119.130
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: http://tools.whois.net/yourip/ 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.)
Number of Users: RRPD Subscriber's initials 5 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.
West Government Services Agreement — Renewal/Conversion Form (Round Rock 3.22.10)
SERVICE: AGREEMENT
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") and shall replace any previous service agreements entered into by the parties.
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. 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") 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
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.
West Government Services Agreement — Renewal/Conversion Form (Round Rock 3.22.10)
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 or Subscriber without cause by providing thirty (30) days written
notice to either party. 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. 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 entity listed above.
Further, I certify on behalf of such entity, that the above statements are true and correct and agree for the entity to the terms
and conditions set forth in the Agreement.
Signature:
Title: City Manager
Printed Nam: es Nuse, P.E. Date: 4- Z - 2.o1D
West Government Services Agreement — Renewal/Conversion Form (Round Rock 3.22.10)
User List For
West Government Services Products
Single Location
***Please complete and submit only if changes to users are needed or additional users are being identified***
Agency/Account Name:
Round Rock Police Department
Last Name
First name
E-mail Address
Phone Number
Craytor
Brenda
bcraytor@round-rock.tx.us
512-218-6677
Voll
Sherrill
svoll@round-rock.tx.us
512-671-2722
Dietz
Paula
pdietz@round-rock.tx.us
512-671-2848
Pearson
Amber
apearson@round-rock.tx.us
512-801-8459
White
Rick
rwhite@round-rock.tx.us
512-218-5524
West Government Services Agreement — Renewal/Conversion Form (Round Rock 3.22.10)