Loading...
Agreement 04/13/2022 Monroe County Purchasing Policy and Procedures ATTACHMENT D.5 COUNTY ADMINISTRATOR CONTRACT SUMMARY FORM FOR CONTRACTS LESS THAN $50,000.00 Contract with: Thomson Reuters Contract# Q-03017474 Effective Date: 5/1/22 Expiration Date: 4/30/25 Contract Purpose/Description: CLEAR Government Investigations (3) year subscription Contract is Original Agreement Contract Amendment/Extension Renewal Contract Manager: Abra Campo 3471 County Attorney#7 (Name) (Ext.) (Department/Stop#) Total Dollar Value of Contract: $ 6087.34 Current Year Portion: $ 1,312.96 (must be less than$50,000) (If null tiyear agreement then requires BOCC approval,unless the t till ,iiu��ou IPrxiuu�r ,li��oJviui���u u,III,„trtillian Budgeted?Yes x❑ No ❑ Grant: $ County Match: $ Fund/Cost Center/Spend Categoa: 67501-530540-00085 ADDITIONAL COSTS Estimated Ongoing Costs: $ /yr For: (Not included in dollar value above) (e.g.maintenance,utilities,janitorial, salaries,etc.) IInsurance Required: YES ❑ NO 50 CONTRACT REVIEW Changes Date In Needed Reviewpg, of Date In Department Head 4/13/22 Yes❑ No❑X Robert B.Shillinger 4/13/22 County Attorney 4/13/22 Yes❑ No❑X Risk Management 4/13/22 Yes❑ No❑X 4/13/2022 Digitally signed by Tina Tina Boan B°a" O.M.B./Purchasing Yes❑ No❑ Date:2022.04.18 09:50:16-04'OD' Comments: Revised BOCC 1/21/2022 Order Form Order ID:Q-03017474 Contact your representative k a I I,o_n t__afl a�it V t_ii lr�aH;��Uro_an_uu�i _an ini_u t_uu �__t o�uli with any questions. Thank you. Subscriber Information Sold To Account Address Shipping Address Billing Address Account#: 1003940692 Account#: 1003940692 Account#: 1003940692 MONROE COUNTY ATTORNEY MONROE COUNTY ATTORNEY MONROE COUNTY ATTORNEY 1111 12TH ST STE 408 1111 12TH ST STE 409 1111 12TH ST STE 408 KEY WEST FL 33040-3005 US KEY WEST FL 33040-3005 US KEY WEST,FL 33040-3005 US "Customer" This Order Form is a legal document between Customer and A. West Publishing Corporation to the extent that products or services will be provided by West Publishing Corporation,and/or B. Thomson Reuters Enterprise Centre GmbH to the extent that products or services will be provided by Thomson Reuters Enterprise Centre GmbH. A detailed list of products and services that are provided by Thomson Reuters Enterprise Centre GmbH and current applicable IRS Certification forms are available at:l ttp uww tr,,.a d,rn/erc p,ri,r r,,l,,h rn7fo West Publishing Corporation may also act as an agent on behalf of Thomson Reuters Enterprise Centre GmbH solely with respect to billing and collecting payment from Customer.Thomson Reuters Enterprise Centre GmbH and West Publishing Corporation will be referred to as "Thomson Reuters",'`we"or"our,"in each case with respect to the products and services it is providing,and Customer will be referred to as"you",or"your"or "Client". Renewal Order Governing Agreement. Access to any new or renewal products set forth in this Order Form is governed by the same terms and conditions as your previous order form that contained the product(s)you are renewing Renewal Products Monthly Monthly Charges in Charges for Renewal Material Agreement Renewal Term # Renewed Product # Deal ID# effect prior to Initial Effective (Months) Renewal Renewal Date Effective Date Year 41859364 CLEAR Government S 159.34 $164.12 5/l/2022 36 Investigations Advanced Renewal Terms Renewal Term Monthly Charges will be based on the Monthly Charges in effect at the end of the month before the Renewal Term starts. Renewal Term Monthly Charges begin at the end of your Minimum Term or current Renewal Term. The Renewal Term will continue for the number of complete calendar months identified in the Renewal Term column above. If your Minimum Term is longer than 12 months, then your Monthly Charges for each year of the Minimum Term are displayed in the Attachment to the Order Form Post Renewal Terms At the end of the Renewal Term, we will notify you of any change to Charges at least 60 days prior to the start of any subsequent 12-month period. Either of us may cancel the Post-Renewal Term subscription by sending at least 30 days written notice. Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi-year term, may exercise the option to implement those additional years pursuant to federal law. Miscellaneous Applicable Law. If you are a state or local governmental entity, your state's law will apply and any claim may be brought in the state or federal courts located in your state. If you are a non-governmental entity, this Order Form will be interpreted under Minnesota state law and any claim by one of us may be brought in the state or federal courts in Minnesota.If you are a United States Federal Government subscriber,United States federal law will apply and any claim may be brought in any federal court. Charges,Payments&Taxes.You agree to pay all charges in full within 30 days of the date of invoice.You are responsible for any applicable sales, use,value added tax(VAT), etc. unless you are tax exempt. If you are a non-government subscriber and fail to pay your invoiced charges,you are responsible for collection costs including attorneys fees. Page I of 4 eBilling Contact.All invoices for this account will be entailed to your e-Billing Contact(s)unless you have notified us that you would like to be exempt from e-Billing. Credit Verification. If you are applying for credit as an individual,we may request a consumer credit report to determine your creditworthiness. If we obtain a consumer credit report,you may request the name,address and telephone number of the agency that supplied the credit report.If you are applying for credit on behalf of a business,we may request a current business financial statement from you to consider your request. Cancellation Notification Address. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803 Regulated Data. Due to the regulated or private nature of some data in our information products such as credit header data, motor vehicle data, driver license data and voter registration data, you may need to complete a credentialing process which will include certifying what your legally permissible use of the data will be. You agree to immediately notify us if any of the information you provided in your ordering document or during the credentialing process changes. You agree to and warrant that you are the end user of this data and that you will only use it for your own internal business purposes. You also warrant that you will strictly limit the access, use and distribution of this data to user permitted under applicable laws, rules and regulations and as permitted by the third party additional terms. You will keep the data confidential. You will use industry standard administrative, physical and technical safeguards to protect the data. You will not disclose it to anyone except as necessary to carry out your permissible use.You will immediately report any misuse,abuse or compromise of the data.You agree to cooperate with any resulting inquiry.If we reasonably believe that the data has been misused, abused or compromised,we may block access without additional notice. You are responsible for all damages caused by misuse,abuse or compromise of the data by you,your employees and any person or entity with whom you shared the data.We will be responsible for damages cause by us. We are not a consumer reporting agency. You may use information product data to support your own processes and decisions but you may not deny any service or access to a service to a consumer based solely upon the information product data. Examples of types of service include eligibility for credit or insurance, employment decisions and any other purpose described in the Fair Credit Reporting Act(15 U.S.C.A. 1681b).If the Financial Industry Regulatory Authority regulations apply to you,you may use our information products to verify the accuracy and completeness of information submitted to you by each applicant for registration on Form U4 or Form U5 in compliance with the requirements of FINRA Rule 3110. You may use the information products in this manner only in furtherance of written policies and procedures that are designed to achieve your compliance with FINRA Rule 3110 or as otherwise allowed by the General Terms and Conditions. Excluded Charges And Schedule A Rates. If you access products or services that are not included in your subscription you will be charged our then-current rate ("Excluded Charges"). Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located lath// btu Vey ,i;dsolln�Ptu��bl, thonisoinrcuLer „c in/st;it /xgEgLI nt/sc;�u,edul x::;cl ar,fj((;and Excluded Charges change from time-to-time upon 30 days written or online notice.We may,at our option, make certain products and services Excluded Charges if we are contractually bound or otherwise required to do so by a third party provider or if products or services are enhanced or if new products or services are released after the effective date of this ordering document. Modification of Excluded Charges or Schedule A rates is not a basis for termination under paragraph 10 of the General Terms and Conditions. CLEAR Fixed Rate Usage :If the transactional value of your CLEAR fixed rate usage exceeds your then-current Monthly Charges by more than 10 times in any month(or by 20 times in any month for Enterprise Law Enforcement subscribers),we may limit access to live gateways and request that the parties enter into good faith renegotiation or terminate upon 10 days written notice.Transactional value of your CLEAR usage is calculated based upon our then-current Schedule A rate. Schedule A rates may change upon at least 30 days written or online notice. Batch Usage of you have a fixed rate batch and/or batch alerts subscription and the total of your batch inputs or batch alerts exceeds your annual fixed rate batch or total batch alerts allotment,we may: 1)request the parties enter into good faith negotiations regarding a superseding agreement,2) terminate your subscription upon 10 days written notice or 3) limit your access to your fixed rate batch subscription for the remainder of the then- current 12 month period, during which time you will continue to be billed your Monthly Charges.If your access to your fixed rate batch subscription has been limited,your access will be reinstated on the first day of the following 12 month period. If the trial includes Batch Services,you may submit up to 1,000 input lines at no cost.We reserve the right to invoice you for input lines in excess of 1,000.You will pay our then current Schedule A rate. Schedule A rates are located at htt /(d� ttd:�s�,u;ttuons�tf,tuu/s:llu F(n;iV a cloair. Existing Vigilant Subscribers: We may terminate your License Plate Recognition (LPR) subscription if you are an existing Vigilant LEARN subscriber whose LPR pricing is based upon your existing Vigilant LEARN agreement,and you cancel your Vigilant LEARN agreement. Enterprise Law Enforcement Subscribers: You certify that you have up to the number of Sworn Officers in your employ at this location identified in the QTY Column above. Our pricing for banded products is made in reliance upon your certification. If we learn that the actual number is greater, we reserve the right to increase your charges as applicable. CLEAR Subscribers via an Alliance Partner. In limited circumstances we may allow you to access CLEAR through a third party's ("Service Provider") software or service (together with CLEAR, the "Integrated System"). In the event that you enter into a license agreement to access an Integrated System,you agree as follows: We have no obligation to Service Provider with regard to the functionality or non-functionality of CLEAR during or after the integration. Service Provider will have access to CLEAR on your behalf and you will ensure Service Provider's compliance with the terms and conditions of the Thomson Reuters General Terms and Conditions located in the General Terms and Conditions paragraph above. Except as otherwise provided in your agreement with us,Data may not(i) be distributed or transferred in whole or in part via the Integrated System or otherwise to any third party, (ii)be stored in bulk or in a searchable database, and (iii) not be used in any way to replace or to substitute for CLEAR or as a component of any material offered for sale,license or distribution to third parties.No party will use any means to discern the source code of our products and product data. You are responsible for Service Provider's access to CLEAR on your behalf. You are responsible for all damages caused by misuse, abuse or compromise of the data by Service Provider,you,your employees and any person or entity with which you shared the data. We will be responsible for damages caused by us. Page 2 of 4 .For Law Enforcement Aiwencies and Correctional Facilities Only—No Inmate Westlaw or CLEAR Access tdirect or indirectl I certify, on behalf of Subscriber,that I understand and accept the security limits of Wcstlaw or CLEAR; Subscriber's responsibility for controlling Westlaw, CLEAR, internet and network access; and, how Subscriber will be using Westlaw or CLEAR. I acknowledge Subscriber's responsibility for providing West with prompt written notice if Subscriber's type of use changes. Only non-inmates/administrative staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates(including work product created as part of inmates' legal representation). In no event shall anyone other than Subscriber's approved employees be provided access to or control of anv terminal with access to Westlaw or Wcstlaw Data. Functionality of Westlaw or CLEAR cannot and does not limit access to non-West internet sites. It is Subscriber's responsibility to control access to the internet. Subscriber will provide its own firewall, proxy servers or other security technologies as well as desktop security to limit access to the Westlaw or CLEAR URL and West software(including CD-ROM orders). Subscriber will design,configure and implement its own security configuration. Subscriber will not use any data nor distribute any data to a third party for use,in a manner contrary to or in violation of any applicable federal,state, or local law,rule or regulation or in any manner inconsistent with the General Terms and Conditions. Subscriber will maintain the most current version of the West software to access CD-ROM Products for security purposes. Signature for Order ID: Q-03017474 ACKNOWLEDGEMENT 0-03017474 I have read all pages and attachments to this Order Form and i accept the terms on behalf of Subscriber.i warrant that i am authorized to sign this Order Form on behalf of the Subscriber. Digitally signed by Robert B. I l inger DN:cn-Robert B.Shillinger,o-Monroe County BOCC, Robert B. Shillinger O.-Monroe County Attorney,email-shillinger- bnb@manraecounty-fl.gnv,c US /�+} Date:2022.04.1317:10:02-04'00' County Attorney Signature of Authorized Representative for order Title 4/13/2022 Robert Shillinger Printed Name Date This Order Form will expire and will not be accepted after 6/1 1/2022 CT. Page 3 of 4 a �r . i Attachment Order ID:Q-03017474 Hir U TE :. Contact your representative katie.denberaW_thomsonreuters.com with any questions. Thank you. Order ID: Q-03017474 Payment,Shipping and Contact Information Payment Method: Order Confirmation Contact(428) Payment Method:Bill to Account Contact Name:Bradlcy,Brian Account Number: 1003940692 Email:bradley-brian@monroecounty-fl.gov Account Contacts Contact Name Email Address Customer Type Description Charges Dur ng Renewal Term Year 1 %incr Year 2 /incr Year 3 %incr Year 4 %incr Year 5 Material# Product Name Monthly Yr 1 2* Monthly Yr 2-3* Monthly Yr 3 4* Monthly Yr 4-5* Monthly Charges Charges Charges Charges Charges CLEAR Government 41859364 Investigations $164.12 3.00% $169.04 3.00% $174.11 N/A N/A N/A N/A Advanced Charges During Renewal Term Pricing is displayed only for the years included in the Renewal Term. Years without pricing in above grid are not included in the Renewal Term.Refer to your Order Form for the Post Renewal Term pricing Page 4 of 4 Account Validation and Certification(AVC)Form Wcstlaw and CLEAR(Government) era a"uirTHOMSON RELJTERS,. N I fla Subscriber Information Account Number(if applicable) 1003940692 Full Legal Natne/Entiry Monroe County Atry Business Unit/Dept/Agency The applicant's address below is(please check one): a Commercial Location ❑ a Residence(i.e.ahomc-based business) Street Address I I 1112TH ST suite 408 City KEY WEST Country(if not US) Us State FL Zip 33040-3005 Main Organization Telephone 305-292-3470 Location/Contact/ExL Telephone Cell Phone(if no land line available) Email Address Bradley-Brian(mmonroeeounty-fl.gov Website http://www.monroecounty-fl.gov/ ❑ Check here if no wcbsite available West products have implemented Multi-Factor Authentication and in order to access the public records products you must supply a valid External IP Address or IP ►� Range belonging to your organization that meets the following requirements: l� • IP Addresses assigned to jurisdictions outside the United States or West-approved U.S.Territories arc prohibited C • IP Addresses will not be accepted from the following ranges which are reserved by the Internet Assigned Numbers Authority for special use or private networks:10.0.0.0-10.255.255.255, 127.0.0.0-127.255.255.255,172.16.0.0-172.31.25)255,192.168.0.0-192.168.255.255,169.254.0.0- 169.254.255.255. • All IP addresses must be IPv4 addresses. • If you do not know your External IP address(es),try the following: o Contact your network administration,firewall or security team o Contact your Internet Service Provider,ISP(i.e.Cable,DSL,Satellite,etc.) Go to the following URL in your browser:http://tools.whois.net/yourip/or http://xntivw.whatismyip.com to identify your external IP address(NOTE:If you have multiple IP addresses,this tool will only detect one IP address) Internet Service Pro-.!der Name: We use ATT&Contcast to get to QTS. IP Address: 209.208.216.133 IP Address Range: Beginning IP Address: 209.208.216.129 Ending IP Address: 209,208,216,254 Beginning IP Address: Ending IP Address: ALL REQUESTED INFORMATIONMUST BE PROVIDED OR YOUR ORDER MAYBE DELAYED OR PRODUCT ACCESS LIMITED SUBSCRIBER INFORMATION Select Tyne of Government Select Tyne of Academic Institution ❑ US—Federal ❑ Privately Funded Academic Institution(non-government funded) ❑ US—State ❑ Government Funded Academic Institution US—Local ❑ Tribal Government (Please descohe) ❑ Other Government: (Please descohe) DATA USE INFORMATION Do your end users have arrestpowers? ® No ❑ Yes Will you be using the product in relation to the collection of consumer debt(i.e.,financial obligations of a consumer relating to a No El Yes transaction for personal,family,or household purpose)? Will you have end users at any location other than listed above? No ❑ Yes — If yes,please attach a completed Addendum to Account Validation and Certification Form—Multiple Locations. Are you requesting"unmasked data"or full display of full Security Numbers,full hate of Birth and/or Driver's License information? ❑ No Yes — If yes,please attach a completed Addendun to Account Validation and Certification Form—Unmasked Data Request Will you be using the product,in whole or part,for any consumer-initiated application in order to determine and individual's ® No El Yes eligibility for employment,credit,housing,insurance for personal,family,household or government benetit-related purposes? If you are using World-Check data in order to screen an individual, either in their individual capacity or in relation to a business,to Agreed ❑ No determine whether to enter into a business relationship,you understand and agree that you must direct your search subject to the World- Check Privacy Statement located at h;tt :/frisk.thou„anreaatk.rs.aamle,nitr,rrns•••ofbusiness/world•••chrA._.L---- rtatemcnfhtml. Describe in detail your purpose/use case for using this product:Clear is used to verify and locate addresses for process serving individuals.It is also used in verifying the previous history of litigation for RFP Applications. PERMISSIBLE USE SELECTIONS Permissible Use under Gramm Leach Bliley Act Your use of certain consumer data within the product is limited by the U.S.Gramm-Leach-Bl iley Act(I 5 U.S.C.6801 et.seq.).In order to access this data,you must indicate your permissible use(s)below.If you do not have a permissible use,you must select die"no permissible use"option. ❑ You certily there is no permissible use. ❑ For use by a person holding a legal or beneficial interest relating to the consumer. ❑ For use in complying with federal,state,or local laws,rules,and other applicable legal requirements. ❑ For use as necessary to effect,administer,or enforce a transaction requested or authorized by the consumer. ® For use in complying with a properly authorized civil,criminal,or regulatory investigation,subpoena,or summons by federal,state,or local authorities. ❑ For use to protect against or prevent actual or potential fraud,unauthorized transactions,claims,or other liability. ❑ For use by any Law Enforcement Agenev,self-regulatory organizations or for an investigation on a matter related to public safety. ❑ To persons acting in a fiduciary or representative capacity on behalf of the consumer. ❑ For required institutional risk control or for resolving consumer disputes or inquiries. ❑ With the consent or at the direction of the consumer. Permissible Use under Drivers Privacy Protection Act Your use of certain driver's record and vehicle data is limited by the U.S.Drivers Privacy Protection Act(18 U.S.C.§2721 et seq.).In order to access this data,you must indicate your permissible use(s)below.If you do not have a permissible use,you must select the"no permissible use"option. ❑ You certify there is no permissible use. N For official use by a Court,Law Enforcement Agency or other Government agency. ❑ To verify or correct information provided to you by a person in order to prevent fraud,pursue legal remedies or recover a debt,skip tracing. ❑ For use in connection with a civil,criminal or arbitral legal proceeding or legal research. ❑ For use in connection with an insurance claims investigation or insurance antifraud activities. NEXT STEPS • The information provided on this AVC form will be reviewed by our internal credentialing team and,if required,an onsite inspection will be conducted by Thomson Reuters authorized third party. To coordinate the onsite inspection,the third party will contact you directly to arrange a convenient day and time for the visit.Law enforcement agencies and federal and state government agencies are not required to complete an onsite inspection. • The inspector will seek to verity,among other things,the physical,technical and/or administrative safeguards in place to keep Thomson Reuters data safe and confidential. • The onsite inspection will last approximately 30 minutes,during which time the inspector will ask certain questions and gather observations intended to validate the information provided on this AVC Form. In addition,as is customary in the industry,the inspector will take a few photos of the premises,internal and external,to document your physical location as well as security measures and safeguards. At the time of the inspection,it is important that you assign an individual(s)capable of answering pertinent questions to meet with the inspector. Please provide the name and phone number of the person you would like us to contact to schedule the required on-site inspection(s). Telephone Number:305-292-3470 Name Brian Bradley Email: Bradley-Brian@monroecounty-fl.gov Has Thomson Reuters onsite inspected any of your locations in the last 6 months? No � Yes Account Name Monroe County Attorneys Office Account Number 1003940692 If yes, approximately when was the onsite performed CERTIFICATIONS By signing below,you certify that: • YOU UNDERSTAND THAT THOMSON REUTERS IS NOT A CONSUMER REPORTING AGENCY AND THIS SERVICE DOES NOT CONSTITUTE A "CONSUMER REPORT" AS SUCH TERM IS DEFINED IN THE FEDERAL FAIR CREDIT REPORTING ACT(FORA), 15 U.S.C.A.§§ 1681 ET SEQ. YOU ARE STRICTLY PROHIBITED FROM USING ANY DATA, IN WHOLE OR IN PART, AS A FACTOR IN ESTABLISHING A CONSUMER'S ELIGIBILITY FOR CREDIT,INSURANCE,EMPLOYMENT,OR FOR ANY OTHER PURPOSE AUTHORIZED UNDER THE FCRA OR AS THE BASIS FOR TAKING ADVERSE ACTION REGARDING ANY CONSUMER APPLICATION. • End users will access and use the data,including personally identifiable information,in accordance with all applicable laws,rules,and regulations.No individual shall access records drat require a permissible use unless such a permissible use exists.It is your responsibility to seek guidance and clarification in case of any questions about the proper use of a product. YOU ARE RESPONSIBLE FOR ANY UNAUTHORIZED COLLECTION, ACCESS, USE, AND DISCLOSURE OF ANY DATA ACCESSED THROUGH OUR PRODUCTS. • You will ensure that Thomson Reuters products are accessed and used in a manner that always preserves the strict confidentiality of all data.You agree to put processes in place to ensure that you and all authorized users comply with the following both when working from your authorized business location(s)and remotely: (1)products will only be accessed through password protected Wi-Fi networks, virtual private networks, and other secure applications and methods of communications, (2) all security measures on laptops and other devices will be activated before accessing our products,(3)authorized users will never extract or store data remotely on laptops or mobile devices,(4)authorized users will not write down or maintain anv data in an unsecure fashion in any form,(5)laptops or device screens will not be visible through exterior windows when accessing our products, (6) authorized users will not access products in a public areas or where conversations could be overheard, and (7) authorized users will not allow anyone to user their work laptop or other device for any reason. • You will maintain a comprehensive information security program, including systems,facilities, and procedures to safeguard the data and that you have experience in maintaining the confidentiality,security,and appropriate use of such information. • You agree to immediately notify Thomson Reuters of any actual or suspected breach or access to data that may result in the unauthorized collection, access,use or disclosure of any data.You agree to make all reasonable efforts to assist Thomson Reuters and our data providers in relation to any investigation,claim,litigation or other action related to your access,use or disclosure of data. • You and your end users are not and will not be involved in credit fraud,identification theft,stalking,harassment,any unethical business practices or illegal activity not will you further such activities by your customers. • All information provided on this AVC Form and addendurm s)is true and correct and is applicable to all of your authorized users and locations. You will immediately notify Thomson Reuters of any changes to the information provided in this form or during the credemialing process, including location changes. You understand that Thomson Reuters may periodically require you to re-certify the information provided herein. • You are an authorized signatory for this account. AUTHORIZED REPRESENTATIVE: Print Name: Robert Shillinger Tale: County Attorney 4/18/22 Date: Digitally signed by Robert B.Shillinger Robert B. Shillinger fl DNcn Robert B.Shillinger, Monroe County BOCC,ou-Monroe County Attorney,email—shillinger- Jbob@monroecount .g-,c=US Signature: Date:2022.04.18 13:39:27-04'00' Once this document is completed and signed by an authorized representative,please provide it to your West Sales Consultant with a signed order or fax it to 866-294-1042 or email to west.avtcredentials@thomson.com. All information is subject to verification and approval by Thomson Reuters.