HomeMy WebLinkAboutRES 13-219 RESOLUTION NO.13-219
BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF BEAUMONT:
THAT the City Manager be and he is hereby authorized to execute all documents
necessary, specifically including an agreement with West Publishing Corporation,
substantially in the form attached hereto as Exhibit "A," to renew the Police Department's
access of the CLEAR database service.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 1st day of
October, 2013. rtih
- t*or Becky AVnes -
0
'VEIST ORDER FORM -CLEAR SERVICE'S
'I'EXAS('ALIR SI RVICES CONTRACT•#2010-001 WEST,
610 Oppennan Drive,P.O.I3ox 64833 .,'I r,wmtun R,raters business
St.Paul,MN 55164-1803
Tel:651/687-8000 _
Greck West account status belong as applicable: Rep Name&Number David Swanson 0112219
New (NACI Form attached)
Existing+with no changes X_ Existing with changes (Permanent name change must attach a Customer Nante Change Fonn)
Does Subscriber have an existing West account?
------------------------- ----- ---------- ------------------------------------------ ---------.__--------------[] Yes If yes,please provide West account number
No
Acct it PO 4 Date 9/12113 p
Name/Subscribe,- Beaumont Police Department Bill To Acct# c
Order Confirmation Contact Name Captain Jim Clay
r Mail jclay @ci.beaumont.tx us
C
CLL'AR Contact Natne(for delivery of Registration Keys. Individual users
will also receive their Registration Keys ifthcir c-mail addresses are provided) Captain Jim Clay
E-Mail jclay @ci.beaumont.tx us _ Telephone 409-880-1089
CLEAR Primary Account Contact Name(general business contact) Captain Jim Clay
r:-Mail j clay @ci.beaumont.tx.us Telephone 409-880-1089
Permanent Address Change One-Time Ship To Additional Ship To — T Additional BEl1'ro
Name Attn:
tin
Address Suite/Floor h
_ C
City - State County Zip
CLEAR Products Section
#of Users Monthly Total Monthly
Frill Svc# _CLEAR Products Banded Other CLEAR Charges
Notts:
Renewal
Total Monthly CLEAR Charges S _
❑TEXAS CALIR SERVICES
Monthly charges, annual increases,and tern dates for the law Enforcement Options arc specifically defined under the TEXAS CALIR Contract. The annual period,for
Purposes of price increases and renewal dates,runs from February 1 through January 31 of each year for the teen of the TEXAS CALIR Contract
D TLRMS BELOW APPLICABLE ONLY FOR SPECIAUCUSTOMIZABLE OFFERS UNDER TEXAS CALIR#2010-001
CLEAR Charges are billed on the date West processes Subscriber's order and continue for a minimum of 12 complete calendar months(".Minimum-Penn"). Upon conclusion
ofthe Minimum Tenn,CLEAR Charges are billed thereafter at up to then-current rates. If Subscriber elects a longer Minimum Tenn the Monthly CLEAR Charges will be
billed as set forth herein. Upon conclusion of the CLEAR Minimum Term,Monthly CLEAR Charges are billed thereafter at up to then-current rates. Excluded Charges and
Monthly CLEAR Charges(after the Minimum-Penn)may be modified asset forth in die Subscriber Agreement(as defined herein). Subscriber is responsible for all Excluded
Charges as incurred
Subscriber's Initials for 24 Month CLEAR Minimum Ternt Subscriber agrees to commit to a Minimum Term of 24 months and the Moulhiy CLEAR Charges
for the second 12 months not to increase by more than %over the Monthly CLEAR Charges for the initial 12 months.
Subscriber's Initials for 36 Month CLEAR Minimum Term Subscriber agrees to commit to a Minimum Term of36 months and the Monthly CLEAR Charges
for the second 12 mon0is not to increase by more than %over the Monthly CLEAR Charges for the initial 12 months and Monthly CLEAR Charges for the third 12
months not to increase by more than—__%over the Monthly CLEAR Charges for the second 12 months.
Subscriber's Initials _CLEAR users are employed by Subscriber at the location identified above. If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber's Monthly CLEAR Charges as applicable.
I nternal Use Only ktit1=!': 1IS'I X
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EXHIBIT "A"
CLEAR Batch Transactional Products Section
Total Monthly
Full Svc 4 CLEAR Batch Products of Users Other CLEAR Batch Charges
"total Monthly Batch CLEAR Charges S NA
Access to CLEAR Batch shall begin on the date West processes Subscriber's Order and shall continue for a minimum of 12 complete calendar months thereafter("Minimum
Term"). Subscriber may elect a longer Minimum Tenn by her/her initials below. CLEAR Charges for Subscriber's access to and use of GEAR Batch shall begin when
Subscriber first accesses CLEAR Batch and are subject to change as set forth in the"Subscriber Agreement"(as defined herein). At the end of the Minimum Term Subscriber,
access to CLEAR Batch shall terminate unless Subscriber and West enter into a superseding agreement.
Subscriber's Initials for 24 Month CLEAR Batch Minimum Term Subscriber agrees to commit to a Minimum Tenn of 24 months and the Monthly CLEAR
Batch Charges
Subscriber's Initials for 36 Month CLEAR Batch Minimum Term Subscribe:agrees to commit to a Minimunh Tcnn of 36 months and the Monthly CLEAR
Batch Charges
Subscriber's Initials NA CLEAR users are employed by Subscriber at the location identified above. If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber Monthly CLEAR Charges as applicable.
OF instruct: Enter it discount of 100%-in the Condition Grout)I field on Additional Data A tab.
CLEAR Batch Window Products Section
Total Monthly
Per month CLEAR Batch
Full Svc H CLEAR Batch Products Window rate of Users Monthly Other Charges
NOELS:
Total Monthly Batch CLEAR Charges 5 NA.-
Access to CLEAR Batch shall begin on the date West processes Subscriber's Order and shall continue for a minimum of]2 complete calendar months thereafter("Minimum
Tenn"). Subscriber may elect a longer Minimurn Term by her/her initials below. CLEAR Charges fbr Subscriber's access to and use of CL]Alt Window Batch shall begin
on the date West processes Subscriber's order. During the Minimum Tenn,Subscriber shall guarantee minimum monthly CLEAR Window Batch CLEAR Charges as set
forth above("Monthly Guarantee")regardless of Subscriber's actual usage. All CLEAR Window Batch CLEAR Charges shall be waived for Subscriber's actual usage in
excess of the Monthly Guarantee through the amount of the Window,as set forth above. Subscriber shall pay all CLEAR Window Batch CLEAR Charges in excess of the
amount of the Window as incurred,as well as any other applicable CLEAR Charges. CLEAR Batch requests must be submitted at least five(5)business days prior to the end
of a billing month in order to apply against the Monthly Guarantee or Window for such month. CLEAR Charges are subject to change as set for the in the"Subscriber
Agreement"(as defined herein), At the end of the Minimum Terrn Subscriber's access to CLEAR Batch shall terminate unless Subscriber and West enter into a superseding
agreement.
Subscriber's Initials for 24 Mouth CLEAR Batch Window Minimum Terin Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly
CLEAR Batch Charges
Subscriber's Initials for 36 Month CLEAR Balch Window Minfnrtuht Term Subscriber agrees to commit to a Minimum TCrirh of 3G months and the Monthly
CLEAR Batch Charges
Subscriber's Initials NA CLEAR users are employed by Subscriber at the location identified above If West learns that the number of Subscriber's
affiliated CLEAR users exceeds this number,West reserves the right to increase Subscriber Monthly CLEAR Charges as applicable.
Usa a Lo in
All subscribers will be restricted to"standard logging';provided,however,authorized law enforcement agencies with arrest powers may request that user input values entered
in a search or report be"blind logged". Authorized law enforcement agencies choosing Blind Logging must initial below:
_____Subscriber initials if Subscriber is an authorized law enforcement agency with arrest powers and requests Blind logging
Required for,and applicable to,only accounts with arrest powers.
West reserves the right to change the logging typebased on credentialing and account validation.
11'Address Section
Only External IP Address(es)or Range(s)Must Be Provided _
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Valid External 1P Addresses or IP Ranges belonging to your organization and rnecting the following requirements must be provided for
all CLEAR orders:
• 11'Addresses assigned to jurisdictions outside the united States or West approved U.S.Territories are prohibited. i
• 11'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-
172.31.255.255, 192.168.0.0-192.168.255.255,169.254.0.0-169.254.255.255.
• All IP addresses inust be 1Pv4 addresses.
Permissible IP Address(es) will be those provided below as welf as any previously provided IPAddress(es)for this Subscriber
Subscriber's Internet Service Provider Natne On File
Provide 11'Address(es)or I1'Address Range(s)below
Additional page(s)may be attached if needed
Beginning IP Address On File Ending IP Address On File
Beginning IP Address Ending 11'Address _.._ r
Beginning IP Address Ending IP Address
M
Beginning 11'Address Ending 11'Address G
Subscriber initials if roanmiug access to CLEAR,permitting user access outside of Subscriber's designated 11'Address/range,should
be prohibited. Please note that if this is requested Subscriber's users will be required to access CLEAR only through Subscriber's designated
entity IPS on file with West.
If you do not know your company's external IP address(s),try the following:
I. 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 URI,in your browser: htth:/lti)��is;���1)E>is.nct'�nt�ri /orht ?_:�'�+��yw:.-,�h_3iism�ijj,�din to identify your
external II'address (NOTE: If you have multiple IP addresses,this tool will only detect one IP address)
Technical Contact for CLEAR Products(if applicable)(Contact for II'Address Issues)
Name(please print) On File _ ro
r
Telepheue
r
E-Mail m
CLEAR Users,My Account Administrator and Authorized QuickVicw+User
Last Name First Name,M.I. Ismail Address Phone Number IN AD AN SV rC
3
K e e p S a m e
IN°Investigator
If there are additional CLEAR users additional page(s)must be submitted with the order User"Type Key AD=Administrator SV=Supervisor
AN=Ana] st TC=Technical
Subscriber shall authorize which user shall be named as the My Account Adnministrator. Access to My Account will allow CLEAR user management,general account
information and granting access to order My Account users.
Authorized Nly Account Administrator for CLEAR
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Last Name. First Name,M.T. E-Mail
(Required) ----
Subscriber shall authorize which CLEAR users(s)shall have access to QuickView+. Actual charges billed by West may vary from charges reported on QuickViewl,
Subscriber shall pay charges as billed. West does not warrant and has no liability with respect to accuracy ofcharges or outer information oo QuickVicwh-.
Authorized('[,FAR Password Itolder for CLEAR QuickView+
Last Name First Name,M.l. Authorized Acct.t1
m CLEAR Renewals
Subscriber Certification Section roust also be completed for all Subscribers that interact with,manage,or
house inmates or detainees,
*Current Monthly CLEAR Charges is/are rate(s)in effect as of the date of this Order Form and may not be the
rate(s) in effect when rate(s) for the Renewal Term is/arc calculated, depending on the length of the current
Minimum Term or current Renewal Tenn.
Sub Mall H _ CLEAR Products Current Monthly CLEAR Charges*
41011157 CLEAR Plus Web Analytics $847.40
Notes
Subscriber's Initials for 12 Month Renewal Term" Subscriber agrees to commit to an additional 12 months and the Monthly CLL'AR Charges for the such
additional 12 months shall be,—%more than the current Monthly CLEAR Charges in effect at the end ofthe current Minimum Term and/or current Renewal Terns.
Subscriber's Initials for 24 Month Renewal'Perm— Subscriber agrees to commit to an additional 24 months. The Monthly CLEAR Charges for the first
additional 12 months shall be %more than the Monthly CLEAR Charges in effect at the end of the current Minimum Term and/or current Renewal'terms and the
Monthly CLEAR Charges for the second additional 12 months shall be %more than the Monthly CLEAR Charges for the first additional 12 months.
Subscriber's Initials for 36 Month Renewal Term"" Subscriber agrees to commit to an additional 36 months. The Monthly CLEAR Charges for the first
additional 12 months shall be 5 No more than the Monthly CLEAR Charges in effect at the end of the current Minimum'Perm and/or current Renewal'ferns and the
Monthly CLEAR Charges for the second additional 12 months shall be 5 %more than the Monthly CLEAR Charges for the first additional 12 months. The Monthly
CLEAR Charges for the third additional 12 months shall be 5 %more than the Monthly CLEAR Charges for the second additional 12 months.
**Effective at the end of the current Minimum'Perm("Renewal'Perm"). Upon conclusion of the Renewal Term,Monthly CLEAR Charges are billed thereafter at up to then-
current rates. Excluded Charges and Mon Oily CLEAR Charges(after the Renewal Term)may be modified asset forth in the Subscriber Agreement. Subscriber is responsible
for all Excluded Chalge:s as incurred. During the Renewal Tenn and thereafter,Subscriber's access to and use of CLEAR shall be gove:tied by the Subscriber Agreement.
Subscriber Certification Section
R uired for all accounts that interact with manage or house inmates or detainees.
Subscriber Certifications must be completed for every order,including renewals.
Subscriber by his/her initials below certifies and acknowledges understanding and acceptance of the security limits of CLEAR and Subscriber's
responsibility for controlling product,Internet find network access:
Subscriber's Initials, Functionality ofCLL'•AR cannot and does not limit access to non-West Internet sites. It is the responsibility of Subscriber to control
access to the Internet. By hisltner initials,Subscriber acknowledges its understanding and acceptance of the security limits of CLEAR and Subscriber's
responsibility£o controlling hternet access.
Subscriber's Initials. Subscriber certifies that it shall be responsible for controlling network access to the Internet or internal Subscriber sites. Subscriber
agrees to provide its own firewall,proxy servers or other security technologies as well as desktop security to limit access to the CLEAR URI,and West
soliware. Subscriber must design,configure and implement its own security configuration.
Subscriber's Initials. Subscriber shall not use any Data,and shall notdistribute 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 Subscriber Agreement.
–�` Subscriber's Initials. CLEAR will be accessed by Subscriber employees onl for administrative or internal business purposes. All such access use will
> Y P rP
Adly comply with the following restrictions:
In no event shall anyone other than approved Subscriber employees be provided access to or control of any terminal with access to CLEAR
or CLEAR data.
'£erininals with CLEAR access,access credentials,and CLEAR data will be in secured locations that do not provide inmate/detainee access.
• No access shall be outsourced or otherwise provided to third parties.
Subscriber shat'be solely responsible for ensuring that no sensitive information is made available beyond its stated permissible use.
Print Products/Other Products
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Full Svc N Print Products and Other Products Quantity List Charges Other Charges
Total Charges S NA
Terms of Payment for Print Products, West's standard teens of payment for print products purchased are net 30 days. West may elect to accept installment payments
on the purchase price. Installment payment teens are S per month plus tax for approximately_ months until the purchase price,plus any
additional amounts under this Order Fern-,is paid in full.
This Order form will become effective upon verification by West of Subscriber's credentials in accordance with this Order forrcr and upon approval and acceptance by West
in St.Paul,Minnesota.
Subscription Service and Passwords. Subscription services may consist of updates and/or supplements to the service,including but not limited to Print Products: pocket
parts,pamphlets,replacement or ancillary volumes;loose-leaf pages and other related supplemental materials,all oCwhich may be billed separately at up to then-current rates.
Subscriber hereby requests that West provide subscription services fo the herein-described products at up to then-current rates until such subscription services are cancelled
by West or cancelled upon written request by Subscriber. Any passwords issued herein may only be used by the person to whom the password is issued and sharing of
passwords is STRICTLY PROIJIBITliD.
General Provisions. This Order form is subject to approval by West Publishing Corporation,("West")in St.Paul,Minnesota,and is governed by Texas law. The state and
federal courts sitting in Texas will have exclusive jurisdiction over any claim arising from or related to this agreement. Applicable sales,use,personal property,value added
tax(VAT)or equivalent,ad valorem and other taxes are payable by Subscriber. Subscriber may be charged interest for overdue installments and subscriptions and for other
open account charges. If any installments,subscriptions,subscription services,CLEAR Charges or open account charges remain unpaid 30 days after becoming dueincluding
all amounts that are or would become due and payable for the remaining term of Subscriber's Subscriber Agreement,shall become immet iatciy due and payable at the sole
option of West. Interest charged may be adjusted to the then-highest current rate allowable on Texas contracts. This Order horn is non-transferable. All collection fees,
including but not limited to attorneys lees,are payable by Subscriber. Transportation and handling(FOB origin)charges will be added for print products.
Returns. If Subscriber is not completely satisfied with any print product received from West,the product may be returned within 45 days ofthe invoice date for a full refund
or credit,in accordance with West's up to then-current returns policies. CLEAR Charges are non-refundable.
CLEAR Products to be Lapsed
III Svc# CLEAR Products
NA
The Texas CALIR Services Contract #2010-001, CLEAR Services Subscriber Agreement and the applicable Schedule A price plan("Subscriber
Agreement")are hereby incorporated by reference and made part of this Order Form. In the event there is a conflict between the terms and conditions of
the Subscriber Agreement and the terms and conditions of this Order Form,the terms and conditions of this Order-Form shall control. Subscriber by
his/her signature below,acknowledges his/her understanding and acceptance of the terms and conditions of the Subscriber Agreement.
Signature X Date _
AUTHORIZED REPRESENTATIVE FOR ORDER FORM
Printed'Name
Title
Date
Signature X — =
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WEST..
A rhowvm RRtaw,,ixnini t
Government Accounts Only
Addendum to West Order Form for WestlawPRO Orders
Subscriber: City Of Beaumont
Account #:
Date of Order Form:
1. Effect of Addendum. The underlying Subscriber Agreement for Westlaw and CD-ROM Libraries, West
Order Form and Schedule A Plan 2 WestlawPRO (collectively the "Subscriber Agreement"), between
Subscriber and West is amended as specifically set forth herein to incorporate the terms of this Addendum. As
amended, the Subscriber Agreement shall remain in full force and effect according to its terms and conditions.
All terms used in this Addendum shall have the meanings attributed to them in the Subscriber Agreement. "Phis
Addendum supersedes any and all prior understandings and agreements, oral or written, relating to the subject
matter. In the event there is a conflict between the terms and conditions of the Subscriber Agreement and the
terms and conditions of this Addendum, the terms and conditions of this Addendum shall control.
2. Modification of Order Form-Non Availability of Funds. If Subscriber fails to receive sufficient
appropriation of funds or authorization for the expenditure of sufficient funds to continue service under the
Order Form, or if Subscriber receives a lawful order issued in or for any fiscal year during the Minimum Term
or Renewal Term of the Order Form that reduces the funds appropriated or authorized in such amounts as to
preclude making the payments set out therein, Subscriber may submit a written notice to West seeking
cancellation of the service, the Subscriber Agreement and the Order Form, if permitted under applicable law.
Subscriber shall provide West with notice not less than thirty (30) days prior to the date of cancellation, and
shall include a written statement documenting the reason for cancellation, including the relevant statutory
authority for cancelling, and an official document certifying the non-availability of funds (e.g., executive order,
an officially printed budget or other official government communication). Upon West's receipt of a valid
cancellation notice, Subscriber shall pay all charges incurred for any products and/or services received prior to
the effective date of the cancellation (and in the case of print/CD-ROM products, return all unpaid print/CD-
ROM products and updates).
West,a Thomson Reuters business Subscriber
Signed:
Accepted by: Name (please print):
Title: Title:
Date: Date:
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