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HomeMy WebLinkAboutRES 20-037RESOLUTION NO. 20-037 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 an Agreement, with Thomson Reuters West Government Services for law enforcement database services. Said Agreement is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 25th day of February, 2020. ff 1 ilmajo,4 Paz A Order Form Order ID: Q-00706765 °> THOMSON RGUTGRS" j Contact your representative vindhva.ganlie wa Atlionisonreuters.com with any questions. Thank you. Account Address Account#: 1003938165 BEAUMONT POLICE DEPT CAU PO Box 3827 255 COLLEGE ST BEAUMONT TX 77701-3525 US Shipping Address Account #: 1003938165 BEAUMONT POLICE DEPT CAU 255 COLLEGE ST BEAUMONT TX 77701-3525 US Billing Address Account#: 1003938165 BEAUMONT POLICE DEPT CAU 255 COLLEGE ST BEAUMONT, TX 77701-3525 US This Order Form is a legal document between West Publishing Corporation and Subscriber. West Publishing Corporation also means "West', ..we" or "our" and Subscriber means "you', "my" or "I". Subscription terms if any, follow the ordering grids below ---- VkoFlcx "Products` ' See Attachetails Service Material Product Quantity Monthly Minimum Term Year Over Year Increase During Charges (Months) Minimum Term 41308780 CLEAR PROFLEX 1 $1,343.79 36 5% .rx,. Minimum Terms µ Online/ Practice Solution/Software/ProFlex Products : Monthly Charges begin on the date we process your order and will be prorated for the number of days remaining in that calendar month, if any. Your Monthly Charges will continue for the number of complete calendar months listed in the Minimum Term column above. The percent increases for multi -year orders appear in the Term Increases column above Subscriber ("you' or "I") is also responsible for all Excluded Charges. Excluded Charges are for accessing Westlaw data or a Practice Solutions service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. For Window Products: Monthly Charges begin on the date we process your order and will continue for the number of complete calendar months in the Minimum Term column above. The percent increases for multi -year orders appear in the Term Increases column above. Monthly Charges are due regardless of the level of your usage. Transactional usage charges that exceed the Monthly Charges are waived up to the Monthly Window amount stated above. In addition to the Monthly Charges you are responsible for transactional usage charges in excess of the Monthly Window. Transactional charges are calculated based upon our then -current Schedule A rates. You are also responsible for all Excluded Charges. Excluded Charges are charges for accessing a service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online notice. To apply Window charges to a specific month, the request must be submitted at least five (5) business days prior to the end of the month. 1 w ,. { _ �, '-� � Eost Mm►nCinm Terms W ----- For Online/Practice Solutions/Software /ProFlex Products: At the end of the Minimum Term your Monthly Charges will increase by 7%0. Thereafter, the Monthly Charges will increase every 12 months unless we notify you of a different rate at least 90 days before the annual increase. You are also responsible for all Excluded Charges. Excluded Charges may change after at least 30 days written or online notice. Either of us may cancel the Post -Minimum Term subscription by sending at least 60 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan, MN 55123-1803. Automatic Renewal Term for Window Products. At the end of the Minimum Term your Monthly Charges will be billed at up to our then -current rate. Thereafter, we may modify the Monthly Charges if we notify you of a different rate with at least 90 days notice. The Monthly Window will remain unchanged. You are also responsible for all Excluded Charges. Excluded Charges may change after 30 days written or online notice. Either of us may cancel the Post -Minimum Term subscription by sending at least 60 days written notice. Send your notice of cancellation to Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan MN 55123-1803. To apply Window charges to a specific month, the request must be submitted at least five (5) business days prior to the end of the month. Federal Government Subscribers Optional Minimum Term. Federal government subscribers that chose a multi -year Minimum Term, those additional months will be implemented at your option pursuant to federal law. Page 1 of 5 EXHIBIT "A' 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. Settling a Disputed Balance. Payments marked "paid in full", or with any other restrictive language, will not operate as an accord and satisfaction without our prior written approval. We reserve our right to collect any remaining amount due to us on your account. Partial payments intended to settle an outstanding balance in full must be sent to: Customer Service, 610 Opperman Drive, P.O. Box 64833, Eagan, MN 55123-1803, along with a written explanation of the disagreement or dispute. This address is different from the address you use to make account payments. eBilling Contact. All invoices for this account will be emailed 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. Auto Charge Credit Card/Electronic Funds Transfer Election Payment Terms. You may authorize us to automatically charge a credit card, debit card or electronic fund transfer to pay charges due. Contact Customer Service at 1-800-328-4880 for authorization procedures. If you have previously authorized us to bill a credit card, debit card or make electronic fund transfers for West subscriptions on an ongoing basis, or authorizing the same as part of this order, no further action is needed. Returns and Refunds. You may return a print product to us within 45 days of the original shipment date if you are not completely satisfied. Assured Print Pricing, Library Savings Plan, West Complete, Library Maintenance Agreements, ePack, WestPack, Westlaw, CLEAR, Monitor Suite, ProView eBook, Software, West LegalEdcenter, Practice Solutions, TREWS, Peer Monitor and Data Privacy Advisor charges are not refundable. Please see http://static.legalsolutions.thomsonreuters.con-/static/rethrnis-refunds.pdf or contact Customer Service at 1-800-328-4880 for additional details regarding our policies on returns and refunds. 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. J' Excluded Charges and Schedule A rates. If you access CLEAR services that are not included in your subscription you will be charged our then current rate. Excluded Charges will be invoiced and due with your next payment. For your reference, the current Excluded Charges schedules are located at http://static.legalsolutions.thomsonreuters.com/static/agreement/schedule-a-clear.pdf Excluded Charges may change after at least 30 days written or online notice. Modification of Excluded Charges or Schedule A rates is not a basis for termination under Term, Termination of the General Terms and Conditions. The General Terms and Conditions, apply to all products ordered, except print and , is located at https://static.legalsolutions.thomsonreuters. com/static/ThomsonReuters-General-Terms-Conditions.Ddf. The General Terms and Conditions for Federal Subscribers are located at https:Hstatic.legalsolutions.thomsonreuters.com/static/Federal- ThomsonReuters-General-Terms-Conditions.pdf. In the event that there is a conflict of terms between the General Terms and Conditions and this Order Form, the terms of this Order Form control. This Order Form is subject to our approval. 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 :If 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 http://Iegalsolutions.com/schedule-a-clear. 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. Page 2 of 5 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. 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. 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. _--_ o For -Law Enforcement Agencies.and Correctior-orFacilities Only—No�Inmate Westlaw or CLEAR Access (direct or.°indirect) b�w I certify, on behalf of Subscriber, that I understand and accept the security limits of Westlaw 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 any terminal with access to Westlaw or Westlaw 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. Additi'oiial Order Form�Terins andConiiitions" Government Non Availabilitv of Funds for Online. Practice Solutions or Software Products You may cancel a product or service with at least 60 days written notice if you do not receive sufficient appropriation of funds. Your notice must include an official document,(e.g., executive order, an officially printed budget or other official government communication) certifying the non - availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. Signature'forOrderID:"Q-00706765' �,� .,r�-. �... x Page 3 of 5 ACKNOWLEDGEMENT 0-00706765 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. Signature of Authorized Representative for order Title Printed Name Date © 2020 West, a Thomson Reuters business. All rights reserved This Order Form will expire and will not be accepted after 4/14/2020 CT. Page 4 of 5 ti' ax eb THOMSON REUTERS" Attachment Order ID:Q-00706765 Contact your representativevindhya.ganhewa(ci,)thomsonreuters.com with any questions. Thank you. Order ID: Q-00706765 Payme t and Shipping Information m Payment Method: Order Confirmation Contact (#28) Payment Method: Bill to Account Contact Name:JIM CLAY Account Number: 1003938165 Email:jclay@beaumonttexas.gov SA ID: TX CALI12 MSA-WEST DIR-LGL-CALIR-02 (TXMS) -Tr oEIex,Multi lIi,,L6cat on'I)etails,.. Account Number Account Name Account Address Action 255 COLLEGE ST 1003938165 BEAUMONT POLICE DEPT BEAUMONT New TX 77701-3525 US ,ProFlex Product Details "L Quantity Unit Service Material # Description 275 Seats 41882302 CLEAR for Law Enforcement Plus 1 Seats 41913616 CLEAR Government Arrest Gateway Pro Addon Account. Contacts Contact Name Email Address Customer Type Description JIM CLAY jclay@beaumonttexas.gov CLEAR PRIMARY CONT JIM CLAY jelay@beaumonttexas.gov EML PSWD CONTACT IP Address, Information From IP Address To IP Address From IP Address To IP Address From IP Address To IP Address 1.1.1.1 La sed Products'. Sub Material" Quantity Active Subscription to be Lapsed 41882302 275 CLEAR for Law Enforcement Plus Page 5 of 5 Order Torm Orden ID: Q-00706765 THOMSON R[UTERS' Contact your representative,riiidhva.satilierca(a—.•thonisoiireiiters.coilwith any questions. Thankyou. `; ''apt � 4 SulisctlUei.Iniormatiiin � � 1 r�� � r�-� x ' �, Account Address Shipping Address Bllung Address Account#: 100393BI65' Account#:1003938165 Account#b 4003938165 BEAM MONT POLICE DEPT BEAUMONT.POLICE DEPT BEAU\MONTPOLICE DEPT CAU CAU CAU PO Box 3827 255 COLLEGE ST 255 COLLEGE ST 255 COLLEGE ST BEAU\MONT TX 77701-3525 US BEAUNIO\'T, TX 77701-3525 US BEAULMONT TX 77701-3525 US This Order Form is a legal document between. Nest Publishing Corporation and Subscriber. West Publishing Corporation also means "1V01:11, "nee" or "our' and Subscriber means "you";."iny" or "I"., Subscription temis, Wally,-follo%i, the orderiug grids.beloty ServlceMatetinl Product Quantity Monthly \Mluhmm�Term Year Over Year Increase During Charges (13onths) \Ilnimum Term 41303780 CLEAR.PROFLEX 1 S1.343.79 36 5°b - 0 Ml itmlttn.Tet ms. ,• yr " . .__. r. Online/ Practice SolutlonlSoftware/ProFlex Products : Monthly Charges begin on the date we'process your` order and. will be prorated for the nunnber of days.reniainins. in that calendar ino.11k, it any.'Y our'NIonthly Charges will continue for•the,nulnber of, ••complete calendar months listed in the htirtimunn Tenn column above. The percent, increases for multi -year orders appear in the Term Increases column above Subscriber ("you" or 'I") is also responsible for all Excluded -Charges. Excluded Charges- are. foi- accessini, Westliiw data or a Practice Solutions_ service that is not included In your subscription. Excluded Charges nwy change after atleastM days written, or online notice. For 111indow Products: Monthly Charges begition"the date we process your order and will continue for the number of complete calendar mouths in the \linhnum Tent column above. The perdent increases for iiulti-year orders appear in the. Tent Increases colunnn above. 2\Monthly Charges:are due regardless ofthe level of your usage. Transactional usage,charges that exceed the Monthly Charges are, waived up to.,Vie 'Monthly Window aniounfstated above. In, addition to the \Monthly. Charges you are responsible for transactional usage 'chaiges•hn excess' of the "i, ,Monthly Window. Transactional charges -are calculated based upon our then=current Schedule A rates, You are also responsible for all Excluded Charges. Excluded Charges are charges for accessing a service that is not included in your subscription. Excluded Charges may change after at least 30 days written or online".notice. To apply t1!indotw charges to a specific mouth, die request must be submitted at least five (5) business days. prior,to,the end oftthe ►nonth. Y.. �a. �.`.i,.k .__ :;w}a., .✓_.. _. _�i.�.i...-_.. _.._..� pOS 1��n1Y11nm TCrm5ic,r �,`. a_t'. u.,,.a._... ...��iv. ,. u:..__,.. t� For Oullue/Practice Solutions/Software -(ProFles Products: At the end of the Minimum Tent your Monthly Charges will increase by 7%. Thereafter, the \Monthly Charges will increase every 12 months unless, the notify you of a different ante at least 90 days before the annual Increase. You are also responsible for all Excluded Charges. Excluded Charges may change after at least 30 days mitten or online notice. Either of us may cancel the Post-\Miiniirmrn Tenn subscription by sending at least 60 days written notice. Send your notice of cancellation to Customer Service, 610 Oppenuau Drive, P.O. Box 64833, Eagan, MN 55123-1603. Automatic Renewal Term for Window Products. At the end ofthe Nlininium Tenn your Montlily Charges-- willbe-billed at up to our then -current rate. Thereafter, the may modify the ,1MonthlyCharses If we notify you of a different rate %ith at least 90 days notice. The•Monthly Window will remain unchanged. You are also responsible for all Excluded Charges. Excluded Changes may change after 30 days written or online notice. Either of us cony cancel the Post-Miniinum Tenn subscription by sending at least 60 days ttritten notice. Send your notice of cancellation to Customer Service, 610 Opperniau Drive, P.O. Box 64333, Eagan -,\C T 55123-1803. To apply Rruidotw charges to a specific month, the request must be submitted at least five (5) business days prior to the end of the mouth. Federal Government Subscribers Optlonnl \iialmnrn Tau. Federal government subscribers that,chosea niulti-year•\11niftuiu Tenn; those additional motulu will be implemented at your option pursuant to federal late. Page 1 of 5 Charges, Payments & Tnxes. You agree to pay all charges in.fttll within 30 clays of the date of invoice. You tine responsible,forany 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. Settling a Disputed. Balance. Payments marked "paid in fidl'I,'or with any other restrictive language, wdill not operate as an accord and satisfaction without. our prior written approval. We reserve our rightto collect any r•emainiug,mnount due to us on your account. Partial payments intended to. settle ail outstanding balance in full must -be sent,to: Customer Service, 610 Oppernian-Drive, P.O. Box,64833;Eagan, RLNT .55123-1803, along wiui a written -explanation of the disagreement or dispute, 17his address is different front the address you use toanake account payments. eBilliug 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 exemptfiom e-Billing. Credit Verification, If you are applying for credit as an individual, we may request a.eonsumer credit report.to.determine your credinvorthiuess. 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; Ave may request a current business financial statement fi otn you to consider your request. Auto Charge Credit Card/Electroulc Funds Transfer Election Payment Terms. You may authorize'bs to automatically charge a credit card, debit card or electronic fund transfer to pay charges due. Contact Customer Service at 1-500-328-4880 for authorization procedures. If you have previously authorized us to bill a credit card, debit card or stake electronic fiord transfers for Nest subscriptions on an ongoing basis, or authorizing the saute as pact of this order, no further action is needed, v Returns and Refunds. You may return a print product to us within 45 days of the original shipment date if are not completely satisfied. Assured Print Pricing, Library Savings Plan. Nest Complete, Library Maintenance Agreements, ePack, WestPack, Nestlaw, CLEAR, Monitor Suite, ProVlew� eBook; Software. Nest LegalEdeenter, Practice Solutions, TREWS, Peer Monitor and Data Privacy Ad-, isor charges are -riot refundable. Please see httoJ/static.leealsolutions.tlioulsoileuters.cons/statichetums-reftmds.Ixi or contact Customer Service at 1-800_-323-4SS0 for,additional details regarding our policies on returns and refunds. Applicable Law. If you area state or local govertnental entity, �-ourstate's late will apply and any clafinimay be brought.in. the state or federal cowls located in your state. If you are a non -governmental ehtity, this Order Form will be interpreted under Minnesota state lam' and any claim.by one of us.uiay be brought in the state or federal courts in M- innesota: If you area United States Federal 'Govenuuent subscriber, United States federal law will'apply and any claim may be brought in any federal court. Excluded. Charges aud.Schedule A rates. If you access CLEAR sentices that are not included in younsubscription you will be charged our -then eurrent.rate. Excluded Charges will be invoiced And due with your nest payment. For your reference, the. current Excluded Charges schedules are located mt_bttp:/%sintic.leealsolutions.thontsonreutets.coru/static/ameement/sehedule-a-clear.ndf Excluded Charees.may change after at least 30 days written or online notice. 'Modification of Excluded Charges or Schedule A rates is not a basis for termination under Terns, Termination ofthe General Terms and Conditions. The General Terms and Conditions, apply to all products ordered, except print and is located at httpsa(stat is.leealsolutions.thansonreuters.coat%static/ThotnsonReuters-General-Terms-Conditions.udf. The General Ternrs and Conditions for Federal Subscribers are located at rims://static.Iegalsolutiorrs.fhomsonrenters.cont/static/Federal- TitomsonRetners-General-Terms-Conditions.odf. In the event that there is a conflict of terms between the General Terms and Conditions and this Order Fort, the terms of this Ostler Fort control. This Order Fomn is subject to our approval. CLEARFtxed Rate Usage :If the transactional value of your CLEAR fixed rate usage exceeds your then -current Montilly Charges by more than 10 times in any month (or by 20 times in any month for Enterprise Law Enforcement subscriber), we may luiutaccess to live gateways and request that the parties enter into good faith renegotiation or terminate upon 16 days written notice. Transactional value of your CLEAR usage is calculated based upou our then -current Schedule A rate. Schedule A rates may change upon at least 30 days written or onlhie notice. Batch Usage :If 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, iye.may: 1) request the parties enter into good faith lie gotiationsregardh a superseding agreement, 2) terminate your subscription upon 10 days written.notice or 3):limit>your access to your 9%ed.rnte batch subsctiptiou for the remainder ofthe then-, current 12 month period, during which tii ie=yolfiVill continue to be billed your Aionthly Charges. If your, access;to your fixed 'rate batch subscription has beenlimited, your -access will be reinstated on-Ure'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: Ne reserve the right to invoice )rou for Input lines in excess of 1.000. You will pay our then current Schedule A rate. Schedule A rates are located at htly:/lleealsoluliotts.conr/schedule-a-clear. Existing Vigilant Subscribers: We may terulmate your License Plate Recognition (LPR) subscription -If you are an existing Vigilant LEARN subscriber whose LPR pricing is based upon your existing Vigilant LEARNT agreement, and you cancel your Vigilant LEARN agreement. Page 2 of 5 Enterprise Law Enforcement Subscribers: You certify that you have up to the number of sw-orn officers in your employ at this location identified in the QTY Column above. Our pricinafor banded products is made in reliance upon your certification. Ifwe lean that the actual number is greater, we reserve the right to increase your charges as applicable. Regulated Data. Due to die regulated or private nature of Soule data in our information products such as credit:lteader data, motor vehicle data, driver license data and Voter registration data, you may need to complete a credentialing process which: twill include certifying what your legally permissible Lite oftlie data will be. You agree to immediately notify its if any of the information you provided fit your ordering docwnent"or daring. the credentialing process changes. You agree to and warrant that yo.0 are the end user ofthis data and Watyou will only use-lt for your own Jideniah business purposes. You also wyan•ant that you will strictly llunit the access, use and distribution of this data to user permitted under applicable laws: rules and regulations and as permitted by the third parry additional terns. 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 perussible use. You will mumediately 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 whorl you shared the data, We ,,ill 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. 168 1b). If the Financial Industry Regulatory Authority regulations apply to you,' you may, use our infornnationproducts to verify the accuracy and completeness of.hmforntation submitted to you by each applicant for registration oil Form U4 or, Form U5 in compliance with the requirements of FIATRA Rule 3110. You may use 'llne information products in this manner only :in furtheranceof written policies and procedures flint are designedto.aclnieve your compliance with FI\TRARule 3110 or as otherwise allowed by die General Terms.and Conditions. CLEAR Subscribers nia au Alliance Partner. In limited circumstances we may allow you to access'CLEAR through a third paty's ("Service Provider") software or service (together with CLEA}t, tine ~Integrated System"). In the event that you enter idto a license.agreennent to access an Integrated System, you agree as follows: We have no oblieation.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 oil your behalf and you will ensure Service Provider's compliance with the terms and conditions of the Tlronmson Reuters General Terms and Conditions located in the General Terns and Conditions paagii ph above. Except as otherwise provided.,in your agreement with us; Data may not (i) be distributed or ti-hriMr'ed in whole or in part via the Intesrated`System or otherwise to any third party, (ii) be stored in bulk or in a searchable database; and (iii) not be axed 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 %%ill 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 forall damages caused by mistmse, abuse or compromise of the data by Service Provider; you, your employees and any person or entity with which yowshared the data. We wvill be responsible_ for damages caused by us. For Laww^Eaforcement,Ag_encici-aud Correctional Fadllties Onh'=\o Inmate`\VesIin w 1 0i-5f EAI2 Access (direct or-lnilirect) _ `,� I certify, on behalf of Subscriber, that I understand and accept the security limits of \Vestlaw 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 pronnpt written notice if Subscriber's type "of use changes. Only non-inmmatesladmiuisuative staff will access Westlaw or CLEAR with no direct Westlaw research results provided to inmates (iucludumg work product created as part of inmates' legal representation). in no event shall anyone other than Subscriber's approved employees be prodded access to or control of anvterminal with access to Westlaw or WestlawData. Functionality of Westlaw or'tLEAR cannot and does not limit access,to non -West internet sites. It Is Sultscr_ibet°s responsibility to control access,to the Internet. Subscriber will provide its oirrr firewall, proxy servers or other security technologies as well as desl.•top,ecurity to limit access to the Westlaw or CLEAR.URL and West software (including CD-ROM orders). Subscriber will design, configure and impleinent Its own security configuration. Subscriber will not use any data nor distribute any data to a third party for use, In a maser contrary to or in violation of any;applicable federal, state, or local law, rule or regulation onin any maser inconsistent with the General Terms and Conditions. Subscriber will maintain the most current version oftlie Nest software to access CD-ROM Products forseeurity purposes. _ __ _ _ Atldltional Oi dcFoim,Tetms aniil Coudltlons Government'Non Availabillty ofFuuds for Oullue. Practice Solutions or Sofhvare Products You may cancel a product or service with at least 60 days wiitten,notice if.you .do not receive sufficient appropriation of funds. Your notice must include an official docunnent,(e.g., executive order, an officially printed budget. or other official government communication) certifying the non - availability of funds. You will be invoiced for all charges incurred up to the effective date of the cancellation. 3 CSigtatuie forOidet IDwQ 00706765 Page 3 of 5 ACIG\OWLEDGEIIENT 0-00706765 I Lave read all pages and attachments to this Order Form and I accept the terms on behalf of Subscrlber. I warrant that I aut authorized to sign this Order Form on behalf of the Subscriber. L �l< Signature of Authorized Representative. for order Title !� er Printed Name Y Date © 2020 West, a Thomson Reuters;bits tuess. All rights reserved This Order Form %gill expire and will'not be accepted after 4/14/2020 CT. Page 4 of 5 p Attaclunent Order ID:Q-0070,6765 THOMSON ReUTERS- Contac,t vourrepresentative vindliyn. a an lie wnAthoinswireuters.coni with any -questions. Thank you. Order ID: Q-00706765 PhymentAlethod: Order Conihination Contact(#28) Payment ilylethod: Bill to Account Contnt.Name*JIM CLAY Account.Nufiber: 1003938165 Email.-jel# SA ID: TX CALIR INISA-WEST DIR-LGL.CALIR-02 (T.SaIS) Account'Number AccoinitNaine AccowitAddress Action I 255 COLLEGE ST 1003938165 BEAUMONT POLICE DEPT BEAU-M-ONT New - TX- 717014M US; Quantity Unit Sni,lce i%l4terlal # DWriptlon 275 Seats 41882302 CLEAR for Law Enforcement,Plus I Seats 41913616 CLEAR Goveniment AiYest Gateway Pro Addon Account Contacts' Coutact Name Email Address -F Customer Type Descoption I CLAY jclay,@bedumonttexas.2ov CLEAR PR�IARY CONTT M1 I CLAY I jelayCalbeaumotittexas,gov ENML PSNVD CONTACT 1PAddress lurbrination FrouiIPAddress To IP Address From IP�Mis To IP Address -FroinIPAddress :F�aIP Address vli"A.yi Sub NlMerlal gbantity- Active SubstrIP66n, to be Lapsed 275 -CLEAR for Law Euf6rcenicat?lus Page 5 of 5