10-10Council F�e# 10-10
Green Sheet #���
RESOLUTION
41NT PAUL,�lUI1NNESOTA
Presented
1 Wi�REAS, the S;
2 Corporation, dlbJa West Gc
3 investigative purposes; and
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51ic��partment wishes to enter into an ageement with West Publishing
Services, to acquire licenses for software services to be used for police
WI�REAS, the contract contains a clause requiring the City to indesnnify West Publishing Group and other
third parties for any costs, clauns, demands, or damages related to the misuse of data accessed through the softwaze
or breach of the City's warranties in the contract; and
WfIEREAS, the use of public funds, which includes the promise of indemnification, requires a public
purpose; and
WHEREAS, the Saint Paul City Council finds that the Saint Paul Police Departsnent needs the software and
services to be obtamed through this contract to properly and thoroughly exercise its investigative functions; now,
therefore, be it
RESOLVED, that the appropriate City authorities aze hereby authorized to enter into the attached
agreement, which contains an indemnification clause.
Bostrom
carter
Stark
Thune
Adopted by Council: Date
✓
Requested ep�ent of:
G�L�
B �l�u,� �
Appro�d by the f I F' c'al e
By:
Approved by City Attorn y�
� /
B .
Aooroued v v fer Submi�s on to
Adoption Certified by Co cil Secretary By:
By: / /� //l�0! / _
Approved ayo : ate 1( Zp (�
By:
Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sh�tl���
�
--- — _. _
DepardnenUOffice/Couneii: ; Date InHiated:
pp Police Department 1 » DEC 2009 �
ConWct Person 8 Phone: ', � �
Chief John Harrinqton .
266-5585 ' �
_ -_-___--_____-_--- _: Assign I
Must Be on Council Agenda by (Date): I Number '
For I
--- - ---------------- �� Routin9 .
Order
, Doa Type: RESOLUfION I '
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Green Sheet NO: 3091597
�n - � --" InifiaVDate
, 7 �o...�.._�_ _-__. _
E-DowmentRequired: Y , �
Document Contact: EveHe Scarver �� '��
Contact Phone: 266-5541 �
I � _ -_ - _— .____- ___ _- —
` _- _____- .
_ __� _ ' -_._. . i .- �_ -_
_--'
�,, ToWI # of Signature Pages (Clip All Locations for Signature),
_ ... _._.___ ____ _____. _ .. _ _ . .
� Action Requested: --� -� �- ���-������_ � � � � - - �- --��
I Signatures on the attached council resolution authorizing the Ciry of Saint Paul, Poilce Department (SPPD) to ernei into the at5ached
', ageement with West Publishing Corporation dba West Govemment Services.
� ------ � --- ------- � - -- -
� Recommendations: Approve (A) or Reject (R): Personal Service Contreets Must Answer the Following Questions:
Planning Commission 1. Has this person/firm ever worked under a contrecl for this department?
i
CIB Committee Yes No
Civil Service Commission 2. Has this personlflrm ever been a city employee?
Yes No
� 3. Does this persoNfirm possess a skill not nwmally possessed by any
i current ciry employee?
� Yes No
�� I Explain all yes answers on separate sheet and attach to green sheet.
Initiating Probtem, Issues, Opportunity (Who, What, When, Where, Why):
The SPPD wishes to acquire licenses for softwaze services from West Goveimnent Services to be used for police investigative
purposes. Authorization is needed.
AdvanWgeslfApproved: �
The softwaxe will be used to assist the SPPD to properly and thoroughly exercise its investigative functions.
---_. _---_.. _.- - - �-----
Disadvantages If Approved:
None.
Ih _ . -- --- ------------- --- ------..-- -----�---
I Disadvantages If Not Approved: ~
, Lost opportu�ity to use softwue to enhance SPPD's investigative functions.
r -
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TotalAmountof $�0,464.00
Trensaction:
Funding Source: 04100 and 04200
Financial information:
(Explain)
CosURevenue Budgeted: P"
s "�
ActivityNumber:0354 --�� �
s"���r ' � �Q�l�
— _II
I I
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-- -- -----.---- ���;���";�,��-
December 11, 2009 11:34 AM Page 1
10-10
WEST PUBLISHING CORPORATION D/B/A WEST GOVERNMENT SERVICES
SUBSCRIBER APPLICATION, ORDER FORM A►3D SERVICE l�GREEMENT
NOTE: INCOMPLETE OR INCORRECT INPORMATION MAY RESULT IN A DELAY OR DENIAL OF
YOUR APPLSCATlON
To submit your form:
1. Please type or print all information requested and fax to 866-687-4722
2. For questions, please call: Representative Name Ben �rain
Phone 651-307-5512 ID# U0084312
The information submitted on this Subscriber Apptication, Order Form and Service Agreement ("AgreemenY�
will be used to determine eligibility in accessing information provided by West Publishing Corporation d/b/a
West Government Services ("WesY�. West reserves the right to reject this Agreement for any reason
whatsoever without explanation or recourse against West and/or its employees or officers. Additionally, the
applicant herebv authorizes West to independentiv verifv the information provided herein.
PURCHASE ORDER #:
- --
AGENCY NAME: SAINT PAUL POLICE DEPARTMENT
-- - - -- —
MAIN OFFICE PHONE (NOT EXT.): MAIN FAX:
651-266-5500 651-266-5850
- . ... -
WEBSITE (IF APPLICABLE):
www.ci.stpaul.mn.us
CURRENT PHYSICAL ADDRESS (P.O. BOX OR PRIVATE MAIL BOX NOT PERMITTED): 367 Grove Street
CrfY: Saint Paul STATE: MN ZIP CODE: 55101
- - - - _-
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):
CTT`(:
STATE:
ZIP CODE:
� LAW ❑ FEDERAL ❑ STATE ❑ LOCAL
ENFORCEMENT GOVERNMENT GOVERNMENT GOVERNMENT
OTHER (SPECIFY):
- - -
HOW WILL YOU BE USING THE INFORMATION PROVIDED THROUGH OUR SERVICE? LAW
ENFORCEMENTINVESTIGATIONS
WHAT IS THE NATURE OF YOUR AGENCY? PUBLIC SAFETY/POLICE DEPARTMENT
- - - -- - -- -- - -- - -
pOES YOUR BUSINESS REQUIRE ACCESS TO FULL SSN, DOB AND/OR DL#? � YES ❑ NO
LAST NAME: HARRINGTON
TITLE: CHIEF OF POLICE
FIRSf NAME: JOHN
PHONE (NOT CELL PHONE): 651-266-5500
CELL PHONE (IF APPLICABLE): E-MAIL: john.harrington@ci.stpaul.mn.us
- - - - - -
ARE YOU AUTHORIZED BY YOUR AGENCY TO ORDER REPORTS ON THEIR BEHALF. � YES ❑ NO
AccounC Number___
West Government Services Agreement— Order Form (5/09)
io-io
,. , ,�. �. .
,
9 SILLINC� IH�ORMATIOTI
_�_ _...__ _., _a_,_ �,_�..r _.1_�. �_ _�E .�_. ___. . _ „ --
BILLING CONTACT NAME: NANCY DIPERNA
TITLE: ASSISTASVT CHIEF E-MAIL: nancy.diperna@ci.stpaul.mn.us
-- --- -- -- - - -- --
--- - - -- — - - - -- —
BILLING ADDRESS: 367 Grove Street
------ -- -- --- - - - - - - -- - -
CIT1': Saint Paul STA7E: MN ZIP CODE: 55101
PHONE: 651-266-5500
FAX:
651-266-5850 �-MAIL: same as above
� West Government Services Products ��;,� ��.5= t ���=;
Fixed Rate Pricing
Product # of Userlds Monthly Fiaed Other Total MontLly
Rate Char es
CLEAR INVESfIGATOR PLUS WEB 15 $1,454.00 40% $872.40
APJALYTICS
Notes•
Total Monthly Charges: $872.40
Total Monthly Chazges ("Charges") begin on the first of the month following the date that West processes Subscriber's order and fully
credentials Subscriber ("ActivaGon Date") and continue for a minimum of 12 months ("Minimum Term"). If the subscriber elects a
longer Minimum Term the Charges will be billed as set forth herein. Upon conclusion of the Minimum Term, Chazges aze billed
thereafter at up to then-current rates. Charges and Excluded Charges (after the Minimum Term) may be modified as set forth in the
Service Agreement.
Subseriber's Inifials for 24 Month Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and
the Chazges for the second 12 months not to increase by more than % over the Charges for the initial 12 months.
Subscriber's Inirials for 36 Month Minimum Term Subscriber agrees to commit to a Minimum Term of 36 months and
the Chazges for the second 12 months not to increase by more thau 6 % over the Charges for the initial 12 months and the
Chazges for the third 12 months not to increase by more than 6 % over the Charges for the second 12 months.
Account Number_ ___!
West Government Services Agreement— Order Form (5/09)
10-10
�� �� � � � - ° � � Additional Provisions �
1. Mulriule LocationslBranches/Snbsidiaries
❑ In the event that you will be accessing the services from multiple locations, branches, or subsidiaries, please check the foregoing
box and complete the Addendum to West Government Services Order Form — Mulriple LocationlBranch/Subsidiary Form.
Account Num6er__,
West Governmen[ Services Agreement— Ofder Form (5/09)
10-10
2. Lo¢ein2 of Accounts
Authorized law enforcement agencies may request that account log in information be "blind logged". If you have
questions regarding this option, you may contact your account representative. Authorized law enforcement agencies
choosing blind logging initial where indicated for Blind Logging. All other entities should initial where indicated for
Standard Logging.
_ Subscriber's Initials for Standard Logging
Subscriber's Iuitials for Blind Logging (THIS CHOICE IS PERMITTED FOR AtiTHORIZED
LAW ENFORCEMEA'T AGENCIES ONLY)
Please provide below the external internet protocol (IP) address, addresses or range of IPs you will use to access services. If
you have multiple IP addresses, please provide each IP address. Or, if your IP address is a contiguous range of IP addresses,
please provide the full range. Failure to provide all IP addresses may result in problems accessing data.
If you do not know your company's external IP address(es), try the following:
1. Contact your network administration, firewall or security team
2. Contact your Intemet Service Provider, ISP (i.e. Cable, DSL, Satellite, etc.)
3. Go to the following URL in your browser: http:Utools.whois.neUvourip/ or http://www.whatismvip.com to find out your
external IP address (NOTE: If you have multiple IP addresses, this tool will only detect one IP address)
3. Number of Users
_ Subscriber's initials 15 CLEAR/ATXP users aze employed by the Subscriber at the loca6on(s) idenufied herein. If
West learns that the number of Subscriber's CLEAR/ATXP users exceeds this number, West reserves the right to restrict Subscriber's
number of users or increase Subscriber Monthly ATXP/CLEAR Charges as applicable.
Account Number_______
West Gwernment Services Agreement — Order Porm (5/09)
10-10
- - - -
-- - � � � �� � SERVICE AGREEMENT � - ' ' � '
--- - ------- --------- `-- ---- — ---------- --------------`_----°_�-_....
This Agreement is entered into between West Publishing Corporation dJb(a West Government Services and
("WEST"), and the entity first set forth herein ("Subscriber`).
its affiliates and subsidiaries
1. SERYICE. WEST provides nationwide public record information, document retrieval and reiated 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 wiil not be available after September 30, 2009.
2. PERFORMANCE. WEST will use reasonabie 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. Su6saiber accepts all information °AS IS." WEST, may, at its option, exdude cesfain databases and information From the
Services set forth herein if WEST is contractualty bound or otherwise reqmred to do so by a Third Party or if the databases and
information are enhanced or released after the effective date of this agreement. Subscnber's access to and use of any such excluded
databases and information shali be billed to Subscriber at then current rates in addition to the Subscriber's Total Monthly Charges.
3. SUBSCRIBER CREDEN7IALS. Subscriber acknowledges and understands that WEST will onVy affow Subscriber to access tfie Services if
Subscriber's credentials can be verified in accordance with WEST internal credentialing procedures, including completion of a Vendor
Referente 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 Aqreement.
4. CHpRGES TO Sl1BSCRIBER. Subscriber shall be responsible for payment for afl Services obtained through Subscriber's access
identification code. Payment by Subscriber is due and payable thirty (30) days from the date of invoice. If payments are past due more
than thirty (30) days from the date of invoice, WEST may terminate this Agreement. Subscriber is responsible for payment of all
collection costs and attorney fees incurred by WEST through its efforts to collect on balance(s) owed by Subscriber. All remittances shall
be sent to the "remit to" address o� the invoice. Subscriber is responsible for atl excluded cfiarges as incurred wh�ch currentty includes
but is not limited to Premium Reports such as National and Florida criminal records and motor vehide accident reports (MVRS), InfoUSA
Reports, and Dun & Bredstreet Reports (°Excluded Charges"). WEST will review Subscriber's actual monthly charges based upon then-
current usage tharges. In the eveot Subscriber's attual tharges during a month exceed the themcurrent fixed rate monthly charges by
more than three times, WEST may limit access to live gateways far 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 shaii
use such information consistent with suth right, title and interest and notify WEST of any threatened or actual infringement thereof.
6. SUBSCRIBER USE LIMITATIONS - END USER. Substriber acknowledges that this Agreement grants Subscriber a limited license m
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 wasrants tfiat it is the end user of the information, and agrees to fimit 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 SubscribeYS own processes and decisions, and Subscriber should not deny any service or access based solety 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.G Sea 1681 et seq) ("PCRA") or similar state statute.
8. SUBSCRIBER USE LIMITATIONS - DRIVER'S PRIVACY PROTECTION ACT. Substriber agrees to u5e any WEST data, which is the
subject of this Agreement, in stricC mnformance with the Federai Drivers Privacy Protection Act (18 U.S.C. Section U21 et seq.) and
similar state statutes, if applicable and wili 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 Biiley Act (U.S.C. Tide 15, Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable and will certify
its permissible purpose to WEST.
10. MVR INFORMAIION. If Subscriber is permitted to purchase motor vehicle records ("MVR Data'� from WESi, without in any way IimiUng Subscribers
obligaGOns to mmply with all state and federal laws governing use of MVR Data, the followin9 specfic restrictions apply and are su6�ect to chaoge:
1. Subscriber shall not use any WEST-provided MVR Data, or portions of information contained therein to o�eate or update a fle to the end that Subscriber
develops its own sourte of driving history information.
2. As requested by WEST, Subscriber shall complete any state forms that WEST is legally or contractually bound to obWtn from Subscriber before servin9
Subscriber with state MVR DaW.
3. WEST (and certain Third Party vendors) may conduct reasonable and periodic audits of Subscribers use ot MVR Data. Subscriber shall maintain for a
period of 3 years a mmplete and accurate record, including identlty and purpose, of every access to any personal information i� MVR DaW in its system.
Further, in response to any audit, Subscriber must be able to substantiate the reason fnr each MVR Data order.
11. MISUSE OF SERVICES OR INFORMAIION. 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 SubscribeYs user identification numbers or passwords ("Acwunt
ID's'�. Such misuse or unautliorized 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 4or che administration and conYsot of Account ID's by its employees
and third parties, and shall identify a security adminisCrator to coordinate with WEST. Subscriber shall manage all Account ID's, and
Account Number___
West Government Services Agreement— Order Frm (SJ09)
10-10
notify WEST promptly if any Account ID becomes inactive or invalid. Subscriber shail follow the policies and procedures of WEST with
respect to account maintenance as same may be communicated to Subscriber from time to time.
13. SECURITY EVENY. In the event that Subscriber learns or has reason to believe that WEST data has been disciosed or ac�essed 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 individualiy identitiable 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 indrvidually identifiable
information (a "Security Event"), Subscriber shall, in tompliance with law, notify the individuals whose information was disclosed that a
Security Event has occurred. Aiso, Subscriber shail be responsible for any other legai obligations which may arise under appiicable law in
connection with such a Security Event and shall bear all additional costs assodated with resolvin9 the Security Event.
14. CHANGES IN USE OR ACCE55. WEST may, at any time, impose restnctions 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 resuit 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 aii investigations that WEST may conduct as a result of an actual
or alleged breach of this Agreement. Violations discovered in any review by WEST will be subject to immediate action including, but not
limited to, termination of the account, legal action, and(or referral to federal or state regulatory agencies.
16. TERM OF CONTRACT. This Agreement may be terminated by WEST without cause by providing thirry (30) days written notice to
Subscriber. Any provision or condition required for the interpretation of this Agreement or necessary for the full observation and
performance by each party hereto of all rights and obligations arising prior to the date of expvation 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 NEGLIGENCEj AND REGARDLE55 OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT CLAIMED
TO HAVE BEEN VIOLATED, SHAL� 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 WIIL 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 �F THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY WEST HEREUNDER, WHICtI ARE FAR
LOWER THAN WOULD BE AVAILA64E TO SUBSCRIBER A85ENT THE WAIVERS AND DISCLAIMERS CONTAINED HEREIN. WEST AND THIRD
PAftTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS OR IMPLIED. WEST AND/OR THIRD PARTIES DO NOT
GUARANTEE OR WARRANT THE CORRECTNE55, COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNE55 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 Substriber's use of the Services.
21. AGREEMENT ENTIRE7'Y. This Agreement, as amended, sets forth the entire understanding aod agreement between WEST and
Subscriber regarding the subject matter herem and supersedes any prior or contemporaneous oral or written a9reements 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 Substriber via
on-line click wrep amendments or Subscriber bulletins. This Agreement shall be interpreted in accordance with the internal laws of the
State of Minnesota.
APPROVAL AND SIGNATURE. I certify that I am authorized to execute this Agreement on behalf of the Subscriber listed above.
Further, I certify on behalf of such Subscriber, that the above statements are true and correct and agree for the Subscriber to
the terms and conditions set forth in the Agreement.
Account Number
West Govemment Services A9reement - Order Form (5/09)
lo-lo
Signature:
Title: Chief of Police
Printed Name: John M. Harrington Date:
Account Number_____
West Govemment Services Agreement — OrUer Form (5/09)
10-10
WEST GOVERNMENT 5ERVICES
VENDOR REFERENCE RELEASE
As part of our credenfialing process, we are contractually required by our data partners to gather certain
information regarding our customers to ensure that we're providing data only to legitimate businesses. To do
that, we may need to contact a vendar that you use to verify your business relationship with the vendor. This
form serves as written consent giving permission for ChoicePoint, our credenrialing pariner, to contact your
listed vendors.
1. Complete the following information for your company. Be sure to include your signature:
Date:
Account Number:
Company Name: _ Saint Paul Police Denartment
X 5ignature:
Print Name: John M. Harrington
Title:
2. Please list at least 1 current Business to Business Vendor Reference for verification:
Company Name: Ramsev Countv Sheriffs Office Contact: Angela Steenberg
Adclt'ess: 425 Grove Street Saint Paul MN 55101
Phorie: 651-266-9308- Fax:
Accoun[ Number___
West Government Services Agreement — Order Fortn (5/09)
10-10
Email Address: angie.steenberg(c�co ramsey.mn us
Account Number (if applicable):
Company Name:
Address:
Phone:
Email Address:
Account Number (if applicable):
Contact:
Faac:
3. Please return this form with your service agreement or fax this completed form to: (678-893-9732)
The sole use of this information is for credentialingpurposes ondy. This information will not be sold to
or shared with outside businesses or be used in any of our data products or for any marketing purposes.
FOR COMPLETION BY BUSINESS TO BUSINESS VENDOR
The company listed in #1 (above) has provided your name as a business reference. Please complete and
sign this section of the form and fax it to:
Vendor contact name (printed):
Vendor signature:
Account Number
West Gavernment Services Agreement— Order Porm (5109)
10-10
Do you have a business relationship with the company shown above? (Please check one) _Yes _No
ConfidentialiTy Notice: This message is intended only for the use of the individual or entiry to which it is addtessed and may contain infolmation thffi is privileged and
confidential If the reader of tLis message is not the intended rzcipient or an agent responsible for deli�ering the message to fhe inteoded recipient, you are heceby
norified that any disseminarioq dismburion or copying of Uus cqmmunication is striclly protubita3. If you have received this communicauon in eaor, please notify us
immediately by retum faY. "
Account Number___
West Government ServKes Agreement— Order Pomi (5/09)
10-10
User List For
West Government Services Products
Single Location
Agency/Account Name:
Last Name First name E-mail Address Phone Number
Lynch Tim tim.lynch@ci.stpau{.mn.us 651-266-5510
Reed Ken ken.reed@ci.stpaui.mn.us 651-266-5663
Polyak Gene gene.polyak@ci.stpaul.mn.us 651-266-5516
Wuorinen Kathy kathy.wuorinen@ci.stpaul.mn.us 651-266-5888
Frazer Steve steve.frazer@ci.stpaul.mn.us 651-266-5655
Luna Colleen colieen.luna@ci.stpaul.mn.us 651-266-5526
Pye Greg greg.pye@ci.stpaul.mn.us 651-266-5999
Vomastek John john.vomastek@ci.stpaul.mn.us 651-266-5546
Martinez B+II bill.martinez@ci.stpaul.mn.us 651-266-5562
Neuberger Joe joe.neuberger@ci.stpaul.mn.us 651-266-5619
Coyle Brian brian.coyle@ci.stpaul.mn.us 651-266-5514
McNamara Tina tina.mcnamara@ci.stpaul.mn.us 651-266-5701
Quinn Meghan meghan.quinn@ci.stpaul.mn.us 651-266-5900
Chung ' Phuong phuong.chung@ci.stpaul.mn.us 651-266-5900
Mathison David david.mathison@ci.stpaul.mn.us 651-266-5930
Acmunt Number
West Govemment Services Agreement — Order Form (5/09)
0
ADDENDUM
10-10
� This Addendum is entered into between the City of Saint Paul_("Subscriber") and West
Govemment Services ("WEST") to amend the West Govemment Services Subscriber Application, Order
Form and Service Agreement (the "AgreemenY'). Both parties a�ee to the following teims and
conditions and expressly agree that if any of the following terms and conditions are in conflict with the
tem�s and conditions of the Agreement, the following terms and conditions will prevail.
The terms and conditions of tlus Agreement are govemed by the A�eement, this Addendum and
any other amendments which aze agreed to by both parties. Any additions or changes to this agreement
must be in writing and must be agreed to by each party by having the proper authorized designees sign
each amendment, e�ubit, and addenduxn.
Paragraph 4, sentence 4 of Service Agreement CHARGES TO SUBSCRIBER is amended to
read:
Subscriber is responsible for payment of all collection costs and attorney fees incurred by �VEST through
its efforts to collect on balance(s) found by a court or arbiter of competent jurisdiction to be owed by
Subscriber.
Paragraph 17 of Service Agreement INDEMNIFICATION is amended to read:
INDEMNIFICATION. To the extent permitted 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 attomeys' fees) arising &om or in any way related to (i) the use, access or misuse of
information by Subscriber (or any third party receiving such infonnation from or through Subscriber), and
(n) Subscriber's breach of any representation, warranty or other provisions of this Agreement.
read:
Pazagraph 18, first sentence of Service Agreement LIABII.ITYl�VARRANTY is amended to
LIABII.IfiY/WARRANTY. Subscriber and WEST sha11 each be responsible for its own acts and
behavior and the results thereof.
WEST GOVERNMENT SERVICES SAINT PAUL POLICE DEPARTIviENT
By:
Title:
Date:
ENCUMBERED BY
By:
Title:
Date:
Title:
Date: