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Resolution No. 2012-088RESOLUTION NO. 2012-88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND AUTHORIZING THE EXECUTION OF A SUBSCRIBER AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND WEST PUBLISHING CORPORATION DBA WEST GOVERNMENT SERVICES FOR THE USE OF CLEAR INVESTIGATOR SOFTWARE WHEREAS, on,September 20, 2010, the City Council.of the City of Vernon adopted Resolution No. 2010-131 approving a subscriber agreement and addendum to the agreement with West Publishing Corporation dba West Government Services (uWesta) for the use of Clear Investigator Software; and WHEREAS, the agreement and addendum to the agreement have expired; and WHEREAS, the City of Vernon and West desire to enter into a new one year Subscriber Agreement (the "Agreement") setting forth the terms and conditions under which West will provide the Vernon Police Department (the "DepartmentH) access to the West Clear Investigator with WEB Analytics software (the "Software"); and WHEREAS, access to the Software is available to City staff who perform county, state and federal public records searches; and WHEREAS, the Software will allow the Department's Detectives, Investigators and Patrol Officers to access current and historical records verifying the identity of individuals and businesses; and WHEREAS, by memorandum dated May 22, 2012, the Department has recommended that the City Council approve and authorize the execution of the Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby approves the Subscriber Agreement with West, in substantially the same form as the copy which is attached hereto as Exhibit A. SECTION 3: The City Council of the City of Vernon hereby authorizes the Mayor or Mayor Pro-Tem to execute the Subscriber Agreement for, and on behalf of, the City of Vernon and the City Clerk, or Deputy City Clerk, is hereby authorized to attest thereto. SECTION 4: The City Council of the City of Vernon hereby instructs the City Administrator, or his designee, to take whatever actions are deemed necessary or desirable for the purpose of implementing and carrying out the purposes of this resolution and the transactions herein -approved or authorized. SECTION 5: The City Council of the City of Vernon hereby directs the City Clerk, or the City Clerk's designee, to send one fully executed Subscriber Agreement to: Zach Hansen West Publishing Corporation d/b/a West Government Services 610 opperman Drive P.O. Box 64833 St. Paul, MN 55164-1803 - 2 - SECTION 6: The City Clerk of the City of Vernon shall certify to the passage, approval and adoption of this resolution, and the city Clerk of the city of Vernon shall cause this resolution and the City Clerk's certification to be entered in the File of Resolutions of the Council of this City. APPROVED AND ADOPTED this 5 h day of June, 2012. Name: wi)Iam J. Davis Title:--V� / Mayor Pro-Tem - 3 - STATE OF CALIFORNIA ) ss COUNTY OF LOS ANGELES I, Willard G. Yamaguchi, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 2012-88, was duly passed, approved and adopted by the City Council of the City of Vernon at a regular meeting of the City Council duly held on Tuesday, June 5, 2012, and thereafter was duly signed by the Mayor or Mayor Pro-Tem of the City of Vernon. Executed this day of June, 2012, at Vernon, California. /,qillarC�-G. Tamdgijchi,J�Aty Clerk (SEAL) - 4 - EXHIBIT A WES fORDER FORM - CLEARu'SIERVICES 0 10 Oppernian Drive, P.O. Box 6483, St. Paul. MIN 55164-1803 1 el: 65 116117-8000 WESTo A Thomson Reuters business ChecA Way? account status below as applicable.- RepName&Number Zach Hansen 0120718 Nest (NACI Form attached) — X Existing with no changes Existing with changes _ (Permanent name change must affach a Customer Name Change Form) an existitip West account? C:j Yes ---------­--- ----- - ------ - -------------------------------------------------- - --------------------------------------------- ------------ 0 No ACCI 11 PO4 Date 3-16-2012 M Nintie/Subseribei VERNON POLICE DEPT Bill To Acct It .0 Oider Confirmation Contact Name Herrera Gustavo 1'-Mail gherrera@covpd.org PD CLEAR Contact Narne (rot delivery orRegistration Keys. Individual users will also receive their Registration Keys if their e-mail addresses are provided) James Rodino E-Mail Irodino@covpd.org 'relephone (323) 587-5171 ext 115 CI,I:AIZ ]it imary Account Contact Name (general business contact) Danita Robertson 11-Mail drobertson@covpd.org Telephone (323) 587-5171 ext 110 Permanent Address Change One-Tinic Ship To Additional Ship To Additional Bill To Name Ann: Addicsx Suite/Floor Slate County zip _ CLEAR Products 9 of Users Full S�� a rl r.D at Su - but , riber's Mont . bly Total Monlibly 41011056 CLEAR with Web Analytics 7 viner C LEAR Clarets $766.80 Total Monthly CLEAR Charges s 766-80 CLEAR Charges are billed oil the date West processes Subscriber's order and continue to, a minimum of 12conipletemlendermoiiths('%Miniiiitjml'erill"), IrSubscriber electsa longer Minimum Tenn tile Monthly CLEAR Charges will be billed asset forth herein. Upon conclusion of the CLEAR MiniolLan Term. Monthly CLEAR Charges are billed itherctifler at tip to then-currem rates. Excluded Charges and Monthly CLEAR Charges (after the Minimum Term) may be "Eadifled as set forth in (lie Subscriber Agweincint (as defined herein). Subscriber is responsible for all Excluded Charges as incurred. Subscriber's Initials for 24 til.nill ('LEAR Minimum Term Subscriber agrees to commit to a Minimunn'rerm of 24 months and the Monthly CLEAR Charges fit Elie second 12 month,, not to increase by note 1111111-0/ over the Monthly CLEAR Charges for the initial 12 months. T120 Subscriber's Initials for 36 Month CLEAR Minimum Terin Subscriber agrees to commit to a Minimum Term cl months and the Monthly CLEAR Charges iMuccond 12 months not to increase by more (hall 5 % over the Monthly CLEAR Charges far the inaial 12 months and Monthly CLEAR Clairges for the third 12 months lint to increase by more than 5 % over file Monthly CLEAR Charges for the second 12 months. In the evcin Subscriber is a corporation accessing CI.EAR Services on its own behalf and oil behalf of any government agency or entity. Subscriber must execute and submit to West separate agreements for Each use case and be credentialed separately foreach use case. 4 1;11 SAMIa., 748.d., CLEAR Balch Transactional I I Access to CLEAR Batchshal I begin on the date West processes Subscriber's Order and shal I continue far a minimum or 12 complete calendar months thereaficr ("Min inium I eiin'). Subscriber may elect a longer Minimum Term by his/her initials below. CLEAR Charges for Subscriber's access to and use or CLEAR Batch sha I I begin whein �uhscrihcf first accesses CLEAR Batch and are Subject to change as set forth in the "Subscriber Agreement" (as defined hereon). At the end ofthe Minfinalin Ferm Subscriber accc,s to CLIHAR Balch shall terminate unless Subscriber and West enter into a superseding agreement. CLEAR Charges for CLEAR Batch shall be billed at dicri-curmint Schedule A rates. CLEAR Charges am subject to change as set for the in the "Subscriber Agreement" (as defined hercin). Subscriber's Initials for longer Minimum Term. Please check: _ 24 or 36 month Minimum Term. office (Ise OnFv OF instruct: Enter a discouluir 100% - in the Condition Group I field on Additional - D CLEAR Batch Window Monthly Access to CLEAR Batch shall begin oil the date West processes Subscriber's Order andshall continue for a noininturn of 12 complete calendar months thereafter ("Minimum rerin' ). Sulscriber may elect a longer Minimurn rerm by his/her initials below. During the Minimum Term. Subscriber shall guarantee minimum monthly Cl EAR Charges i's so, follhalhave ('-.Monthly Guarantee ') regardless orSubscriber's actual wage. All CLEAR Charges shall be waived for Subscrilvr's acniul usage ill excess orthe Monthly litiarantec through the window ( Window). as set Forth above. Subscriber shall pay all CLEAR Charges in excess 01' the Window as incurred, its well as any other applicable CLEAR Charges. CLEAR Ratch rquest%musl be submitted at least live (5) business days prior to the and at a billing month in order to apply against 1110 Monthly (iVJNl1lLCc or Windro, lot such mouth. CLEAR Charges are subject to change as set for the in the "Subscriber Agreement" (as defined herein). At the end ofthe Minimum I CIFISLIliscriber's access to CLEAR Batch shall terminate unless Subscriberand West enter into a superseding agreement. — Subscriber's Initials for longer Minimum Term. Please check: _24 or_36 month Minimum Term. Allsuhscribers will be restricted to "Standard logging"; provided, however, authorized law enforcement agencies with arrest powers; may request (hot user input values entered in it scarchorreport be "blind logged". Authorized law enforcement agencies choosing Blind Logging must initial below: West reserves the right to change (lie logging type based oil enedenlialing and 81TOLint validation. I . .. Subscriber initials if Subscriber is in auldamised law enforcement agency with arrest powers and requests Blind Logging Requitcd for, And Applicable 10, 01113'accounts with arrest powers. must be completed for every at der, including renewals. Subset iber 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 and network Access: Subscriber's Initials. Functionality at CLEAR cannot and does runi limit Access to non -West Internet sites. his the responsibility ot'Subscriberto control access in [he Internet. By hiniffier initials- Subscriber acknowledges its understanding and acceptance of the security limits of CL9AR and Subscriber's rc"p("Isillilit3li-orconirolliiiglntenict�iccess. rc Snbawriber's Initials. Subsciiihercerufles that it shall be responsible Imcontrolling network access to the Internet OF internal SlibscribersiaLs. Subscriber aprecs to provide its own firewall- proxy servers or other security technologies as well is desktop security to limit access to the CLEAR URL And West software. S ubscriber most design, call 1`6um and implement its own security configurat ion. kSainiClibl?"'NiflitiAlS. SUhscril,cT Shall )'Or use any Data, and shall not distribute Any Dain to a third party thor use, in a numner contrary (car it, violation Of Any applicable federal, state, oi Incal law, rule at regulation or in any manner inconsistent with Elie Subscriber Agreement AtSubseribet's Initials. CLEAR vVill be accessed by Subscriber employees only lbr administrative or internal business purposes. All such access asewill rally comply with the following restrictions: • In no event shall anyone Other than approved Subscriber employees be Provided Access to or control ofarty terminal with Access to CLI:AR Or CI,FA R data. • Terminals with C1.1- AR access. access credentials, and CLEAR data will be in secured locations that do not provide inmateldcuorice Access, • No access shall be 111.11SOUNed or otherwise provided to third parties. • Subscriber shall be solely responsible for ensuring that no sensitive information is made available beyond its stated permissible Mr. SAMI,w 749.doi IP Address Section Only External IP Address(es) or Rarl Must Be Provided Valid External IP Addresses or IP Ranges belonging to your organization and meeting the following requirements must be provided lor :ill CLEAR orders: IP Addresses assigned to jurisdictions outside the United States or West approved U.S. Terrilorice; are probibiled. • IP Addresses will not be accepted from the following ranges which are reserved by (lie Interne( Assigned Numbers Authority for special use or private networks: 10.0.0.0 - 10.255.255.255,127.0.0.0- 127.255.255.255,172.16JI.il - 172.31.255.255, 192.168.0.0 - 192.168.255.255, 169.254.0.0 - 169.254.2.15.255. • All 11' addresses must be IPv4 addresses. permissible IPAddressies) will be thoseprovided below as well as anp previousiv provided IP Address(es)for this Subscriber Subscriber's Internet Service Provider Name Same as current account Provide 11' Address(es) or IP Address Range(s) below Additional page(s)maybcatuichedifneeded Beginning I P Address Same as current account Ending IP Address Bekinning IP Address Ending IP Address All CLFAR SlAbsci bers will receive retailing access to CLEAR. Roaming perm its users outside Subscriber's designated I P Address/Range. __ Subscriber initials if Subscriber requests that roaming access be blocked. In such event Subscriber's users may only access CLEAR through the IP Addresses provided to West by Subscribei. Iryou do not know your company's external IP address(s), try the following: L ('t,iiiiielyotirne(workadministrn(ioii.Fircwallors�urity(enin 2. Cuomo your Imernet Service Pro,,ider. ISP (i.e. Cable, DSL, Satellite, etc.) , j 0. no 96 or hi I -er: w. - I . - L� URL in Your brows , f. I . L. , - to idemily your external IP addrexs (NOTE: If you this tool will only detect one IP address) lWhimal Contact for (:LEAR Products (iflipplicable) (Contact for IP Address Issues) Name (please print) James Rodino felepholle (323) 587-5171 ext. 115 E.Mail jrodino@covpd. I(:LEAR Users, My Account Administrator and Authorized QuickView+ User ]__�= See attached list. 11 ifivrewcadd it imol I CLEAR users add itional page(s) must be submined with the order User Type Key I AD = Administrator I Sv=Supervisol II CLEAR Users, My Account Administrator and Authorized QuickView+ User (cont'd) 1 7 Stdocriber shall authorize which user shall be named as the My Account Administrakir. Access to My Account will allow CLEAR user management. general aCCOU111 inibrimation and granting access to other My Account users, Authorized Nly Account Administrator for CLEAR W<,,,�> Lam Name E-Mail jrodino@covpd.org (Required) Subscriber shall aulharize which CLEAR Lisers(s) shall have seem to QuickView+. Aclual charges billed by Wes( may vary from charges repored on QuickView+, Ailiscriller shut[ pay charges as billed, West does nm warrant and has no liability with respect to accuracy of charges or other information on QuickView+. Rodino First Name James I" %aI 1, orized CLEA R Password Holder for CLEA R Q u ic k View+ A�� Lost Nano, Rodino rirst Name. James E-Mail jrodino@covpd.org 411111 SAMN.1 748.4o, Lim M. CLEAR Renewals S Sub,CrIb,r(,:,,rfiDcatIon Section east Is. be completed for all Subscifilers that Internet with, MR rage, or hb an, Mo., -Current Monthly CLEAR Charges blare rel in effect as of the data orlhis; Order Form and may not be the r nc.1 —L Ter tb�,Znewrl`ferm islare calculated, depend ing oil (lie length of the current Minimunn'Term or clurent Renewal Te 71 Subscriber's initials for 12 M .... 11, Renewal Tel Sulaicriber P�rcxn to commit to On additional 12 months and the Monthly CLEAR Cluinjes fir the such Mduional 12 notiffissliallbe_oAnione than lhectirrem Monthly CLEAR Charges in efteo at theend of the current Millimunt-jermarld/orcurrem RcoewalTerms. — Suluvriber's Initials for 24 Tvanth Renewal Term** Subscriber agrees to cotimil to all additional 24 mmnfhs� The Monthly CLEAR Chargres for the first Liddannial 12 monilisslitill be—% Ionic than the Monthly CLEAR Charges inclTect atthe endofthe current Minimum Tooll midlorcurreinfenowal ']'arms ad the M1111111I.N CLEAR Charges fir Elie second additional 12 months shol I be .9/6 more Ilion [lie Monthly CLEAR Chargesi for (he first additional 12 mal — Subscriber's InIthils for 36 Month Renewal Term-- Subscriber agrees (a commit to oil additional 36 months. The Monthly CLEAR Chnnifes for tile Am( inkli .... let 12 nomfis shall be.% more Ilion the Monthly CLEAR Charges in effect On the and of the current Minimum Term and/or current Rcrinvol Tums and the 1,10.1thh, 6XAR Charges for thesecorld additional 12 months shall be _%more Ilion (lie Monthly CLEAR Charges for the fast additional 12 inombs. 'fire monthly CLEAli Charges Ibrilic ilhirdarlditionn 1 12 months site I I be ..... . Va monotharithe Monthly CLEAR Charges lbrthe sccond additional 12 months. *4 Effeclive otilleenclorthecurnonlMininuum Terni("Rencval Term"). Upon conclusion of the Renewallarm, MonthIyCLEAR Chargesare billed thercafteral up to Then. convent rates., Excluded Charges and Monthly CLEAR Charges (after [lie Renewal Term) may be morlified as set forth in the Subscriber Agreement. Subscriber is responsible lbrall Excluded Charges its incurred. During [lie RenewalTermand thereafter, Subscriber's aucc9s to and use of CLEAR shall be governed by tile Subscriber Agreement. llnixword%. . Any ptisswirds mul hercin may only be used by the person to whom Elie Password is issued and sharing of passwords is STRICTLY PROH BITED. Gnicral Pi ovi.fores. This Order Form is Subject to approval by West Publishing Corporation, ("West") in St. Paul, Minnesota shall become cffee6ye upon verilication by Wc,i ol'Subse. hu's cictlentials and is govvnicil by Minnesota law. The state and ledenit courts sitting in Minnesota Will ]love CXCILtSiVt jurisdiction over ,Try claim arising loni or related 10 this agreement. Applicable sales, use, personal property, value added tax (VAT) or ejuivalent, ad valorem and Other taxes OTC Payable by Shibsnriber. Subscriber muy be charged interest toy overdue installments and subscriptions and for other open account charges, Ifany, CLEAR Changes Or Open accumm charges remain unpoid 30 days after hemming due, all amounts that are or would become due and payable for the remaining (am of Subscribers Subscriber Agreement shelf become invited lately due and payable of (he sole opt ion of Was(. Intorent charged maybe ildlilisued to the then-high"Icurrent rincalloonable on Min),&qola contracts. ThisOnder Form is non-tran.,krible. All collection flees, including bill no( limited to attorneys fices. are payable by Subscriber. Wes[ may request a current financial statement alullor obtain consumer credit report oil the undersigned individual to determine creditworthiness, West will only requot Consumer credit information on the undersigned f1he undersigned is applying far credit as an individual or if the undersigned's consumer credit Information is necessary For West to consider granting credit to Tile arbirmcritioned company. If .Subscriber inquires whether a credit report was equalled, West wit) provide intrimnation orsuch, ira report Case received and the More, address and telephone number of(he agency thin Supplied the repori. Returns. CI.HA R Charges are non-reflinda hie. The CLEA It Services Subscriber Agreement and the applicable Schedule A price plan ("Subscriber Agreenrl are hereby Incorpora fed by reference an(] made. part of this Order Form. In tire event there is a conflict between the terms and conditions of the Subscriber Agreement and (lie terms and conditions of this Order Form, the. terma and conditions of this Order Form shall control. Subscriber by his/her Signature below. acknowledges his/her iriderstinding and acceptance of file terms and conditions of the Subscriber Agreement. Signature X Date ---- ------- e.11 . ­-, . �, , �. run unuzin rVnIVL PrintedName William T)il 'I'll[" Mayor Pro—Tem DAIC . 1, Signature ATTEST: Willard G. Yamaguchi, City Clerk For Credit ord Transactions only: Visa — Mastercard Am Ex Expir. Date . Total Anil. to Charge APPROVED AS TO FORM: SAMIne, Willard G. Yamaguchi, USE& Chief Deputy City Attorney CLEAR User List Last Name First Name E-Mail Address Phone Number UserType Hill Rex rhiIICcDcovod.or 323-587-5171 ext. 136 IN Zozaya Oscar rzozva(cDcovpd.org 323-587-5171 ext. 133 IN Reyna Jose reynaCaDcovpd.org 323-587-5171 ext. 132 IN Docherty Michael mdochertv@covpd.org 323-587-5171 ext. 131 IN Chavez Celestino chavez(@covpd.org 323-587-5171 ext. 135 IN Swinford Phillip pswinford(a)covi)d.org 323-652-1337 IN Herrera Gustavo Rherrera(o)covpd.org 323-228-8384 IN Mir OFFICE OF THE CITY CLERK 4305 Santa Fe Avenue, Vernon, California 90058 Telephone (323) 583-8811 June 7, 2012 Zach Hansen West Publishing Corporation d/b/a West Government Services 610 Opperman Drive P.O. Box 64833 St. Paul, MN 55164-1803 Re: Subscriber Agreement for the Use of "Clear Investigator" Software Dear Mr. Hansen: Transmitted herewith is a copy of the fully executed agreement, as referenced above, approved through Resolution No. 2012-88, by City Council on June 5, 2012. If you have any questions regarding this matter, please call James Rodino, at (323) 583-8811 ext. 115. Ve79 truly yours, ' - -'j J--"' WI ARD G. YAM U HI City Clerk WGY:dj Enclosure c: Daniel Calleros James Rodino Resolution No. 2012-88 Agreement File No. 12-052 E#fusivefy Industrial Nvi--s I ortimill. FORM - CLEAfe SERVICES 10 Oppernnin Drive, P.O. Box 64833 St. Paid. IVIN 55164-1803 lei: 6� 11687-8000 WEST(D A Thomson Reutem business Check West accountstatus below as opplicable- Rep Name & Number Zach Hansen 0120718 Nev, (NACI Form attached) — Existing X with no changes Existing evith changes Chang For i) (Permanent name change must attatch a Customer Name e 11 Does Subscriber -have all existing West accounr) I ----------- --------- --------- - - ----------------------- 1-1 ------------ -------------- ------- ------- - --------------------------- ------------------------- ------------- - ----------------------- --------- cs Ifyes, please provide West account number ED No X Accl If PO4 Dale 3-16-2012 71 NanicPSubscriber VERNON POLICE DEPT Bill To Acct# 10 Oidci Con fin mation Contact Name Herrera Gustavo 1:-M,il gherrera@covpd.org CLI'AR Contact Name (for delivery of Registration Keys. Individual users will also receive their Registration Keys ifilich e-ramil addresses are provided) James Rodino I. -Mail jrodino@covpd.org relephone (323)587-5171 ext115 CLEAR Primary Account Contact Name (general business contact) Danita Robertson E,.Marl drobertson@covpd.org Telephone (323) 587-5171 ext 110 Perninuent Address ChAnge One -Time Ship To Additional Ship To Additional Bill To Nanne Attn: Addless Suite/Floor state Count Z* y ip — ITT CLEAR Products # of Users Full Svc 4 at Subscriber's Monthly Total Monthly CLEAR Pi,ralu,k� I ... I;__ I — - 41011056 — CLEAR with Web Analytics 7 $766.80 Notes: Total Monthly CLEAR Charges s 766,80 CLFAR Charges are billed on the date West processes Subscriber's order and conlinue for a millimum or 12 complete calendar months ("Minimum Term") IfS.1iscriber clecis -it onger MinialLan Term lile Monthly CLEAR Charges will be billed as set Ford, herein. Upon conclusion of the CLEAR Mi'linaLl, Term, Monthly CLEAR Charges are billed thencaller at Lip to then-curront rates, Excluded Charges and Monthly CLEAR Charges (after the Minimum Term) may be modlifed as set lbril� in the Subse,iber A,,recnient ins delined herein). Subscriber is responsible for all Excluded Charges as incurred. Subscribcr', Initials for 24 Month ('LEAR Minimum Term Subscriber agrees to commit to a Minimum Term of 24 months and the Monthly CLEAR Charges nar the second 12 months not to increase by note than 6 % over the Monthly CLEAR Charges for file initial 12 months. rM!Z10" Subscriber's Initials for 36 Month CLEAR Minimum Term Subscriber agrees to commit to a Minimum Term or 36 months and the Monthly CLEAR Charges hectaid 12 months not to increase by more than 5 % over the Monthly CLEAR Charges Ita the initial 12 mondis and Monthly CLEAR Charges for the third 12 ilawalis not to increase by nnore than 5 % over the Monthly CLEAR Charges for the second 12 months. In the ocia Subscriber is a corporadon accessing CLEAR Services on its o" behalfand on behairoi any government agency or entity, Subscriber must MCule and submal in West separate agreements for each use case and be credenfialed separately for each use case. 4 hit SAMI.w 748A.t CLEAR Balch Transactional I AcCess lo CLEAR Batch shall begin on the date West processes Subscriber's Order and shall Continue for a mimmurn of 12 complete calendar months thereafter ("Min inium I ell ), Subscriber may elect a longer Minimum Term by histlier initials below, CLEAR Charges for Subscriber's access to and use of CLEAR Batch shall begin when SUII.Wribe, li,xt. accesses CLEAR Batch and are subject to charine as set forth in the "Subscriber Agreement" (as dernaccl herein). At the end Ofthe Minimalin, farm Subscriber wees, lo OXAR Batch shall combine unless Subscriber and West enter into a superseding agreement. CLEAR Charges for CLEAR Batch shall be billed at dam-curruill Schedule A rules. CLEAR Charges are Subject to change as set for the in the "Subscriber Agreement" (as defined herein). Subscriber's Initials for longer Minimum Term. Please check: _ 24 or 36 month Minimum Term. Office (Ise Only I OF instruct, Enter A discount of 100% - in file Condition Grain, I field on Addition — at Data A tab. CLEAR Botch Window Fvfnnthiv Access In CLEAR Batch shall begin on the date West proccaces Subscriber's Order and %hall continue for a minimum of 12 complete calendar months [hereafter ("Minimum I crin' l Subscribei may elect a longer Minimum reno by his/her initials below. During the Minimum Term. Subscriber shall guarantee minimum monthly CLFAR Charges :1, w lin Ill above ("Monalily Guarantee ') regardless Of Subscriber's actual usage. A I I CL EAR Charges shot I be waived for Subscrilxr's acalid usage in excess of (lie Mom lily Gousaaace through the Window ("Window ). a., set lial h above. Subscriber slial I pay at I CLEAR Charges in excess o f the Window as incurred, its wel I as any other applicahle CI.F., A R Charges. CLEAR Batch ruquests in List lie submitted at least Five (5) business days prior to the end ol'n bil I ing month in order to apply against tile Moiltilly (itaiianice or Window, to, suel, month. CLEAR Charges Ore subint to change as set for the in the "Subscriber Agrcement" (as defined herein). A( the end ofthe Minimum I "in Sub.serber's access to CLEAR Batch shall terminate unless Subscriberand West enter into a superseding agreement. Subs"iber's Initials for loage, Minhaturn'lerni. Please check: _24 or_36 month Minimum Term. Usage Logging All SUII.Wribers will be restricted to "standard logging"; provided, however, authorized lawcnforcement agencies with arrest powers may request thin user input Value$ entered in it search or repon be "blind logged" A tubmi7ed law efforeement agencies choosing Blind Logging must initial below: West reserves the right to change the logging type based )I, crudenlialing and account validation I . .. Subscriber initials IrSubscinther is all authorized law enforcement agency with arrest powers and requests Blind Logging Requil ed for, and applicable to, onl) accounts lvilb arrest powers. Subscriber Certification Section Required foi- all accounts that interact with, manage or house inmates or detainees. Suberiber Certifications must be cauiple(ed 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 and network access: Subscriber'shli(fitis. Fune(ionality of CLEAR cannot and does not limit access to jeot-West Internet sites. It is the responsibility ofStibscribernicannol access to the Internet. By histher initials, Subscriber acknowledges its understanding and acceptance of the Security limits of CLEAR and Subscriber's respoinsibil ity for controlling Internet access. Snbsedher'shnilials. Subscibercertifics that itshall be responsible forcorarolling network access to the Internet or hacnial Subscribersitics, Subscriber agrees Eo provide its own firewall. proxy servers or othersecurity, technologies as Well as desktop security to linnitaCCOSS to [lie CLEAR URL and West k, 5ollware. Subscriber most design, configure and implement its own Security COIrfiglawion, Subscriber'., Initials. Subscriber shall not use any Data, and shall not distribute any Data to a third Party for use. it, a mannercontrary to a, in vinlition of ran, applicable federal, state, oi local law, rule or regulation or in any manner inconsistent with the Subscriber Agreement. Subscribe. 's Initials. CLEAR Will be accessed by Subscriber employees only for administrative or internal business purposes. All Such acCCSS Use Will fully Comply Will the following restrictions . In no event shall anyone other than approved Subscriber employees be provided access (a or control ofany terminal with access to CLFAR or CLFAR data� . Terminals Willi CLEAR seem. access credentials, and CLEAR data will be in secured localions that do not provide I nimate/dela i lice access. . No access sholl be outsutinced or otherwisc provided to third parties. . Subscriber shall be solely responsible for ensuring that no sensitive information is made available beyond its Stated permissible use. SAMInel 7d8dka IP Address Section Only External IP Address(es) or Range(s) Must Be Provided Valid External IP Addresses or IP Ranges belonging to your organization and meeting the following requirements must be provided ]mr all( LEAR ordej s: • IP Addresses assigned to jurisdictions outside the United States or West approved U.S. Territories arc prohibited. • HP Addresses vvill not he 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 - 169.254.255.25,5. • All 11' addresses must be II'v4 addresses. permissible ll'Address(es) will be those provided below as well as anp previously provided IP Address(es) for this Subscriber Subscriber's Internet Service Provider Name Same as current account Piovide 11' Address(es) or IP Address Ranige(s) below Additional page(s)arayberanad! ifin.dd Beginning I P Address Same as current account Ending IP Address Beginning IP Address Ending I P Address All CLEAR Subscibers will receive roaming access to CLEAR. Roaming permits users outside Subscriber's designated III Address/Range. NubscHber inilials if Subscriber requests that roamingacms be blocked. In such event Subscriber's users nlay only access CLEAR through the 1P Addresses provided to West by Subscriber. lrYm, do noi know your company's external IP address(s), try the following: L Cilium your network administration. firewall orsccurity team 2. Conlact your Internet Service Provider. ISP(i.e. Cable, DSL. Satellite, etc) fiollowin. URI. in your browser: ,I; k,- 0, %0ill.k.. OT11.41ift ..1! 1, opit! to identify your external IP address (NOTE: I C you 11URIPIC IV addresses, this tool will only detect one IP address) I chnit-ol Contact for CLEAR Products (if applicable) (Contact for UP Address Issue.%) Name (please print) James Rodino (323) 587-5171 ext. 115 F-Mail jrodino@covpd. ICLEARUsers, 'My Account Administrator and Aufhorized QuickView+ User --F-= Last Name First Name E-mail Address Phone Number lN AD AN SV See attached list. I I I k/10 I I I IN = Investign or It there one odditional CLEAR users additional pages) 111LISt be submitted With (lie order User Type Key AD � Administrator SV = Supervisoi I I AN = Analyst I TC=Teclitiical ICLEAR Users, My Account Administrator and Aufliorized QuickView+ User(cont'd) I Subscriber shall authorize which user shall be earned as the My Account Administrator, Access to My Account will allow CLEAR user rananagernent. general account inlinnnidon and granting access to other My Account users Anihom i7xd My Account Administrator for CLEAR La,,1 Narle Rodino First Name James E-Mail irodino@covpd.org (Required) SO,wrilic, slitill inaborize which CLEAR users(s) shall have access to QwckView,­. Actual charges billed by Wes( may vary frorn charges reported on QuickView+. SLII�.W,il,c(slialip.iyclikirgt,sasl)illed. West does not warrant and has no liability with respect to accuracy ofellarges, or other inibrinalluan oil QuickViewi-. %vthoriz,d CLEAR Pasword Holder for CILEAR QuickVicw+ 1.115, ,nou, Rodino First Name. James E-Mail jrodino@covpd.org SAMIM 748,da, CLEAR Renewals Subscriber Certification Section as list a Is. be completed for all Subscribers that interact with, manage, or house in carries or detainees. 'Current Munahly CLEAR Chargeti Were trials) it, eflect as ofthe date or (his Order Form and may not be (lie rale(s) in eflact when rale(s) for the Renewal Tent, Ware calculated, deliencling oil the length oflim current MinumuniTerin or Current Renewed term . I Subscriber's lailials to. 12 Moulls flenewAl Tcrm-- Subscriber aigrolis 10 C0171111it in an additional 12 months arid the Monthly CLEAR Charges her the such addilional 12 nionflissisill be_ -A, nore than the current Monthly CLEAR Charges in affect side endof the current MIhicatim'I'C(M and/orcurresil Renewil Terms. Subs"ibei's Initial$ for 24 Month Renewal Tes-.W- Subscriber agrees to commit to an additional 24 monflis. �riie Monthly CLEAR Charoes thr the First ill 12 includes shall be % sion, than the Monthly CLEAR Charges in affect at the end offliecurreent Minimum Torni and/or Current Renewal ]arms and the Milialik CLIHAR Charges for fllcsccou� additional 12 nontlissholl be , % mom than die Monthly CLEAR Cluages for the Arst additional 12 ruoundis. — Subscriber's Inl(fills for 36 Month Phric."I Telm-- Subscriber agrees to eorninit to all additional 36 months. The Monthly CLEAR Charges for the As( aidanural 12 nionths shall lx�/. rium limit the Monthly CLEAR Charges in effect at the end ofthe current Minimum 'feral and/or current Renewal 'erms and the MoilthlY CLEAR Charges for the second ndditionnt 12 months shall be % -note flaw (lie Monthly CLEAR Charges for the flat additional 12 months. rile monthly CLEAR Charges for the third additional 12 intaillis shall bc--.-.210 mom then the Monthly CLEAR Charges fiardicsocand additional 12 months. *� Elpredve at the end orthe current minimum Teno ("Rencival Term"). Uponcounclusion ofthe Renewal Term, Monthly CLEAR Chargesare biThad thercafteral up to then. V.frent rates.. Excluded Chars" and MonthlyCLI-AR Charges (after J116 Renewal Temn)rmy be moul asset forth In tht, Subscriber Agreement Subscriber is responsible brull Excluded C'Jualics as incurred. During (lie Renews] renn and thereafter. Subscriber's access to and use afCLrAR shall be governed by the SubscribiLr Agreement, Passwords. . Any passwords issued herein may Only be used by the person to whom the password is issued and sharing orralsswords; is STRICTLY PROHIDI rED. (;ereiad Pio,istruss. "rhisOrderForm issubject(oappraval by West Publishing Corporation. ("Wes(") in St. Paul, Minnesonisholl becomcolTeciiYcttpoii�-rit�eationby WVSi "I'SUbscriber's credentials unit is governed by Minnesota law. The state and federal courts sitting in Minnesota will have CxChNivejuriscliction oYcY tiny claim arising firm or cialed to this agrucricint Applicable sales, use. personal property, value added tax (VAT) or equivalent, ad valorem and other taxes am payable by Subscriber. Sidiscriber rusy he charged interest far overdue Installments and subscriptions and for other open account charges. Vary, CLEAR Charges or open account charges restriain unpaid 30 days oiler beceraming duc� all amounts 111AL are Or Would become due and payable for the remaining term of Suhscriber's Subscriber Agreement shall became inlaxedialely ritic and payable at the sale option ofWacl. firwari charged maybe adjusted to tire then-higbesicuinnerd rate allowriblerin Minowsola contracts. rhes Order Form is non-larunsIclable. All collection tees, including bill no( limited to attorneys fees. are payable by Subscriber. West may request a current financial stakinent Anallor obtain consioner credit report on the undersigned individual to ricteripine creditworthiness. West will only request consumer credit information On the undersigned iffhe undersigned usapplying for cmdit as an individual or I'Llm undersigned's consumer credit informatiout is necessary for West to consider granting credit to the olinamcirdioned company. If SUbscrilbef finquires whether a crodit report was requested. West will provide information of such, If a report was received and the Mom. Rddms and telephone number of the ageney Lhinsupplied [lie report. RIle I Is. CLEA It Charges are non-a-landahle. , rhe CLEAR Services Subscl iber Agreement and the applicable Schedule A price plan (4'Subscriber Agreement") archereby Incorporated by reference and inade part of this Order Form. In file event (here is a conflict betweenthe 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 undershinding and acceptance QW yrfl-Im it ccra4lt1o(rNfq'. Subscriber Agreement. 06- - //- 12� A LITIORIZED REPRESENTATIVE FOR bIRDER FORM For Credit Card Transactions only: Visa _ MinterCard Am Ex aid N Expir. Dale Tatal Amt. to Charge 034ED A" FORM: SAMIrit Clerk 749.doi Chief Deputy/,ity CLEAR User List Last Name First Name E-Mail Address Phone Number UserType Hill Rex rhillCoDcovocl.org 323-587-5171 ext. 136 IN Zozaya Oscar rzozva(a)covpd.org 323-587-5171 ext. 133 IN Reyna Jose reyna(o)covpd.org 323-587-5171 ext. 132 IN Docherty Michael mdochertvPcovpd.org 323-587-5171 ext. 131 IN Chavez Celestino chavezCa)covpd.org 323-587-5171 ext. 135 IN Swinford Phillip pswinfordPcovi)d.org 323-652-1337 IN Herrera Gustavo RherreraPcovpd.org 323-228-8384 IN RECEIVED Mg P, 9 2012 C11y CLERKS OFFICE STAFF REPORT Police Department DATE: May 22, 2012 TO: Honorable Mayor Pro Tom and City Council FROM: Captain James Rodino P111, RECEIVED MAY 2 3 2012 CITY ADMINISTRATION RE: WEST GOVERNMENT SERVICES - CLEAR SOFTWARE SUPPORT FOR THE POLICE DEPARTMENT Purpose The purpose of this staff report is to obtain authorization to renew the CLEAR Investigator w/Web Analytics software service agreement for the Police Department. We are also requesting the approval to increase the number of users of the software from five to seven subscribers. Background The CLEAR Investigator software allows the user to access via the Internet, current and historical records verifying the identity of individuals and businesses. Access is available to a staff of field researchers who perform county, state and federal courthouse public record searches. In addition to the search capabilities, this software provides charting and mapping features for the data provided. This software is primarily used by the department's Detectives and Investigators. If necessary, the data is accessible by the Patrol Officers. Web Analytics on CLEAR gives investigators access to more than one trillion pages — 500 times as many as you could reach in an ordinary Web search. These include text and photos in: Social networks, blogs, and chat rooms Business information sites Official watch -lists of sex offenders, felons, terrorists, and terrorist organizations Hundreds of U.S. and international newspapers, magazines, and newswires Web Analytics applies sophisticated tools to let detectives quickly see the Web information that's most useful to our investigations. Investigations can hinge on data. Data quality, relevance, speed of delivery and rapid understanding are critical. "M The department has used the software for approximately (6) years and find it to be an invaluable source of information. Recommendation It is our recommendation to approve the request to renew for one year, beginning immediately. The increase from five users to seven users increases the monthly subscription rate from $650.00 to $766.00. Fiscal Impac There is no fiscal impact to the City. Funding will be through the use of asset forfeiture. Attachments Attached to this staff report is an updated West Order Form increasing the number of subscribers to seven.