HomeMy WebLinkAboutJ-5 Resolution: Choice Point, Inc.City of .~Vliami ~ard~ens
1515-200 NW 167~' Street
Miami Gardens, Florida 33169
Aqenda Cover Paqe
Date: June 13, 2007
Fiscal Impact: No o Yes X
(If yes, explain in Staff Summary)
Funding Source: General Fund
Contract/P.O. Requirement: Yes X No^
Sponsor Name/Department: Chief Boyd /Police
Mayor Shirley Gibson
Vice Mayor Oscar Braynon II
Councilman Melvin L. Bratton
Councilman Aaron Campbell Jr.
Councilwoman Sharon Pritchett
Councilwoman Barbara Watson
Councilman Andr~ Williams
Public hearing ^
Ordinance ^
1st Reading ^
Advertising requirement:
RFP/RFQ/Bid #
Title
RESOLUTION No. 2007-
Quasi-Judicial ^
Resolution X
2nd Reading ^
Yes ^ NoX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND
ATTEST, RESPECTIVELY, THAT CERTAIN AGREEMENT
WITH CHOICE POINT, INC., FOR INVESTIGATIVE
SERVICES, A COPY OF WHICH IS ATTACHED HERETO
AS EXHIBIT A; PROVIDING FOR INSTRUCTIONS TO THE
CITY CLERK; PROVIDING FOR THE ADOPTION OF
REPRESENTATIONS; PROVIDING AN EFFECTIVE DATE.
Staff Summarv
As the Miami Gardens Police Department processes applicants for hire, the need to
conduct investigative inquiries is of extreme importance. The use of ChoicePoint
Incorporated will enable the Department to utilize a single source for gathering
information which will ensure the confidentiality of the inquiry. Furthermore, as the
Department begins actual law enforcement operations, the need to make investigative
inquiries while conducting criminal investigations will be needed. The use of
ChoicePoint's databases will provide an integral tool for investigators to use when
attempting to locate perpetrators and witnesses in criminal cases. The ability to
maintain a high level of confidentiality in these cases will ensure the integrity of these
investigations and assist detectives in solving cases. ChoicePoint Incorporated is
currently being utilized by several faw enforcement agencies and is a proven resource
for investigative inquiries. The decision to utilize this web-based service was made after
consulting with various agencies utilizing the service The fee schedule for ChoicePoint
J-5) CONSENT AGENDA
RESOLUTION
CHOICE POINT, INC.
varies depending on the type of search conducted. Each inquiry involves a cost of
approximately five dollars and staff does not anticipate exceeding the City Manager's
spending authority in any given year.
This Agreement would not typically be brought before the Council due to its nature and
due to the fact that the amount is within the City Manager's purchasing authority.
However, the City Attorney was consulted on this item and believes that the best case
scenario would require Choicepoint to amend the indemnification provision to provide
that the City's liability is limited by virtue of sovereign immunity and that the Contract be
governed by Florida law with venue lying in Miami-Dade County. However, as large
national corporation ChoicePoint representatives have stated their inability to alter the
company's form agreement. It is the opinion of the City Attorney
while ideally Choicepoint would alter its agreement, it is an unlikely scenario and the
City Attorney does not anticipate any instances where a claim could be made against
the City which could result in litigation. However, that possibility is always there. Since
neither the City Attorney nor the City Manager have the right to waive compliance in this
regard, this matter is being brought to the attention of the City Council.
Recommendation:
That the City Council approves the attached resolution authorizing the City Manager to
negotiate and execute an agreement with ChoicePoint Public Records Incorporated.
RESOLUTION No. 2007-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS, FLORIDA, AUTHORIZING THE CITY
MANAGER AND CITY CLERK TO EXECUTE AND ATTEST,
RESPECTIVELY, THAT CERTAIN AGREEMENT WITH CHOICE
POINT, INC., FOR INVESTIGATIVE SERVICES, A COPY OF
WHICH IS ATTACHED HERETO AS EXHIBIT A; PROVIDING
FOR INSTRUCTIONS TO THE CITY CLERK; PROVIDING FOR
THE ADOPTION OF REPRESENTATIONS; PROVIDING AN
EFFECTIVE DATE.
1 WHEREAS, it is necessary for the City's Police Department to be able to process
2 applicants for hire, as well as to provide other investigative inquiries with respect to
3 background inquiries, and
4 WHEREAS, the City staff has received quotes from various companies who
5 provide background investigative services, and
6 WHEREAS, based upon those quotes, it is being recommended that the City
7 contract with Choice Point, Inc., as one of the companies to provide investigative
8 information to the City, and
9 WHEREAS, funding for this particular request is provided in the general fund,
10 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
11 OF MIAMI GARDENS, FLORIDA, as follows:
12 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
13 paragraphs are hereby ratified and confirmed as being true, and the same are hereby
14 made a specific part of this Resolution.
15 Section 2. AUTHORITY: The City Manager and City Clerk are hereby
16 authorized and directed to execute and attest, respectively, that certain Agreement with
17 Choice Point, Inc., for investigative services, a copy of which is attached hereto as
18 Exhibit A.
~ 9 Section 3. INSTRUCTIONS TO THE CITY CLERK: The City Clerk is hereby
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authorized to obtain three (3) futly executed copies of the subject Agreement, with one
to be maintained by the City; with one to be delivered to Choice Point, Inc., and with one
to be directed to the Office of City Attorney.
Section 4. EFFECTIVE DATE
This Resolution shall take effect immediately
upon its final passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON JUNE 13, 2007.
ATTEST:
SHIRLEY GIBSON, MAYOR
RONETTA TAYLOR, CMC, CITY CLERK
Prepared by SONJA KNIGHTON DICKENS, ESQ.
City Attorney
SPONSORED BY: DANNY CREW, CITY MANAGER
MOVED BY:
VOTE:
Mayor Shirley Gibson (Yes) (No)
Vice Mayor Oscar Braynon, II (Yes) (No)
Councilman Melvin L. Bratton (Yes) (No)
Councilman Aaron Campbell (Yes) (No)
Councilman Andre Williams (Yes) (No)
Councilwoman Sharon Pritchett (Yes) (No)
Councilwoman Barbara Watson (Yes) (No)
Account Number
ChoicePoint Service Agreement ~Feb ~06>
• ~
ChoicePoint Public Records Inc.
SUBSCRIBER APPLICATION AND SERVICE AGREEMENT
NOTE: INCOMPLETE OR INCORRECT INFORMATION MAY RESULT IN A DELAY OR DENIAL OF YOUR APPLICATION
To submit your application:
1. Please type or print all information requested and fax to 561-982-5895.
2. Please attach a copy of your professional or business licensing or certified Articles of Incorporation or 501(c)(3) document.
3. If your organization is tax exempt, a copy of your state tax exempt certification is required.
4. If publicly traded, a business license is not required. Please provide your stock symbol below.
5. If not publicly traded or federally insured/chartered (banks or insurance carriers), you will be required to sign the banking
reference release form that allows us to confirm your account information with your bank.
6. Banks may be requested to provide vendor references.
7. If not publicly traded or federally insured/chartered, ChoicePoint may also require a site visit to confirm address information,
permissible purpose (legal use of data) or security at your place of business.
The information submitted on this Subscriber Application and Service Agreement will be used to determine eligibility in
accessing information provided by ChoicePOint Public Records Inc. (ChoicePoint). ChoicePOint reserves the right to reject this
Agreement for any reason whatsoever without explanation or recourse against ChoicePoint and/or its employees or officers.
Additionally, the applicant hereby authorizes ChoicePoint to independently verify the information provided herein. As part of
your application for services, we may be required to verify credit information, business or client references and a bank reference
on your organization.
ORGANIZATION INFORMATION (ALL ITEMS ARE MANDATORY)
ORGANIZATION NAME:
MAIN OFFICE PHONE (NOT EXT.): MAIN FAX: WEBSITE (IF APPLICABLE):
CURRENT PHYSICAL ADDRESS (P.O. BOX OR PRIVATE MAIL BOX NOT PERMITTED):
CITY:
STATE:
ZIP CODE:
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):
CITY: STATE: ZIP CODE:
DATE ORGANIZATION ESTABLISHED: (MM/YY) STOCK SYMBOL (IF APPLICABLE):
INDUSTRY TYPE (CIRCLE ONE ITEM THAT BEST DESCRIBES YOUR ORGANIZATION)
ATTORNEY /LAW PRIVATE BANKING / RETAIL /
OFFICE INVESTIGATIONS FINANCIAL WHOLESALE INSURANCE HUMAN RESOURCES
SECURITY COMPANY PROCESS SERVER NEWS MEDIA BAIL BONDS OTHER (SPECIFY)
HOW WILL YOU BE USING THE INFORMATION PROVIDED THROUGH OUR SERVICE?
WHAT IS THE NATURE OF YOUR ORGANIZATION?
DOES YOUR BUSINESS REQUIRE ACCESS TO FULL SSN, DOB AND/OR DL#? YES NO
TYPE OF ORGANIZATION (CIRCLE ONE ONLY)
SOLE PROPRIETOR PARTNERSHIP INCORPORATION STATE:
FEDERAL TAX ID NUMBER:
IS YOUR ORGANIZATION EXEMPT FROM STATE & LOCAL TAXES?
IS YOUR ORGANIZATION HOME-BASED?
LICENSES REQUIRED: A PROFESSIONAL LICENSE IS REQUIRED IP YOUR ORGANIZATION IS PROFESSIONALLY
REGULATED, A BUSINESS LICENSE AND/OR NOTARIZED ARTICLES OP INCORPORATION ARE REQUIRED FOR ALL OTHERS.
NOTE: LICENSE STATE OF ISSUANCE MUST CORRESPOND WITH PHYSICAL ADDRESS OF BUSINESS
PROFESSIONAL
LICENSE#:
CITY OF ISSUANCE:
BUSINESS
LICENSE #:
COUNTY OF ISSUANCE:
LICENSE EXPIRATION DATE: (MM/DD/YY):
STATE OF ISSUANCE:
Page 1 of 5
Account Number
ChoicePoint Service Agreement ~Feb •06~
ACCOUNT CONTACT INFORMATION
LAST NAME: . ~ . FIRST NAME: .
TITLE: PHONE (NOT CELL PHONE):
CELL PHONE (IF APPLICABLE): E-MAIL:
ARE YOU AUTHORIZED BY YOUR ORGANIZATION TO ORDER REPORTS ON THEIR BEHALF: YES NO
~RIMC~-~ tl!'t:RiMlAMY {RE~RE11 i~ ARL fOtE ~RQ~RIETQrRS ~ lARTNERSl~I~
SIGNATURE t~#1E: CPPit IS F~ltEblf AtITT!lQRIZEE~'Tt'~ M~ERK)RM A B/~CKCsRt~JM~ idERI~CIrttE~l.
NAME #1: TITLE #1:
SOCIAL SECURITY # 1: SIGNATURE #1:
NAME #2: TITLE #2:
SOCIAL SECURITY #2: SIGNATURE #2:
NAME #3: TITLE #3:
SOCIAL SECURITY #3: SIGNATURE #3:
_ . __
_ _
sAMI( INfORMATtON I~`i REQt1IREb ~RQM A!L /1~P1.IGNT3,11NLE~S ~TltERMIISE ~~tCTfIED
--- ____
--
_--___ -_ ----=-----
-- ------- =---- - ----__ __
BANK NAME: BANK ADDRESS:
PHONE: FAX:
ACCOUNT TYPE: ACCOUNT NUMBER:
__ _ _ _ -- - ----- - ------
_ __ -- -
_ i2LtI116 INFWtMN1'tON _ __ .
TYPE OF BILLING REQUESTED (CIRCLE '
ONE): CREDIT CARD INVOICE (DUE UPON RECEIPT)
IF YOU GIO~E CREDIT CARD ~ILLINC - I~ILL IN SECTION tELOW
PLEASE NOTE: APPLICItNT AND CREDIT CARD HOLDER MUST MATCH - IF NOT, GONTI4CT YOUR SALES
REPRESENTATIVE FOR THIRD-PARTY BILLING REQUEST '
TYPE OF CREDIT CARD _ _ _ _ _ _ _ _ _ _ __ __ __
(CIRCLE ONE): MASTERCARD VISA AMERICAN
EXPRESS DISCOVER
CARDHOLDER NAME:
CREDIT CARD NUMBER:
CREDIT CARD BILLING ADDRESS:
CITY•
EXPIRATION DATE: (MM/YY)
' . STATE: ZIP CODE:
_. _ _
_ _ _
__ _
IF YOU CHOOSE TO dE =NVOICED - FILL IN SECTION dELOW
__ _ _ _ _ __ _
__ __ _
BILLING CONTACT NAME:
TITLE: E-MAIL:
BILLING ADDRESS:
CITY: STATE: ZIP CODE:
PHONE: FAX: E-MAIL:
AUTNOItIZATION
THE DULY AUTHORIZED REPRESENTATIVE OF SUBSCRIBER HEREBY REPRESENTS AND WARRANTS THAT THE
INFORMATION PROVIDED IN THIS APPLICATION IS TRUE AND ACCURATE.
SIGNATURE:
PRINTED NAME:
TITLE:
DATE:
Page 2 of 5
Account Number
ChoicePoint Service Agreement ~Feb ~06)
SERVICE A6REEMENT
This Agreement is entered into between ChoicePoint Public Records Inc. and its affiliates and subsidiaries ("CPPR"),
and the entity first set forth herein ("Subscriber").
1. SERVICE. CPPR provides nationwide public record information, document retrieval and related 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
CPPR the applicable rates and charges set forth herein.
2. PERFORMANCE. CPPR will use reasonable 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. Subscriber accepts all information "AS IS."
3. SUBSCRIBER CREDENTIALS AND CREDIT REPORT. Subscriber acknowledges and understands that CPPR will
only allow Subscriber to access the Services if Subscriber's credentials can be verified in accordance with CPPR
internal credentialing procedures. Subscriber shall notify CPPR immediately of any changes to the information on
Subscriber's application for Services (including any change of address) and, if at any time Subscriber no longer
meets such procedures, CPPR may terminate this Agreement. Furthermore, Subscriber acknowledges and agrees
that as part of the credentialing process, Subscriber's credit report(s) may be requested by CPPR in accordance
with Federal Fair Credit Reporting Act from one or more consumer reporting agencies. Upon Subscriber's request,
Subscriber will be informed of whether any credit report was requested, and the name and address of the credit-
reporting agency that furnished the report to CPPR.
4. CHARGES TO SUBSCRIBER. For each response to a request for information, including "no record found,"
Subscriber agrees to pay to CPPR the applicable charge then prevailing for Services rendered to Subscriber.
Subscriber shall pay to CPPR prices as updated from time to time through on-line announcements, Subscriber
Bulletins, and published price schedules. All current and future CPPR pricing documents are deemed incorporated
herein. Furthermore, Subscriber shall be responsible for payment for all Services obtained through Subscriber's
access identification code. Payment by Subscriber is due and payable ten (10) days from the date of invoice. If
payments are past due more than ten (10) days from the date of invoice, CPPR may terminate this Agreement.
Subscriber is responsible for payment of all collection costs and attorney fees incurred by CPPR through its efforts
to collect on balance(s) owed by Subscriber. All remittances shall be sent to the "remit to" address on the invoice.
5. OWNERSHIP. Subscriber acknowledges that CPPR 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 shall use such information consistent with such right, title and interest and
notify CPPR of any threatened or actual infringement thereof.
6. SUBSCRIBER USE LIMITATIONS - END USER. Subscriber acknowledges that this Agreement grants Subscriber a
limited license in exchange for payment of the fees and charges set forth herein, and Subscriber shall not
reproduce, retransmit, republish or otherwise transfer for commercial purpose any information that Subscriber
receives from Services, except to employees whose duties reasonably relate to the legitimate business purposes for
which the information is requested. Subscriber warrants that it is the end user of the information, and agrees to
limit use and dissemination of information from Services solely to the business use(s) stated by Subscriber in the
application and online. Subscriber acknowledges that CPPR is providing data to support Subscriber's own processes
and decisions, and Subscriber's customer should not be denied any service or access based solely on data or results
provided by CPPR. Subscriber is responsible for any denial of services or access to its customer 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 CPPR
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.C. Sec. 1681 et seq)
("FCRA") or similar state statute.
8. SUBSCRIBER USE LIMITATIONS - DRIVER'S PRIVACY PROTECTION ACT. Subscriber agrees to use any
CPPR data, which is the subject of this Agreement, in strict conformance with the Federal Drivers Privacy Protection
Act (18 U.S.C. Section 2721 et seq.) and similar state statutes, if applicable.
9. SUBSCRIBER USE LIMITATIONS - GRAMM-LEACH-BLILEY ACT. Subscriber agrees to use any CPPR data,
which is the subject of this Agreement, in strict conformance with the Gramm-Leach Bliley Act (U.S.C. Title 15,
Chapter 94, Section 6801 et seq.) and similar state statutes, if applicable.
10. MVR INFORMATION. If Subscriber is permitted to purchase motor vehicle records ("MVR Data'~ from CPPR, without in any way
limiting Subscriber's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions
apply and are subjed ro change:
1. Subscriber shall not use any CPPR-provided MVR Data, or portions of information contained therein to create or
update a file to the end that Subscriber develops its own source of driving history information.
2. As requested by CPPR, Subscriber shall complete any state forms that CPPR is legally or contractually bound to
obtain from Subscriber before serving Subscriber with state MVR Data.
3. CPPR (and certain Third Party vendors) may conduct reasonable and periodic audits of Subscriber's use of MVR
Data. Subscriber shall maintain for a period of 3 years a complete and accurate record, including identity and
purpose, of every access Yo any personal information in MVR Data in its system. Further, in response to any
audit, Subscriber must be able to substantiate the reason for each MVR Data order.
Page 3 of 5
Account Number
ChoicePoint Service Agreement ~Feb ~06)
11. SUBSCRIBER USE LIMITATIONS - AMERICAN BOARD OF MEDICAL SPECIALTIES ("ABMS") DATA.
Subscriber shall not use ABMS Data, nor permit others to do so, for purposes of determining, monitoring, tracking,
profiling or evaluating in any manner, the patterns or frequency of physicians' prescriptions or medications,
pharmaceuticals, controlled substances, or medical devices for use by their patients.
12. MISUSE OF SERVICES OR INFORMATION. Subscriber agrees to take appropriate measures so as to protect
against the misuse and/or unauthorized access of CPPR's Services through any methods, including unauthorized
access through or to Subscriber's user identification numbers or passwords ("Account ID's"). Such misuse or
unauthorized 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 CPPR 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, CPPR may immediately terminate this Agreement without notice or liability of any kind.
13. SUBSCRIBER ACCOUNT MAINTENANCE. Subscriber is responsible for the administration and control of Account
ID's by its employees and third parties, and shall identify a security administrator to coordinate with CPPR.
Subscriber shall manage all Account ID's, and notify CPPR promptly if any Account ID becomes inactive or invalid.
Subscriber shall follow the policies and procedures of CPPR with respect to account maintenance as same may be
communicated to Subscriber from time to time.
14. SECURITY EVENT. In the event that Subscriber learns or has reason to believe that CPPR data has been disclosed
or accessed by an unauthorized party, Subscriber will immediately give notice of such event to CPPR. Furthermore,
in the event that Subscriber has access to or acquires individually identifiable 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 individually identifiable information (a
"Security Event"), Subscriber shall, in compliance with law, notify the individuals whose information was disclosed
that a Security Event has occurred. Also, Subscriber shall be responsible for any other legal obligations which may
arise under applicable law in connection with such a Security Event.
15. CHANGES IN USE OR ACCESS. CPPR may, at any time, impose restrictions and/or prohibitions on the
Subscriber's use of the Services or certain data. Subscriber understands that such restrictions or changes in access
may be the result of a modification in CPPR 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 CPPR of such
restrictions, Subscriber agrees to comply with such restrictions.
16. PRIVACY PRINCIPLES. With respect to personally identifiable information regarding consumers, the parties
further agree as follows: CPPR has adopted the "ChoicePoint Privacy Principles" ("Principles") recognizing the
importance of appropriate privacy protections for consumer data and Subscriber agrees that Subscriber (including
its directors, officers, employees or agents) will comply with the Principles or Subscriber's own comparable privacy
principles, policies, or practices. CPPR's Privacy Principles are available at w~~~~~~rivacyat~lici~z~oint,coni.
Subscriber shall implement and maintain reasonable security procedures and practices appropriate to the nature of
the information it receives from CPPR, to protect the personal information from unauthorized access, destruction,
use, modification or disclosure.
17. AUDIT. Subscriber understands and agrees that in order to ensure compliance with applicable law and CPPR
policies, CPPR will conduct periodic audits of Subscriber activity and may contact Subscriber to provide
documentation of executed searches. Also, certain Third Party vendors, such as departments of motor vehicles and
credit bureaus, may audit Subscriber directly or through CPPR. CPPR will also investigate all legitimate reports of
abuse or misuse of CPPR Services by Subscribers, and Subscriber agrees to cooperate fully with any and all audits
and/or investigations. Violations discovered in any review by CPPR 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.
18. TERM OF CONTRACT. This Agreement may be terminated by providing thirty (30) days written notice from either
party except for Sections 4, 12, 14, 17, 19 and 20 which survive any such termination.
19. LIABILITY/WARRANTY. NEITHER CPPR 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 CPPR'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 CPPR NOR ANY THIRD PARTY UNDERWRITES THAT RISK IN ANY MANNER WHATSOEVER. IF,
NOTWITHSTANDING THE FOREGOING, LIABILITY CAN BE IMPOSED ON CPPR OR A THIRD PARTY, THEN
SUBSCRIBER AGREES THAT CPPR'S AND/OR THIRD PARTIES' AGGREGATE LIABILITY FOR ANY AND ALL LOSSES OR
INJURIES ARISING OUT OF ANY ACT OR OMISSION OF CPPR 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 NEGLIGENCE) AND REGARDLESS OF THE NATURE OF THE LEGAL OR EQUITABLE RIGHT
CLAIMED TO HAVE BEEN VIOLATED, SHALL 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 WILL NOT SUE CPPR AND/OR THIRD PARTIES FOR AN AMOUNT GREATER THAN SUCH SUM
EVEN IF CPPR AND/OR THIRD PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND THAT IT
WILL NOT SEEK PUNITIVE DAMAGES IN ANY SUIT AGAINST CPPR AND/OR THIRD PARTIES, ALL IN
CONSIDERATION OF THE RECEIPT BY SUBSCRIBER OF SERVICES AT THE RATES CHARGED BY CPPR HEREUNDER,
WHICH ARE FAR LOWER THAN WOULD BE AVAILABLE TO SUBSCRIBER ABSENT THE WAIVERS AND DISCLAIMERS
Page 4 of 5
Account Number______ ___
ChoicePoint Service Agreement ~Feb •06~
CONTAINED HEREIN. CPPR AND THIRD PARTIES DO NOT MAKE AND HEREBY DISCLAIM ANY WARRANTY, EXPRESS
OR IMPLIED. CPPR AND/OR THIRD PARTIES DO NOT GUARANTEE OR WARRANT THE CORRECTNESS,
COMPLETENESS, CURRENTNESS, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE OF THE SERVICES
OR THE COMPONENTS THEREOF. IN NO EVENT SHALL CPPR OR THIRD PARTIES BE LIABLE FOR ANY DIRECT,
INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY SUBSCRIBER FROM RECEIPT OR
USE OF INFORMATION DELIVERED HEREUNDER, OR THE UNAVAILABILITY THEREOF.
20.INDEMNIFICATION. Subscriber hereby agrees to protect, indemnify, defend and hold harmless CPPR 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. Provisions hereof related to release of claims,
indemnification, use of information and Services, payment for Services and disclaimer of warranties shall survive
any termination of this Agreement.
21. 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 CPPR. Upon such
assignment: a) CPPR shall promptly advise Subscriber of such transfer; b) the transferee corporation shall expressly
agree to assume all obligations hereunder and; c) CPPR shall guarantee the performance of the
transferee/affiliate's obligations hereunder.
22. AGREEMENT ENTIRETY. This Agreement, as amended, sets forth the entire understanding and agreement
between CPPR and Subscriber regarding the subject matter herein and supersedes any prior or contemporaneous
oral or written agreements 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 CPPR shall make from time to time by notice to Subscriber via on-line click wrap
amendments or Subscriber bulletins. This Agreement shall be interpreted in accordance with the internal laws of
the State of Georgia.
APPROVAL AND SIGNATURE. I certify that I am authorized to execute this Agreement on behalf of the
company listed above. Further, I certify on behalf of such company, that the above statements are true
and correct and agree for the company to the terms and conditions set forth in the Agreement.
Signature:
Printed Name:
Title:
Date:
If I have elected to be credit card billed, I hereby authorize CPPR to bill this credit card for the charges incurred for
use of CPPR service. Additionally, I hereby agree that if the credit card company refuses to pay CPPR for such charges
incurred, the applicant shall be responsible for the payment of such charges. **Note, if credit card biiling elected,
the below signatory must be the credit card holder.
Credit Card Billing Signature:
Printed Name:
Title:
Date:
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