HomeMy WebLinkAbout2015-201 Agrmt - Open Online LLC
OPENONLINE
Terms of Service Agreement
The following terms and conditions govern the agreement between Ohio Professional Electronic Network Limited Liability Company ("OPEN"), and
Commercial Information Systems, Inc. ("CIS") (forpurposesofthisagreement OPEN and CIS shall collectively be known herein as "OPENONLINE"), and
the entity ("Customer") identified on the OPENONLINE Customer Application (the "Customer Application"), which is incorporated by reference herein.
The entire agreement consists of the Customer Application, the Statement of Work (SOW) attached as Exhibit A, and this document, the OPENONLINE
Terms of Service Agreement (collectively referred to as the "Agreement"), including any Exhibits, Addendums and Notices. By signing this
Agreement, OPENONLINE and Customer agree as follows:
1. SERVICES: OPENONLINE provides access to public record information, publicly available information, non-public information, document retrieval,
consumer credit, business credit, Consumer Reports (as defined by the Fair Credit Reporting Act), and other related services detailed in the SOW
(collectively, the "Services"). Customer hereby subscribes to the Services and agrees to pay OPENONLINE the applicable set up fee, implementation
fees, compliance program fees, rates and charges for all Services provided or ordered from OPENONLINE as detailed in the SOW plus any additional
rates and charges, plus any related charges for agency fees, ATS integration and transaction fee and document delivery charges.
2. CHARGES TO CUSTOMER: Customer agrees to pay for Services each calendar month, which shall include applicable set up fees and the
aggregate amount for Services as set forth on the current pricing list and in the SOW. For each response to a request for information, including
"no record found," Customer agrees to pay OPENONLINE the applicable fee then prevailing for Services rendered to Customer. Customer shall pay
OPENONLINE prices as updated from time to time through its electronic announcements and notifications, Customer bulletins, and published price
schedules which are by this reference, incorporated herein. OPENONLINE reserves the right to charge interest and/or late fees to Customer for unpaid
balances due beginning thirty (30) days from the date of any invoice for Services at the maximum rates permitted by law. OPENONLINE reserves the
right, at its sole discretion, to require Customer, at any time and for any reason, to provide Advance Credit Card authorization before providing the
Services. If the account goes to collection, Customer agrees to pay all collection expenses, including attorneys' fees and court costs. Customer agrees
that providing credit card information and submitting it electronically to OPENONLINE represents a legal authorization to debit the card for the orders
placed or for non-payment per the 15 day terms. Customer agrees that prices for services are subject to change without notice, although
OPENONLINE will make every reasonable effort to give notice of such change before it becomes effective. Any account that remains inactive for a
period of twelve (12) months will be deemed inactive and may be terminated by OPENONLINE.
3. CUSTOMER CERTIFICATIONS: Customer agrees and certifies to the following:
(a) Customer shall request and use the Services, where applicable, in strict compliance with the Fair Credit Reporting Act (the "FCRA"),
defined as 15 USC Sections 1681 et. seq., and any modifications or amendments adopted pursuant thereto.
(b) Customer shall use the Services and all reports related thereto, where applicable, in compliance with the Americans with Disabilities Act,
Title VII, the Drivers Privacy Protection Act ("DPPA"), the regulations of the Equal Employment Opportunity Commission ("EEOC") and all
applicable federal, state and local laws, regulations, orders and ordinances, including, but not limited to, state equal opportunity laws.
(c) If the Customer is using the Services to obtain Consumer Reports as defined by the FCRA, Customer shall certify in writing to OPENONLINE a
permissible purpose as defined by the FCRA and Customer will limit its purpose to the purpose identified in the Customer Application
unless modified by customer in writing and given to OPENONLINE. Customer shall notify OPENONLINE prior to changing its purpose of any
changes to the information on its Customer Application for Services and SOW, including, but not limited to, any changes in its permissible
purpose.
(d) If the Customer is using the Services to obtain Consumer Reports under the FCRA, Customer represents that it: (1) has reviewed the
notice prescribed by the FCRA ( E x h i b i t B ) titled "Notice to Users of Consumer Reports" (the "Notice"), (2) has received a copy of
the Notice from OPENONLINE, and (3) is in compliance with the Notice.
(e) Customer agrees to keep the information obtained through the Services confidential, for Customer's exclusive use only, and, except as
required by law, disclose the information from Consumer Reports only to the subject of the report, unless previously agreed to in writing by
OPENONLINE.
(f) Customer agrees to have reasonable procedures for the fair and equitable use of background information and to secure the confidentiality
of private information. Customer agrees to take precautionary measures to protect the security and dissemination of all consumer report or
investigative consumer report information including, for example, restricting terminal access, utilizing passwords to restrict access to
terminal devices, and securing access to, dissemination and destruction of electronic and hard copy reports.
(g) Customer acknowledges that OPENONLINE will not provide any nor release any medical information to Customer.
(h) Customer understands that OPENONLINE obtains the information reported in its information services from various third party sources "AS
IS", and therefore is providing the information to Customer "AS IS". Customer acknowledges that the information is obtained and managed
by sources that may be fallible, and that OPENONLINE cannot guarantee or insure the accuracy of reports or the information provided
therein.
(i) Customer assumes all responsibility for the final verification of the applicant or the subject's identity.
(j) Customer agrees that OPENONLINE and/or its suppliers retain all right, title and interest in and to the databases and any and all materials
contained therein (collectively, the "Proprietary Materials") used to provide Services under applicable contractual, copyright, and related
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com Page 1 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
laws. Customer shall use such Proprietary Materials consistent with such right, title and interest and notify OPENONLINE immediately of any
threatened or actual infringement thereof.
(k) Customer shall at no time represent that it is an authorized agent or representative of OPENONLINE.
(1) Customer shall not sell or otherwise distribute information received through or from OPENONLINE to any third party, unless required to do
so by law or with obtaining prior written permission from OPENONLINE. In addition, Customer will not request or use such information for
any purposes prohibited by law.
(m) Customer acknowledges that OPENONLINE does not provide legal advice or counsel. Customer is solely responsible for complying with
all local, state, and federal laws relating to the use of any information provided byOPENONLINE. Customer should consult with its legal
counsel for questions regarding its legal responsibilities.
(n) Customer certifies that it will use reference services such as SSN Verification, SSN Trace and ID Verification services for its own use and shall
hold any and all information obtained from use of the services in strict confidence. Customer shall not request, obtain or distribute SSN
Trace, SSN Verification and ID Verification information for any other purpose including, but not limited to, for the purpose of selling, leasing,
renting or otherwise providing information obtained under this agreement to any other party, whether alone or in conjunction with
customer's own data or otherwise in any service which is derived from the SSN Verification and ID Verification. Customer further certifies
that the services shall be requested by and disclosed only to customer's designated and authorized employees and that such employees
shall use services only for permissible purpose in the exercise of their official duties.
(o) Customer certifies that they follow requirements of 15CFR Part 1110 for access to the Limited Access Death Mater File, NTIS, U.S.
Department of Commerce. This includes Death Records Services and Identity Verification Services. Failure to comply may subject you to
penalties under 15CFR 1110.200 of $1,000 for each disclosure or use, up to a maximum of $250,000 in penalties per calendar year. Adverse
action should not be taken against any individual without further investigation to verify the death listed. SSA does not guarantee the
accuracy of the Limited Access Death Master File, NTIS, U.S. Department of Commerce, nor does the SSA have a death record for every
deceased person. Purposes for accessing are limited to fraud and legitimate business to verify identity, prevent identity fraud and verify a
death, such as someone receiving a benefit or payment is deceased or support of fulfillment of benefits to beneficiaries. OPENONLINE
recommends that Customer screen its applicants or employees at the county court-house or county level or statewide online system,
federal, and multi-state/nationwide database levels. Customer understands that if it chooses not to conduct searches at these levels,
OPENONLINE cannot be held responsible for any records that exist that are not included in the Customer's coverage requested. Customer
further understands that the multi-state/nationwide database report is offered in conjunction with a county-level verification of any records
found. Customer will bear any additional costs associated with verification of records.
(p) Customer hereby certifies that Moving Violation Reports and/or Driving Records (MVRs) shall only be ordered in strict compliance with the
Driver Privacy Protection Act ("DPPA", at 18 U.S.C. § 2721 et seq.) and any related state laws. Customer further certifies that no MVRs shall
be ordered without first obtaining the written consent of the consumer to obtain "driving records," evidence of which shall be transmitted
to OPENONLINE in the form of the consumer's signed release authorization form. Customer also certifies that if will use this information
only in the normal course of business to obtain lawful information relating to the holder of a commercial driver's license or to verify
information provided by an applicant or employee. Customer shall not transmit any data contained in the resulting MVR via the public
internet, electronic mail or any other unsecured means. Customer must use these records for its own employment screenings and resale of
this information is strictly prohibited.
4. CERTIFICATION FOR EMPLOYMENT PURPOSES:
Customer hereby expressly acknowledges and agrees that use of OPENONLINE for employment purposes is subject to the following
provisions:
(a) Customer shall make a clear and conspicuous disclosure to the applicant or employee, in writing and on a separate document consisting
solely of the disclosure that a consumer report or an investigative consumer report may be obtained for employment purposes.
(b) Customer shall obtain a proper written authorization, where applicable, from the individual who is the subject of a Consumer Report prior to
obtaining a Consumer Report. Customer will maintain copies of written authorizations for a minimum of seven (7) years from date of
inquiry.
(c) Prior to taking adverse action, Customer shall provide the subject with a copy of the Report and the proper notices required by the FCRA,
and any other applicable state or federal law, including, but not limited to, a statement that the consumer may dispute information in his or
her report, and a copy of the prescribed "Summary of Your Rights" as published by the FTC. Customer acknowledges the receipt of a copy of
the "Summary of Your Rights" from OPENONLINE, attached hereto as Exhibit C. Customer certifies it will wait a reasonable period of time
after providing the consumer with a copy of his or her report and Summary of Rights before it takes adverse action.
(d) Customer certifies it will comply with all Equal Employment laws and regulations.
(e) In addition to the disclosure requirements identified above, if the consumer makes a written request within a reasonable amount of time,
Customer will provide: (1) information about whether an investigative consumer report has been requested; (2) if an investigative consumer
report has been requested, written disclosure of the nature and scope of the investigation requested; and (3) OPENONLINE's contact
information, including complete address and toll-free telephone number. This information will be provided to the consumer no later than
five (5) days after the request for such disclosure was received from the consumer.
(f) Customer shall make employment decisions based on its own lawful policies and procedures, acknowledging that OPENONLINE does not
render any opinions or advice on information contained in any reports from the Services. OPENONLINE may provide sample applications,
criminal history questions or forms to Customer and/or Customer option (for an additional charge) for OPENONLINE to send out pre-adverse
and adverse action letters on Customer's behalf. Customer retains responsibility at all times for complying with applicable law related to
these items. All employment-related information collected and decisions made, including hiring, contracting and site-access decisions, are
made by the Customer, not by OPENONLINE. Customer shall assume sole responsibility for such decisions. Customer agrees to indemnify
and hold harmless OPENONLINE, its employees, owners, agents and representatives from and against any claims that may arise as a result of
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 2 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
customer's use of any Services. Customer should consult with legal counsel to develop a legally compliant adverse action policy.
5. WARRANTY OF CUSTOMER:
(a) Customer agrees to safeguard access to OPENONLINE. Customer agrees that the User Identifiers, Passwords and Computer Programs
provided by OPENONLINE are for its sole internal use and will not be provided to other parties. Customer further agrees that it will maintain
effective internal controls of its User Identifiers and Passwords.
(b) If any information or data provided or sold to Customer is subsequently considered confidential or sealed for any reason by any federal,
state or local public agency or entity (hereinafter the "Confidential Information"), Customer upon receiving notice of such Confidential
Information from OPENONLINE shall not sell, disseminate or otherwise further transfer the Confidential Information to any third party,
and Customer shall immediately upon receipt of such notice delete and/or destroy any and all such Confidential Information from all of
Customer's systems and files.
(c) Customer represents, warrants and covenants to OPENONLINE that it is not in the business of providing any of the Services, including,
licensing, selling, or creating for its customers consumer reports, background screening or online data retrieval services. During the term of
this Agreement and for a two (2) year period following the date of termination of this Agreement, for any reason whatsoever, Customer
agrees:
(1) To not, directly or indirectly, own, manage, operate, finance, consult with, provide services to, or otherwise engage or participate in, or
have a financial interest in a Competing Business. A "Competing Business" shall mean, any person, firm, entity, partnership, limited
liability company, corporation or other organization which engages in the delivery of any services similar to the Services available from
OPENONLINE anywhere in North America; and
(2) To not, directly, or indirectly, (a) induce or attempt to induce, solicit or attempt to solicit, contract with or accept business from any
"OPENONLINE Customer" for the providing of services which are the same as, or similar to, or otherwise competitive with, the
services which OPENONLINE renders or provides; (b) advise, induce or persuade any person or business not to do business with
OPENONLINE or to cancel or fail to renew any contract with OPENONLINE; (c) employ, retain, contract with or interfere with any
employees of OPENONLINE with respect to the work performed by such employee for, or on behalf of, OPENONLINE; (d) solicit, induce,
persuade, or advise any employees or personnel of OPENONLINE to terminate any relationship with OPENONLINE; or (e) obtain any type
of financial interest in any business entity which engages in any of the foregoing. "OPENONLINE Customer" for purposes of this Section
5(c) means (i) during the term of this Agreement: (1) any person or business entity which has contracted with OPENONLINE for
OPENONLINE to provide its services, and (2) any person or business entity to which OPENONLINE has submitted a written proposal for
OPENONLINE to provide its services; or (ii) after the term of this Agreement: (1) any person or business entity which has contracted with
OPENONLINE for OPENONLINE to provide its services, and (ii) and person or business entity to which OPENONLINE has submitted a
written proposal within twelve (12) months prior to the termination of this Agreement for OPENONLINE to provide its services.
(3) (i) Customer acknowledges and agrees that a breach of any term of this Section 5(c) by Customer will result in irreparable harm
to OPENONLINE and that money damages, in and of themselves, are not adequate relief. The Customer further acknowledges and
agrees that injunctive relief is the only appropriate and proper type of relief to prevent irreparable harm for a breach of any term of
Section 5(c). The Customer agrees that in the event of a breach of Section 5(c), or in the event that such breach appears to be
imminent, OPENONLINE shall be entitled to obtain a temporary restraining order or preliminary injunction without notice. In addition,
OPENONLINE may seek all other legal and equitable remedies afforded it by law as a result of a breach of Section 5(c), including, but
not limited to, permanent injunctions, money damages and reimbursement of all expenses, reasonable costs and attorneys' fees
incurred by it in seeking any such remedy. Further, the Customer agrees to waive any requirement for security or posting of any bond in
connection with any such remedy.
(ii) The Customer agrees that all actions or proceedings for injunctive relief pursuant to this Section 5(c) shall be litigated in courts
having sites within Franklin County, State of Ohio. The Customer hereby consents and submits to the jurisdiction of any local, state
or federal court located within said county and state. The Customer hereby waives any right it may have to transfer or change the
venue of any litigation brought against such Customer by OPENONLINE in accordance with this Section 5(c).
(iii) If any court or tribunal of competent jurisdiction shall refuse to enforce the covenants set forth in Section 3(c) because the time
limitation, scope of the business, or geographic scope applicable thereto is deemed unreasonable, it is expressly understood and
agreed that such covenant shall not be void but that for the purpose of such proceedings such time limitations, scope of business
or geographic scope shall only be reduced to the extent necessary to permit the enforcement of such covenant.
(4) This Section 5(c) shall not applyto any Customer approved by OPENONLINE as a Reseller.
6. AVAILABILITY OF ADDITIONAL PRODUCTS: OPENONLINE will from time to time make available to customer other products and services made
generally available by OPENONLINE to users of the services, on such terms and conditions as OPENONLINE deems appropriate. Customer
acknowledges that customer may be required, as a condition precedent to the use of such additional products and services, to enter into additional
agreements with OPENONLINE or third parties with respect to such products and services. From time to time, customer may be linked to
OPENONLINE's website from a third party's website, OPENONLINE's website may provide links to other web sites or resources. Customer agrees
that OPENONLINE has no control over such other websites or resources and that OPENONLINE is not responsible for them. Customer also agrees that
OPENONLINE is not responsible for any content, advertising, products or other material on or available from such other websites or resources. If
customer acquires goods or services from a third party, whether or not the goods or services are used as part of or found through the services or
OPENONLINE's website, customer agrees that customer's business dealings with that third party are solely between customer and that third party.
OPENONLINE disclaims and customer hereby releases OPENONLINE from any liability for any reason connected with such third party or the goods or
services acquired, including, without limitation, complaints or failure to perform, defects in goods or services or otherwise.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com Page 3 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
7. DISCONTINUATION OF PRODUCTS: OPENONLINE reserves the right to discontinue any product or Service offered as of the effective date of this
Agreement or at anytime thereafter at OPENONLINE's sole discretion and determination.
8. SUPPLIER CONDITIONS: customer acknowledges that access to and use of the services may be subject to restrictions imposed by suppliers,
including without limitation all content providers, and further that OPENONLINE's agreements with such suppliers may require OPENONLINE to
deny or otherwise restrict customer's access to certain information available through the services. Customer agrees to comply with all such
restrictions of which customer receives notice, whether such notice is provided in writing, online or via other electronic notification, and such
restrictions are incorporated herein by reference. In the event of any conflict between this agreement and the terms and conditions imposed by
suppliers, then the suppliers terms and conditions shall supersede and control. Customer agrees to respect and comply with all copyright notices
applicable to the databases and other services and products relating to the services.
9. DISCLAIMER OF WARRANTIES:
(a) Customer acknowledges that neither OPENONLINE nor any supplier has made any representations or warranties regarding the
performance of the services or the accuracy of any indexing, data entry or any information included in the services.
(b) OPENONLINE or any supplier personnel rendering advice to customer regarding the development (including, without limitation, wording,
spacing, form and completeness) of any search requests or rendering statements to the customer about the accuracy or completeness of the
services, are not authorized to make any representations or warranties to customer regarding the accuracy or adequacy of such requests,
and customer hereby assumes full responsibility for the formation and results of all search requests.
(c) Customer acknowledges that neither OPENONLINE nor any supplier warrants or guarantees (either expressly or by implication) the
timeliness, currentness, accuracy, completeness, merchantability or fitness for any particular purpose of the information or services
provided, and OPENONLINE and any supplier specifically disclaim all such warranties. All information provided by OPENONLINE is for
information purposes only.
(d) Customer acknowledges that every business decision involves the assumption of risk and that neither OPENONLINE nor any supplier, in
furnishing the information and services to the customer, does or will underwrite that risk in any manner whatsoever. The customer
therefore agrees that neither OPENONLINE nor any supplier will be liable for any loss, damage or injury caused in whole or in part by
OPENONLINE's or the supplier's negligence in procuring, compiling, collecting, interpreting, reporting, communicating or delivering the
information and services.
10. CUSTOMER REMEDIES AND OPENONLINE'S LIABILITIES:
11. OPENONLINE shall exercise reasonable efforts to furnish to the Customer accurate information. Both OPENONLINE and Customer hereby agree
that the limitation of OPENONLINE's total liability to Customer under this Agreement shall be the return ofthefees paid byCustomerto OPENONLINE for
the data accessed to the extent said data and information furnished by OPENONLINE is found to be the primary basis upon which the Customer
incurred any injury or damage. Customer acknowledges that all data and information provided and/or sold to Customer under this Agreement is
purchased "AS IS".
In no event shall OPENONLINE or any of its suppliers be liable for (i) any damages whatsoever, including compensatory statutory, punitive,
special, incidental, exemplary or consequential damages, (ii) without limitation, damages to other goods or equipment, lost profits, downtime costs,
labor costs, overhead costs or claims of customers or clients of customer for such costs, or (iii) any other costs or expenses except as expressly agreed
to herein.
12. INDEMNIFICATION:
flt l ?managers, will indemnify, defend and hold harmless OPENONLINE, and its suppliers, and their respective officers, directors, members,
,s,,w, managers, shareholders, independent contractors, employees, affiliates, representatives, agents, successors and permitted assigns from and
Q x t " against any and all, direct or indirect, losses, claims, damages, demands, expenses (including attorneys' fees) or liabilities of whatever nature
or kind, arising out of, based upon or resulting from (i) Customer's access to the Services, (ii) Customer's use, publication, disclosure or
0Ctf1A S distribution of any information or the additional products, (iii) any breach of any representation or warranty of Customer which is contained
in or made pursuant to this Agreement, and (iv) any breach or non-fulfillment by Customer of any of its agreements or other obligations
~k contained in or made pursuant to this Agreement, except for claims expressly covered by the reimbursement provisions provided in Section
ply p0 10 hereof.
(b) OPENONLINE will indemnify, defend and hold harmless Customer, and its officers, directors, employees, affiliates, representatives, and
agents, from and against any claim that the Services provided to Customer infringe upon a United States copyright, patent or trade secret;
provide customer immediately notifies OPENONLINE in writing of the existence of any such claim; permits OPENONLINE to assume the
defense of such claim; and cooperates with any reasonable requests of OPENONLINE in connection with such defense, and provided further,
that the indemnity given herein shall not apply if Customer resells or distributes information to third parties.
13. GENERAL CONDITIONS:
(a) This Agreement shall be governed and construed according to the laws of the State of Ohio without reference to its choice of law rules and
may not be assigned by Customer in whole or in part without the prior written consent of OPENONLINE. Any suit brought to enforce or
otherwise related to this Agreement shall be brought in a court situated in Franklin County, Ohio. The parties hereby subject themselves to
the personal jurisdiction of Franklin County, Ohio in all suits or other enforcement actions arising out of or related to this Agreement.
(b) Notices required or permitted under this Agreement may be posted on the OPENONLINE website. Customers will be notified of any changes
to the price or content of Services via the email address provided by the Customer, customer bulletins, fax broadcast or other such
means as OPENONLINE determines, in its sole discretion, to be appropriate.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 4 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
(.c) Failure by either party to insist, in any one or more cases, upon the strict performance of any of the terms and conditions of this
Agreement shall not be considered a waiver or relinquishment of the right to insist upon strict performance of any such term or
condition or any other term or condition in the future.
(d) Violations by Customer of state or federal laws, or OPENONLINE's or its suppliers' established policies or procedures, may result in immediate
termination of access to the Services in OPENONLINE's sole discretion.
(e) Customer agrees that it will not use the tradename or trademark "OPENONLINE", "OPENONLINE.com", "OPEN", "Online Professional
Electronic Network", "CIS", "Commercial Information Systems, Inc.", "PublicQuest" or SelectHire° unless authorized by OPENONLINE in
writing by an authorized representative of OPENONLINE.
14. TERM OF AGREEMENT; EFFECTS OF TERMINATION:
(a) It is understood that this Agreement shall be for three (3) years and shall renew automatically for successive periods of one (1) year unless
terminated as set forth below.
(b) (i) OPENONLINE shall have the immediate right to terminate this Agreement without Customer's right to cure in the event Customer fails to
comply with its payment obligations under Section 2 of this Agreement;
(ii) OPENONLINE shall have the right to terminate this Agreement in the event Customer fails to cure any material breach of its
obligations under this Agreement within fifteen (15) days of Customer's receipt of such notice; or
(iii) OPENONLINE shall have the right to terminate this Agreement upon thirty (30) days prior written notice to Customer.
(c) (i) Customer shall have right to terminate this Agreement in the event OPENONLINE fails to cure any material breach of its obligations under
this Agreement within fifteen (15) days of OPENONLINE's receipt of such notice, or (ii) upon thirty (30) days prior written notice to
OPENONLINE.
(d) Termination of this Agreement by either party does not release Customer from its obligation to pay for services rendered.
15. HEADINGS: Paragraph headings are for convenience only and shall in no way modify or affect the intent of any provision or be given any legal
effect. This Agreement shall be effective upon the date of execution by both parties.
16. SEVERABILITY: In case any one or more of the provisions contained in this Agreement is held to be invalid, illegal, or unenforceable in any respect
for any reason, such invalidity, illegality, or unenforceability shall not affect any other provisions hereof. It is the intention of the parties that if any
provision is held to be invalid, illegal, or unenforceable, there shall be added in lieu thereof a valid and enforceable provision as similar in terms to such
provision as is possible.
17. EXPENSES: Each party shall be obligated to pay its own legal, accounting, investment banking and other fees and expenses incurred with respect to
this Agreement and the transactions contemplated herein, except as it relates to the indemnification provisions herein.
18. BINDING EFFECT: This Agreement shall be binding upon the heirs and successors of the respective parties hereto.
19. PARTIES IN INTEREST: Nothing in this Agreement, whether express or implied, is intended to confer any rights or remedies under or by reason of
this Agreement on any persons other than the parties hereto and their respective heirs, successors and permitted assigns, nor is anything in this
Agreement intended to relieve or discharge the obligation or liability of any third persons to any party to this Agreement, nor shall any provision give
any third party any right of subrogation over or action against any party to this Agreement.
20. COUNTERPARTS AND/OR FACSIMILE SIGNATURES: This Agreement may be executed in two or more counterparts including counterparts
transmitted by telecopier or facsimile, each of which shall be deemed an original, but all of which together shall constitute one and the same
instrument. When counterparts of facsimile copies have been executed by the parties, they shall have the same effect as if the signatures to each
counterpart or copy were upon the same document and copies of such documents shall be deemed valid as originals.
21. ENTIRE AGREEMENT: The terms and conditions set forth in this Agreement constitute the entire agreement of the parties on the subject
matter hereof, and any additional or different terms or conditions set forth in any other document, including without limitation any Customer
purchase order, shall be of no effect, except as provided for herein.
22. INDEPENDENT CONTRACTOR: Neither party is an affiliate of the other, neither party shall have the authority to act for or bind the other and
neither shall make any representation that would indicate an apparent agency, employment, partnership orjoint venture relationship.
23. FORCE MAJEURE: End-User agrees that OPENONLINE is not responsible for any events or circumstances beyond its control (e.g., including but not
limited to war, riots, embargoes, strikes and/or Acts of God) that prevent OPENONLINE from meeting its obligations under this Agreement.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 5 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
In witness whereof, the parties have executed this Agreement effective as of the latest date set forth below adjacent
to their respective names.
Company City of Ashland - Police Department Date
Signature ` APPROVED AS TO FORM ILA 4
Printed Name Lynne Merrifield
Ashland Asst. City Attomey
Title Administrative Analyst Dat 07 6 Zol5
Signature
Printed Name
Title
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com Page 6 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
Exhibit A
Statement of Work Form
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 7 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
All users of consumer reports must comply with all applicable regulations, including regulations promulgated after this notice was first prescrib E in,20 4. B
Information about applicable regulations currently in effect can be found at the Consumer Financial Protection Bureau's website,
www.consumerfinance.gov/lea rn more.
NOTICE TO USERS OF CONSUMER REPORTS:
OBLIGATIONS OF USERS UNDER THE FCRA
The Fair Credit Reporting Act (FCRA), 15 U.S.C. §1681-1681y, requires that this notice be provided to inform users of consumer reports of their legal obligations. State
law may impose additional requirements. The text of the FCRA is set forth in full at the Bureau of Consumer Financial Protection's website at
www.consumerfinance.gov/learnmore. At the end of this document is a list of United States Code citations for the FCRA. Other information about user duties is also
available at the Bureau's website. Users must consult the relevant provisions of the FCRA for details about their obligations under the FCRA.
The first section of this summary sets forth the responsibilities imposed by the FCRA on all users of consumer reports. The subsequent sections discuss the duties of
users of reports that contain specific types of information, or that are used for certain purposes, and the legal consequences of violations. If you are a furnisher of
information to a consumer reporting agency (CRA), you have additional obligations and will receive a separate notice from the CRA describing your duties as a
furnisher.
1. OBLIGATIONS OF ALL USERS OF CONSUMER REPORTS
A. Users Must Have a Permissible Purgow
Congress has limited the use of consumer reports to protect consumers' privacy. All users must have a permissible purpose under the FCRA to obtain a consumer
report. Section 604 contains a list of the permissible purposes under the law. These are:
• As ordered by a court or a federal grand jury subpoena. Section 604(a)(1)
• As instructed by the consumer in writing. Section 604(a)(2)
• For the extension of credit as a result of an application from a consumer, or the review or collection of a consumer's account. Section 604(a)(3)(A)
• For employment purposes, including hiring and promotion decisions, where the consumer has given written permission. Sections 604(a)(3)(B) and 604(b)
• For the underwriting of insurance as a result of an application from a consumer. Section 604(a)(3)(C)
• When there is a legitimate business need, in connection with a business transaction that is initiated by the consumer. Section 604(a)(3)(F)(1
• To review a consumer's account to determine whether the consumer continues to meet the terms of the account. Section 604(a)(3)(F)(ii)
• To determine a consumer's eligibility for a license or other benefit granted by a governmental instrumentality required by law to consider an applicant's
financial responsibility or status. Section 604(a)(3)(D)
• For use by a potential investor or servicer, or current insurer, in a valuation or assessment of the credit or prepayment risks associated with an existing credit
obligation. Section 604(a)(3)(E)
• For use by state and local officials in connection with the determination of child support payments, or modifications and enforcement thereof. Sections
604(a)(4) and 604(a)(5)
In addition, creditors and insurers may obtain certain consumer report information for the purpose of making "prescreened" unsolicited offers of credit or
insurance. Section 604(c). The particular obligations of users of "prescreened" information are described in Section VII below.
B. Users Must Provide Certifications
Section 604(f) prohibits any person from obtaining a consumer report from a consumer reporting agency (CRA) unless the person has certified to the CRA the
permissible purpose(s) for which the report is being obtained and certifies that the report will not be used for any other purpose.
C. Users Must Notify Consumers When Adverse Actions Are Taken
The term "adverse action" is defined very broadly by Section 603. "Adverse actions" include all business, credit, and employment actions affecting consumers that can
be considered to have a negative impact as defined by Section 603(k) of the FCRA - such as denying or canceling credit or insurance, or denying employment or
promotion. No adverse action occurs in a credit transaction where the creditor makes a counteroffer that is accepted by the consumer.
1. Adverse Actions Based on Information Obtained From a CRA
If a user takes any type of adverse action as defined by the FCRA that is based at least in part on information contained in a consumer report, Section 615(a) requires
the user to notify the consumer. The notification may be done in writing, orally, or by electronic means. It must include the following:
• The name, address, and telephone number of the CRA (including a toll-free telephone number, if it is a nationwide CRA) that provided the report.
• A statement that the CRA did not make the adverse decision and is not able to explain why the decision was made.
• A statement setting forth the consumer's right to obtain a free disclosure of the consumer's file from the CRA if the consumer makes a request within 60
days.
• A statement setting forth the consumer's right to dispute directly with the CRA the accuracy or completeness of any information provided by the CRA.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204 Page 8 of 13
2. Adverse Actions Based on Information Obtained From Third Parties Who Are Not Consumer Reporting Agencies
If a person denies (or increases the charge for) credit for personal, family, or household purposes based either wholly or partly upon information from a person
other than a CRA, and the information is the type of consumer information covered by the FCRA, Section 615(b)(1) requires that the user clearly and accurately
disclose to the consumer his or her right to be told the nature of the information that was relied upon if the consumer makes a written request within 60 days of
notification. The user must provide the disclosure within a reasonable period of time following the consumer's written request.
3. Adverse Actions Based on Information Obtained From Affiliates
If a person takes an adverse action involving insurance, employment, or a credit transaction initiated by the consumer, based on information of the type covered by
the FCRA, and this information was obtained from an entity affiliated with the user of the information by common ownership or control, Section 615(b)(2) requires the
user to notify the consumer of the adverse action. The notice must inform the consumer that he or she may obtain a disclosure of the nature of the information relied
upon by making a written request within 60 days of receiving the adverse action notice. If the consumer makes such a request, the user must disclose the nature of
the information not later than 30 days after receiving the request. If consumer report information is shared among affiliates and then used for an adverse action, the
user must make an adverse action disclosure as set forth in I.C.1 above.
D. Users Have Obligations When Fraud and Active Duty Military Alerts are in Files
When a consumer has placed a fraud alert, including one relating to identify theft, or an active duty military alert with a nationwide consumer reporting agency as
defined in Section 603(p) and resellers, Section 605A(h) imposes limitations on users of reports obtained from the consumer reporting agency in certain circumstances,
including the establishment of a new credit plan and the issuance of additional credit cards. For initial fraud alerts and active duty alerts, the user must have reasonable
policies and procedures in place to form a belief that the user knows the identity of the applicant or contact the consumer at a telephone number specified by the
consumer; in the case of extended fraud alerts, the user must contact the consumer in accordance with the contact information provided in
the consumer's alert.
E. Users Have Obligations When Notified of an Address Discrepancy
Section 605(h) requires nationwide CRAB, as defined in Section 603(p), to notify users that request reports when the address for a consumer provided by the user in
requesting the report is substantially different from the addresses in the consumer's file. When this occurs, users must comply with regulations specifying the
procedures to be followed, which will be issued by the Consumer Financial Protection Bureau and the banking and credit union regulators.
The Consumer Financial Protection Bureau regulations will be available at www.consumerfinance.gov/learnmore/.
F. Users Have Obligations When Disposing of Records
Section 628 requires that all users of consumer report information have in place procedures to properly dispose of records containing this information. The Consumer
Financial Protection Bureau, the Securities and Exchange Commission, and the banking and credit union regulators have issued regulations covering disposal. The
Consumer Financial Protection Bureau regulations may be found at www.consumerfinance gov/learn more/.
II. CREDITORS MUST MAKE ADDITIONAL DISCLOSURES
If a person uses a consumer report in connection with an application for, or a grant, extension, or provision of, credit to a consumer on material terms that are
materially less favorable than the most favorable terms available to a substantial proportion of consumers from or through that person, based in whole or in part on a
consumer report, the person must provide a risk-based pricing notice to the consumer in accordance with regulations prescribed by the Consumer Financial Protection
Bureau.
Section 609(g) requires a disclosure by all persons that make or arrange loans secured by residential real property (one to four units) and that use credit scores. These
persons must provide credit scores and other information about credit scores to applicants, including the disclosure set forth in Section 609(g)(1)(D) ("Notice to the
Home Loan Applicant").
III. OBLIGATIONS OF USERS WHEN CONSUMER REPORTS ARE OBTAINED FOR EMPLOYMENT PURPOSES
A. Employment Other Than in the Trucking Industry
If the information from a CRA is used for employment purposes, the user has specific duties, which are set forth in Section 604(b) of the FCRA. The user must:
• Make a clear and conspicuous written disclosure to the consumer before the report is obtained, in a document that consists solely of the disclosure, that
a consumer report may be obtained.
• Obtain from the consumer prior written authorization. Authorization to access reports during the term of employment may be obtained at the time of
employment.
• Certify to the CRA that the above steps have been followed, that the information being obtained will not be used in violation of any federal or state equal
opportunity law or regulation, and that, if any adverse action is to be taken based on the consumer report, a copy of the report and a summary of the
consumer's rights will be provided to the consumer.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 9 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
• Before taking an adverse action, the user must provide a copy of the report to the consumer as well as the summary of consumer's rights (The user
should receive this summary from the CRA.) A Section 615(a) adverse action notice should be sent after the adverse action is taken.
An adverse action notice also is required in employment situations if credit information (other than transactions and experience data) obtained from an affiliate is
used to deny employment. Section 615(b)(2).
The procedures for investigative consumer reports and employee misconduct investigations are set forth below.
B. Employment in the Trucking Industry
Special rules apply for truck drivers where the only interaction between the consumer and the potential employer is by mail, telephone, or computer. In this case, the
consumer may provide consent orally or electronically, and an adverse action may be made orally, in writing, or electronically. The consumer may obtain a copy of
any report relied upon by the trucking company by contacting the company.
IV. OBLIGATIONS WHEN INVESTIGATIVE CONSUMER REPORTS ARE USED
Investigative consumer reports are a special type of consumer report in which information about a consumer's character, general reputation, personal characteristics,
and mode of living is obtained through personal interviews by an entity or person that is a consumer reporting agency. Consumers who are the subjects of such reports
are given special rights under the FCRA. If a user intends to obtain an investigative consumer report, Section 606 requires the following:
• The user must disclose to the consumer that an investigative consumer report may be obtained. This must be done in a written disclosure that is mailed, or
otherwise delivered, to the consumer at some time before or not later than three days after the date on which the report was first requested. The disclosure
must include a statement informing the consumer of his or her right to request additional disclosures of the nature and scope of the investigation as
described below, and the summary of consumer rights required by Section 609 of the FCRA. (The summary of consumer rights will be provided by the CRA
that conducts the investigation.)
• The user must certify to the CRA that the disclosures set forth above have been made and that the user will make the disclosure described below.
• Upon the written request of a consumer made within a reasonable period of time after the disclosures required above, the user must make a complete
disclosure of the nature and scope of the investigation. This must be made in a written statement that is mailed or otherwise delivered, to the consumer no
later than five days after the date on which the request was received from the consumer or the report was first requested, whichever is later in time.
V. SPECIAL PROCEDURES FOR EMPLOYEE INVESTIGATIONS
Section 603(x) provides special procedures for investigations of suspected misconduct by an employee or for compliance with Federal, state or local laws and
regulations or the rules of a self-regulatory organization, and compliance with written policies of the employer. These investigations are not treated as consumer
reports so long as the employer or its agent complies with the procedures set forth in Section 603(x), and a summary describing the nature and scope of the inquiry is
made to the employee if an adverse action is taken based on the investigation.
VI. OBLIGATIONS OF USERS OF MEDICAL INFORMATION
Section 604(g) limits the use of medical information obtained from consumer reporting agencies (other than payment information that appears in a coded form that
does not identify the medical provider). If the information is to be used for an insurance transaction, the consumer must give consent to the user of the report or the
information must be coded. If the report is to be used for employment purposes - or in connection with a credit transaction (except as provided in regulations issued by
the banking and credit union regulators) - the consumer must provide specific written consent and the medical information must be relevant. Any user who receives
medical information shall not disclose the information to any other person (except where necessary to carry out the purpose for which the information was disclosed,
or a permitted by statute, regulation, or order).
VII. OBLIGATIONS OF USERS OF "PRESCREENED" LISTS
The FCRA permits creditors and insurers to obtain limited consumer report information for use in connection with unsolicited offers of credit or insurance under
certain circumstances. Sections 603(1), 604(c), 604(e), and 614(d). This practice is known as "prescreening" and typically involves obtaining a list of consumers from a
CRA who meet certain pre-established criteria. If any person intends to use prescreened lists, that person must (1) before the offer is made, establish the criteria that
will be relied upon to make the offer and grant credit or insurance, and (2) maintain such criteria on file for a three-year period beginning on the date on which the
offer is made to each consumer. In addition, any user must provide with each written solicitation a clear and conspicuous statement that:
• Information contained in a consumer's CRA file was used in connection with the transaction.
• The consumer received the offer because he or she satisfied the criteria for credit worthiness or insurability used to screen for the offer.
• Credit or insurance may not be extended if, after the consumer responds, it is determined that the consumer does not meet the criteria used for screening
or any applicable criteria bearing on credit worthiness or insurability, or the consumer does not furnish required collateral.
• The consumer may prohibit the use of information in his or her file in connection with future prescreened offers of credit or insurance by contacting the
notification system established by the CRA that provided the report. The statement must include the address and toll-free telephone number of the
appropriate notification system.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com Page 10 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
In addition, the Consumer Financial Protection Bureau has established the format, type size, and manner of the disclosure required by Section 615(d), with
which users must comply. The regulation is 12 CFR 1022.54.
VIII. OBLIGATIONS OF RESELLERS
A. Disclosure and Certification Requirements
Section 607(e) requires any person who obtains a consumer report for resale to take the following steps:
• Disclose the identity of the end-user to the source CRA.
• Identify to the source CRA each permissible purpose for which the report will be furnished to the end-user.
• Establish and follow reasonable procedures to ensure that reports are resold only for permissible purposes, including procedures to obtain:
1. the identify of all end-users;
2. certifications from all users of each purpose for which reports will be used; and
3. certifications that reports will not be used for any purpose other than the purpose(s) specified to the reseller. Resellers must make reasonable
efforts to verify this information before selling the report.
B. Reinvestigations by Resellers
Under Section 611(f), if a consumer disputes the accuracy or completeness of information in a report prepared by a reseller, the reseller must determine whether this
is a result of an action or omission on its part and, if so, correct or delete the information. If not, the reseller must send the dispute to the source CRA for
reinvestigation. When any CRA notifies the reseller of the results of an investigation, the reseller must immediately convey the information to the consumer.
C. Fraud Alerts and Resellers
Section 605A(f) requires resellers who receive fraud alerts or active duty alerts from another consumer reporting agency to include these in their reports.
IX. LIABILITY FOR VIOLATIONS OF THE FCRA
Failure to comply with the FCRA can result in state government or federal government enforcement actions, as well as private lawsuits. Sections 616, 617 and 621. In
addition, any person who knowingly and willfully obtains a consumer report under false pretenses may face criminal prosecution. Section 619.
The Consumer Financial Protection Bureau website www.consumerfinance.gov/learnmore has more information about the FCRA.
Citations for FCRA sections in the U.S. Code, 15 U.S.C. § 1618 et seq.:
Section 602 15 U.S.C. 1681
Section 603 Section 615 15 U.S.C. 1681m
15 U.S.C. 1681a Section 616
Section 604 15 U.S.C. 1681b 15 U.S.C. 16810
Section 605 Section 617 15 U.S.C. 16810
15 U.S.C. 1681c Section 618
Section 605A 15 U.S.C. 1681c-1 15 U.S.C. 1681p
Section 6058 Section 619 15 U.S.C. 1681q
15 U.S.C. 1681c-2 Section 620
Section 606 15 U.S.C. 1681d 15 U.S.C. 1681s
Section 607 Section 621 15 U.S.C. 1681s
15 U.S.C. 1681e Section 622
Section 608 15 U.S.C. 1681f 15 U.S.C. 1681s-1
Section 609 Section 623 15 U.S.C. 1681s-2
15 U.S.C. 16818 Section 624
Section 610 15 U.S.C. 1681h 15 U.S.C. 1681t
Section 611 Section 625 15 U.S.C. 1681u
15 U.S.C. 1681i Section 626
Section 612 15 U.S.C. 1681v
15 U.S.C. 1681j Section 627
Section 613 15 U.S.C. 1681k 5 U.S.C. 1681w
Section 614 Section 628 15 U.S.C. 1681x
15 U.S.C. 16811 Section 629
15 U.S.C. 1681y
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 compliance@openonline.com
Page 11 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
Exhibit C
Para information en espanol, visite www.consumerfinance qov/learnmore o escribe a la Consumer Financial Protection Bureau, 1700 G Street N. W.,
Washington, DC20552.
A SUMMARY OF YOUR RIGHTS UNDER THE FAIR CREDIT REPORTING ACT
The federal Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many
types of consumer reporting agencies, including credit bureaus and specialty agencies (such as agencies that sell information about check writing histories, medical
records, and rental history records). Here is a summary of your major rights under the FCRA. For more information, including information about additional rights, go
to www.consumerfinance Qov/learnmore or write to: Consumer Financial Protection Bureau, 1700 G Street N.W., Washington, DC 20552.
• You must be told if information in your file has been used against you. Anyone who uses a credit report or another type of consumer report to deny your
application for credit, insurance, or employment - or to take another adverse action against you - must tell you, and must give you the name, address, and
phone number of the agency that provided the information.
• You have the right to know what is in your file. You may request and obtain all the information about you in the files of a consumer reporting agency (your
"file disclosure"). You will be required to provide proper identification, which may include your Social Security number. In many cases, the disclosure will be
free. You are entitled to a free file disclosure if:
• a person has taken adverse action against you because of information in your credit report;
you are the victim of identity theft and place a fraud alert in your file;
your file contains inaccurate information as a result of fraud,
you are on public assistance;
• you are unemployed but expect to apply for employment within 60 days.
In addition, all consumers are entitled to one free disclosure every 12 months upon request from each nationwide credit bureau and from nationwide
specialty consumer reporting agencies. See www.consumerfinance.gov/learnmore for additional information.
• You have the right to ask for a credit score. Credit scores are numerical summaries of your credit-worthiness based on information from
credit bureaus. You may request a credit score from consumer reporting agencies that create scores or distribute scores used in residential real
property loans, but you will have to pay for it. In some mortgage transactions, you will receive credit score information for free from the mortgage
lender.
• You have the right to dispute incomplete or inaccurate information. If you identify information in your file that is incomplete or inaccurate,
and report it to the consumer reporting agency, the agency must investigate unless your dispute is frivolous. See
www.consumerfinance.gov/learnmore for an explanation of dispute procedures.
• Consumer reporting agencies must correct or delete inaccurate, incomplete, or unverifiable information. Inaccurate, incomplete or
unverifiable information must be removed or corrected, usually within 30 days. However, a consumer reporting agency may continue to report
information it has verified as accurate.
• Consumer reporting agencies may not report outdated negative information. In most cases, a consumer reporting agency may not report
negative information that is more than seven years old, or bankruptcies that are more than 10 years old.
• Access to your file is limited. A consumer reporting agency may provide information about you only to people with a valid need - usually to
consider an application with a creditor, insurer, employer, landlord, or other business. The FCRA specifies those with a valid need for access.
• You must give your consent for reports to be provided to employers. A consumer reporting agency may not give out information about you
to your employer, or a potential employer, without your written consent given to the employer. Written consent generally is not required in the
trucking industry. For more information, go to www.consumerfinance qov/learnmore.
• You may limit "prescreened" offers of credit and insurance you get based on information in your credit report. Unsolicited
"prescreened" offers for credit and insurance must include a toll-free phone number you can call if you choose to remove your name and
address from the lists these offers are based on. You may opt-out with the nationwide credit bureaus at 1-888-5678688.
• You may seek damages from violators. If a consumer reporting agency, or, in some cases, a user of consumer reports or a furnisher of
information to a consumer reporting agency violates the FCRA, you may be able to sue in state or federal court.
• Identity theft victims and active duty military personnel have additional rights. For more information, visit
www.consumerfinance.gov/learnmore.
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 1 compliance@openonline.com
Page 12 of 13
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204
States may enforce the FCRA, and many states have their own consumer reporting laws. In some cases, you may have more rights under state
law. For more information, contact your state or local consumer protection agency or your state Attorney General. For information about your
federal rights,
TYPE OF BUSINESS:
CONTACT:
1.a. Banks, savings associations, and credit unions with total assets of a. Bureau of Consumer Financial Protection
over $10 billion and their affiliates. 1700 G Street NW
Washington, DC 20552
b. Such affiliates that are not banks, savings associations, or credit
unions also should list, in addition to the Bureau: b. Federal Trade Commission: Consumer Response
2. To the extent not included in item 1 above: Center - FCRA
Washington, DC 20580
a. National banks, federal savings associations, and federal branches (877) 382-4357
and federal agencies of foreign banks
a. Office of the Comptroller of the Currency
b. State member banks, branches and agencies of foreign banks (other Customer Assistance Group
than federal branches, federal agencies, and insured state branches of 1301 McKinney Street, Suite 3450
foreign banks), commercial lending companies owned or controlled by Houston, TX 77010-9050
foreign banks, and organizations operating under section 25 or 25A of the
Federal Reserve Act b. Federal Reserve Consumer Help Center
P.O. Box 1200
c. Nonmember Insured Banks, Insured State Branches of Foreign Minneapolis, MN 55480
Banks, and insured state savings associations
c. FDIC Consumer Response Center
d. Federal Credit Unions 1100 Walnut Street, Box #11
Kansas City, MO 64106
3. Air carriers d. National Credit Union Administration
Office of Consumer Protection (OCP)
Division of Consumer Compliance and Outreach (DCCO)
1775 Duke Street
4. Creditors Subject to Surface Transportation Board Alexandria, VA 22314
Asst. General Counsel for Aviation Enforcement &
Proceedings
Department of Transportation
5. Creditors Subject to Packers and Stockyards Act 400 Seventh Street SW
Washington, DC 20590
Office of Proceedings, Surface Transportation Board
Department of Transportation
6. Small Business Investment Companies 1925 K Street NW
Washington, DC 20423
Nearest Packers and Stockyards Administration area
supervisor
7. Brokers and Dealers Associate Deputy Administrator for Capital Access
United States Small Business Administration
406 Street, SW,
8. Federal Land Banks, Federal Land Bank Associations, Federal W
ash n~gton, DC 0416th Floor
Intermediate Credit Banks, and Production Credit Associations
Securities and Exchange Commission
100 F St NE
9. Retailers, Finance Companies, and All Other Creditors Not Listed W
Above
ashington, DC 20549
Farm Credit Administration
1501 Farm Credit Drive
McLean, VA 22102-5090
FTC Regional Office for region in which the creditor
operates or
Federal Trade Commission: Consumer Response Center -
FCRA
Fax, email or mail completed forms to OPENonline at:
REV Jan 2015 (614) 481.6980 compliance@openonline.com
Attn: Compliance Dept., 1650 Lake Shore Drive, Suite 350, Columbus, OH 43204 Page 13 of 13
Lynn Merrifield
From: Compliance OPENonline [compliance@openonline.com]
Sent: Friday, July 10, 2015 4:48 AM
To: 'Lynn Merrifield'
Subject: RE: City of Ashland
Lynne,
Sorry I should have answered this in the other email. You are charged per report. Employment Credit reports are 11.25
then you are charged a $5.00 log in fee when you log in. Once you are logged in you are charged for each report you
pull, but as long as you stay logged in there is no additional log in fee. I think this was chosen when the account was set
up because City of Ashland is not a frequent user. If things change we can review the log in charge piece.
Regards,
Karen
The information in this email is not legal advice. For legal advice, please seek legal counsel.
Karen Kontras
Compliance & Quality Assurance Administrator
FCRA Advanced Certification
Certified Safe Hiring Specialist
(p) 888-381-5656 x 6008
(f) 614.481.6980
OPENonline is proudly accredited by the NAPBS® Background Screening Credentialing Council
From: Lynn Merrifield [maiIto: lynn.merrifieldCabashland. or.us]
Sent: Thursday, July 9, 2015 4:42 PM
To: Compliance OPENonline
Subject: RE: City of Ashland
Hi Karen,
I am sorry, I am new here and haven't had the opportunity to use OPENonline yet, so I am unaware of the features.
I have a question for you...are we charged per each report or are we charged a service fee yearly as well?
Thank you again,
zrl( /°l e````/pa
Lynn Merrifield, Administrative Analyst
City of Ashland, Police Department
1155 E Main St, Ashland, Oregon 97520
(541) 552-2117
(541) 552-2154 fax
1
r-
I
OPEN
Online
& Print Page 7. View PDF
National Investigative Solutions Portfolio of Services
$30.00 per
County Turnaround report,
Civil These reports are the most up-to-date searches of information directly from the courthouse. Nationwide times may other
Report vary surcharges
may apply
Federal $24.00 per
Turnaround report,
Civil These reports are the most up-to-date searches of information directly from the courthouse. Nationwide times may other
Report vary surcharges
may apply
$19.50 per
County Turnaround report,
Criminal These reports are the most up-to-date searches of information directly from the courthouse. Nationwide times may other
Report vary surcharges
may apply
$16.50 per
Federal Turnaround report,
Criminal These reports are the most up-to-date searches of information directly from the courthouse. Nationwide times may other
Report vary surcharges
may apply
$14.00 per
National report, first
Multi- This criminal report compiles information obtained from all available criminal sources, including 308 Immediate, record
State County Criminal Courts, 54 Municipal Courts - over 524 different criminal sources nationwide. It results detail
Criminal additionally includes all available sex offender registries. The service allows the user to choose u Nationwide
p returned included;
Report to 15 states for each report. online additional
detail
$4.00 each
$18.00 per
report, first
National The National One Report is our most comprehensive instant criminal report accessing 524 different Immediate, record
One criminal sources reporting from all 50 states. Searching over 300 million records nationwide from all Nationwide results detail
Report available, regularly updated criminal sources, our customers receive the most accurate information. returned included;
online additional
detail
$4.00 each
National This new service offering compiles a report from information obtained using 20 national and Immediate,
international security sources, including OFAC, Interpol and sanctions lists. These lists include a atlonwide results $5.00 per
Security individuals involved in terrorist activities, money launderingo illegal imports, fraud against
Report International returned name
government agencies, violations of federal banking regulations and fugitives from justice. online
National 49 states, Immediate,
Sex The new service offering allows for a nationwide search of all available sex offender registries. This D.C., Puerto results $5.00 per
Offender instant report will include offender photo, where available. Rico and returned name
Report Guam online
$6.00 per
report, first
Single- This report compiles information from all available criminal sources in any one of the 50 U.S. states Immediate, record
State as designated by the user. Sources of information include the sex offender registry for the state Nationwide results detail
Criminal selected, Department of Corrections records, state court records, and county level records. returned included;
Report online additional
detail
$4.00 each
This report will contain details of bookings from county sheriffs' offices in all Immediate,
Michigan Arrest Report reporting counties. This report is useful to identify county(ies) that may Michigan results $7.25 per
require an on-site county/federal criminal report. returned report
online
This report will contain details of bookings from county sheriffs' offices in all Immediate,
Ohio Arrest Report reporting counties. This report is useful to identify county(ies) that may Ohio results $7.25 per
require an on-site county/federal criminal report. returned report
online
This easy to read report compiles felony and misdemeanor criminal court Immediate,
Ohio Criminal History records; plus criminal information from three additional sources; arrest, Ohio results $12.50 per
Report prosecution, and statewide corrections (criminal conviction) records. returned report
online
$6.00 per
Immediate, report, first
Oregon Civil and Criminal Combines OJIN-Criminal (statewide) and OJIN-Civil (statewide) into one results record detail
Report comprehensive database. Provides many flexible search options. Oregon returned included;
online additional
detail $6.00
each
OJIN: $1.50
Oregon Courts Advanced Immediate, per minute;
(Real-time OJIN/eCourt Integrated solution that provides real-time, direct access to statewide OJIN results eCourt: $0.25
Civil and Criminal and eCourt records covering both felony and misdemeanor criminal offenses. Oregon returned per page of
Records) online information
delivered
$6.00 per
Immediate, report, first
Washington Civil and Combines JIS-Criminal (statewide), JIS-Civil (statewide), superior, district results record detail
Criminal Report and municipal courts filings into one robust product. Also provides many Washington returned included;
flexible and powerful search options. online additional
detail $6.00
each
Washington Real-time Real-time, direct access to statewide court information, including District and Immediate, Civil and Criminal Court Superior court records covering
both felony and misdemeanor criminal Washington results returned $of•215 per page
information
Records (JIS) offenses.
online delivered.
OPENonline offers Driving records for non-employment screening purposes in OH, Indiana, Pricing is base
National Kentucky, Immediate price and will be
IN, KY, WV, NC and MI. Records may include violation, restrictions, class of
Driving Michigan, North results in added to state
license, convictions, and insurance cancellations. Some states may require a
Records certificate of permissible purpose or other authorization. Carolina, Ohio, most states surcharge: IN, KY,
West Virginia MI, OH, WV $2.50
Michigan Immediate,
Vehicle Provides owner name and address, and year, make, model and VIN number of Michigan results $2.50 plus state
Registrations vehicle. returned surcharge
online
Immediate,
Ohio Vehicle Provides owner name and address, and year, make, model and VIN number of Ohio results $2.50 plus state
Registrations vehicle. returned surcharge
online
Report consolidates SSN validation from SSA, including state issued and date range. Also includes Immediate, $6.75
Identity name(s) and address history associated with the SSN by searching credit bureau files, national Nationwide results
Verification databases, real property records, and voter registrations; verifies if a death benefit has been paid on the returned per
SSN. online SSN
Immediate, $3.00
SSN Returns the year and state the SSN was issued. Nationwide results per
Validation returned SSN
online
The report includes when and where a SSN was issued, the name of individual(s) using the SSN, and Immediate, $3.75
SSN current and previous address information. Also includes an alert if SSN is suspected to be connected Nationwide results per
Verification with fraudulent activity. returned SSN
online
Business and Immediate. $3.00 per
Residential This national search can be helpful in verifying current phone number and address results report; $1.00
Telephone information. Since this directory is source-direct and real-time, you get the most up-to- Nationwide returned no record
Directory date directory listings. online found
Immediate,
Locate People This national report searches telephone directories, the national change of address Nationwide results $8.00 per
database, mailing labels and credit header files. returned report
online
$8.00 per
report ;
Consumer Access to national consumer credit information from TransUnion® Credit Reports. Permissible Immediate, Requires
Credit purpose product. TransUnion must grant prior approval and requires a signed release from the Nationwide results one-time
Report subject. returned application
online and site
visit fee of
$75.00
Dun and Immediate, $25.00-
Bradstreet Research ownership, management, operations and financial information. Credit card payment is results
Report required for DandB access. Nationwide returned $315.00
online per report
$5.00 per
report;
Employer Results may include individual's current and former employer name and location, position held, Immediate, Requires
Information salary, hire date, date reported or verified, and date of termination. This is a controlled access, Nationwide results one-time
Report permissible purpose product and requires a signed release from subject. TransUnion must grant returned application
approval before use. online and site
visit fee of
$75.00
Bankruptcy, Bankruptcy, Judgment and Lien records contain details of filings including type of Nationwide, Immediate, $6.00 per
including DC, report; per
Judgment bankruptcy (Chapter 7, 13) filing date, debtor name, address and SSN, discharge, dismissal Puerto Rico results record type;
and Lien or conversion date, trustee and attorney names, and originating court information. The and Virgin returned $12.00 per
information obtained from all Federal Bankruptcy Districts is updated daily. Islands online report; all
record types
Immediate,
Business Verify business' existence, including partnerships, LLC, reserved names, trademarks from Nationwide results $12.00 per
Registrations Secretary of State's filings. returned report
online
Immediate,
Death Search decedent's name, DOB, state of last residence, SSN year and state of issuance. Nationwide results $6.00 per
Records returned report
online
Pilots and Immediate,
Aircraft registrations include address of registered owner, date and aircraft details. Pilot results $6.00 per
Registrations Aircraft registrations include name, address, airman ID and certificate type and rating. Nationwide returned report
online
Real Immediate,
Property Real estate data, includes parcel number, situs address, mailing address and use Nationwide results $12.00 per
Records description. returned report
online
Immediate, $6.00 per report, first
California Public California Public Records can include Bankruptcies, Civil Index, California results record detail included;
Records Corporations, UCCs, and much more. returned additional detail $6.00
online each
Immediate, $6.00 per report, first
Idaho Public Records Idaho Public Records can include Bankruptcies, Assessor Records, Idaho results record detail included;
MVR Records and much more. returned additional detail $6.00
online each
Immediate, $6.00 per report, first
Nevada Public Nevada Public Records can include Bankruptcies, Assessor Records Nevada results record detail included;
Records and much more. returned additional detail $6.00
online each
Ohio Public Records Immediate, $6.00 per report, first
(Corporation and UCC Contains both Ohio statewide Corporation and UCC filings in one Ohio results record detail included;
Filings) database. Can be searched together or separately. returned additional detail $6.00
online each
Quickly determine if an applicant has a history of frequent workers' Immediate,
Ohio Workers' results
Compensation (BWC) compensation claims. This information must be used in accordance Ohio returned $0.49 per minute
with ADA requirements. online
Information can include driver's license information (validity of license Immediate, $6.00 per report, first
Oregon Public results record detail included;
Records only; no history), bankruptcies, state ID records, professional licenses, Oregon and much more returned additional detail $6.00
more. online each
Immediate, $6.00 per report, first
Washington Public Washington Public Records can include Assessor and Locator Washington results record detail included;
Records Records, Professional Licenses and much more. returned additional detail $6.00
online each
Ak w~ Q e . n' tiIs~r 4t
I r8T° ~ ` d L~ \ ~tY •F.
/ V T
°CC:_S _ _ `c
m Lower employee turnover - ` ! ` --oven
a Increase Productivity ~ - ~
ic Reduce potential of employee theft Palinqu~nl4Vcbb~ ~-~r
u Save money (lots of it!) `9<r~aF a oo +"9"`"r
How Does Select ire® Work?
Entering a background check request is simple because of the intuitive, web-based order entry
system offered by SelectHire@. The time commitment required to place an order online is no more SF `LECT
• 7
than one or two minutes. The automated, paperless order system reduces the need for forms or filing. by OPENonline
Step 1: Select products and quantities Step 3: Enter additional information
Step 2: Enter applicant information Step 4: Authorize
Don't want to spend time entering the information? When you use SeiectHire@, you have access to Applicant Direct: an easy-to-use,
secure, cost effective applicant entry system that eliminates tedious, time-consuming data entry.
Step 1: Select products and quantities Step 3: Applicant receives secure link via e-mail to Applicant Direct
Step 2: Enter applicant contact information Step 4: You are notified once report is ready on SelectHire@ dashboard
Select ire@ c ices-
• SSN Trace • County Criminal Records Check • Professional Reference Check
• National One Report • Federal Criminal Records Check • Civil Records
• Single Statewide Report • Education Verification • Federal Civil Records
• Motor Vehicle Report • Employment Verification • International Reports
• Employment Credit Report • Professional License Verification • Healthcare Sanction Reports
Industry Expertise Security Certified Consumer Reporting Agency
• Trusted partner for more than 20 years • Servers housed insecure Tier 4 facility uv,,
• More than 3,000 clients depend on us for • Back-up generators
background screening and compliance Accredited by the NAPBS@
needs every day Live, U.S. -Based Assistance- Background Screening
Background Specialists available from _ , Credentialing Council
One Source Solution 8 a.m. - 8 P.M.
• Employment Screening • Assigned Account Manager and Background _
• Investigative Services Specialist with FCRA compliance education BBB Accredited with
• Drug & Alcohol Testing • 24/7 access to ordering reports and retrieving BB6- - an A+ Rating
• 1-9 Manager results l^Je sell-cenlty compliance with
• Adverse Action us eu
• Workers Compensation Consistent Reports, Itemized Invoices ! SAFEHARBOR
• International Services Reports are formatted in a user friendly, 5 DEPARTMENT OF COMMCRCE Safe Harbor
consistent report Certified
Compliance • Invoices are easy to read with full details of
• Safe-Hiring Certified Background Specialists your screening order R-XM L
n` CONSORTIUM HR-XML Consortium
• FCRA Certified in-house assistance • Statutory fees and fees levied by data sources I< _C[RTI FI6 D;
will be itemized for clarity Certified
888.381.5656 1 info@openonline.com I OPENonline.com
NAPBSta,. Accredited I Trusted Partner for over 20 years I =CRA Certified Safe-Hiring Experts I Copyright tq; 2015 OPENonline LLC
CITY OF
-ASHLAND
Memo
DATE: July 14, 2015
TO: David Lohman
FROM: Lynn Merrifield
RE: Ashland Police Department
Please see the attached service agreement that needs to be approved (stamped) by legal before we can
proceed to get an approved requisition for this current year. The Ashland Police Department has been
using OpenOnline to conduct Employment Credit reports on potential employees since 2003. We are
looking to have agreement that is updated with current employee's names. Last year, $280.00 was
used for OpenOnline services.
Please feel free to contact me with any further questions.
Thank you for you
Lynn( errifield
Administrative Analyst
Ashland Police Dept
541-552-2115
Lynn.nierri field Pa
ID
APP AS TO ~e
U
gshland . CIW ttomeY
1615
Da
Page I of 1
Memo - Blank
Page 1 / 1
DATE PO NUMBER
C I T Y OF ASHLAND
20 E MAIN ST. 7/2812015 13030
ASHLAND; OR 97520
(541) 488-5300
VENDOR: 007773 SHIP TO: City of Ashland - Police Dept.
OPEN ONLINE, LLC 1155 E MAIN STREET
PO BOX 182520 ASHLAND, OR 97520
COLUMBUS, OH 43218
FOB Point: Ashland, Oreqon Req. N,).:
Terms: Net Dept:
Req. Del. Date: Conta :t: Lynn Merrifield
Special Inst: Confirming? NO
Quantity Unit Description Unit Price Ext. Price
Query Services for Backqround 360.00
Investiqations, FY 16 - $360.00
FY 17 - $360.00 360.00
SUBTOTAL 720.00
BILL TO: Account Payable TAX 0.00
20 EAST MAIN ST FREIGHT 0.00
541-552-2010 TOTAL 720.00
ASHLAND, OR 97520
Account Number Project Number Amount Account Number Project Number Amount
E 110.06.09.00.60416 720.001
;j Authorized Signature VENDOR COPY
FORM#3 CITY OF
-ASHLAND
REQUISITION Date of request: 07/20/15
Required date for delivery:
Vendor Name nPFNnniina
Address, City, State, Zip PO Box 47508, Witchita KS 67201
Contact Name & Telephone Number
Fax Number
SOURCING METHOD
❑ Exempt from Competitive Bidding ❑ Emergency
❑ Reason for exemption: ❑ Invitation to Bid (Copies on file) ❑ Form #13, Written findings and Authorization
❑ AMC 2.50 Date approved by Council: ❑ Written quote or proposal attached
❑ Written quote or proposal attached Attach co of council communication If council approval required, attach co of CC
❑ Small Procurement Cooperative Procurement
Less than $5.000 ❑ Request for Proposal (Copies on file) ❑ State of Oregon
❑ Direct Award Date approved by Council: Contract #
F1 Verbal/Written quote(s) or proposal(s) -(Attach copy of council communication) ❑ State of Washington
Intermediate Procurement ® Sole Source Contract #
GOODS & SERVICES ❑ Applicable Form (#5,6, 7 or 8) ❑ Other government agency contract
$5,000 to $100,000 ❑ Written quote or proposal attached Agency
❑ (3) Written quotes and solicitation attached ❑ Form #4, Personal Services $51K to $75K Contract #
PERSONAL SERVICES ❑ Special Procurement Intergovernmental Agreement
$5,000 to $75,000 ❑ Form #9, Request for Approval ❑ Agency
❑ Less than $35,000, by direct appointment ❑ Written quote or proposal attached Date original contract approved by Council:
❑ (3) Written proposals/written solicitation Date approved by Council: (Date)
❑ Form #4, Personal Services $5K to $75K Valid until: Date - (Attach copy of council communication)
Description of SERVICES Total Cost
Query Services for Backgrounds/Investigations FY 2016-$360
Query Services for Backgrounds/Investigations FY 2017-$360 $720.00
Item # Quantity Unit Description of MATERIALS Unit Price Total Cost
TOTAL COST
❑ Per attached quotelproposal $
Project Number _ _ _ _ _ _ - _ _ _ Account Number 110.06.09.00.604160
AccountNumber___-AccountNumber
*Expenditure must be charged to the appropriate account numbers for the financials to accurately reflect the actual expenditures.
IT Director in collaboration with department to approve all hardware and software purchases:
IT Director Date Support -Yes / No
By signing this requisition form, cting requirements have been satisfi
r
Employe Department Hea I
(Equal to or greater than $5,000)
Department Manager/Supervisor: City Administrator:
~J (Equal to or greater than $25,000)
Funds appropriated for current fiscal year YES / NO
Finance Director- (Equal to or greater than $5,000) Date
Comments:
Form #3 - Requisition