ORDER NO. 24061 AF'F'ROVRL OF "AP'P'LICATION FOR MEMBERSHIP RND SERVICE CONTRACT" BETWEEN KERB COUNTY AND CREDIT BUREAU Dn this the 14th day of July 1997, upon motion made by Commissioner Baldwin, seconded by Commissioner- Oehler-, the Court unaniaously approved by a vote of v-@-0, of "Application for Member-ship and Service Contract" between Kerr Co~.xnty and Credit B~_~reau and County Judge to sign same. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND FIVE COPIES OF THIS REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT. MADE BY: i/l ~ i ~ .~tu~t , MEETING DATE: ~ -~ SUBJECT: (PLEASE BE SPECIFIC) EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) ESTIMATED LENGTH OF PRESENTATION: IF PERSONNEL MATTER -NAME OF EMPLOYEE: NAM$ OF PERSON ADDRESSING THE COURT: Q.i~ yeyP , L~2a?,iarr ~ /9~,/~/1~,~a,~/('o, ~ Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, Government Code, is as follows: OFFICE: ~1/~i~~~un .7`_ '7foiv- TIME PREFERRED: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday. THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards you request being addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners' Court. REVISED 1986 Application for Membership and Service Contract In order to cooperate with other business and professional people in the coot idential dissemination of credit information, the undersigned (hereinafter referred to as the Applicant) petitions the credit bureau named below (hereinafter referred to as the Credit Bureau) for the use of its services upon the basis outlined below, and if accepted by said Bureau as a member or subscriber, agrees that the following shall constitute a service contract between the Applicant and the Credit Bureau. THE APPLICANP A(iREE9: To pay herewith the sum of Dollars, ($ ), es an initial fee, for which the Applicant is to receive To pay each a membership tee of $ which shall be in addition to the regular service charges, for which the Applicant is to receive To pay the Credit Bureau $ per month payable in advance on the first of each month. The first payment shall be due on the first day of the calendar month next succeeding the date of acceptance of the service contract by the Credit Bureau. That said monthly payment shall entitle Applicantto an equivalent amount of credit information according to the schedule of charges nowor subsequently established by the Credit Bureau during the month for which said payment is made, and that i( the charges forthe information requested should exceed the minimum monthly payment, Applicant will pay, when billed, all charges in excess of the monthly minimum payment. That Applicant will comply with all the provisions of Puulic Law 91-508 (Fair Credit Reporting Act) and all other applicable statutes, both state and federal. That information will be requested only for the Applicant's exclusive use, and the Applicant certifies that inquiries will be made only when the Applicant intends to use the information for a permissible purpose, namely: (A) In connectionwithacredittransactioninvolvingtheconsumeronwhomtheinformationistobefurnishedandinvolving the extension of credit to, or review or collection of an account of, the consumer; or (B) For employment purposes; and Applicant agrees to identify to the Credit Bureau each request fora report to be soused at the time such report is requested; or (C) In connection with the underwriting of insurance involving the consumer; or (D) In connection with a business transaction involving the consumer; and the Applicant agrees to identify to the Credit Bureau each request at the time such report is ordered, and to certify the legitimate business need for such report. Reports on employees will be requested only by the Applicant's designated representatives. Employees will be forbidden to attempt to obtain reports on themselves, associates, or any other person except in the exercise of their official duties. (Public Law 91-508 provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5,000 or imprisoned not more than one year, or both.) To furnish the Credit Bureau with written or oral information giving the following data: (A) The names and addresses of customers whose accounts have been restrained or closed by Applicant (and the reasons therefor); or placed for collection: or repossessed: or charged off as a loss. (B) Information on active and inactive accounts and any pertinent other information to make the Credit Bureau's tiles more complete, immediately when requested by the Credit Bureau. (C) Such pertinent information on present or former employees as may be requested by the Credit Bureau. That applicant will use Ifs best a/torts fo provide prompt, accurate and complete Inlormaflon, but !f !s expressly understood by both parties fo this agreement that Appllcanf does not warrant the accuracy or completeness o/ the Ulormaflon lumishsd fo the credit bureau. To hold In strict con!ldence alllnlormaflon received Irom the Credlf Bureau, whether written, printed ororal, same beinglor exclusive use of Appllcanf, and In case the disclosure olsuch Inlormallon leads fo any claims orllflgaflons, fo hold fhs Credlf Burstu harmless Irom sny llablllfy, damages or cost or expense Ineluding reasonsb/e affomey's lees rosuMing fhsrolrom. The Crsdlf Buroaushafl not bs liable In sny manner whafsoevsrforanyloea orln/ury toAppllcanf resuWnp Irom the obtaining or lumishlny of such Inlormaflon end shsl! not be deemed to have Duaronfeed the seeurocy o/ sueh Information; such /nlormaflon being 6sasd, however, upon reports obtained Irom eources eoneldered by the Crodlf Burosu fo be reliable. THE CREDR Bl1RERU RC,REES: To maintain files on Individuals, firms or corporations, recording information furnished by its members or subscribers or obtained from other available sources. To furnish ell available pertinent Information on individuals, firms or corporations, Including but not limited to: identffyfng information, credit history, employment and public record Information in file, such Information being furnished at the special request of Applicant, as evidenced by the signature on this application. lT IS MUTUALLY AGREED that this agreement shall remain !n /once and ellect /or one year and fherea/tar, /rom year to year, on the same 6es/s es set /orth herein until written notice of cancellation shall6e given by either party et least 10 days prior to the end of the current monthly payment period. It islurtheragreed, however, that it the app/icentls delinquentln the payment o/ the monthly charges, or Is guilty of violating the terms of this contract, the Credit Bureau may, et Its a/action, discontinue providing service to the Appl/cent and cancel this contract lmmedfately by written notice to the Applicant, !T /S FURTHER MUTUALLYsgrosd that the Crsd/f Burosu and the Applicant shall each be //able fo sny third party claimant for Ifs own acN o/ nepllyancs with rspsrd fo fhs psAOrmanes o/Its duller hereunder, end each shall Indemnity and hold harmless fhs o~herlorand Irom ell such third psrfy cls/ms arising on sccounf o/Its acts olnspllgence, or on account ollh hllure fo psrlormany ollfa obllgsflons hsroundsr, end sny cost orsxpenss, Including reasonable aftomsyY lase, Incurred by tM other In eonnsctbn therewith. Dated et Applicant Title Type of Business Bank References Trade References ,this day of By Address Telephone Zip Code Persons to be Authorized to Request Credit Reports Accepted for the Credit Bureau Named Below ey Deposit Code Number Assigned Member Associated Credit Bureaus, Inc. Date 19 Form 307 - RavluM 1886 PrintBA In U.S.A. 7/86 Serving: Kerr, Kimble, Kendall and Gillespie Counties Airtime per minti~ '~ d~arge ~A11 Minutes'$(}.58 '*7WO YEAR SERVICE CC Airtime per $0.25 PeaWOff . ~-200~mfi a .~. 201-4~ min. 401-600 min. 601+ min. m F`. ~r fl ; Ga?y ~ ;' Peals hpura are from 7:DOam to 7:59pm Monday Nraugh Fri- day. Ofi'Peak hour are from B:OOpm ro 6:59am Monday drrough Friday, all day Sanuday & Sunday, aad some holidays (Ihaaksgiviog Day, CTristmas, New Years Day, Iadepeodeoce Day, Labor Day). Raies apply ro~jgal air time only. *ONE YEAR SERVICE COMMfTMENT - REQUIRED. Plans and features subject to rhanna REVISED 1986 1 Application for Membership and Service Contract In order to cooperate with other business and professional people in the confidential dissemination of credit information, the undersigned (hereinafter referred to as the Applicant) petitions the credit bureau named below (hereinafter referred to as the Credit Bureau) for the use of its services upon the basis outlined below, and if accepted by said Bureau as a member or subscriber, agrees that the following shall constitute a service contract between the Applicant and the Credit Bureau. THE APPLICAIITI' A6REE8: To pay herewith the sum of NIA' Dollars, ($ N A ;~ "'" ), as an initial fee, for which ~~t//h~~e--rrA((p~~plicant is to receive _ MGNt ~S~ fd ~(.Cw{' raKn.c...._ To pay each Sly a membership te~e~o~f $~ ~ ~~Z' ~ which shall be in addition topth~e/regular service charges, for which the Applicant is to receive ~'~''^^"'WJ ~' ~~u ~ ~ Ql~CYf.d r~fl,fAQ, d IwVf(I~1/S~i ~~ ~L cf To pay the Credit Bureau $- per month payable in advance on the first of eacli month. The ti rst payment shall be due on the first day of the Galen ar month next succeeding the date of acceptance of the service contract by the Credit Rureau. That said monthly payment shall entitle Applicant to an equivalent amount of credit information according to the schedule of charges now or subsequentlyastablished by the Credit Bureau during the month for which said payment is made, and that if the charges for the information requested should exceed the minimum monthly payment, Applicant will pay, when billed, all charges in excess of the monthly minimum payment. That Applicant will comply with all the provisions of Public Law 91-508 (Fair Credi[ Reporting Act) and all other applicable statutes, both state and federal. That information will be requested only for the Applicant's exclusive use, and the Applicant certifies that inquiries will be made only when the Applicant intends to use the information for a permissible purpose, namely: (A) In connection withacredittransactioninvolving the consumer on whom the in(ormationis to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer; or IB) Foremployment purposes; and Applicant agrees to identify to the Credit Bureau each request fora report to be so used at the time such report is requested; or (C) In connection with the underwriting of insurance involving the consurrrer; or (D) In connection with a business transaction involving ure consumer; and the Applicant agrees to identify [o the Credit Bureau each request at the time such report is ordered, and to certify the legitimate business need for such report. Reports on employees will be requested only by the Applicant's designated representatives. Employees will be forbidden to attempt to obtain reports on themselves, associates, or any other person except in the exercise of their official duties. (Public law 91-508 provides that any person who knowingly and willfully obtains information on a consumer from a consumer reporting agency under false pretenses shall be fined not more than $5,000 or imprisoned not more than one year, or both.) To furnish the Credit Bureau with written or oral information giving the following data: (A) The names and addresses of customers whose accounts have been restrained or closed by Applicant (and the reasons therefor); or placed for collection; or repossessed; or charged off as a loss. (B) Information on active and inactive accounts and any pertinent other information to make the Credit Bureau's files more complete, immediately when requested by the Credit Bureau. (C) Such pertinent information on present or former employees as may be requested by the Credit Bureau. That applicant will use Ifs best ellorts to provide prompt, accurate and complete Information, but /l Is expressly understood by 6ofh parties fo fhls agreement that Appllcanf does not warrant the accuracy or completeness o/the /nlormaflon lurnlahed fo the credit bureau. To hold In sfrlcf conNdence all lnoormaf/on received Irom the Cred/t Bureau, whether wrlffen, printed or oral, same be/ng for exclusive use of Appllcanf, and Incase the dlaclosure o/such /nlormaflon leads to any claims or l/flgaflons, fo hold the Credlf Bureau harmless from any l/abll/fy, damages or cost or expense Includ/ng reasonable afforney'e lees resulting there/rom. The Credit Bureauaha/lnof bs llableln anymenner whafaoeverforanyloss orln/ury toAppllcant resultlnplrom the obtaining or lurnlah/ng of such Inlormaflon end shall not be deemed fo have guaranteed the accuracy o! such lnlormat/on; such /n/ormaf/On being based, however, upon reports obfa/ned Irom sources cons/dared by the Credlf Bureau fo be reliable. THE CREDIT BURERU RGREES: To maintain files on individuals, firms or corporations. recording information furnished by its members or subscribers or obtained from other available sources. To furnish all available pertinent information on individuals, firms or corporations, including but not limited to: identifying information, credit history, employment and public record information in tile, such information being furnished at the special request of Applicant, as evidenced by the signature on this application. I T /S MUTUALLYAGREED that this agreemen t shall remain in forcaand a//act for one year and thereafter, /rom year to year, on the same basis as set forth herein until written notice of cancellation shall be given by either part y et least 10 days prior to the end oI the current mon thly payment period. It is /urther agreed, however, that i/the applicant is delinquent in the payment of the monthly charges, or is guilty of violating the terms o/this contract, the Credit Bureau may, at its election, discontinue providing service to the App/icant and cancel this contract immediately 6y written notice to the Applicant. lT IS FURTHER MUTUALLY agreed that the Cred/f Bureau and the Applicant shall each be l/able foamy third party ela/mant for Its own acts o/negligence with regsrd to the psrlormance o//ts duties hereunder, and each shall lndemnlly end hold harmless !hs ofherforand )rom all ouch third party claims arising on account ollts seta of negligence, or on account ollts hlluro to perform sny ollfa ob(/gatlona herounder, end any coat arexpenae, Includ)ng reasonable affomey'a less, Incurred by the other In connection therewith. Dated at Kerr County, Texa~is 14th day of July 19 97 Applicant Kerr County By Title Kerr County Judge gddress 700 Main, Kerrv~l Type of Business Governmental _ Telephone Bank References Trade References Persons to be Authorized to Request Credit Reports Accepted for the Credit Bureau Named Below (,ud~~f ~uuu-,~, o F N-c ! ~ Co-trvt~v~/ ~r~~ ~~~ .Zip Code 92-2211 78028 By I"r(/l~ V~"cQ _ _Date_ /~f~ Deposit Code Number Assigned ~. ... Member Associated Credit Bureaus, Inc. Form 301 -Revised 1986 Prinlea in U.S.A. 7/fle