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AGREEMENTSTexis Nexis VitalCheck-OnLine Vital Records Service—6-5-2023
RESOLUTION AUTHORIZING VITAL RECORDS SERVICE AGREEMENT
BETWEEN TOWN OF QUEENSBURY AND
LEXISNEXIS VITALCHEK NETWORK, INC.
RESOLUTION NO.: 12023
INTRODUCED BY:
WHO MOVED FOR ITS ADOPTION
SECONDED BY:
WHEREAS, the Queensbury Town Clerk has recommended Town Board authorization of a
Vital Records Service Agreement (Agreement) between the Town and LexisNexis VitalChek
Network, Inc. (VitalCheck), such Agreement providing for a service which expedites users' remote
application, processing and delivery of requests for vital records at no cost to the Town; rather, users
would pay VitalChek directly for the services and VitalChek would make payment to the Town in an
amount equal to the Town's charges for all properly authorized requests,
NOW, THEREFORE, BE IT
RESOLVED, that the Queensbury Town Board hereby authorizes the Vital Records Service
Agreement(Agreement)between the Town and LexisNexis VitalChek Network, Inc. (VitalCheck) and
authorizes and directs the Town Supervisor to execute the Agreement in substantially the form
presented at this meeting and/or any other necessary documentation and the Town Supervisor, Town
Clerk and/or Town Budget Officer to take such other and further actions necessary to effectuate the
terms of this Resolution.
Duly adopted this 5t'day of June, 2023,by the following vote:
AYES
NOES
ABSENT:
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This agreement{"Agreement") is entered into as of (the"Effective Date");by and between
l exisNexis tlitalChek Netwo'r!<inc. {"UitaiCliek")with its principal place of business'located at 6,Cadillac Drive, ,
Suite 400,8rentwood,TN 37027 and town of°Queensbury' ('Agency") with,its principal place
of business located"at 742 Bay Road Queensb
"' ury,,NY 12844"
1A ;;VstalCliek."is engaged in the business,rif pra�idino:a service" ctt"epeclites the remote application,":
processing and delivery of' requests'., or vital records'(hereinafter reierred "to-as, the '.'Service,-which As more
particularly described in Appendix I attached
3A , Agency.is dasirous of instaliiiig the;Sers�ice and pr%ividng access to the service to t#ie public,
WOW THIERE O E, 1n exchange for the mutual consideration set forth herein; VitalChek"and'Pdency do hereby
;agree,as fofloYvs;
:. "VitalChek"shall, at its eXpense; install at m6tually:agreed'upon facilities of"Agency all,,hardwa`re,andaoftware
associated with thee Service, to"the extent detailed"in Appendix:I"atfachedhereto"(the"Equipment':
2. Vita[Ch'ek shall, atJ s;expense,=train and'authorize appropriate=person,el,of Agency in the use,and operation of
the,hardv�are and software associated ;with the Service;
3, Vita lChe"k will make paym"ent it6,Agency=in an amount equal to Agency's charges for all properly authorized
requests in"connection with,services rendered by Agency and,'Vihich are"correctly-processed through the"Service:
SUCK paymentsshall�be.mai de in a'manner a'ccep ableao."both parties..
4,� VitalChek will charge"the-consurrer)applicant'a convenience fee for'the�use;of tl�eSeruice; "{"Fees"),—and will
accept payment of such fees through they use",of a valid,payrnent"method then accepted by VitalCi�ek,which"may,
include;'without li itation;,Visa, MasterCard,',Discover Card or American:express credit card;�as well"as naajQr
debit cards iri.VitalChek reasonable discretion.,
5, In �o ormity s riti industry,security requirements, and in order to m"airatain the highest level of cardholder data
sr curzry, VitalChek has instituted,;among,other,policies, Paper and',Electronic"Nledia'Policies, which are designed
to meet or exceed Ji dustry security standard's(the 'Vitaii~hek Policies"): A.'cQpy.of,the VitalChek Policies,-has," "
been'prdvided to Agency, and Age"" agrees to�corripiy��vith"sucI policies as arneriued from time to time as'we ;
as witfii"appropriate�induskry,,accepted security practices for�ha'ndling:non,=publicpee�sonal information. ','Agency
acl<nowledges and agrees,tiiat'cardholder data may"only e used"for:assistil3g in"completing'a card transaction or
as;required by applicable'faw. Each party varrani^.that,it will abide""by all=:app(icabi fedeial, state, arld local
laws, ordirianc s, codes,and €egulatior s in tile per;orrriance o.J s.obligations urr ier this�Agreernpnt {collectively,
6. "A Party herein-will not be"liable to,the otl%er Party or,to its customers for any,delay or failure in its performance
of arty, of the acts;required by,this Agreement if;and to,the"extent that such delay or failure arises"beyond the "
reasonable:control of such Party, including, without"limitation, iacts'ar. od or,"public enemies, laboi dispuesi
vqurpmenIt malfunctions, °ce�mputer downtime, material or component shartag s, supplier faiiuresJ ecnbargoes,
earthquakes;rationing, acts of local;state or nationat governments or,public agencies utility or communicat oh''
faifures�or�defays, fire,flood,epiderliics riots"and"strikes.
7: EXCEPT A-PRbVIDED"HEREIN; NEITHER'VITALCHEK NOR ,ANY SUPPLIER MAKES ANY-REPRESENTA7fIONS OR`
WARRANTIES;" EXPRESS ORNlPLIED INCL llDIt�1G WI T HOt3T LTNIITATION A!V"l TNARRAN,TY- OF .
h1EClIANlABILITf tJR FIl1`IESSt?P, A l?ARTICULAi2 PURPOSE,LUITH RESPECT"TC7"Tl}E SERVICES`FtIRIIstIED
P-0RSUANT"TO,THIS:AGREEMENT,INCLUDING ANY APPLICABLE"HARDWARE.
r�
It :is;agreed,that,under,this Agrement'VitalChek;does nottransfer, and" Agency does',,not obtain; any"patent .
ric�ftts; cop=�!r7ght" interest or other right, ,claim or interest in,the computer progralris,`systems;.forms, forri�ats,
schedules; manuals or other proprietary'items ui iiized by the Service or provided"by UifalChek
'9. N6tices,pro, vided in association Mth this''' meat small b"e,provided-.iri mfiti,h tci the address of the Parties first
set forth- bve, antl�in�the case of notice''to VitelChekx"with a,copy,tb: Cega"l,Department; 1000 Alderrnan�Qrive,
Alpharetta;Georgia 30005.
10. *s'Agreeri nt shall be effective as of the date first set forth bo"ve and shall continue in effect for a period of
„bne year, Thereafter, this Agreement shall,automatically renews For successive one year:periods, unless either'
party prouicles the other waith�written notice of termination not less thaR,, xty {60j"days prior to:the expiration of
the then existing term; "
11. The terms of 'his Agreement=represent the"fbil.and complete agreement between the parties with"respect toj e
tevisien eyiiynotbeatre! rnded� xepi vi mu�.exctd .b}Sr a ied e bye i e le
pai•tles:
12."This Agreerne"nt-shall be construed and enforced, in"accb'rdance,,with the laws, of the State where Agency.is
.
ITNESS,
' 3 , the parties-do f� reby execute this Agreement; intending to be boirrid tSy its terms and
conditions.' -
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ital,hek
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`2?.M AN t ,-. NI •� s''i'..
On-Line Ordering
• Secure on-line & remote ordering
• Hosted order support services
• Payment processing
• Advanced technology services
• Seamless integration into issuance work flow
• Same-day settlement processing
Professional Call Center Orders/Support
• Agency-specific toll-free telephone numbers
• Full-service bi-lingual customer support 24/7/365
• New and previously-placed order assistance
• Automated outbound order status messaging
• Parallel security measures as on-line ordering
• Support via phone, e-mail, and on-line social media
• Seamless integration into issuance work flow
Point of Sale (Front Counter Credit Card Processing)
• PCI Level 1 security
• New VeriFone VX series terminal and PIN pad or equivalent.
• Professional installation services and 24/7 support available
• Integration into your processing system
• Leading-edge technology for faster, secure processing
• Traditional card-swipe technology (Signature and/or PIN)
• EMV card capabilities (Signature andlor PIN)
• NFC payments like Google Wallet and ApplePay
• Providing dedicated, toll-free, live 24/7/365 technical support
Same-Day Settlement Processing
No matter how you accept payment for your vital records, you can benefit from VitalChek's same-day settlement processing via ACH. We also
provide daily transaction reports for easy accounting and reconciliation. Our newest settlement application, VitalChek Product Suite, even
includes a searchable payment database for easy reference.
Simple. Fast. Secure.
With VitalChek's Vital Record Solutions, your consumers can order their vital records quickly and securely 24 hours a day, 7 days a week, all
without your staff having to handle any additional work. Your agency can be available 24/7 and "open" to receive orders, even when it's
"closed
All of the services are provided at NO COST to the agency. All VitalChek fees are paid by the consumer.
VitalChek On-Line Fee $13.95
VitalChek Call Center Fee $13.95
VitalChek POS Credit/Debit (counter) $2.50
Expedited Shipping Fee $20-50
italChek.
Automatic Clearing House Authorization
Authorization Agreement
I hereby authorize LexisNexis VitalChek iNetwork, Inc_ to initiate automatic transfers to the named account at the
financial institution below. I also agree that in the event of a posting error, VitalChek Network, Inc- will adjust the
next payment to offset the error.
Further, I agree that VitalChek Network, Inc- shall not be responsible for any delay or loss of funds due to incorrect
or incomplete information supplied by me or by my financial institution, due to an error on the part of my financial
institution in depositing funds to my account, or otherwise resulting from an event not caused by the gross
negligence or intentional misconduct of VitalChek Network, Inc.
This agreement will remain in effect until either party provides the other party with at least ten (10) days prior written
notice of termination.
Name of Customer:
Customer Address:
Customer Contact: phone #
Email address for transfer communications:
Additional Emails:
--------- Checking Account Information
Name of Financial Institution:
Routing Number:
Acct Number:
Signature
Agency Representative (Print): Fate:
Agency Representative (Signature): Date:
Please Fax Completed Form to: 866.347-1909 — Attn : Nicole Koreba