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HomeMy WebLinkAbout25689AGREEMENT INFORMATION AGREEMENT NUMBER 25689 NAME/TYPE OF AGREEMENT LEXISNEXIS RISK SOLUTIONS DESCRIPTION GOVERNMENT APPLICATION & AGREEMENT/DECIPHERING CELLULAR CALL & CELL SITE LOCATION DATA FOR POLICE/MATTER ID: 25-1499/#22 EFFECTIVE DATE ATTESTED BY TODD B. HANNON ATTESTED DATE 7/14/2025 DATE RECEIVED FROM ISSUING DEPT. 7/28/2025 NOTE a5u2 aQ LexisNexis® Risk Solutions Customer Name: Billgroup #: LN Account Manager: SCHEDULE A -Accurint-TraX- -- - - — - Online (Subscription) Miami Police Department ACC-6953143. Todd Kinsler This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint TraX services ("LN Services"), as set forth in the services agreement for the LN Services between Customer and the LexisNexis Risk Solutions entity as further defined therein ("Agreement"), to which this Schedule A is incorporated by reference. For purposes of the Agreement and this Schedule A, all applicable LexisNexis Risk Solutions entities shall be individually and collectively referred to as "LN". Customer acknowledges that the services provided under this Schedule A are.non-FCRA services. 1. SCHEDULE A TERM The term of this Schedule A will be 24 months beginning October 1, 2024 and ending September.30, 2026 (the 'Term"). If an account is activated after the first day of a calendar month, charges will not be prorated. 2. ACCURINT TRAX FEES 2.1 Annual Subscription Fee: Beginning on the effective date hereof, Customer shall .pay to LN each 12- month period ("Year") an annual subscription fee of $13,500.00 ("Annual Subscription Fee") in exchange for access to and use of the Accurint TraX service. 2.2 Fee Increases: At the end of each Year, the fees herein will be increased 5.00%. 2.3 Accurint TraX Amounts Payable: Customer agrees to pay LN in accordance with any invoice for the fees set forth above. 3. EXPIRATION Unless otherwise accepted by LN, the terms herein are valid if the Schedule A is signed by the Customer and received by LN on or before September 30, 2024. 4. CLOUD SERVICES LN is executing a multi -year plan to move certain LexisNexis Risk Solutions products and services to a cloud environment. Should you have questions regarding this plan, please direct them to your Account Manager. 5. CONFIDENTIAL INFORMATION This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain this Schedule A in trust and confidence and take reasonable precautions against disclosure to any third party to the extent permitted by local and state law. AGREED TO AND ACCEPTED BY: Mi ice Department Signed: Name: Manuel A. Morales Title: Date: Chief of Police Page 1 of 1 h/? Confidential 504621.1v4 Customized Schedule A Accurint TraX (LE and Defense) Any unauthorized revisions to this Schedule A by Customer after receipt of the final version from LN shall be considered unenforceable, and may void this Schedule A at the option of LN. LexisNexis Risk Solutions Government Application & Agreement The information submitted on this Application will be used to determine the applicant's eligibility for accessing the services and products of LexisNexis Risk Solutions FL Inc. and its affiliates (hereinafter "LN"). To avoid delay, please provide all information requested. -By submitting -this Application, -the applicant hereby -authorizes LN to -independently -verify -the informationsubmitted and perform research about the individuals identified. Acceptance of this Application does not automatically create a business relationship between LN and the applicant. LN reserves the right to reject this Application with or without cause and to request additional information. Applicant acknowledges and understands that LN will on y allow applicant access to the IN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures. :"4 Section*Minty iiotiiiati iff plea dci not use abbreinaticnii =' _. Full legal name of agency: " C�-I-v O-k- fr grtf PaItc - , FRr�tn+..._...... Main phone numberfor address• = : 36S tao3 Gtrg' Es 'If this is a cell, additional documents may be required If this application is for an additional account, Parent account number -. Fax number _ = Physical Address where LN services will be accessed - P.O. Box/Mail Drops cannot be accepted (street, city, state, zip): 400 NW a e- r icon-, i f PL.- 33 (2 S" Previous address if at the current address less than 6 mos: Website address- ExtemaLAgency IPAddress (https://www.whatismylP.com):_ wvsrw.rriar-•i — pot c.c.. o1:3 IL{5 .91. 193. 19`-1 External Agency IP Range- From: External Agency IP Range -To: ' " ,Agency ■ information: Federal Government ■ Federal Law Enforcement 'Local/,Municipal Government ■ State Government ■ State Law Enforcement ■ Local/Municipal Law Enforcement ❑ Other (please explain): i �� ��..fi�-.,''��^�'��'�:.�'_�°�OLicvi-�fl/�l�iUd�OlSr"isii-sl�u+e3oGm9ndJf.thi'�441:'. Product Administrator or Main Contact (first & last name)::. S-j-cvCn ., Cqs-} c ({ Title: L.1 tt.)-f".f_nccil -�-- E-Mail Address: 0`�38-err,ian,,-pot,c-t., o, . -.. Admin IP Address (o,io.St, PI Required for local and municipal agencies: Administrator Home Address (street, city, state, zip): b0 NW 2 Otte. i4ne11 Ft- 31 2�.. `.BectionHI Iiningfnfotgiation Administrator Dat- of Birth .. . , i 13 ( ?6— Billing Co tact (first & last name : check here if same as Administrator ■ _ Title: Billing Address (street, city, state, zip): ; L(oo tv c�c 2 Pr YY� i co. i / 33 �.2_g _ Telephone " ;- . t d K; 3 os (a 0 3. GI c•C O E-Mail Address. - " _ _ - __ U� 3r e. m t C<rs�.i — �1 i cc, . a,,el Sales Tax Exempt: : - ;.:... ❑ No ZYes - please provide proof of exemption Do you require a PO number on invoice: - Hr _ ❑ No ('Yes if Yes, provide PO Number. Bec6oa V „)Business ii:BusiiiessVenaor".Referent$``=' Required for local and municipal agencies: Company Name - _ . _ • ..... _ J.:.-'.:.::::,.3.: Contact _ _. _... .: Business Address (street, city, state, zip): , Contact Phone Number: E-mail Address: Account Number (if applicable): . LNRS Non-KRA Package-Govt (Q3.18.v2) Confidential Page 1 of 6 � <:r , .- ..,-4rj..:.�,.,,a--_+ztt10Ri0=5ftiVIStti) gkias n` ;'. services. By submitting this Application, Applicant to cooperate in its completion. If the contact for provide the site visit contact's information below: Site visits may be required to assure Applicant eligibility for LN products or agrees to authorize a site visit by LN or its approved third -party, and agrees coordinating the site visit is not identified above as the Administrator, please -Contact Name:- - - - -C k 45'Ic-� I Contact Phone: S 321 2-07 Contact Email Address: 41 0&, MiGiM1 o•Iice—•ore `:,:..- , . . : =-:,-.al:aitt e.mtisasidtaidco,.�; Terms and conditions governing the use of the LN Services are available online htto:llwwro.lexisnexis.coMrisk/mastertermshovemment and are incorporated into at this Application & Agreement by reference as if the additional terms and conditions and agrees to `S?� 41-. _,,, ,- e....._ �1?'��,s on behalf of the Agency listed above and that I stated in full herein. By signing below Applicant expressly certifies it has read be bound by them. _ - .�..-tv -d' w�.:vity it • sS.� -. .@- - ..-_ - �...'i.¢e#`+r.�y.�_:�KriR.'-.xvd�s�a:.;�sr�*`..�-'"-�'.<�s .. I HEREBY CERTIFY that I am authorized to execute this Application & Agreement have direct knowledge of the fa is stated above. Date Signed: J d: / �S / Applican Sign lure: Applicant Name: Manuel A. Morales Title: Chief of Police LNRS Non-FCRA Package -Gout (Q3.18.v2) Confidential Page 2 of 6 NON-FCRA PERM�I,SSIBLE USE CERTIFICATION Customer (Company) Name: C t f 'y cam-`1 f ► t4nrt i Po` t ct, DBA: 1 - - -Address -- tF04 N W 2 I v -- -- -Cit State- Zi C 33 (2 cr' — — Contact Name: $-FeNv-48 c kt (( Phone: 70c (003 (as -co REQUIRED Please describe your purpose of use: C! in, l ec- i 447)'LpeS 6 C Stbkje c-5 Sys ed oC v1ol-e„4- ue, c1' names `1 Definitions. Gramm -Leach -Bliley Act, (15 U.S.C. § 6801, et seq.) and related state taws (collectively, the "GLBA") Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA") Law Enforcement Agencies Only: Review and, if appropriate, certify to the following: Customer represents and warrants that it will use the LN Services solely for law enforcement purposes, which comply with applicable privacy laws including, but not limited to the GLBA and the DPPA. To certify, check here: � Proceed to SECTION 3. QUALIFIED ACCESS SECTION 1. GLBA EXCEPTION/PERMISSIBLE PURPOSE - NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and/or display nonpublic personal information that is governed by the privacy provisions of the GLBA. Customer certifies it has the permissible purposes under the GLBA to use and/or obtain such information, as marked below, and Customer further certifies it will use such information obtained from LN Services only for such purpose(s) selected below or, if applicable,. for the purpose(s) indicated by Customer electronically while using the LN Services, which purposes) will apply to searches performed during such electronic Session: ❑ No applicable GLBA exception/permissible use, Proceed to SECTION 2. DPPA PERMISSIBLE USES............. - (At feast one (1) must be checked to be permitted access to GLBA data) I L I 1 As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer. • As necessary to effect, administer, or enforce a transaction requested or authorized by the consumer by verifying the identification information contained.in applications. ❑ f To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. • 1 In required institutional risk control programs. ❑ In resolving consumer disputes or inquiries. 0 1 Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer, ❑ 1 Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. 0 In complying with federal, state, or local laws, rules, and other applicable legal requirements. ■ To the extent specifically permitted or required under other provisions of law and in accordance with the Right to Financial Privacy Act of 1978, to law enforcement agencies (including a Federal functional regulator, the Secretary of Treasury, a State insurance authority, or the Federal Trade Commission), self -regulatory organizations, or for an investigation on a matter related to public safety. SECTION 2. DPPA PERMISSIBLE USES - NOT APPLICABLE TO LAW ENFORCEMENT Some LN Services use and/or display personal information, the use of which is governed by the DPPA. Customer certifies it has a permissible use under the DPPA to use and/or obtain such information and Customer further certifies it will use such information obtained from LN Services only for one (1) or more of the purposes selected below or for the purpose(s) indicated by Customer electronically while using the LN Services, which purpose(s) will apply to searches performed during such electronic session: ❑ No permissible use. Proceed to SECTION 3. QUALIFIED ACCESS (At least one (1) must be checked to be permitted access to DPPA data) 0 For use in connection with any civil, criminal, administrative, or arbitral proceeding in any federal, state, or local court or agency or before any self -regulatory body, induding the service of process, investigation in anticipation of litigation, and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only — (A) to verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and (B) if such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing fraud by, pursuing 'legal remedies against, or recovering on a debt or security interest against, the individual. ❑ I Use by a government agency, but only in carrying out its functions. LNRS Non -FORA Package-Govt (Q3.18.v2) Confidential Page 3 of 6 0 111 Use by any person acting on behalf of a government agency, but only in canyfng out the agency's. functions. Use by an insurer (or its agent) in connection with claims investigation activities or antifraud activities. In connection with motor vehicle safety or theft, or driver safety (except by or for a motor vehicle manufacturer). Use by an employer or its agents or insurer to obtain or verify Information relating to a holder of a commercial driver's license that is required under Chapter 313 of Title 49 of the United States Code. For use in providing notice to the owners of towed or impounded vehicles. 0 I For use in connection with the operation of private toll transportation facilities. With regard to the information that is subject to the DPPA, some state laws' permissible uses may vary from the permissible uses identified above. In such cases, some state information may not be available under each permissible use listed above and/or Customer may be asked to certify to a permissible use permitted by applicable state law to obtain information from a specific state. Customer agrees and certifies it will use the information described above only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION 3. QUALIFIED ACCESS Certain users ("Authorized Users') may be able to obtain full social security numbers (nine (9) digits) and driver's license numbers (collectively, "QA Data', when appropriate, through some LN Services. Only those users that are within the Authorized User List below, and that use QA Data for an Authorized Use identified below, may qualify. To potentially qualify as an Authorized User, Customer must certify that its business is within the Authorized User List below and its use of QA Data is within the Authorized Use List below. ❑ Customer is NOT requesting access to QA Data. Proceed to SECTION 4. DEATH MASTER FILE •Customerisrequestingaccess to•QAData:— Complete'thesections'below. What department will be using QA Data? C - 1 r1 i 11;1 ..L nvc,541:10,,f ior1S t 1`S7 drt — P0 1 eQ SOCIAL SECURITY NUMBERS 0 Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS 1. AUTHORIZED USER (At feast one (1) must be checked to receive Social Security Numbers) I Federal, state or local government agency with law enforcement responsibilities. L1 Special investigative unit, subrogation department and claims department of a private or public insurance company for the I purposes of detecting, investigating or preventing fraud. 0 Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collectina debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. ■ Collection department of a creditor. I ■ Collection company acting on behalf of a creditor or on its own behalf. • I Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 2. AUTHORIZED USE (At least one (1) must be checked to receive Social Security Numbers) X I Location of suspects or criminals. ■ I Location of non -custodial parents allegedly owing child support and ex -spouses allegedly owing spousal support. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. ■ Identity verification. ■ Other uses similar to those described above. Describe your use: By selecting above, the Customer certifies that it is an Authorized User, and that it will use Social Security Numbers only for the purpose(s) it designated on the Authorized Use List and for no other purpose(s). DRIVER'S LICENSE NUMBERS 0 Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE 1. AUTHORIZED USER (At least one (1) must be checked to receive Driver's License Numbers) Federal, state or local government agency with law enforcement responsibilities. LNRS Non -FORA Package-Govt (Q3.18.v2) Confidential Page 4 of 6 ■ Special investigative unit, subrogation department and. claims department of a private or public insurance company for the purposes of detecting, investigating or preventing fraud. • Financial institution for the purposes of (a) detecting, investigating or preventing fraud, (b) compliance with federal or state laws or regulations, (c) collecting debt on their own behalf, and (d) such other uses as shall be appropriate and lawful. _I Collection department_of a creditor. ■ Collection company acting on behalf of a creditor or on its own behalf. ■ Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 2. AUTHORIZED USE (At feast one (1) must be checked to receive Driver's License Numbers) Location of suspects or criminals. ■ Location of non -custodial parents allegedly owing child support and ex -spouses allegedly owing spousal support. • Location of individuals alleged to have failed to pay taxes or other lawful debts. • Identity verification: ■ Other uses similar to those described above. Describe your use: By selecting above, the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for the purpose(s) it designated on the Authorized Use list and for no other purpose(s). SECTION 4. DEATH MASTER FILE For access to Limited Access DMF Data only. ❑ No permissible purpose. Proceed to AUTHORIZATION AND ACCEPTANCE OF TERMS I. Definitions. For purposes of this Certification, these terms are defined as follows: a. DMF Agreement: The limited Access Death Master File Non-federal Licensee Agreement for Use and Resale executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The DMF Agreement form is found at WWW.lexisnexis.com/risk/DMFDocuments. b. Certification Form: The Limited Access Death Master File Subscriber Certification Form executed by LexisNexis Risk Data Retrieval Services LLC, on behalf of itself, its affiliates and subsidiaries, and its and their successors, with the federal government (NTIS, as below defined). The Certification Form is found at www.lexisnexis.com/risk/DMFDocuments. c. DMF: The federal Death Master File. d. NTIS: National Technical Information Service, U.S. Department of Commerce e. Open Access DMF: The DMF F product made available through LN, which obtains the data from NTIS, and which does not include DMF with respect to any deceased individual at any time during the three -calendar -year period beginning on the date of the individual's death. Open Access DMF data should not be accessed pursuant to this Certification but should be accessed pursuant to a customer contract for such DMF data that is not Limited Access DMF. f. Limited Access DMF: Limited Access DMF includes DMF data with respect to any deceased individual at any time during the three -calendar -year period beginning on the date of the individual's death. Limited Access DMF is made available through LN as a Certified Person, by NTIS. This Certification governs Customer's access to Limited Access DMF from LN (or the applicable LN affiliate), whether full or partial Limited Access DMF records or indicators of deceased status, and via any format, including online, XML feed, or in-house file processing through EN. 11. Certification. Customer's access to the Limited Access DMF requires certification of purpose, as required by 15 CFR Part 1110 and section 1001 of Title 18, United States Cede. Customer hereby certifies that it has the indicated permissible purpose(s) under part (a) of this Section II ("Certification") and that it meets the requirements of part (b) of this Section II: . (a) Such Customer has a legitimate fraud prevention interest, or has a legitimate business purpose pursuant to a law, governmental rule, regulation, or fiduciary duty, will use the Limited Access DMF only for such purpose(s), and specifies the basis for so certifying as (choose any applicable purposes that apply to Customer's use): Legitimate Fraud Prevention Interest: Customer has a legitimate fraud prevention interest to detect and prevent fraud and/or to confirm identities across its commercial business and/or govemmerit activities. ❑ Legitimate Business Purpose Pursuant to a Law, Governmental Rule, Regulation, or Fiduciary Duty: Customer has one or more of the purposes permitted under 42 USC 1306c including fraud prevention and ID verification purposes. Customer's specific purpose(s) for obtaining Limited Access DMF data under this Certification is: ❑ Fraud Prevention and identity verification purposes LNRS Non-FCRA Package -Gout (Q3.18.v2) Confidential Page 5 of 6 and -(b) -Customer-has-systems,—facilities, and -procedures -in -place -to safeguard -Limited -Access DMF; and-experiencein-maintainingthe- confidentiality, security, and appropriate use of such information, pursuant to requirements similar to the requirements of section 6103(p)(4) of the Internal Revenue Code of 1986, and (c) Customer agrees to satisfy the requirements of such section 6103(p)(4) as if such section applied to Customer. ❑ For uses permitted or required by yaw ❑ For uses permitted or required by.governmental cafes ❑ For uses permitted or required by regulation ❑ For uses necessary to fulfill or avoid violating fiduciary duties III. Flow -down Agreement Terms and Conditions The Parties agree to follow the Flow -down Agreement Terms and Conditions found at www.lexisnexis.com/risk/DMFDocuments, which are incorporated into this Certification by reference. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that I have direct knowledge of the facts stated above and that I am authorized to execute this Certification on behalf of the Customer listed above. LNRS Non-KRA Package-Govt (Q3.18.v2) CUSTOMER: Signature Print Name Title Dated Manuel. A. Morales Chief of Police , 7 j7/ (mm/dd/yy) Confidential Page 6 of 6 'LexisNexis Risk Solutions CITY OF MIAMI, a Florida Municipal Corporation By: Arthur Noriega Y, City Manager Attest: Approved as to Form and Correctness: B W eorge K. Wysong, III, City Attorney (JCP / 25-1499 - LexisNexis Risk Solutions FL Inc. - ZetX Software - Cellular call & cell site location site - Risk Solutions Government Application & Agreement) Approved as to Insurance Requirements: �; By: Date: David Ruiz, Interim Director Risk Management Date: 7(/D/ar— Date: Date: Counterparts and Electronic Signatures. This Agreement may be executed in any number of counterparts, each of which so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same Agreement. The parties shall be entitled to sign and transmit an electronic signature of this Agreement (whether by facsimile, PDF or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Agreement upon request.