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R16-044 RESOLUTION NO. R16 -044 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN ATACRAIDS PREDICTIVE POLICING • SOFTWARE AGREEMENT FOR THE PURCHASE OF PREDICTIVE POLICING SOFTWARE PROGRAM IN THE FIRST YEAR AMOUNT OF $21,900 AND PROVIDING AN EFFECTIVE DATE. 10 1 1 WHEREAS, as part of the Police Department's efforts to create a predictive 1 ; policing program staff as researched Predictive Policing Programs and found the only one 1 , compatible to work with the current RMS system, extract data and provide crime analysis 1' and predictive analytics is the ATACRAIDS program offered by LexisNexis; and 16 WHEREAS, every officer in the department would have access to the ATACRAIDS 1 program and would be able to see where crimes are occurring in the City and the program 13 will predict where crimes will potentially occur in the future to allow deployment of 1 r, resources to those locations; and 20 WHEREAS, the department is requesting the Commission to authorize the City 2 Manager to sign a ATACRAIDS predictive policing software Agreement along with any 2' other documents required with an initial amount of $21,900 for the first year and annual 2; costs of $12,000 thereafter. 2' NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 ) THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 2; Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2' being true and correct and are hereby made a specific part of this Resolution upon adoption 2; hereof. 21 Section 2. The City Commission of the City of Boynton Beach, Florida does S:\CC \WP \Resolutions12016\R16 -044 ATACRAIDS_Agreement_ _Reso.docx 3n hereby approve and authorize the City Manager to sign a ATACRAIDS predictive policing 3! software Agreement along with any other documents required with an initial amount of 3' $21,900 for the first year and annual costs of $12,000 thereafter, a copy of which is attached 3 ; hereto as Exhibit "A ". 3' Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this /0 - 'day of 1 [. tc. , 2016. 3. 3 ' CITY OF BOYNTON BEACH, FLORIDA 3:; 3 `' YES NO 43 4 Mayor — Jerry Taylor 4' 4 : Vice Mayor — Joe Casello 4 4 Commissioner — Justin Katz 4 <. 4 ' Commissioner — Mack McCray 43 41 Commissioner — Michael M. Fitzpatrick 5« 5 5 VOTE 5; ATTEST: 5 5. 5 ' J c ith A. Pyle, CMC 5;; 'Interim City Clerk 6 6' (Corporate Seal) 55" A W fi 36 E+' S: \CC \WP \Resolutions \2016 \R16 -044 ATACRAIDS Agreement_ Reso.docx x'1`6 1 1 RAIDS and ATACRAIDS Addendum This Addendum sets forth additional or amended terms and conditions for the use of RAIDS and /or ATACRAIDS (the "LN Services" provided herein), which are in addition to, and without limitation of, the terms and conditions set forth in the services agreement between the customer identified below ( "Customer ") and LexisNexis Risk Solutions FL Inc. or its aff=iliated entity ( "LN ") for the LN Services (such services agreement, the "Agreement "). Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement. L Government Case Data Exchange Database 1. LN maintains the LexisNexis® Public Safety Data Exchange Database ( "PSDEX'), which contains information related to public safety and state and local law enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and enhanced by LN data and technology. 2. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute public safety information that may be used for analysis, investigations and reporting. (the "Customer Data Contribution "). 3. LN's obligations. a. LN agrees to provide PSDEX information to Customer. b. LN agrees to provide Customer with instructions for submitting information to the PSDEX database and for using the PSDEX service. c. LN agrees and Customer acknowledges that it will not make available to Customer the source(s) of the PSDEX reports submitted by other PSDEX customers except as required by law or a court of competent jurisdiction and except when such LN customer provides information regarding potential fraud committed by its own employees /agents. 4. Customer obligations. a. Customer agrees to submit to LN, with reasonable promptness and consistency, Customer Data Contributions. b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data Contributions submitted to LN and that it shall use reasonable care to ensure the information submitted is a reasonable reflection of the actual report. Each submission to LN with respect to an incident or subject constitutes a Customer Data Contribution. c. Customer's disclosure of information to LN is and will be in compliance with all applicable laws, regulations and rulings. d. Customer agrees to notify LN promptly of any change in status, factual background, circumstances or errors concerning any Customer Data Contribution previously provided to LN. Customer further agrees to submit corrected information in a timely manner. Customer agrees that it will fully and promptly cooperate with LN should any inquiry about the Customer Data Contributions arise. e. The following named individual /department shall.serve as the contact person(s) for submissions made to LN. The contact person shall respond to requests from LN for clarification or updates on incident reports submitted by Customer during normal business hours, and Customer . will not reasonably withhold from LN information on any such submission. LN shall not reveal the identity of the Customer's contact person(s) to any other PSDEX customer. Name: Richard McNevin Title: Captain, PD Address: 3:00 E. Boynton Beach Blvd. Boynton Beach, FL 33435 Phone; (561) 742 -6124 Fax: (561) 742 -6185 Email: mcnevinr @bbfl.us f. Customer agrees that it will access information contributed to PSDEX by other customers only through LN. g. Customer agrees that LN and all other PSDEX customers shall not be liable to Customer, and Customer hereby releases LN and all other PSDEX customers from liability to Customer, for any claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by LN or RAIDS ATACRAIDS Addendum (Q3.15.v1) Confidential Page 1 of 2 each such other PSDEX customer's negligence, gross negligence, willful misconduct and other acts and omissions in reporting or updating incidents of alleged wrongdoing for inclusion in PSDEX. Other PSDEX customers are intended to be third party beneficiaries of this paragraph. II. General Terms 1. LICENSE GRANT. Customer, at no charge, hereby grants to LN a paid up, irrevocable, worldwide, non- exclusive license to use, adapt, compile, aggregate, create derivative works, transfer, transmit, publish and distribute to PSDEX customers the Customer Data Contributions for use in PSDEX and all successor databases and /or information services provided by LN, 2. GOOGLE GEOCODER. LN used Google Geocoder to geocode address locations that do not already contain "X" and "Y" coordinates, Any "X" and "Y" coordinate information provided by the Customer is assumed by LN to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google Geocoder as displayed in PSDEX are approximate due to automated location methods and address inconsistencies. 3. DATA DISCLAIMER. LN is not responsible for the loss of any data or the accuracy of the data, or for any errors or omissions in the LN Services or the use of the LN Services or data therein by any third party, including the public or any law enforcement or governmental agencies. 4. LINKS TO THIRD PARTY SITES, PSDEX may contain links or produce search results that reference links to third party websites ( "Linked Sites "). LN has no control over these Linked Sites or the content within them. LN cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites, including, without limitation other links, is accurate, legal, and /or inoffensive. LN does not endorse the content of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful code. By using PSDEX to search for or link to Linked Sites, Customer agrees and understands that such use is entirely at its own risk, and that Customer may not make any claim against LN for any damages or losses whatsoever resulting from such use. 5. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and owned by that customer. Unless otherwise indicated by such customer, all data will be retained by LN and remain accessible by the general public and /or other PSDEX customers in accordance with the provisions of this Addendum. AUTHORIZATION AND ACCEPTANCE I HEREBY CERTIFY that I am authorized to execute this Addendum on behalf of Customer. Required: Customer ORI number (Originating Agency Identifier): FT, 0 50 0 30 0 CUSTOMER: Cit of c. s .. - : - . • Signature: A.. { Print: Lori LaVerriere Title: City Manager Date: 3. 26- 20110 RAIDS ATACRAIDS Addendum (Q3.15.v1) Confidential Page 2 of 2 1AEJR � r LexisNexlsr Canfidential ANAITFIC, ATACRAIDS Account Setup Worksheet Only fully completed worksheets will be accepted. (1) Agency Information Type of Agency _ Federal Government ❑ Federal Law Enforcement ❑ State Government (Circle /Highlight One) ❑ State Law Enforcement © Local /Municipal Government Municipal Law Enforcement ORI Number: FL 0 5 0 0 3 0 0 Number of Sworn Officers: 150 Agency Name City of Boynton Beach Police Department Agency Address 100 E. Boynton Beach Blvd., Boynton Beach, FL 33435 Main Agency Phone Number 561- 742 -6100 Main Contact Name Richard McNevin City: Boynton Beach County: , palm Beach State: Florida zip::33435 Choose One: El Sheriff [2 Police Department website: www. bbpd. org IP Address or Range 151;132.105.205 • Number of Analysts: 2 Population of Jurisdiction: 70,000 (2) Do your addresses contain cities? YES (Example: "150 S. Broadway, Denver ") a NO (Example: "150 5. Broadway ) (3) Data Coordinates Latitude and Longitude Coordinates: 26.5284 3 , - 8 0. 0 6 311 Southwest Latitude and Southwest Longitude Coordinates 2 ti 4 8 d 1 0 4� - 80.114386 Northeast Latitude and Northeast Longitude Coordinates 26. 5 7 2 5 9 6, - 80.074426 Are your coordinates in Decimal Degree or Projected format? Decimal Degree ❑ Projected: (For example: NAD 1983 State Plane North Carolina PIPS 3200 Feet) (4) Former Crime Mapping Service Former Crime Mapping Service (If Any): . ' �� �. O U=� U ^�^/ �] ����"� K_��/�}��| �exis~ S ' „ _ ' (5) Translation Services required (Enter all that apply) E CAD RrVIS Ballistics CRASH � Offender � LPR �� �� Other: - _ �U{N�T6e��ar��xv�hthepobU k) Check any c�mecategories that you public „ _ „ „...„. '' '_ • Homicide E Motor Vehicle Theft L Burglary from Vehicle El Attempted Homicide El Arson E] Disorderly Conduct X Death Investigation El DUI F- Alcohol • Sexual Assault ID Drugs Traffic • Sexual Offense � Vandalism E Weapons F- Robbery Commercial E Robbery Individual n Aggravated Assault �� Simple As � | | Shoplifting [] Theft �� �au Li Burglary Commercial El Burglary Residential El Fraud Other Criminal El Other Non-Criminal [- Theft Other - ' ' - ' ' - - _' - - • (7) Select the method you will be using to retrieve data.from your Record Management System - ' . „ _ Records Management System (RR«S) Name and Version: Crime Web by Queues lCofortlz • Development Inc. \/7.01.000I9 Yes | would like anonymous tips on Include Anonymous Tips- RAIDS Online. Please include the point of Your agency can add the anonymous tip feature [l contact at your agency that will receive .to RAIDS OnIine and receive emailed tips. the anonymous tips. Main Contact Name: Richard McNevin nte: Captain \ ' Main Contact Email: mooenioz@bbfl.00 � Main Contact Phone: 561 ' . 2 I LexisNexis Risk Solutions Government Application & Agreement I 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 information submitted 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 only allow applicant access to the LN Services if applicant's credentials can be verified in accordance with LN's internal credentialing procedures. :" : :: `i';'; , 4?A : e cy nfor atron • @ alas iations,. .._ ,' i Full legal name of agency: Main phone number for address *: , 561- 742 -6100 City of Boynton Beach - Police Department *tfthisrs a cell, additional documents maybe required If this application is for an additional account, Parent account' number: Fax "number, 561- 742 -6185 PhysicarAddress where LN services will be accessed : Previous :address if at the current address less than 6 mos: P.O. Box /Mail Drops cannot be accepted (street, city, state, zip): _ 100 E. Boynton Beach Blvd. • • •• : -__• -1,33-4-3-5 Website address: External Agency IP Address (https: / /www,whatismyIP.com): www_bbpd.or 151.132.105.205 External Agency IP Rang From: . External Agency IP Range -To: N/A ^ N/A Agency information: ' ❑ Federal Government ❑ Federal Law Enforcement ❑ Local /Municipal Government ❑ State Government ❑ State Law Enforcement ❑ Local /Municipal Law Enforcement ❑ Other (please explain): -s . = �ectio ritk5Adminrstr : tor Main "Con n "att °,..,%60 �;:"'; ; x = �,a P } k F .,:.. w. ° - t . 'a. rt 8 � +,, +"y e x._ + e ; sC', i ? f " :,+ ;: y , ',',,;;°:;:::: ' ( or ddit'o al a i istr' tors pieas4 oxide add%,t(onalksheets}�,, ;' : t ` , " P. , : =„ r a t< Product Administrator or Main Contact (first & last name): Title: Richard Nici�vi a_ Captain E -Mail Address: Admin IP Address: _ mcnevinr@bbfl.us Required for local and municipal agencies: 1 Administrator Home Address (street, city, state, zip): " Administrator Date of Birth: ' 5/23/1971 . ,,• ".e" ?,ik; :4f :-r x71, ': 'ect ioijf�J�j 3i ling lnfvr anon-` ; ;:`'t' `b. 'd; . t; . ; a : .?a Billing Contact (first & last name):, check here if same as Administrator. ❑ Title: . Billing Address (street, city, state, zip): ' Telephone: , ' E -Mail Address: Sales Tax Exempt: ❑ No ❑ Yes - please provide proof of exemption Do you require a PO number on invoice: " - ❑ No ❑ Yes If Yes, provide PO Number: q �_:a '• - '"; { , ;Section IV Business to -Bus tress Ve dor rye ,, - ' ' "L°� . , tit }: Required for local and municipal agencies: Company Name: _ Coritact: Business Address (street, city, state, zip):. Contact Phone Number: . E -mail Address:. — Account Number (if applicable): LNRS Application Agreement Govt (Q1.15,v2) Confidential Page 1 of 2 rtmiliAstios,)-r, I Site visits may be required to assure Applicant eligibility for LN products or services, By submitting this Application, Applicant agrees to authorize a site visit by LN or its approved third-party, and agrees to cooperate in its completion. If the contact for coordinating the site visit is not.identified above as the Administrator, please provide the site visit contact's information below: Contact Name: ° ' ' , , . Contact Phone: 1 , , Contact Email Address: ''''' ' l';'. '..: ""ill'.: siMiri.s '3 " ' : Terms and conditions governing the use of the LN Services are available online at htto://www.lexisnexis.com/risk/masterterms/government and are incorporated into this Application & Agreement by reference as if stated in full herein. By sighing below Applicant expressly certifies it has read the additional terms and conditions and agrees to be bound by them. rrj; ' ' ..;: i t ' 4 — 041W 7.' ' tt" .i.*..MK".. I HEREBY CERTIFY that I am authorized to execute this Application & Agreement on behalf of the Agency listed above and that I have direct knowledge of the facts stated above. Applicant Signa rsy. .... -y ot., . i , + , + _ Date Signed: 25 0 1 v j2.4. 4 . 4 .4C...e..e....-.- Lori LaVerriere City Manager 1 ! , 1 1 LNRS Application Agreement Govt (Q1.15.v2) Confidential Page 2 of 2 Non-FCRA Addendum to the LexisNexis Master Terms and Conditions (form LNMTC) I This Non FCRA Addendum (the "Non - FCRA Addendum ") is entered into as of (the "Effective Date "), by and between LexisNexis Risk Solutions FL Inc. and its Affiliates (hereinafter, "LNRSFL "), with its principal place of business located at 1000 Alderman Drive, Alpharetta, Georgia 30005 and City of Boynton Beach Police Dept. (hereinafter, "Customer "), with its principal lace of business located at 10 F Royntnn Beach R1 �rc1. Boynton Beach, FL 3343 , each individually referred to as the "Party" and collectively as the "Parties." WHEREAS, Customer has executed the LexisNexis Master Terms and Conditions (form LNMTC) (the "Master Terms ") for the LN Services (as defined in the Master Terms); and WHEREAS, the Parties wish to add certain terms and conditions to the Master Terms to govern the provision of Non -FCRA LN Services (as defined below). NOW, THEREFORE, LNRSFL and Customer agree to be mutually bound by the additional terms and conditions -of this Non -FCRA Addendum, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, do hereby agree as follows: 1. Non - FCRA Use Restrictions. The LN Services provided pursuant to this Non -FCRA Addendum and described in a Schedule A (as defined in the Master Terms) as Non -FCRA are not provided by "consumer reporting agencies," as that term is defined in the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ( "FCRA ") and do not constitute "consumer reports," as that term is defined in the FCRA (the "Nan - FCRA LN Services "). Accordingly, the Non -FCRA LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another purpose in connection with which a consumer report may be used under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the Non -FCRA LN Services to determine, in whole or in part an individual's eligibility for any of the following products, services or transactions: (1) credit or insurance to be used primarily for personal, family or household purposes; (2) employment purposes; (3) a license or other benefit granted by a government agency; or (4) any other product, service or transaction in connection with which a consumer report may be used under the FCRA or any similar state statute, including without limitation apartment rental, check - cashing, or the opening of a deposit or transaction account; (8) by way of clarification, without limiting the foregoing, Customer may use, except as otherwise prohibited or limited by this Non -FCRA Addendum, information received through the Non - FCRA LN Services for the following purposes: (1) to verify or authenticate an individual's identity; (2) to prevent or detect fraud or other unlawful activity; (3) to locate an individual; (4) to review the status of a legal proceeding; (5) to collect a debt, provided that such debt collection does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; or (6) to determine whether to buy or sell consumer debt or a portfolio of consumer debt in a commercial secondary market transaction, provided that such determination does not constitute in whole or in part, a determination of an individual consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes; (C) specifically, if Customer is using the Non -FCRA LN Services in connection with collection of a consumer debt on its own behalf, or on behalf of a third -party, Customer shall not use the Non -FCRA LN Services: (1) to revoke consumer credit; (2) to accelerate, set or change repayment terms; or (3) for the purpose of determining a consumer's eligibility for any repayment plan; provided, however, that Customer may, consistent with the certification and limitations set forth in this Section 1, use the Non -FCRA LN Services for identifying, locating, or contacting a consumer in connection with the collection of a consumer's debt or for prioritizing collection activities; and (D) Customer shall not use any of the information it receives through the Non -FCRA LN Services to take any "adverse action," as that term is defined in the FCRA. 2. General. Customer and LNRSFL agree that: (i) capitalized terms used herein but not otherwise defined herein shall have the meanings ascribed to them in the Master Terms; (11) this Non -FCRA Addendum modifies and amends only those specific terms of the Master Terms expressly referenced herein; and (iii) all terms of the Master Terms are hereby restated as if written herein, shall remain in full force and effect, and shall constitute the legal valid, binding and enforceable obligations of the parties; and (iv) the LexisNexis Risk Solutions Application, the Master Terms, the Non -FCRA Addendum and the applicable Schedules A are collectively referred to as the "Agreement" for purposes of governing the provision and use of the Non -FCRA LN Services. AUTHORIZATION AND ACCEPTANCE OF TERMS I HEREBY CERTIFY that 1 am authorized to execute this Non -FCRA Addendum on behalf of the Customer listed above. CUSTOMER: I, Signature J� V f , Print Name T,nri T,aVerri Pre Title City Manager � Dated 3.25. ZO (mm /dd /yy) LNRS Non -FCRA Addendum (Q4.14.v1) Confidential Page I of 1 I NON -FCRA PERMISSIBLE USE CERTIFICATION Customer (Company) Name: Cit of Boynton Beach Police Department DBA: Address 10 0 E . Boynton Beach .City; ;State, Zip: Boynton Beach , FL 33 4 35 Contact Name: . gi c -har_c McN vin Phone: 561 - 742 -6124 REQUIRED Please describe vour nuroose of use: Law Enforcement Investigations Definitions. Gramm- Leach - Bliley Act, (15 U.S.C. § 6801, et seq.) and related state laws (collectively, the "GLBA ") Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA ") Lawv Enforcement Agencies Off: 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 purpose(s) will apply to searches performed during r such electronic session: ❑ No applicable GLBA exception /permissible use. Proceed to SECTION 2. DPPA PERMISSIBLE USES (At least one (1) must be checked to he permitted access to GLBA data) ❑ As necessary to effect, administer, or enforce a transaction re_g uested 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. ❑ To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. ❑ In required institutional risk control programs. i ❑ In resolving consumer disputes or inquiries. , ❑ Use by persons, or their representatives, holding a legal or beneficial interest relating to the consumer. ❑ Use by persons acting in a fiduciary or representative capacity on behalf of the consumer. • ❑ 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 SELi1ON 3. QUALIFIED ACCESS (At least one (1) must be checked to be permitted access to DPPA data) ❑ ' 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, Including the service of process, investigation in anticipation of litigation, and 1 the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state, or local court. • 1 LNRS Non -FCRA Perm Purp Cert.(Q4,14.v1) Confidential Page 1 of 4 ❑ 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. ❑ Use by a government agency, but only in carrying out its functions. ❑ Use by any person acting on behalf of a government agency, but only in carrying out the agency's function's.. , ❑ 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. ❑ 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 CCustomer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? Location of suspects and identity verification SOCIAL SECURITY NUMBERS ❑ Not an authorized user. Proceed to DRIVER'S LICENSE NUMBERS ' 1 . . AUTHORIZED USER (At least one (1) must be checked to receive Social Security Numbers) Federal, state or local government agency with law enforcement responsibilities. 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. ❑ Collection department of a creditor. O 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 least one (1) must be checked to receive Social Security Numbers) t . Location of suspects or criminals. ❑ Location of non - custodial parents allegedly owing child support and ex- spouses alieg_edly owing spousal support. ❑ Location of individuals alleged to have failed to pay taxes or other lawful debts. Ig Identity verification. ❑ Other uses similar to those described above. Describe your use: LNRS Non -FCRA Perm Purp Cert (Q4.14.v1) Confidential Page 2 of 4 I 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 ❑ Not an authorized user. Proceed to SECTION 4. DEATH MASTER FILE I 1. AUTHORIZED USER (At least one (1) must be checked to receive Driver's License Numbers) x® Federal, state or local government agency with law enforcement responsibilities. • ❑ 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, ❑ 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 least one (1) must be checked to receive Driver's License Numbers) Ex 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.Iexisn exis. 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 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 LN. LNRS Non -FCRA Perm Purp Cert (Q4.14.v1) Confidential Page 3 of 4 IL 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 Code. 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): f 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 government 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 LI For uses permitted or required by law For uses permitted or required by governmental rules For uses permitted or required by regulation ❑ For uses necessary to fulfill or avoid violating fiduciary duties and (b) Customer has systems, facilities, and procedures in place to safeguard Limited Access DMF, and experience in maintaining the 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. • 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. CUSTOMER: Signature ip 0 A4.- YCA414. Print Name Lori LaVerriere Title City Manager Dated 3. 2.6- 2O,b (mm /dd /yy) LNRS Non -FCRA Perm Purp Cert (Q4.14.0) Confidential Page 4 of 4 LexisNexis Risk Solutions SCHEDULE A ATACRAIDS via Accurint for Law Enforcement (Subscription) Agency (Customer) Name: Boynton Beach Police Biilgroup #: LN Account Manager: Don Barnes This Schedule A sets forth additional or amended terms and conditions for the use of the ATACRAIDS services ( "LN Services "), as set forth in the services agreement between Customer and LN or LN's affiliate(s) for the LN Services ( "Agreement"), to which this Schedule A is incorporated by reference. The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc. ( "LN "). Customer acknowledges that the services provided under this Schedule A are non -FCRA services and are not "consumer reports" within the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to be characterized as "consumer reports ". This Schedule A governs the use of the ATACRAIDS services listed herein, but not the separate use of any Accurint for Law Enforcement services. 1. SCHEDULE A TERM The term of this Schedule A will be 12 months beginning April 1, 2016 (the "Initial Term "). The Initial Term shall automatically renew for additional periods of tvvelve (12) months (each one, a "Renewal Term "), unless written notice of termination is provided to either party at least sixty (60) days prior to the expiration of the Initial Term or any Renewal Term. If an account is activated after the first day of a calendar month, charges will not be pro- rated. 2. ATAC REGIONAL ANALYSIS AND INFORMATION DATA SNARING ( "ATACRAIDS ") FEES 2.1 Customer shall pay to LN each 12 -month period ( "Year ") of the Schedule A Term beginning on the effective date hereof an annual license fee of $12,000.00 ( "ATACRAIDS Annual License Fee ") which shall be invoiced in 12 equal monthly installments of $1,000.00 per month, in exchange for access to and use of the ATACRAIDS service. The ATACRAIDS Annual License Fee shall include one standard Offender Data Translation. Customer shall pay to LN a one -time fee of $2,400.00 per file translated for any additional Offender Data Translation ( "Additional Translation Fees "). For each Year of any Renewal Term, the ATACRAIDS Annual License Fee and Additional Translation Fees will be increased 4.00 %. 3. ADDITIONAL ANNUAL FEES Customer elects to order the product options set forth below and will pay to LN the corresponding annual fees which shall be invoiced in 12 equal monthly installments. Product Options Additional Annual Fee �. RMS Translation $2,400.00 CAD Translation $2,400.00 Total Additional Annual Fees $4,800.00 4. ONE-TIME FEES Customer elects to order the product options set forth below and will pay to LN the corresponding one -time fees, Product Options One Time Fee Onsite 3 day ATACRAIDS training $5,100.00 RAIDS Online Public Crime Map $00.00 Total One -Time Fees $5,100.00 Page 1 of 2 226895.1v2 Customized Schedule A ATACRAIDS - Online (Subscription) 5. 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 March 15, 2016. 6. 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 Schedule A in trust and confidence and take reasonable.precautions against such disclosure to any third party. AGREED TO AND ACCEPTED BY: Boynton Beach Police Signed: Name: Lori LaVerriere Title: City Manager �J F� Date: 3.2_0- WIl Page 2 of 2 226,895,1v2 Customized Schedule A ATACRAIDS - Online (Subscription) RESOLUTION NO. R16 -044 A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, APPROVING AND AUTHORIZING THE CITY MANAGER TO SIGN AN ATACRAIDS PREDICTIVE POLICING O ICING SOFTWARE AGREEMENT FOR THE PURCHASE OF PREDICTIVE POLICING SOFTWARE PROGRAM IN THE FIRST YEAR AMOUNT OF $21,900 AND PROVIDING AN EFFECTIVE DATE. 111 1 1 WHEREAS, as part of the Police Department's efforts to create a predictive 1 ; policing program staff as researched Predictive Policing Programs and found the only one 1, compatible to work with the current RMS system, extract data and provide crime analysis and predictive analytics is the ATACRAIDS program offered by LexisNexis; and 1; WHEREAS, every officer in the department would have access to the ATACRAIDS 1 ' program and would be able to see where crimes are occurring in the City and the program 1:c will predict where crimes will potentially occur in the future to allow deployment of 11 resources to those locations; and 21t WHEREAS, the department is requesting the Commission to authorize the City 2, Manager to sign a ATACRAIDS predictive policing software Agreement along with any 2 ' other documents required with an initial amount of $21,900 for the first year and annual 2 . costs of $12,000 thereafter. 2 , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 2 . THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 21, Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 2' being true and correct and are hereby made a specific part of this Resolution upon adoption 2 3 hereof, Section 2. The City Commission of the City of Boynton Beach, Florida does S:1CC1WP1Resolutlons 20161R16 -044 ATACRAIDS Agreement_ Reso.docx 31► hereby approve and authorize the City Manager to sign a ATACRAIDS predictive policing 3 i software Agreement along with any other documents required with an initial amount of 3 ' s $21,900 for the first year and annual costs of $12,000 thereafter, a copy of which is attached 3 : hereto as Exhibit "A ". 3 Section 3. This Resolution shall become effective immediately upon passage. 3 PASSED AND ADOPTED this /0 of 714/' -6i4_, , 2016. 31. 3 ' CITY OF BOYNTON BEACH, FLORIDA 33 3'. YES NO 4 1 41 Mayor — Jerry Taylor 4' 4 Vice Mayor — Joe Casello • 4 / 4 , Commissioner — Justin Katz 4 . / 4 ' Commissioner — Mack McCray ✓ / 44 ' ; Commissioner — Michael M. Fitzpatrick 5 11 5 5• VOTE 6j'° 5_: ,ATTEST: 5• 5. 5 • ;4(Z--d' h A. Pyle, CMC 5,: Interim City Clerk "' >'` ty y . � ,. ' 6 i' 6' (Corporate Seal) .E „� `. S:ICCIWP1Resolutions120161R16 - 0 4 4 ATACRAIDS_Agreement_- _Reso.dacx •