HomeMy WebLinkAboutC-10117-1 - Accurint Virtual Crime Center/Accurint Crime Analysis/LexisNexis Community Crime Map/"CC XML Addendum"Accurint Virtual Crime Center/Accurint Crime Analysis/
LexisNexis Community Crime Map/
"CC XML Addendum
Consortium Sub -Agency
This Accurint Virtual Crime Center/Accurint Crime Analysis/LexisNexis Community Crime Map/AVCC XML Addendum
("Addendum") sets forth additional or amended terms and conditions for the use of Accurint Virtual Crime Center;
Accurint Crime Analysis; LexisNexis Community Crime Map; and/or AVCC XML (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 Consortium Lead Agency Orange County Sheriff's Department and LexisNexis Risk Solutions FL Inc. or its affiliated
entity ("!_N'� for the LN Services (such services agreement, the "Agreement'. As the Consortium Sub -Agency signing
below ("Customer"), your use of the LN Services is subject to the Agreement signed by the Consortium Lead Agency
identified above, and this Addendum. The LN Services subscribed to herein will be Accurint Virtual Crime Center.
Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement.
I. Public Safety Data Exchange Database
LN, as a vendor that processes information for its government customers, maintains the LexisNexis Public
Safety Data Exchange Database ("PSDEX'), which contains information related to public safety and law
enforcement investigations. PSDEX is compiled from information submitted by PSDEX customers and
enhanced by LN data and technology such as LexID or data updates to allow LN's PSDEX customers to easily
search and access information beyond their jurisdiction for analysis, investigations and reporting or other
applications to accomplish their mission.
In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to
contribute public safety information (the "Customer Data Contribution's that it and other PSDEX customers
may use for analysis, investigations and reporting or other applications to accomplish their mission.
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 to provide all LN employees, with physical or logical access to Customer Data
Contributions, level four security awareness training as defined and listed in the Criminal Justice
Information Services (CJIS) Security Policy.
d. LN agrees to access, store, and process Customer's Customer Data Contributions in accordance with
the CJIS Security Policy, to the extent applicable to LN's accessing, storage, and processing of such
data.
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 access, store, and process other customer's Customer Data Contributions in
accordance with the CJIS Security Policy, to the extent applicable to Customer's accessing, storage,
and processing of such data.
e. 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.
f. 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
unreasonably 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 without Customer's consent.
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Name:
David Miner
Title:
Chief of Police
Address:
870 Santa Barbara Drive
Newport Beach, CA 92660
Phone:
949-644-3701
Fax:
949-644-3794
Email:
dminer@nbpd.org
Customer agrees that it will access information contributed to PSDEX by other customers only
through LN and any Customer employee permitted access to PSDEX by Customer shall be a CJI
Authorized User/Personnel that has undergone appropriate Security Awareness Training as those
terms are used in the CJIS Security Policy.
Customer agrees that, to the extent permitted under applicable law, 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 each such other PSDEX customer's acts and omissions
in reporting or updating Customer Data Contributions 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, worldwide, non-exclusive license
to use, adapt, compile, aggregate, create derivative works, transfer, transmit, publish and distribute the
Customer Data Contributions to PSDEX customers. For purposes of clarification, Customer is the owner of its
Customer Data Contributions and is hereby licensing to LN a copy of its Customer Data Contributions. PSDEX
customers are those persons and entities authorized to receive PSDEX, where applicable, pursuant to
California Penal Code Section 13300.
2. FBI C7IS SECURITY ADDENDUM. This Addendum incorporates by reference the requirements of the FBI
CJIS Security Policy and the FBI CJIS Security Addendum (FBI CJIS Security Policy Appendix H attached hereto
as Exhibit A), as in force as of the date of this Addendum and as may, from time to time hereafter, be
amended. The parties warrant that they have the technological capability to handle Criminal Justice
Information (CJI), as that term is defined by the FBI CJIS Security Policy, in the manner required by the CJIS
Security Policy. The parties expressly acknowledge that the CJIS Security Policy places restrictions and
limitations on the access to, use of, and dissemination of CJI and hereby warrant that their respective systems
abide by those restrictions and limitations.
3. GOOGLE GEOCODER. LN uses 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.
4. 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. Due to the nature of the origin of public safety
information, the data contained in PSDEX may contain errors. Source data is sometimes reported or entered
inaccurately, processed poorly or incorrectly, and is generally not free from defect. The LN Services aggregate
and report data as provided by PSDEX customers and is not the source of the data, nor is it a comprehensive
compilation of all law enforcement data. Before Customer relies on any data, it should be independently
verified.
5. 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.
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6. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDEX customer is offered and
owned by that customer. Unless otherwise indicated by written request from Customer, all data will be retained
by LN and remain accessible by others in accordance with the provisions of this Addendum.
7. INSURANCE. LN shall obtain, provide and maintain at its own expense during the term of this Agreement,
policies of insurance of the type and amounts described below and in a form satisfactory to City. LN agrees
to provide insurance in accordance with requirements set forth here. If LN uses existing coverage to comply
and that coverage does not meet these requirements, LN agrees to amend, supplement or endorse the existing
coverage.
a. Acceptable Insurers. All insurance policies shall be issued by an insurance company currently
authorized by the Insurance Commissioner to transact business of insurance in the State of California,
with an assigned policyholders' Rating of A- (or higher) and Financial Size Category Class VII (or
larger) in accordance with the latest edition of Best's Key Rating Guide, unless otherwise approved
by the City's Risk Manager.
b. Coverage Requirements.
i. Workers' Compensation Insurance. LN shall maintain Workers' Compensation Insurance,
statutory limits, and Employer's Liability Insurance with limits of at least one million dollars
($1,000,000) each accident for bodily injury by accident and each employee for bodily injury
by disease in accordance with the laws of the State of California, Section 3700 of the Labor
Code.
ii. LN shall submit to City, along with the certificate of insurance, a Waiver of Subrogation
endorsement in favor of City, its City Council, boards and commissions, officers, agents,
volunteers and employees.
iii. General Liability Insurance. LN shall maintain commercial general liability insurance, and if
necessary umbrella liability insurance, with coverage at least as broad as provided by
Insurance Services Office form CG 00 01, in an amount not less than two million dollars
($2,000,000) per occurrence, four million dollars ($4,000,000) general aggregate. The
policy shall cover liability arising from premises, operations, personal and advertising injury,
and liability assumed under an insured contract (including the tort liability of another
assumed in a business contract).
iv. Automobile Liability Insurance. LN shall maintain automobile insurance at least as broad as
Insurance Services Office form CA 00 01 covering bodily injury and property damage for all
activities of LN arising out of or in connection with Work to be performed under this
Agreement, including coverage for any owned, hired, non -owned or rented vehicles, in an
amount not less than one million dollars ($1,000,000) combined single limit each accident.
v. Cyber and Technology Liability Insurance. LN shall maintain Cyber Liability Insurance and
Technology Errors & Omissions Insurance in an amount not less than two million dollars
($2,000,000) per claim and four million dollars ($4,000,000) annual aggregate, covering (1)
all acts, errors, omissions, negligence, infringement of intellectual property (excluding
patent infringement); (2) network security and privacy risks, including but not limited to
unauthorized access or use, failure of security, breach of privacy perils, wrongful disclosure,
collection, or negligence in the handling of confidential information or personal information,
including coverage for related regulatory defense and penalties to the maximum extent
permitted by law; (3) data breach expenses payable whether incurred by City or LN,
including but not limited to consumer notification (whether or not required by law),
computer forensic investigations, public relations and crisis management firm fees, call
center services, credit file or identity monitoring or remediation services in the performance
of services for City or on behalf of City hereunder
c. Other Insurance Requirements. The policies are to contain, or be endorsed to contain, the following
provisions:
i. Waiver of Subrogation. All insurance coverage maintained or procured pursuant to this
Agreement shall be endorsed to waive subrogation against City, its City Council, boards and
commissions, officers, agents, volunteers and employees or shall specifically allow LN or
others providing insurance evidence in compliance with these requirements to waive their
right of recovery prior to a loss. LN hereby waives its own right of recovery against City,
and shall require similar written express waivers from each of its subconsultants.
ii. Additional Insured Status. All liability policies including general liability, excess liability,
pollution liability, and automobile liability, if required, but not including professional liability,
shall provide or be endorsed to provide that City, its City Council, boards and commissions,
officers, agents, volunteers and employees shall be included as insureds under such policies.
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iii. Primary and Non Contributory. All liability coverage shall apply on a primary basis and shall
not require contribution from any insurance or self-insurance maintained by City.
iv. Notice of Cancellation. LN shall provide City with thirty (30) calendar days' notice of
cancellation (except for nonpayment for which ten (10) calendar days' notice is required)
or nonrenewal of coverage for each required coverage.
Additional Agreements Between the Parties. The parties hereby agree to the following:
i. Evidence of Insurance. LN shall provide certificates of insurance to City as evidence of the
insurance coverage required herein, along with a waiver of subrogation endorsement for
workers' compensation and other endorsements as specified herein for each coverage.
Insurance certificates and endorsement must be approved by City's Risk Manager prior to
commencement of performance. Current certification of insurance shall be kept on flewith
City at all times during the term of this Agreement. The certificates and endorsements for
each insurance policy shall be signed by a person authorized by that insurer to bind
coverage on its behalf. At least fifteen (15) days prior to the expiration of any such policy,
evidence of insurance showing that such insurance coverage has been renewed or extended
shall be filed with the City. If such coverage is cancelled or reduced, LN shall, within ten
(10) days after receipt of written notice of such cancellation or reduction of coverage, file
with the City evidence of insurance showing that the required insurance has been reinstated
or has been provided through another insurance company or companies. City reserves the
right to require complete, certified copies of all required insurance policies, at any time.
ii. City's Right to Revise Requirements. City reserves the right at any time during the term of
the Agreement to change the amounts and types of insurance required by giving LN sixty
(60) calendar days' advance written notice of such change. If such change results in
substantial additional cost to LN, City and LN may renegotiate LN's compensation.
iii. Right to Review Subcontracts. LN agrees that upon request, all agreements with
subcontractors or others with whom LN enters into contracts with on behalf of City will be
submitted to City for review. Failure of City to request copies of such agreements will not
impose any liability on City, or its employees. LN shall require and verify that all
subcontractors maintain insurance meeting all the requirements stated herein, and LN shall
ensure that City is an additional insured on insurance required from subcontractors. For
CGL coverage, subcontractors shall provide coverage with a format at least as broad as CG
20 38 04 13.
iv. Enforcement of Agreement Provisions. LN acknowledges and agrees that any actual or
alleged failure on the part of City to inform LN of non-compliance with any requirement
imposes no additional obligations on City nor does it waive any rights hereunder.
v. Requirements not Limiting. Requirements of specific coverage features or limits contained
in this Section are not intended as a limitation on coverage, limits or other requirements,
or a waiver of any coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only as it pertains to a given issue
and is not intended by any party or insured to be all inclusive, or to the exclusion of other
coverage, or a waiver of any type. If the LN maintains higher limits than the minimums
shown above, the City requires and shall be entitled to coverage for higher limits maintained
by the LN. Any available insurance proceeds in excess of the specified minimum limits of
insurance and coverage shall be available to the City.
vi. Self -insured Retentions. Any self -insured retentions must be declared to and approved by
City. Self-insurance will not be considered to comply with these requirements unless
approved by City.
vii. City Remedies for Non -Compliance. If LN or any subconsultant fails to provide and maintain
insurance as required herein, then City shall have the right but not the obligation, to
purchase such insurance, to terminate this Agreement, or to suspend LN's right to proceed
until proper evidence of insurance is provided. Any amounts paid by City shall, at City's
sole option, be deducted from amounts payable to LN or reimbursed by LN upon demand.
viii. Timely Notice of Claims. LN shall give City prompt and timely notice of claims made or suits
instituted that arise out of or result from LN's performance under this Agreement, and that
involve or may involve coverage under any of the required liability policies. City assumes
no obligation or liability by such notice, but has the right (but not the duty) to monitor the
handling of any such claim or claims if they are likely to involve City.
ADDM_ AVCC/ACA/CCM/XML Consortium Sub Agency (Q3.21.v1) & Confidential Page 4 of 8
ix. LN's Insurance. LN shall also procure and maintain, at its own cost and expense, any
additional kinds of insurance, which in its own judgment may be necessary for its proper
protection and prosecution of the Work..
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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):
APPROVED AS TO FORM:
CITY ATTORN Y'S OFFICE
Date:
�ZC.,
By: 1vjtwo
A ron C. Harp ,S kk,2V
)Qfty Attorney Aa
ATTEST:
Date: 3'1 9 " oZ 6
By:
_Zolet�"'-
Lena Shumway
City Clerk
CITY OF NEWPORT BEACH,
a California nici al corporation
Date: !$
By:
David Miner
Police Chief
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Exhibit A
FEDERAL BUREAU OF INVESTIGATION
CRIMINAL JUSTICE INFORMATION SERVICES
SECURITY ADDENDUM
The goal of this document is to augment the CJIS Security Policy to ensure adequate security is provided for criminal
justice systems while (1) under the control or management of a private entity or (2) connectivity to FBI CJIS Systems
has been provided to a private entity (contractor). Adequate security is defined in Office of Management and Budget
Circular A-130 as "security commensurate with the risk and magnitude of harm resulting from the loss, misuse, or
unauthorized access to or modification of information."
The intent of this Security Addendum is to require that the Contractor maintain a security program consistent with
federal and state laws, regulations, and standards (including the CAS Security Policy in effect when the contract is
executed), as well as with policies and standards established by the Criminal Justice Information Services (CJIS)
Advisory Policy Board (APB).
This Security Addendum identifies the duties and responsibilities with respect to the installation and maintenance of
adequate internal controls within the contractual relationship so that the security and integrity of the FBI's information
resources are not compromised. The security program shall include consideration of personnel security, site security,
system security, and data security, and technical security.
The provisions of this Security Addendum apply to all personnel, systems, networks and support facilities supporting
and/or acting on behalf of the government agency.
1.00 Definitions
1.01 Contracting Government Agency (CGA) - the government agency, whether a Criminal Justice Agency or a
Noncriminal Justice Agency, which enters into an agreement with a private contractor subject to this Security
Addendum.
1.02 Contractor - a private business, organization or individual which has entered into an agreement for the
administration of criminal justice with a Criminal Justice Agency or a Noncriminal Justice Agency.
2.00 Responsibilities of the Contracting Government Agency.
2.01 The CGA will ensure that each Contractor employee receives a copy of the Security Addendum and the CJIS
Security Policy and executes an acknowledgment of such receipt and the contents of the Security Addendum. The
signed acknowledgments shall remain in the possession of the CGA and available for audit purposes. The
acknowledgement may be signed by hand or via digital signature (see glossary for definition of digital signature).
3.00 Responsibilities of the Contractor.
3.01 The Contractor will maintain a security program consistent with federal and state laws, regulations, and standards
(including the CJIS Security Policy in effect when the contract is executed and all subsequent versions), as well as with
policies and standards established by the Criminal Justice Information Services (CJIS) Advisory Policy Board (APB).
4.00 Security Violations.
4.01 The CGA must report security violations to the CJIS Systems Officer (CSO) and the Director, FBI, along with
indications of actions taken by the CGA and Contractor.
4.02 Security violations can justify termination of the appended agreement.
4.03 Upon notification, the FBI reserves the right to:
a. Investigate or decline to investigate any report of unauthorized use;
b. Suspend or terminate access and services, including telecommunications links. The FBI will provide the CSO with
timely written notice of the suspension. Access and services will be reinstated only after satisfactory assurances have
been provided to the FBI by the CGA and Contractor. Upon termination, the Contractor's records containing CHRI must
be deleted or returned to the CGA.
5.00 Audit
5.01 The FBI is authorized to perform a final audit of the Contractor's systems after termination of the Security
Addendum.
6.00 Scope and Authority
6.01 This Security Addendum does not confer, grant, or authorize any rights, privileges, or obligations on any persons
other than the Contractor, CGA, CJA (where applicable), CSA, and FBI.
6.02 The following documents are incorporated by reference and made part of this agreement: (1) the Security
Addendum; (2) the NCIC 2000 Operating Manual; (3) the CJIS Security Policy; and (4) Title 28, Code of Federal
Regulations, Part 20. The parties are also subject to applicable federal and state laws and regulations.
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6.03 The terms set forth in this document do not constitute the sole understanding by and between the parties hereto;
rather they augment the provisions of the CKS Security Policy to provide a minimum basis for the security of the
system and contained information and it is understood that there may be terms and conditions of the appended
Agreement which impose more stringent requirements upon the Contractor.
6.04 This Security Addendum may only be modified by the FBI, and may not be modified by the parties to the appended
Agreement without the consent of the FBI.
6.05 All notices and correspondence shall be forwarded by First Class mail to:
Information Security Officer
Criminal Justice Information Services Division, FBI
1000 Custer Hollow Road
Clarksburg, West Virginia 26306
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