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HomeMy WebLinkAboutLEXISNEXIS COPLOGIC SOLUTIONS INC. (4)0 LexisNexis- INSURANCE NOT REQUIRED WORK MAY PROCEED CITY CLERK Coplogic'" Solutions Order No. 1B N-2022-131-01 A DATE: MAR- 2 2 2024 LexisNexis® Desk Officer Reporting System (DORS) �.Pou) Lg o a �,,,f This Order No. 18 ("Order') is entered into this 27"day of February, 2024 ("Order Effective Date") between City of Santa Ana ("Agency") and LexisNexis Coplogic Solutions Inc. ("Provider") and subject to the terms and conditions of the Law Enforcement Agreement effective April7, 2022 ("Agreement") between the Parties. This Order No. 1B supersedes DORS Order No. 1A dated April 7, 2022. 1. TERMS AND CONDITIONS. All of the terms and conditions contained in the Agreement shall remain in full force and effect and shall apply to the extent applicable to this Order except as expressly modified herein. To the extent that the terms and conditions of this Order are in conflict with the terms and conditions of the Agreement, or any other incorporated item, this Order shall control. Capitalized terms used herein but not defined shall have the same meaning as set forth in the Agreement. 2. DESCRIPTION OF SERVICES. Provider, as part of its business has developed and makes available to law enforcement entities an online citizen reporting system called LexisNexis® Desk Officer Reporting System ("DORS") enabling individuals, retail companies and other organizations to file reports, crime tips and other forms online to law enforcement. 3. SCOPE OF SERVICES. Provider agrees to provide the following Services to Agency subject to the provisions of this Order. Except as provided by Section 2.2. of the Agreement, any change to the Services as set forth in this Order that occur after the Order Effective Date must be made by amendment to this Order or by Provider's Change Control Process and signed by both Parties. Provider will provide the following Services described below subject to Agency's technology capabilities, processes, and work -flow functionality: 3.2. Support and Maintenance. Provider will provide Support and Maintenance Services in accordance with the terms and conditions set forth in Section 3 of the Agreement. 3.3.Agency acknowledges that certain Services provided under this Order may include the provision of certain personal information data obtained from the state Department of Motor Vehicles ("DMV Data") and that such DMV Data may be governed by the Federal Driver's Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA"), and that Agency is required to comply with the DPPA, as applicable. Agency certifies it has a permissible use under the DPPA to use and/or obtain such information and Agency further certifies it will use such information obtained from Services only for the permissible purpose selected below or for the purpose indicated by Agency electronically while using the Services, which purpose will apply to searches performed during such electronic session: Please check one below (required): 1. No permissible use. X 2. Use by a government agency, but only in carrying out its functions. 4. TRAINING 4.1 Train -the -Trainer Training Sessions. At no additional cost to Agency, Provider will provide Agency users instructor - led, online 'train -the -trainer' training sessions. Courses can cover new user training, refresher training for existing users, system administration, or other Agency -requested topics. The 'train the trainer' approach aims to educate Agency users with skills that are needed to train other users. Provider aims to train Agency users within 60 days of Confidential and Proprietary Information of LexisNexis DORS Order Annual Q3.23.V3 hw 1.2.24 STANDARD Y�''i " IDDS) Page 1 of 3 0 LeXISNeXIS° I Coplogic'"Solutions go -live. Provider will offer Agency up to two (2) training sessions annually. Additional requests will be evaluated based on available resources and may be subject to additional fees. 4.2. User Guides. Provider will provide Agency with user guides or training documentation appropriate for the Services. 4.3. On Site Training. In response to written Agency requests for Provider to provide on -site training, Provider shall produce a written estimate of the time required to provide the requested training including any requirements, such as the presence of Agency staff, other resources, or materials. The Agency shall reimburse Provider at the rate of two thousand five hundred ($2,500.00) dollars per day for each Provider employee who provides any on -site training (this daily fee includes all Provider travel time and expenses). S. TERM AND TERMINATION. This Order shall commence upon the Order Effective Date and shall continue for an initial term of twelve (12) months ("Initial Term"). 6. FEES AND PRICE ADJUSTMENTS. The Fees for the Services shall be subject to the terms set forth in Section 4 of the Agreement. 6.1. The Agency Fee is Zero Dollars ($0.00) for the individual filing the Report. For those Authorized Requestors who are commercial entities the Agency will charge a fee of Twenty -Two Dollars ($22.00) for collision reports and $.22 per page for incident reports. 6.1.1. For the avoidance of doubt, no Agency Fee will be paid with respect to the following: 6.1.1.1. When an Affiliate of Provider has paid an Agency Fee to acquire a Report for an Authorized Requestor and such Affiliate later resells that Report from its inventory of previously purchased Reports to another Authorized Requestor; or 6.1.1.2. When one or more components of a Report (e.g., VIN number) is provided to an Authorized Requestor or an Affiliate of Provider by Provider rather than the entirety of the Report being provided; or 6.1.1.3. When a Report is acquired by an Affiliate of Provider from a source other than the eCommerce portal set forth on the applicable Order; or 6.1.1.4. When a fee is not charged to an Authorized Requestor for the Report. Nothing in this Order shall require Provider or its Affiliate to pay an Agency Fee to the Agency when an Authorized Requestor provides a Report and/or specific data extracted from the Report to a third party after the Authorized Requestor has purchased such Report from the Affiliate's inventory of previously purchased reports. Agency acknowledges that all reports requested by Agency Requestors shall be provided free of charge. 6.2. Annual Fee. For the period commencing on the Order Effective Date through October 31, 2024, the Fee shall be Twenty -One Thousand Three Hundred Sixty -Two and 39/100 ($21,362.39) and will be invoiced by Provider upon Effective Date of this Order. The City agrees to pay for services rendered since November 1, 2023. 6.3.Optional One -Time Fee. Should Agency elect to update their existing DORS configuration to function using a new RMS Interface, then the agency will be billed a one-time RMS Conversion Fee not to exceed Ten Thousand Dollars and 00/100 ($10,000) which would be invoiced upon implementation. 6.4. Enhancements. Provider will charge Agency an hourly rate of $250.00 for approved Enhancements. This fee will be invoiced by Provider upon implementation of Enhancement(s). Confidential and Proprietary Information of LexisNexis DORS Order Annual Q3.23.V3 hw 1.2.24 Page 2 of 3 & LexisNexis- I Coplogic"Solutions IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the date and year first written above. ATTEST: APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney By: lhod� — TAMAkA BobibsiAN Senior Assistant City Attorney FOR APPROVAL: 'f�. V�L= N ROBERT RODRIGUEZ Acting Chief of Police CITY OF SANTA ANA • Manager r City LexisNexis Coplogic Solutions, Inc. WILLIAM S. MADISON Executive Vice President Confidential and Proprietary Information of LexisNexis DORS Order Annual Q3.23.V3 hw 1.2.24 Page 3 of 3