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Contract 45369 (2)
`°' 4: k. i 1 I PXiiNPY1R . ,..•. MTV E--CR,N3 viQV cOwirRAcif mot ±i2L. LN Non-FCRA Application & Agreement Government Agencies & Law Enforcement LexisNexis Risk Solutions FL Inc. and its Affiliates (collectively or individually "LN") provide various Non-FCRA products and services (the "LN Services"). The information submitted on this Application and Agreement ("Agreement") will be used to determine the Customer's (as defined below) eligibility for accessing the LN Services. LN reserves the right to reject this Agreement without reason or for any reason whatsoever, without recourse against LN, or any of its employees, officers, directors, agents, affiliates, or other designees. Additionally, Customer hereby authorizes LN to independently verify the information provided herein and perform research about the individuals , identified herein. Affiliates are those affiliates of LexisNexis Risk Solutions FL Inc. that provide LN Services pursuant to this Agreement. PART 1 - CUSTOMER INFORMATION (This section must be filled out entirely) SECTION A' AGENCY INFORMATION ("Customer") (P.O. Boxes and Maildrop Addresses Cannot be Used) Agency Name (Full Legal Name) REQUIRED City of Fort Worth Physical Address* 1000 Throckmorton Street City Fort Worth Main Agency Phone Number* 817 392 6158 Fax 817 392 6133 Web Address www.fortworth.gov * Physical location where information will be used. Phone number must be Main number/Switchboard number at this location. If located at the above address Tess than six (6) months, provide most recent prior address below: Physical Address City State Zip IP Address** IP Address Range** From To State TX Zip 76102 ** If you do not know your company's IP address(es): Contact your network administration OR log onto httas://www.whatismvlP.com SECTION B: CUSTOMER ADMINISTRATOR* OR MAIN CONTACT INFORMATION Last Name King First Name Douglas Middle Initial Title Programmer Analyst Telephone 817 392 6142 Email Address sam.king©fortworthtexas.gov Admin IP Address * Required only for local and municipal agencies - For credentialing purposes, each Customer Administrator must provide two (2) of the three (3) following pieces of identified information. 1. First five (5) digits of your Social Security Number 2. Full date of birth 3. Home address ADDITIONAL CUSTOMER ADMINISTRATOR* OR MAIN CONTACT INFORMATION (Optional) Last Name Saunders First Name Chris Title Audit Manager Telephone 817 392 6197 Email Address Admin IP Address Middle Initial * Required only for local and municipal agencies - For credentialing purposes, each Customer Administrator must provide two (2) of the three (3) following pieces of identified information. 1. First five (5) digits of your Social Security Number 2. Full date of birth 3. Home address PART 2 - CREDENTIALING SECTION A: CUSTOMER SECURITY CERTIFICATION Customer certifies that the Customer has not been the subject of any proceeding regarding any trust -related matter including, but not limited to, fraud, counterfeiting, identity theft and the like, and that Customer has not been the subject of any civil, criminal or regulatory matter that would create an enhanced security risk to LN or its data, including, but not limited to, any matter involving potential violations of the Gramm -Leach -Bliley Act (15 U.S C. § 6801, et seq.) and its implementing regulations (collectively, "GLBA"), the Driver's Privacy Protection Act (18 U.S.C. § 2721, et seq,) and related state laws (collectively, the "DPPA"), the Fair Credit Reporting Act (15 U.S.C. § 1681, et seq.) ("FCRA"), the Fair Debt Collection Practices Act (15 U.S.C. § 1692-1692p) ("FDCPA") or any other similar legal or regulatory guidelines. If any such matter has occurred, Customer shall attach a signed statement, along with all relevant supporting documentation, providing all details of this matter prior to execution of this Agreement. OFFICU 1.1n TtCORD Risk FL Non-FCRA App & Agreement Government Agencies (04.12.v1)* mii' Confidential 1 gllIN S ©RETARD e 1 of 10 NW rt Tat 1 iliAl3JRN SECTION B: VENDOR REFERENCE RELEASE - Required only for local and municipal agencies. Please list at least one (1) current Business to Business Vendor Reference. This section is optional, but if it is not completed and LN is not able to complete its credentialing process, LN reserves the right to re -request this information prior to account activation. Such re - request will result in processing delays. Company Name AT&T Address PO Box 78225 City Phoenix Phone 800 762 3390 Email G02990@att.com Company Name Address City Phone Email SECTION C: AGENCY INFORMATION (select one) ❑ Federal Government ■ Federal Law Enforcement ® Local/Municipal Government ❑ Local/Municipal Law Enforcement ❑ Other (Specify) SECTION D: PURPOSE OF USE Describe Access to Accurint for Government Services Contact Maureen State Fax Account Contact AZ Zip 85062 Number (if applicable) 13711 State Zip Fax Account Number (if applicable) ❑ State Government State Law Enforcement SECTION E: ACCESS (select all that apply) ❑ Server (system to system) Internet/PC n Fax ❑ Phone ❑ Other SECTION F: SITE VISIT INFORMATION A site visit will be required for local and municipal agencies. Site visits may be required for any other Customer. Should a site visit be required, Customer agrees to authorize the site visit, cooperate in the site visit, and to pay the site visit charges as stated in the Schedule(s) A to this Agreement. Site visits are conducted for LN by an approved third -party. Please indicate if the appropriate contact is different than the contact listed in Part 1, Section B. Site Visit Contact Douglas King Contact Phone 817 392 6142 Contact Email sam.king@fortworthtexas.gov PART 3 - BILLING INFORMATION SECTION A: CREDIT CARD INFORMATION (If you choose to be billed on a credit card, fill out this portion and proceed to Part 3, Section C If you choose to be billed directly, skip Part 3 Section A and proceed to Part 3 Section B). LN accepts MasterCard Visa, and American Express. For security and authentication purposes, LN requires the account holder to provide the address to which the credit card company mails the monthly statement. Cardholder Name Credit Card Statement Address City Card Type: Master Card State Zip Visa ❑ American Express Card Number Expiration (MM/YY) If I have elected to be credit card billed, I hereby authorize LN to bill this credit card for the charges incurred for use of LN Services. Additionally, I hereby agree that if the credit card company refuses to pay LN for such charges incurred, the Customer shall be responsible for the payment of such charges. If credit card billing is elected, the below signatory must be the credit card holder, Credit Card Billing Signature: Print Name Title Dated Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1) (mm/dd/yy) Confidential Page 2 of 10 SECTION B: DIRECT BILLING INFORMATION By submitting this direct billing application Customer certifies that the individual whose name appears below is authorized to apply for credit on behalf of the Customer named in this Agreement. Customer certifies that the information provided relating to this credit application is true and complete. Customer hereby grants LN permission to verify the credit information provided herein. BILLING CONTACT Last Name King First Name Douglas Title Progammer Analyst Telephone 817 392 6142 Email Address sam.king@fortworthtexas.gov Billing Address 1000 Throckmorton Street City Fort Worth State TX SECTION C: ADDITIONAL BILLING INFORMATION Require a P.O. Number on Invoice? n No Sales Tax Exempt E No Zip 76102 Yes If Yes, provide P.O. Number Yes If Yes, provide proof of exemption. PART 4 - PERMISSIBLE USE CERTIFICATIONS 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 Part 4, Section C. SECTION A: 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 such electronic session: (At least one (1) must be checked to be permitted access to GLBA data) No applicable GLBA exception/permissible use. 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. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. In required institutional risk control programs. 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 ❑ 1 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 B: 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: (At least one (1) must be checked to be permitted access to DPPA data) No permissible use. 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 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. 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 functions. 1 I Use by an insurer (or its agent) in connection with claims investigation activities or antifraud activities. I In connection with motor vehicle safety or theft or driver safety (except by or for a motor vehicle manufacturer). 1 0 Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1)* Confidential Page 3 of 10 ■ ■ 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 in Sections A and B of this Part 4 only in accordance with the permissible uses selected above or those selected subsequently in connection with a specific information request. SECTION C: 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. ■ rs Customer is NOT requesting access to QA Data (proceed to Part 5). Customer is requesting access to QA Data. Complete the sections below. What department will be using QA Data? Internal Audit SOCIAL SECURITY NUMBERS 1. AUTHORIZED USER (At least one (1) must be checked to receive Social Security Numbers) Not an authorized user. 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. 1 Other public or private entity for the purpose of detecting, investigating or preventing fraud. Describe your business: 1 Internal Audit Department - Audit of conracts w/city, program recipients eligibility, vendor relationships. 2. AUTHORIZED USE (At least one (1) must be checked to receive Social Security Numbers) No authorized use. 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: ■ ■ ■ ■ ■ Internal Audit Department - Audit of conracts w/city, program recipients eligibility, vendor relationships. 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 1, AUTHORIZED USER (At least one (1) must be checked to receive Driver's License Numbers) ❑ Not an authorized user. C 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: Internal Audit Department - Audit of conracts w/city, program recipients eligibility, vendor relationships. 0 lb Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1)* Confidential Page 4 of 10 2. AUTHORIZED USE (At least one (1) must be checked to receive Driver's License Numbers) No authorized use. 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 faded to pay taxes or other lawful debts. Identity verification. Other uses similar to those described above. Describe your use: Internal Audit Department - Audit of conracts w/city, program recipients eligibility, vendor relationships. By selecting above, the Customer certifies that it is an Authorized User, and that it will use Driver's License Numbers only for purpose(s) it designated on the Authorized Use List and for no other purpose(s). ■ ■ ►1 the PART 5 - TERMS AND CONDITIONS 1. SCOPE OF SERVICES. LN agrees to provide the LN Services described in a Purchase Order or Schedule A to this Agreement to Customer, subject to the terms and conditions herein. This Agreement shall encompass any and all delivery methods provided to Customer for the LN Services, including, but not limited to, online, batch, XML, assisted searching, machine -to -machine searches, and any other means which may become available. 2. RESTRICTED LICENSE. LN hereby grants to Customer a restricted license to use the LN Services and any data contained therein, subject to the restrictions and limitations set forth below: (i) Generally. LN hereby grants to Customer a restricted license to use the LN Services solely for Customer's own internal business purposes. Customer represents and warrants that all of Customer's use of the LN Services shall be for only legitimate business purposes, including those specified by Customer in connection with a specific information request, relating to its business and as otherwise governed by the Agreement. Customer shall not use the LN Services for marketing purposes or resell or broker the LN Services to any third -party, and shall not use the LN Services for personal (non -business) purposes. Customer shall not use the LN Services to provide data processing services to third -parties or evaluate data for third -parties or without LN's consent to compare the LN Services against a third parry's data processing services. Customer agrees that, if LN determines or reasonably suspects that continued provision of the LN Services to Customer entails a potential security risk or that Customer is in violation of any provision of this Agreement or law, LN may take immediate action, including, without limitation, terminating the delivery of, and the license to use the LN Services Customer shall not access the LN Services from Internet Protocol addresses located outside of the United States and its territories without LN's prior written approval. Customer may not use the LN Services to create a competing product. Customer shall comply with all laws, regulations and rules which govern the use of the LN Services and information provided therein. LN may at any time mask or cease to provide Customer access to any LN Services or portions thereof which LN may deem, in LN's sole discretion, to be sensitive or restricted information. (ii) GLBA Data. Some of the information contained in the LN Services is "nonpublic personal information," as defined in the Gramm -Leach -Bliley Act (15 U.S C. § 6801, et seq.) and related state laws (collectively the "GLBA'), and is regulated by the GLBA ("GLBA Data'). Customer shall not obtain and/or use GLBA Data through the LN Services in any manner that would violate the GLBA, or any similar state or local laws, regulations and rules Customer acknowledges and agrees that it may be required to certify its permissible use of GLBA Data falling within an exception set forth in the GLBA at the time it requests information in connection with certain LN Services and will recertify upon request by LN. Customer certifies with respect to GLBA Data received through the LN Services that it complies with the Interagency Standards for Safeguarding Customer Information issued pursuant to the GLBA. (iii) DPPA Data. Some of the information contained in the LN Services is "personal information," as defined in the Drivers Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA"), and is regulated by the DPPA (' DPPA Data") Customer shall not obtain and/or use DPPA Data through the LN Services in any manner that would violate the DPPA. Customer acknowledges and agrees that it may be required to certify its permissible use of DPPA Data at the time it requests information in connection with certain LN Services and will recertify upon request by LN. (iv) Social Security and Driver's License Numbers. LN may in its sole discretion permit Customer to access QA Data (as previously defined). If Customer is authorized by LN to receive QA Data, and Customer obtains QA Data through the LN Services, Customer certifies it will not use the QA Data for any purpose other than as expressly authorized by LN policies, the terms and conditions herein, and applicable laws and regulations In addition to the restrictions on distribution otherwise set forth in Paragraph 3 below, Customer agrees that it will not permit QA Data obtained through the LN Services to be used by an employee or contractor that is not an Authorized User with an Authorized Use. Customer agrees it will certify, in writing, its uses for QA Data and recertify upon request by LN Customer may not, to the extent permitted by the terms of this Agreement, transfer QA Data via email or ftp without LN's prior written consent. However, Customer shall be permitted to transfer such information so long ass 1) a secured method (for example, sftp) is used, 2) transfer is not to any third -party, and 3) such transfer is limited to such use as permitted under this Agreement. LN may at any time and for any or no reason cease to provide or limit the provision of QA Data to Customer. (v) Copyrighted and Trademarked Materials. Customer shall not remove or obscure any trademarks, copyright notices or other notices contained on materials accessed through the LN Services. Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1)* Confidential Page 5 of 10 (vi) Additional Terms. To the extent that the LN Services accessed by Customer include information or data described in the Risk Supplemental Terms contained at the following website: www.lexisnexis.com/terms/nsksupD/ Customer agrees to comply with the Risk Supplemental Terms set forth therein. Additionally, certain other information contained within the LN Services is subject to additional obligations and restrictions These services include, without limitation, news, business information and federal legislative and regulatory materials. To the extent that Customer receives such information through the LN Services, Customer agrees to comply with the Terms and Conditions contained at the following website: www.lexisnexis.com/terms/general (the "L&P Terms"). The Risk Supplemental Terms and the L&P Terms are hereby incorporated into this Agreement by reference. In the event of a direct conflict between this Agreement, the Risk Supplemental Terms, and the L&P Terms, the order of precedence shall be as follows: this Agreement, the Risk Supplemental Terms and then the L&P Terms. (vii) Fair Credit Reporting Act. The LN Services provided pursuant to this Agreement 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 under the FCRA. Accordingly, LN Services may not be used in whole or in part as a factor in determining eligibility for credit, insurance, employment or another permissible purpose under the FCRA. Further, (A) Customer certifies that it will not use any of the information it receives through the LN Services for eligibility determinations for any of the following purposes' (1) in connection with establishing a consumer's eligibility for credit or insurance to be used primarily for personal, family or household purposes or in connection with the review or collection of a credit account of a consumer; (2) for employment purposes; (3) in connection with a determination of a consumer's eligibility for a license or other benefit granted by a government agency; (4) as a potential investor or servicer, or current insurer, in connection with a valuation of, or assessment of credit or prepayment risks associated with, an existing credit obligation; or (5) eligibility for any other purpose deemed to be a permissible purpose under the FCRA or any similar state statute, (B) by way of clarification, Customer may use, except as otherwise prohibited or limited by this Agreement, information received through the 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' or (5) to decide whether to buy or sell consumer indebtedness in a commercial transaction; (C) specifically, if Customer is using the 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 LN Services (1) to revoke consumer credit; (2) to set or change repayment terms; or (3) for the purpose of determining a consumers eligibility for any repayment plan; provided however, that Customer may, consistent with the certification and limitations set forth in this section (viii), use the 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 LN Services to take any "adverse action, as that term is defined in the FCRA. (vim) MVR Data. If Customer is permitted to access Motor Vehicle Records ("MVR Data") from LN, without in any way limiting Customer's obligations to comply with all state and federal laws governing use of MVR Data, the following specific restrictions apply and are subject to change: (a) Customer shall not use any MVR Data provided by LN, or portions of information contained therein, to create or update a file that Customer uses to develop its own source of driving history information. (b) As requested by LN, Customer shall complete any state forms that LN is legally or contractually bound to obtain from Customer before providing Customer with MVR Data. (c) LN (and certain Third -Party vendors) may conduct reasonable and periodic audits of Customer's use of MVR Data. In response to any such audit, Customer must be able to substantiate the reason for each MVR Data order. (ix) HIPAA. Customer represents and warrants that Customer will not provide LN with any Protected Health Information (as that term is defined in 45 C.F.R. Sec. 160.103) or with Electronic Health Records or Patient Health Records (as those terms are defined in 42 U.S C. Sec. 17921(5), and 42 U.S.C. Sec. 17921(11), respectively) or with information from such records without the execution of a separate agreement between the parties. (x) Retention of Records. For uses of GLB Data, DPPA Data and MVR Data, as described in Sections 2(ii), 2(iii) and 2(viii), Customer shall maintain for a period of five (5) years a complete and accurate record (including consumer identity, purpose and, if applicable, consumer authorization) pertaining to every access to such data. 3 SECURITY. Customer acknowledges that the information available through the LN Services may include personally identifiable information and it is Customer's obligation to keep all such accessed information confidential and secure. Accordingly, Customer shall (a) restrict access to LN Services to those employees who have a need to know as part of their official duties; (b) ensure that none of its employees shall (i) obtain and/or use any information from the LN Services for personal reasons or (ii) transfer any information received through the LN Services to any party except as permitted hereunder; (c) keep all user identification numbers, and related passwords, or other security measures (collectively, "User IDs") confidential and prohibit the sharing of User IDst (d) immediately deactivate the User ID of any employee who no longer has a need to know, or for terminated employees on or prior to the date of termination; (e) in addition to any obligations under Paragraph 2. take all commercially reasonable measures to prevent unauthorized access to or use of, the LN Services or data received therefrom, whether the same is in electronic form or hard copy, by any person or entity; (f) maintain and enforce data destruction procedures to protect the security and confidentiality of all information obtained through LN Services as it is being disposed; (g) purge all information received through the LN Services within ninety (90) days of initial receipt provided that Customer may extend such period if and solely to the extent such information is retained thereafter in archival form to provide documentary support required for Customer's legal or regulatory compliance efforts; (h) be capable of receiving the LN Services where the same are provided utilizing 'secure socket layer," or such other means of secure transmission as is deemed reasonable by LN; (i) not access and/or use the LN Services via mechanical, programmatic, robotic, scripted or other Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1) Confidential Page 6 of 10 automated search means, other than through batch or machine -to -machine applications approved by LN; (j) take all steps to protect their networks and computer environments, or those used to access the LN Services, from compromise, (k) on at least a quarterly basis, review searches performed by its User IDs to ensure that such searches were performed for a legitimate business purpose and in compliance with all terms and conditions herein; and (I) maintain policies and procedures to prevent unauthorized use of User IDs and the LN Services. Customer will immediately notify LN, by written notification to the LN Privacy, Security and Compliance Organization at 1000 Alderman Drive, Alpharetta, Georgia 30005 and by email (security.investigations@lexisnexis.com) and by phone (1-888-872- 5375), if Customer suspects, has reason to believe or confirms that a User ID or the LN Services (or data derived directly or indirectly therefrom) is or has been lost, stolen, compromised misused or used accessed or acquired in an unauthorized manner or by any u nauthorized person, or for any purpose contrary to the terms and conditions herein. Furthermore, in the event that the LN Services provided to the Customer include personally identifiable information (including, but not limited to, social security numbers, driver's license numbers or dates of birth), the following shall apply' Customer acknowledges that upon unauthorized acquisition or access of o r to such personally identifiable information, including but not limited to that which is due to use by an unauthorized person or due to u nauthorized use (a 'Security Event"), Customer shall, in compliance with law, notify the individuals whose information was potentially accessed or acquired that a Security Event has occurred, and shall also notify any other parties (including but not limited to regulatory entities and credit reporting agencies) as may be required in LN's reasonable discretion. Customer agrees that such notification shall not reference LN or the product through which the data was provided, nor shall LN be otherwise identified or referenced in connection with the Security Event, without LN's express written consent. Customer shall be solely responsible for any other legal or regulatory o bligations which may arise under applicable law in connection with such a Security Event and shall bear all costs associated with complying with legal and regulatory obligations in connection therewith. Customer shall provide samples of all proposed materials to notify consumers and any third -parties including regulatory entities, to LN for review and approval prior to distribution. In the event of a Security Event LN may in its sole discretion, take immediate action, including suspension or termination of Customer's account without further obligation or liability of any kind. 4. PERFORMANCE. LN will use commercially reasonable efforts to deliver the LN Services requested by Customer and to compile information gathered from selected public records and other sources used in the provision of the LN Services; provided, however that the Customer accepts all information "AS IS". Customer acknowledges and agrees that LN obtains its data from third party sources, which may or may not be completely thorough and accurate and that Customer shall not rely on LN for the accuracy or completeness of information supplied through the LN Services. Without limiting the foregoing, the criminal record data that may be provided as part of the LN Services may include records that have been expunged, sealed, or otherwise have become inaccessible to the public since the date on which the data was last updated or collected. Customer understands that Customer may be restricted from accessing certain LN Services which may be otherwise available LN reserves the right to add materials and features to, and to discontinue offering any of the materials and features that are currently a part of, the LN Services In the event that LN discontinues a material portion of the materials and features that Customer regularly uses in the ordinary course of its business, and such materials and features are part of a flat fee subscription plan to which Customer has subscribed LN will, at Customer's option, issue a prorated credit to Customer's account. 5. PRICING SCHEDULES. Upon acceptance by the LN Affiliate(s) set forth on an applicable Purchase Order or Schedule A (hereinafter "Schedule(s) A"), such LN Affiliate(s) shall provide the LN Services requested by Customer and set forth in one (1) or more Schedules A attached hereto or subsequently incorporated by reference, for the fees listed on such purchase orders or schedules. The fees listed on a Schedule A may be updated from time to time by notice to Customer All current and future pricing documents and Schedule(s) A are deemed incorporated herein by reference. 6. INTELLECTUAL PROPERTY; CONFIDENTIALITY. Customer agrees that Customer shall not reproduce, retransmit, republish, or otherwise transfer for any commercial purposes the LN Services' information, programs or computer applications. Customer acknowledges that LN (and/or its third party data providers) shall retain all right, title, and interest under applicable contractual, copyright, patent, trademark, Trade Secret and related laws in and to the LN Services and the data and information that they provide Customer shall use such materials in a manner consistent with LN s interests and the terms and conditions herein, and shall notify LN of any threatened or actual infringement of LN's rights. Customer and LN acknowledge that they each may have access to confidential information of the disclosing party ("Disclosing Party") relating to the Disclosing Party's business including, without limitation, technical, financial, strategies and related information, computer programs algorithms, know-how processes, ideas, inventions (whether patentable or not), schematics, Trade Secrets (as defined below) and other information (whether written or oral), and in the case of LN's information, product information pricing information, product development plans, forecasts, data contained in LN Services, and other business information ("Confidential Information") Confidential Information shall not include information that: (i) is or becomes (through no improper action or inaction by the Receiving Party (as defined below)) generally known to the public; (ii) was in the Receiving Party's possession or known by it prior to receipt from the Disclosing Party; (iii) was lawfully disclosed to Receiving Party by a third -party and received in good faith and without any duty of confidentiality by the Receiving Party or the third - party, or (iv) was independently developed without use of any Confidential Information of the Disclosing Party by employees of the Receiving Party who have had no access to such Confidential Information. 'Trade Secret" shall be deemed to include any information which gives the Disclosing Party an advantage over competitors who do not have access to such information as well as all information that fits the definition of "trade secret" including without limitation pricing information applicable to this Agreement. Each receiving party ("Receiving Party") agrees not to divulge any Confidential Information or information derived therefrom to any third -party and shall protect the confidentiality of the Confidential Information with the same degree of care it uses to protect the confidentiality of its own confidential information and trade secrets, but in no event Tess than a reasonable degree of care. Notwithstanding the foregoing, the Receiving Party may disclose Confidential Information solely to the extent required by subpoena, court order or other governmental authority, provided that the Receiving Party shall give the Disclosing party prompt written notice of such subpoena, court order or other governmental authority so as to allow the Disclosing party to have an opportunity to obtain a protective order to prohibit or restrict Risk FL Non FCRA App & Agreement Government Agencies (Q4.12.v1)* Confidential Page 7 of 10 such disclosure at its sole cost and expense. Confidential Information disclosed pursuant to subpoena, court order or other governmental authority shall otherwise remain subject to the terms applicable to Confidential Information. Each party's obligations with respect to Confidential Information shall continue for the term of this Agreement and for a period of five (5) years thereafter, provided however, that with respect Trade Secrets, each party's obligations shall continue for so long as such Confidential Information continues to constitute a Trade Secret Notwithstanding the foregoing, if Customer is bound by the Freedom of Information Act, 5 U.S.0 552, or other federal, state, or municipal open records laws or regulations which may require disclosure of information, and disclosure thereunder is requested, Customer agrees that it shall notify LN in writing and provide LN an opportunity to object, if so permitted thereunder, prior to any disclosure. 7. PAYMENT OF FEES. Customer shall be responsible for payment for all services ordered by Customer or obtained through Customer's User IDs after the expiration of a free trial if applicable, whether or not such User ID is used by Customer or a third -party, provided access to the User ID is not the result of use by a person formerly or presently employed by LN or who obtains the User ID by or through a break-in or unauthorized access of LN's offices, premises, records, or documents. Customer shall pay to LN the fees incurred for the use of the LN Services, and Customer agrees that it may be electronically invoiced for those fees Payments shall be received within thirty (30) days of the invoice date. Any balance not timely paid will accrue interest at the rate of four and a quarter percent (4.25%) per annum or the highest rate allowed by applicable law, whichever is less. Customer's obligation to pay invoiced amounts is not subject to any offset, defense or counterclaim. 8. APPROPRIATION OF FUNDS. If sufficient funds are not appropriated or allocated for payment under this Agreement for any current or future fiscal period, then Customer may, at its option, terminate this Agreement on the last day of any calendar month, upon ten (10) days prior written notice to LN, without future obligations, liabilities or penalties, except that Customer shall remain liable for amounts due up to the time of termination. In addition, Customer shall certify and warrant in writing that sufficient funds have not been appropriated to continue the Agreement for the next fiscal year. 9. TERM OF AGREEMENT. This Agreement is for services rendered and shall be in full force and effect during such periods of time during which LN is providing services for Customer (the "Term"); provided, however, that any term provided on a Schedule A (the "Schedule A Term") shall apply to the LN Services provided under such Schedule A until the expiration of that Schedule A Term. Upon expiration of any Schedule A Term, this Agreement shall continue in effect for so long as LN is providing services for Customer. 10. TERMINATION. Except where a Schedule A provides for a Schedule A Term or otherwise sets forth Customer's minimum financial commitment, either party may terminate this Agreement at any time for any reason. 11. GOVERNING LAW. In the event that Customer is a government agency, this Agreement shall be governed by and construed in accordance with the municipal, state, or federal law(s) applicable to such agency, without effect to conflicts of law principles. 12. ASSIGNMENT. Neither this Agreement nor the license granted herein may be assigned by Customer, in whole or in part, without the prior written consent of LN. An assignment includes without limitation the dissolution, merger, consolidation, reorganization, sale or other transfer of assets, properties, or controlling interest of twenty percent (20%) or more of Customer Any assignment without the prior written consent of LN shall be void. 13. DISCLAIMER OF WARRANTIES. LN (FOR PURPOSES OF INDEMNIFICATION BY CUSTOMER, WARRANTIES, DISCLAIMERS, AND LIMITATIONS ON LIABILITY, LN ITS SUBSIDIARIES AND AFFILIATES, AND ITS DATA PROVIDERS ARE COLLECTIVELY REFERRED TO AS 'LN') DOES NOT MAKE AND HEREBY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED WITH RESPECT TO THE LN SERVICES. LN DOES NOT WARRANT THE CORRECTNESS COMPLETENESS MERCHANTABILI I Y, OR FITNESS FOR A PARTICULAR PURPOSE OF THE LN SERVICES OR INFORMATION PROVIDED THEREIN. Due to the nature of public record information, the public records and commercially available data sources used in the LN Services may contain errors. Source data is sometimes reported or entered inaccurately processed poorly or incorrectly, and is generally not free from defect. LN Services are not the source of data, nor are they a comprehensive compilation of the data. Before relying on any data, it should be independently verified. 14. LIMITATION OF LIABILITY. Except in the event of gross negligence or intentional misconduct, Customer agrees that LN's aggregate liability for any and all losses or injuries arising out of any act or omission of LN in connection with anything to be done or furnished under this Agreement, regardless of the cause of the loss or injury, and regardless of the nature of the legal or equitable right claimed to have been violated, shall never exceed the total amount of fees paid by Customer under this Agreement; and subject to the conditions herein, Customer covenants and promises that it will not sue LN for an amount greater than such sum even if Customer and/or third -parties were advised of the possibility of such damages. IN NO EVENT SHALL LN BE LIABLE FOR ANY INDIRECT, PUN1►IVE INCIDENTAL OR CONSEQUENTIAL DAMAGES, HOWEVER ARISING, INCURRED BY CUSTOMER FROM RECEIPT OR USE OF INFORMATION DELIVERED HEREUNDER OR THE UNAVAILABILITY THEREOF 15. INDEMNIFICATION. To the extent permitted by applicable state or federal law, Customer hereby agrees to protect, indemnify, defend, and hold harmless LN from and against any and all costs, claims demands, damages, losses, and liabilities (including attorneys fees and costs) arising from or in any way related to (a) use of information received by Customer (or any third - party receiving such information from or through Customer) furnished by or through LN, (b) breach of any terms, conditions, representations or certifications in this Agreement, and (c) any Security Event. Notwithstanding the foregoing, NOTHING CONTAINED Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1) Confidential Page 8 of 10 HEREIN SHALL EVER BE CONSTRUED SO AS TO REQUIRE CUSTOMER TO CREATE A SINKING FUND OR TO ACCESS, LEVY AND COLLECT ANY TAX TO FUND ITS OBLIGATIONS UNDER THIS PARAGRAPH. LN hereby agrees to protect, indemnify, defend and hold harmless Customer from and against any and all costs, claims, demands damages, losses, and liabilities (including attorneys' fees and costs) arising from or in connection with any third -party claim that the LN Services or data contained therein, when used in accordance with this Agreement, infringe a United States patent or United States registered copyright, subject to the following: (i) Customer must promptly give written notice of any claim to LN; (ii) Customer must provide any assistance which LN may reasonably request for the defense of the claim (with reasonable out of pocket expenses paid by LN); and (iii) LN has the right to control the defense or settlement of the claim, provided, however, that the Customer shall have the right to participate in, but not control, any litigation for which indemnification is sought with counsel of its own choosing, at its own expense. Notwithstanding the foregoing, LN will not have any duty to indemnify, defend or hold harmless Customer with respect to any claim of infringement resulting from (1) Customer's misuse of the LN Services; (2) Customer's failure to use any corrections made available by LN (3) Customer's use of the LN Services in combination with any product or information not provided or authorized in writing by LN; or (4) any information, direction, specification or materials provided by Customer or any third -party. If an injunction or order is issued restricting the use or distribution of any part of the LN Services, or if LN determines that any part of the LN Services is likely to become the subject of a claim of infringement or violation of any proprietary right of any third -party, LN may in its sole discretion and at its option (A) procure for Customer the right to continue using the LN Services; (B) replace or modify the LN Services so that they become non -infringing, provided such modification or replacement does not materially alter or affect the use or operation of the LN Services; or (C) terminate this Agreement and refund any fees relating to the future use of the LN Services. The foregoing remedies constitute Customer's sole and exclusive remedies and LN's entire liability with respect to infringement claims or actions. 16. SURVIVAL OF AGREEMENT. Provisions hereof related to release of claims; indemnification; use and protection of information, data and LN Services; payment for the LN Services, audit; LN's use and ownership of Customer's search inquiry data; disclaimer of warranties and other disclaimers; security; customer data and governing law shall survive any termination of the license to use the LN Services. 17. AUDIT. Customer understands and agrees that, in order to ensure compliance with the FCRA, GLBA, DPPA, other similar state or federal laws, regulations or rules, regulatory agency requirements of this Agreement, LN s obligations under its contracts with its data providers, and LN s internal policies, LN may conduct periodic reviews of Customer s use of the LN Services and may, upon reasonable notice, audit Customer's records processes and procedures related to Customer's use, storage and disposal of LN Services and information received therefrom. Customer agrees to cooperate fully with any and all audits and to respond to any such audit inquiry within ten (10) business days, unless an expedited response is required. Violations discovered in any review and/or audit by LN will be subject to immediate action including, but not limited to, suspension or termination of the license to use the LN Services reactivation fees, legal action, and/or referral to federal or state regulatory agencies LN agrees that Customer shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of LN involving transactions relating to this Agreement at no additional cost to Customer LN agrees that Customer shall have access during normal working hours to all necessary LN facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. Customer shall give LN ten (10) days advance written notice of intended audits. Audits conducted by the Customer shall be at the Customer's expense. 18. EMPLOYEE TRAINING. Customer shall train new employees prior to allowing access to LN Services on Customer's obligations under this Agreement, including, but not limited to, the licensing requirements and restrictions under Paraaraoh 2, the security requirements of Paraaraoh 3 and the privacy requirements in Paraaraoh 23. Customer shall conduct a similar review of its obligations under this Agreement with existing employees who have access to LN Services no less than annually. Customer shall keep records of such training. 19. TAXES. The charges for all LN Services are exclusive of any state, local, or otherwise applicable sales, use, or similar taxes If any such taxes are applicable, they shall be charged to Customer's account. 20. CUSTOMER CHANGES. Customer shall notify LN immediately of any changes to the information on Customer's Application for the LN Services, and, if at any time Customer no longer meets LN's criteria for providing such service, LN may terminate this Agreement. Customer is required to promptly notify LN of a change in ownership of Customer, any change in the name of Customer, and/or any change in the physical address of Customer. 21. RELATIONSHIP OF PARTIES. None of the parties shall at any time, represent that it is the authorized agent or representative of the other. LN's relationship to Customer in the performance of services pursuant to this Agreement is that of an independent contractor. 22. CHANGE IN AGREEMENT. By receipt of the LN Services, Customer agrees to, and shall comply with, changes to the restricted license granted to Customer hereunder and as LN shall make from time to time by notice to Customer. Notices to Customer will be provided via written communication. All e-mail notifications shall be sent to the individual named in the Customer Administrator Contact Information section, unless stated otherwise in this Agreement. LN may, at any time, impose restrictions and/or prohibitions on the Customer's use of the LN Services or certain data. Customer understands that such restrictions or changes in access may be the result of a modification in LN policy, a modification of third -party agreements, a modification in industry standards, a Security Event Risk FL Non-FCRA App & Agreement Government Agencies (Q4.12.v1) Confidential Page 9 of 10 u or a change in law or regulation, or the interpretation thereof. Upon written notification by LN of such restrictions, Customer agrees to comply with such restrictions. 23. PRIVACY PRINCIPLES. With respect to personally identifiable information regarding consumers, the parties further agree as follows: LN has adopted the "LN Data Privacy Principles" ("Principles"), which may be modified from time to time, recognizing the importance of appropriate privacy protections for consumer data, and Customer agrees that Customer (including its directors, officers, employees or agents) will comply with the Principles or Customer's own comparable privacy principles, policies, or practices. The Principles are available at http://www.lexisnexis.com/privacy/data-privacv-Drincinles.asnx. 24. PUBLICITY. Customer will not name LN or refer to its use of the LN Services in any press releases, advertisements, promotional or marketing materials, or make any other third -party disclosures regarding LN or Customer's use of the LN Services. 25. FORCE MAJEURE. The parties will not incur any liability to each other or to any other party on account of any Toss or damage resulting from any delay or failure to perform all or any part of this Agreement (except for payment obligations) to the extent such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control, and without the negligence of, the parties. Such events, occurrences, or causes include, without limitation, acts of God, telecommunications outages, Internet outages, power outages, any irregularity in the announcing or posting of updated data files by the applicable agency, strikes, lockouts, riots, acts of war, floods, earthquakes, fires, and explosions. 26. ENTIRE AGREEMENT. Except as otherwise provided herein, this Agreement constitutes the final written agreement and understanding of the parties and is intended as a complete and exclusive statement of the terms of the agreement, which shall supersede all other representations, agreements, and understandings, whether oral or written, which relate to the use of the LN Services and all matters within the scope of this Agreement. Without limiting the foregoing, the provisions related to confidentiality and exchange of information contained in this Agreement shall, with respect to the LN Services and all matters within the scope of this Agreement, supersede any separate non -disclosure agreement that is or may in the future be entered into by the parties hereto. Any additional, supplementary, or conflicting terms supplied by the Customer, including those contained in purchase orders or confirmations issued by the Customer, are specifically and expressly rejected by LN unless LN expressly agrees to them in a signed writing. The terms contained herein shall control and govern in the event of a conflict between these terms and any new, other, or different terms in any other writing. This Agreement can be executed in counterparts and faxed or electronic signatures will be deemed originals. 27. MISCELLANEOUS. If any provision of this Agreement or any exhibit shall be held by a court of competent jurisdiction to be contrary to law, invalid or otherwise unenforceable, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law, and in any event the remaining provisions of this Agreement shall remain in full force and effect. The headings in this Agreement are inserted for reference and convenience only and shall not enter into the interpretation hereof. I HEREBY CE knowledge of t •Q! AUTHORIZATION AND ACCEPTANCE OF TERMS IF that I am authorized to execute this Agreement on behalf of the Customer listed above and that I have direct e fao s stated above. Uto • UNA SSI Risk FL Non-FCRA App & Agreement Government A t CUSTOMER Signature Print Name Title Dated SeHier u.:A.I IAA/ ►s ,SSiSnIN i @,rt .MANA-LiE,cta /1.511T (mm/dd/yy) Plant ©4 ez attoriasy tizilocursgve Confidential OFFICIAL RECORD C1TY SECRjI�M g. !� WORTH,TlG exisNexis SCHEDULE A Accurint for Government (Per User Subscription) Agency (Customer) Name. CITY OF FORT WORTH Billgroup #. ST1446324 LN Account Manager Kent Stucki This Schedule A sets forth additional or amended terms and conditions for the use of the Accurint for Government 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"). The services set forth in this Schedule A are non-FCRA Services. 1. SCHEDULE A TERM The term of this Schedule A will be 12 months beginning 02/01/2014 (the "Initial Term"), and shall automatically renew for up to three additional periods of twelve (12) months (each one, a "Renewal Term'), unless a party provides written notice of termination to the other 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. FEES 2.1 User Fees: The following table (the "Price Table") describes the agreed upon user fees (the "User Fees"): PRICE TABLE Monthly Minimum Users: Standard Features Fee: Premium Features Fee: Total Monthly User Fees (per user): Total Monthly Minimum Amount: Real Time Phone Search 10 $110.00 $25 00 $135 00 $1,350 00 All of the searches and reports included in the Price Schedule are referred to as the "Features". The User Fees include unlimited access to all Features, excluding those Features identified in Section 2.2. User Fees shall be due each month for: (i) any user ID upon which any search occurs during a calendar month; and (ii) any user ID activated on Customer's account which was not used to perform any searches and is not suspended or terminated by the close of business on the last day of such month. At the end of each twelve-month period User Fees will be increased 0% 2.2 Transactional Fees: Unless otherwise selected in the Price Table, the following Features shall be charged a transactional fee (the "Transactional Fees") as specified in the attached Price Schedule: American Board of Medical Specialties Search, Bankruptcy Documents, Canadian Phones, Comprehensive Healthcare Business Report, Comprehensive Healthcare Provider Report, Court Search Wizard, D&B Search, DE Corp Search and Report, Email Search, MVR Reports, National Motor Vehicle Accident Search & Report, News Searches, Online Batch Services, Phones Plus, Property Deed Image, Provider Sanction Search and Report, Provider Search and Report Real Time MVR, Real Time Person Search, Real Time Phone Search, Virtual Identity Search & Report, and XML Features with Transactional Fees will be disabled when account is set up. Please contact your account manager at any point to have these features with Transactional Fees enabled. 2.3 Payment Amount: Customer shall pay to LN each month the greater of (i) total User Fees and applicable Transactional Fees or (ii) the total monthly minimum amount(s) as specified in the Price Table. Page 1 of 9 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) 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 02/25/2014. 4, CONFIDENTIAL INFORMATION This Schedule A contains confidential information of LN. Customer acknowledges that the disclosure of such 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 except as required by law. AGREED TO A Signed: Name: SU &AA; tf IA Ai IS Title: 1-4 S.SISM fur Date: 0 E ire Page2of9 LI±tj `# ) • zil It L SS1 e LI tt DACCEPTED BY: CITY OF FORT WORTH 2 Iesh , i }B . warmer BowisoI" Ansi taS C ty Attogney irA Ia `- � t„+ friA a`i a. nvrtonOVP II III • Ill I I G0 crpar, 00000 V ,to G'j GG \-2 w/7 v I. t'l5 t cam! ria4, ,1 rjja j }►,� ,I [ 1 1'J\ (r-; i L1 II It }ijiJc F �, Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) 163313.2v2 ear 0;„ 0 o Accurint for Government (Plan 44) Updated 2/15/2013 Pricing is per hit unless otherwise indicated All features with a price of $0.00 are considered "Standard Features" and are included in the Subscription plan. PRICE SCHEDULE (Subscription) ADVANCED PERSON SEARCH AMERICAN BOARD OF MEDICAL SPECIALTIES SEARCH ASSOCIATES ("Next Steps") BANKRUPTCY SEARCH (Charged per search) Bankruptcy Report Bankruptcy Dockets ($0.50 for first 5 pages & $0.20 per page thereafter) Bankruptcy Documents (per page, up to max charge of $6 per document) BANKRUPTCIES, LIENS & JUDGMENTS SEARCH (Charged per search) BASIC LOOKUP SEARCH (Directory Assistance) BOOLEAN SEARCH BUSINESS CREDIT SEARCH Business Credit Report BUSINESS INSTANTID SEARCH (Charged per search) BUSINESS INSTANTID & FRAUDDEFENDER SEARCH (Charged per search) BUSINESS SEARCH BUSINESSES IN THE NEWS SEARCH (Not discounted) CANADIAN PHONES CASE AUDIT COMPLIANCE CASE CONNECT DECONFLICTION ALERTS CIVIL COURTS SEARCH (Report Included) (Charged per search) CLIA SEARCH CONCEALED WEAPONS PERMIT SEARCH CORPORATION FILINGS SEARCH (Report included except in Delaware) COURT SEARCH WIZARD (Additional fees may apply; orders are non-refundable) County Civil Lower & Upper Court - 7 Year County Civil Lower & Upper Court - 10 Year County Criminal - 7 Year County Criminal - 10 Year Federal Division Civil - 7 Year Federal Division Civil - 10 Year Federal Division Criminal - 7 Year Federal Division Criminal - 10 Year Statewide Criminal CREDIT (FCRA) CREDIT REPORT (Employment Purpose only) - Single (FCRA) CREDIT REPORT (Employment Purpose only) - BiMerge (FCRA) CREDIT REPORT (Employment Purpose only) - TriMerge (FCRA) Page 3 of 9 (not discounted) $0 00 $5 00 $0.00 $0.00 $0.00 $0.50 $0.20 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $5.00 $0.40 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $35.00 $40.00 $25.00 $30.00 $16.00 $25.00 $16.00 $25.00 $24.00 $2 25 $6 00 $12.00 $17.00 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) CRIMINAL RECORDS SEARCH (Charged per search) Criminal Records Report DEA CONTROLLED SUBSTANCES LICENSE SEARCH DEATH RECORDS SEARCH (Charged per search) Death Records Report DELAWARE CORPORATION SEARCH (Not discounted) Delaware Corporation Report (Not discounted) DRIVER LICENSES SEARCH DUN & BRADSTREET (D&B) SEARCH Dun & Bradstreet (D&B) Report (Not discounted) E-MAIL SEARCH FAA AIRCRAFT SEARCH (Report Included) FAA PILOT SEARCH (Report Included) FEDERAL FIREARMS & EXPLOSIVES LICENSE SEARCH FEDERAL EMPLOYER ID NUMBERS (FEIN) FICTITIOUS BUSINESS NAME SEARCH FORECLOSURES SEARCH (Report Included) HUNTING/FISHING LICENSE SEARCH INSTANTID CONSUMER SEARCH (Charged per search) INSTANTID CONSUMER & FRAUDDEFENDER SEARCH (Charged INTERNET DOMAIN NAME SEARCH LIENS & JUDGMENTS SEARCH (Charged per search) Liens & Judgments Report MARRIAGES / DIVORCES SEARCH MOTOR VEHICLES SEARCH Motor Vehicles Report MVR REPORTS (DRIVING Alabama 3-year Delaware Florida 3-year Florida 7-year Illinois Indiana 7-year Iowa Kansas Maine 3-year Minnesota 5-year Mississippi 3-year N ebraska 5-year N orth Carolina 7-year Rhode Island 3-year S outh Carolina 3-year Tennessee 5-year U tah 3-year Vermont 3-year West Virginia 7-year Page 4of9 per search) RECORDS) (Charged per search) (Not discounted) I I 1 $0.00 $0.00 $0.00 $0.00 $0.00 $1.00 $11.00 $0 00 $0 25 $0 00 $0 40 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $0 00 $12.00 $21.50 $7.15 $8.15 $17.00 $11.00 $13.50 $11.50 $12.00 $7.50 $16.00 $8.00 $13.00 $ 23.00 $12.25 $12.00 $12.25 $18.00 $10.00 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) NATIONAL MOTOR VEHICLE ACCIDENT SEARCH & REPORT $0,00 NATIONAL UCC FILINGS SEARCH (Report Included) $0,00 N EIGHBORS ("Next Steps") (Not discounted) $0.00 N PI SEARCH j $0.00 N PI Report j $0.00 OFFICIAL RECORDS SEARCH (Report Included) j $0.00 PATRIOT ACT SEARCH (Charged per search) J $0.00 P EOPLE AT WORK SEARCH j $0.00 P EOPLE IN THE NEWS SEARCH (Not discounted) $5.00 P ERSON ALERTS MONITORING (Monthly Monitoring Transactions Per Account) (Alerts charged at regular price) 1 - 50 j $0.00 51 - 250 ( $0.00 251 - 500 ( $0.00 501 - 1,000 $0.00 1,001 - 5,000 j $0.00 5,001 - 25,000 ( $0.00 25,001 - 100,000 j $0.00 PERSON SEARCH $0.00 P HONES PLUS SEARCH 1 $0.50 P ROFESSIONAL LICENSES SEARCH (Charged per search) ( $0.00 P ROPERTY ASSESSMENTS SEARCH 1 $0.00 P roperty Assessments Report 1 $0.00 P ROPERTY DEEDS SEARCH 1 $0.00 P roperty Deeds Report (excluding Deed Image) ( $0.00 P roperty Deeds Image (addl charge when ordered within Property Reports) (Not discounted) ( $8.00 P ROPERTY SEARCH (Property Assessments, Deeds & Mortgages) 1 $0.00 P roperty Report (Property Assessments, Deeds & Mortgages excluding Deed Image) [ $0.00 P ROVIDER SEARCH $0.25 P rovider Report $5.00 P ROVIDER SANCTION SEARCH (Charged per search) $0.25 P rovider Sanction Report $5.00 REAL TIME MOTOR VEHICLE REGISTRATIONS (Charged per search) $3.50 REAL TIME PERSON SEARCH (Charged per search) $3.50 REAL TIME PHONE SEARCH $0.50 RELATIVES (` Next Steps") $0.00 RELATIVES, NEIGHBORS & ASSOCIATES ("Next Steps") $0.00 RELAVINT VISUAL LINK ANALYSIS (Per Diagram) (Not discounted) $0.00 REVERSE LOOKUP SEARCH (Reverse Directory) $0.00 SATELLITE IMAGE SEARCH $0.00 SEXUAL OFFENDERS SEARCH (Report Included) (Charged per search) $0.00 VIRTUAL IDENTITY SEARCH & REPORT $2.00 VOTER REGISTRATION SEARCH $0.00 WATERCRAFT SEARCH $0.00 Watercraft Report $0.00 WORKPLACE LOCATOR (Not discounted) $3.50 REPORTS - -_ Page 5 of 9 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) ASSET REPORT: Property Deeds & Assessments, Vehicle Registrations, Watercraft, FAA Pilots, FAA Aircraft and UCC Filings, AUTOMATED VALUATION MODEL (AVM) REPORT BUSINESS LINK REPORT COMPREHENSIVE REPORT (Best Value): Summary Report, Associates, Bankruptcy, Concealed Weapons Permits, Criminal Records, DEA Controlled Substances License Search Driver's Licenses, FAA Aircraft, FAA Pilots Federal Firearms & Explosives License Search, National Motor Vehicle Accident Search & Report, Hunting / Fishing Permits, Liens & Judgments, Neighbors, People at Work, Phones Plus, Possible Education, Professional Licenses, Property, Relatives (3 Degrees), Sexual Offenders, UCC Filings, Vehicle Registrations, Voter Registration and Watercraft. ENTITLEMENT REPORT: Summary Report, Phones Plus, Bankruptcy, Liens/Judgments, UCC Filings, People at Work, Driver's Licenses, Vehicle Registrations, Property, Watercraft, FAA Pilots, FAA Aircraft, Professional Licenses, Associates, Relatives (3 Degrees), Criminal Records and Sexual Offenders. Results can be restricted by the user to their applicable dates of interest. FINDER REPORT; Address Summary, Others using SSN, Date/Location where SSN issued, Phone Summary, Current Listed Phones Unverified phones with Type and Date Indicators, Current Neighbor Phones, Possible Relative Phones (2 Degrees), Possible Associate Phones Phones at Historical Addresses, Bankruptcy Filings and Corporate Affiliations. SUMMARY REPORT: Address Summary, Others using SSN, Date/Location where SSN issued, Census Data Bankruptcy Indicator, Property Indicator and Corporate Affiliations Indicator. COMPREHENSIVE ADDRESS REPORT (Base Report Features: Current and Previous Residents and Phones at Address) Additional Report Options: Bankruptcy (Charged per search) Businesses at Address Concealed Weapons Permit Search Criminal Records Search (Charged per search) Criminal Records Report Driver Licenses at Address Hunting/Fishing License Search Liens and Judgments (Charged per search) Motor Vehicles Registered at Address Neighborhood Profile (2010 Census) Neighbors at Address Property Ownership Current / Previous Sexual Offenders Search (Report Included) (Charged per search) COMPREHENSIVE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations Parent Company, Id Numbers and Industry Information) Additional Report Options: Associated Businesses Associated People Bankruptcy (Charged per search) Business Registrations Corporation Filings Dun & Bradstreet Records (Not Discounted) FAA Aircraft Internet Domain Names Page 6 of 9 I $0.00 $0.00 Soso $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $3.75 $0.00 $0.00 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) IRS 5500 Liens and Judgments (Charged per search) Motor Vehicles P roperties U CC Filings Watercraft CUSTOM COMPREHENSIVE REPORT (Base Report Features: Others Using Same SSN, Date and Location where SSN Issued, Company Header, Address Summary, Possible Education, Comprehensive Report Summary) Additional Report Options: Associates Bankruptcy (Charged per search) Criminal Records (Charged per search) DEA Controlled Substances License Search Driver Licenses Information Email Search Federal Firearms & Explosives License Search Liens and Judgments (Charged per search) Motor Vehicle(s) Registration (Watercraft & Boat Trailers included) N ational Motor Vehicle Accident Search & Report N eighborhood Profile (2010 Census) N eighbors (Up to 6 Neighbors at 10 Different Addresses) P eople at Work P hones Plus P rofessional Licenses (Charged per search) P roperties Relatives (Per Degree of Separation; Up to 3 Degrees) S exual Offenses (Charged per search) S upplemental Data Sources (Charged per search) U CC Filings FLAT RATE COMPREHENSIVE HEALTHCARE BUSINESS REPORT (includes Base Report Features and Additional Report Options listed below) COMPREHENSIVE HEALTHCARE BUSINESS REPORT (Base Report Features: Name, Address and Phone Variations; Parent Company ID Numbers and Industry Information) Additional Report Options: Associated Businesses Associated People Bankruptcy (Charged per search) Business Phone Matches Business Registrations Corporation Filings Dun & Bradstreet Records (Not Discounted) FAA Aircraft Internet Domain Names IRS 5500 Liens and Judgments (Charged per search) Motor Vehicles Page 7 of 9 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $ 0.40 $0.00 $0.00 $0,00 $0.00 $0.00 $0.00 $0.00 $0.50 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $10.00 $0.50 $1.00 $1.00 $1.00 $0.25 $0.25 $1.00 $3.75 $0.25 $0.25 $1.00 $0.25 $0.75 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) FLAT RATE COMPREHENSIVE HEALTHCARE PROVIDER REPORT (includes Base Report Features and Additional Report Options listed below) COMPREHENSIVE HEALTHCARE PROVIDER REPORT (Base Report Features: Gender, Date of Birth, Social Security Number, Tax ID(s) UPIN and NPI number) Additional Report Options: Additional Deceased Data Sources Associates Bankruptcy (Charged per search) (Not discounted) Business Address Summary Business Affiliations Business Phone Matches DEA Licenses Degrees Education Group Affiliations GSA Sanctions (Charged per search) Hospital Affiliations Liens and Judgments (Charged per search) Medical Licenses (Charged per search) P ossible Criminal Records (Charged Per Search) P rofessional Licenses (Charged per search) Sanctions (Disciplinary) (Charged per search) S pecialties Verification _ ONLINE_BATCH `':_ -- Advanced Person Search Deceased Person Address (single) Address (multiple) EDA Phones (Directory Assistance) (single) EDA Phones (Directory Assistance) (multiple) Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work (single) Waterfall Phones - Directory Assistance Match, Address and Name Variations, Co - Residents Phones Plus & Relatives; Add-ons Possible Relocation, Neighbors & People at Work (multiple) I Address and Phones (single) Address and Phones (multiple) I Address and/or Phone Dedupe (per input) (single) I Address and/or Phone Dedupe (per input) (multiple) Phones Plus Page 8 of 9 P roperties $1.00 S anctions $0.50 U CC Filings $0.50 Verification $0.75 Watercraft $1.00 $6.00 $0.50 $0.00 $0.00 $0.25 $0.25 $0.50 $0.25 $0.25 $0.00 $0.50 $0.50 $0.50 $0.50 $0.25 $1.00 $0.25 $1.00 $0.50 $0.00 $0.75 $0.50 $0.25 $0.13 $0.16 $0.10 $ 0.12 $0.23 $0.25 $0.25 $0.30 $0.03 $0.04 $0.50 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) 1 Real Time Phone Search Real Time Motor Vehicle Registrations Property - Add Up to Five Properties owned by the subject Consumer InstantID Consumer InstantID with Fraud Defender Consumer InstantID with Red Flags Rule Business InstantID Business InstantID with Fraud Defender Multiple = 2 or more phones/addresses returned Page 9 of 9 $0.50 $1.50 $1.00 $0.65 $0.95 $0.90 $1.30 $1.30 163313.2v2 Customized Schedule A Fax all pages of the completed Schedule A to your Account Manager Accurint for Government (Plan 44) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 1/12/2010 DATE: Tuesday, January 12, 2010 REFERENCE NO.: **P-11081 LOG NAME: 13P09-0261ACCURINTAG SUBJECT: Authorize the Execution of a Sole Source Contract with LexisNexis Risk and Information Analytics Group, Inc. for Access to Accurint for Government Services for an Amount Up to $44,000.00 RECOMMENDATION: It is recommended that the City Council authonze execution of a sole source contract with LexisNexis Risk and Information Analytics Group, Inc., for access to Accurint for Government Services for an amount up to $44,000.00. DISCUSSION: The Internal Audit and Water departments will use this sole source contract (contract) to access Accurint for Government Services (Accurint) an online public and commercial information search application. Accurint provides a full suite of investigative tools to governments, enabling authorized city staff to locate people, detect fraud, uncover assets, venfy identity, perform due diligence and visualize complex relationships Accurint provides instant electronic access to a comprehensive catalog of public records information, advanced link analysis technology, wireless applications and innovative visualization tools which enables city staff to enforce laws and regulations, prevent improper payments, fight waste and abuse and provide more citizen —centric services. This type of service has recently become a critical need. Effective November 1, 2009, the Federal Trade Commission requires the city to follow an Identity Theft Prevention Program to detect and prevent ' red flag" rules pertaining to Identity Theft. The initial contract will be based on per user subscription fees and batch service transactional fees, billed monthly. It is estimated that there will be ten users, six users in the Water Department and four users in the Internal Audit Department. The Water Department will use Accurint to meet their red flag requirements for verification of customer request for services and to manage and investigate collections The Internal Audit Department will use Accurint as an investigation resource in performing audits, such as vendor authentication, funds abuse, tax exemptions research and ownership of tracking assets. Accurint is the only product that meets the all of the needs of both the Internal Audit and Water Departments. LexisNexis Risk and Information Analytics Group, Inc., is the documented sole source provider of Accurint for Government Services, including all LexisNexis proprietary and licensed databases. M/WBE — A waiver of the goal for M/WBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. PRICE ANALYSIS — There is no previous purchasing history for these services. The proposed contract is based on a monthly flat rate price of $150.00 per user with additional $0.65 transaction fee, per transaction for any additional features listed in the Price Schedule A. The Internal Audit and Water departments have reviewed pricing and determined it to be fair and reasonable. ADMINISTRATIVE INCREASE — An administrative increase or amendment for this Agreement may be made by the City Manager, or his designee, for an amount up to $11,000.00 and does not require specific City Council approval so long as sufficient funds have been appropriated. AGREEMENT TERMS — Upon City Council's approval, this contract will be effective February 1, 2010 and shall expire one year from the effective date. RENEWAL OPTIONS — This contract may be renewed for up to three successive one year terms at the city's option. This action does not require specific City Council approval provided that the City Council has appropriated sufficient funds to satisfy the city's obligations during the renewal term. FISCAL INFORMATION: The Financial Management Services Director certifies that funds are available in the current operating budgets, as appropriated, of the General and Water and Sewer Funds, BQN\09-0261\AMG FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. Lexis Nexis Acreement.ndf 2. Lexis Nexis Schedule A.pdf 3. MWBE.Waiver 09-0261.LexisNexis.ndf 4. Sole Source Form — Lexis Nexis f FROM Fund/Account/Centers Karen Montgomery (6222) Lena Ellis (8517) Jack Dale (8357) Angela Gonzales (7648)