HomeMy WebLinkAboutRES 14-152RESOLUTION NO. 14 - 152
WHEREAS, the Beaumont Police Department has utilized a free public record
database to provide comprehensive information that is essential for investigations; and,
WHEREAS, due to a change of ownership, the database has changed names to
TransUnion Risk and Alternative Data Solutions, Inc. (TRADS) and now requires an annual
subscriber agreement, along with a monthly subscriber fee of $110 per month; and,
WHEREAS, the City Council is of the opinion that a one (1) year Law Enforcement
Agency Subscriber Agreement with TransUnion Risk and Alternative Data Solutions, Inc.
(TRADS), of Boca Raton, Florida, attached hereto as Exhibit "1," for access to a public
record database to provide comprehensive information that is essential for Beaumont
Police Department investigations and Amendment No. 1 to the Law Enforcement Agency
Subscriber Agreement with TransUnion Risk and Alternative Data Solutions, Inc. (TRADS),
of Boca Raton, Florida, attached hereto as Exhibit "2," for subscriber fees in the amount
of $110 per month, be accepted;
NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF BEAUMONT:
THAT the statements and findings set out in the preamble to this resolution are hereby, in
all things, approved and adopted; and,
THAT the City Manager be and he is hereby authorized to execute a one (1) year
Law Enforcement Agency Subscriber Agreement with TransUnion Risk and Alternative
Data Solutions, Inc. (TRADS), of Boca Raton, Florida, attached hereto as Exhibit "1" and
Amendment No. 1 tothe Law Enforcement Agency Subscriber Agreement with TransUnion
Risk and Alternative Data Solutions, Inc. (TRADS), of Boca Raton, Florida, attached hereto
as Exhibit "2," for the purposes described herein.
2014.
PASSED BY THE CITY COUNCIL of the City of Beaumont this the 15th day of July,
Mayor Be&y Ames -
This Agreement is entered into as of the date indicated below, by and between Beaumont Police D partmept ("Agency") and TransUnion Risk and
Alternative Data Solutions, Inc. ("TRADS"), effective on the date of the approval of the Application by TRADS.
1. TRADS agrees to provide Agency access to and use of TRADS Services. TRADS grants Agency a personal, non-exclusive, non -transferable,
revocable license to obtain and use the TRADS Services pursuant to the terms of this Agreement. Either party may terminate this Agreement at any
time. Agency understands that TRADS Services contain sensitive information that is governed by various state and federal laws, including the
Gramm -Leach -Bliley Act (15 U.S.i:�. § 6801-6809) and The Driver's Privacy Protection Act (18 U.S.C. § 2721-2725), all of which the Agency certifies to
comply.
2. If Agency desires to receive TRADS Services subject to GLBA, Agency hereby certifies that the specific purpose(s) for which such TRADS Services will
be requested, obtained and used by Agency is one or more of the following uses as described in, and as may be interpreted from time to time, by
competent legislative, regulatory crjudicial authority, and as being encompassed by Section (6802)(e) of the GLBA and the United States Federal
Trade Commission rules promulgated thereunder:
o To protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability;
o To the extent specifically permitted or required under laws other than the GLBA, and in accordance with the Right to Financial Privacy Act of 1978,
to law enforcement agencies, to self-regulatory organizations, or for an investigation on a matter related to public safety; or,
o To comply with federal, state, or local laws, rules, and other applicable legal requirements.
3. If Agency desires to receive TRADS Services subject to DPPA, Agency hereby certifies that it will request, obtain, and use such TRADS Services only
for one of the following permitted uses under the DPPA:
o Use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity acting
on behalf of a federal, state, or local agency in carrying out that agency's functions.
• 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 enforcenent of judgments and
orders, or pursuant to an order of a federal, state, or local court.
4. TRADS is not a "consumer reporting agency," and TRADS Services do not constitute a "consumer report," as defined by the Fair Credit Reporting Act
(15 U.S.C. § 1681 et seq.) ("FCRA"). Agency represents and warrants that the TRADS Services obtained hereunder will not be used in whole or in
part, as a factor in establishing an individual's creditworthiness or eligibility for (i) credit or insurance, or (ii) employment, nor for any other purpose
under the FCRA. The TRADS Services are provided "as -is", with no warranties of any kind, including without limitation, those as to quality, accuracy,
completeness, timeliness, or currentness, and those warranties that might be implied from a course of performance or dealing or trade usage and
warranties of merchantability and fitness for a particular purpose. Information obtained from TRADS Services should not be relied upon as accurate.
Before relying on any such information, Agency must verify it independently through other investigative means in accordance with Agency's guidelines
and protocols.
5. Agency agrees to designate an account administrator to ensure compliance with this Agreement by all users granted access by the Agency.
Specifically, the account administrator is responsible for (i) allowing only appropriate employees to obtain TRADS Services in compliance with this
Agreement; (ii) monitoring appropriate use of TRADS Services by the Agency and its employees; (iii) maintaining accurate records of all current
e0lpioyees_with access_to TRADS Services and_ali former_ employees who haye ever_accessed them;.( v) I suing_guideline s for the appropriate use of.
TRADS Services by its users; (v) ensuring that each of its users is accessing TRADS Services with only his or her own individually -assigned username
and password; and (vi) terminating access when a user is no longer employed by Agency, is transferred to new duties not requiring access, or is
suspected of improper access or use of TRADS Services. Agency will employ appropriate policies and procedures to control access and security of
usernames, passwords, and terminal access for TRADS Services. Agency will immediately notify TRADS at
SeS uritvin .idem Trans Jni �n om of any breach of security in which an unauthorized person has gained access to TRADS Services. TRADS may
audit Agency's use of TRADS Services. Agency agrees to cooperate and to provide TRADS all documentation reasonably requested relating to
Agency's account.
6. Agency will not use or allow use of TRADS Services for any commercial or non -law enforcement purposes.
7. Agency agrees to hold TRADS and its representatives, including parents, subsidiaries and affiliates, harmless from any and all liabilities relating to
Agency's use of TRADS Services or any breach of this Agreement by Agency. TRADS's entire liability to Agency is limited to direct damages not
exceeding the fee paid by Agency for the TRADS Services obtained. TRADS shall not be liable for any other damages, costs or expenses whatsoever.
8. Agency agrees to pay TRADS all applicable charges for TRADS Services accessed, including taxes, duties and other charges imposed by any
governmental entity for the TRADS Services provided under this Agreement. if Agency is using TRADS Services during a free trial period, there is no
obligation to pay for those services accessed during such period.
9. This Agreement, the Attachments and the Terms and Conditions located at htt :Ltw w TI O =Vle cm sand conditions/ , all incorporated by reference,
constitute the entire agreement between Agency and TRADS. This Agreement and the license granted hereunder may not be assigned, transferred, or
sublicensed, in whole or in part, without TRADS's prior written approval.
I certify that f have read and agree to this Agreement, the Attachments, and the Terms and Conditions, that I am authorized to execute this Agreement on
behalf of Agency, and that all information I have provided is true and correct. All of the foregoing is accepted and agreed to by:
Beaumont PoliceDepartment
Agency Name ("Agency")
X _
Authorized Agency Designee Signature Date
Type or Print Name of Authorized Agency Designee
Revised 03/27/14 EXHIBIT "1"
Account # 46501
Page 1
Agency Name: Beaumont Police Department___.________.._._.__......
Agency Address: 255 College., Beaumont, TX 77704
Agency Phone #: 4098803830 Agency Web Site: Ettp://WWW.beaumontpd,com/
Agency ORI: TX1230100 Number of Sworn Positions in the Agency: 100-499
Name: _..____.___....._.______-_.-_-----__.__._----._-_____.__-----
James_Si�letary__._.__._...___
Phone #: 4098803801 _._.
E-mail Address: (jsingletary a�cibeaumont.tx.us
` ' • ' - (Supervisory rank with authority to bind the Agency)
Name: Jim Cla_y_____-__--
Division: Criminal Investigations
Rank: Ca fain - - ---- __
_�.___.___�.____ ID/Badge Number: 03041
Direct Phone3881 #: 409880 - - _ _ ..__..... _
_._._ ._...__ � E-mail Address. �aclay_a�ci Beaumont tx.us_.._
Cell Phone #:
Account• (The person responsible for managing your account on behalf of the Agency)
Name: Charles Durham _
,vision: 16,iminallnvestigations -
Rank:Detective - _�_ --�-_ ID/Badge Number: ! E
Address (if not Headquarters): - --"- - ---�
Direct Phone #: 4098803840
Cell Phone
E-mail Address: Icduchampaa7ci.beaumont.tx.us
Revised 03/27/14
Account # 46501
Page 2
AMENDMENTNO i
This Amendment No. i ("Amendment"), effective as of the date set forth in the signature block
below, is to the Law Enforcement Agency Subscriber Agreement (the "Agreement"), incorporated by
reference, between TransUnion Risk and Alternative Data Solutions, Inc. ("TRADS") and the agency
identified in the signature block below ("Agency"),
In consideration of the parties' mutual promises, and other good and valuable consideration,
TRADS and Agency desire to amend the Agreement and agree as follows:
1. Effective on August 1 , 2014, during the term of the Agreement, Agency agrees
to pay TRADS all applicable charges for products and/or services accessed as set forth in Attachment "A"
to this Amendment.
Except as expressly amended above, all of the terms and conditions of the Agreement shall
continue in full force and effect. This Amendment may be executed in any number of counterparts, all of
which taken together shall constitute one in the same instrument, and any of the parties hereto may
execute this Amendment: by signing such counterpart in the original, or by facsimile or other electronic
transnllssion.
All of the foregoing is accepted and agreed to by:
Law Enforcement Agency SA Amend 041514
Beauniow Police Deparhnent
Agency --
Signed by:
Authorized Agency Designee
Print Name:
Date:
Account Number: #46501
EXHIBIT "2"
ATTACHMENT"A"
Subscriber: Beaumont Police Department
Subscriber ID: #46501
Effective Date: August 1, 2014
Pricing Contract: Flat Rate — Transactions
Term: This Agreement shall commence on the Effective Date and
continue in effect for 12 months. Thereafter, the Agreement shall
automatically renew for additional successive 12 -month terms
unless written notice of intent not to renew is provided by one party
to the other at least 60 days prior to the expiration of the then
current term
Monthly Fee: $110
Monthly Transactions: 500
(unused Monthly Transactions do not rollover)
Agreement Includes the following searches:
All searches and reports EXCLUDING:
- Super Reverse Lookup
- Vehicle Sightings Report
- Social Media Search
- Transactions included in the Monthly Fee pertain to searches and
reports currently offered through TLOxp as of 06/27/2014.
Additional searches and/or reports that fall outside of the Monthly
Fee may be added to TLOxp in the future
Each search listed above is a "transaction."
- All included transactions in excess of monthly transactions will
be charged at a rate of $0.22 per transaction
Pricing for excluded searches:
- Super Reverse Phone Lookup will be charged at $0.25 per
transaction
- Vehicle Sightings Report will be charged $8 for each category
(current, recent or historical) - $20 for all 3 categories at once
Social Media Search will be charged $1.00 per transaction
- All other searches/reports are subject to TLO Pricing, which
may change from time to time
Subscriber Initials
101,01 20120817