HomeMy WebLinkAboutCC Resolution 14528 (Crime Analyst Services)1
RESOLUTION NO. 14528
RESOLUTION OF THE SAN RAFAEL CITY COUNCIL AUTHORIZING THE
CITY MANAGER TO EXECUTE AN AGREEMENT FOR CRIME ANALYSIS
SERVICES WITH LEXISNEXIS RISK SOLUTIONS, INC., IN AN AMOUNT
NOT TO EXCEED $143,190 AND APPROPRIATING THIS AMOUNT FROM
THE SAFETY GRANT FUND TO SUPPORT THE AGREEMENT
WHEREAS, in 2011, California Governor Brown signed Assembly Bill 109 (AB 109),
establishing the California Prison Realignment Plan, under which low-level offenders and parole
violators are sent to county jail instead of state prison to serve their sentence; and
WHEREAS, in Fiscal Year 2012-13 the California Board of State and Community
Corrections (BSCC) allotted funds to cities throughout the state to enable a collective effort by
municipal law enforcement agencies in each county to address criminal activity and an increase
in calls for service due to realignment; and
WHEREAS, each county was to elect one city/town to be the fiscal agent for the funds
and the City of San Rafael was chosen as the fiscal agent for Marin County; and
WHEREAS, in 2014, the Marin County Police Chiefs agreed to use their departments’
BSCC funds, with additional funds from the Marin County Probation Department’s AB 109
funds, to hire a regional crime analyst to provide crime data analysis to all the Marin County law
enforcement agencies; and
WHEREAS, on March 3, 2014 the City Council approved a resolution authorizing an
agreement to use these funds to obtain professional crime analyst services from BAIR Analytics,
Inc. for a period of one year, as a countywide resource; and the agreement has been renewed
with BAIR Analytics, Inc. and subsequently to that company’s successor, LexisNexis Risk
Solutions, Inc. (LexisNexis), continuously since; and
WHEREAS, the current agreement with LexisNexis is scheduled to expire on June 30,
2018 and the Marin County Police Chiefs wish to renew the agreement for another one-year
term; and
WHEREAS, the City of San Rafael will again act as the fiduciary agent and project
manager for the agreement, on behalf of the law enforcement agencies in Marin County; and
2
WHEREAS, the cost of the crime analysis services under the renewed agreement will
again be supported by funds provided by Marin County Probation AB 109 funds and the Marin
County Police Chiefs’ BSCC funding, to be deposited in the City’s Safety Grant Fund;
NOW THEREFORE, BE IT RESOLVED, that the San Rafael City Council hereby
authorizes the City Manager to execute the Analyst for Hire Agreement with Addenda, with
LexisNexis Risk Solutions Inc., attached hereto as Exhibit “1” and incorporated herein by
reference, in a final form approved by the City Attorney, and in an amount not to exceed
$143,190 for a one-year term;
BE IT FURTHER RESOLVED, that the San Rafael City Council appropriates
$143,190 from the City’s Safety Grant Fund to support this Agreement.
I, LINDSAY LARA, Clerk of the City of San Rafael, hereby certify that the foregoing
resolution was duly and regularly introduced and adopted at a regular meeting of the City
Council of said City on the 2nd day of July, 2018, by the following vote, to wit:
AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: None
Lindsay Lara, City Clerk
ANALYST FOR HIRE AGREEMENT
This ANALYST FOR HIRE AGREEMENT ("Agreement's made effective as of 3UIy 2, 201%he "Effective
Date's between LexisNexis Risk Solutions FL Inc. ("LN'� and the City of San Rafael, via its Police Department with its
principal place of business at 1400 Fifth Avenue, San Rafael, CA 94901
(hereinafter "Customer").
WHEREAS LN is in the business of providing analytical software and services dedicated to providing public
safety, national security and defense entities the innovative tools and subject -matter expertise needed to identify,
analyze and resolve problems created by the actions of offenders and their networks that threaten citizens and
communities; and
WHEREAS Customer is the municipal law enforcement agency and utilizes LN's products in its law enforcement
efforts; and
WHEREAS Customer has determined it would be in Customer's best interest to have dedicated full-time crime
analysts and technical personnel to support its law enforcement efforts; and
WHEREAS LN and Customer wish to enter into an agreement pursuant to which LN will arrange with such crime
analysts and technical personnel for them to provide their services to Customer;
NOW, THEREFORE, in consideration of the covenants and agreements contained herein, LN and Customer agree
as follows:
1. SERVICES PROVIDED UNDER STATEMENT OF WORK. For any analysts/technical personnel who will be
performing services for Customer pursuant to this Agreement, LN will issue and Customer will execute a Statement of
Work in the form attached as Appendix A hereto referencing its incorporation of the terms and conditions of this
Agreement and stating the name(s) and the payment rate(s) and/or Fee for the personnel, duration of services, brief
description of project, authorization of additional costs beyond the payment rate(s) (such as travel, parking, drug testing),
and any other terms to which LN and the Customer may choose to agree. In the event of a conflict between the terms of
this Agreement and the terms of any Statement of Work, the terms of this Agreement shall control unless the Statement
of Work specifically (and not generally) identifies the conflicting terms in this Agreement and explicitly states that such
terms shall not apply but shall instead be superseded by the Statement of Work. The Statement of Work will be signed
by an authorized representative of Customer. Upon expiration of a Statement of Work, to the extent that any services
performed by one or more analysts/technical personnel are thereafter provided on the same or a different project, they
shall be provided under the terms of this Agreement.
2. BILLING AND PAYMENT. LN will bill Customer through invoices issued to Customer in arrears on a monthly
basis with one -twelfth (1/12) of the Fee, along with such other associated costs, as approved by Customer, except that
LN has sole discretion to bill on a less frequent basis if it deems it appropriate to do so. Customer will pay LN within 30
days from the date of such invoice, unless some other time has been agreed to in the Statement of Work, according to
the rates and terms of the Statement of Work. Customer agrees that it may be electronically invoiced for those fees.
Payments must be received by LN within thirty (30) days of the invoice date. Any balance not timely paid will accrue
interest at the rate of eighteen percent (18%) per annum or the highest rate allowed by applicable law, whichever is
less.
3. ACCEPTANCE OF SERVICES. Customer's project manager or other agent shall review at regular intervals the
time records and work product of analysts and/or technical personnel. Customer's approval of such time records
(including, but not limited to, costs of any applicable overtime rates, travel, per diem and other costs stated thereon)
and/or work product shall be deemed granted unless Customer provides notice to LN of some objection to the time
records or work product of the analysts and/or technical personnel. Acceptance by Customer shall not be unreasonably
withheld and any refusal to accept shall be noted on the time record for the relevant period, with a written explanation of
the reasons that the work was not acceptable and failure to so note such refusal shall constitute acceptance. Nothing
herein shall eliminate Customer's obligation to pay LN for any services provided by analysts/technical personnel which
Customer has approved by some other means.
4. ANALYSTS/TECHNICAL PERSONNEL NOT EMPLOYEES OF CUSTOMER. LN and Customer agree that for
purposes of FICA, FUTA and income tax withholding, as well as for purposes of any pension plan or health benefit plan
Analyst for Hire Agt (Q3.15.v1) Confidential Page 1 of 4
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maintained by Customer for its own employees; the analysts/technical personnel supplying services under this Agreement
are not employees of Customer.
5. EMPLOYMENT OR CONTRACTING OF PERSONNEL. During the period covered by any Statement of Work
and extensions thereof pursuant to this Agreement, or when Customer is provided with the name of any
analysts/technical personnel but determines not to use the services of such personnel so that no Statement of Work is
written covering that personnel, and for twelve months thereafter, Customer will not directly or indirectly, other than
through LN, solicit for hire, contract with, or engage or receive the services of, any analysts/technical personnel located
by LN for Customer.
6. DUTIES AND SUBSTITUTION OF ANALYSTS/TECHNICAL PERSONNEL. LN will locate analysts/technical
personnel for Customer according to the qualifications, experience, and project requirements set forth by Customer and
given to LN. The work to be performed by the analysts/technical personnel providing services under this Agreement shall
be set out by Customer and stated in the Statement of Work. The analysts/technical personnel shall report the results of
the work, to the extent required by Customer, to Customer's Project Manager or other designated official, but the primary
control over such personnel shall be exercised by LN or, in the case of such personnel who is a valid independent
contractor, by that personnel itself. Because Customer has the opportunity to interview all analysts/technical personnel
located by LN prior to their commencement of any services for Customer, LN shall have no liability to Customer if such
personnel are determined by Customer not to meet its requirements and Customer shall not be relieved of making
payments to LN for the services provided by such personnel up to the time that they are terminated in accordance with
this Agreement.
7. NOTICE OF TERMINATION OF SERVICES. Customer agrees to notify LN prior to its termination of any
services of the analysts/technical personnel covered by this Agreement regardless of whether such termination comes
before, is coincident with, or follows the duration date set forth in a written Statement of Work covering such services. If
any analysts/technical personnel providing services under this Agreement has terminated the relationship with LN, and
whether or not such termination is in violation of such personnel's agreement with LN, LN shall notify Customer of such
termination within three days of receipt of notice from such personnel.
8. INTELLECTUAL PROPERTY RIGHTS. Customer agrees that all material, documentation, deliverables and
other tangible expressions of information including but not limited to software programs and software documentation,
designs, technical data, formulae, and processes, whether in final production or draft, which result from any work
performed by any analysts/technical personnel providing services under this Agreement and all rights, title and interest,
including any copyright, patent rights and all other intellectual property rights, shall belong exclusively to LN unless some
other arrangements have been agreed to by both parties in writing.
9. CONFIDENTIALITY. 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, the 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" set forth under applicable law. Each receiving party ("Receiving Party'l 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 less 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, if permitted by law, 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 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
Analyst for Hire Agt (Q3.15.v1) Confidential Page 2
Confidential Information shall continue for the term of this Agreement and for a period of five (5) years thereafter,
provided however, that with respect to 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.C. 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.
Customer shall not request of the analysts/technical personnel providing services under this Agreement any information
regarding the rate(s) and other terms of remuneration agreed to between LN and such analysts/technical personnel, nor
shall Customer induce such analysts/technical personnel to provide such information, nor shall Customer disclose or
permit to be disclosed to such personnel, directly or through another party, any information regarding the rate(s) or other
terms of remuneration agreed to between Customer and LN. As LN considers such information to be "Confidential",
Customer agrees to notify LN immediately if such rate(s) or other terms are disclosed to it by any analysts/technical
personnel or any other party, or if it learns that any analysts/technical personnel have received information about the
rate(s) or other such terms agreed to between Customer and LN.
10. EXCISE, SALES, ETC. TAXES ON SERVICES. The charges for all services under this Agreement 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.
11. LIABILITY AND INDEMNIFICATION. LN shall not be liable for any damages whatsoever caused by any acts
or omissions beyond its control or not due to its fault. In the event that LN performs or omits to perform any act which
may support a claim for liability or for indemnification by Customer, Customer shall give prompt written notice to LN upon
its initial receipt of information that could reasonably support such claim. LN shall have the right to defend, or cause
Customer to defend, any claim for indemnification and Customer shall extend reasonable cooperation in connection with
such defense, which shall be at LN's expense. LN or its designated representative shall also have the sole right to settle
any such claim for indemnification if such settlement includes a complete release of Customer. Customer may at its
expense participate in the defense of any such claim for indemnification if its position is not materially inconsistent with
that of LN and if in its reasonable judgment such claim or the resolution thereof would have an ongoing material effect on
Customer. In the event LN fails to defend the same within a reasonable length of time, Customer shall be entitled to
assume the sole defense thereof, and LN shall be liable to repay Customer for all expenses reasonably incurred in
connection with said defense (including reasonable attorneys' fees and settlement payments) if it is determined that such
request for indemnification was proper.
12. TERMINATION OF THIS AGREEMENT. This Agreement will continue in effect until terminated by Customer
or LN which termination shall occur only at the expiration of the term provided for in the Statement of Work or otherwise
for a material breach of this Agreement.
13. ASSIGNMENT. Neither this Agreement nor any interest hereunder may be assigned or otherwise
transferred by either party to third parties other than affiliates of either party without the prior written consent of the
other parry which shall not be unreasonably withheld. This Agreement shall be binding upon and inure to the benefit of
the heirs, successors, assigns, and delegates of the parties hereto.
14. NOTICES. Any requirement to "notify" , or for "notice" or "notification", in connection with the subject
matter of this Agreement shall be in writing and shall be effective when delivered personally (including by Federal
Express, Express Mail, or similar courier service) to the party for whom intended, or five (5) days following deposit of the
same into the United States mail, certified mail, return receipt requested, first class postage prepaid, addressed to such
party at the address set forth below its signature to this Agreement. Either party may designate a different address by
notice to the other given in accordance herewith.
15. SEVERABILITY. If any term or provision of this Agreement shall be found to be illegal or otherwise
unenforceable, the same shall not invalidate the whole of this Agreement, but such term or provision shall be deemed
modified to the extent necessary by the adjudication to render such term or provision enforceable, and the rights and
obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the
intent and agreements of the parties herein set forth.
16. ECONOMIC SANCTIONS LAWS. Customer acknowledges that LN is subject to economic sanctions laws,
including but not limited to those enforced by the U.S. Department of the Treasury's Office of Foreign Assets Control
("OFAC'), the European Union, and the United Kingdom, Accordingly, Customer shall comply with all economic
Analyst for Hire Agt (Q3.15.vi) ;m>ini6iivflc"ntiiol Page 3 of 4
sanctions laws of the United States, the European Union, and the United Kingdom. Customer shall not provide
access to LN Services to any individuals identified on OFAC's list of Specially Designated Nationals ("SDN List'j, the
UK's HM Treasury's Consolidated List of Sanctions Targets, or the EU's Consolidated List of Persons, Groups, and
Entities Subject to EU Financial Sanctions. Customer shall not take any action which would place LN in a position of
non-compliance with any such economic sanctions laws.
17. COMPLETE AGREEMENT AND AMENDMENT. This Agreement and any written Statement of Works executed
hereunder contain the entire agreement between the parties hereto with respect to the matters covered herein.
Customer acknowledges that it is entering into this Agreement solely on the basis of the agreements and representations
contained herein. This Agreement shall not be modified in any way except in writing signed by both parties and stating
expressly that it constitutes a modification of this Agreement.
18. LAW AND DISPUTES. This Agreement shall be governed by the laws of the State of Georgia its conflict of
laws provisions notwithstanding. Any lawsuit pertaining to this agreement shall be brought in State or Federal courts in
the State of Georgia. The prevailing party in any action brought to enforce the terms of this Agreement shall be entitled
to recover its attorney's fees and costs.
AUTHORIZATION AND ACCEPTANCE
I HEREBY CERTIFY that I am authorized to execute this Agreement on behalf of Customer.
CUSTOMER: City of San Rafael
Signature:
Print: Jim Schutz
Title: City Manager
l
Date:
Analyst for Hire Agt (Q3.15.vi) Confidential Page 4 of 4
LexisNexis Risk Solutions
SCHEDULE A
Analyst for Hire
Accurint Crime Analysis via Accurint for Law Enforcement
(Subscription)
Customer Name:
Billgroup #:
LN Account Manager:
San Rafael Police Dept., CA
1616930
Andrew Aldenderfer
This Schedule A sets forth additional or amended terms and conditions for the use of the Analyst for Hire and
Accurint Crime Analysis services ("LN Services"), as set forth in the services agreement between Customer and
LN or LN's affiliate(s) for the LN Services ("Agreement"), to which this Schedule A is incorporated by reference.
The LN Services herein shall be provided by LexisNexis Risk Solutions FL Inc. ("LN"). Customer acknowledges
that the services provided under this Schedule A are non-FCRA services and are not "consumer reports" within
the meaning of the FCRA and Customer agrees not to use such reports in any manner that would cause them to
be characterized as "consumer reports".
This Schedule A governs the use of the LN Services listed herein, but not the separate use of any Accurint for
Law Enforcement services.
1. SCHEDULE A TERM
The term of this Schedule A will be 12 months beginning July 1, 2018 and ending June 30, 2019 (the "Term"). If
an account is activated after the first day of a calendar month, charges will not be pro -rated.
2. ANALYST FOR HIRE FEES
In exchange for the LN ATACRAIDS research analyst professional services ("Analyst for Hire"), as further
described in the Analyst for Hire Statement of Work attached hereto, Customer shall pay to LN an annual fee of
$134,190.00 ("AFH Fee") which shall be invoiced in 12 equal monthly installments of $11,182.50 per month, in
exchange for the professional services of one Analyst for Hire.
3. ACCURINT CRIME ANALYSIS ("ACA") FEES
3.1 In addition to the fees listed in Section 2 herein, Customer shall pay to LN each 12 -month period ("Year") of
the Schedule A Term beginning on the effective date hereof an annual license fee of $9,000.00 ("ACA Annual
License Fee") which shall be invoiced in 12 equal monthly installments of $750.00 per month, in exchange for
access to and use of the Accurint Crime Analysis service. The ACA Annual License Fee shall include one
standard Offender Database Interface and Web/Telephonic product training. Customer shall pay to LN an
annual fee of $750.00 for each additional Offender Database Interface ("Additional Interface Fees").
4. 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 June 18, 2018.
Page 1 of 2 298163.1v2
Customized Schedule A
Analyst for Hire + Accurint Crime Analysis - Online (Subscription)
Appendix A
5. CONFIDENTIAL INFORMATION
This Schedule A contains the confidential pricing information of LN. Customer acknowledges that the disclosure
of such pricing information could cause competitive harm to LN, and as such, Customer agrees to maintain this
Schedule A in trust and confidence and take reasonable precautions against disclosure to any third party.
AGREED TO AND E TED BY: San Rafael Police Dept., CA
Signed:
Name: Jim Srhutz
Title: City Manacler
Date: M, /is
Page 2 of 2 298163.1v2
Customized Schedule A
Analyst for Hire + Accurint Crime Analysis - Online (Subscription)
Accurint Virtual Crime Center/Accurint Crime Analysis/ LexisNexis Community Crime Map Addendum
This Accurint Virtual Crime Center/Accurint Crime Analysis/LexisNexis Community Crime Map Addendum ("Addendum'
sets forth additional or amended terms and conditions for the use of Accurint Virtual Crime Center; Accurint Crime
Analysis and/or LexisNexis Community Crime Map (the %N Services" provided herein), which are in addition to, and
without limitation of, the terms and conditions set forth in the services agreement between the customer identified
below ("Customer's and LexisNexis Risk Solutions FL Inc. or its affiliated entity ("LN'l for the LN Services (such services
agreement, the "Agreement'. The LN Services subscribed to herein will be listed on Customer's Schedule A.
Capitalized terms used herein but not defined herein shall have the meanings ascribed to them in the Agreement.
I. Public Safety Data Exchange Database
1. LN maintains the LexisNexis Public Safety Data Exchange Database ("PSDBC, which contains information
related to public safety and state and local law enforcement investigations. PSDEX is compiled from
information submitted by PSDEX customers and enhanced by LN data and technology.
2. In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to
contribute public safety information that may be used for analysis, investigations and reporting (the "Customer
Data Contribution'.
3. LN's obligations.
a. LN agrees to provide PSDEX information to Customer.
b. LN agrees to provide Customer with instructions for submitting information to the PSDEX database
and for using the PSDEX service.
4. Customer obligations.
a. Customer agrees to submit to LN, with reasonable promptness and consistency, Customer Data
Contributions.
b. Customer acknowledges and agrees that it is solely responsible for the content of the Customer Data
Contributions submitted to LN and that it shall use reasonable care to ensure the information
submitted is a reasonable reflection of the actual report. Each submission to LN with respect to an
incident or subject constitutes a Customer Data Contribution.
c. Customer's disclosure of information to LN is and will be in compliance with all applicable laws,
regulations and rulings.
d. Customer agrees to notify LN promptly of any change in status, factual background, circumstances
or errors concerning any Customer Data Contribution previously provided to LN. Customer further
agrees to submit corrected information in a timely manner. Customer agrees that it will fully and
promptly cooperate with LN should any inquiry about the Customer Data Contributions arise.
e. The following named individual/department shall serve as the contact person(s) for submissions
made to LN. The contact person shall respond to requests from LN for clarification or updates on
incident reports submitted by Customer during normal business hours, and Customer will not
reasonably withhold from LN information on any such submission. LN shall not reveal the identity
of the Customer's contact person(s) to any other PSDEX customer without Customer's consent.
Name:
Glenn McElderry
Title:
Police Captain
Address:
1400 Fifth Avenue
San Rafael. CA 94901
Phone:
(415)458-5301
Fax:
(415)485-3043
Email:
406@srpd.org
Customer agrees that it will access information contributed to PSDEX by other customers only
through LN.
Customer agrees that LN and all other PSDEX customers shall not be liable to Customer, and
Customer hereby releases LN and all other PSDB( customers from liability to Customer, for any
claims, damages, liabilities, losses and injuries arising out of, or caused in whole or in part by LN or
each such other PSDEX customer's negligence, gross negligence, willful misconduct and other acts
and omissions in reporting or updating incidents of alleged wrongdoing for inclusion in PSDEX. Other
PSDEX customers are intended to be third party beneficiaries of this paragraph.
ADDM_ AVCC/ACA/CCM (Q3.17.v1) Confidential Page 1 of 2
II. General Terms
1. LICENSE GRANT. Customer, at no charge, hereby grants to LN a paid up, irrevocable, worldwide, non-
exclusive license to use, adapt, compile, aggregate, create derivative works, transfer, transmit, publish and
distribute to PSDEX customers the Customer Data Contributions for use in PSDEX and all successor databases
and/or information services provided by LN.
2. GOOGLE GEOCODER. LN used Google Geocoder to geocode address locations that do not already contain
"X" and "Y" coordinates. Any "X" and "Y" coordinate information provided by the Customer is assumed by LN
to be accurate and will not be geocoded by Google Geocoder. Crime dot locations geocoded by Google
Geocoder as displayed in PSDEX are approximate due to automated location methods and address
inconsistencies.
3. DATA DISCLAIMER. LN is not responsible for the loss of any data or the accuracy of the data, or for any
errors or omissions in the LN Services or the use of the LN Services or data therein by any third party, including
the public or any law enforcement or governmental agencies.
4. LINKS TO THIRD PARTY SITES. PSDEX may contain links or produce search results that reference links to
third party websites ("Linked Sites"). LN has no control over these Linked Sites or the content within them.
LN cannot and does not guarantee, represent, or warrant that the content contained in the Linked Sites,
including, without limitation other links, is accurate, legal, and/or inoffensive. LN does not endorse the content
of any Linked Site, nor does it warrant that a Linked Site will not contain computer viruses or other harmful
code. By using PSDEX to search for or link to Linked Sites, Customer agrees and understands that such use
is entirely at its own risk, and that Customer may not make any claim against LN for any damages or losses
whatsoever resulting from such use.
5. OWNERSHIP OF SUBMITTED CONTENT. All information provided by a PSDB( customer is offered and
owned by that customer. Unless otherwise indicated by such customer, all data will be retained by LN and
remain accessible by other PSDEX customers in accordance with the provisions of this Addendum and a de -
identified subset of the data will remain available to the general public through the LexisNexis Community
Crime Map service or its successor database.
AUTHORIZATION AND ACCEPTANCE
I HEREBY CERTIFY that I am authorized to execute this Addendum on behalf of Customer.
Required: Customer ORI number (Originating Agency Identifier): CA0210900
CUSTOMER: City of San Rafael
Signature:
Print: Jim Schutz
Title: City Manager,,, of
San Rafael
Date: v l l V
ADDM AVCC/ACA/CCM (Q3.17.v1) Confidential Page 2 of 2
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CITY OF SAN RAFAEL INSURANCE REQUIREMENTS:
10. INSURANCE.
A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall
maintain, at no expense to CITY, the following insurance policies:
1. A commercial general liability insurance policy in the minimum amount of
one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for
death, bodily injury, personal injury, or property damage.
2. An automobile liability (owned, non -owned, and hired vehicles) insurance
policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence.
3. If any licensed professional performs any of the services required to be
performed under this Agreement, a professional liability insurance policy in the minimum amount
of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to
cover any claims arising out of the CONTRACTOR's perfonnance of services under this
Agreement. Where CONTRACTOR is a professional not required to have a professional license,
CITY reserves the right to require CONTRACTOR to provide professional liability insurance
pursuant to this section.
4. If it employs any person, CONTRACTOR shall maintain worker's
compensation insurance, as required by the State of California, with statutory limits, and
employer's liability insurance with limits of no less than one million dollars ($1,000,000) per
accident for bodily injury or disease. CONTRACTOR's worker's compensation insurance shall
be specifically endorsed to waive any right of subrogation against CITY.
B. Other Insurance Requirements. The insurance coverage required of the
CONTRACTOR in subparagraph A of this section above shall also meet the following
requirements:
1. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers,
agents, employees, and volunteers, as additionally named insureds (for both ongoing and completed
operations) under the policies.
2. The additional insured coverage under CONTRACTOR's insurance
policies shall be primary with respect to any insurance or coverage maintained by CITY and shall
not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and
noncontributory" coverage in CONTRACTOR's policies shall be at least as broad as ISO form
CG20 01 04 13.
3. Except for professional liability insurance or worker's compensation
insurance, the insurance policies shall include, in their text or by endorsement, coverage for
contractual liability and personal injury.
4. Contractor will provide thirty (30) days written notice to the Project
Manager prior to any cancellation, termination, or modification to any policies listed under section
10(A).
5. If the insurance is written on a Claims Made Form, then, following
termination of this Agreement, said insurance coverage shall survive for a period of not less than
five years.
6. The insurance policies shall provide for a retroactive date of placement
coinciding with the effective date of this Agreement.
7. The limits of insurance required in this Agreement may be satisfied by a
combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall
contain or be endorsed to contain a provision that such coverage shall also apply on a primary and
noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement)
before CITY's own insurance or self-insurance shall be called upon to protect it as a named insured.
8. It shall be a requirement under this Agreement that any available insurance
proceeds broader than or in excess of the specified minimum insurance coverage requirements
and/or limits shall be available to CITY or any other additional insured party. Furthermore, the
requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this
Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or
proceeds available to the named insured; whichever is greater.
C. Deductibles and SIR's. Any deductibles or self-insured retentions in
CONTRACTOR's insurance policies must be declared to and approved by the PROJECT
MANAGER and City Attorney, and shall not reduce the limits of liability. Policies containing any
self-insured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be
satisfied by either the named insured or CITY or other additional insured party. At CITY's option,
the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to
CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of losses and
related investigations, claims administration, attorney's fees and defense expenses.
D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT
MANAGER or CITY's City Attorney all of the following: (1) Certificates of Insurance
evidencing the insurance coverage required in this Agreement; (2) a copy of the policy
declaration page and/or endorsement page listing all policy endorsements for the commercial
general liability policy, and (3) excerpts of policy language or specific endorsements
evidencing the other insurance requirements set forth in this Agreement. CITY reserves the
right to obtain a full certified copy of any insurance policy and endorsements from
CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to
exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT
MANAGER and the City Attorney.
CONTRACT ROUTING FORM
INSTRUCTIONS: Use this cover sheet to circulate all contracts for review and approval in the order shown below.
TO BE COMPLETED BY INITIATING DEPARTMENT PROJECT MANAGER:
Contracting Department: Police Department
Project Manager: Capt. Glenn McElderry
Extension: 5301
Contractor Name: LexisNexis
Contractor's Contact: Nicholas Patts
Contact's Email: Nicholas.patts@lexisnexisrisk.com
❑ FPPC: Check if Contractor/Consultant must file Form 700
Step
RESPONSIBLE
DESCRIPTION
COMPLETED
REVIEWER
DEPARTMENT
DATE
Check/Initial
1
Project Manager
a. Email PINS Introductory Notice to Contractor
N/A
b. Email contract (in Word) & attachments to City
6/5/18
Atty c/o Laraine.Gittens@cityofsanrafael.org
7
2
City Attorney
a. Review, revise, and comment on draft agreement
and return to Project Manager
b. Confirm insurance requirements, create Job on
Project Manager
PINS, send PINS insurance notice to contractor
'�g ................
❑
3
Forward three (3) originals of final agreement f
Project Manager
contractor for their signature
When necessary, * contractor -signed agreement
❑ N/A
4
agendized for Council approval
*PSA > $20,000; or Purchase > $35,000; or
Or
Public Works Contract > $125,000
7/2/2018
Date of Council approval
PRINT
CONTINUE ROUTING PROCESS WITH HARD COPY
5
Project Manager
Forward signed original agreements to City
7/17/18
Attorney with printed copy of this routing form
6
City Attorney
Review and approve hard copy of signed
agreement
7 City Attorney Review and approve insurance in PINS, and bonds 71'L3 /19
(for Public Works Contracts)
8 City Manager/ Mayor Agreement executed by Council authorized official
($
9 City Clerk Attest signatures, retains original agreement and
�^ forwards copies to Project Manager y 2l0