HomeMy WebLinkAboutR-2008-006 LeadsOnLine Service Agreement (YPD)A RESOLUTION
RESOLUTION NO. R-2008-06
authorizing and directing the City Manager of the City of Yakima to
execute an Agency Agreement (service agreement) with
LeadsOnLine, Inc. allowing the Yakima Police Department to
utilize that company's on-line computer services for the purpose of
entering stolen and pawned property in the State data base and
for tracking such property in exchange for a fee.
WHEREAS, In order to properly record, investigate and follow-up on property
crimes, it is necessary for the Yakima Police Department to have the ability to enter and
view information regarding stolen and/or pawned property in data system(s) administered
by the State of Washington; and
WHEREAS, current systems require this to be done through a labor intensive and
costly process; and
WHEREAS, LeadsOnLine, Inc. owns and administers an on-line system capable
of providing this ability in a far more efficient manner than was previously possible; and
WHEREAS, as this system is compliant with State standards and is directly
linked to the State database; and
WHEREAS, other law enforcement agencies in this State have utilized the
LeadsOnLine system and have been satisfied with the function of that system; and
WHEREAS, Yakima Police Department detectives have field tested the system
and found it to provide significant advances of the process currently in use; and
WHEREAS, the City Council deems it to be in the best interest of the City to
contract with LeadsOnLine, Inc. to provide the on-line services described, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated Agency Agreement to be in effect from January 15, 2008 through January
14, 2009.
ADOPTED BY THE CITY COUNCIL this 8th ir-] of Janua a00
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AGENCY AGREEMENT
This LeadsOnline, Inc. AGENCY AGREEMENT ("Agreement"), dated, January 15, 2008, is made between
Yakima, WA Police Department ("Principal") and LeadsOnline, LLC. ("Provider").
SCOPE OF AGREEMENT
Provider operates and maintains at its web site a confidential database accessible electronically exclusively by
Law Enforcement Agencies for the sole purpose of identifying merchandise and/or persons suspected in crimes
against property or in crimes against persons in which property is involved.
Principal desires to utilize the electronic database at Provider's web site.
Subject to the terms of this Agreement and in consideration of the mutual covenants stated below, the parties
agree as follows:
DEFINITIONS
1.1 "Authorized Officials" means duly authorized law enforcement personnel of Principal.
1.2 "Data" includes the ticket number, item number, make, model, property description and serial number
of merchandise sold to a Participant or used as loan collateral by a Participant, as well as the name
and address of any customer(s) involved in the aforementioned transactions as required by law in
Participant's jurisdiction..
1.3 "Law Enforcement Agency" means any municipal, county, state or federal government staffed
and operated agency whose primary purpose is criminal investigation and/or law enforcement, as
contemplated by the Gramm -Leach -Bliley Act of 1999 (15 U.S.C. § 6801, et seq., and 15 U.S.C. §
6821, et seq.) (the "GLBA"). "Law Enforcement Agencies" means two or more of such agencies.
1.4 "Participant" means any person or entity that purchases pre -owned personal property and/or uses
personal property as loan collateral and furnishes Data relative thereto to Provider for inclusion at
Provider's web site.
11.
APPOINTMENT
2.1 Subject to the terms of this Agreement, Principal hereby appoints Provider as its agent, as such term is
utilized in the GLBA, for the sole purpose of collecting, maintaining and disseminating Data from
Participants. This agency appointment is effective as of the registration date of Principal's initial user.
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AGREEMENTS AND RESPONSIBILITIES OF PRINCIPAL
3.1 Principal agrees that Principal's use of the Data displayed at Provider's web site will be for the sole
purpose of identifying merchandise and/or persons suspected in crimes against property or in crimes
against persons in which property is involved.
3.2 Principal agrees not to divulge Data or information obtained through Principal's access to Provider's
web site to anyone other than Authorized Officials and persons with Principal's agency entitled to
receive the Data or information pursuant to statute, rule or regulation, including specifically the GLBA.
Principal agrees not to access information from outside of Principal's jurisdiction from Provider's web
site for purposes of gathering information for any third party, including private parties and other law
enforcement agencies.
3.3 Principal agrees that passwords provided by Provider to Principal enabling Principal to utilize
Provider's web site will be made known only to Authorized Officials of Principal and that only those
Authorized Officials will be permitted to use the passwords or otherwise access the electronic
database at Provider's web site. Principal's failure to strictly adhere to the terms of this Paragraph will
result in the immediate termination of Principal's access to Provider's website.
3.4 Principal agrees not to use the Data or information displayed at Provider's web site for any unlawful
purpose, or in any manner, which may create liability for Provider or Participants. Principal agrees its
use of the Data or information contained at Provider's web site will not be other than as permitted by
law or the rights duly granted to Principal in carrying out Principal's official duties.
3.5 Principal agrees to act in accordance with laws and procedures within Participant's jurisdiction, and
agrees to notify the designated Law Enforcement Agency for Participant's jurisdiction prior to
requesting additional information about Data, to place an item on hold status, or to confiscate an item
found in a Participant's business that is located outside of Principal's jurisdiction.
3.6 Principal agrees to submit accurate information, including but not limited to valid Principal case
numbers for specific items and/or suspects as well as the identity of the Authorized Official, in
conducting any search or use of Provider's web site.
3.7 Principal agrees it has no ownership rights to any password or user name that may be utilized by
Principal pursuant to this Agreement. For security purposes, Principal agrees to change its password(s)
every 90 days.
3.8 Principal is responsible for insuring that Principal's hardware can connect to Provider's website via the
Internet.
3.9 Principal is responsible for insuring compliance among businesses in Principal's jurisdiction. Principal
agrees to not discourage entities that purchase pre -owned personal property and/or use personal
property as loan collateral from becoming Participants, and to not discourage Participants from
furnishing Data to Provider.
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IV.
AGREEMENTS AND RESPONSIBILITIES OF PROVIDER
4.1 Provider agrees to operate and maintain an electronic database at its web site for the purpose of
receiving and.disseminating Data from Participants for the sole use of Law Enforcement Agencies.
4.2 Provider agrees to provide database Features in accordance with Attachment "A" attached to this
Ag reement.
4.3 Provider agrees to diligently implement all commercially reasonable efforts to maintain Principal's
access to Provider's web site through Provider's server. However, from time to time, maintenance will
be required to be performed, as well as developments and modifications to Provider's web site and on
Provider's server. Provider agrees to make every reasonable effort to minimize any interruption of
service that may result from necessary maintenance and/or modification to Provider's web site.
Principal acknowledges that Provider has no responsibility for the service or operation of the Internet,
and that Provider makes no representations in this regard. Internet service is subject to limitations
caused by local landlines, atmospheric or technical conditions and may be temporarily unavailable,
limited, interrupted or curtailed.
4.4 Provider agrees to facilitate Principal's access to the Data by passwords and user names selected by
Principal (within reasonable parameters established by Provider), allowing Principal to search and
retrieve Data for the sole purpose of identifying stolen merchandise and persons suspected of crimes
involving property.
4.5 Provider agrees to provide Principal's designated Department Head with a monthly report detailing the
usage of Provider's web site by Principal's Authorized Officials, which includes the number of searches
by each Authorized Official, property searched, names of suspects searched, along with Principal's
case numbers associated with those searches.
V.
CONDITIONS FOR PRINCIPAL'S ACCESS AND USE OF PROVIDER'S WEB SITE
5.1 By entering into this Agreement, Principal represents it is a Law Enforcement Agency as that term is
defined in Section I. Principal's appointment of Provider as agent is made solely in order to obtain
information of a financial institution in connection with the performance of the official duties of
Principal, as is contemplated by the GLBA.
5.2 Provider may modify or upgrade any aspect(s) of Provider's web site at any time without notice to
Principal, and shall fully advise Principal of all information necessary to fully utilize Provider's site as
modified and/or upgraded.
5.3 All Data is provided solely by Participants using Participant's proprietary operational software.
Therefore, Provider cannot and does not represent or endorse the accuracy or reliability of the Data
displayed through Provider's web site, nor the functionality of Participant's operational software.
Principal acknowledges that any reliance by Principal or any Law Enforcement Agency upon any Data
or other information displayed or distributed through Provider's web site shall be at Principal's sole
risk.
5.4 Provider reserves the right at all times to disclose any information as necessary to satisfy any law,
regulation, or legally sufficient government request, or to edit, refuse to post or to remove any Data or
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information, in whole or in part, that in Provider's sole discretion is deemed to be in violation of local,
state and/or federal law.
VI.
TERM AND CONSIDERATION
6.1 The initial term of the contract shall be twelve (12) months. Principal agrees to pay Provider for annual
subscription services rendered hereunder per the agreements set forth in this Agreement. Unless this
Agreement is otherwise modified by the parties, the total annual compensation paid to Provider for all
services provided under this Agreement shall not exceed the amount presented in Attachment B.
Principal shall make payment to the Provider within thirty (30) calendar days of receipt of invoice;
provided, however, that all subscription payments are expressly conditioned upon Provider providing
services that are satisfactory to Principal.
6.2 This Agreement will become effective as of the date first set forth above and remain in effect for one
year or until cancellation or termination by Provider or Principal as described below.
6.3 This Agreement will be automatically renewed for successive additional one-year terms unless Principal
provides Provider written notice of cancellation at least thirty (30) days prior to the expiration of the
initial term or any renewal term thereafter. In the event of renewal, Principal agrees to pay Provider an
annual subscription fee for the renewal period within thirty (30) days of invoice. Provider agrees that
it shall advise Principal of any increase in the Agreement renewal compensation at least forty five (45)
days prior to the expiration of the initial term or any renewal term thereafter. If Provider fails to notify
Principal of any increase in cost as provided herein, this Agreement shall automatically renew at the
same compensation as was agreed upon for the prior year's term.
6.4 Provider may immediately and without notice, terminate this Agreement for cause, at Provider's sole
option, if Principal: (a) fails to pay any annual subscription fee owed to Provider under this Agreement;
(b) fails to perform in accordance with its responsibilities contained in Section III of this Agreement; (c)
fails to perform any other obligation required of Principal under this Agreement; or (d) violates any
laws, rules or regulations.
6.5 Provider's client support and training is available to Principal throughout the term of this Agreement
and any renewal thereof, at no additional cost when performed by telephone or email. Principal may
request Provider to travel to Principal's location for specialized training and support. These special
services will be provided at agreed upon rates for time, materials, travel, lodging, and reasonable
miscellaneous expenses.
6.6 Principal may immediately and without notice, terminate this Agreement, at Principal's sole option, if
Provider: (a) fails to perform in accordance with its responsibilities to Principal contained in Section IV
of this Agreement; (b) fails to perform any other obligation required of Provider under this Agreement;
or (d) violates any laws, rules or regulations applicable to the provision of services set forth herein.
If termination occurs under the conditions of this paragraph, Provider shall remit to Principal, on a pro-
rated basis, that portion of the annual subscription fee paid by Principal from the date of said
termination through the end of the then -effective subscription year.
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VII.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
7.1 PROVIDERS SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, CONDITIONS, AND
WARRANTIES, WHETHER EXPRESS OR IMPLIED, ARISING BY STATUTE, OPERATION OF
LAW, USAGE OF TRADE, COURSE OF DEALING, OR OTHERWISE, INCLUDING BUT NOT
LIMITED TO, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE
QUALITY, SAT1SFACTORY•QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE WITH
RESPECT TO PROVIDER'S WEB SITE AND PROVIDER'S SERVICES TO BE ACCESSED, USED
OR DELIVERED PURSUANT TO THIS AGREEMENT. PROVIDER'S WEB SITE, INCLUDING
ALL DATA, CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE
AVAILABLE ON OR ACCESSED THROUGH PROVIDER'S WEB SITE 1S PROVIDED "AS I5"
WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PROVIDER DOES NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN PROVIDER'S WEB SITE OR ANY
DATA, MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR
ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE PROVIDER'S WEB SITE
OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. PROVIDER SHALL NOT BE LIABLE IN ANY MANNER OR IN ANY
RESPECT FOR THE USE OF PROVIDER'S WEB SITE BY PRINCIPAL, INCLUDING, WITHOUT
LIPAITATIOI1, FOR THE ABSENCE OR PRESENCE OF DATA OR CONTENT OR ANY
ERRORS CONTAINED THEREIN.
VIII.
INDEMNIFICATION
8.1 Provider shall not be liable for any claims, damages and attorney fees arising from the negligent or
illegal acts of Principal's employees arising out of or related to Principal's use of Provider's web site.
Principal shall not be liable for any claims, damages and attorney fees arising from the negligent or
illegal acts of Provider's employees arising out of or related to operation or use of Provider's website.
If both Provider and Principal are liable for any claims, damages or attorney fees arising from the
negligent or illegal acts of the employees of Provider and Principal under this Agreement, Provider and
Principal shall be liable for the portion of the claims, damages and attorney fees that arise from the
negligent or illegal acts of that party as determined by the court adjudicating the matter or as agreed
in any settlement. Nothing in this Agreement, express or implied, is intended to confer upon any
person, other than the parties hereto, any benefits, rights, or remedies under or by reason of this
Ag reement.
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IX.
COPYRIGHT
9.1 Provider's web site is protected by copyright as a collective work and/or compilation, pursuant to U.S.
copyright laws. The contents of Provider's web site are only for the purpose described herein. All
materials contained on Provider's web site are protected by copyright, and are owned or controlled by
Provider or the party credited as the provider of the content. Principal will abide by any additional
copyright notices, information, or restrictions contained in any content on Provider's web site.
X.
MISCELLANEOUS
10.1 Provider may not assign, transfer or delegate all or any part of Provider's rights or duties under this
Agreement without the prior written consent of Principal. Principal may not make any assignment of
this Agreement without Provider's prior written consent, which will not be unreasonably withheld.
10.2 If any provision of this Agreement is held to be unenforceable, in whole or in part, such holding will
not affect the validity of the other provisions of this Agreement, unless Principal or Provider deems the
unenforceable provision to be essential to this Agreement, in which case Provider or Principal may
terminate this Agreement, effective immediately. If termination occurs, Provider shall remit to Principal
on a pro -rated basis that portion of the annual subscription .fee paid by Principal from the date of
termination through the end of the then -effective subscription year.
10.3 Neither party will be liable for any failure or delay in performing an obligation under this Agreement
that is due to causes beyond its reasonable control, such as natural catastrophes, governmental acts or
omissions, laws or regulations, labor strikes or difficulties, transportation stoppages or slow -downs.
10.4 This Agreement shall be governed by and construed in accordance with the laws of the State of
Washington, without regard to conflicts of laws provisions. Sole and exclusive jurisdiction for any
action or proceeding arising out of or related to this Agreement shall be in an appropriate state or
federal court located in the County of Yakima, Washington.
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10.5 This Agreement constitutes the entire agreement between the parties, and shall supersede all prior
agreements and understandings, if any, between the parties respecting the subject matter hereof. No
additions, revisions or amendments to this agreement shall be effective without the prior written
consent of the parties hereto.
PROVIDER
LeadsOnline, LLC. -
By:
Print Name: David K. Finley
1.
Title: President & CEO
Date:
fi
PRINCIPAL
City of Yakima, Washington
By:
Print Name: R.A. Zais, Jr.
Title: City Manager
Date: Vicy c3 F
SEAL
Address: 15660 N. Dallas Pkwy., Suite 800 Address: 200 S. 3rd St.
Dallas, Texas 75248 Yakima, WA 98901
Federal Tax I.D. # 42-1720332 Federal Tax I.D. # c7 / — D O / C3
CITY CONTRAC f NO
RESOLUTION NO:
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AGENCY AGREEMENT - Attachment 'A'
TOTALTRACK SERVICE PACKAGE INCLUDES:
($7,548/YEAR)
➢ National Search Capability
Transaction records from all Participants located in the Continental United States are
available for investigative search.
➢ 3 Years of Searchable Data
36 months of transaction records are available for investigative search.
➢ NCIC Extract
NCIC Extract feature produces an electronic report of merchandise from transactions by
Participants within Principal's jurisdiction to be sent via Principal's internal processes to the
National Crime Information Center (NCIC) for comparison to its database.
WACIC Interface feature produces an electronic report of merchandise from transactions
by Participants within Principal's jurisdiction to be sent via Principal's internal processes to the
Washington Crime Information Center (WACIC) for comparison to its database. Submission
of files to WACIC is conducted via WACIC's web interface, WEBMSS.
➢ 120 Saved Searches
Saved Searches feature automatically runs searches continuously at the discretion of
Authorized Officials.
➢ Up to 10 ID's for Authorized Officials
Maximum number of Authorized Officers for whom individual accounts are established and
access is granted upon registration by Authorized Officials and verification by Provider.
➢ eBay First Responder System — 240 Search Units ealik
eBay First Responder System provides investigative search access to more than 500 million
eBay listings, including seller and buyer contact information and history.
➢ Hit Alerts to Email/Cell
Hit Alerts provide notification to Authorized Officials via email and/or via an email -enabled
cell phone when a new match ('hit') for a saved search is detected in the system.
➢ Ticket Assistant
Ticket Assistant provides for entry of Data from non -computerized pawn and secondhand
stores into the LeadsOnline database.
➢ DCS — Deconfliction Communication System
DCS facilitates inter -agency communication, enabling Authorized Officials to notify other
agencies of suspect activity for sake of collaboration and avoidance of duplication of effort.
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AGENCY AGREEMENT - Attachment 'A'
SELECTSEARCH SERVICE PACKAGE INCLUDES:
($6,708/year)
➢ Regional Search Capability
Transaction records from all Participants throughout Principal's home state and all adjoining
states are available for search.
➢ 2 Years of Searchable Data
24 months of transaction records are available for investigative search.
➢ NCIC Extract
NCIC Extract feature produces an electronic report of merchandise from transactions by
Participants within Principal's jurisdiction to be sent at via Principal's internal processes to the
National Crime Information Center (NCIC) for comparison to its database.
➢ 60 Saved Searches
Saved Searches feature automatically runs searches continuously at the discretion of
Authorized Officials.
➢ Up to 10 ID's for Authorized Officials
Maximum number of Authorized Officers for whom individual accounts are established and
access is granted upon registration by Authorized Officials and verification by Provider.
➢ DCS — Deconfliction Communication System
DCS facilitates inter -agency communication, enabling Authorized Officials to notify other
agencies of suspect activity for sake of collaboration and avoidance of duplication of effort.
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AGENCY AGREEMENT - Attachment 'A'
FASTFIND SERVICE PACKAGE INCLUDES:
($5,268/year)
Statewide Search Capability
Transaction records from all Participants throughout Principal's home state are available for
search.
➢ 1 Year of Searchable Data
12 months of transaction records are available for investigative search.
Up to 10 ID's for Authorized Officials
Maximum number of Authorized Officers for whom individual accounts are established and
access is granted upon registration by Authorized Officials and verification by Provider.
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AGENCY AGREENiENT - Attachment '
Pricing for the first twelve (12) month Term
Service Package: $
Pricing for renewal Term(s)
Pricing will remain fixed at the above amount for the first renewal term. Provider agrees that it shall advise
Principal of any increase in the Agreement renewal compensation at least forty five (45) days prior to the
expiration of the initial term or any renewal term thereafter.
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No 4c 1(41
For Meeting of January 8, 2008
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to enter into a service
agreement with LeadsOnLine, Inc. to allow the Yakima police Department to utilize that
company's computer services for the purpose of tracking pawnedand stolen property in exchange
fora fee
SUBMITTED BY: Chief Samuel Granato, Yakima Police Department
CONTACT PERSON/TELEPHONE: Chief Samuel Granato - 575-6211
Lt. Gary Belles - 576-6547
Jeff Cutter - 575-6030
SUMMARY EXPLANATION: In order to properly record, .investigate and follow-up on property
crimes, it is necessary for the Yakima Police Department to have the ability to enter and to view
information regarding stolen and/or pawned property in data system(s) administered by the State
of Washington In the past, this was only possible through a costly, labor intensive process of
data entry LeadsOnLine, Inc owns and administers an online system capable of providing this
ability in a far more efficient manner than was previously possible Law enforcement agencies in
the State of Washington have used this system and found it to be a significant improvement over
other alternatives Field testing conducted by Yakima Police Detectives came to the same
conclusion The systern is compliant with State standards and is directly linked to the State
database
City Council authorization for the City Manager to enter into this service agreement will provide
the Yakima Police Department with a more efficient and cost effective manner with which to
investigate property crime
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address)
Phone
Funding Source
APPROVED FOR SUBMITTAL.
STAFF RECOMMENDATION: Staff recommends the Council adopt the attached resolution
authorizing the City Manager to enter into the proposed service agreement with LeadOnLine, Inc.
BOARD/COMMISSION RECOMMENDATION.
COUNCIL ACTION: