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CM-08-07-194DATE: July 18, 2008 SUBJECT: City Manager Approval ITEM: Consider executing "User Application" with DCS Information Systems, along with two "GLB Supplements" (for records and document search/retrieval) Department: Police Department Staff Person: Brenda Craytor Justification: Consider entering into a contract with DCS Information Systems for access to additional investigative resource databases. Funding: Cost: Varies according to type and number of searches completed. Price Sheet attached Source of funds: Account 5229-100-21006 Background Information: Staff recommends the signing of this contract. Access to this system will assist with the identification, location and apprehension of criminal suspects, vehicles, witnesses and victims. Updated 3-10-05 DCS INFORMATION SYSTEMS 500 N. Central Exp; Suite 280 • Plano, TX 75074 (972) 422-3600 or (800) 299-3647 • Fax: (972) 422-3621 User Application Company Name: _City of Round Rock Texas - Police Department Billing Address: 2701 N. Mays City: Round Rock State: TX_ Zip: 78665_ Physical Address: 2701 N. Mays City: Round Rock State: TX_ Zip: 78665_ Billing Contact: Brenda Craytor Management Contact: Rick White Phone No: 512-218-6677 Fax No: 512-218-3267 E-mail: bcraytor@round-rock.tx.us *Business Use(s) of Data*(Be specific) Identification, location & apprehension of criminal suspects & vehicles related to criminal inv. Along with this form please include a purchase order for payment if your agency pays invoices by PO's. (Monthly Invoice — NET 30) The PO should reference the following: Access to on-line services rendered by DCS Information Systems Catalog Information Systems Vendor (CISV) Program Number 1751247529800 User Name (F & L) User ID 8 -character max Department (optional for billing) Phone Number BrCr est'- ergAi 61,..e,k 3 1 Poi; �-be.p4. Gia./a1 F -t06, 7�' 3-e,nn` Tt,rPe, nn;i�e, vrn3io `7 Poi. c��e(��i g0(,, ala/ k ick toh;-Ee✓ r,w l 'I `� P 1► o c,_ ep4' 5la/al P-55ay Sherr,`(( Vol..! Se, Vag3 a Paltc.-e_.. -Doi- 5sa%47,-a7a� DO NOT WRITE BELOW THIS LINE Approved By: Date: Acct#: Purchase Order Number: Account Manager: G►� Amer• i Fincf Fast & Reliable Intelligence For Business CITY OF ROUND ROCK, TEXAS By: Printed N Title: Date: Sara L. White, City Secretary • ; ITY,APPOVED AS TO FORM: p ran L. Sheets, City Attorney 00141302/jkg 1 GLB SUPPLEMENT TO DCS SUBSCRIBER AGREEMENT Access to Experian Credit Headers July 1, 2004 This Supplemental Subscriber Agreement is entered into by and between DALLAS COMPUTER SERVICES, INC., a Texas corporation, d/b/a DCS INFORMATION SYSTEMS (refereed to as DCS), and C; 4-y Of /o.tnca(T2ocJ<, T - Po 1;ce..7t_parler+eft 4' (referred to as Subscriber). (Name of Subscriber) A. State and federal laws have been enacted which govern the release and use of non-public personal financial information contained in Consumer Reporting Agency individual record databases (Credit Header Information) maintained by a Consumer Reporting Agency and provided to customers by DCS. B. DCS requires all current Subscribers who utilize such Credit Header Information databases to enter into a written agreement that satisfies the state and federal laws governing the use of such Credit Header Information databases prior to release of the requested information. Now therefore in consideration of the mutual covenants and agreements herein contained and as a condition precedent to Subscriber obtaining information from DCS databases and continued access to service under the Subscriber Agreement, the parties do hereby agree as follows: 1.1 Limitation of Use. Pursuant to the federal Gramm -Leach -Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), (the "Act"), Subscriber hereby agrees not to utilize any information provided hereunder for any purpose, which would violate the privacy obligation policy and any other terms and provisions of the Act, or any similar state or local statute, rule and regulations. Subscriber agrees that should they take adverse action as a result of the Credit Header provided by DCS, Subscriber will verify the information from the Credit Header with another source. Subscriber agrees to use Credit Header information as lead information only. Subscriber agrees to order and use Credit Header information only in connection with the following needs involving the subject: r(' 1.1.1 State the nature of Subscriber's business Lau) e.n-4-orcinn e_ir 1 1.1.2 Please check the purpose that applies to Subscriber's use. Industry Uses for which Subscriber will use Credit Header Information Applicable GLB Exception Finance and Collections Verifying identity to guard against fraudulent loan applications, Skip tracing for locating individuals who defaulted on loans, Insurance To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. To investigate, identify and prevent fraudulent insurance claims and the costs associated with such fraud, Insurance claim processing Locating individuals who are the subject of a properly authorized investigation for the purposes of identifying, investigating, or preventing fraud To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. 0 Locating beneficiaries of insurance policies so benefits can be paid, To comply with Federal, state, or local laws, rules and other applicable legal requirements. Government 0 Verifying identity for government benefits such as food stamps to identify fraudulent applications, To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. • Locating non-custodial parents and assets for child support enforcement, To comply with Federal, state, or local laws, rules and other applicable legal requirements. II Locating individuals who are the subject of a properly authorized investigation for the purposes of identifying, investigating, or preventing fraud To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. • Locate witnesses in relation to a documented criminal or civil action to protect against fraudulent or unlawful activities, To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. • Locate victims of crime in relation to a documented criminal or civil action to protect against fraudulent or unlawful activities, and To protect against or prevent actual or potential fraud, unauthorized transactions, claims or other liability. Investigative research For an investigation on a matter related to public safety Retail ❑ Verifying identity to guard against fraudulent loan applications, claims To protect against or prevent actual or potential fraud, unauthorized transactions, or other liability. 0 Skip tracing for locating individuals who defaulted on loans, potential claims To protect against or prevent actual or fraud, unauthorized transactions, or other liability. 2 Subscriber agrees not to use Credit Header information for any other purpose. Subscriber understands and agrees that use of Credit Header Information for any other purpose may constitute a violation of Gramm - Leach -Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.). 2.1 Resale. Subscriber agrees that the Subscriber is the end user of consumer information obtained via this Agreement, and that the information shall not be resold. 3.1 Access Security Requirements. We must work together to protect the privacy of consumers. The following measures are designed to reduce unauthorized access of consumer information. In accessing consumer information, you agree to follow these measures. -1-a) You must protect your account number and password so that only key personnel employed by your company know this sensitive information. Unauthorized persons should never have knowledge of your password. Do not post this information in any manner within your facility. If a person who knows the password leaves your company or no longer needs to have it due to a change in duties, the password should be changed immediately. 2b) System access software, whether developed by your company or purchased from a third party vendor, must have your account number and password "hidden" or embedded and be known only by supervisory personnel. Assign each user of your system access software a unique logon password. If such system access software is replaced by different access software and therefore no longer in use or, alternatively, the hardware upon which such system access software resides is no Ionger being used or is being disposed of, your password should be changed immediately. mac) Do not discuss your account number and password by telephone with any unknown caller, even if the caller claims to be an employee of your data provider. 4.d) Restrict the ability to obtain consumer information to a few key personnel. 5,e) Place all terminal devices used to obtain consumer information in a secure location within your facility. You should secure these devices so that unauthorized persons cannot easily access them. 6:f)After normal business hours, be sure to turn off and lock all devices or systems used to obtain consumer information. ?:g) Secure hard copies and electronic files of consumer information within your facility so that unauthorized persons cannot easily access them. &h) Shred or destroy all hard copy consumer information reports when no longer needed. 97i) Erase and overwrite or scramble electronicfiles containing consumer information when no longer needed and when applicable regulation(s) permit destruction. 4&j) Make all employees aware that your company can access consumer information only for the 3 appropriate use listed in our application. You or your employees may not access their own information. Nor should you or your employee's access the information of a family member or friend unless it is in connection with a purpose listed in your application. 4.1 Termination of Contract. DCS shall immediately terminate this contract and Subscriber's access to the data in DCS files if Subscriber fails to comply with the provisions of this Agreement, or if DCS becomes aware of any violation by Subscriber of the foregoing restrictions. 5.1 Compliance with Laws. The Subscriber and Subscriber's employees, agents and contractors shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance of this Agreement. By signing this Agreement, the Subscriber certifies that it will comply with the provisions of the Gramm -Leach -Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), including, but not limited to, limiting usage to the permitted uses under that Act. 6.1 Limitation of Liability. The Subscriber shall save harmless DCS from any liability which may arise from the Subscriber's use of the Credit Header and Subscriber's failure to comply with the restrictions contained in this Agreement or imposed by the state, and DCS makes no representation or warranty to the use, result, or accuracy of data obtained from the Credit Header database. 7.1 Reservation of Right to Amend. DCS reserves the right to amend this Agreement at any time in order to insure compliance with all applicable federal and state laws, codes, ordinances, rules and regulations, and Subscriber agrees to comply with such amendments I This Agreement is dated and executed on ' 1,‘6 '05 SUBSCRIBER By Print e 51 r,.,1•1. u.s e Title ►. , y Y11c�na � �' Enter Subscriber's Account Number with DCS Date Enter Subscriber's Business Telephone Number S Ic)/c !ll-sso 0 (Fax this completed form to DCS at 972-422-3621) 4 GLB SUPPLEMENT TO DCS SUBSCRIBER AGREEMENT July 1, 2001 This Supplemental Subscriber Agreement is entered into by and between DALLAS COMPUTER SERVICES, INC.,a Texas corporation, d/b/a DCS INFORMATION SYSTEMS (referred to as DCS), and o eQwnr� Rock -. �o . ;cx e p ar- m exv 4 . (referredto. as Subscriber). (Name of Subscriber) A. State and federal laws have been recently enacted which govern the release and use of non-public personalfinancial information contained in Consumer Reporting Agency individual record databases (Credit Header Information or Consumer Report) maintained" by a Consumer Reporting Agency and provided to customers by DCS. B. DCS requires all current Subscribers who utilize such Credit Header Information databases to enter into a Written agreement that satisfies the state and federal laws governing the use of such Credit Header Inforination databases prior to release of the requested information. Now therefore in consideration of the mutual covenants and agreements herein contained and as a condition precedent to Subscriber obtaining information from DCS databases and continued access to service under the Subscriber Agreement, the parties do hereby agree as follows: 1.1 Limitation of Use. Pursuant to the federal Gramm -Leach -Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.), (the "Act"), Subscriber hereby agrees not to utilize any information provided hereunder for any purpose, which would violate the privacy obligation policy and any other terms and provisions of the Act, or any similar state or Local statute, rule and regulations. Subscriber agrees that should they take adverse action as a result of the Credit Header provided by DCS; Subscriber will verify the information from the Credit Header with another source. Subscriber agrees to use Credit Header information as Iead information only. Subscriber agrees to order and use Credit Header information only in connection with the following needs involving the subject: Please check the purpose that most applies to Subscriber's use. (Check one use only) ❑ a) to protect against or prevent actual or potential fraud, unauthorized transactions, claims, or other liability; or ❑ b) for required institutional risk control or for resolving consumer disputes or inquiries; or ❑ c) due to holding a legal or beneficial interest relating to the subject; or d) for the following purpose related to the customer's nisurance: account administration, reporting, investigating, fraud prevention, premium payment processing, claim processing, benefit administration or research projects. 1 Subscriber agrees not to use Credit Header information for any other purpose. Any Subscriber that qualifies as a law enforcement agency agrees to order and use Credit Header information only in connection with an investigation involving the subject on a matter related to public safety and for no other purpose. Subscriber understands and agrees that use of Credit Header Information for any other purpose may constitutea violation of Gramm -Leach -Bliley Financial Modernization Act of 1999 (15 U.S.C. Section 6801 et seq.). 2.1 Termination of Contract. DCS shall immediatelyterminatethis contract and Subscriber's access to the data in DCS files if Subscriber fails to comply with the provisions ofthis Agreement, or if DCS becomes aware of any violation by Subscriber of the foregoing restrictions. 3.1 Compliance with Laws. The Subscriber and Subscriber's employees, agents and contractors shall comply with all applicable federal, state and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any court or administrative bodies or tribunals in any matter affecting the performance ofthis Agreement. By signing this Agreement, the Subscriber certifies that it will comply with the provisions of the Gramm -Leach -Bliley Financial Modernization Actof 1999 (15 U.S.C. Section 6801 et seq.), including, but not limited to, limiting usage to the permitted uses under that Act. 4.1 Limitation of Liability. The Subscriber shall save harmless DCS from any liability which may arise from the Subscriber's use of the Credit Header and Subscriber's failure to comply with the restrictions contained in this Agreement or imposed by the state, and DCS makes no representation or warranty to the use, result, or accuracy of data obtained from the Credit Header database. 5.1 Reservation of Right to Amend. DCS reserves the right to amend this Agreement at any time in order to insure compliance with all applicable federal and state laws, codes, ordinances, rules and regulations, and Subscriber agrees to comply with such amendments. �, This Agreement is dated and executed "} tb' 0 (V (Date). 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