LEXISNEXIS COPLOGIC SOLUTIONS INC. (3)

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N-2022-131-02 Coplogic"Solutions Order No. 2 r 2 Z�ZZ eCommerce Services DATE: MAY This Order No. 2 ("Order') is entered into this 7th day of April 2022 ("Order Effective Date') between City of Santa Ana ("Agency") and LexisNexis Coplogic Solutions Inc., on behalf of itself and its Affiliates ("Provider") and subject to the terms n and conditions of the Law Enforcement Agreement effective April 7, 2022 ("Agreement") between the Parties. 0'. PJovi% Wro.Y� (PeJ,w)CQa/A)--& 1. 0 LexisNexis• i,4 u,IANCE NOT REQUIRED WORK MAY PROCEED CLERK OF COUNCIL TERMS AND CONDITIONS. All of the terms and conditions contained in the Agreement shall remain in full force and effect and shall apply to the extent applicable to this Order except as expressly modified herein. To the extent that the terms and conditions of this Order are in conflict with the terms and conditions of the Agreement, or any other incorporated item, this Order shall control. Capitalized terms used herein but not defined shall have the same meaning as set forth in the Agreement. 2. DESCRIPTION OF SERVICES. Provider, as part of its business, has developed web based portal(s) to distribute Reports to Authorized Requestors and other authorized entities online. In exchange for the Services provided to Agency, Agency agrees that Provider shall have the sole and exclusive right to sell the Agency's crash reports online and to distribute data extracted from the Reports via Providers eCommerce portal(s), LexisNexis® BuyCrash', or its successor(s). Agency retains the rights to fulfill requests for Reports made pursuant to state freedom of information laws. 3. SCOPE OF SERVICES. Provider agrees to provide the following Services to Agency subject to the provisions of this Order. Except as provided in Section 2.2 of the Agreement, any change to the Services as set forth in this Order that occur after the Order Effective Date must be made by amendment to this Order, signed by both Parties. Provider will provide the following Services subject to Agency's technology capabilities, processes, and work -flow functionality: 3.1 Access to an online agency administration portal to view Reports, generate analytics, and obtain information related to Agency's Reports. 3.2 Establish a communication protocol to electronically or manually transfer Reports in a timely mannerfrom Agency to Provider. 3.3 Provide Report distribution services as set forth in Section 5 of the Agreement. 3.4 Pursuant to Section 2.1 of the Agreement, Agency agrees that it shall not use the Services for marketing or commercial solicitation purposes. 3.5 Subject to Section 5.1 of the Agreement, Agency agrees to allow access to Agency's Reports by Participating Agencies and, in return, shall receive access to Participating Agencies' Reports. Agency agrees that it shall use Participating Agency Reports strictly for investigative and/or law enforcement purposes only. 3.6 As provided by Section 7.1 of the Agreement, Agency acknowledges that certain Services provided under this Order may include the provision of certain personal information data obtained from the state Department of Motor Vehicles ("DMV Data") and that such DMV Data may be governed by the Federal Driver's Privacy Protection Act, (18 U.S.C. § 2721 et seq.) and related state laws (collectively, the "DPPA"), and that Agency is required to comply with the DPPA, as applicable. Agency certifies it has a permissible use under the DPPA to use and/or obtain such information and Agency further certifies it will use such information obtained from Services only for the permissible purpose selected below or for the purpose indicated by Agency electronically while using the Services, which purpose will apply to searches performed during such electronic session. Please check one below (required): 1. No permissible use. X 2. Use by a government agency, but only in carrying out its functions. 3.7 Other Services: Desk Operating Reporting System (DORS) Confidential— eCommerce Order_haw02112022 Page I of I ADS