Hermosa Beach PD (CA) — AVCC Agreement Package with Executed XML Addendum and City Attorney Legal Review (Jan 2019)
Agencies: Hermosa Beach Police Department, Hawthorne Police Department
Consortium: South Bay Police Consortium
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About this document
Complete five-document package for Hermosa Beach PD's entry into the LexisNexis Accurint Virtual Crime Center, obtained through a Hawthorne CPRA. Contains the executed AVCC XML Addendum (ORI CA0019290, signed by City Manager Suja Lowenthal on January 3, 2019) establishing Confirmed Contributor status, plus something no other agency file in this database contains: a substantive written legal review performed before signing.
Contents: (1) HBPD memo of 12/27/2018 from Lt. Landon Phillips to City Manager Suja Lowenthal recommending the purchase, noting AVCC replaced Command Central Analytics and cost $10,800 plus a 15% administrative fee to Hawthorne PD, $12,420 total. (2) Information report by Attorney Jane Abzug of the City Attorney's office describing the product, the data categories, the license terms, the Community Crime Map, and a separate Crossroads/LexisNexis e-commerce proposal on which she framed an explicit policy choice for the council. (3) LexisNexis Risk Solutions Government Application & Agreement, signed. (4) Non-FCRA Permissible Use Certification, signed, certifying access to full SSNs and driver's license numbers for HBPD detectives, analysts, investigators and command staff. (5) The AVCC XML Addendum itself, the standard variant carrying the Section I.2 contribution obligation and Section II.1 irrevocable worldwide license.
The package also documents the regional architecture: HBPD's records live in a Mark 43 system hosted on Hawthorne PD's server, and HBPD joined Hawthorne's master LexisNexis agreement rather than contracting directly.
Key language
AVCC XML Addendum, Sec I.2: "In exchange for good and valuable consideration, including access to PSDEX, Customer hereby agrees to contribute CAD data (relating to calls for service), RMS data (relating to Customer narratives and notes), and Offender data (relating to sex offenders and prolific offenders) that may be used for analysis, investigations and reporting (the 'Customer Data Contribution')." AVCC XML Addendum, Sec II.1: "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 the Customer Data Contributions (1) to PSDEX customers; and (2) a de-identified subset (as described in Section 3.d above) to third-parties." AVCC XML Addendum, Sec I.3.c: "LN agrees that it will only share Customer Data Contribution with law enforcement agencies with ORI identification numbers." AVCC XML Addendum, Sec II.5: "Unless otherwise indicated by such customer, all data will be retained by LN and remain accessible by the general public and/or other PSDEX customers in accordance with the provisions of this Addendum." City Attorney information report, on the license: HBPD "will be granting to Lexis Nexis an irrevocable, nonexclusive license to use, adapt, compile, aggregate, create derivative works, transfer, transmit, publish and distribute to other qualifying customers the data for the Accurint services." City Attorney information report, on the data: "The data that is the subject of the contract is CAD data (calls for service), RMS data (notes and narratives contained in incident reports), and Offender data (relates to sex crime offenders and prolific offenders)." City Attorney information report, on the update mechanism: "If the HBPD changes anything in its system it will automatically update in the Lexis Nexis system."