HomeMy WebLinkAboutCAG2023-285 - Original - National Insurance Crime Bureau (NICB) - MOU: Access to ISO ClaimSearch to Fight Insurance Related Crime & Fraud - 04/26/2023 FOR CITY OF KENT OFFICIAL USE ONLY
Sup/Mgr:
Agreement Routing Form Dir Asst:
• For Approvals,Signatures and Records Management Dir/Dep:
KE N T This form combines&replaces the Request for Mayor's Signature and Contract Cover (Optional)
WASHINGTON Sheet forms.
Originator: Department:
Jalene King Police
Date Sent: Date Required:
> 04/27/2023
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CL Authorized to Sign: Date of Council Approval:
C W]Director or Designee
Budget Account Number: G rant?F—]YesF—]No
Budget?:Yes:No Type: N/A
Vendor Name: Category:
NICB - National Insurance Crime Bureau Contract
Vendor Number: Sub-Category:
= Original
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Project Name: MOU to fight insurance related crime and fraud
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ProjectDetails:Access to ISO ClaimSearch
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E Agreement Amount: Basis for Selection of Contractor: Direct Negotiation
47 `Memo to Mayor must be attached
3- Start Date: 4/26/23 Termination Date: 30 day notice
Q Local Business?F--]YesF--]No* If meets req uiremen ts per KCC 3.70.100,please complete"Vendor Purchase-Local Exceptions'form on Cityspace.
Business License Verification:Yes:ln-Process:Exempt(KCC 5.01.045)
Notice required prior to disclosure? Contract Number:
FlYesF]No CAG2023-285
Comments:
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Date Routed to the City Clerk's Office:
ac«w»373__,0 Visit Documents.KentWA.gov to obtain copies of all agreements
rev.20210513
LAW ENFORCEMENT ISO CLAIMSEARCH ACCESS
MEMORANDUM OF UNDERSTANDING
This Law Enforcement ISO ClaimSearch Access Memorandum of Understanding("MOU") is
made and entered into by and between the National Insurance Crime Bureau ("NICB"), an
Illinois not-for-profit corporation located at 1111 E. Touhy Avenue, Suite 400, Des Plaines,
Illinois 60018 and the law enforcement agency identified on the signature page hereto
("Agency') ("NICB" and, together with "Agency," hereafter referred to from time to time
individually as "Party' or collectively as "the Parties") and is effective as of the date of the
last signature to this Agreement ("Effective Date").
RECITALS
WHEREAS, NICB is an Illinois not-for-profit corporation dedicated to fighting insurance-
related crime and fraud, and gathering and disseminating information related to insurance
crime and fraud for the benefit of NICB member companies, law enforcement, regulatory
authorities and the general public; and
WHEREAS, Verisk Analytics Inc. ("Verisk") owns ISO ClaimSearch, and NICB contracts
with Verisk in order to credential and provide law enforcement agencies and their personnel
access to ISO ClaimSearch on the condition that NICB pass through certain terms to the law
enforcement agency;
WHEREAS, Agency is a law enforcement agency whose mission is to protect and serve the
people of the applicable jurisdiction; and
WHEREAS,NICB and Agency desire to work together to exchange information and data that
will allow both Parties to more easily detect and prevent insurance-related crime and fraud;
NOW THEREFORE,in consideration of the promises and obligations contained in this MOU,
and other good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the Parties agree as follows:
1. Access. Subject to the terms of this MOU, during the Term, NICB hereby grants to
Agency a non-exclusive, non-transferable, non-assignable, limited, revocable right to
allow employees with access credentials within their organization the right to access
and use the ISO ClaimSearch for: (1)investigating or prosecuting crime,including but
not limited to insurance-related crime and fraud; and(2) investigating or prosecuting
individuals relevant to homeland security activity. (collectively the "Purpose").
2. Access Credentials. In order to access the ISO ClaimSearch, Agency must appoint an
administrator("Administrator")to receive access credentials to the ISO ClaimSearch.
The Administrator, in turn, may designate individuals employed by Agency
("Designees") to receive access credentials to ISO ClaimSearch.
3. Confidentiality.
A. All non-public information and data contained within ISO ClaimSearch
pursuant to this Agreement shall be considered as confidential information
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("Confidential Information"). Confidential Informational shall be held in the
strictest confidence and shall not be released, disseminated, used, accessed,
copied, shared,transferred,or disclosed by Agency, except as strictly necessary
for the Purpose.
B. Confidential Information shall not include any information, however
designated or marked, that: (i) is publicly available, or subsequently becomes
publicly available, after the time it was communicated to the recipient through
no breach of this MOU by the recipient; (ii) was in the recipient's possession
free of any obligation of confidence prior to being communicated to the recipient
by the disclosing party, or is in the recipient's possession free of any obligation
of confidence subsequent to the time it was communicated to the recipient by
the disclosing party; (iii) is independently developed by employees or agents,
without use of the data contained in the ISO C1aimSearch, of the recipient and
can be so proven by recipient; or (iv) is obtained by the receiving party from a
third party lawfully in possession of such information and without a breach of
such third party's obligations of confidentiality.
C. It shall not be a violation of Section 3 of this MOU for Agency to disclose
Confidential Information as required by standard legal procedure in order to
prosecute crime. Further, disclosure is permitted in response to a lawful
subpoena or other legal process served upon Agency or where applicable law
requires the disclosure of Confidential Information, provided that: (i) if not
prohibited under applicable law, Agency, prior to disclosing such information,
gives reasonable written notice to NICB sufficient to permit NICB to seek a
protective order if it so chooses; and(ii) in all cases, Agency discloses only that
information that is legally required to be disclosed. For clarity, any of the
Confidential Information Agency discloses pursuant to this Section 3. c. shall
remain subject to the confidentiality requirements under this MOU for all
other purposes.
4. Agency Obligations. In exchange for access to ISO C1aimSearch, the Agency agrees to
comply with the following obligations:
A. Administrator. Agency shall appoint an Administrator who shall be identified
to NICB and shall be responsible for adding or removing Designees, as
appropriate, as well as maintaining a list of active Designees.No Designee may
be granted access to ISO C1aimSearch without Administrator approval. The
Administrator shall be the Agency contact responsible for fulfilling Agency
obligations required under this MOU.
B. Designees. Designees shall be restricted to active Agency employees who: (1)
are in good standing and not under suspension for any criminal or civil
violation, or under active criminal investigation or indictment ("Good
Standing"); and (2) have a need to know the Confidential Information for the
Purpose.
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C. Vetting. Agency shall have in place a vetting process to ensure minimum
standards for each Designee to qualify for access to ISO ClaimSearch are met,
including the following determinations for each Designee:
i. the Designee's need for access;
ii. which level of access is required for the Designee and for what purpose;
iii. ensuring Designee's access conforms to this Agreement;
iv. ensuring Designee's access is based on the Designee's need to know in
order to carry out the Purpose; and
v. documenting the above determinations.
D. Responsibility. The Administrator shall be responsible for, and shall supervise
and control, all Designee access to ISO ClaimSearch. The Administrator shall
implement an internal process whereby Designee usage is documented and
monitored to ensure that that Designee usage conforms with the Purpose and
this MOU.Agency shall immediately notify NICB of any access or usage of ISO
ClaimSearch that does not comply with this Agreement and shall prohibit
Designee from any further access or usage of ISO ClaimSearch until future
access is expressly approved, in writing, by NICB.
E. Training. Agency shall ensure that Designees complete all training and
certifications required in order to gain access; and all periodic training either
assigned by NICB, the ISO ClaimSearch platform, or otherwise in order to
maintain access.
F. Termination of Access. Agency shall immediately terminate Designee's access
to ISO ClaimSearch:
i. when Designee's is no longer employed by Agency;
ii. when Designee no longer has a legitimate Purpose to have access to ISO
ClaimSearch; or
iii. if a Designee is no longer in Good Standing.
G. Privacy and Security Policies.Agency will, at all times, ensure that access and
use of ISO ClaimSearch complies with the NICB Privacy and Security Policy,
and the ISO Privacy and Security Policies, including any updates and
amendments that may be issued from time to time.
H. Controls for the Protection of Confidential Information.Agency shall maintain
during the term of this MOU, and at all times thereafter in which Agency
maintains Confidential Information in its possession or control, an information
security program that provides for the administrative, technical, and physical
safeguards designed to adequately protect the security and confidentiality of
Confidential Information in Agency's possession or control in accordance with
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applicable federal, state and local laws, rules, and regulations. At a minimum,
Agency's safeguards for the protection of Confidential Information shall
include:
i. limiting access of Confidential Information to authorized employees;
ii. maintaining an adequate network firewall;
iii. securing business facilities, data centers, paper files, servers, backup
systems, and computing equipment,including but not limited to devices
with information storage capability;
iv. implementing secure storage and disposal of Confidential Information;
v. implementing authentication, and access controls within operating
systems and equipment; and
vi. implementing appropriate personnel security and integrity procedures
and practices, including conducting background checks consistent with
applicable law and providing appropriate privacy and information
security training to Agency employees.
5. Audits. NICB may issue a security assessment questionnaire and conduct
independent onsite security assessments of Agency related to Agency's compliance
this Agreement. For any onsite inspection, NICB will provide at least 30 days prior
written notice. Such assessments shall not occur more than once per calendar year, at
a time that minimizes operational interruptions to Agency. Agency's failure to
adequately respond in a timely manner to a security assessment questionnaire,timely
submit to an onsite inspection, or timely or adequately, in NICB's sole determination,
remedy any compliance or security concern raised by NICB, may result in immediate
suspension of Agency's ISO ClaimSearch access pursuant to Section 10 of the MOU.
6. Security Breach.
A. Notification. Agency shall promptly, but in no case later than 48 hours, notify
NICB of any confirmed or based on a good faith determination by NICB or
Agency there is a significant risk to Confidential Information unauthorized or
improper access to or use or disclosure of Confidential Information while in the
possession or control of Agency, its Administrator or its Designees ("Security
Breach").
B. Mitigation and Cooperation. Agency shall promptly implement steps to
remediate and mitigate the effects of any Security Breach. Agency shall
cooperate with reasonable requests for information from NICB or its
representatives regarding the Security Breach. To the extent possible, Agency
shall promptly provide a written description of the number of individuals'data
involved, the location (i.e., State) of the individuals, the amount of data
involved, the type of data involved and any other relevant information
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reasonably requested by NICB or as otherwise required to be provided by
applicable law.
7. Representations and Warranties.Agency represents and warrants the following:
A. Agency is a professional, reputable, and trustworthy organization that serves
the public.
B. Agency is not under suspension for any criminal or civil violation; or under
active criminal investigation or indictment.
C. Agency will not provide access to any Designee who is not in Good Standing.
D. Agency, its Administrator, and its Designees have a justifiable reason for
requiring access to ISO ClaimSearch that is consistent with the Purpose.
E. Agency either (a) has an established working relationship with NICB, or (b)
will take steps in order to establish a new relationship with NICB.
F. Agency agrees to comply with all applicable federal, state, and local data
privacy and security laws, rules and regulations, and applicable industry
standards related to or concerning the protection of data.
8. Indemnity. To the extent permissible by law,Agency shall indemnify, defend and hold
NICB harmless from all third-party lawsuits, claims, liabilities, damages,
settlements,judgments, or expenses, including NICB's costs and reasonable attorney
fees, which arise as a result of Agency's material breach of this Agreement, negligent
acts or omissions, or willful misconduct.
9. Disclaimer of Warranties. Limited Use; No Reliance. Information contained within
ISO ClaimSearch is provided "AS IS, WHERE IS" and intended to be used as
investigative leads only, in support of investigations of criminal activity in accordance
with the Purpose. Agency should not make prosecution decisions based solely upon
information contained in ISO ClaimSearch. NICB HEREBY DISCLAIMS ALL
WARRANTIES EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE INFORMATION
CONTAINED WITHIN ISO CLAIMSEARCH.
10. Term and Termination.
A. Term. This MOU shall commence as of the Effective Date and will remain in
effect until either Party terminates this MOU by providing 30 days' written
notice to the other party of the termination whereupon the MOU will terminate
at the end of the 30-day notice period.
B. Immediate Termination. NICB may immediately terminate this MOU if the
Agency materially breaches its obligations under this MOU.
11. Survival. Upon termination of this MOU, the provisions of this MOU concerning the
ongoing interests of the parties shall continue and survive in full force and effect.
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12.Assignment.Neither Party may assign or transfer any rights or obligations under this
MOU without the prior written consent of the other Party.Any attempt to transfer all
or part of either Party's rights or obligations without such consent is null and void and
of no effect.
13. Notices. All notices between the parties will be in writing and will be delivered as
follows,with notice deemed given as indicated(a)by personal delivery,when delivered
personally; or (b) by overnight courier, upon the courier's confirmation of delivery. In
either case, a copy shall be sent via email. Notices to the Agency will be sent to the
email and address provided by Agency at the time of application for credentialing.
Notices to NICB will be sent to the addresses, including e-mail addresses, set forth as
follows, or such other address as is provided by notice as set forth herein:
National Insurance Crime Bureau
1111 E. Touhy Avenue, Suite 400
Des Plaines, Illinois 60018
Attn: General Counsel
Email: pmartin@nicb.org; rcooper@nicb.org
14. Severability. Any term or provision of this MOU held to be illegal or unenforceable
will, if possible, be interpreted so as to be construed as valid, but in any event the
validity or enforceability of the remainder hereof will not be affected.
15. No Waiver. The waiver of, or failure to enforce, any breach or default hereunder will
not constitute the waiver of any other or subsequent breach or default.
16.No Joint Venture. The relationship of the parties hereunder will be that of two
independent contracting parties, and nothing herein will be deemed to create a joint
venture, partnership, agency or employer/employee relationship. In no event will
either party be permitted to make any MOU,or represent that it is authorized to make
any MOU, on behalf of the other party,without the prior written consent of such other
party.
17. Entire AgTeement. This MOU sets forth the entire agreement between the parties
related to the subject matter herein, and supersedes any and all prior agreements,
proposals, understandings, discussions, MOUs, and representations between them,
whether written or oral. This MOU may be changed only by mutual MOU of the
parties in writing. This MOU may be executed in counter-parts with electronic
signatures to be deemed valid and binding.
[Signatures immediately to follow on page 7of 71
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IN WITNESS WHEREOF, the parties hereto have caused this MOU to be executed
by their duly authorized representatives. II
National Insurance Crime Bureau Agency: T
ORI: WA 0 1-7 0 700
Signed: `� Signed:
Name: Fred Lohmann Name: PArAft 'OU-c4
Sr Director of Operations C'���' O� �sGc
Title: N I C B Title:
4/26/2023
Date: Email: r,#w d ik 4 Q k i►► •�n�
Date: b3- 3d-a3
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