HomeMy WebLinkAboutLN Coplogic MOUMEMORANDUM OF UNDERSTANDING
THIS MEMORANDUM OF UNDERSTANDING (“MOU”), dated April 27, 2020, is by and between LexisNexis
Coplogic Solutions Inc., with offices at 1000 Alderman Drive, Alpharetta, Georgia, 30005 (“LN Coplogic”), and Carmel
Police Department with offices at 3 Civic Square, Carmel, IN, 46032 (“Agency”). This MOU shall be effective on the
date of execution of the last party signing (“Effective Date”). Each Party shall be individually referred to herein as
“Party” or collectively as “Parties.”
PURPOSE. Agency acknowledges that the Indiana State Police (ISP) is the central repository for crash reports in the
State of Indiana pursuant to Ind. Code §9-26-2-2. Pursuant to a separate agreement between LN Coplogic ISP to
which Agency is not a party (the “Agreement”), ISP has contracted with LN Coplogic to operate the Automated
Report and Information Exchange System (ARIES) (“ARIES Reports”) to fulfill this purpose. The Agreement also
provides for LN Coplogic to operate buycrash.com for the public to obtain accident reports prepared by a law
enforcement agency pursuant to Ind. Code §9-26-2-1 and submitted into ARIES. LN Coplogic shall provide ARIES
Reports to legal entities and individuals permitted to obtain a copy of ARIES Reports and/or specific data extracted
from the ARIES Report in accordance with the Agreement and Ind. Code §5-14-3 et seq. (“Authorized Requestors”).
SCOPE OF SERVICES. LN Coplogic shall not charge any fee to Agency for the services described herein. LN Coplogic
shall charge no more than the amount permitted by ISP pursuant to Ind. Code §9-29-11(c) for each ARIES Report
(“ARIES Report Fee”) sold to an Authorized Requestor via LN Coplogic’s eCommerce web portal, BuyCrash.com (and
its successor(s) the “LN Portal”). Of this ARIES Report Fee, LN Coplogic agrees to remit Eight Dollars and 00/100
($8.00) to Agency for each crash report submitted by Agency to ARIES and subsequently sold as an ARIES Report via
the LN Portal (“Agency Fee”). No Agency Fee will be paid with respect to the following: (1) When an Affiliate (as
defined below) has paid an Agency Fee to acquire a ARIES Report for an Authorized Requestor (including ARIES
Reports purchased before the Effective Date) and such Affiliate later resells that ARIES Report from its inventory of
previously purchased ARIES Reports to another Authorized Requestor; or (2) When one or more components of an
ARIES Report (e.g., VIN number), rather than the ARIES Report in its entirety, is provided by LN Coplogic to an
Authorized Requestor or an Affiliate of LN Coplogic; or (3) When a fee is not charged to an Authorized Requestor for
the ARIES Report; or (4) When an ARIES Report is acquired by an Affiliate of LN Coplogic from a source other than a
web portal, product and/or service which is offered, owned and/or operated by LN Coplogic or its Affiliate. Nothing
in this MOU shall require LN Coplogic or its Affiliate (as defined below) to pay an Agency Fee to the Agency when an
Authorized Requestor provides an ARIES Report and/or specific data extracted from the ARIES Report to a third party
after the Authorized Requestor has purchased such ARIES Report from the Affiliate’s inventory of previously
purchased reports. Agency acknowledges that all ARIES Reports requested by authorized law enforcement entities
(“Agency Requestors”) shall be provided free of charge.
Nothing in this MOU shall prohibit LN Coplogic’s Affiliates from purchasing ARIES Reports via the LN Portal, or from
distributing previously purchased ARIES Reports and/or specific data extracted from the ARIES Report, to Authorized
Requestors or Agency Requestors in accordance with the terms of this MOU and applicable laws and regulations.
Nothing in this MOU shall prohibit Affiliates from acquiring ARIES Reports from a source other than the LN Portal.
For purposes of this Agreement, “Affiliate” means any corporation, firm, partnership or other entity that directly or
indirectly controls, or is controlled by, or is under common control with LN Coplogic. LN Coplogic Affiliates shall not
be bound by the terms and conditions of this MOU with respect to the provision of their applicable services
hereunder.
To the extent permitted under applicable law, LN Coplogic’s entire liability to Agency under this MOU shall not
exceed One-Hundred ($100.00) Dollars. In no event shall LN Coplogic be liable for any indirect, special, incidental, or
consequential damages in connection with this MOU.
STANDARD
By Jon Oberlander at 12:53 pm, Jun 22, 2020
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
PRIVILEGED AND CONFIDENTIAL INFORMATION OF LEXISNEXIS
LN_IN MOU eCommerce_Q4.v1.19/ Carmel/klk/4.27.2020 Page 2 of 2
This MOU will automatically renew on the anniversary of the Effective Date for an additional year, and on each
subsequent anniversary, unless either Party gives the other Party 60 days written notice of termination prior to the
renewal.
IN WITNESS WHEREOF, The Parties have caused this Agreement to be executed by their respective authorized
representatives as of the Effective Date.
Carmel Police Department LexisNexis Coplogic Solutions Inc.
By: ________________________________ By: ____________________________________
Print Name: _________________________ Print Name: _____________________________
Title: _______________________________ Title: __________________________________
Date: ______________________________ Date: __________________________________ 06/04/2020
Executive Vice President
William S. Madison
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
Approved and Adopted this day of , 20 .
CITY OF CARMEL, INDIANA
By and through its Board of Public Works and Safety
BY:
James Brainard, Presiding Officer
Date:
Mary Ann Burke, Member
Date:
Lori S. Watson, Member
Date:
ATTEST:
Sue Wolfgang, Clerk
Date:
DocuSign Envelope ID: FCAE68C3-BEEB-4AB6-B20D-7326E4322747
7/1/2020
7/1/2020
7/1/2020
20
7/1/2020
1st July