Approved:
______________________________
Diane Strickfaden, Risk Manager
475 Anton Blvd
Costa Mesa, California 92626
(1) 714 830 7000 T
www.experian.com
April 10, 2024
Redondo Beach Police Department 310-379-2477
401 Diamond St.
Redondo Beach, CA 90277
RE: Letter Agreement for Provision of Seller Services
This Letter Agreement is between Experian Information Solutions, Inc. (“Seller”) and the Redondo Beach Police Department (“AGENCY”) covering AGENCY’S use of Seller’s Employment Insight with Fraud Shield Reports being provided to AGENCY through Miller Mendel, Inc. (“Processor”) which are being procured by Agent under the Agreements established between Seller and Processor (STAC 2282020HR).
In consideration of the mutual covenants and agreements contained in this Letter Agreement and the provision and use directly by AGENCY of the Seller’s services, the parties agree as follows:
1. General Provisions for Data Use
(a) Data Use Restrictions.. AGENCY shall be solely responsible for assuring the secure and confidential manner in which it stores, delivers and transmits Services to its authorized employee users. (b) Inquiries. When accessing Services, AGENCY certifies it will use reasonable measures to identify consumers and will accurately provide Seller with complete identifying information about the consumer inquired upon in the form specified by Seller. AGENCY will enter all requested AGENCY and type code information when requesting Services. Seller may use AGENCY’S inquiry data for any purpose consistent with applicable federal laws, rules, and regulations in Seller’s provision of the Services to AGENCY in its obligations as a consumer credit reporting as it pertains to Seller’s use of inquiry data for reporting, billing, and auditing purpose only.
(c) Intellectual Property Rights. AGENCY acknowledges that Seller has expended substantial time, effort and funds to create and deliver the Services and compile its various databases. All data in Seller’s databases and any other intellectual property that are part of the Services are and will continue to be Seller’s exclusive property. (d) Confidential Treatment. Under no circumstances will AGENCY resell or otherwise disclose to any other person, other than employees or agents whose duties reasonably relate to the lawful business purpose for which the Services were obtained, any of the Services or data that Seller delivers to AGENCY. Both parties hereby acknowledge that the Services and/or data provided by either party to the other may include personal information pertaining to individual consumers, and requires that the parties treat such information responsibly and take reasonable steps to maintain appropriate confidentiality and to prevent unlawful dissemination or misuse by its employees, officers, agents or any other person with access to such information. The Services and data shall only be used as expressly authorized in this Letter Agreement.
(e) Compliance with Laws. AGENCY shall comply with all federal laws, rules regulations and decisions applicable to AGENCY’S use of the Seller’s data and Services provided pursuant to this Letter Agreement.
(f) Notification of Security Breach. In the event that AGENCY determines that physical and/or electronic safeguards that directly impact the Services being provided under this Letter Agreement have been breached, and that Seller data provided under the Letter Agreement has been obtained by persons and/or entities without authority to use or view such Seller data, then AGENCY shall notify Seller to the extent allowed by applicable law and/or law enforcement AGENCY, in writing, within 24 hours of discovery.
475 Anton Blvd
Costa Mesa, California 92626
(1) 714 830 7000 T
www.experian.com
(g) Warranty and Disclaimers. Seller warrants to AGENCY that Seller will use commercially reasonable efforts to deliver the Services in a timely manner. Because the Services involve conveying information provided to Seller by other sources, Seller cannot and will not, for the fee charged for the Services, be an insurer or guarantor of the accuracy or reliability of the Services or the data contained in its various databases. THE WARRANTY IN THE FIRST SENTENCE OF THIS PARAGRAPH IS THE ONLY WARRANTY SELLER HAS GIVEN AGENCY WITH RESPECT TO THE SERVICES. SELLER MAKES NO
REPRESENTATION OR WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SERVICES, ANY SELLER DATA, OR ANY
OTHER MATERIALS (TANGIBLE OR INTANGIBLE) SUPPLIED BY SELLER HEREUNDER, AND SELLER HEREBY EXPRESSLY
DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES WITH RESPECT THERETO, INCLUDING WITHOUT LIMITATION, ANY
WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR CURRENTNESS OF ANY DATA OR ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.
2. CONSUMER CREDIT SERVICES
FAIR CREDIT REPORTING ACT (“FCRA”) USE. Agency will request and use the Services strictly in accordance with the federal Fair Credit Reporting Act, 15 U.S.C. 1681 et seq., as amended (the “FCRA”) and all applicable similar state laws. Without limiting the foregoing, Agency certifies that Agency will request and use the Services solely in connection with (i) employment transaction with a consumer; and (ii) transactions involving the consumer as to whom such information is sought and will not request or use such Services for purposes prohibited by law. Agency further certifies that it will comply with all requirements of the FCRA and all similar state laws applicable to it. If Agency has purchased a consumer report from Experian in connection with a consumer’s application for employment and the consumer makes a timely request of Agency, Agency may share the contents of that report with the consumer as long as it does so without charge and only after authenticating the consumer’s identity, or as otherwise required by ICRAA.
California ICRAA Use. In addition to compliance with FCRA Use above, Agency will, in its request for and use of the Services, comply with all obligations under ICRAA. Additionally, Agency shall comply with the requirements set forth in the attached Investigative Consumer Report Exhibit (pages 4-5) .
Death Master File Certification. Agency acknowledges many of Seller Services contain information from the Death Master File as issued by the Social Security Administration (“DMF”). Pursuant to Section 203 of the Bipartisan Budget Act of 2013 and 15 C.F.R. § 1110.102, Agency certifies that consistent with its applicable FCRA or GLB use of Experian’s Services, Agency’s use of deceased flags or other indicia within the Seller Services is restricted to legitimate fraud prevention or business purposes in compliance with applicable laws, rules regulations, or fiduciary duty, as such business purposes are interpreted under 15 C.F.R. § 1110.102(a)(1).
Agency further certifies it will not take any adverse action against any consumer without further investigation to verify the information from the deceased flags or other indicia within the Seller Services.
Data Contribution. No data will be contributed from this Agreement.
Point of Sale Certification. In compliance with Section 1785.14(a) of the California Civil Code, Agency certifies to Experian that (i) Agency IS NOT a retail seller, as defined in Section 1802.3 of the California Civil Code (“Retail Seller”).
A. Written Instructions. FCRA Compliance--Written Instructions. Agency shall substantially comply with the following web site requirements:
(1) Agency will prominently display a message specifically informing the consumer that his or her credit profile will be consulted for the purpose for which it is to be used and no other purpose, and that clicking on the “I AGREE” button following such notice constitutes written instructions to the Agency under the FCRA. Agency agrees that the notice provided by Agency will be substantially as follows:
“You understand that by clicking on the I AGREE button immediately following this notice, you are providing ‘written instructions’ to (Agency) under the Fair Credit Reporting Act authorizing (Agency) to obtain information from your personal credit profile or other information from Experian. You authorize (Agency) to obtain such information solely to _____________________________ (insert purpose e.g. to confirm your identity to avoid fraudulent transactions in your name.) (2) The “I AGREE” button must immediately follow the notice provided for above. The notice and “I AGREE” button must be separate from any other notice or message contained on the web site. (3) The consumer must have the ability to fully review any of the terms to which he or she is agreeing immediately preceding the consensual click.
(4) The consumer must not be able to proceed in the process without affirmatively agreeing to the terms in the notice. (5) The consumer must have the ability (should they choose) to print out the terms to which he or she is agreeing, including their consent.
475 Anton Blvd
Costa Mesa, California 92626
(1) 714 830 7000 T
www.experian.com
(6) The record of the consumer’s ‘written instruction’ by clicking “I AGREE” must be retained by Agency in a form that is capable of being accurately reproduced for later reference by the Parties.
B. Written Instructions by Telephone. If Agency is obtaining a consumer’s written instructions over the telephone for access to a consumer report for the use described above, Agency shall comply with Section 2(A) of this Supplement, including as specifically modified below:
(1) Agency will ask each consumer to confirm his or her consent to access such person’s credit report by asking the following: “You need to authorize (Agency) to access your credit report for authentication purposes. Please confirm your authorization to access your credit report for authentication purposes by pressing the # key now”; (2) The consumer must not be able to proceed in the process without affirmatively agreeing to allow access to his credit report as provided above; and
(3) The record of the consumer’s ‘written instruction’ by pressing the # symbol must be retained by Agency in a form that is capable of being accurately reproduced for later reference by the parties.
Fraud Shield. Agency (a) agrees to use the Service solely to validate a consumer’s identity and not in whole or in part to establish an individual’s eligibility for personal credit, insurance, or employment, and (b) certifies that it will not take any adverse action (as defined in the FCRA) against any consumer or deny access to any of Agency ’s services, which is based in whole or in part on information obtained from the Services. In lieu of any adverse action based on the Services, Experian recommends Agency take additional steps to verify the consumer’s identity, e.g. request an identification document from the consumer or waterfall to secondary authentication service.
Employment Insight. Agency certifies to Experian that (a) it will ensure that prior to procurement or causing the procurement of a consumer report for employment purposes (an Employment Insight Report): (i) a clear and conspicuous disclosure has been made in writing to the consumer before the report is procured or caused to be procured, in a document that consists solely of the disclosure, that a consumer report may be obtained for employment purposes; and (ii) the consumer has authorized in writing the procurement of the report by the Agency; (b) in using a consumer report for employment purposes, before taking any adverse action based in whole or in part on the report, Agency shall provide to the consumer to whom the report relates (i) a copy of the report; and (ii) a description in writing of the rights of the consumer as prescribed by the Bureau of Consumer Financial Protection (“Bureau”) under the FCRA; and (c) information from the consumer report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Agency acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each consumer report used for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.
Kindly have an authorized representative sign at the bottom of this letter to indicate your agreement and return it to my attention.
Irene Avelar
703-897-7824
AGREED AND ACCEPTED BY CITY OF REDONDO BEACH
BY: _______________________________
TITLE: _______________________________
DATE: _______________________________
ATTEST:
______________________________
Eleanor Manzano, City Clerk James A. Light, Mayor
APPROVED AS TO FORM:
______________________________
Michael W. Webb, City Attorney
475 Anton Blvd
Costa Mesa, California 92626
(1) 714 830 7000 T
www.experian.com
INVESTIGATIVE CONSUMER REPORT EXHIBIT
For each Investigative Consumer Report, requested of Experian by Agency, Agency agrees to and certifies to the following additional terms and conditions:
A. Agency certifies that for each Investigative Consumer Report request of EBD, its permissible purpose is limited:
☒ to use the information for employment purposes.
B. Agency agrees to provide a keyword designated by EBD, or other method as directed by EBD, with each request for an Investigative Consumer Report if: a consumer is located in California; the rental property, if applicable, is located in California; the place of employment, if applicable, is located in California; or the rental or employment decision, if applicable, is made in California, in order to indicate that the report requested is an Investigative Consumer Report. Agency understands and agrees that when providing a keyword, Agency is requesting Services from EBD applicable to this Schedule. Each Investigative Consumer Report will include the following code in the comment section: “615” to notate that the report provided is an Investigative Consumer Report.
C. Also, Agency understands and agrees that even if a keyword is not provided in accordance with Subsection B above, when using the Experian-designed subcode for the applicable permissible purpose(s) indicated above and requesting Services from Experian on a California consumer, Agency is requesting Services from EBD applicable to this Schedule. Each Investigative Consumer Report will include the following code in the comment section: “ICRAA” to notate that the report provided is an Investigative Consumer Report.
D. Agency shall not request an Investigative Consumer Report for a purpose other than what the Agency has certified herein, and Agency shall immediately notify EBD of its intent to change any purpose(s) for which it intends to use the Investigative Consumer Report.
E. Agency shall comply with the following in its request for and use of the Investigative Consumer Report:
(1) If an Investigative Consumer Report is sought for employment purposes other than suspicion of wrongdoing or misconduct by the subject of the investigation, Agency certifies that Agency shall request the Investigative Consumer Report from EBD only if all of the following apply:
(a) Agency has a permissible purpose, as selected above. (b) Agency provides a clear and conspicuous disclosure in writing to the consumer at any time before Agency requests the Investigative Consumer Report from EBD in a document that consists solely of the disclosure, that:
(i) An Investigative Consumer Report may be obtained.
(ii) The permissible purpose of the Investigative Consumer Report is identified. (iii) The disclosure may include information on the consumer’s character, general reputation, personal characteristics, and mode of living.
(iv) Identifies the name, address, and telephone number of the investigative consumer reporting agency conducting the investigation. Specifically, with respect to Investigative Consumer Reports provided by EBD, Agency shall use the contact information provided to it by EBD. (v) Notifies the consumer in writing of the nature and scope of the investigation requested, including a summary of the provisions of California Civil Code §1786.22.
(vi) Notifies the consumer of the Internet Web site address of the investigative consumer reporting agency identified in clause (iv), or, if the agency has no Internet Web site address, the telephone number of the agency, where the consumer may find information about the investigative reporting agency’s privacy practices, including whether the consumer’s personal information will be sent outside the United States or its territories and information that complies with California Civil Code §1786.20, subdivision (d). (c) The consumer has authorized in writing the procurement of the Investigative Consumer Report. (d) Agency’s request for an Investigative Consumer Report will not violate applicable federal or state equal employment opportunity laws or regulations.
(e) Agency certifies, in addition to the requirements set forth herein, to EBD that (a) it will ensure that prior to procurement or causing the procurement of an Investigative Consumer Report for employment purposes: (i) a disclosure that complies with ICRAA and the FCRA; and (ii) the consumer has authorized in writing the procurement of the report by the Agency; (b) in using an Investigative Consumer Report for employment purposes, before taking any adverse action based in whole or in part on the report, Agency shall provide to the consumer to whom the report relates (i) a copy of the report; and (ii) a description in writing of the rights of the consumer as prescribed 475 Anton Blvd
Costa Mesa, California 92626
(1) 714 830 7000 T
www.experian.com
by the Bureau of Consumer Financial Protection (“Bureau”) under the FCRA; and (c) information from the Investigative Consumer Report will not be used in violation of any applicable federal or state equal employment opportunity law or regulation. Agency acknowledges receipt of a copy of the Summary of Consumer Rights prescribed by the Bureau under Section 609(c)(1) of the FCRA and agrees to attach a copy of such Summary of Consumer Rights to each consumer report used for employment purposes as required by Section 604(b)(3)(A)(ii) of the FCRA.
(2) Agency certifies to EBD that Agency, prior to requesting an Investigative Consumer Report from EBD, has made the applicable disclosures to the consumer as required above and in California Civil Code §1786.16, subdivision (a), and that Agency shall comply with California Civil Code §1786.16, subdivision (b), as applicable. (3) Agency shall provide a copy of the Investigative Consumer Report to the subject of the investigation, as provided in California Civil Code §1786.16, subdivision (b).
(4) For purposes of ease, the requirements of California Civil Code §1786.16, subdivision (b), as in effect as of the Effective Date, are set forth below. Should California Civil Code §1786.16, subdivision (b) be revised or amended after the Effective Date, Agency shall be responsible for complying with such updated provision(s). (5) Agency shall:
(a) Provide the consumer a means by which the consumer may indicate on a written form, by means of a box to check, that the consumer wishes to receive a copy of any Investigative Consumer Report that is prepared. If the consumer wishes to receive a copy of the Investigative Consumer Report, Agency shall send a copy of the Investigative Consumer Report to the consumer within three business days of the date that the Investigative Consumer Report is provided to Agency by EBD. The notice to request the Investigative Consumer Report may be contained on either the disclosure form, as required by subdivision (a), or a separate consent form. The copy of the Investigative Consumer Report shall contain the name, address, and telephone number of EBD as the issuer of the Investigative Consumer Report and how to contact EBD with respect to Investigative Consumer Reports, EBD shall provide Agency its contact information;
(b) Comply with California Civil Code §1786.40, if Agency takes adverse action against the consumer for which the Investigative Consumer Report relates. Specifically, Agency acknowledges and agrees to provide to consumers for whom an Investigative Consumer Report is provided, and in the adverse action cases, to include the contact information for EBD as provided by EBD to Agency; and
(c) Not use the contact information for Experian Information Solutions to satisfy any of its obligations related to the Services.