Loading...
2014-113 FLORIDA MEMORANDUM OF UNDERSTANDING DRIVERS LICENSE AND/OR MOTOR VEHICLE RECORD DATA EXCHANGE Contract Number 145M1v- 0 Ertl-(5— This Memorandum of Understanding(MOU) is made and entered into by and between Clermont Police Department hereinafter referred to as the Requesting Party and the Department of Highway Safety and Motor Vehicles hereinafter referred to as the Providing Agency I. Purpose of the Data Exchange The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic access to driver license and motor vehicle data to the Requesting Party as follows Type of Data Requested Statutory Fees(subject to change by the Legislature) ❑ DL/DMV transaction data El No Charge ❑ Driver license status ❑ $0.50/record,per s 320 05 ❑ Motor vehicle status ❑ $0 50/record,per s 320.05, F S ❑ Driver license transcript(3-year) ❑ $8.00/record,per s 322 20, F.S ❑ Driver license transcript(7-year or complete) 0 $10 00/record,per s 322 20, F S ❑ Cost recovery fee for TML, Inc* ❑ $0 02/record(rounded to nearest$0.01 daily prior to electronic funds transfer TML will determine fee on an annual basis) ❑ Motor vehicle list ❑ $0 01/record,per s 320 05, F S ❑ Driver license list ❑ $0 01/record,per s 322 20, F S ❑ Dnver record search ❑ $0 01/record or$2 00/record if no record is found, per s 322 20, F S ❑ Motor vehicle record ❑ $0.50/record,per s 320 05, F S ❑ Residency venfication 0 $0.01/record,per s 322 20, F S El DAVID N/A ❑ DAVE(government agencies only) N/A ❑ with Photos/Signatures ❑ Motor Vehicle Insurance Data N/A ExchangeNerification * TML Information Services, Inc owns and operates the computer hardware and software that allows remote interactive access to the databases of the Providing Agency for the Requesting Party For each single transaction received by the system,one type driver license history will be returned ❑ The Requesting Party is not requesting personal information and/or is not qualified to obtain personal information pursuant to the Driver's Privacy Protection Act El The Requesting Party is requesting personal information and declares that it is qualified to obtain personal information under the following exception numbers, as listed in Attachment 1, authorized by the Driver Privacy Protection Act 2 Personal information will be used as follows For Law enforcement purposes only. El The Requesting Party is authorized to receive a x 9-digit social security number x a 4-digit social security number,pursuant to Chapter 119, F S ,or other applicable laws ❑ The Requesting Party is authorized to receive insurance data on a per record basis for the purposes, pursuant to section 713 78(4)(b),F S , or other applicable laws The Requesting Party may only re-release this information to parties authorized to receive it under section 713 78(4)(b), F S 'r Received by(Initial/Date) Ar ' I 11 Data Exchange MOU (Rev. 09-08-2014) /0 3d IP.ge 1 of 7 II. Definitions A. "Driver's Privacy Protection Act"(DPPA)—18 United States Code section 2721 et seq B. "Providing Agency" —The Department of Highway Safety and Motor Vehicles The agency responsible for granting access to driver license and/or motor vehicle data to the Requesting Party C. "Requesting Party" — Any entity type that is expressly authorized by section 119 0712(2), Florida Statutes and DPPA to receive personal information and highly restricted personal information that requests information contained in a driver license, motor vehicle, or traffic crash record D. "Parties"—The Providing Agency and the Requesting Party E. "Third Party" — Any individual, association, organization, or corporate entity who receives driver license and/or motor vehicle data maintained and released by the Providing Agency or Requesting Party F. "Government Entity" —Any federal, state, county, county officer, or city government, including any court or law enforcement agency G. "Network Provider"—A Requesting Party whose access is provided by remote electronic means through the System to request specific types 'of data at a minimum of 5,000,transactions per month A six (6) month startup period will be allowed for new Network Providers, during which time, less than 5,000 transactions per month will be accepted H. "Personal Information" — Information found-in the motor vehicle or driver record which includes, but is not limited''to, the subject's driver identification number, name, address, telephone number, and medical or disability information Personal information does not include information related to vehicular crashes, driving violations,and driver's status I. "Vendor Number" — A unique number assigned to the Requesting Party by the Providing Agency that identifies the type of record authorized for release and it's associated fees Misuse of a vendor number to obtain information is strictly prohibited and shall be grounds for termination in accordance with Section IX J. "Driver license information" — driver license and identification card data collected and maintained by the Providing Agency K. "Motor vehicle information"—title and registration data collected and maintained by the Providing Agency for vehicles, and mobile homes Ill. Legal Authority The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor vehicles pursuant to Chapters 319, 320,and 322, Florida Statutes,and The driver license and motor vehicle data contained in the Providing Agency databases is defined as public record pursuant to Chapter 119, Florida Statutes, and The Providing Agency as custodian of the foregoing records may provide access by remote electronic means and charge a fee for the direct and indirect'costs of providing such access, pursuant to sections 119 0712(2), 320 05, 321 23;and 32220, Florida Statutes, and other applicable rules and policies;and The Requesting Party, might obtain via remote electronic means blocked personal information exempt from public disclosure as provided-pursuant to section 119 0712(2), Florida Statutes, the Requesting Party shall maintain the confidential and,exempt status of such data Anyone accessing records obtained per this agreement must ensure that the end users of the records are complying with section 119 0712(2),Florida Statutes and DPPA The Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this MOU Data Exchange MOU (Rev. 09-08-2014) Page 2 of 7 IV. Statement of Work • A. The Providing Agency agrees to 1 Provide the Requesting Party with the technical specifications required to access driver license and/or motor vehicle information in accordance with the access method being requested 2 Allow the Requesting Party/Network Provider to electronically access driver license and/or motor vehicle data 3 Accept the Requesting Party/Network Provider's electronic requests and respond with appropriate data At a minimum, 90% of the responses to electronic requests from Network Providers will occur within 15 seconds of receiving the transaction 4. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for providing the electronically requested data The fee shall include all direct and indirect costs of providing remote electronic access, according to section 119 07(2)(c), Florida Statutes. 5. Collect all fees due for electronic requests through the Automated Clearing House account of the banking institution which has been designated by the treasurer of the State of Florida for such purposes 6. Discontinue access of the Requesting Party for non-payment of required fees The Providing Agency shall not be responsible for the failure, refusal, or inability of the Requesting Party/Network Provider to make the required payments, or interest on late payments for periods of delay attributable to the action or inaction of Network Providers 7 Not indemnify or be liable to the Requesting Party/Network Provider for any driver license or motor vehicle information, programs, job streams, or similar items delayed, lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as provided in section 768 28, Florida Statutes 8. Notify the Requesting Party/Network Provider thirty (30) days prior to changing any fee schedules when it is reasonable and necessary to do so, as determined by the Providing Agency All fees are established by Florida law Any changes in fees shall be effective on the effective date of the corresponding law change. The Requesting Party/Network Provider may continue with this MOU as modified or it may terminate the MOU in accordance with Section IX , subject to the payment of all fees incurred prior to termination 9 Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the Legislature. 10 Provide electronic access for Network Providers to driver license and/or motor vehicle information 24 hours a day, 7 days per week other than scheduled maintenance or other uncontrollable disruptions Scheduled maintenance normally occurs Sunday mornings between the hours of 6.00AM and10 OOAM 11 Provide an agency contact person for assistance with the implementation of this MOU B. The Requesting Party agrees to. 1 For the Requesting Party, dnver license and/or motor vehicle, information may only be used for the express purposes descnbed herein Information obtained from the Providing Agency by the Requesting Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or resold to any Third Party 2 Be responsible for interfacing with any and all Third Party end users The Providing Agency will not interact directly with any Third Party end users Requesting Party shall not give Third Party end users the name, E-mail address, and/or telephone number of any Providing Agency employee without the express written consent of the Providing Agency (This does not apply to Government Entities j Data Exchange MOU (Rev. 09-08-2014) Page 3 of 7 3. Maintain a help desk for its Third Party end users Personnel assigned to this help desk shall be fully trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user questions. In cases where the Requesting Party/Network Provider help desk personnel are unable to answer a question from a Third Party end user and that question must be answered by Providing Agency personnel, the Requesting Party shall obtain the answer from the Providing Agency and then relay the answer to the Third Party end user (This does not apply to Government Entities] 4 Ensure that its employees and agents comply with Section V Safeguarding Information procedures of this MOU 5 Not assign, sub-contract, or otherwise transfer its rights, duties, or obligations under this MOU without the express written consent and approval of the Providing Agency 6 Use the information received from the Providing Agency only for the purposes authorized by this agreement 7 Protect and maintain the confidentiality and security of driver license and/or motor vehicle information received from the Providing Agency in accordance with this MOU and applicable state and federal law 8 To the extent allowed by law, the Requesting Party shall defend, hold harmless and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party's negligent, improper,or unauthorized use or dissemination of information provided by the Providing Agency 9. Update user access permissions upon termination or reassignment of users within 5 working days and immediately update user access permissions upon discovery of negligent, improper, or unauthorized use or dissemination of information Conduct quarterly quality control reviews to ensure all current users are appropriately authorized 10 For all records containing personal information released to a Third Party, maintain for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted purpose for which it will be used The Requesting Party shall make these records available for inspection upon request by the Providing Agency (This does not apply to Government Entities] 11 Pay all costs associated with electronic access of the Providing Agency's driver license and/or motor vehicle information, such costs shall include all one time, recurring, and usage charges for all hardware, software, and services required to connect to and use the electronic access Payment must be in advance of receiving any information or using electronic means as follows • Complete and sign the appropriate document(s)to allow the Providing Agency's designated banking institution to debit the Requesting Party's designated account • Maintain an account with a banking institution as required by the Providing Agency • Pay all fees due the Providing Agency by way of the Automated Clearing House account of the Providing Agency's designated banking institution Collection of transaction fees from eligible and authorized Third Party end users is the responsibility of the Requesting Party 12 Minimum Transaction Level—In order to qualify for direct connection to a port,the Network Provider must agree to submit a minimum of 5,000 transactions per month for driver transcnpts or 2,500 transactions for public records access program for motor vehicle/driver license status checks A six-month startup period will be allowed,during which time less that the minimum will be acceptable In the event the Network Provider does not maintain the minimum transaction per month beginning with the first day of the seventh month and every month thereafter,the Network Provider's direct connection to a port will be terminated Data Exchange MOU (Rev. 09-08-2014) Page 4 of 7 V. Safeguardina Information • The Parties shall access, use and maintain the confidentiality of all information received under this agreement in accordance with Chapter 119, Florida Statutes, and DPPA Information obtained under this agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in sections 119 10 and 775 083, Florida Statutes In addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability The Parties mutually agree to the following A. Information exchanged will not be used for any purposes not specifically authorized by this agreement Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, and the dissemination,shanng,copying or passing of this information to unauthorized persons B. Information exchanged by electronic means will be stored in a place physically secure from access by unauthorized persons C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot review or retrieve the information D. All personnel with access to the information exchanged under the terms of this agreement will be instructed of, and acknowledge their understanding of, the confidential nature of the information These acknowledgements must be maintained in a current status by the Requesting Party E. All personnel with access to the information will be instructed of, and acknowledge their understanding of, the criminal sanctions specified in state law for unauthorized use of the data These acknowledgements must be maintained in a current status by the Requesting Party F. All access to the information must be monitored on an on-going basis by the Requesting Party In addition, the Requesting Party must complete an annual audit to ensure proper and authorized use and dissemination G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the respective Parties attest that their respective agency procedures will ensure the confidentiality of the information exchanged will be maintained VI. Compliance and Control Measures A. Internal Control Attestation - This MOU is contingent upon the Requesting Party having appropriate internal controls over personal data sold or used by the Requesting Party to protect the personal data from unauthorized access, distribution, use, modification, or disclosure Upon request from the Providing Agency, the Requesting Party must submit an attestation from a currently licensed Certified Public Accountant performed in accordance with American Institute of Certified Public Accountants (AICPA) "Statements on Standards for Attestation Engagement." In lieu of submitting the attestation from a currently licensed Certified Public Accountant, Requesting Party may submit an alternate certification with pre-approval from the Department In the event the Requesting Party is a governmental entity, the attestation may be provided by the entity's internal auditor or inspector general The attestation must indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure The attestation must be received by the Providing Agency within 180 days of the written request The Providing Agency may extend the time to submit the attestation upon written request and for good cause shown by the Requesting Agency Data Exchange MOU (Rev. 09-08-2014) Page 5 of 7 IN WITNESS HERETO,the PARTIES have executed this Agreement by their duly authorized officials Requesting Party: Providing Agency: Clermont Police Department Florida Department of Highway Safety and Motor Vehicles Company/Agency Name 2900 Apalachee Parkway 865.W Montrose Street Tallahassee,Florida 32399 Street Address Suite Clermont, FL 34711 City,Sta ; Zip Code —> Charles Broadway John McCarth Printed/Typed Name Printed/Typed Name Chief of Police Chief of Purchasing&Contracts Title Title i - \ Li oCt6X/4. Date cbroadway@clermontfl.org E-Mail Address 352-394-5588 Phone Number 35d- 5q1-f Fax Number Technical Contact for FTP,Program Access Printed/Typed Name Entail Address Phone Number Point of contact for Web Application Access Steven Shane=Strickland Printed/typed Name sstrickland@clermontfl.org E-Mail Address 352-394-5588 Phone Number Data Exchange MOU (Rev. 09-08-2014) Page 7 of 7