MEMORANDUM OF UNDERSTANDING INTERAGENCY - TO PERMIT ACCESS SUNGUARD OSSI GANG MODULE'� �
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MEMQRANDUM OF UNDERSTANDING
INTERAGENCY MEMORANDUM OF UNDERSTANDING
BETWEEN
CITY OF CLEARWATER POLICE DEPARTMENT
AND
CITY OF LARGO POLICE DEPARTMENT
THIS MEMORANDUM OF UNDERSTANDING, made this 8 day of August 2011, by and between the
City of Largo Police Department and the City of Clearwater Police Department, a law enforcement agency as
prescribed by FSS 119.011 (02).
WITNESSETH
WHEREAS, The City of Larga Police Department maintains a Sunguard OSSI Gang Module; and
WHEREAS, The City of Clearwater Police Department requires access to this Module for the
purpose of conducting criminal investigations.
WHEREAS, Technology exist to permit the City of Clearwater Police Department access to the City
of Largo Palice Department's Sunguard OSSI Gang Madule, via an internet VPN connection; and
WHEREAS, FSS 119 allows for the dissemination of information between Law Enforcement
Agencies.
WHEREAS, The City of Largo Police Department is agreeable to entering into an understanding with
the City of Clearwater Police Department to permit such access.
NOW THEREFORE, The parties to this memorandum set farth the following terms and conditipns of
their understanding:
1. The City of Largo Police Department shall provide computer view only access for the City of
Clearwater Police Department for two sworn police officers designated by their agency to
access the Sunguard OSSI Gang Module.
2. Access to the Sunguard OSSI Gang Module is restricted to only two sworn police officers.
Additional access can be provided with a written request to the Largo Polic� Department
Office of Professional Standards.
3. The City of Largo Police Department will purchase two licenses to facilitate access to the
Sunguard OSSI Gang Module. All licenses will remain the properly of the City of Largo.
4. Any computer peripherals associated with this access, to include but not limited to printers,
computers, monitors, applicant print functions, etc., will not be supported by the City of
Largo. All such maintenance will be the responsibility of the City of Clearwater Police
Department.
5. Access to the Sunguard OSSI Gang Module will occur through the use of a Microsoft based
personal computer with a Windows OS 2003 ar grater operating system.
6. City of Clearwater police Personnel having access to this Module must maintain a password
which conforms to the F61 Security Policy 5.0.
7. City of Clearwater Police Personnel having access to this Module are restricted to the use of
this Modute for Law Enforcement Purposes only and are not permitted to distribute
documents under F.S.S. 119 as The City of Largo Police Department is the custodian of said
reCOrds.
8. The City of Clearwater Police Department must conform to all Sungurad OSSI use contract
requirements in place between the City of Largo and Sunguard OSSI.
9. The City of Largo Police Department reserves the right to disable this access at anytime with
or without notice.
10. Any dispute arising hereunder shall be submitted to the Largo Police Department's Office of
Professional Standards for final resolution.
IN WITNESS WHEREQF, the parties have caused these presents to be signed and attested by their
proper officials, pursuant to due and legal action authorizing the same to be done, the day and year first
written above.
�hi�f Anthony I��Iloway Chief John L. Carroll
City of Clearw�fer Police Department City of Largo Police Department
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FLQRIDA MEMORANDUM OF UNDERSTANDING
;,;:.;,:;;a;",;,;;;:;,,,:;E,,",:_". DRIVERS LICENSE ANDIOR MOTOR VEHICLE RECORD DATA EXCHANGE
Contract Number HSMV oa3s-os
7his Memorandum of Understanding (MOU) is made and entered into by and between Clearwater Police Denartment
hereinafter referred to as the Requesting Party and the Department of Highway
Safety and Motor Vehicles hereinafter referred to as the Providing Agency.
Pur ose of the Data Exchan e
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:
T e of Data Re uested Statuto Fees sub'ect ta chan e b the �e islature
❑ No Char e
� Driver license status ❑$0.50/record, er s. 320.05, F.S.
0 Motor vehicle status ❑$0.50/record, er s. 320.05, F.S.
❑ Driver license transcri t 3- ear 0$8.00/record, er s. 322.20, F.S.
0 Driv�r license transcri t 7- ear or cam lete I� $10.00/record, er s. 322.20, F.S.
� Cost recovery fee for TML, Inc.* ❑$0.02/record (rounded to nearest $D.01 daily prior
to electronic funds transfer. TML will determine fee on
an annual basis
❑ Motor vehicle list ❑$Q.01/record, er s. 320.05, F,S.
❑ Driver license list �$0.011record, er s. 322.20, F.S.
❑ Driver record search ❑$0.01/record or $2.�O/record if no record is found,
er s. 322.20, F.S.
❑ Motor vehicle record ❑$a.50/record, er s. 320.05, F.S.
❑ Residenc verification N/A
Gb DAVID criminal 'ustice use onl N/A
0 DAVE (government agencies only) N/A
❑ with Photos/Si natures
❑ Motor Vehicle Insurance Data N/A
Exchan eNerification
* 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 histary 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 Prptection Act.
C,� The Requesting Party is requesting personal information and declares that it is qualifi�d 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:
Law enforcement purposes
l� The Requesting Party is authorized to receive a,� 9-digit social security number _ a 4-digit social security
number, pursuant to Chapter 119, F.S., or other applicable laws.
C,� 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., ar 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.
Rec�ived by (Initial/Date)
Data Cxchange MOU (Rev. OS-10-2011) Pa�e 1 of 7
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A. "Driver's Privacy Protection AcY' (DPPA) --18 United States Gode section 2721 et seq.
B. "Providing Agency" -- 7he 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" -� 7he 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 rel�ased 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 Infarmation" — 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 informatian does not include information related to vehicular crashes, driving
violatians, 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 iYs associated fees. Misuse of a vendor number to
obtain information is strictly prahibited 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.
III. Legal Authoritv
The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor
vehicles pursuant to Chapters 319, 320, and 322, Florida 5tatutes; 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 recards may provide access by remote electranic 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 322.20, 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 sectian 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 pramised and mutual covenants hereinafter contained, do her�by enter into this
MOU.
Data �xchange MOU (Rev. OS-10-2011) Page 2 of 7
IV. Statement of Work
A. 7he 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 Ftequesting 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.
Q. Collect all fees, pursuant to applicable Florida Statutes, rules and policies for praviding 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. Cotlect all fees due for electronic requests through the Automated Clearing House account of the
banking institution which has been designated by the treasurer af the State of Flarida 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, ar 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
ar inaction of Network Providers.
7. Not indemnify or be liable to the Requesting I'arty/Network f'rovider for any driver license or motar
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 ta changing any fee schedules when
it is reasonable and necessary to do so, as determined by the Praviding 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 MOII as
modified or it may terminate the MOU in accordance with 5ectionlX„ 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 andlor 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:OOAM and10:�0AM.
11. Provide an agency contact person for assistance with the implementation of this MOU.
B. The Requesting Party agrees to:
1. �or the Requesting Party, driver license and/or motor vehicle, information may only be used for the
express purposes described herein. Infprmation obtained from the Providing Agency by the Requesting
Party shall not be retained by the Ftequesting Party, unless obtained f�r 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 telephane number of any Providing Agency employee without the
express written consent of the Praviding Agency. (This does not apply to Government Entities,]
Data Exchange MOU (Rev. OS-10-2011) 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 7hird 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. Insure that its employees and agents comply with Section V. Safeguarding Information procedures of this
MOII.
5. Not assign, sub-contract, or otherwise transfer its rights, duties, or qbligations under this MOU without
the express written consent and approval of the Providing Agency.
6. Use the information received from the Providing Agency only far the purposes authorized by this
agreement.
i. 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 parmissions upan t�rmination ar reassignment af users within 5 warking 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.
1D. For all records con#aining personal information released to a Third Party, maintain far 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 andlor 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 af receiving any infarmatian or using electranic means as follaws;
■ 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,�00 transactions per month for driver transcripts or 2,500
transactions for public records access program for motor vehicle/driver license status checks. A six-
month startup period will �e allow�d, 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 �xchange MOU (Rev. OS-10-2011) Page 4 of 7
V, Safequardinq 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 wham 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 misdemeanar of the first degree punishable
as provided in sections 119.10 and 775.083, Florida Statutes. In addition, any persan who knowingly discloses any
inforrnation in violation of DPPA may be subject to criminal sanctions and civil liability.
The Parties mutually agree to the fpllowing:
A. Infarmation exchanged will not be used for any purposes not specifically authorized by this agreement.
Unauthorized use includes, but is not limited to, qu�ries not related to a legitimate business purpose,
personal use, and the dissemination, sharing, 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 exchang�d will be protected in such a way that unauthorized persans 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.
�. 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 Requ�sting 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. Com liance and Control Measures
A. Internal Cantrol Attestation - This MOU is contingent upon the Requesting Party having appropriate
internal cantrols 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 accnrdance with American Institute of Certified Public Accountants (AIGPA) "Statements on
Standards for Attestation Engagem�nt." 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 b� provided by
the entity's internal auditor or inspectar general. The attestatian 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 requ�st. The Providing Agency may extend the time to submit the attestation upon
written request and for good cause shown by the Requesting Agency.
B. Misuse of Personal Information — The Requesting Party must immediately notify the Providing Agency and
the affected individual following the determination that personal information has been compromised by any
unauthorized access, distribution, use, modification, or disclosure. The statement to the Providing Agency
must provide the date and the number of records affected by any unauthorized access, distribution, use,
modification, or disclosure of personal infarmation. Further, as provided in section 817.5681, Florida
Statutes, the document must provide a statement advising if individuals whose persanal information has
been compromised have been notified and, if not, when they will be notified. The statement must include the
Data Exchange MOU (Rev. OS-10-2011) Page 5 of 7
corrective actions and the date these actions are completed by the Requesting Party. See Section Xfor
complete mailing address.
C. The Providing Agency shall receive an annual affrmation from the Requesting Party indicating compliance
with the requirements of this agreement no later than 45 days after the anniversary date of this agreement.
VII. Period of PerFormanc
This MOIJ shall be effective upon the last signature of the Parties to this agreement and will r�main in effect for three
years from the date of execution, as provided in Section X. Once executed, this MOU supersedes all previous
agreements for these conditions of services defined in Section I.
VII1. Amendments
A. 7his MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is
the full expression of their agreement.
B. This MOU may be subsequ�ntly amended by written agreement between the Parties. Any change,
alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by
written agreement executed by both Parties.
C. All provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as
specified in this MOU.
IX. Termination
A. This agreement may be terminat�d for cause by either party upon finding that the terms and conditions
contained herein are not being followed. No written notice or notifying period will be required.
B. 7his agreement is subject to unilateral cancellation by the Providing Agency without notice for failure of the
Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes,
including section 119.0712(2), Florida Statutes.
C. 7he Contract may be terminated upon thirty (30) days notice in writing to the Contract Manager without
penalty to either party. All obligations of either party under the contract will remain in force during the thirty
(30) day natice period.
Data Exchange MOU (Rev. OS-10-2011) Page 6 of 7
IN WITNESS HER�TO, the PARTIES hav� executed this Agreement by their duly authorized officials.
Requesting Party:
Clearwater Police Department
Company / Agency Name
645 Pierce Street
Street Address
Suite
Clearwater, Fl. 33756
City, � te Zip Code
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By:
Anthany Mollowa�
PrintedlTyped Name
Chief of Police
7itle
August 15, 2011
Date
anthonv.hollowav(a7,myclearwater.. �,or�-�
� E-Mail Address
727 562-4343
Phone Number
�a�-5b�-�t339
Fax Number
Technical Contact for FTP, Program Access
Vince Mohr
PrintedlTyped Name
vincent.mohr(a7myclearwater.com
E-Mail Address
727 562-4235
Phone Number
Ppint of contact for Web Application Access
Same as Technical Contact
Printedltyped Name
E-Mail Address
Phone Number
Providing Agency:
Florida Department of Highway Safety
and Motor Vehicles
2900 Apalachee Parkway
Taltahassee, Florida 32399
By:
Kevin Bailey
Printed/Typed Name
Chief of Purchasinq & Gontracts
Title
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