Loading...
MEMORANDUM OF UNDERSTANDING FOR GOVERNMENTAL ENTITY ACCESS TO DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID)AUK* 4614W-Wiftge WAX teNag MEMORANDUM OF UNDERSTANDING FOR GOVERNMENTAL ENTITY ACCESS TO DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID) Contract Number HSMV. This Memorandum of Understanding (MOU) is made and entered into by and between City of Clearwater Parking System , hereinafter referred to as the Requesting Party, and the Florida Department of Highway Safety and Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to as the Parties. L purpose The Providing Agency is a government entity whose primary duties include issuance of motor vehicle and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic, travel, and public safety upon Florida's public highways. In carrying out its statutorily mandated duties and responsibilities, the Providing Agency collects and maintains personal information that identifies individuals. This information is stored in the Department's Driver and Vehicle Information Database system, commonly referred to as 'DAVID." Based upon the nature of this intonation, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721, the Driver's Privacy Protection Act (hereinafter "DPPA"), Section 119.0712(2), Florida Statutes, and other statutory provisions. The Requesting Party is a government entity operating under the laws and authority of the state of Florida and/or operating under Federal laws. As a government entity, the Requesting Party may receive personal information from DAVID under the government agency exception provided in DPPA as indicated in Attachment I. The Requesting Party utilizes DAVID information for the purposes of carrying out its statutorily mandated duties and functions. This MOU is entered into for the purpose of establishing the conditions and limitations under which the Providing Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of the data by Requesting Party shall only be for a lawful purpose. 11. Definitions, For the purposes of this Agreement, the below-listed terms shall have the following meanings: A DAVID The Providing Agency's Driver and Vehicle Information Database system that accesses and transmits driver and vehicle information. Driver License Information — Driver license and identification card data collected and maintained by the Providing Agency. This information includes personal information as defined below. C. Emergency Contact Information (ECI) — Information contained in a motor vehicle record listing individuals to be contacted in the event of an emergency. Emergency contact information may be released to law enforcement agencies through the DAVID system for purposes of contacting those listed in the event of an emergency, as noted in Section 119.0712 (2)(c), Florida Statutes. D. Driver Privacy Protection Act (DPPA) — The Federal Act (see, 18 United States Code § 2721, et seq ) that prohibits release and use of personal information except as otherwise specifically permitted within the Act. Page 1 of 9 DAVID (Government Entity) Data Exchange MOD (Rev, 11-2016) E. Government Entity — Any non-law enforcement agency of the state, city or county government and all Federal agencies, which may include Federal law enforcement agencies. F. Insurance Record — Insurance information, such as Insurance Company name, policy type, policy status, insurance creation and expiration date provided to the Requesting Party, pursuant to Section 324.242(2), Florida Statutes. G. Parties - The Providing Agency and the Requesting Party. H. Personal Information -- As described in Chapter 119, Florida Statutes, and information found in the motor vehicle record which includes, but is not 101 ited to the subject's driver identification number, name, address, telephone number, social security number, medical or disability information, and emergency contact information. Point-of-Contact (POC) - A person(s) appointed by the Requesting Party as the administrator of the DAVID program in their agency. J. Providing Agency - The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency is responsible for granting access to DAVID information to the Requesting Party K. Quarterly Quality Control Review Report — Report completed each quarter by the POC to monitor compliance with this agreement. The following must be included in the Quarterly Quality Control Review Report: 1. A comparison of the DAVID users by agency report with the agency user list, 2. A listing of any new or inactivated users since the last quarterly quality control review; and 3. Documentation verifying that usage has been internally monitored to ensure proper, authorized use and dissemination. L. Requesting Party - Any Government entity that is expressly authorized by Florida Statutes and DPPA to receive personal information contained in a motor vehicle record maintained by the Providing Agency. M. Vehicle Information — Title and registration data collected and maintained by the Providing Agency for vehicles. 111. Legal Authority The Providing Agency maintains computer databases containing information pertaining to driver's licenses and vehicles pursuant to Chapters 317, 319, 320, 322, 328, and Section 324.242(2) Florida Statutes. The driver license and motor vehicle data contained in the Providing Agency's databases is defined as public record pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted by law. As the custodian of the state's driver and vehicle records, the Providing Agency is required to provide access to records permitted to be disclosed by law, and may do so by remote electronic means, pursuant to Sections 119.0712(2), 320.05, 32123, 32220, and 324.242(2), Florida Statutes, and applicable rules. Under this MOU, the Requesting Party will be provided, via remote electronic means, information pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant to Section 119.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party Page 2 of 9 DAVID (Govemment Entity) Data Exchange MOU (Rev. 11-2016) agrees to maintain the confidential and exempt status of any and all information provided by the Providing Agency pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall do so in compliance with Section 119.0712(2), Florida Statutes and DPPA. In addition, the Requesting Party agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes. This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from this MOU shall be in Leon County, Florida, IV. 5taterpent of Wo A. The Providing Agency agrees to: 1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement. 2. Provide electronic access pursuant to established rotes and times, which shall be uninterrupted except fo r p e no d s of scheduled maintenance or due to a disruption beyond the Providing Agency's control, or in the event of breach of this MOU by the Requesting Party, Scheduled m aintenance will norm ally occur Sunday mornings between the hours of 6:00 A.M. and 10:00 AM. 3 Provide an agency contact person for assistance with the implementation and administration of this MOU. B. The Requesting Party agrees to: 1. Uti 1 ze information obtained pursuant to this MOU, including Emergency Contact Information (ECI), only as authorized by law and for the purposes prescribed by law and as further described in this MOU. In the case of ECI, such information shall only be used for the purposes of notifying a person's registered em ergenc y contact in the event of a serious injur y, death, or other incapacitation. ECI shall not be released or utilized for an y other purpose, including developing leads or for criminal investigative purposes, 2, Retain information obtained from the Providing Agency only if necessary for law enforcem ent purposes. If retained, information shall be safeguarded in compliance with Section V, Safeguarding Information. subsection C 3. Ensure that its employees and agents comply with Section V Safeguarding Information. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or obligations under this MOU, without the prior written consent of the Providing Agency. 5. Not share, provide, or release any DAVID information to any law enforcement, tattler governmental agency, person, or entity not a party or otherwise subject to the terms and conditions of this MOU. 6. Protect and maintain the confidentiality and security of the data received from the Providing Agency in accordance with this MOU and applicable state and federal law. 7. 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 Partys negligent, improper, or unauthorized access, use or dissemination of information provided by the Providing Agency to the extent allowed by law. 8. Immediately inactivate user access/permissions following termination or the determination of Page 3 of 9 DAVID (Government Entity) Data Exchange. MOU (Rev. 11-2016) negligent, improper, or unauthorized use or dissemination of information. Update user access/permissions upon reassignment of users within five (5) business work days. 9. Complete and maintain Quarterly Quality Control Review Reports as defined in Section II. Definitions, K, and utilizing the form attached as Attachment II. 10. Update any changes to the name of the Requesting Party, its Agency head, its POC, address, telephone number andior e-mail address in the DAVID system within ten calendar days of occurrence. The Requesting Party is hereby put on notice that failure to timely update this information may adversely affect the time frames for receipt of information from the Providing Agency. 11. Immediately comply with any restriction, limitation, or condition enacted by the Florida Legislature following the date of signature of this MOU, affecting any of the provisions herein stated. The Requesting Party understands and agrees that it is obligated to comply with the applicable !provisions of law regarding the subject matter of this Agreement at all times that it is receiving, accessing, or utilizing DAVID information. 12. Timely submit the Attestation and Certification statements as required in Section VI. Compliance and Control Measures, subsections 8 and C. 13. For Federal Agencies Only. The Requesting Party agrees to promptly consider and adjudicate any and all claims that may arise out of this MOU resulting from the actions of the Requesting Party, duly authorized representatives, or contractors of the Requesting Party, and to pay for any damage or injury as may be required by Federal law, Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq., or such other Federal legal authority as may be pertinent. V. Safeauardlng Information The Parties shall access, disseminate, use and maintain all information received under this Agreernent in a manner that ensures its confidentiality and proper utilization 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 willfully and 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 MOU. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, or the dissemination, sharing, copying, or passing of this information to unauthorized persons. B. The Requesting Party shall not indemnify and shall not be liable to the Providing Agency for any driver license or motor vehicle information lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as otherwise provided in Section 768.28, Florida Statutes, C. Any and all DAVID-related information provided to the Requesting Party as a resuit of this MOU, Page 4 of 9 DAVID (Government Entity) Data Exchange MOU (Rev. 11- 016) particularly data from the DAVID system, will be stored in a place physically secure from access by unauthorized persons. D. The Requesting Party shall comply with Rule 71A-1.005, Florida Administrative Code, and with Providing Agency s security policies, and employ adequate security measures to protect Providing Agency's information, applications, data, resources, and services. The applicable Providing Agency's security policies shall be made available to Requesting Party. E. When printed information from DAVID is no longer needed, it shall be destroyed by cross-cut shredding or incineration. F. The Requesting Party shall maintain a list of all persons authorized within the agency to access DAVID information, which must be provided to the providing agency upon request. G. Access to DAVID-related information, particularly data from the DAVID System, will be protected in such a way that unauthorized persons cannot view, retrieve, or print the information. H. Under this MOU agreement, access to DAVID shall be provided to users who are direct employees of the Requesting Party and shall not be provided to any non-employee or contractors of the Requesting Party I. By signing this MOU, the Parties, through their signatories, affin-n and agree to maintain the confidentiality of the information exchanged through this Agreement. Vt. Complianceand Control Measures A. Quarterly Quality Control Review Report — Must be completed, utilizing Attachment II, Quarterly Quality Control Review Report, within 10 days after the end of each quarter and maintained for two years, B. Internal Control Attestation — This MOU is contingent upon the Requesting Party having appropriate internal controls in place at all times that data is being provided/received pursuant to this MOU to ensure that the data is protected from unauthorized access, distribution, use, modification, or disclosure. The Requesting Party must submit an Attestation Statement from their Agency's Internal Auditor, Inspector General, Risk Management IT Security Professional, or a currently licensed Certified Public Accountant, on or before the third and sixth anniversary of the agreement or within 180 days from receipt of an Attestation review request from the Providing Agency. The Attestation Statement shall 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 Statement shall also certify that any and all deficiencies/issues found during the review have been corrected and measures enacted to prevent recurrence. The Providing Agency may extend the time for submission of the Attestation Statement upon written request by the Requesting Party for good cause shown by the Requesting Party. The Attestation Statement must have an original signature of the Agency Head or person designated by Letter of Delegation to execute contracts/agreements on their behalf, and may be sent via U.S. Mail, facsimile transmission, or e-maileci to the Providing Agency's Bureau of Records at the following address: Department of Highway Safety and Motor Vehicles Bureau of Records 2900 Apalachee Parkway, MS 89 Tallahassee, Florida 32399-0500 Fax; (850) 617-5168 Page 5 of 9 DAVID (Government Entity) Oata Exchange MOU (Rev. 11-2016) E-mail: DatalistinqUnitafihsrn v.gov C. Annual Certification Statement • The Requesting Party shall submit to the Providing Agency an annual statement indicating that the Requesting Party has evaluated and certifies that it has adequate controls in place to protect the personal data from unauthorized access, distribution, use, modification, or disclosure, and is in full compliance with the requirements of this MOU. The Requesting Party shall submit this statement annually, within 45 days after the anniversary date of this MOU. (NOTE During any year in which an Attestation Statement is provided, submission of the Internal Control Attestation will satisfy the requirement to submit an Annual Certification Statement.) Failure to bmely submit a certification statement may result in an immediate review request and, based upon the findings of the review, suspension or term ination of Requesting Party's access to DAVID information as indicated in subsection B.. above. In addition, prior to expiration of this MOU, if the Requesting Party intends to enter into a new MOU, a certification statement attesting that appropriate controls remained in place during the final year of the MOU and are currently in place shall be required to be submitted to the Providing Agency prior to issuance of a new MOU. D. Misuse of Personal Information — The Requesting Party must notify the Providing Agency in writing of any incident where determination is made that personal information has been compromised as a result of unauthorized access, distribution, use, modification, or disclosure, by any means, within 30 days of such determination, The statement must be provided on the Requesting Agency's letterhead and include each of the following: a brief summary of the incident; the outcome of the review; the date of the occurrence(s), the number of records compromised; the name or names of personnel responsible; whether disciplinary action or termination was rendered; and whether or not the owners of the compromised records were notified. The statement shall also indicate the steps taken, or to be taken, by the Requesting Agency to ensure that misuse of DAVID data does not continue. This statement shall be mailed to the Bureau Chief of Records at the address indicated in VI,B., above. (NOTE: If an incident involving breach of personal information did occur and Requesting Party did not notify the owner(s) of the compromised records, the Requesting Party must indicate why notice was not provided, for example "Notice not statutorily required".) In addition, the Requesting Party shall comply with the applicable provisions of Section 501,171, Florida Statutes, regarding data security and security breaches, and shall strictly comply with the provisions regarding notice provided therein, VII. Agreement Term This MOU shall take effect upon the date of last signature by the Parties and shall remain in effect for six (6) years from this date unless sooner terminated or cancelled in accordance with Section IX, Termination. Once executed, this MOU supersedes ail previous agreements between the parties regarding the same subject matter. VIII. Amendments This MOU incorporates all negotiations, interpretations, and understandings between the Parties regarding the same subject matter, and serves as the full and final expression of their agreement This MOU may be amended by written agreement executed by and between both Parties. Any change, alteration, deletion, or addition to the terms set forth in this MOU, including to any of its attachments, must be by written agreement executed by the Parties in the same manner as this MOU was initially executed. If there are any conflicts in the amendments to this MOU, the last-executed amendment shall prevail All Page 6 of 9 DAVID (Government Entity) Oata Exchange MOU (Rev. 11-2016) 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 MOU may be unilaterally terminated for cause by either party upon finding that the terms and conditions contained herein have been breached by the other party. Written notice of termination shall be provided to the breaching party; however, prior-written notice is not required and notice may be provided upon cessation of work under the agreement by the non-breaching party. B. In addition, this MOU is subject to unilateral termination by the Providing Agency without notice to the Requesting Party for failure of the Requesting Party to comply with any of the requirements of this MOU, or with any applicable state or federal laws, rules, or regulations, including Section 119 0712(2), Florida Statutes. C. This MOU may also be cancelled by either party, without penalty, upon 30 days' advanced written notice to the other party. All obligations of either party under the MOU will remain in full force and effect during the thirty (30) day notice period. X. Notice% Any notices required to be provided under this MOU may be sent via U.S. Mail, facsimile transmission, or e-mail to the following individuals: For the Providing Agency: Chief, Bureau of Records 2900 Apalachee Parkway Tallahassee, Florida 32399 Fax (850) 617-5168 E-mail: DataListinqUnitMlismv.qov For the Requesting Party: Agency Point-of-Contact listed on the signature page. XI. Additional Database Access/Subsequent MOU's The Parties understand and acknowledge that this MOU entitles the Requesting Party to specific information included within the scope of this agreement. Should the Requesting Party wish to obtain access to other personal infonrtation not provided hereunder, the Requesting Party will be required to execute a subsequent MOU with the Providing Agency specific to the additional information requested. All M0U's granting access to personal information will contain the same clauses as are contained herein regarding audits, report submission, and the submission of Certification and Attestation statements. The Providing Agency is mindful of the costs that would be incurred if the Requesting Party was required to undergo multiple audits and to submit separate certifications, attestations, and reports for each executed MOU. Accordingly. should the Requesting Party execute any subsequent MOU with the Providing Agency for access to personal information while the instant MOU remains in effect, the Requesting Party may submit a written request, subject to Providing Agency approval, to submit one of each of the following covering all executed MOU s. Quarterly Quality Control Review Report; Certification; and Attestation; and/or to have conducted one comprehensive audit addressing internal controls for all executed MOIJ's. The Providing Agency shall have the sole discretion to approve or deny such request in whole or in part or to subsequently rescind an Page 7 of 9 DAVID (Gavernn,ent Entity) Data Exchange MOU (Rev. 11-2016) approved request based upon the Requesting Party's compliance with this MOU and /or any negative audit findings. XII. Application of Public Records Law The Requesting Party agrees to comply with the following requirements of Florida's public records laws; Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3, Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Requesting Party or keep and maintain public records required by the public agency to perform the service. if the Requesting Party transfers all public records to the Department upon completion of the contract, the Requesting Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, If the Requesting Party keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 617 -3101, OGCFiling Ihsrmv.gov, PUBLIC RECORDS COORDINATOR, OFFICE OF GENERAL COUNSEL, 2900 APALACHEE PARKWAY, ROOM A432, MS 02, TALLAHASSEE, FL 32399 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page DAVID (Goverment Entity) Data Exchange M{7IJ {Rev. 11 -2016) IN WITNESS HEREOF, the Parties hereto, have executed this Agreement by their duly authorized officials on the date(s) indicated below. BY: REQUESTING PARTY: CITY OF CLEARWATER, FLORIDA, A municipal corporation and political subdivision of the State of Florida City of Clearwater Parking System Agency Name 100 S. Myrtle Ave, Suite 220 Address Clearwater, Florida 33756 Signature of Authorized Official Hunter Hughes Printed/Typed Name Parking Manager Title Date Hunter.Hughesmyclearwater.com Official Agency Email 727-562-4774 Phone Number Agency Point-of-Contact: Sue Tel lier Printed/Typed Name Sue.Telliermyclearwater.com Official Agenc all amilo A. Soto Assistant City Attorney Page 9 of 9 DAVID (Government Entity) Data Exchange MOU (Rev. 11-2016) PROVIDINGAGENCY: Florida Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway Tallahassee, Florida 32399 BY: Signature of Authorized Official Lisa M, Bassett Printed/Typed Name Chief, Bureau of Purchasing and Contracts Title Date Attest: Rosemarie Call City Clerk DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 En FLORIDPA Florida Department of Highway Safety and Motor Vehicles n---------- HIGHWAY SAFETY AND MOTOR MAICLES Contract/Agreement Review DHSMV Contract No.: Hsmv-0184-18 Division: Motorist Services Date: 10/20/2017 Contractor Name: City of Clearwater Parking System Contract Summary: Previous MOU HSMV 0140-15 Please terminate HSMV 0140-15 Total Cost/Revenue: 0.0 or No Cost ❑x Term: six years Contract Manager: Patrick Lineberry Phone: 850-617-2805 ® New Agreement ❑ New Contract(Procurement) Procurement Method: ❑ITB ❑RFP ❑ITN ❑RFQ ❑Single Source ❑Informal Quote ❑Exempt per , Florida Statutes ❑x Not Required ❑ Renewal ❑ Amendment ❑ Settlement Agreement ❑ New/Revised Template Approvals Comments Division Director(s) oo.„Sig...d by: SignaturEOA2EF6A4TA8E4B6 a�tvf tadrt.�. Date?0/20/20)_7 _.. Signature: Date: Budget Signature: Date: ;]If checked,budgetary review/approval is not required as funds are not expended under this Contract/Agreement. Accounting Signature: Date: [3t If checked,accounting review/approval is not required as funds are not received or obligated under this Contract/Agreement Information Services Signature: Date: [2f If checked,ISA review/approval is not required as this Contract/Agreement does not impact informations stems. Legal Signature: Date: [2f If checked,legal review/approval is not required as the document is a previously-approved boilerplate Purchasing & Contracts D—Sig—d 6y: Signature � m Date.10/20/2017 1 Administrative Services ❑ S'qn,db Signatur,: S(Aff Date: 10/24/2017 Deputy Executive Director Signature: Date: IN If checked,review/approval by Deputy Executive Director is not required as the Contract/Agreement. Chief of Staff/ Executive Director �Dm.Signteld by Signature: JA+ t!�t� m&I Date:10/25/2017 99149OB7AA52486... HSMV 95020 (05/2015) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 Memorandum of Understanding(MOU)—Item check list Agency Name: City of Clearwater Parking System Documentation of current licensure or certification from resident state of corporation ❑ Reviewed copy of requestor's business license. ❑ In state corporation status obtained from www.sunbiz.org. Or ❑ Out of State Corporation licensure or certification submitted by requestor (attached). ❑ Reviewed requestor's website at comparing DPPA exemption claimed to the business needs or services provided to third parties. ❑ If vendor is acting on behalf of a government agency, a letter of authority is attached. ❑x This is a government/law enforcement agency. Memorandum of Understanding ® Current forms have been provided. ® Requestor has provided appropriate signatures. x❑ Letter of delegation is required if signed by other than authorized official. Form 90615 (DPPA) ® Current version of form has been provided. Debit Authorization Form ❑ Account/Routing number is provided. ❑ An appropriate signature is provided. ❑ Copy of form provided to Revenue. x❑ N/A 0V22B"E'TfVhite Docuftned by:Reviewed b ��' WZ. Date: 10/20/2017 Bureau of Records DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 � " MEMORANDUM OF UNDERSTANDING FOR GOVERNMENTAL ENTITY ACCESS T DRIVER AND VEHICLE INFORMATIONT I Contract Number _ HSMV-0184-18 This Memorandum of Understanding (MOO) is made and entered into by and between Citi of Dlea at Parkin_F1 y stem hereinafter referred -.._. e. to as the Requesting Party, and the Florida Department of Highway Safety and Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to as the Parties. I. The Providing Agency is a government entity whose primary duties Include issuance of motor vehicle and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic, travel, :and public safety upon Florida's public highways. In carrying out its statutorfily mandated duties and responsibilities, the Providing Agency collects and maintains personal information that identifies individuals. This information is stored in the Department's Driver and Vehicle Information Database system, commonly referred to as '`DAVID," used upon the nature of this information, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721, the Driver's Privacy Protection Act (hereinafter "DPPA'), Section 119.0712(2), Florida Statutes, and other statutory provisions. The Requesting Party is a government entity operating under the laves and authority of the state of Florida and/or, operating under Federal laws. As a government entity, the Requesting Party may receive personal information from DAVID under the government agency exception provided in DPPA as indicated in Attachment I, The Requesting Party utilizes DAVID information for the purposes of carrying out its statutorlly mandated duties and functions. This MOD is entered into for the purpose of establishing the conditions and limitations udder which the Pro0di g Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of the data by Requesting Party shall only be for a lawful purpose. II, 22aciu= For the purposes of this Agreement, the eiow-listed terms shall have the following meanings: A. DAVID - The 'Providing Agencys Driver and Vehicle Information Database system that accesses and transmits driver and vehicle information. B. Driver License Information -- Drives license and identification card data collected and maintained by the Providing Agency. This information includes personal information as defined below. C. Emergency Contact Information (PCI) -- Information contained in a motor vehicle record listing Individuals to be contacted in the event of an emergency, Emergency contact Information may be released to law enforcement agencies through the DAVID system for purposes of contacting those listed in the event of an emergency, as noted in Section 119.0712 (2)(c), Florida Statutes. D. Driver Privacy Protection Act (DPPA) - The Federal Act (see, 'IS United States Code § 2721 , et seq.) that prohibits release and use of personal in ormati n except as otherwise specifically permitted within the Act, Page 1 of 9 DAVID(Govermnent Entity)Data Exchange MOU(Rev.11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 E. Government Entity — Any non-law enforcement agency of the state, city or county government and all Federal agencies,which may include Federal law enforcement agencies. F. Insurance Record — Insurance information, such as Insurance Company name, policy type, policy status, insurance creation and expiration date provided to the Requesting Party, pursuant to Section 324.242(2), Florida Statutes. G. Parties-The Providing Agency and the Requesting Party. H. Personal Information — As described in Chapter 119, Florida Statutes, and information found in the motor vehicle record which includes, but is not limited to, the subject's driver identification number, name, address, telephone number, social security number, medical or disability information, and emergency contact information. I. Point-of-Contact (POC) -A person(s) appointed by the Requesting Party as the administrator of the DAVID program in their agency. J. Providing Agency- The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency is responsible for granting access to DAVID information to the Requesting Party. K. Quarterly Quality Control Review Report — Report completed each quarter by the POC to monitor compliance with this agreement. The following must be included in the Quarterly Quality Control Review Report: 1. A comparison of the DAVID users by agency report with the agency user list; 2. A listing of any new or inactivated users since the last quarterly quality control review; and 3. Documentation verifying that usage has been internally monitored to ensure proper, authorized use and dissemination. L. Requesting Party - Any Government entity that is expressly authorized by Florida Statutes and DPPA to receive personal information contained in a motor vehicle record maintained by the Providing Agency. M. Vehicle Information — Title and registration data collected and maintained by the Providing Agency for vehicles. III. Leaal Authority The Providing Agency maintains computer databases containing information pertaining to driver's licenses and vehicles pursuant to Chapters 317, 319, 320, 322, 328, and Section 324.242(2) Florida Statutes. The driver license and motor vehicle data contained in the Providing Agency's databases is defined as public record pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted by law. As the custodian of the state's driver and vehicle records, the Providing Agency is required to provide access to records permitted to be disclosed by law, and may do so by remote electronic means, pursuant to Sections 119.0712(2), 320.05, 321.23, 322.20, and 324.242(2), Florida Statutes, and applicable rules. Under this MOU, the Requesting Party will be provided, via remote electronic means, information pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant to Section 119.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party Page 2 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 agrees to maintain the confidential and exempt status of any and all information provided by the Providing Agency pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall do so in compliance with Section 119.0712(2), Florida Statutes and DPPA. In addition, the Requesting Party agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes. This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from this MOU shall be in Leon County, Florida. IV. Statement of Work: A. The Providing Agency agrees to: 1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement. 2. Provide electronic access pursuant to established roles and times, which shall be uninterrupted except for periods of scheduled maintenance or due to a disruption beyond the Providing Agency's control, or in the event of breach of this MOU by the Requesting Party. Scheduled maintenance will normally occur Sunday mornings between the hours of 6:00 A.M. and 10:00 A.M. 3. Provide an agency contact person for assistance with the implementation and administration of this MOU. B. The Requesting Party agrees to: 1. Utilize information obtained pursuant to this MOU, including Emergency Contact Information (ECI), only as authorized by law and for the purposes prescribed by law and as further described in this MOU. In the case of ECI, such information shall only be used for the purposes of notifying a person's registered emergency contact in the event of a serious injury, death, or other incapacitation. ECI shall not be released or utilized for any other purpose, including developing leads or for criminal investigative purposes. 2. Retain information obtained from the Providing Agency only if necessary for law enforcement purposes. If retained, information shall be safeguarded in compliance with Section V. Safeguarding Information, subsection C. 3. Ensure that its employees and agents comply with Section V. Safeguarding Information. 4. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or obligations under this MOU, without the prior written consent of the Providing Agency. 5. Not share, provide, or release any DAVID information to any law enforcement, other governmental agency, person, or entity not a party or otherwise subject to the terms and conditions of this MOU. 6. Protect and maintain the confidentiality and security of the data received from the Providing Agency in accordance with this MOU and applicable state and federal law. 7. 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 Partys negligent, improper, or unauthorized access, use, or dissemination of information provided by the Providing Agency,to the extent allowed by law. 8. Immediately inactivate user access/permissions following termination or the determination of Page 3of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 negligent, improper, or unauthorized use or dissemination of information. Update user access/permissions upon reassignment of users within five (5) business work days. 9. Complete and maintain Quarterly Quality Control Review Reports as defined in Section II. Definitions, K, and utilizing the form attached as Attachment II. 10. Update any changes to the name of the Requesting Party, its Agency head, its POC, address, telephone number and/or e-mail address in the DAVID system within ten calendar days of occurrence. The Requesting Party is hereby put on notice that failure to timely update this information may adversely affect the time frames for receipt of information from the Providing Agency. 11. Immediately comply with any restriction, limitation, or condition enacted by the Florida Legislature following the date of signature of this MOU, affecting any of the provisions herein stated. The Requesting Party understands and agrees that it is obligated to comply with the applicable provisions of law regarding the subject matter of this Agreement at all times that it is receiving, accessing, or utilizing DAVID information. 12. Timely submit the Attestation and Certification statements as required in Section VI. Compliance and Control Measures, subsections B and C. 13. For Federal Agencies Only: The Requesting Party agrees to promptly consider and adjudicate any and all claims that may arise out of this MOU resulting from the actions of the Requesting Party, duly authorized representatives, or contractors of the Requesting Party, and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq., or such other Federal legal authority as may be pertinent. V. Safeauardina Information The Parties shall access, disseminate, use and maintain all information received under this Agreement in a manner that ensures its confidentiality and proper utilization 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 willfully and 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 MOU. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, or the dissemination, sharing, copying, or passing of this information to unauthorized persons. B. The Requesting Party shall not indemnify and shall not be liable to the Providing Agency for any driver license or motor vehicle information lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as otherwise provided in Section 768.28, Florida Statutes. C. Any and all DAVID-related information provided to the Requesting Party as a result of this MOU, Page 4of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 particularly data from the DAVID system, will be stored in a place physically secure from access by unauthorized persons. D. The Requesting Party shall comply with Rule 74-2, Florida Administrative Code, and with Providing Agency's security policies, and employ adequate security measures to protect Providing Agency's information, applications, data, resources, and services. The applicable Providing Agency's security policies shall be made available to Requesting Party. E. When printed information from DAVID is no longer needed, it shall be destroyed by cross-cut shredding or incineration. F. The Requesting Party shall maintain a list of all persons authorized within the agency to access DAVID information, which must be provided to the providing agency upon request. G. Access to DAVID-related information, particularly data from the DAVID System, will be protected in such a way that unauthorized persons cannot view, retrieve, or print the information. H. Under this MOU agreement, access to DAVID shall be provided to users who are direct employees of the Requesting Party and shall not be provided to any non-employee or contractors of the Requesting Party. I. By signing this MOU, the Parties, through their signatories, affirm and agree to maintain the confidentiality of the information exchanged through this Agreement. VI. Comoliance and Control Measures A. Quarterly Quality Control Review Report — Must be completed, utilizing Attachment II, Quarterly Quality Control Review Report, within 10 days after the end of each quarter and maintained for two years. B. Internal Control Attestation —This MOU is contingent upon the Requesting Party having appropriate internal controls in place at all times that data is being provided/received pursuant to this MOU to ensure that the data is protected from unauthorized access, distribution, use, modification, or disclosure. The Requesting Party must submit an Attestation Statement from their Agency's Internal Auditor, Inspector General, Risk Management IT Security Professional, or a currently licensed Certified Public Accountant, on or before the third and sixth anniversary of the agreement or within 180 days from receipt of an Attestation review request from the Providing Agency. The Attestation Statement shall 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 Statement shall also certify that any and all deficiencies/issues found during the review have been corrected and measures enacted to prevent recurrence. The Providing Agency may extend the time for submission of the Attestation Statement upon written request by the Requesting Party for good cause shown by the Requesting Party. The Attestation Statement must have an original signature of the Agency Head or person designated by Letter of Delegation to execute contracts/agreements on their behalf, and may be sent via U.S. Mail, facsimile transmission, or e-mailed to the Providing Agency's Bureau of Records at the following address: Department of Highway Safety and Motor Vehicles Bureau of Records 2900 Apalachee Parkway, MS 89 Tallahassee, Florida 32399-0500 Fax: (850) 617-5168 Page 5of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 E-mail: DataListingUnitaflhsmv.gov C. Annual Certification Statement - The Requesting Party shall submit to the Providing Agency an annual statement indicating that the Requesting Party has evaluated and certifies that it has adequate controls in place to protect the personal data from unauthorized access, distribution, use, modification, or disclosure, and is in full compliance with the requirements of this MOU. The Requesting Party shall submit this statement annually, within 45 days after the anniversary date of this MOU. (NOTE: During any year in which an Attestation Statement is provided, submission of the Internal Control Attestation will satisfy the requirement to submit an Annual Certification Statement.) Failure to timely submit a certification statement may result in an immediate review request and, based upon the findings of the review, suspension or termination of Requesting Partys access to DAVID information as indicated in subsection B., above. In addition, prior to expiration of this MOU, if the Requesting Party intends to enter into a new MOU, a certification statement attesting that appropriate controls remained in place during the final year of the MOU and are currently in place shall be required to be submitted to the Providing Agency prior to issuance of a new MOU. D. Misuse of Personal Information — The Requesting Party must notify the Providing Agency in writing of any incident where determination is made that personal information has been compromised as a result of unauthorized access, distribution, use, modification, or disclosure, by any means, within 30 days of such determination. The statement must be provided on the Requesting Agency's letterhead and include each of the following: a brief summary of the incident; the outcome of the review; the date of the occurrence(s); the number of records compromised; the name or names of personnel responsible; whether disciplinary action or termination was rendered; and whether or not the owners of the compromised records were notified. The statement shall also indicate the steps taken, or to be taken, by the Requesting Agency to ensure that misuse of DAVID data does not continue. This statement shall be mailed to the Bureau Chief of Records at the address indicated in VI.B., above. (NOTE: If an incident involving breach of personal information did occur and Requesting Party did not notify the owner(s) of the compromised records, the Requesting Party must indicate why notice was not provided, for example "Notice not statutorily required".) In addition, the Requesting Party shall comply with the applicable provisions of Section 501.171, Florida Statutes, regarding data security and security breaches, and shall strictly comply with the provisions regarding notice provided therein. VII. Aareement Term This MOU shall take effect upon the date of last signature by the Parties and shall remain in effect for six (6) years from this date unless sooner terminated or cancelled in accordance with Section IX, Termination. Once executed, this MOU supersedes all previous agreements between the parties regarding the same subject matter. VIII. Amendments This MOU incorporates all negotiations, interpretations, and understandings between the Parties regarding the same subject matter, and serves as the full and final expression of their agreement. This MOU may be amended by written agreement executed by and between both Parties. Any change, alteration, deletion, or addition to the terms set forth in this MOU, including to any of its attachments, must be by written agreement executed by the Parties in the same manner as this MOU was initially executed. If there are any conflicts in the amendments to this MOU, the last-executed amendment shall prevail. All Page 6of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 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 MOU may be unilaterally terminated for cause by either party upon finding that the terms and conditions contained herein have been breached by the other party. Written notice of termination shall be provided to the breaching party; however, prior-written notice is not required and notice may be provided upon cessation of work under the agreement by the non-breaching party. B. In addition, this MOU is subject to unilateral termination by the Providing Agency without notice to the Requesting Party for failure of the Requesting Party to comply with any of the requirements of this MOU, orwith any applicable state or federal laws, rules, or regulations, including Section 119.0712(2), Florida Statutes. C. This MOU may also be cancelled by either party, without penalty, upon 30 days' advanced written notice to the other party. All obligations of either party under the MOU will remain in full force and effect during the thirty(30) day notice period. X. Notices Any notices required to be provided under this MOU may be sent via U.S. Mail, facsimile transmission, or e-mail to the following individuals: For the Providing Agency: Chief, Bureau of Records 2900 Apalachee Parkway Tallahassee, Florida 32399 Fax: (850) 617-5168 E-mail:DataListingUnit(c_flhsmv.gov For the Requesting Party: Agency Point-of-Contact listed on the signature page. XI. Additional Database Access/Subseauent MOD's The Parties understand and acknowledge that this MOU entitles the Requesting Party to specific information included within the scope of this agreement. Should the Requesting Party wish to obtain access to other personal information not provided hereunder, the Requesting Party will be required to execute a subsequent MOU with the Providing Agency specific to the additional information requested. All MOU's granting access to personal information will contain the same clauses as are contained herein regarding audits, report submission, and the submission of Certification and Attestation statements. The Providing Agency is mindful of the costs that would be incurred if the Requesting Party was required to undergo multiple audits and to submit separate certifications, attestations, and reports for each executed MOU. Accordingly, should the Requesting Party execute any subsequent MOU with the Providing Agency for access to personal information while the instant MOU remains in effect, the Requesting Party may submit a written request, subject to Providing Agency approval, to submit one of each of the following covering all executed MOU's: Quarterly Quality Control Review Report; Certification; and Attestation; and/or to have conducted one comprehensive audit addressing internal controls for all executed MOU's. The Providing Agency shall have the sole discretion to approve or deny such request in whole or in part or to subsequently rescind an Page 7of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 approved request based upon the Requesting Party's compliance with this MOU and/or any negative audit findings. XII. Application of Public Records Law The Requesting Party agrees to comply with the following requirements of Florida's public records laws: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Requesting Party or keep and maintain public records required by the public agency to perform the service. If the Requesting Party transfers all public records to the Department upon completion of the contract, the Requesting Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Requesting Party keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 617-3101, ili I PUBLIC RECORDS COORDINATOR, OFFICE OF GENERAL COUNSEL, 2900 APALACHEE PARKWAY, ROOM A432, MS 02, TALLAHASSEE, FL 32399 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8of9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 IN WITME-W HEREOF, the, Parties hereto, have executed thisthei Agreemeni bv r du)y authOlized Off icials on J'he date(s��iridicated be!", . . i REQUESTING PARTY: PROVDINGAGENCY� 01"Y 0 F CL EAR414 R F LrDo-?�DA FOnda D"e'na-'men"C"Hign"Va"y' �ety-arld, W—Or A rnjnici'Liai corporaion an.-j vehic�e-s poiffical sued "Sloeo'Ohe tPte. ,-,f F.1,Dr1da 290"0' Atalacriee TaHahassee, Fionda 3'23499 Age,,-,,,cy Narne 100 & M rfle Ave Suite #;x0 A dress Oearw tey. Horida 33756 .............. k y Do S d by, c'u,,we SiLI A ed a It6v Hun, r _Lgg L_J�uqhyes Lisa P0. Bassett Pri-)tedqypied Name Prmted,'Typed Name n PaIrkIq M,ana,-,,er Chief Bureau of Pu,:hasrq:i ard Contracts :.fi� L —", ................. Tide- .......... 10/26/2017 Hunte 2L-a F�ju hge-s-,S—my�c Ie a rw a Le r,r,our; Official AgencyEmafi, 727-562-4774 Fh'o-n e N'L'i m-—be r Agency Point.-cf-Contact- Sue Tether Printed,7yped Narne Sup—T L EM - rwate� com- Off bai Agen it 727-56 4771'7 '17-51'" '14 7--5 P tj'."'r ------- 6 N urn fll,fivfl air F F be, (�e Approved""#S,r,91f.0,M: Meat: 4, 4 ................. 6 C rriiIoA. Soto Roslemane Cal, Asst s!ar)t City Attorrre'r Citv C!er,: K Page 9 of 9 DAVID iGovervnen!F---rzItio Dam Excharce MOU,Rev '1�-2011E,,' DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 ATTACHMENTI FLORIDA DEPARTMEN'r OF HIGHWAY SAFETY AND MOTOR VEHICLES Request For Exempt Personal Information In A Motor Vehicle/Driver License Record The Driver's Pril,,acv 1'rejectiol)Act, 18 United States Code sectioris 1-0l("DPPA")makcs personal infornnation contained fru U10tor Vehicle(e,driver ficense records confidentiat and oxempt from disclosure, Jlersojlal ulfolm-,jtieu in as nr(qu.j•vellicte or driver license record includes.bUt is U01 Iftnited to,in individual's social security nuniber,driver ficense oridentification iluniber, mune,address and. owdical or disability int"ormation, Personil inibrination does riot include inibrguation related to drivim:violations and driver status, Personal information Frain these records nlay only be released to individuals or 01"_e0nl zal I oils that qualify under one of tile eveniptions provided bi L)PPA,which are luted on the back of this forin. Ill lieu of,Completing this doral,a request for hilbrinaflun UldN, be inade in leuer fbrin (oil conlpallyaocncy leftel-lIetse,,it appropriate)stating the type of information heing requested,thio. DITA exemption(s) under which the requesi is being Inade, a detailed description of dic holy the information will be used, and a sLatenwrit that the inforniation will not be used or redisclosed except as provided in DPPA, irthe inforniation is provided ou letterhead it must include a statement that the information provided is trtm and correct,signed by the authorized official) ander penalty of peijury., sated notarized, 1 not it representai ive of an organization requesting personal inforination for one or more records as described below, I declare that nry organization is qualified tura obtain Personal inforniati0o Linder cxemption nuniber(s) as listed on page 3 of this forum, 1 Understand that I shall noi use or redisclose this personal lnfbrniafion except as provided in DIT A and that any, use or redisclosure in violation ofthese statutes rnay subject me to criminal sanctions and civil liability. Complete the 1`6110Wh12 for ealch DPPA exemption being clainned. (attached additional page,if necessan')- ---------- ........... 1)PPA Description off-low Requesting Party 1 Description of how 13E'L­ta 111 be use d: Exemption QUdififoifor Exemption: Claimed: id Government Agency; Municipality—City cf To confirin registered Owner information and C9earwater Parking System tag h1forllation for the purposes of Parking Enforcement Citations that have been issued and inav/1-nay not be contested. ........... ........................... .................. ..... ........... -—------------ Page I of 3 (01i'20171) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 Obtaining personal information under false pretmiscs jS 8 state ard federal chine, Under pci�jfltjcs&pol-jutn", I dedanc that I have as iid the forcgoinu Rcqucst.For Exemyt Perjonal Inforniation in A Pdozor Vchicle/DriNer License Record and that file)IC1, Mled in itarellrue -#[d con ect. of�IA' HTlrizedt fficial, Si;11"hature ifle Printed Naine Date STATE Of" 7 C 0 LYN TY 0 F Searn To (or affirmed) and subscribed bef'ore nie this day o[ J, 2(' by Personally Kno��qi OR Produced Identification Tyl:.)c of Identificaion Produced__ " ka v-) NoTARY PUBLIC (print nai',ie) N0'1`, RY PUBLIC (slinknic) My Commission Expires: t,b Z c) EL IZASENUAYLY Wcomm&pra—yeb2o Page 2 of 3 (01/2017) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 Pursuarit to soc;fion 119,0712(2),FS.,personal information in inotor vdhjcjs wid driver license records can he relcased for Ilia killoo-irw py PUTPOSCY,as Withric"A in 18 United%LatCS Cade.section 2721, Personal infortnaticni rcRm'Cd U1 in subscction fa""shafl he cK.wbosed for use in ctmmeefiro,with gmaters ormot,,vemio so-driver sarr-tv and flr--ft. molor vehicle ernissiuns, nxfor vChHe PIDILWt Awnationc,rccnH&or advisorjc&ptofittrulance ol"matt)j, dealers by MOLOr whicle nutnufacturer.k.and rcinoval of,ion-ownty records Irron Liu-,origirnt'l 0%%rnC] records ofirrotor vehicle to Carry arra".the purpost-.S oftill"S I Fmd 1V ofthc Anti C�o-'Hicfi,Act of 1992,lhc Alwoowbile Infournation D,sc.lusurc Act 1. 1,1',S,C 12-31 ct sefj,).the Clein An Act(42 US.0 7401 et sec..'.and 4-hapters 301,305-and 321-33 1 cjfliflc 49.told,subliec-, to iihLisccOun, i, Pro'I'Be last-. n",VOM11menT Or-Micy including any court or law unrot-mment auency,in c.arryinq out iM- functicais,or aj,,v n it'naC;t p wson Or endiry actin-,oil lbvhalf(,-,if a Federal,Suits.or loco! in ont its frinctions, 2, For ros;in Loxinecdou widi ruatict's of motor vehicle"or Mver safety and theft:ri,.otor MiSSh)V!S:motor product afteratroins,recalls,o, advisories,Performance monnoring oll-nitakir YcliMes.11101or vehicle parts and cleakrs,motor vehic�e rosr],ct research Petivifies, including survey rescarch-,and removal of non-ova,cr recoids from,the Origin.,.1 omwr records 01 fin stor �rl'li 1a mart u facturers. 3. For use in the normal cuunat of business by c:leinmsinss ate bueor its ageris.empk)vcs.og contractors.bm ori1%.- 9 (a)to veTify theaccurac,,,of peno nal information submitted b,e-qie indiOdual to the business or its agents,employees,or comnacortri,'and Q b)if such information as sosubmikwd is not correct or is its It correct. to Gomm the correct inn!'nnation,'but only fisr the purposcs of Preventing Fraud fay,I-nirsuino legraV renredies against.,or rccovering,on,a debt or secud-.,fineresc against,die hollriduaL 4, For usc in connection o-ith Low civil,c,irninal,adminirmativc,or arbitral proceeding in any Federal. Swe�or local court tar-agency or beffisre an,%,self repidalory body,including the service ol'proces. in witic'Pation of Hfigi'adon.and The expecution or enforcement of judooneniF art(]torders,or pursuant us art order of Fedend.State,so local COLVI, For use in research afcciviiies%and ficir use in produzing statistical repons,so long,as thin personal infornunion is nol published. rediqclosed.rat used to contact individuals, 6, For rise by any;ws-affer or insurance support organiz0ficut,#,P".1,y a seH-insured enfit)%or lts agenis.employlM,or Con',racrors,in connection vfit"€clain ts.invemigatior,activilics,andfraud activi,.ics.rafing or underwrifin2, P01,rise in providing notice to ii,,e ovnc s orto%,eii or irnpounded vehicles. 8, For use by any licensed private irivegOgativc.agency or lice.nsed security service For nn, purrosc iccrinitted toiler this SUbscction 9, For use ky,an employer or its agent or insurer to obtain or vcrin`infinnnation relaring no a holder of a corarr.ercial driver's Hecrise that is M11hrCd Under erhqpk,-r 3 13 a-fide 49, 10.For use h)crinnectioli wnh the operaiion o`privrae Loll u,asispormflon Ncifilics, I 1.For any oil:er use ir"t response to requests for indiv:&M!F110101 VChiCic recordifffic Strate has obtainc-d the cxlircss cmiscra offfie Person to k0om such peiso,,W inrorniation pertains. 12.For bi.4-distribution for rurvelvs.markeling or solicitairons if th�,State has obtained.tiara cxpress coo&cni offlic parson to%"I'lorn such persomd information pertains, 13.F Use by snlrequeSW, if 1"ri-reques'cr dernonsirnms it has obutined the written conseW of The indi%-idoml tcr whcm-�the iril'orryolfioll perl"ims 14.For any other t.€srt sirecjflcally awlim-ized undcr the hwv or rd-le Stat".tl,,w holds die record,if such ose is related to th,,rppemfion or ii, mosor"-duCIC OrP&JEC Sr'IFCI$,% Page I of-I 0L"'2 17) DocuSign Envelope ID: 8E733D81-5076-4FA1-8906-9C8F1A993A58 C1 '1' -Y' ' OF CLEARWA 'rERr Ht&1, i k �'�li I!' r�w'ldt:ttslf' i ..17:tii6ltfEi±.B't ;,:7r'r.1 "6 'aE W Pel "'s b, �� i al."t.��' 61 � Jame 7, 2017 Patrick Lineberry Government nalystml .A.V.l, , Liason Division of Motorist Services-Data Listing Emit Florida Department of Highway Safety and Motor Vehicles 2900 Apalachee Parkway,A236, MS 78 Tallahassee, Florida 32399-0500 Dear Mr. Lineberry, I, Clearwater City Manager William Horne, delegate the authority to execute, on behalf of the City, the Clearwater Parking System DAVID Memorandum m cif Understanding ( 'COU) arse related amendments, as necessary to Hunter Hughes, Parking Manager for the City. Thank you. William P., Horne, 11 City Manager SetUR9D Certificate Of Completion Envelope Id: 8E733D8150764FA189069C8F1A993A58 Status: Completed Subject: Please DocuSign these documents: Review Sheet for PREVIOUS Data Exchange MOU Source Envelope: Document Pages: 15 Signatures:6 Envelope Originator: Certificate Pages:6 Initials:0 Patrick Lineberry AutoNav: Enabled PO Box 6669 Envelopeld Stamping: Enabled Portland, OR 97228 Time Zone: (UTC-05:00)Eastern Time(US&Canada) patricklineberry@flhsmv.gov IP Address:207.156.9.1 Record Tracking Status: Original Holder: Patrick Lineberry Location: DocuSign 10/19/2017 patricklineberry@flhsmv.gov Signer Events Signature Timestamp Bennett White DPm.ecnwGl� km 8lgnedby: Sent: 10/19/2017 Bennettwhite@flhsmv.gov Viewed: 10/20/2017 132 Security Level: Email,Account Authentication 4s4622BDE3BF4BA Signed: 10/20/2017 (None) Using IP Address:207.156.9.1 Electronic Record and Signature Disclosure: Accepted: 10/20/2017 ID:8d9cb778-7d30-487c-afce-73b40133c7fb Robert Kynoch by, Sent: 10/20/2017 RobertKynoch@flhsmv.gov ED—Signed b� tzVw . Viewed: 10/20/2017 Director of Motorist Services WEHA47ABE4s6_ Signed: 10/20/2017 FL Dept HSMV Using IP Address:207.156.9.1 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lisa Bassett Sent: 10/20/2017 LisaBassett@flhsmv.gov -- -- Viewed: 10/20/2017 ( —D—Signed by: Chief of Purchasing and Contracts Signed: 10/20/2017 FL Dept HSMV Using IP Address:207.156.9.1 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Kelley Scott E D—Signed by- Sent: 10/20/2017 KelleyScott@flhsmv.gov V""V"I Off Viewed: 10/24/2017 Director of Administrative Services 633CAc39c2o1454 Signed: 10/24/2017 Florida Department of Highway Safety and Motor Using IP Address: 199.254.101.109 Vehicles Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Jamie DeLoach OD...Signed by: Sent: 10/24/2017 Jamie DeLoach@flhsmv.gov Am« v�� Viewed: 10/25/2017 Chief of Staff NKB 99149OB7AA52486 Signed: 10/25/2017 Florida Department of Highway Safety and Motor Using IP Address:207.156.9.1 Vehicles Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Becky Parramore Completed Sent: 10/25/2017 BeckyParramore@flhsmv.gov Viewed: 10/26/2017 Leasing Consultant Signed: 10/26/2017 Florida Department of Highway Safety and Motor Using IP Address:207.156.9.1 Vehicles Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Lisa M. Bassett ( —D—Signed by-. Sent: 10/26/2017 LisaBassett@flhsmv.gov � Viewed: 10/26/2017 Chief of Purchasing and Contracts Signed: 10/26/2017 FL Dept HSMV Using IP Address:207.156.9.1 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Data Listing Unit Sent: 10/26/2017 Data Listing Unit@flhsmv.gov [:::C:OPIED Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Hunter Hughes Sent: 10/26/2017 hunter.hughes@myclearwater.com OPIE Viewed: 8/23/2018 Security Level: Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 10/26/2017 Certified Delivered Security Checked 10/26/2017 Envelope Summary Events Status Timestamps Signing Complete Security Checked 10/26/2017 Completed Security Checked 10/26/2017 Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/22/2015 Parties agreed to: Bennett White ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, FL Dept HSMV (we, us or Company) may be required by law to provide to you certain written notices or disclosures. Described below are the terms and conditions for providing to you such notices and disclosures electronically through your DocuSign, Inc. (DocuSign) Express user account. Please read the information below carefully and thoroughly, and if you can access this information electronically to your satisfaction and agree to these terms and conditions, please confirm your agreement by clicking the 'I agree'button at the bottom of this document. Getting paper copies At any time, you may request from us a paper copy of any record provided or made available electronically to you by us. For such copies, as long as you are an authorized user of the DocuSign system you will have the ability to download and print any documents we send to you through your DocuSign user account for a limited period of time (usually 30 days) after such documents are first sent to you. After such time, if you wish for us to send you paper copies of any such documents from our office to you, you will be charged a$0.00 per-page fee. You may request delivery of such paper copies from us by following the procedure described below. Withdrawing your consent If you decide to receive notices and disclosures from us electronically, you may at any time change your mind and tell us that thereafter you want to receive required notices and disclosures only in paper format. How you must inform us of your decision to receive future notices and disclosure in paper format and withdraw your consent to receive notices and disclosures electronically is described below. Consequences of changing your mind If you elect to receive required notices and disclosures only in paper format, it will slow the speed at which we can complete certain steps in transactions with you and delivering services to you because we will need first to send the required notices or disclosures to you in paper format, and then wait until we receive back from you your acknowledgment of your receipt of such paper notices or disclosures. To indicate to us that you are changing your mind, you must withdraw your consent using the DocuSign 'Withdraw Consent' form on the signing page of your DocuSign account. This will indicate to us that you have withdrawn your consent to receive required notices and disclosures electronically from us and you will no longer be able to use your DocuSign Express user account to receive required notices and consents electronically from us or to sign electronically documents from us. All notices and disclosures will be sent to you electronically Unless you tell us otherwise in accordance with the procedures described herein, we will provide electronically to you through your DocuSign user account all required notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to you during the course of our relationship with you. To reduce the chance of you inadvertently not receiving any notice or disclosure, we prefer to provide all of the required notices and disclosures to you by the same method and to the same address that you have given us. Thus, you can receive all the disclosures and notices electronically or in paper format through the paper mail delivery system. If you do not agree with this process, please let us know as described below. Please also see the paragraph immediately above that describes the consequences of your electing not to receive delivery of the notices and disclosures electronically from us. How to contact FL Dept HSMV: You may contact us to let us know of your changes as to how we may contact you electronically, to request paper copies of certain information from us, and to withdraw your prior consent to receive notices and disclosures electronically as follows: To contact us by email send messages to: lindaperry@flhsmv.gov To advise FL Dept HSMV of your new e-mail address To let us know of a change in your e-mail address where we should send notices and disclosures electronically to you, you must send an email message to us at lindaperry@flhsmv.gov and in the body of such request you must state: your previous e-mail address, your new e-mail address. We do not require any other information from you to change your email address.. In addition, you must notify DocuSign, Inc to arrange for your new email address to be reflected in your DocuSign account by following the process for changing e-mail in DocuSign. To request paper copies from FL Dept HSMV To request delivery from us of paper copies of the notices and disclosures previously provided by us to you electronically, you must send us an e-mail to lindaperry@flhsmv.gov and in the body of such request you must state your e-mail address, full name, US Postal address, and telephone number. We will bill you for any fees at that time, if any. To withdraw your consent with FL Dept HSMV To inform us that you no longer want to receive future notices and disclosures in electronic format you may: i. decline to sign a document from within your DocuSign account, and on the subsequent page, select the check-box indicating you wish to withdraw your consent, or you may; ii. send us an e-mail to lindaperry@flhsmv.gov and in the body of such request you must state your e-mail, full name, IS Postal Address, telephone number, and account number. We do not need any other information from you to withdraw consent.. The consequences of your withdrawing consent for online documents will be that transactions may take a longer time to process.. Required hardware and software Operating Systems: Windows2000? or WindowsXP? Browsers (for SENDERS): Internet Explorer 6.0? or above Browsers (for SIGNERS): Internet Explorer 6.0?, Mozilla FireFox 1.0, NetScape 7.2 (or above) Email: Access to a valid email account Screen Resolution: 800 x 600 minimum Enabled Security Settings: -Allow per session cookies -Users accessing the internet behind a Proxy Server must enable HTTP 1.1 settings via proxy connection ** These minimum requirements are subject to change. If these requirements change, we will provide you with an email message at the email address we have on file for you at that time providing you with the revised hardware and software requirements, at which time you will have the right to withdraw your consent. Acknowledging your access and consent to receive materials electronically To confirm to us that you can access this information electronically, which will be similar to other electronic notices and disclosures that we will provide to you, please verify that you were able to read this electronic disclosure and that you also were able to print on paper or electronically save this page for your future reference and access or that you were able to e-mail this disclosure and consent to an address where you will be able to print on paper or save it for your future reference and access. Further, if you consent to receiving notices and disclosures exclusively in electronic format on the terms and conditions described above, please let us know by clicking the 'I agree'button below. By checking the 'I Agree'box, I confirm that: • I can access and read this Electronic CONSENT TO ELECTRONIC RECEIPT OF ELECTRONIC RECORD AND SIGNATURE DISCLOSURES document; and • I can print on paper the disclosure or save or send the disclosure to a place where I can print it, for future reference and access; and • Until or unless I notify FL Dept HSMV as described above, I consent to receive from exclusively through electronic means all notices, disclosures, authorizations, acknowledgements, and other documents that are required to be provided or made available to me by FL Dept HSMV during the course of my relationship with you.