Fort Walton Beach Council agenda — 08-23-11 regular — reading text

agency contact person for assistance with the implementation of this MOU. o cd B. The Requesting Party agrees to: 1. For the Requesting Party, driver license and /or motor vehicle, information may only be used for the auar express purposes described herein. Information obtained from the Providing Agency by the Requesting Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or resold to any Third Party. 2. Be responsible for interfacing with any and all Third Party end users. The Providing Agency will not interact directly with any Third Party end users. Requesting Party shall nol give Third Parry end users the name, E -mail address, and /or telephone number of any Providing Agency employee without the express written consent of the Providing Agency. ( This does not apply to Government Entities.] Data Exchange MOU ( Rev. 05 - 10 -2011) Page 3 of 7 PacketPacket Pg.Pg. 2525  82. 3. Maintain a help desk for its Third Party end users. Personnel assigned to this help desk shall be fully trained on all aspects of the electronic access and shall be prepared to answer all Third Party end user questions. In cases where the Requesting Party/Network Provider help desk personnel are unable to answer a question from a Third Party end user and that question must be answered by Providing Agency personnel; the Requesting Party shall obtain the answer from the Providing Agency and then relay the answer to the Third Party end user. ( This does not apply to Government Entities.] 4. Insure that its employees and agents comply with Section V. Safeguarding Information procedures of this MOU. 5. Not assign, sub -contract, or otherwise transfer its rights, duties, or obligations under this MOU without the express written consent and approval of the Providing Agency. aNc 6. Use the information received from the Providing Agency only for the purposes authorized by this iv agreement. c 46 7. Protect and maintain the confidentiality and security of driver license and /or motor vehicle information o received from the Providing Agency in accordance with this MOU and applicable state and federal law. E 8. To the extent allowed by law, the Requesting Party shall defend, hold harmless and indemnify the aN 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. EdE 9. Update user access permissions upon termination or reassignment of users within 5 working days and immediately update user access permissions upon discovery of negligent, improper, or unauthorized use or dissemination of information. Conduct quarterly quality control reviews to ensure all current users are fNxO appropriately authorized. emM 10. For all records containing personal information released to a Third Party, maintain for a period of 5 years, records identifying each person or entity that receives the personal information and the permitted 0 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.] N 0O 11. Pay all costs associated with electronic access of the Providing Agency' s driver license and /or motor vehicle information; such costs shall include all one time, recurring, and usage charges for all hardware, m software, and services required to connect to and use the electronic access. Payment must be in advance of receiving any information or using electronic means as follows: uN wX Complete and sign the appropriate document(s) to allow the Providing Agency' s designated banking 9 institution to debit the Requesting Party's designated account. 0 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 fHx0 c authorized Third Party end users is the responsibility of the Requesting Party. E t U 12. Minimum Transaction Level — In order to qualify for direct connection to a port, the Network Provider must agree to submit a minimum of 5,000 transactions per month for driver transcripts or 2, 500 transactions for public records access program for motor vehicle /driver license status checks. A six - month startup period will be allowed, during which time less that the minimum will be acceptable. In the event the Network Provider does not maintain the minimum transaction per month beginning with the first day of the seventh month and every month thereafter, the Network Provider' s direct connection to a port will be terminated. Data Exchange MOU ( Rev. 05- 10- 2011) Page 4 of 7 Packet Pg. 26  8. 2. a V. Safeguarding Information The Parties shall access, use and maintain the confidentiality of all information received under this agreement in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in sections 119. 10 and 775. 083, Florida Statutes. In addition, any person who knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability. The Parties mutually agree to the following: A. Information exchanged will not be used for any purposes not specifically authorized by this agreement. c Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, c m 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. M 0 C. Access to the information exchanged will be protected in such a way that unauthorized persons cannot E review or retrieve the information. 0 D. All personnel with access to the information exchanged under the terms of this agreement will be instructed cNo of, and acknowledge their understanding of, the confidential nature of the information. These m acknowledgements must be maintained in a current status by the Requesting Party. E. All personnel with access to the information will be instructed of, and acknowledge their understanding of, h the criminal sanctions specified in state law for unauthorized use of the data. These acknowledgements o must be maintained in a current status by the Requesting Party. mo 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. 0 G. By signing the MOU, the representatives of the Providing Agency and Requesting Party, on behalf of the v> respective Parties attest that their respective agency procedures will ensure the confidentiality of the 0 information exchanged will be maintained. f