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

d VI. Compliance and Control Measures m L A. Internal Control Attestation - This MOU is contingent upon the Requesting Party having appropriate internal controls over personal data sold or used by the Requesting Party to protect the personal data from w m 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 o performed in accordance with American Institute of Certified Public Accountants ( AICPA) " Statements on Standards for Attestation Engagement" In lieu of submitting the attestation from a currently licensed Certified Public Accountant, Requesting Party may submit an alternate certification with pre -approval from the ip Department. In the event the Requesting Party is a governmental entity, the attestation may be provided by the entity' s internal auditor or inspector general. The attestation must indicate that the internal controls over dE 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 m 180 days of the written request. The Providing Agency may extend the time to submit the attestation upon Q 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 information. Further, as provided in section 817. 5681, Florida Statutes, the document must provide a statement advising if individuals whose personal information has been compromised have been notified and, if not, when they will be notified. The statement must include the Data Exchange MOU (Rev. 05 -10 -2011) Page 5 of 7 Packet Pg. 27  F8.2. a 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 affirmation 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 Performance This MOU shall be effective upon the last signature of the Parties to this agreement and will remain in effect for three years from the date of execution, as provided in Section X. Once executed, this MOU supersedes all previous c agreements for these conditions of services defined in Section I. m VIII. Amendments v a A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is the full expression of their agreement. o E B. This MOU may be subsequently amended by written agreement between the Parties. Any change, a' alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by m written agreement executed by both Parties. oE 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 NTD A. This agreement may be terminated for cause by either party upon finding that the terms and conditions m contained herein are not being followed. No written notice or notifying period will be required. B. This 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. h M C. The Contract may be terminated upon thirty ( 30) days notice in writing to the Contract Manager without E penalty to either party. All obligations of either party under the contract will remain in force during the thirty w 30) day notice period. m tNmUW0x N O icsuarNE Data Exchange MOU (Rev. 05 -10 -2011) Page 6 of 7 Packet Pg. 28 IN WITNESS HERETO, the PARTIES have executed this Agreement by their duly authorized officials. Requesting Party: Providing Agency: Florida Department of Highway Safety and Motor Vehicles Company Agency Name 2900 Apalachee Parkway Tallahassee, Florida 32399 Street Address City, State Zip Code By: By: Kevin Bailey PrintetlffyPed Name PrintadRyped Name Chief of Purchasing 8 Contracts Title E -Mail Address Phone Number Technical Contact for FTP, Program Access PrintadRypad Name Eldail Address Phone Number Point of contact for Web Application Access Primedityped Name E - Mail Address Phone Number Data Exchange MOU ( Rev. 05 -10 -2011) Page 7 of 7  1,, DRIVER PRIVACY PROTECTION ACT EXCEPTIONS 1. For use in connection with matters of motor vehicle or driver safety theft, motor vehicle emissions, motor vehicle product alterations, recalls, or advisories, performance monitoring of motor vehicles and dealers by motor vehicle manufacturers, and removal of novowner records from the original owner mands of motor vehicle manufacturers, to entry out the papous ofthe And Car Theft Act of 1992, the Automobile Information Disclosure Act, the Clean Air Act, and chapters 301, 305, and 321 -331 oftitle 49 U.S. C. 2. For use by any government agency, including any court or law enforcement agency, in carrying out its functions, or any private person or entity edit on behalf of a federal, state, or local agency in carrying out its functions. 3. For use in connection with matters ofmaor vehicle or driver safety and theft; motor vehicle emissions; motor vehicle product alterations, recalls, or advisories; performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market research actvitia, including survey ae research; and removal of non -owner records from the original owner records of motor vehicle manufacturers. 4. For use in the moral course of business a legitimate business or agents, employees, but only: m a) fo verify the accuracy, of personal information submitted the the individual to the business or is agents, employees, contractors; and b) If such information as so submitted is not corzec[ or is no longer to coned, m obtain the wrrect information, but only fm the purposes o[ prevrntin D fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual. o E 5. For use in connection with any civil, criminal, administrative, a abound proceeding in any wart or agency or before any self regulatory