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HomeMy WebLinkAbout5232 Contract Number: 5232 Vendor: WA STATE DEPT OF LICENSING Subject: ILA -Void Data Sharing Agreement No. K4148 Department: Court File Class: LEG 12 -1 Begin Date: 2/1/2013 End Date: 2/28/2015 Review Date: Vault Date: 2015 Comments: Amendment No. 01 10/7/13 DOL Contract No K4148 ORIGINAL Amendment 01 Amendment Number 01 to CONTRACT NO 4148 BETWEEN STATE OF WASHINGTON DEPARTMENT OF LICENSING and BREMERTON MUNICIPAL COURT DOL Contract number K4148, including any subsequent modifications thereto, between the Department of Licensing (hereinafter called "DOL "), and Bremerton Municipal Court (hereinafter called the "Contractor "), located at Bremerton Municipal Court Telephone 360- 473 -5242 550 Park Ave Facsimile 360- 473 -2562 Bremerton WA 98337 E -Mail dawn nelson @ci bremerton wa us The contract is hereby amended under the provisions of the Changes to Contract clause and by the mutual consent of all parties hereto, as follows 1 The following clause entitled Subcontracts is hereby deleted in its entirety and replaced with the following SUBCONTRACTS With prior written consent of DOL, the Contractor may enter into subcontracts for any of the work or services contemplated under this Contract Consent shall not be unreasonably withheld This clause does not include contracts of employment between the Contractor and personnel assigned to work under the Contract The Contractor is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Contract are carried forward to any subcontracts ACKNOWLEDGMENT Accordingly, the effective date of this amendment shall be the date of execution All other terms and conditions of the original contract and any subsequent amendments thereto remain in full force and effect The parties hereby acknowledge and accept the terms and conditions of this Amendment which is executed by the persons signing below who warrant that they have the authority to execute it on behalf of DOL and the Contractor IN WITNESS WHEREOF, the parties have executed this Amendment Bremerton Municipal Court State of Washington Department of Licensing ' JJU.A� 1_1� C1 0 _� Jq- (Print Name & Title) Date y Stu11►ck Date zo.Lurj N2a S ID Y1 ministrator Facilities and Procurement 'Bre mQx+Dn GDur+ 901 mixu�►ZafbY' File Name K4148 -01 Page 1 of 1 August 16, 2013 Contract Number. Vendor Sub�ect Department File Class Begin Date: End Date: Review Date Vault Date• 5232 WA STATE DEPT OF LICENSING ILA-Void Data Sharing Agreement No. K4148 Court LEG 12-1 2/1/2013 2/28/2015 2017 Comments DOL AGREEMENT No K4148 INTERAGENCY VOIDS DATA SHARING AGREEMENT ORIGINAL BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING = AND BREMERTON MUNICIPAL COURT Upon execution this Disclosure Agreement cancels and supersedes DOL Contract No K1942 and is entered into by and between the State Washington, Department of Licensmg (hereinafter called "DOL" or "Department"), and Bremerton Murncipal Court, (hereinafter called "Contracto�") Bremerton Murncipal Court 550 Park Ave Bremerton WA 98337 Telephone 360- 473-5242 Facsimile 360-473-2562 E-Mad dawn nelson@ci bremerton wa us PURPOSE The purpose of this Disclosure Agreement is to provide terms and conditions that will ensure DOL vehicle and/or vessel Data is provided, protected and is used only for purposes authorized by state and federal law goverrnng the release of such Data and is pursuant to Revised Code Washington (RCV1/) 46 12 630, 46 12 635, 46 12 640, 42 56 070, Washington Admmistrative Code (WAC) 308-93 087-089, WAC 308-10, WAC 308-10-45, Chapter 18 USC Sec 2721 -2725 Driver Privacy Protection Act (DPPA), and Executive Order 97-01, as currently written or hereafter amended, According to the VehicleNessei Disclosure Agreement Application submitted by the Contractor the Contractor's permissible, business need for the Data is Obtain and verify registered owner information associated with a license plate, to determine if there was a different owner at the time of a citation in case of disputes, notification of parkmg citations, delinquent notices for collection, general correspondence on a court action pending on the vehicle In consideration of the terms and conditions contamed herein, the parties agree as follows SPECIAL TERMS � CONDITIONS 2. STATEMENT OF WORK The Contractor shall furrnsh the necessary personnel, equipment, material and/or services and otherwise do all things necessary for or incidental to comply with the terms and conditions set forth in the Statement of Work, Attachment B, attached hereto and incorporated herein 3. TERMS AND CONDITIONS Ali nghts and obligations of the parties to this Contract shall be sub�ect to and governed by the following Spec�a/ Terms & Cond�tions contained in the text of this Contract, General Terms and Cond�tions, Attachment A, Statement of Work, Attachment B, Fde Lay Out, Attachment C, Reimbursement Fee Schedule, Attachment D, Cert�ficat�on of Data Dispos�t�on, Attachment E, Cert�ficat�on of Data Secunty, Attachment F, Appropnate Use Declarat►on, Attachment G, and P erformance Ftle Name K4148 Page 1 of 23 12/12/12 Special Terms & Conditions DOL AGREEMENT No K4148 Mon►tonng Report, Attachment H, which are attached hereto and incorporated herein, and the Contractor's signed Veh�cleNesse/ D►sc/osure Agreement Appl►cation and the Contractor's Init�a/ Certificat�on of Dafa Secunty, which are incorporated by reference herein 4. PERIOD OF PERFORMANCE Sub�ect to its other provisions, regardless of the date of signature this Contract shall begin upon February 1, 2013, and end on February 28, 2015 unless terminated sooner or extended by DOL as provided herein This Agreement may be extended in multiples of up to two (2) years and is at the exclusive option of the DOL and shail be affected by the DOL giving written notice of extension or renewal to Contractor pnor to expiration In order to request an extension of the Period of Performance, DOL must receive a newly completed and signed Veh►cle/Vessel D►sclosure Agreement Applicat►on (available at the DOL website, www dol wa qov ) from Contractor at least forty-five (45) calendar days prior to the expiration date of this Contract If there rs a lapse in the Period of Performance, a new contract will be required and DOL may charge a set-up fee to re-establish access 5. COMPENSATION Contractor shall pay DOL a monthly fee not to exceed $127.15 for direct and indirect Reimbursement costs, in accordance with the Reimbursement Fee Schedule, Attachment D 6. BILLING PROCEDURES The Department of Licensing shail submit bdling mvoices to Agency for payment no less than monthly Payment to the "Department of Licensing for data received approved and completed work shall be made by warrant or account transfer b y the Agency within 30 days of receipt of the invotce Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year, whichever is earlier Invoicing another entity of the state of Washington for the same goods and/or services rendered is not permitted Fadure of DOL to mvoice does not release the Agency from its obligation to pay 7. INSURANCE DOL certifies it is self-insured under the State's self-msurance liability program, as provided by RCW 4 92 130, and shall pay for losses for which it is found liable Agent certifies that it is setf-insured, is a member of a nsk pool, or maintams msurance Agent shall pay for losses for which it is found liable File Name K4148 Page 2 of 23 12/12/!2 Special Terms & Cond�tions DOL AGREEMENT No K4148 ATTACHMENT A GENERAL TERMS AND CONDITIONS 8 DEFINITIONS As used throughout this Contract, the following terms shall have the meanings set forth below a Commercial Purpose- means using or intending to use Data for the purpose of facditatmg a profit-expecting business activity, except as prov�ded m RCW 46 12 380 b Confidential Information- means mformation that may be exempt from disclosure to the public or other unauthorized persons under either chapter 42 56 RCW or other state or federal statutes and data defined as more sensitive then "public" and requires secunty protection Confidential Information includes, but is not limited to, vehicle legal and/or registered owner, social security numbers, credit card information, driver license numbers, Personal Information, law enforcement records, agency secunty data, and banking profiles c Contract- shall also mean Disclosure Agreement d. Contractor- means agency, firm, provider, organization, individual or other entity performmg services or obtaining Data under this Contract e. Contract Manager- means the representative identified in the text of the Contract who is delegated the authonty to administer the Contract f Data- means information contained m the vehicle and/or vessel record information provided to Contractor under this Contract g. DBA- means "doing business as" and includes all current or previous business names and locations the Contractor operates or does business under or is listed on as a member of h Default- means the failure of the Contractor and/or authonzed user(s) to perform an act, contractual requirement or obligation, and includes but is not limited to the failure to provide documents or other requested items and includes the violation of any state or federal laws, rules and statutes associated with this Contract i. Delrvery of any not�ces- shall include USPS, FAX, Emad, Certified Mail and Registered Mail �. Disclosure Agreement- shall also mean Contract k Legal Owner- means the following information to mclude name, address, city, state, and five (5) digit zip code of the party listed as legal owner of a vehicle I. List- means a data structure holding many values, possibly of different types, which is usually accessed as a ser�es of names, addresses, cities, states, zip codes or other items written, pnnted or a file layout put together in meaningful grouping or sequence so as to constitute a record of more than one (1) m Personal Information- means information identifiable to any person, includmg, but not lim�ted to, mformation that relates to a person's name, finances, education, business, use or receipt of government services or other activities, addresses, telephone numbers, social security numbers, dnver licenses number, other �dentifying number or personal health mformation, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42 56 or other state and federal statutes n RCW- means the Revised Code of Washmgton All references in this document to RCW chapters or sections shall include any successors, amended, or replacement statues o. Registered Owner- means the following mformation to mciude name, address, city, state, and excludes five (5) digit zip code of the party listed as registered owner of a vehicle p. Secure Data Transfer (SDT) - means a method that protects the Data m transit to prevent viewing and manipulation by another Fde Name K4148 Page 3 of 23 12/12/12 General Terms & Conditions Attachment A DOL AGREEMENT No K4148 q. Secure File Transfer Protocol or Secure File Transfer (SFTP/SFT) - means a method that protects the Data in transit to prevent viewing and manipulation by another r. Subcontractor- means one not in the employment of the Contractor, who is performing all or part of those services under this Contract under a separate contract with the Contractor The terms "Subcontractor" and "Subcontractors" mean Subcontractor(s) in any tier s. Subscriber- means, agency, firm, provider, organization, individual or other entity engaged in doing business with the Contractor to obtain, or otherwise utilize or receive benefit from, the Data received from DOL and includes customers that may be purchasing a services or a product produced by Contractor A Subscnber must be one who is entitled to the information with a permissible use under the Chapter 18 USC Sec 2721-2725 Driver Privacy Protection Act (DPPA) t. Subscriber Roster- means a Microsoft Word or Excel document(s) that the Contractor shall provide to DOL contairnng mformation for each Subscnber that includes, legal name, address, and a contact name with emad and telephone number pr�or to execution of this Agreement, and shall maintain copies untd termination of this Agreement u Unsolicited Business- means any method of contact to individuals named in the Data provided by DOL to the Contractor with the intent to result in, or promote the sale of any goods, product, or services of any type v. VOIDS- means Veh►c/e Owner Informat►on Drstnbut►on System w WAC- means the Washington Administrative Code All references in this document to WAC chapters or sections shall include any successors, amended, or replacement statues 9. INDEPENDENT CAPACITY OF THE CONTRACTOR The parties intend an independent contractor relationship will be created by this Contract The Contractor and its employees or agents performing under this Contract are not employees or agents of DOL The Contractor wdl not hold itself out as, nor claim to be, an officer or employee of DOL or of the state of Washington by reason of this Contract, nor wdl the Contractor make any claim of right, privilege or benefit which would accrue to such employee under law Conduct and control of the work wdl be solely with the Contractor 10 ASSIGNABILITY The ability of the Contractor to obtam Data pursuant to this Contract shall not be assigned or delegated in whole or in part, excepted as expressly provided by this Contract or by the express prior wntten consent of DOL 11. SUBCONTRACTS The Contractor may not enter mto subcontracts for any of the work or services contemplated under this Contract This clause does not include contracts of employment between the Contractor and personnel assigned to work under this Contract 12. SUBSCRIBERS The Contractor may enter into Subscriber Agreements with a Subscnber to provide Data or if Subscriber is purchasing a service or product produced by Contractor as a result of Contractor receiving Data But only if the Subscnber's use of Data, service or product produced is consistent with the Driver Privacy Protection Act (DPPA) permissible use and the described use in the Statement of Work, Attachment B, no vanations of use are permitted for Contractor or Subscribers Contractor is responsible for ensuring that all terms, conditions, assurances and certifications and security of Data set forth in this Contract are carried forward to all Subscribers Fde Name K4148 Page 4 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 Subscriber Agreements shall mclude any wntten, verbal or any otherw�se agreed on method of doing business with the Contractor Contractor shall provide DOL with samples of all services, products provided or produced as a result of Data obtained from DOL within thirty (30) days of execution and periodically upon request with in fifteen (15) days from the request Contractor is also required to provide DOL with Subscriber Roster as described m Attachment 8, Statement of Work 13. INDEMNIFICATIDN AND HOLD HARMLESS To the fullest extent permitted by law, Contractor shall indemrnfy, defend and hold harmless the state of Washington, agencies of State, the Department and all officials, agents and employees of State, from and against all claims for inJunes or death arising out of or resulting from the performance of this Contract Contractor's obligations to indemnify defend, and hold harmless includes any claim by Contractors' agents, employees, representatives, or any Subcontractor or its employees Contractor expressly agrees to indemrnfy, defend, and hold harmless the state of Washington and the Department for any claim arising out of or incidental to Contractor's or any Subcontractor's, or Subscriber's performance or failure to perform this Contract Contractor's obligation to indemnify, defend, and hold harmless the State shall not be eliminated or reduced by any actual or alleged concurrent negligence of State or its agents, agencies, employees and officials Contractor waives its immunity under Title 51 RCW to the extent it is required to indemnify, defend and hold harmless State and its agencies, officials, agents or employees 14. LIMITATION OF STATES LIABILITY The parties agree that in no event shall the state of Washington, the Department, the Director of the Department or any Department employees, be liable to Contractor for any damages, costs, lost production, or any other loss of any kind for fadure of the DepartmenYs equipment, hardware or software to perform for any reason, or for the loss of consequential damage which is the resuit of acts of God, strikes, lockouts, nots, acts of war, ep�demics, acts of fire, failure of commurncations or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters The state of Washington, the Department, the Director of the Department or any Department employee shall not be liable for any claim of any nature agamst Contractor by any party arising from any failure in the service furnished by the Department under this Contract, for any errors, mistakes or acts on the part of the Department or its agents which result in the failure of the Department's equipment or software which fails to perform for any reason or for any other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facdities, or software, power failures, nuclear accidents or other disasters 15. CONFLICT OF INTEREST �th a few exceptions, RCW 42 52 120 (1) prohibits a state officer or state employee from receivmg anything of economic value under any contract or grant outside of his or her official duties The Governor, or a state agency affected by a violation of chapter 42 52 RCW or the rules adopted under it, may request the Attorney General bring an action in supenor court to cancel or rescind a state action taken by a state employee or state officer when a violation of the ethics law or rules substantially influenced the state action and the interests of the state require the cancellation or rescission The Governor may suspend the action pendmg a determination of the court action Fde Name K4148 Page 5 of 23 12/12/12 General Terms 8� Conditions, Attachment A DOL AGREEMENT No K4148 16 RECORDS. DOCUMENTS. AND REPORTS The Contractor shall maintain books, records, documents and other evidence of accounting and data security procedures and practices These records shall be sub�ect at all reasonable times to inspection, rev�ew, or audit by personnet duly authorized by DOL, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or contract The Contractor will retam all books, records, documents, and other matenals relevant to this Contract for six (6) years after settlement, and make them available for inspection by persons authonzed under this provision The Contractor shall be responsible for any audit exceptions or d�sallowed costs incurred by the Contractor or any of its Subcontractors and/or Subscribers 17. CONFIDENTIALITY The use or disclosure by any party of any information concerning DOL for any purpose not directly connected with the administration of DOL's or the Contractor's responsibilities with respect to services provided under this Contract is strictly prohibited except by prior wntten consent of DOL 18. SAFEGUARDING OF PERSONAL 1NFORMATION The Contractor shall not use or disclose Personal Information in any manner that would constitute a violation of federal law or applicable provisions of Washington State law The Contractor agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regardmg data security and electronic data interchange of Personal Information The Contractor shail protect Personal Information collected, used, or acquired in connection with this Contract, against unauthorized use, disclosure, modification or loss The Contractor shall ensure its directors, officers, employees, Subcontractors and Subscribers or agents use it solely for the purposes of accomplishing the services set forth in this Contract The Contractor and its Subcontractors/Subscnbers agree not to release, divulge, publish, transfer, sell or otherwise make it known to unauthorized persons any Personal Information without the express written consent of DOL or as otherwise authorized by law The Contractor agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure of Personal Information The Contractor shall make the Personal Information available to amend as directed by DOL and mcorporate any amendments into all the copies maintained by the Contractor or its Subcontractors and Subscribers The Contractor shall certify return or destruction of Personal Information upon expiration or termination of this Contract's retention requirements and the Contractor shall retain no copies If the Contractor and DOL mutually determine that return or destruction is not feasible, the Contractor shall not use the Personal Information in a manner other than those permitted or authorized by state and federal laws DOL reserves the nghts to monitor, audit, or investigate the use of Personal Information collected, used or acquired by the Contractor and Subscribers through this Contract The monitoring, auditing, or investigating may include, but is not limited to, "salt�ng" by DOL Salting is the act of mtroducing data containing unique but false mformation that can be used later to identify when inappropriate disclosure of Data identified The Contractor shall notify DOL in wnting immediately of becommg aware of any unauthorized access, use or disclosure of Personal Information The Contractor agrees to indemnify and hold harmless DOL for any damages related to unauthorized use or disclosure by the Contractor, its officers, directors, employees, and Subcontractors and Subscribers or agents Fde Name K4148 Page 6 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 Any breach of this clause may result in termination of the Contract and the demand for return of all Personal Information 19. LICENSING STANDARDS The Contractor shall comply with all applicable local, state, and federal licensing requirements necessary m the performance of this Contract (See chapter 19 02 RCW for state licensing requirements/defirntions) Contractor shall notify DOL immediately of business closure or change m legal status of busmess 20. RIGHTS OF INSPECTION DOL reserves the right to inspect Contractors actual place of business, to conduct a review of how they conduct business and to monitor, investigate or audit The Contractor shall provide the nght of access to, and shall make available all information necessary to DOL, or any of its officers, or to any other authonzed agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor, perform audits, evaluate compliance, investigate or otherwise analyze the use of vehicle/vessel information and/or quality assurance of internal policies and procedures, and/or records relatmg to the safeguardmg, use, and disclosure of Personal Information obtained or used as a result of this Disclosure Agreement and may include, but is not limited to, "Salt�ng" by DOL The Contractor shal{ make avadable information necessary for DOL to comply with an accountmg of disclosures of an individual's Personal Information 21 FUND/NG CONTINGENCY In the event funding from state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date of this Contract and prior to normal completion, DOL may terminate this Contract without advance notice sub�ect to renegotiation under those new fundmg limitations and conditions 22. LIM/TATION OF SIGNATURE AUTHORITY Only DOL's Director or delegate by wnting (delegation to be made prior to action) shall have the expressed, implied, or apparent authority to alter, amend, modify, or waive any clause or condition of this Contract Furthermore, any alteration, amendment, modification, or waiver of any clause or condition of this Contract is not effective or binding unless made in writing and signed by DOL's Director or delegate 23. CHANGES TO CONTRACT By written notification to and consent of the Contractor, DOL may, at any time, and without notice to any known guarantor or surety, make changes withm the general scope of the services to be performed under this Contract If any such changes cause an increase or decrease m the cost of, or the time required for the performance of this Contract, an equitable ad�ustment may be made in the Contract price consistent with the Compensatron clause, or penod of performance, or both, and this Contract shall be modified in wr�t�ng accordmgly Any claim by the Contractor for ad�ustment under this clause must be asserted within 30 days from the date of receipt by the Contractor of the notice of such change, provided, however, that DOL's Director or delegate by writing may, if decided the facts �ustify such action, receive and act upon such claim asserted at any time pnor to final payment under this Contract Fadure to agree to any ad�ustment shall be a dispute concerning a question of fact within the meaning of the D►sputes clause, Attachment A However, nothing in th�s clause shall excuse the Contractor from proceedmg with the Contract as changed Fde Name K4148 Page 7 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 24. DISPUTES The parties agree that time is of the essence in resolvmg disputes During the dispute resolution penod parties agree • If the sub�ect of the dispute is the payment due DOL, DOL may cease regularly scheduled transmittals and terminate this Contract • If the sub�ect of the d�spute is not the payment due, the DOL may continue performance of work under the Contract not affected by the dispute Drsaute Steas 1 When a bona fide dispute concerning a question of fact arises befinreen DOL and the Contractor and it cannot be resolved, either party may request a dispute hearing with DOL's Contracts Office The request for a dispute hearing must • be in writing, state the disputed issues, • state the relative positions of the parties, • state the Contractor's name, address, and DOL Contract Number, and be maded to Department of Licensing, Contracts Office P O Box 9047 Olympia WA 98507-9047 and maded to the other party's Contract Manager within three (3) workmg days after the parties agree they cannot resolve the dispute 2 The respondmg party shall have five (5) working days to respond in writing to the requesting party's statement This response will be sent to both the Contracts Office and the requesting party 3 The Contracts Office shall review the wntten statements of the parties and reply in writmg to both parties within ten (10) working days The Contracts Office may extend this period if necessary by notifying the parties 4 The decision of DOL's Contracts O�ce shall be final and conclusive unless, within five (5) working days from the date DOL maded the decision, the Contractor requests a dispute panel This request must be in writing to DOL's Contracts Office 5 If a dispute panel is requested, DOL and the Contractor shall each appoint a member to the dispute panel within five (5) working days DOL and the Contractor shall �o�ntly appomt a third member to the dispute panel within the next five (5) working days 6 The dispute panel shall review the written descriptions of the dispute, gather additional mformation as needed, and make a decision on the dispute within 60 calendar days with the maJority prevailmg The parties agree the decision of the dispute panel shall be final and bmding 25. TERMINATION FOR DEFAULT 1 If the Contractor violates any material term, condition or requirement of this Contract or fails to provide required mformation or documents, DOL may give the Contractor written notice of the violation 2 The Contractor will correct the violation withm fifteen (15) days or as otherwise mutually agreed on in writing If the violation is not corrected, DOL may, at its sole discretion, immediately terminate this Contract by written notice to the Contractor Upon termination, the Contractor shall be liable for damages as authorized by law 3 If a Contractor is found to be in violation of any applicable RCWs, WACs, laws and statutes cited or are applicable to this Contract, DOL may immediately terminate this Contract In accordance with RCW 42 56 and RCW 46 12 390, each violation may constitute a gross misdemeanor punishable by a fine not to exceed Ten Thousand dollars ($10,000), or by imprisonment in a county �ail not to exceed one (1) year, or both for each violation Fde Name K4148 Page 8 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 4 The Department shall suspend or revoke for up to five (5) years the privilege of obtaining Data if Contractor is found to be in violation of RCW 46 12 390 5 In the absence of an actual delivery to Contractor and receipt by Contractor to DOL by mail or other means at an earlier date and/or time, notice of default or not�ce of termination shall be conclusively deemed to have been delivered to, and received by Contra�tor, as of midn�ght of the third (3`�) day followmg the date of its posting in the United States mail 26. TERMINAT►ON FOR CONVENIENCE Either party has the right to terminate the Contract by giving written notice to the other party at least five (5) working days before the effective date of termination If this Contract ►s so termmated, DOL �s entitled to payments required under terms of this Contract for services rendered prior to termination Wntten notice may include, but is not limited to notice provided by United States Postal Service (USPS), email or FAX 27. TERM/NATION PROCEDURE Upon termination of this Contract, in addition to any other rights prov�ded m this Contract, DOL may require the Contractor to deliver to DOL any property specifically produced or acquired for the performance of any part of this Contract which has been terminated Fadure to agree with such determination shall be a dispute within the meaning of the Disputes clause of this Contract The rights and remedies of DOL provided in the Disputes clause shall not be exclusive and are in addition to any other nghts and remedies provided by law or under this Contract After receipt of a notice of termmation, and except as otherwise directed by DOL's Contract Manager, the Contractor shail a Place no further orders for SDT files, b Settle all outstanding liabdities and ail ciaims arising out of such termmation, with the approval or ratification of DOL's Contract Manager to the extent required, which approval or ratification shall be final for all the purposes of the Termination Procedure clause, and c Take such action as may be necessary, or as DOL's Contract Manager may direct, for the protection and preservation of the property related to this Contract which is in the possession of the Contractor and m which DOL has an interest 28 UNDERPAYMENTS AND ASSERTION OF LIEN In the event DOL establishes underpayments or erroneous payments made by the Contractor under this Contract, DOL may secure payment, plus interest to be determined if any, through the filing of a lien against the Contractor's real property, and/or by requirmg the posting of a bond, assignment of deposit, and/or some other form of secunty acceptable to DOL 29. WAIVER Unless the Contract is amended m writing by an authonzed representative of DOL, waiver of a Default under this Contract, or failure by DOL to exercise its rights shall not • be considered a modification or amendment to the Contract, or • constitute a waiver of any subsequent Default 30. PUBLICITY The Contractor agrees to submit to DOL prior to use Ftle Name K4148 Page 9 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 • all advertising, sales promotions, publicity or solicitation of sub�ect matters, that represents DOL's �udgment, • or contains or specifically mentions DOL's name or • any information retating to or obtained in this Contract The Contractor agrees not to publish, email, distribute in any manner or use in any way such advertising, sales promotions and publicity or solicitations without the prior written consent of DOL DOL reserves the right to review and place the followmg disclaimer on all related work published beyond the scope of this Contract The Wash�ngton State Department of L�censing as publ�c servants has a responsibd►ty to ma►ntam fhe protect�on and secunty of the publ►c's personal ►nformation The content of this publicat�on does not necessanly reflect the v►ew or polic►es of the Wash►ngton State Department of L►cens�ng, nor does the mention of trade names, commerc►a/ products, or organ►zations ►mp/y endorsement by the state of Wash►ngton 31. PERFORMANCE MONITOR/NG REPORT The DOL Contract Manager may evaluate Contractor utilization of Data and/or compliance with submission of required or requested forms and/or documents, security practices, etc , and at anytime during the terms of this Contract and/or at Contract completion, and at least once a year An annual evaluation may be conducted on a date which accommodates DOL's particular needs and may cover a period ending with a date established by DOL DOL may utilize the standardized Performance Mon�tonng Report, Attachment H and/or supplement the process with special performance factors peculiar to the specific contractual needs Each evaluation shall include an assessment of the Contractor's efforts toward fulfilling any requirements necessary for the Contractor's contmued receipt of DOL Data (i e submission of required or requested forms and/or documents, security practices, etc ) The form is designed to aid the DOL Contract Manager m contract management, referrals, clanfy Contractor's duties and DOL expectations, and inform Contractors of their strengths and weaknesses 32 CONTRACTOR'S PROPRIETARYINFORMATION The Contractor acknowledges DOL is sub�ect to chapter 42 56 RCW, the Public Records Act and this Contract shall be a public record as defined in RCW 42 56 040 through 42 56 550 Any specific information submitted to DOL and claimed by the Contractor to be confidential or proprietary, must be clearly identified as such by the Contractor To the extent consistent with chapter 42 56 RCW, DOL shall maintain the confidentiality of all such mformation marked confidential or proprietary If a request is made to view the Contractor's propnetary information and DOL intends to release the information, DOL will notify the Contractor of the request and notify the Contractor of the date records will be released to the requester It will be the responsibdity of the Contractor to obta�n any necessary court order en�oining that disclosure by the stated release date If the Contractor fails to obtain the court order en�oining disclosure, DOL will release the requested information 33 ASSURANCES DOL and the Contractor agree all activity pursuant to this Contract will be in accordance with all applicable current or future federal, state and local laws, rules, and regulations File Name K4148 Page 10 of 23 12/12/12 General Terms 8� Conditions, Attachment A DOL AGREEMENT No K4148 34. COVERNANCE This Contract shall be construed and mterpreted m accordance with the laws of the state of Washmgton and the venue of any action brought under this Contract shall be in the Superior Court for Thurston County 35 ORDER OF PRECEDENCE In the event of an inconsistency in this Contract, unless otherwise provided in this Contract, the inconsistency shall be resolved by giving precedence in the following order 1 Applicable Federal and Washington State Statutes and Regulations, 2 Specia/ Terms & Condit�ons as contained in this basic Contract, 3 General Terms & Cond�t�ons, Attachment A, 4 Statement of Work, Attachment B, Fde Layout, Attachment C, Reimbursement Fee Schedule, Attachment D, 5 Cert►�cation of Data Drsposit�on, Attachment E, Cert�ficat�on of Data Secunty, Attachment F, Appropnate Use Declaration, Attachment G, Performance Mon�tonng Report, Attachment H, and the signed Veh►cle/Vesse/ D�sclosure Agreement Appl�cat�on and the /n►t►a/ Cert�fication of Data Secunty 6 Any other provisions of this Contract incorporated by reference or otherwise 36 SEVERABILITY If any provision of this Contract or any provision of any document mcorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Contract which can be given effect without the invalid provision, or part thereof if such remamder conforms to the terms and requirements of applicable law and the intent of this Contract, and to this end the prov�sions of this Contract are declared to be severable 37. MEMO OF UNDERSTAND/NG (MOU) Any communications that either Contract Manager determined to address more than day-to-day concerns, but do not modify the terms of this Contract, shall be documented by a wntten, numbered Memo of Understand�ng 38 CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be responsible for and shall be the contact person for all communications and bdlings regarding the performance of this Contract The Contractor is required to notify the DOL Contract Manager in writing withm thirty (30) days of changes to contact information, business mailing address, name, or ownership accord�ng to Assignabdity clause Fadure to appropriately make written notification may result in a disruption in transactions for which DOL will not be liable or result in the termination of this Contract Contractor Contract Mana er DOL Contract Mana er is: Dawn Nelson Jennifer Dana, Assistant Administrator Bremerton Municipal Court Department of Licensing 550 Park Ave Records and Program Management Bremerton WA 98337 Post Office Box 2076 Phone 360-473-5242 Olympia, Washington 98507-2076 Facsimile 360-473-2562 Phone 360-902-3673 E-Mail dawn nelson@ci bremerton wa us Facsimde 360-570-7861 E-Mail ledana@dol wa gov Fde Name K4148 Page 11 of 23 12/12/12 Generai Terms & Conditions, Attachment A DOL AGREEMENT No K4148 39 ALL WRITINGS CONTAINED HERE/N This Contract cons�sts of 23 pages including the following attachments A = General Terms & Conditions B = Statement of Wock C = File Lay Out D = Reimbursement Fee Schedule E = Certification of Data Disposition F = Certification of Data Secunty G = Appropriate Use Declaration H = Performance Morntoring This Contract sets forth m full all terms and conditions agreed upon by the parties Any other agreement, representation, or understandings, verbal or otherwise, regardmg the sub�ect matter of this Contract shall be deemed to be null and void and of no force and effect whatsoever 40 IN WITNESS WHEREOF, the parties attest that they have the authority to bind both parties and have executed this Contract Bremerton Municipal Court State of Washington Department of Licensing �D�t2•�g•l2 (Signature) �� (Date) Stullick, ( ate) acdities & Procurement Administrator Dt�� 1'�t�snr� - Cour-� (Print Name & Title) �m�� f� APPROVED AS TO FORM ONLY 91-6001231 (Federal Tax Identification Number) Sianature on Fde April 27. 2011 Susan Pierini, (Date) Assistant Attorney General (Washington State UBI Number) Fde Name K4148 Page 12 of 23 12/12/12 General Terms & Conditions, Attachment A DOL AGREEMENT No K4148 ATTACHMENT B STATEMENT OF WORK 41 CONTRACTOR SHALL 1 Prior to the execution of this Agreement, Contractor shall provide DOL with a Subscnber Roster of all parties that receive confidential information or those who receive any type of data compded by contractor using confidential data obtamed from DOL Roster shall be formatted in Microsoft Word or Excel the Roster must contam data sets for each Subscnber that includes, a legal name, and address, b contact name with emad and telephone number, c description of how each Subscnber wdl use Data received d Contractor shall maintain copies of rosters until termination of this Agreement 2 DOL reserves to nght to request Subscriber Rosters for all Subscribers regardless of the data they receive Unless otherwise specified upon any future requests provide to DOL withm five (5) business days of the request a copy of all Subscriber Agreements regardless of the data the Subscriber receives and an updated SubscnberRosterthat �dentifies the date of any and all new SubscnberAgreements and �ncludes Subscnber use of Data 3 Provide to DOL the names and addresses of all the Contractors subsidiaries and other DBA's (doing business as) as defined herem 4 Provide to DOL at no charge the following b samples of all services performed or provided, c copies of work products provided or is produced for anyone as a result of data obtained from DOL, and includes any publications, analysis conducted, and/or conclusions of all related research performed outside of the scope of this Agreement, and DOL reserves the nght to receive a detailed briefing of approximately 1 to 2 hours in length on any analysis of services, products and/or findings, and is to be provided withm thirty (30) calendar days of execution and periodically upon request 5 Failure to do provide DOL with requested samples of all services, products provided or produced may result in termination for default 42. PROHIBITED USE OF INFORMATION Unless otherwise required by law, any personal vehicle/vessel owner information or any part thereof received through this Contract by the Contractor or its Subscribers shall not a Be furnished to any person, association, or organization for any private, personal or Commercial Purpose other than is permitted in this Contract b Be disclosed, sold, published, or otherwise distributed for commercial, personal or pnvate use, shall not be used for madmg purposes, or to make unsolicited business contacts with individuals named for any reason c Make false representation to obtain any Personal Information from an individual vehicle/vessel record from DOL File Name K4148 Page 13 of 23 12/12/12 Statement of Work, Attachment B DOL AGREEMENT No.K4148 d Use m any manner the registered and legal owner names and addresses provided to Contractor to produce, formulate, or compde statistical, analytical or any other type of report or documents 43. PERMISSIBLE USE OF DATA Contractor agrees that it wiil not use Data for any other purposes than described herein and all other uses are stnctly prohibited The Data provided by DOL shall be used and accessed ONLY for the limited purposes of carrying out activit�es pursuant to this Contract as described herein Contractor is responsible to ensure that no commercial use or vanations of use are permitted According to the Vehicle/Vessel Disclosure Agreement Application submitted by the Contractor the permissible, business need for the Data is Obtaining and verify registered owner information associated with a license plate, to determine if there was a different owner at the time of a citation in case of disputes, notification of parking citations, delinquent notices for collection, general correspondences on court action pendmg on the vehicle 44. DESCR/PTION OF DATA DOL shall provide vehicle and/or vessel information as contained in F�le Lay Out, Attachment C DOL reserves the nght to edit, add, delete or change any data field contamed in the Fde Lay Out as DOL considered necessary to the functions of DOL or as applicable to comply with federat and state laws, without notice to the Contractor 45. LISTS OF REGISTERED AND LEGAL OWNERS OF MOTOR VEHICLE In addition to any other authonty which it may have, the department of licensmg may furnish lists of registered and legal owners name and addresses of motor vehicles ONLY for the purposes specified m this section to (1) manufacturers of motor vehicles, respecting safety-related defects in motor vehicles, (2) Any governmental agency only in connection with the enforcement of motor vehicle or traffic laws, safety (3) A commercial parking company for notification of outstanding parking violations (4) An authorized agent or contractor of the department, to be used only m connection with providing motor vehicle excise tax, licensing, title, and registration information to motor vehicle dealers (5) Any busmess regularly making loans to other persons to finance the purchase of motor vehicles, to determine ownership of specific vehicles for the purpose of determining whether or not to provide such financmg (6) A toll facility to identify toll violators Where both a mailmg address and residence address are recorded on the vehicle record and are different, only the mailing address will be disclosed Both addresses will be disclosed in response to requests for disclosure from courts, law enforcement agencies, or government entities with enforcement, investigative, or taxing authority and onfy for use in the normal course of conducting their business If a list of registered and legal owners of motor vehicles is used for any purpose other than that authorized in this section, the manufacturer, governmental agency, Fde Name K4148 Page 14 of 23 12/12/12 Statement of Work, Attachment B DOL AGREEMENT No K4148 commercial parking company, authorized agent, contractor, financial mstitution, toll facdity operator, or their authorized agents or contractors responsible for the unauthonzed disclosure or use will be denied further access to such information by the department of licensmg and will result in immediate termination of th�s Contract. 46 DATA CLASSIFICATION DECLARATION Data descnbed in this Contract is assessed to be in the follow�ng data classificat�on ❑ Category 1 — Public Information a Public information is information that can be or currently is released to the public It does not need protection from unauthorized disclosure, but does need integrity and availability protection controls ❑ Cateqorv 2 — Sensitive Information b Sensitive information may not be specifically protected from disclosure by law and is for official use only Sensitive information is generally not released to the public unless specifically requested � Category 3 — Confidential Information a Confidential Information is information that is specifically protected from disclosure by law It may include but is not limited to b Personal Information about individuals, regardless of how that information is obtained c Information concerning employee personnel records d Information regardmg IT infrastructure and security of computer and telecommunications systems ❑ Cateaorv 4— Confidential Information Reauiring Sqecial Handimq a Confidential Information requiring special handling is mformation that �s specifically protected from disclosure by law and for which b Especially strict handling requirements are dictated, such as by statutes, regulations, or agreements c Senous consequences could anse from unauthonzed disclosure, such as threats to health and safety, or legal sanctions 47. ACCESS TO DATA Method of Access/Transfer Once an established SDT connection with the host computer at Contractor location is confirmed, DOL will provide Data listed in File Lay Out, Attachment C, to Contractor DOL shail not be liable for any delays in furrnshing information under this Contract nor shall DOL be liable for any errors, which occur m compilation of information ❑ Secure File Transfer Protocol (SFTP) � Fde Transfer Protocol (FTP) — restrictions apply ❑ Web Service Interface ❑ Web Service Fde Delivery ❑ Facsimde (exceptions only) ❑ Other FED EX (with ID and return receipt required Fr�auencv of Data Exchanae Repet�t�ve DOL will provide data multiple times daily or at times which are dependent upon DOL's receipt of the inbound record file or as mutually agreed upon (Or additional dates upon request, additional fees apply) Authonzed Access to Data Contractor shall maintain a record of those who have authorized access to DOL Data, and ensure all authonzed users maintain confidentiality of Data in addition to measures instituted by Contractor, Contractor shall also Require each authorized user to execute a copy of the Appropnate Use Declaration (AUD), Attachment G, Fde Name K4148 Page 15 of 23 12/12/12 Statement of Work, Attachment B DOL AGREEMENT No K4148 Maintain executed AUDs at the Contractor's place of bus�ness, and, Provide a copy of all executed AUDs within three (3) business days after receiving a request from DOL 48. SECURITY OF DATA Contractor shall protect the Data from unauthorized physical and electronic access whde it is in motion and at rest, as described below 1 E/ectron�c Access Contractor shail ensure electronic access is authonzed using individual accounts, hardened passwords and require changmg of passwords at least every 120 days 2 Encrvption and Decrvation When applicable, Contractor shall furrnsh encryption and decryption software compatible with DOL's software to ensure security and confidentiality, (when using SDT process or Confidential Information received is in motion or at rest) 3 Apply Secuntv Patches Contractor shall be ddigent m the timely installation of security patches for all information technology assets, hosts and networks that process DOL Data, including, but not limited to, secunng computers and installmg update patches 4/T Secuntv Po/�c►es and Procedures Contractor shall maintain and enforce information technology security policies and procedures consistent with this Contract, and provide an electronic copy to DOL upon request withm three (3) busmess days Contractor's information technology secunty policies and procedures shall include a computer �nadent response policy and procedure and annual security training to its employees 5 Protect�on/Intrus�on Dev�ces All Contractors' informat�on technology assets that store/process DOL Data shall be physically secured from unauthorized access Contractor shall employ adequate devices such as Intrusion Protection (IPS) and Intrusion Detection (IDS) devices and system log morntonng to ensure unauthonzed users cannot access Contractor information technology assets in a manner that allows DOL Data to be compromised 6 Penod�c Vu/nerabil�tv Scann►nq and Penetration Test�n� Contractor shall periodically scan information technology hosts and networks that process DOL Data for vulnerabdities to exploitation This is a utdity that wdl look at your system to determine if there are weaknesses 7 Se/f Audits a Contractor agrees to conduct annuai internal and independent audits to include but not be limited to the review of Contractor's 1) data protection, 2) access and appropnate use, 3) secunty measures, 4) data recipients and Subscriber review These audits shall be conducted at no cost to DOL and are solely at the Contractor's expense b The Contractor must provide DOL with cop�es of each annual internal and independent audit and the results of each annual internal and mdependent audit within thirty (30) days of audit compietion and upon request c Contractor agrees to require or to conduct annual internal and independent audits of ail Subscribers audits are to include but not be limited to the review of Subscnber's 1) data protection, 2) access and appropriate use, 3) security measures, 4) data recipients These audits shall be conducted at no cost to DOL and are solely at the Contractor's or Subscriber's expense The Contractor must provide DOL with copies of each audit and the results within thirty (30) days of audit completion and upon request Contractor must terminate Subscnbers when audit fails d Contractor must keep for a period of five (5) years records identifymg each individual or entity that receives information and the permitted purpose for which the information wdl be used and must make such records available to the DOL upon request (As required by the DPPA) File Name K4148 Page 16 of 23 12/12/12 Statement of Work, Attachment B DOL AGREEMENT No K4148 e All annual internal and independent audits are to be conducted no later than one (1) year from the date of execution of this Contract and annualiy thereafter or as mutually agreed on m writing, untd Contract is expired or is terminated 49. CERTIFCIATION OF DATA SECURITY Contractor shall send a signed original Cert�fication of Data Secunty to DOL's Contract Manager with the signed Contract The Certificat►on of Data Secunty, Attachment F is a written ver�fication the Contractor has met all data security requirements and will continued to meet them for the duration of the Contract as described herem 50. DATA DISPOSITION Usmg the Cert�fication of Data Drspos�t�on, Attachment E, and Contractor shall certify destruction of all Data sets as descnbed herem upon expiration or termmation of this Contract, and shall retain no copies Data shall be destroyed so it cannot be recovered in any way a If the parties mutually determme that destruction is not feasible, Contractor shall not use the Confidential Information in a manner other than those permitted or authorized by state and federal laws Mutual determination of such shall be documented and descnbed in a Memo of Understand�ng signed by both parties b If the Contractor is a government agency, and is exempt from the requirements of this section by statutes, and the parties have mutually determined that return or destruction is not feasible Contractor shall adhere to its reqwred retention schedule 51 TERMINATION OF ACCESS Either party may at its discretion disqualify an individual authonzed by the Contractor from gaining access to Data Notice of termination of access wdl be by written not�ce and become effective upon receipt, and a copy of such notice shail be provided to DOL Termination of access of one individual by either party does not affect other individuals authorized under this Contract 52 SURVIVORSHIP All transactions executed pursuant to the authonty of this Contract shall be bound by all of the terms, conditions, pnces and price discounts set forth herein, notwithstanding the expiration of the initial term of this Contract or any extension thereof Further, the terms, conditions and warranties contained in this Contract that by their sense and context are intended to survive the completion of the performance, cancellation or termmation of this Contract shall so survive In addition, the terms of the sections titled Subcontractors, Subscnbers, Indemn�ficat�on and Hold Harmless, Lim�tat�on of States Liabil�ty, Records, Documents and Reports, Confident►al►ty, Safeguardmg of Personal Informat�on, R►ghts of /nspect�on, D�sputes, Underpayment and Assert�on of Lien, Publ�c►ty, Contractors Propnetary /nformat�on, Order of Precedence, Severabd►ty, Statement of Work (m �ts entirety), All Attachments (A, B, C, D, E, F and H), Any /ncorporated Documents and shall survive the termination of this Contract Fde Name K4148 Page 17 of 23 12/12/12 Statement of Work, Attachment B ATTACHMENT C FILE LAY OUT DOL AGREEMENT No K4148 Department of Licensmg shall provide to the Contractor vehicle and/or vessel Data contained in DOL records database using the mutually agreed upon file lay out below INPUT RECORD DESCRIPTION Field Descnption PIC Bytes Position License Plate X 7 1 User Field X 2 8 Total Length 9 OUTPUT RECORD DESCRIPTION Field Descnption Data Base Name PIC Bytes Position License Plate V-PLATE-B X 7 1 Vehicle Identification Number V-VIN X 17 8 Series Body V-SERIES-BODY X 8 25 Model Year (ccyy) V-YR 9 4 33 Make V-MAKE X 5 37 Title Transfer Date (Auditors Stamp Date)(ccyymmdd) V-TTL-TRANSFER-DT 9 8 42 Stolen Fiag V-TAH-STOLEN 9 1 50 Report of Sale Flag V-REJ-SALE 9 1 51 Report of Sale Date (ccyymmdd) V-ROS-DATE 9 8 52 Registered Owner Name Count V-REG-NAME-CNT 9 1 60 Registered Owner NamefAddress 1 V-NA-1 X 30 61 Registered Owner Name/Address 2 V-NA-2 X 30 91 Registered Owner Name/Address 3 V-NA-3 X 30 121 Registered Owner Name/Address 4 V-NA-4 X 30 151 Registered Owner Name/Address 5 V-NA-5 X 30 181 Registered Owner Name/Address 6 V-NA-6 X 30 211 Registered Owner City V-CITY X 24 241 Registered Owner State V-STATE X 2 265 Registered Owner Zip Code V-ZIP X 9 267 Model V-VINA-MODEL-CODE X 3 276 Body Style V-VINA-BODY-TYPE-CODE X 2 279 Addit�onal Registered Owner Indicator V-GEG-MORE-ID-DATA 9 1 281 User Field X 2 282 Total Length 283 Fde Name K4148 Page 18 of 23 12/12/12 Fde Layout, Attachment C DOL AGREEMENT No K4148 ATTACHMENT D REIMBURSEMENT FEE SCHEDULE 53. REIMBURSEMENT Contractor shall pay DOL for direct and indirect costs in the amount of $127 15 month for the access to Data, and in accordance with the Re�mbursement Fee Schedu/e, outline below DOL's monthly direct and indirect costs apply regardless of the transmittal of data 1 Contractor will be provided an mitial invoice for the one time set up fee, as described below (if applicable, i e new contract) 2 Contractor shall be mvoiced for ongoing, direct and indirect costs for providmg monthly production and maintenance of DOL Data, untd termination of this Contract D►rect costs Direct costs shall include, but are not limited to, all operating, equipment and personnel costs used to furnish the Data, reruns and/or additional Data runs, costs materials and Data mtegrity costs directly related to the monthly production and maintenance of these Data files Indirect costs Shall mclude, but are not limited to, enforcement of unauthorized mail, auditing, answering complamts, correspondence, administrative overhead, building rents, related utilities, and other expenses identified as indirect costs by DOL REIMBURSEMENT FEE SCHEDULE 1 Costs and Set-up Fees Cost DOL Monthly Direct and Indirect costs $ 127 15 2 Annual Costs Annual costs $ 1,525 80 3 Addd�onal Fees Hourly Rate Cost Requests for additional data runs or reruns $ 47 99 TBD Cost as of 42009 54. ADDITIONAL DATA RUNS OR RERUNS Requests from Contractor for Data runs at frequencies or dates not already agreed upon within this Contract will require additional fees Each additional data run or rerun will be billed at a rate of $ 47 99 per hour and the total cost will be determined based on the hours required to provide the mformation Ftle Name K4148 Page 19 of 23 12/12/12 Fee Schedule, Attachment D ATTACHMENT E CERTIFICATION OF DATA DISPOSITION DOL AGREEMENT No.K4148 Date of Disposition Data disposition methods used upon expiration or termination of this Contract (select all that apply). � CHECK THE APPROPRIATE BOX ❑ All copies of any Data sets related to this Contract have been deleted from all data storage systems and media so it cannot be recovered in any way ❑ All on-Ime access accounts related to this Contract have been deleted ❑ All pnnted and hard copy materials and all computer media containing any Data related to this Contract have been destroyed so it cannot be recovered in any way ❑ All copies of any Data sets related to this Contract shall be retained for purposes stated herein for a period of time not to exceed (e g one vear etc ) , after which all Data shall be destroyed so it cannot be recovered in any way ❑ The parties have mutually determined that retum or destruction is not feasible, and mutual determination is outlined in the attached MOU Contractor agrees to only use the Confidential Information as authorized herem and by state and federal laws � Contractor is a government agency, and is exempt from the requirements of this section by statutes, and the parties have mutually determined that return or destruction is not feasible Contractor shall adhere to its required retention schedule I hereby certify, by signature below, the data disposition requirements as provided in DOL Contract No. K4148 have been fulfilied as indicated above. Bremerton Murncipal Court (Signature) (Date) (Pnnt Name) (Title) (Area Code & Phone Number) Fde Name K4148 Page 20 of 23 12/12/12 Certification of Data DisposiUon, Attachment E DOL AGREEMENT No K4148 ATTACHMENT F CERTIFICATION OF DATA SECURITY DATA SECURITY By checking the boxes below, the Contractor is providing certification that it has met and wdl continue to meet all data secunty requirements for the duration of the Contract, as described in this Contract If a standard has/is not bemg monitored or adhered to, or Contractor believes the standard is not applicable, Contractor must provide an explanation for non-compliance below � Electrornc Access � Encryption and Decryption � Apply Vendor Security Patches � IT Security Policies and Procedures � Protection/Intrusion Devices � Periodic Vulnerabdity Scanning and Penetration Testing �j Self Audits Ex lanation re uired for an St8nd8�ds NOT CheCk ma�ked (Attach addibonai pages if necessa > I certify under penalty of per�ury under the laws of the state of Washington all of the information on this Certification of Data Security is true and correct Bremerton Municipal Court � � Q1�c�ci �2.J�? 5� �Iar-k qve G �1 E DATE ADDRESS ��11�[¢a�r7 �c�on, W�4 9533? PRINT NAME CITY STATE _COU� pCl�ni niS'�'r�'�f' Munic.i al"'�r.r �{sa� TITLE LOCATION / OUNTY 'T Fde Name K4148 Page 21 of 23 12/12/12 Certification of Data Secunty, Attachment F DOL AGREEMENT No K4148 ATTACHMENT G APPROPRIATE USE DECLARATION As authorized by Washmgton State Attorney General's Office — Criminal Justice Division, I attest that I am an authorized user of Data provided by the Washington State Department of Licensing (DOL) and I shail 1) Ensure the confidentiality and privacy of ali information I have access to, and, 2) Use the information ONLY as permitted by DOL I understand the ONLY Permissible Use of data provided to Contractor by the Washington State Department of Licensing is limited to Obtaining and verify registered owner mformation associated with a license plate, to determine if there was a different owner at the time of a citation in case of disputes, notification of parking citations, delinquent notices for collection, generai correspondences on court action pending on the vehicle I further understand DOL may review activities of any person who receives vehicle/vessel record Data to ensure compiiance with limitations imposed on the use of the information The Department shall suspend or revoke for up to five (5) years the privdege of obtaining mformation of a person found to be in violation of chapter 42 56 RCW, or this Contract executed with DOL and the Contractor I understand misuse of th�s information �s a gross misdemeanor and is personally punishable by a fine not to exceed $10,000 or by imprisonment in a county Jail not to exceed one year, or both such fine and imprisonment for each violation. (RCW 46.12.390) (PRINT) EMPLOYEE NAME & TITLE X EMPLOYEE SIGNATURE DATE (PRINT) SUPERVISOR NAME & TITLE X SUPERVISOR SIGNATURE DATE Do not return this form to DOL The signed original of this declaration must be kept on file by the Contractor and made available to DOL upon request (Duplicate this form as needed) We are comm�tled to prowdmg equal access to our sennces If you neetl accommodahon please call (360) 902 3673 or TTY (360) 664-0116 Fde Name K4148 Page 22 of 23 12/12/12 Appropnate Use Declaration, Attachment G