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