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HomeMy WebLinkAboutMOU DAVID Sys_FDHSMV_City_Contract No. 0020-20_7-25-19 DocuSign Envelope ID:8D71A389-A662-4677-9FDA-E19F44DADBE9 FLORIDA MEMORANDUM OF UNDERSTANDING FOR GOVERNMENTAL ENTITY ACCESS TO wt.,MX!WC.R��, DRIVER AND VEHICLE INFORMATION DATABASE SYSTEM (DAVID) Contract Number HSMV- 0020-20 This Memorandum of Understanding (MOU) is made and entered into by and between City Of Cape Canaveral hereinafter referred to as the Requesting Party, and the Florida Department of Highway Safety and Motor Vehicles, hereinafter referred to as the Providing Agency, collectively referred to as the Parties. I. purpose The Providing Agency is a government entity whose primary duties include issuance of motor vehicle and driver licenses, registration and titling of motor vehicles, and enforcement of all laws governing traffic, travel, and public safety upon Florida's public highways. In carrying out its statutorily mandated duties and responsibilities, the Providing Agency collects and maintains personal information that identifies individuals. This information is stored in the Department's Driver and Vehicle Information Database system, commonly referred to as "DAVID." Based upon the nature of this information, the Providing Agency is subject to the disclosure prohibitions contained in 18 U.S.C. §2721, the Driver's Privacy Protection Act (hereinafter "DPPA"), Section 119.0712(2), Florida Statutes, and other statutory provisions. The Requesting Party is a government entity operating under the laws and authority of the state of Florida and/or operating under Federal laws. As a government entity, the Requesting Party may receive personal information from DAVID under the government agency exception provided in DPPA as indicated in Attachment I. The Requesting Party utilizes DAVID information for the purposes of carrying out its statutorily mandated duties and functions. This MOU is entered into for the purpose of establishing the conditions and limitations under which the Providing Agency agrees to provide electronic access to DAVID information to the Requesting Party. Use of the data by Requesting Party shall only be for a lawful purpose. II. Definitions For the purposes of this Agreement, the below-listed terms shall have the following meanings: A. DAVID — The Providing Agency's Driver and Vehicle Information Database system that accesses and transmits driver and vehicle information. B. Driver License Information — Driver license and identification card data collected and maintained by the Providing Agency. This information includes personal information as defined below. C. Emergency Contact Information (ECI) — Information contained in a motor vehicle record listing individuals to be contacted in the event of an emergency. Emergency contact information may be released to law enforcement agencies through the DAVID system for purposes of contacting those listed in the event of an emergency, as noted in Section 119.0712 (2)(c), Florida Statutes. D. Driver Privacy Protection Act (DPPA) — The Federal Act (see, 18 United States Code § 2721, et seq.) that prohibits release and use of personal information except as otherwise specifically permitted within the Act. Page 1 of 9 DAVID(Government Entity)Data Exchange MOU(Rev 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 E. Government Entity — Any non-law enforcement agency of the state, city or county government and all Federal agencies,which may include Federal law enforcement agencies. F. Insurance Record — Insurance information, such as Insurance Company name, policy type, policy status, insurance creation and expiration date provided to the Requesting Party, pursuant to Section 324.242(2), Florida Statutes. G. Parties-The Providing Agency and the Requesting Party. H. Personal Information — As described in Chapter 119, Florida Statutes, and information found in the motor vehicle record which includes, but is not limited to, the subject's driver identification number, name, address, telephone number, social security number, medical or disability information, and emergency contact information. I. Point-of-Contact(POC)-A person(s) appointed by the Requesting Party as the administrator of the DAVID program in their agency. J. Providing Agency-The Florida Department of Highway Safety and Motor Vehicles. The Providing Agency is responsible for granting access to DAVID information to the Requesting Party. K. Quarterly Quality Control Review Report — Report completed each quarter by the POC to monitor compliance with this agreement. The following must be included in the Quarterly Quality Control Review Report: 1. A comparison of the DAVID users by agency report with the agency user list; 2. A listing of any new or inactivated users since the last quarterly quality control review; and 3. Documentation verifying that usage has been internally monitored to ensure proper,authorized use and dissemination. L. Requesting Party - Any Government entity that is expressly authorized by Florida Statutes and DPPA to receive personal information contained in a motor vehicle record maintained by the Providing Agency. M. Vehicle Information — Title and registration data collected and maintained by the Providing Agency for vehicles. III. Legal Authority The Providing Agency maintains computer databases containing information pertaining to driver's licenses and vehicles pursuant to Chapters 317, 319, 320, 322, 328, and Section 324.242(2) Florida Statutes. The driver license and motor vehicle data contained in the Providing Agency's databases is defined as public record pursuant to Chapter 119, Florida Statutes, and as such, is subject to public disclosure unless otherwise exempted by law. As the custodian of the state's driver. and vehicle records, the Providing Agency is required to provide access to records permitted to be disclosed by law, and may do so by remote electronic means, pursuant to Sections 119.0712(2), 320.05, 321.23, 322.20, and 324.242(2), Florida Statutes, and applicable rules. Under this MOU, the Requesting Party will be provided, via remote electronic means, information pertaining to driver licenses and vehicles, including personal information authorized to be released pursuant to Section 119.0712(2), Florida Statutes and DPPA. By executing this MOU, the Requesting Party Page 2 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 agrees to maintain the confidential and exempt status of any and all information provided by the Providing Agency pursuant to this agreement and to ensure that any person or entity accessing or utilizing said information shall do so in compliance with Section 119.0712(2), Florida Statutes and DPPA. In addition, the Requesting Party agrees that insurance policy information shall be utilized pursuant to Section 324.242(2), Florida Statutes. This MOU is governed by the laws of the state of Florida and jurisdiction of any dispute arising from this MOU shall be in Leon County, Florida. IV. Statement of Work; A. The Providing Agency agrees to: 1. Allow the Requesting Party to electronically access DAVID as authorized under this agreement. 2. Provide electronic access pursuant to established roles and times, which shall be uninterrupted except for periods of scheduled maintenance or due to a disruption beyond the Providing Agency's control, or in the event of breach of this MOU by the Requesting Party. Scheduled maintenance will normally occur Sunday mornings between the hours of 6:00 A.M. and 10:00 A.M. 3. Provide an agency contact person for assistance with the implementation and administration of this MOU. B. The Requesting Party agrees to: 1. Utilize information obtained pursuant to this MOU, including Emergency Contact Information (ECI), only as authorized by law and for the purposes prescribed by law and as further described in this MOU. In the case of ECI, such information shall only be used for the purposes of notifying a person's registered emergency contact in the event of a serious injury, death, or other incapacitation. ECI shall not be released or utilized for any other purpose, including developing leads or for criminal investigative purposes. 2. Retain information obtained from the Providing Agency only if necessary for law enforcement purposes. If retained, information shall be safeguarded in compliance with Section V. Safequardinq Information,subsection C. 3. Ensure that its employees and agents comply with Section V. Safequardinq Information. 4. Refrain from assigning, sub-contracting, or otherwise transferring its rights, duties, or obligations under this MOU, without the prior written consent of the Providing Agency. 5. Not share, provide, or release any DAVID information to any law enforcement, other governmental agency, person, or entity not a party or otherwise subject to the terms and conditions of this MOU. 6. Protect and maintain the confidentiality and security of the data received from the Providing Agency in accordance with this MOU and applicable state and federal law. 7. Defend, hold harmless and indemnify the Providing Agency and its employees or agents from any and all claims, actions, damages, or losses which may be brought or alleged against its employees or agents for the Requesting Party's negligent, improper, or unauthorized access, use, or dissemination of information provided by the Providing Agency,to the extent allowed by law. 8. Immediately inactivate user access/permissions following termination or the determination of Page 3 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 negligent, improper, or unauthorized use or dissemination of information. Update user access/permissions upon reassignment of users within five(5) business work days. 9. Complete and maintain Quarterly Quality Control Review Reports as defined in Section II. Definitions. K, and utilizing the form attached as Attachment II. 10. Update any changes to the name of the Requesting Party, its Agency head, its POC, address, telephone number and/or e-mail address in the DAVID system within ten calendar days of occurrence. The Requesting Party is hereby put on notice that failure to timely update this information may adversely affect the time frames for receipt of information from the Providing Agency. 11. Immediately comply with any restriction, limitation, or condition enacted by the Florida Legislature following the date of signature of this MOU, affecting any of the provisions herein stated. The Requesting Party understands and agrees that it is obligated to comply with the applicable provisions of law regarding the subject matter of this Agreement at all times that it is receiving,accessing, or utilizing DAVID information. 12. Timely submit the Attestation and Certification statements as required in Section VI. Compliance and Control Measures, subsections B and C. 13. For Federal Agencies Only: The Requesting Party agrees to promptly consider and adjudicate any and all claims that may arise out of this MOU resulting from the actions of the Requesting Party, duly authorized representatives, or contractors of the Requesting Party, and to pay for any damage or injury as may be required by Federal law. Such adjudication will be pursued under the Federal Tort Claims Act, 28 U.S.C. § 2671, et seq., the Federal Employees Compensation Act, 5 U.S.C. § 8101, et seq., or such other Federal legal authority as may be pertinent. V. Safeauardinp Information The Parties shall access, disseminate, use and maintain all information received under this Agreement in a manner that ensures its confidentiality and proper utilization in accordance with Chapter 119, Florida Statutes, and DPPA. Information obtained under this Agreement shall only be disclosed to persons to whom disclosure is authorized under Florida law and federal law. Any person who willfully and knowingly violates any of the provisions of this section is guilty of a misdemeanor of the first degree punishable as provided in Sections 119.10 and 775.083, Florida Statutes. In addition, any person who willfully and knowingly discloses any information in violation of DPPA may be subject to criminal sanctions and civil liability. The Parties mutually agree to the following: A. Information exchanged will not be used for any purposes not specifically authorized by this MOU. Unauthorized use includes, but is not limited to, queries not related to a legitimate business purpose, personal use, or the dissemination, sharing, copying, or passing of this information to unauthorized persons. B. The Requesting Party shall not indemnify and shall not be liable to the Providing Agency for any driver license or motor vehicle information lost, damaged, or destroyed as a result of the electronic exchange of data pursuant to this MOU, except as otherwise provided in Section 768.28, Florida Statutes. C. Any and all DAVID-related information provided to the Requesting Party as a result of this MOU, Page 4 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 particularly data from the DAVID system, will be stored in a place physically secure from access by unauthorized persons. D. The Requesting Party shall comply with Rule 74-2, Florida Administrative Code, and with Providing Agency's security policies, and employ adequate security measures to protect Providing Agency's information, applications, data, resources, and services. The applicable Providing Agency's security policies shall be made available to Requesting Party. E. When printed information from DAVID is no longer needed, it shall be destroyed by cross-cut shredding or incineration. F. The Requesting Party shall maintain a list of all persons authorized within the agency to access DAVID information, which must be provided to the providing agency upon request. G. Access to DAVID-related information, particularly data from the DAVID System, will be protected in such a way that unauthorized persons cannot view, retrieve, or print the information. H. Under this MOU agreement, access to DAVID shall be provided to users who are direct employees of the Requesting Party and shall not be provided to any non-employee or contractors of the Requesting Party. I. By signing this MOU, the Parties, through their signatories, affirm and agree to maintain the confidentiality of the information exchanged through this Agreement. VI. Compliance and Control Measures A. Quarterly Quality Control Review Report — Must be completed, utilizing Attachment II, Quarterly Quality Control Review Report, within 10 days after the end of each quarter and maintained for two years. B. Internal Control Attestation —This MOU is contingent upon the Requesting Party having appropriate internal controls in place at all times that data is being provided/received pursuant to this MOU to ensure that the data is protected from unauthorized access, distribution, use, modification, or disclosure. The Requesting Party must submit an Attestation Statement from their Agency's Internal Auditor, Inspector General, Risk Management IT Security Professional, or a currently licensed Certified Public Accountant, on or before the third and sixth anniversary of the agreement or within 180 days from receipt of an Attestation review request from the Providing Agency. The Attestation Statement shall indicate that the internal controls over personal data have been evaluated and are adequate to protect the personal data from unauthorized access, distribution, use, modification, or disclosure. The Attestation Statement shall also certify that any and all deficiencies/issues found during the review have been corrected and measures enacted to prevent recurrence. The Providing Agency may extend the time for submission of the Attestation Statement upon written request by the Requesting Party for good cause shown by the Requesting Party. The Attestation Statement must have an original signature of the Agency Head or person designated by Letter of Delegation to execute contracts/agreements on their behalf, and may be sent via U.S. Mail, facsimile transmission, or e-mailed to the Providing Agency's Bureau of Records at the following address: Department of Highway Safety and Motor Vehicles Bureau of Records 2900 Apalachee Parkway, MS 89 Tallahassee, Florida 32399-0500 Fax: (850)617-5168 Page 5 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4677-9FDA-E19F44DADBE9 E-mail:DataListingUnit onflhsmv.gov C. Annual Certification Statement - The Requesting Party shall submit to the Providing Agency an annual statement indicating that the Requesting Party has evaluated and certifies that it has adequate controls in place to protect the personal data from unauthorized access, distribution, use, modification, or disclosure, and is in full compliance with the requirements of this MOU. The Requesting Party shall submit this statement annually, within 45 days after the anniversary date of this MOU. (NOTE: During any year in which an Attestation Statement is provided, submission of the Internal Control Attestation will satisfy the requirement to submit an Annual Certification Statement.) Failure to timely submit a certification statement may result in an immediate review request and, based upon the findings of the review, suspension or termination of Requesting Party's access to DAVID information as indicated in subsection B.,above. In addition, prior to expiration of this MOU, if the Requesting Party intends to enter into a new MOU, a certification statement attesting that appropriate controls remained in place during the final year of the MOU and are currently in place shall be required to be submitted to the Providing Agency prior to issuance of a new MOU. D. Misuse of Personal Information — The Requesting Party must notify the Providing Agency in writing of any incident where determination is made that personal information has been compromised as a result of unauthorized access, distribution, use, modification, or disclosure, by any means, within 30 days of such determination. The statement must be provided on the Requesting Agency's letterhead and include each of the following: a brief summary of the incident; the outcome of the review; the date of the occurrence(s); the number of records compromised; the name or names of personnel responsible; whether disciplinary action or termination was rendered; and whether or not the owners of the compromised records were notified. The statement shall also indicate the steps taken, or to be taken, by the Requesting Agency to ensure that misuse of DAVID data does not continue. This statement shall be mailed to the Bureau Chief of Records at the address indicated in VI.B., above. (NOTE: If an incident involving breach of personal information did occur and Requesting Party did not notify the owner(s) of the compromised records, the Requesting Party must indicate why notice was not provided, for example "Notice not statutorily required".) In addition, the Requesting Party shall comply with the applicable provisions of Section 501.171, Florida Statutes, regarding data security and security breaches, and shall strictly comply with the provisions regarding notice provided therein. VII. Agreement Terra This MOU shall take effect upon the date of last signature by the Parties and shall remain in effect for six (6) years from this date unless sooner terminated or cancelled in accordance with Section IX, Termination. Once executed, this MOU supersedes all previous agreements between the parties regarding the same subject matter. VIII. Amendments This MOU incorporates all negotiations, interpretations, and understandings between the Parties regarding the same subject matter, and serves as the full and final expression of their agreement. This MOU may be amended by written agreement executed by and between both Parties. Any change, alteration, deletion, or addition to the terms set forth in this MOU, including to any of its attachments, must be by written agreement executed by the Parties in the same manner as this MOU was initially executed. If there are any conflicts in the amendments to this MOU, the last-executed amendment shall prevail. All Page 6 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as specified in this MOU. IX. Termination A. This MOU may be unilaterally terminated for cause by either party upon finding that the terms and conditions contained herein have been breached by the other party. Written notice of termination shall be provided to the breaching party; however, prior-written notice is not required and notice may be provided upon cessation of work under the agreement by the non-breaching party. B. In addition, this MOU is subject to unilateral termination by the Providing Agency without notice to the Requesting Party for failure of the Requesting Party to comply with any of the requirements of this MOU, or with any applicable state or federal laws, rules, or regulations, including Section 119.0712(2), Florida Statutes. C. This MOU may also be cancelled by either party, without penalty, upon 30 days' advanced written notice to the other party. All obligations of either party under the MOU will remain in full force and effect during the thirty(30)day notice period. X. Notices Any notices required to be provided under this MOU may be sent via U.S. Mail, facsimile transmission, or e-mail to the following individuals: For the Providing Agency: Chief, Bureau of Records 2900 Apalachee Parkway Tallahassee, Florida 32399 Fax: (850)617-5168 E-mail:DataListingUnit a(�.flhsmv.gov For the Requesting Party: Agency Point-of-Contact listed on the signature page. XI. .• •- '••. •• . •. . _ - . •• •I u • The Parties understand and acknowledge that this MOU entitles the Requesting Party to specific information included within the scope of this agreement. Should the Requesting Party wish to obtain access to other personal information not provided hereunder, the Requesting Party will be required to execute a subsequent MOU with the Providing Agency specific to the additional information requested. All MOU's granting access to personal information will contain the same clauses as are contained herein regarding audits, report submission, and the submission of Certification and Attestation statements. The Providing Agency is mindful of the costs that would be incurred if the Requesting Party was required to undergo multiple audits and to submit separate certifications, attestations, and reports for each executed MOU. Accordingly, should the Requesting Party execute any subsequent MOU with the Providing Agency for access to personal information while the instant MOU remains in effect, the Requesting Party may submit a written request, subject to Providing Agency approval, to submit one of each of the following covering all executed MOU's. Quarterly Quality Control Review Report; Certification; and Attestation; and/or to have conducted one comprehensive audit addressing internal controls for all executed MOU's. The Providing Agency shall have the sole discretion to approve or deny such request in whole or in part or to subsequently rescind an Page 7 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4677-9FDA-E19F44DADBE9 approved request based upon the Requesting Party's compliance with this MOU and/or any negative audit findings. XII. Application of Public Records Law The Requesting Party agrees to comply with the following requirements of Florida's public records laws: 1. Keep and maintain public records required by the Department to perform the service. 2. Upon request from the Department's custodian of public records, provide the Department with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the contract term and following completion of the contract if the contractor does not transfer the records to the public agency. 4. Upon completion of the contract, transfer, at no cost, to the Department all public records in possession of the Requesting Party or keep and maintain public records required by the public agency to perform the service. If the Requesting Party transfers all public records to the Department upon completion of the contract, the Requesting Party shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. If the Requesting Party keeps and maintains public records upon completion of the contract, the contractor shall meet all applicable requirements for retaining public records. All records stored electronically must be provided to the Department, upon request from the Department's custodian of public records, in a format that is compatible with the information technology systems of the Department. IF THE CONTRACTOR HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONTRACTOR'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS CONTRACT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT (850) 617-3101, OGCFiIinq(cflhsmv.gov, PUBLIC RECORDS COORDINATOR, OFFICE OF GENERAL COUNSEL, 2900 APALACHEE PARKWAY, ROOM A432, MS 02, TALLAHASSEE, FL 32399 REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK Page 8 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 IN WITNESS HEREOF, the Parties hereto, have executed this Agreement by their duly authorized officials on the date(s)indicated below. REQUESTING PARTY: PROVIDING AGENCY: Florida Department of Highway Safety and Motor City Of Cape Canaveral Vehicles Agency Name 2900 Apalachee Parkway 100 Polk Ave Tallahassee,Florida 32399 Street Address Suite Cape Canaveral FL 32920 City State Zip Code BY: BY: DocuSigned by: Signature of Authorized Official Sigtetn€fsaf3A tthorized Official David Greene Stephanie Sanford Printed/Typed Name Printed/Typed Name City Manager _ Chief Title Title c�/6 l/ ? 7/25/2019 Da ( / Date d.greene@cityofcapecanaverai.org Official Agency Email Address Phone 321-868-1220 Number Agency Point-of-Contact: David Dickey Printed/Typed Name d.dickey@cityofcapecanaveral.org Official Agency Email Address 321-868-1220/321 -868-1247 Phone Number Fax Number Page 9 of 9 DAVID(Government Entity)Data Exchange MOU(Rev. 11-2016) • DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 ATTACHMENT I FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES Request For Access to Driver And Vehicle Information Database System (DAVID) The Driver's Privacy Protection Act. 18 United States Code sections 2721("DPPA") makes personal information contained in motor vehicle or driver license records confidential and exempt from disclosure.Personal information in a motor vehicle or driver license record includes, but is not limited to,an individual's social security number,driver license or identification number,name,address and,medical or disability information. Personal information does not include information related to driving violations and driver status. Personal information from these records may only be released to individuals or organizations that qualify under one of the exemptions provided in DPPA,which are listed on the back of this form. I am a representative of an organization requesting personal information for one or more records as described below. I declare that my organization is qualified to obtain personal information under exemption number(s) 1,4 ,as listed on page 2 of this form. I understand that I shall not use or redisclose this personal information except as provided in DPPA and that any use or redisclosure in violation of these statutes may subject me to criminal sanctions and civil liability. Complete the following for each DPPA exemption being claimed. (attached additional page,if necessary): DPPA Description of How Requesting Party Description of how Data will be used: Exemption Qualifies for Exemption: To obtain owner information of Claimed: City of Cape Canaveral Code abandoned, inoperable and illegally 1 Enforcement is tasked with parking parked vehicles. enforcement. 4 City Code allows Enforcement penalties of various parking violations. Obtaining personal information under false pretenses is a state and federal crime.Under penalties of perjury,I declare that I have read the foregoing Request For Exempt Personal Information in A Motor Vehicle/Driver License Record and that the facts stated in it are true and correct. City Manager Signature of Authorized Official Title David Greene City Of Cape Canaveral Printed Name Name of Agency/Entity Date Page 1 of 2 (02/2017) DocuSign Envelope ID:8D71A389-A662-4677-9FDA-E19F44DADBE9 Pursuant to section 119.0712(2).F.S..personal information in motor vehicle and driver license records can be released for the following purposes,as outlined in 18 United States Code,section 2721. Personal information referred to in subsection(a)shall be disclosed for use in connection with matters of motor vehicle or driver safety and theft,motor vehicle emissions,motor vehicle product alterations,recalls,or advisories,performance monitoring of motor vehicles and dealers by motor vehicle manufacturers,and removal of non-owner records from the original owner records of motor vehicle manufacturers to carry out the purposes of titles 1 and IV of the Anti Car Theft Act of 1992,the Automobile Information Disclosure Act (15 U.S.C. 1231 et seq.),the Clean Air Act(42 U.S.C.7401 et seq.),and chapters 301,305,and 321-331 of title 49.and,subject to subsection. 1.For use by any government agency,including any court or law enforcement agency,in carrying out its functions,or any private person or entity acting on behalf of a Federal,State,or local agency in carrying out its functions. 2.For use in connection with matters of motor vehicle or driver safety and theft;motor vehicle emissions;motor vehicle product alterations,recalls,or advisories;performance monitoring of motor vehicles,motor vehicle parts and dealers;motor vehicle market research activities,including survey research;and removal of non-owner records from the original owner records of motor vehicle manufacturers. 3.For use in the normal course of business by a legitimate business or its agents,employees,or contractors,but only- (a)to verify the accuracy of personal information submitted by the individual to the business or its agents,employees,or contractors;and (b)if such information as so submitted is not correct or is no longer correct,to obtain the correct information,but only for the purposes of preventing fraud by,pursuing legal remedies against,or recon ering on a debt or security interest against,the individual. 4.For use in connection with any civil,criminal,administrative,or arbitral proceeding in any Federal,State,or local court or agency or before any self-regulatory body,including the service of process,investigation in anticipation of litigation,and the execution or enforcement of judgments and orders,or pursuant to an order of a Federal,State,or local court. 5.For use in research activities,and for use in producing statistical reports,so long as the personal information is not published, redisclosed,or used to contact individuals. 6.For use by any insurer or insurance support organization,or by a self-insured entity,or its agents,employees,or contractors,in connection with claims investigation activities,antifraud activities,rating or underwriting. 7.For use in providing notice to the owners of toned or impounded vehicles. 8.For use by any licensed private investigative agency or licensed security service for any purpose permitted under this subsection. 9.For use by an employer or its agent or insurer to obtain or verify information relating to a holder of a commercial driver's license that is required under chapter 313 of title 49. 10.For use in connection with the operation of private toll transportation facilities. 1 1.For any other use in response to requests for individual motor vehicle records if the State has obtained the express consent of the person to whom such personal information pertains. 12.For bulk distribution for surveys,marketing or solicitations if the State has obtained the express consent of the person to whom such personal information pertains. 13.For use by any requester,if the requester demonstrates it has obtained the written consent of the individual to whom the information pertains. 14.For any other use specifically authorized under the law of the State that holds the record,if such use is related to the operation of a motor vehicle or public safety. Page 2 of 2 (02/2017) Docu 6 SECURED Certificate Of Completion Envelope Id:8D71A389A6624B779FDAE19F44DADBE9 Status:Completed Subject:City of Cape Canaveral Review Sheet for PREVIOUS Data Exchange MOU Source Envelope: Document Pages: 13 Signatures:8 Envelope Originator: Certificate Pages:6 Initials:0 Patrick Lineberry AutoNav:Enabled 2900 Apalachee Parkway Envelopeld Stamping:Enabled Tallahassee,FL 32399 Time Zone:(UTC-05:00)Eastern Time(US&Canada) patricklineberry@flhsmv.gov IP Address:204.90.30.1 Record Tracking Status:Original Holder:Patrick Lineberry Location: DocuSign 7/5/2019 2:26:02 PM patricklineberry@flhsmv.gov Signer Events Signature Timestamp Deepa Vasudevan —DOCuSigned by: Sent:7/5/2019 3:25:22 PM deepavasudevan@flhsmv.gov `�"` 144"0le'"" Viewed:7/8/2019 7:58:59 AM "-465F5F7353394D2. Operations Manager Signed:7/8/2019 8:03:23 AM HSMV-MS Signature Adoption: Pre-selected Style Security Level:Email,Account Authentication (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Accepted: 10/12/2015 12:46:33 PM ID:48563923-17a2-4a54-aa27-1d66df88405d Jaime Briggs cDocuSlpned by: Sent:7/8/2019 8:03:26 AM JaimeBriggs@flhsmv.gov jaamt. 1W Viewed:7/8/2019 8:33:24 AM �164518DF3A734B8 Contract Administrator Signed:7/8/2019 8:33:42 AM HSMV-DAS Security Level:Email,Account Authentication Signature Adoption:Pre-selected Style (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Accepted: 10/21/2018 9:23:53 AM ID:dceba8fd-c949-48bc-ac36-edd0e38fdb4d Robert Kynoch r—DocuSigned by: Sent:7/8/2019 8:33:45 AM robertkynoch@flhsmv.gov rOdot- Viewed:7/15/2019 9:54:38 AM `—OA2EF6A47A8E486. Director of Motorist Services Signed:7/15/2019 9:54:47 AM HSMV-MS Signature Adoption:Pre-selected Style Security Level:Email,Account Authentication (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Lisa M.Bassett r—DOcuS'9ned by: Sent:7/15/2019 9:54:51 AM lisabassett@flhsmv.gov Viewed:7/15/2019 11:53:22 AM 7E2E9E098052459 DAS Chief Administrative Officer Signed:7/15/2019 11:53:55 AM HSMV-DAS Signature Adoption: Uploaded Signature Image Security Level:Email,Account Authentication (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Signer Events Signature Timestamp Stephanie Sanford D°c°Signed by. Sent: 7/15/2019 11:54:00 AM StephanieSanford@flhsmv.gov 5terh"""`` Viewed:7/15/2019 4:46:34 PM `-4DD72A6A03E94F1 Acting Bureau Chief/Procurement Administrator Signed:7/15/2019 4:47:13 PM HSMV-DAS Security Level:Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address: 174.228.147.146 Signed using mobile Electronic Record and Signature Disclosure: Not Offered via DocuSign Kevin Bailey f—DocuSi9nedby: Sent:7/15/2019 4:47:19 PM KevinBailey@flhsmv.gov ALM- "l0a Viewed:7/22/2019 11:19:32 AM �Oc46,cODEA24460.. Director, Division of Administrative Services Signed:7/22/2019 11:19:38 AM HSMV-DAS Security Level:Email,Account Authentication Signature Adoption: Pre-selected Style (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennifer Langston t—Doc"Signed by. Sent:7/22/2019 11:19:41 AM JenniferLangston@flhsmv.gov JuAlitirtx tzuA stetA' Viewed:7/22/2019 1:19:15 PM Acting Chief of Staff —DD82CD2535(441c Signed:7/22/2019 1:19:22 PM HSMV-OED Security Level:Email,Account Authentication Signature Adoption: Pre selected Style (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennie Carpenter Completed Sent:7/22/2019 1:19:25 PM jenniecarpenter@flhsmv.gov Viewed:7/23/2019 12:58:26 PM Contracts Specialist Signed:7/23/2019 1:01:23 PM HSMV-DAS Using IP Address:204.90.30.1 Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Stephanie Sanford r--Doc°Signed by. Sent:7/23/2019 1:01:27 PM StephanieSanford@flhsmv.gov 9t ""` 8" Viewed:7/25/2019 10:36:59 AM `-4DD72A6A03E94F,.. Acting Bureau Chief/Procurement Administrator Signed:7/25/2019 10:37:19 AM HSMV-DAS Security Level:Email,Account Authentication Signature Adoption:Pre selected Style (None) Using IP Address:204.90.30.1 Electronic Record and Signature Disclosure: Not Offered via DocuSign In Person Signer Events Signature Timestamp Editor Delivery Events Status Timestamp Agent Delivery Events Status Timestamp Intermediary Delivery Events Status Timestamp Certified Delivery Events Status Timestamp Carbon Copy Events Status Timestamp Carbon Copy Events Status Timestamp Data Listing Unit COPIED Sent:7/25/2019 10:37:24 AM DataListingUnit@flhsmv.gov Viewed:7/25/2019 10:38:02 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Jennie Carpenter COPIED Sent:7/25/2019 10:37:24 AM jenniecarpenter@flhsmv.gov Viewed:7/26/2019 11:35:35 AM Contracts Specialist HSMV-DAS Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign David Dickey COPIED Sent:7/25/2019 10:37:24 AM d.dickey@cityofcapecanaveral.org Viewed: 10/31/2019 11:55:29 AM Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Glenda Josey COPIED Sent:7/25/2019 10:37:26 AM GlendaJosey@flhsmv.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Nikeva Mikler COPIED Sent:7/25/2019 10:37:26 AM NikevaMikler@flhsmv.gov Security Level:Email,Account Authentication (None) Electronic Record and Signature Disclosure: Not Offered via DocuSign Witness Events Signature Timestamp Notary Events Signature Timestamp Envelope Summary Events Status Timestamps Envelope Sent Hashed/Encrypted 7/25/2019 10:37:26 AM Certified Delivered Security Checked 7/25/2019 10:37:26 AM Signing Complete Security Checked 7/25/2019 10:37:26 AM Completed Security Checked 7/25/2019 10:37:26 AM Payment Events Status Timestamps Electronic Record and Signature Disclosure Electronic Record and Signature Disclosure created on:9/22/2015 2:45:05 PM Parties agreed to: Deepa Vasudevan,Jaime Briggs ELECTRONIC RECORD AND SIGNATURE DISCLOSURE From time to time, FL Dept HSMV (we, us or Company) may be required by law to provide to you certain written notices or disclosures. 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DocuSi n Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 J l V Florida Department of Highway Safety and Motor Vehicles FLORIDA HIGHWAY SAFETY AND MOTOR VEHICLES Contract/Agreement Review DHSMV Contract No.: HSMV-0020-20 Division: Motori st Services Date: 7/8/2019 Contractor Name: city of Cape Canaveral Contract Summary: New MOU Total Cost/Revenue: 0.0 or No Cost❑ Term: six years Contract Manager: Patrick Lineberry Phone: 850-617-2805 ® New Contract(Procurement): ❑ITB ERFP ❑ITN ❑RFQ ❑Single Source ❑Informal Quote ❑Exempt per , Florida Statutes ❑X Not Required ❑ Renewal ❑ Amendment ❑ Extension ❑ Settlement Agreement ❑ New I Revised Template Approvals Comments Contract Administrator c—DocuSigned by: Signature: ,3tuttAt. S Date:7/8/2019 Division DirectorFandlor Designee /—DocuSigned by: Signature: Peitvl Ine(,tt, Date:7/15/2019 '-0A2EF6A47A8E486 Signature: Date: Budget Signature: Date: 1 If checked,budgetary review/approval is not required as funds are not expended under this Contract/Agreement. Accounting Signature: Date: j If checked,accounting review/approval is not required as funds are not received or obligated under this Contract/Agreement. Information Services Signature: Date: ®If checked,ISA review/approval is not required as this document does not impact information systems. DAS Chief Administrative Officer p---DocuSigned by: Signature war---- Date:7/15/2019 ❑If checked, I L�.r• '!;;.,o49inistrative Officer review/approval is not required as the document is a previously-approved boilerplate. Legal Signature: Date: 5 If checked,legal review/approval is not required as the document is a previously-approved boilerplate. Chief of Purchasing& Contracts ,--DocuSigned Signature:, 94,./...,t4-& 5,..4044‘ Date:7/15/2019 Director o`Aii4ii1ii9gt ative Services DocuSigned by: Signature: .. Date:7/22/2019 ❑If checked, N ly p val is not required as the document is a previously-approved boilerplate. Deputy Executive Director Signature: Currently Vacant Date: If checked,review/approval by Deputy Executive Director is not required as the document is either an approved template or does not fall under the Deputy Executive Director's areas of responsibility. Chief of Staff/ Executive Director r—DocuSigned by: Signature:, .oaf" Laalsfel&, Date:7/22/2019 ❑ If checked,ve.vienieMemallby Chief of Staff/Executive Director is not required as the document is either an approved template or does not require review by the Chief of Staff/Executive Director. HSMV 95020(03/2019) DocuSign Envelope ID:8D71A389-A662-4B77-9FDA-E19F44DADBE9 Memorandum of Understanding(MOU) —Item check list Agency Name: City of cape Canaveral Documentation of current licensure or certification from resident state of corporation [ I Reviewed copy of requestor's business license. Ti In state corporation status obtained from www.sunbiz.org. Or Ti Out of State Corporation licensure or certification submitted by requestor (attached). n Reviewed requestor's website at comparing DPPA exemption claimed to the business needs or services provided to third parties. Ti If vendor is acting on behalf of a government agency, a letter of authority is attached. [5 This is a government/law enforcement agency. Memorandum of Understanding ® Current forms have been provided. ® Requestor has provided appropriate signatures. Ti Letter of delegation is required if signed by other than authorized official. Form 90615 (DPPA) ® Current version of form has been provided. Debit Authorization Form Ti Account/Routing number is provided. Ti An appropriate signature is provided. [ I Copy of form provided to Revenue. Ti N/A DocuSigned by: Reviewed by: a 14.444444,~t, Date:7/8/2019 Deepa vasudevagureau of Records