HomeMy WebLinkAbout111813_ca05JFFERSON C01YNTY PUBLIC HEALTH Consent Agenda
E
aw 615 Sheridan Street o Port Townsend 0 Washington o 983,68
www.
,ief'ferso�IC,OLaritypLulbliii �tl,ii,org
Is 41=0
I.T0731 0.4 1x0J 01 L 0
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM," lean Baldwin, Director
DATE: rwe r, . V, 1-1 t-
SUB3ECT: Agenda Item — Agency Agreement with Department of Licensing for
Internet Vehicle/Vessel Information Processing System (IVIP,S); upon
signature — October 31, 2014; $0.04 per VIN search
STATEMENT OF' IS
Jefferson County Public Health, Environmental Health Department, is requesting Board approval of the
Agency Agreement with Department of Licensing for Internet Vehicle/Vessel Information Processing System
(IVIPS); upon signature — October 31, 2014; $0.04 per VIN search
ANALYSIS I ffRATEG IC GOALS / PRO' ,$ a nd CO N'S:
JCPH has been using this system since 2007 to search VIN numbers in order to identify previous and
current owners of illegally dumped or abandoned junk vehicles/vessels. Information is obtained through
IVIPS enabling JCPH to remove vehicle/vessel or locate owner.
FISCAL IMPACT/COST BENEFIT ANALYSIS:
Each VIN search is charged a rate of $0.04. The average fee amount to date is aipproximately $10.00,
annually. This is a reimbursable fee through a Department of Ecology Solid Waste Enforcement Grant.
RECOMMENDATION:
JCPH management request approval of the Agency Agreement with Department of Licensing for Internet
Vehicle/Vessel Information Processing System (IVIPS); upon signature — October 31, 2014; $0.04 per VIN
search
Revised 9 -6- 2013 -ATF
INTERNET VEHICLENIESSEL INFORMATION PROCESSING SYSTEM (NIPS)
USE AND DISCLOSURE CONTRACT
BETWEEN
WASHINGTON STATE DEPARTMENT OF LICENSING (DOL)
AND
JEFFERSON COUNTY PUBLIC HEALTH
Account No. 838268
This 'Contract is made and entered into between Department of Licensing referred to as "DOL" and the Contractor
listed below, hereinafter referred to as the "Contractor "or "User ". By signing this Contract, 'Contractor
acknowledges that they read and reviewed this Contract in Its entirety which includes all online documents,
with all employees who will have IVIPS access. Contractor understands and agrees to comply with all terms and
conditions of the 'Contract, Attachments and documents contained herein or incorporated by reference, which are
located at htt s: / /fortress wa. ov /dol /lvi s rodit. Upon execution„ this Contract sets forth in full all terms and 'conditions
and cancels and supersedes any previous IVIPS Contract(s), including Attachments and documents.
Contractor name
Jefferson County Public Health
Contractor's DBA and FNMA
Contractor physical address
Contractor mailing address
615 Sheridan St
Port Townsend WA 98368
Contractor contact name Contractor contact telephone Contractor fax Contractor e-mail address
Dinky Feria Mingo 360 -379 -4489 360- 379 -4487 cavery co.jefferson. a.us
Purpose of contract
This Contract is to rovide access to IVIPS and the germitted use of records obtained.
Authority
Revised Code Washington (RCW'W) 19.02; 45.12.630 -646; 42,66, Washington Administrative Code ('WWAC) 348, the
(Federal Driver IPrivac Protection Act LPPA and Executive Order 97 -01, as currently written or hereafter amended.
DOL administration DOL division
VehicleNessel public Disclosure Central O erations and Resources
DOL contact information
DOL contact address
Susan Mitchell
Department of Licensing
or
PO' Box 2957
Or ha Zollars
Olympia, WA 98507
DOL contact telephone
DOL contact fax
DOL contact e -mail
360 - 359 -4001
360 - 570 -7895
vsdisclose @dol,wa.gov
Contract start date
Contract end date
(Date of Execution
October 31, 2014
Required documents
The following ing documents are available online at hit9sr,t.r SauJrB6red and are incorporated by
n
reference:
1. Attachment A, Genera$ Terms and Conditions (required reading and Compliance) > �
Z Attachment B, User Access/Change Request (to be completed and returned to IDOL with signed Contract)
3. Attachment C, Information request Log (to be maintained individually by each User and provided to COOL upo ,. r-
request)
4 Attachment ID, Sample Notification Letter (Contractor to use per Section 10 of Contract) )
5. Attachment E, Data Security requirements (required reading and Compliance)
6, Attachment F, Destruction of Data (to be completed and returned to IDOL upon termination of Contract)
4�
DOL reserves the right to modify or update all Attachments as required. Contractor is responsible to check that they are o
using the most current version of documents.
IN WITNESS WHEREOF, the parties signing below have executed this Contract, and affirm they have read the
Contract and have the authority to bind their respective parties to the term's and conditions of this Contract.
Contractor signature Date
DOL signature Dube
Legibly pant name and title
Print name and' title
, ,1 ,
'Hannah Fultz,. Records Officer / Public Records Officer
Apr
t
N=ile Name. IVIPS Use and DiscN�l ctdtto s fWf Page 1 of 4
p'
C o.
Chief Civil DPP
David Alvsfczp
Revised 9-5-2013-ATF
INTERNET VEHICLENESSEL INFORMATION PROCESSING SYSTEM (IVIPS)
USE AND DISCLOSURE CONTRACT
--- ------ ---- - ---- ------- -
I., PERMITTED USE AND DISCLOSURE
Contractor agrees that the use and disclosure of Data provided will be limited to the following:
Verifying the accuracy of personal information submitted by the individual and 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. 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 recovering on a debt or security interest
against, the individual, USER or USER employees shall not provide screen prints of the IVIPS records to any
clients, customers for any reason, even if the information is the clients, customer's personal information.
Clients and customers must apply for information through a public disclosure request to obtain their records
from DOL. Providing a screen print may result in termination of this Agreement.
Any other uses are strictly prohibited.
2. FEES**
a. The fee for use of IVIPS is $0.04 (four cents) for each inquiry, including inquiries that return a "no file" or
"no record found". DOL reserves the right to change the fees and may do so without notice.
Effective January 1, 2014, the Section 2 FEES will change to the following:
2. FEES
& The fee for use of IVIPS is $0,04 (four cents), applicable to all IVIPS Users, for each inquiry including
inquiries that return a "no file" or "no record found".
b. There is an additional $2.00 (two dollar) fee for each inquiry that returns a Record,
c. Government entities are exempt from the $2.00 fee pursuant to RCW 46.12.635.
d. DOL reserves the right to increase or decrease the fees and may do so without notice.
3. PAYMENT AND BILLING PROCEDURES
a. Billing shall be monthly unless otherwise agreed upon, and Contractor must pay invoices within fifteen (15)
days of receipt. Payment shall be sent to: Department of Licensing, IVIPS, PO Box 3907, Seattle, WA
981124.
b. If monthly bill totals $4.50 or less,. DOL may not send a bill and may carry over the amount due to the next
month's billing.
c. DOL reserves the right to require a deposit and to charge for the reimbursement of all mailing costs
associated with this Contract.
4. CONTRACTOR RESPONSIBILITY
Contractor shall:
a. Read and comply with- the entire Contract, Terms and Conditions, all online documents, and applicable
laws and statutes.
b, Provide to DOL the names and addresses of all the Contractor's subsidiaries and other names that they have
formerly been known as (FKA) or doing business as (DBA).
c. Notify DOL prior to business closure or change in legal status of business.
d. Notify all Users with IVIPS access of the use and disclosure requirements.
e. Ensure that all Users have reviewed and agree to comply with this Contract and all Terms and Conditions of
contained herein or incorporated by reference,
f. Ensure all Users understand requirements to:
1. Not share their Sub Account number or password,
2, Change passwords every 90 days,
3. Not use the Data for personal reasons,
4, Ensure the confidentiality and privacy of all information accessed, and
g. Maintain an individual Information Request Log (IRL) for all the inquiries they do. Ensure each User
maintains individual, legible Attachment C Information Request Log(s) (IRL) (available online at
File Name: (MIFFS Use and DiscJosure Contract Page 2 of 4
Revised 9-5-2013-ATF
tto 1'. JP§pLo_d/) for every inquiry. IRLs shall be maintained for a minimum of three (3)
0/fortresswa,, ov/dol/iv
years. Contractor may use legible IRL of their choosing, provided the IRL contains all of the data fields set
forth in Attachment C and are formatted so that all data fields regarding a single iinquiry fit on the same
page.
h. Ensure each 'User includes ALL inquiries on their individual IRL, including inquiries that return:
1. A vehicle or vessel record, or
2. "No file" or 'no record found".
i Notify DOL in writing of any changes to contact information within three (3) working days of the change; i.e.
change of: business ownership, business address, phone number, Contractor Contact, new User, or if a
User no longer needs access or leaves employment.
Upon request, provide at no charge to DOL, the following within three (3) working days:
1. Completed legible Attachment C, Information Request Log(s) (IRL),
2. Un-redacted samples of all services performed and copies of work products provided or produced for
anyone as a result of Data obtained from DOL for any reason,
3. Lin- redacted copies of all Subscriber Agreements and an updated Subscriber Roster that identifies: all
Subscribers, the date of Subscriber Agreements, and Subscriber use of Data.
5. DATA CLASSIFICATION DECLARATION
Data described in this Contract is assessed to be in the following data classification:
CgWory 4 — Confidential Information Reg ui ring Special IHandling
Confidential. Information requiring special handling and is information that is specifically protected from
disclosure by law, there are lespecially strict handling requirements dictated, by statutes, regulations, or
agreements. Serious consequences could arise from unauthorized disclosure, such as threats to health
and safety, or legal sanctions. Confidential information may include but is not limited to:
• Names and addresses (not including 6 -digit zip code).
• Personal Information about individuals, regardless of how that information is obtained.
• Information concerning employee personnel records.
• Information regarding IT infrastructure and security of computer and telecommunications systems,
6. ACCESS TO DATA
6.1 Method of Access
Requests for vehicle/vessel records may be made by:
a. Online internet access to IVIPS is available on a non-guaranteed basis seven days a week (Sunday
through Saturday), twenty-four (24) hours per day.
b. Telephone or in writing, including email and fax ($2.00 per record fee may apply).
6.2 Authorized&cess to Data
a, Contractor shall maintain a record of those with authorized access to Data and shall complete and
return to DOL with the signed Contract Attachment B, User Access/Change Request
(htt9s,,fl.fg!:jfLsj.AaApvLdoj1 10--Md
lb. DOL will assign a unique Sub-account number to employees listed on User Access/Change Request,
User employees must use their own unique Sub-account number to access IVIPS. User employees
shall keep their Sub-account number and password confidential.
c. Contractor shall maintain an accurate, verifiable Subscriber Roster formatted in Microsoft Word or Excel.
The Roster must contain data sets for each Subscriber that includes:
• Legal name and address,
• Contact name with a current email and telephone number, and
• Description of how each Subscriber uses Data
d. Provide Records and Data ONLY to persons or entities authorized under this Contract. Authorized
persons and entities include., Contractor, Users, and Subscribers (if applicable),
7, DESTRUCTION OF DATA.
a. Contractor shall dispose of Confidential and Personal Information when information is no longer needed as
part of business purpose or upon' termination of Contract as described in Section 6 of Attachment E, Data
Security Requirements.
b. Government agencies are exempt from the requirements of this section by statute and shall adhere to their
designated destruction and retention schedules.
8. SECURITY OF DATA
Contractor agrees to comply with Attachment E, Data Security Requirements, for the duration of the
Agreement as described herein and shall:
& Ensure that any person or entity the Contractor provides records to will comply with the same restrictions,
conditions, safeguards, disclosure, and use requirements of this Contract,
b, Report to DOL within three (3) working days of discovery of any breach, misuse, or unauthorized
disclosure of VehicleNessel Records.
c. Only allow those members of its workforce with assigned User Sub-Account numbers to access IVIPS.
File Narne: NIPS Use and Disclosure Contract Page 3 of 4
Revised 9-5-2013-ATF
d, Instruct and ensure that sharing assigned User Sub-Account numbers is strictly prohibited and may result
in termination of the Contract.
e. NOT provide screen prints from IVIPS to anyone.
f. At DOL's discretion, Contractor may be required to hire an external independent auditor to conduct an
internal audit of all Users and Subscribers. Audits are to include, but not be limited to, the review of Users
and Subscribers: 1) data protection, 2) access and appropriate use 3) security measures, 4) data
recipients. These audits shall be conducted at no cost to IDOL and are solely at the Contractors expense.
The Contractor must provide DOL with copies of each audit and the results within thirty (30) days of audit
completion and upon request.
J. AUDITS
a. Contractor shall submit to audits conducted by DOL. All audits shall be conducted at no cost to DOL.
b. Audits may include, and are not limited to, review of: IRLs, User Access/Change Requests, accuracy of
Subscriber Rosters, Subscriber Agreements, and may include but not be limited to items listed in Section
4.
c. Three (3) failed audits will result in access termination for a period to be determined at the discretion of
DOL and may result in Contract termination, An audit score of less than 90% is a failed audit and out of
compliance,
d. Audit results may be carried forward to renewal contracts and to any assigned account numbers,
e. Upon request, Contractor must provide DOL with copies of any internal audit results.
f. DOL is under no obligation to provide Contractor with DOL official record of inquiries.
10. ATTORNEY OR PRIVATE INVESTIGATOR
a. Whenever the Contractor gives information to an Attorney or Private Investigator the Contractor shall
provide notification letters, within one (1) business day, to person the vehicle or vessel information applies
and send a copy to DOL (RCW 46-12.635). Copies sent to DOL shall be addressed to the DOL Contact,
listed on page one (1) of this document,
"NOTIFICATION
b. The notice must only include the information contained in the Attachment D-1, Sample Notification Letter,
provided online at htt for, it ess &QyZrig!/
M.p,!p d DO NOT USE this letter after December 31 2013.
"Effective Manua ly 1, 2014. the Section 10. - NOTIFICATION will change to the following:
b. The notice must only include the information contained in the Attachment I13 -2, Sample Notification Letter,
provided online at iota
Failure to use the correct notification letter template
is considered a violation of this Contract and RCW 46.12-635 and this Contract may be subject to
termination,
c. When the Contractor is an Attorney or a Private Investigator, notification letters will be mailed by
DOL. DOL reserves the right to bill Contractor for the reimbursement of costs associated with the required
mailing to include, but not limited to: postage, envelopes, papers, etc.
d. This section (Section 10) does not apply to government entities.
11. DISCLAIMiE
The records received from DOL are produced from sources believed to be reliable. However, information
provided to Contractor is on an "AS IS" basis. Content that is free and publicly available may one day be
eliminated, restricted, or require a fee. Records can quickly become out-of-date and DOL does not guarantee
that the records provided are error free. DOL shall not be liable for loss of any kind for any reason due to errors
or information provided by DOL.
12. CONTRACT CONTACT
a, The Contract Contact (Contract Manager) listed on page 1 of this document, shall be responsible for all
communications pertaining to this Contract.
b, The Contractor is required to notify DOL in writing within three (3) business days of changes to: business
ownership, business address, phone number, email address, Contractor Contact, Users (new Users,
Users that no longer need access, or Users that leave employment and any changes to the Subscribers
and Subscriber Roster,
c. Failure to appropriately make written notification to DOL may result in access termination of IVIPS, for
which DOL will not be liable, or may result in termination of this Contract.
File Name; WIPS Use and Disclosure Contract Page 4 of 4
Revised 9-5-2013
ATTACHMENT A
GENERAL TERMS AND COVDMKYW
In consideration of the IVIPS Uses and Disclosure Contract these General Terms and Conditions contained
herein are incorporated by reference, and the parties agree as follows:
1. DEFINITIONS,
As used throughout this Contract, the following terms shall have the meanings set forth below:
1) Access - means the way VehicleNessel record information is requested or retrieved by authorized Users
and may include the use of IVIPS, email, fax, phone requests.
2) Acknowledgment - means the Contractor has read this Contract in its entirety and is agreeing to comply
with all contractual requirements, obligations and responsibilities contained in this Contract and all
incorporated documents either attached or available online.
3) Contract Contact- means the representative identified in the text of this Contract who is delegated as the
person(s) with the authority to administer this Contract.
4) Carry-forward- means that an Account number previously issued to Contractor will continue to be
associated with the current and/or any subsequent Contracts and shall Ibe used for audit findings.
5) Cause- means the failure of the Contractor and/or authorized 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.
6) Commercial Purpose- means making any unsolicited business contact with a person named in the
disclosed information, including contact intended to result in, or promote, the sale of any goods or services to
a person named in the disclosed information.
7) Confidential Information- means information requiring protection that is more sensitive than "public" and
may be exempt from disclosure to the public or other unauthorized persons under either IRCW 42.56 or other
state or federal statutes. Confidential Information includes, but is not limited to, vehicle owner, social security
numbers, credit card information, driver license numbers, Personal Information, law enforcement records,
agency security data, and banking profiles. (Note: the 5 digit zip is not considered confidential)
8) Contract - means disclosure agreement and includes- Uses and Disclosure Contract and all attachments
and documents incorporated by reference,
9) Contractor- means agency, firm, provider, organization, individual or other entity performing services or
obtaining Data under this Contract. Contractor is considered an authorized User.
10) Data- means information contained in the vehicle and/or vessel records provided to authorized Users under
this Contract,
11) DBA and PICA - means "doing business as" (DBA) and includes all current business, branches,
subsidiaries, sister companies or previous business names Contractor was "formally known as" (FKA) and
the individual locations for all DBAs and FKAs the Contractor operates, does business under or is listed on
as a member of,
12) Default. means the failure of the Contractor and/or authorized 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, failed audits, and includes the violation of any state or federal laws, rules and statutes
associated with this Contract.
13) Delivery of any notices- includes LISPS, fax, email, certified mail, or registered mail.
14) Inquiry — means any access to IVIPS that returns: a record, no file, or no record found.
15) IRL- means Attachment C, Information Request Log(s), to be maintained individually by each User and
provided to DOL upon request.
IVIPS Use and Disclosure Contract, Page 1 o15
Attachment A, General Terms and Conditions
Revised B-15-2013
16) IVIPS- means the Internet Vehicle/Vessel Information Processing System that is used to obtain information
under this Uses and Disclosure Contract.
17) Legal Owner - includes name, address, city, state, and five (5) digit zip code of the party listed as either lien
holder or Registered Owner of a vehicle or vessel.
18) Main or Primary Account Number - means account number assigned to the Contract Contact.
19) Personal Information- means information identifiable to any individual including, but not limited to,
information 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, driver licenses number,
other identifying number or personal health information, 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.
20) Private Investigator- means a person who is licensed under RCW 18.165 and may or may not be employed
as or by a private investigator agency for the purpose of investigation, escort or bodyguard services, or
property loss prevention activities.
21) RCW- means the Revised Code of Washington.
22) Redacted - means to block out information so it cannot be read,
23) Registered Owner - includes name, address, city, state, and five (5) digit zip code of the party listed as
owner of the vehicle or vessel.
24) Salting - means the act of introducing Data containing unique but false information that can be used later to
identify any inappropriate disclosure of Data.
25) Sub-account - means an account number assigned to an authorized User under the main account number
for this Contract. Each User is assigned a unique sub-account number for use in accessing the IV[ PS.
26) Subscriber - means the agency, firm, provider, organization, individual, customer, 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 the purchasing of a service or product from Contractor. A Subscriber must be entitled
to the Data with a permissible use under the state and federal disclosure and privacy laws.
27) Subscriber Roster - means a Microsoft Word or Excel document that the Contractor shall provide to DOL with
current, accurate, and verifiable information for each Subscriber and must include. legal name, address, a contact
name with email and telephone number, and the reason you are providing them Data from DOL. Contractor shall
maintain copies of the Subscriber Roster until termination of this Contract. All Subscribers must be identified on
the Subscriber Roster, even if Data is only provided to them once.
28) 'Unsolicited Business Contact - means contact intended to result in, or promote, the sale of any goods or
services to a person named in the disclosed information.
29) User - means the Contractor and employees authorized to access IVIPS.
30) Vehicle Record — means information including but not limited to records regarding: manufactured homes,
mobile homes, motorcycles, trailers, recreational vehicles, and snowmobiles.
31) Vessel Record - means information including but not limited to records regarding about a vessel, boat, or
other watercraft.
32) Violate or in violation of - means, and is not limited to, break, infringe, transgress, omit, or falsify a law, rule,
contract, promise, instruction, information, document, etc.
33) 'WAC- means the Washington Administrative Code.
34) Working day means Monday through Friday, excluding state holidays, during business hours of Sam to 5pm,
pacific standard time.
2. TERMS _AND CONDITIONS
All rights and obligations of the parties to this Contract shall be subject to and governed by: the IVIPS Use and
Disclosure Contract, General Terms and Conditions, User Access/Change Request, Information Request Log, and
Sample Notification Letter, Data Security Requirements, Destruction of Data, available online at
L%psJa�foqress,kg-q2y�d.9 /iv_0§prqdland incorporated herein by reference, and shall also include the Contractor's
signed Vehicle/Vessel Disclosure Agreement Application, which are incorporated by reference herein.
NIPS Use and Disclosure Contract, Page 2 of 5
Attachment A, General Terms and Conditions
[;,a=- M 11MI191
3. PERIOD OF' PERFORMANCE
a. Subject to other provisions the Period of Performance for this Contract shall commence on the date of
execution by both parties, and shall not exceed the Contract end date as cited on page one (1), unless
terminated, whichever occurs first.
b. Upon expiration of this Contract, IVIPS access will be unavailable.
c. DOL is under or has (what do you think) no obligation to extend or issue a Contract.
d, To request an extension or Contract, Contractor must submit a new application (available at the DOL website at
h s.lfortres .wa ov/dlol/ivi s rodl) with current business license (if applicable) and all a liicable re uired
documentation no later than thirty (30) days before the expiration.
e, This Contract may be void upon formal action of the State Legislature enacting statutory prohibition or failure to
provide funding for the performance of duties provided herein,
4. ASSURANCES
The Contractor agrees all activity pursuant to this Contract will be tin accordance with all applicable current or future
federal, state and local laws, rules, and regulations.
5. CONTRACT ALTERATIONS AND AMENDMENTS
DOL may amend this Contract. ,Amendments must be in writing and signed by personnel authorized to Ibind each party.
DOL reserves the right not to consider changes proposed by the Contractor.
5.. GOVERNANCE
This Contract shall be construed and iinterpreted in accordance with the laws of Washington State and the venue of
any action brought under this Contract shall be in the Superior Court of Thurston County.
7. 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:.
a.. Applicable Federal and Washington, State Statutes and Regulations,
b. IVIPS Uses and Disclosure Contract,
c, Attachment A, General Terms & Conditions„ Attachment E, Data Security Requirements
d. Signed VehicleNessel Disclosure Agreement Application,
e, Attachment S, user Access /Change Request, Attachment C„ Information Request Log,
f, Attachment D, Sample Notification letter, Attachment E"„ Destruction of Data,
g, Any other provisions of this Contract incorporated i Iby reference.
8. SEVERABIILITY
If any term or condition in this Contract is held invalid, this shall not affect other terms and conditions of this
Contract.
. INDEPENDENT CAPACITY OF THE CONTRACTOR
The employees or agents of each party under this Contract shall continue to be the employee or agent of that party
and shall not be considered for any purpose to be employees or agents of the other party.
10. ASSIGNABILITY
The ability of the Contractor to access IVIPS pursuant to this Contract shall not be assigned or delegated in whole
or in part.
11. SUBCONTRACTS
The Contractor shall not enter into subcontracts for access to NIPS under this Contract. This clause does not
include contracts of employment between the Contractor and personnel assigned to work under the Contract on
Attachment B, User Access/Change Request.
1. SUBSCRIBERS
The Contractor shall disclose to DDL if records will be provided to a. Subscriber (see definition of Subscriber) of the
Contractor. Contractor must have written Subscriber Agreements signed with its entire ,Subscriber clientele. IDOL
reserves the right to contact Subscribers and verify information provided by Contractor to include the ,Subscriber's
use of records provided by the Contractor,
13. INDEMNIFICATION AND HOLD HARMLESS
a. Non- Govermment errata , the Contractor will indemnify and hold harmless the State of Washington, Department
of Licensing, from contingent liability to others for damages because of bodily injury, including death, misuse of
records provided, willful misconduct, or any violations of the law or expenses incurred, that may result from the
Contractor's negligent performance under this Contract and any other liability for damages for which the
MPS use and Disclosure contract, Paige 3 of 5
Attachment A, General Terns and Conditions
Revised 8-15-2013
Contractor is required to indemnify the State of Washington, Department of Licensing under any provision of this
Contract. Each party shall be responsible for their own legal costs.
b. Govemment entity, each party to this Contract shall be responsible for its own acts and/or omissions and those
of its officers, employees, and agents. No party to this Contract shall be responsible for the acts and omission of
entities or individuals not a party to this Contract.
14. LIMITATION OF STATES LIABIUTY
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 claim, damages, costs, lost production, or any other loss of any kind for
any reason.
The state of Washington, the Department, the Director of the Department, or any Department employee shall in no
event be liable for any claim of any kind against Contractor or its Subscribers by any party for any reason.
15, RECORDS DOCUMENTS AND REPORTS
The Contractor shall maintain for six (6) years: books, records, documents, evidence of accounting, and data
security procedures and practices. These records shall be subject at all reasonable times to inspection, review, or
audit by personnel duly authorized by DOL, the Office of the State Auditor, and federal officials so authorized by
law, rule, regulation, or contract. The Contractor shall be responsible for any costs associated with an audit, audit
exceptions, or disallowed costs incurred by the Contractor.
Government entities shall adhere to their designated retention schedule,
16. CONFIDENTIALITY
Contractor, Users, and Subscribers shall maintain confidentiality of Data and Confidential Information and comply
with Attachment E, Data Security Requirements.
117. RIGHTS OF INSPECTION
DOL reserves the right to inspect Contractor's actual place of business, to conduct a review of how it conducts
business and to monitor, investigate, or audit, The Contractor shall provide the right of access to, and shall make
available all information necessary to DOL, or any of its officers, or to any other authorized 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 relating to the safeguarding, use, and disclosure of Personal
Information obtained or used as a result of this Contract and may include, but is not limited to, "Salting" by DO L.
The Contractor shall make available information necessary for DOL to comply with an accounting, of disclosures of
an individual's Personal Information,
18. DISP'DTES
The parties agree that time is of the essence in resolving disputes. During the dispute resolution period the parties
agree that:
Disgute SLeps
a When a bona fide dispute concerning a question of fact arises between 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 NIPS Account number; and
• Be mailed, within three (3) working days after the parties agree that they cannot resolve the dispute, to
the Contract Contact and DOL:
Department of Licensing
Contracts Office
P.O. Box 9047
Olympia WA. 98507-9047
b. The responding party shall have five (5) working days to respond in writing to the requesting party's
statement. This response shall be sent to both the Contracts Office and the requesting party.
c. The Contracts Office shall review the written statements of the parties and reply iin writing to both parties
within ten (110) working days. The Contracts Office may extend this period if necessary by notifying the
parties.
JVIPS Use and Disclosure Contract, Page 4 of 5
Attachment A, General Terms and Conditions
Revised B-15-2013
cl. The decision of DOL's Contracts Office shall be final and conclusive unless, within five (5) working days
from the date the Contractor signed the Certified Mail Return Receipt, the Contractor requests a dispute
panel. This request must be in writing to DOL's Contracts Office.
e. 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 jointly appoint a third member to the dispute
panel within the next five (5) working days.
f. The dispute panel shall review the written descriptions of the dispute, gather additional information as
needed, and make a decision on the dispute in one hundred eighty (180) working days with the majority
prevailing. The parties agree that the decision of the dispute panel shall be final and binding.
19. TERMINATION FOR DEFAULT
a, If the Contractor violates any term, condition, or requirement of this Contract or fails, to provide required
information or documents, DOL may give the Contractor written notice of the violation.
b. The Contractor will correct the violation within fifteen (15) days or as otherwise mutually agreed. If the violation
is not corrected, DOL may, at its sole discretion, immediately terminate this Contract by written notice to the
Contractor for a period of time to be determined by DOL. Upon termination, the Contractor shall be liable for
damages as authorized by law.
c. If a Contractor is found to be in violation of applicable RCWs, WACs, laws and statutes cited in this Contract,
DOL may immediately terminate this Contract. In accordance with RCW 42.56 and 46.12.640, each violation
may result in a gross misdemeanor punishable by a fine not to exceed ten thousand dollars ($10,000), or by
imprisonment in a county jail not to exceed one (1) year, or both for each violation,,
d. The Department shall suspend or revoke for up to five (5) years the privilege of contracting to obtaining Data if
Contractor is found to have committed a disclosure violation as defined in RCW 46.12.64{x,
e. Notice of default or notice of termination shall be conclusively deemed to have been delivered to, and received
by Contractor, as of midnight of the third (3rd) day following the date of its posting in the United States mail,
20. TERMINATION FOR CONVENIENCE
This Contract may be terminated by either party with or without cause, upon five (5) working days written notice to
the other party. Written notice may include, but is not limited to, notice provided by United States Postal Service
(LISPS), email, or fax. If this Contract is so terminated, DOL is entitled to payments required under terms of this
Contract for inquiries made prior to termination. Notice of termination shall be conclusively deemed to have been
delivered to, and received by Contractor, as of midnight of the third (3rd) day following the date of its posting in the
United States mail.
The Department reserves the right to suspend or terminate access to IVIPS at anytime for any reason without
notice to Contractor. DOL shall have no liability whatsoever to Contractor in connection with access withdrawal.
21. ATTORNEYS' FEES
In the event of litigation or other action brought to enforce Contract terms, each party is responsible for its own
attorneys' fees and costs.
22. WAIVER
Unless this Contract is amended in writing by an authorized 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 this
Contract, or constitute a waiver of any subsequent default.
23. PUBLICITY
The Contractor agrees not to use DOL's name to publish, email, distribute in any manner or use in any way in
advertising, sales promotions, publicity, or solicitations.
24. CONTRACTOR'S PROPRIETARY INFORMATION
The Contractor acknowledges DOL is subject to chapter RCW 42.56, the Public Records Act, and this Contract
shall be a public record. 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 RCW
42,56, DOL shall maintain the confidentiality of all such information marked confidential or proprietary. If a request
is made to view the Contractor's proprietary 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 responsibility of the Contractor to obtain any necessary court order enjoining that disclosure. If the
Contractor fails to obtain the court order enjoining disclosure, DOL will release the requested information,
IVIPS Use and Disclosure Contract, Page 5 of 5
Attachment A, General Term's and Conditions
REVISED 10-9-2013
�IVIPS USE AND DISCLOSURE CONTRACT
ATTACHMENT B
USER/ACCESS CHANGE REQUEST
It is the Contractor=s responsibility to:
a. Read and review the IVIPS 'Use and Disclosure Contract with each employee listed,
b. Instruct employees not to disclose or share User Sub-Account numbers and passwords, and
c, Notify DOL in writing within three (3) business days of any changes to the Contact information (i.e. business owner, business
address, phone number, Contract Contact, employee eligibility or if an employee with access leaves employment).
Failure to comply with the above may result in.1mmediate termination of this Contract.
.. . . . . . ................ . . . ................ .. .... ......... .. . . . . . . . . .. ... .. .. ..........................
TYPE or PRINT Business Name
lV I P 8 Account Number
. . ...................
Business Address
. . .. . ........... . . ......................... .... ............ .
... . ...
City
State ZNI' Code
onitii �`ime
Contact (Area Code) Telephone Number
. . ........ . . . . . . . . . ........ .. ... ..........
User Access
1, Type or print —Employee Name
El Add ❑ Remove
User Sub-Account. Number . . . ........
TT � �pe r Wpnnt EWploje-e. Name
0 Add ❑ Remove
User Sub-Account Number
3.Typaa or pant Empi oyee Name
❑ Add ❑ Remove
cc
User Sub-Aount Number
47ype or print Employee Name
El Add 0 Remove
User Sub-Account Number
5.Type or print Employee Name
❑ Add ❑ Remove
. . ..... . ........
User Saab - Account Number
6. Type or print Employee Na me""--
[3 Add [I Remove
umber . . .... .....
User Sub - Account Number...........
.
7,Type or print Employee Name
. . . .. . . . . . ............................ . .. .
0 Add 0 Remove
. .... ........
User Sub-Account Number
i Type 'or print Emp'o�� ...... ......
❑ Add 0 Remove
U s e i 7� �6- j K c"c' o unt Number
. ..... . .........
9.Type or print Employee Name
❑ Add ❑ Remove
. . ... . ............... —
User Sub-Account Number
"--i'_ ...... . . . ...........
I O.Type or printfmployee Name
.. . .... . . _ _
❑ Add ❑ Remove
User Sub-Acoount Number . . .......... ..... .
11, Type or'Iinnt —Employee Ra-Me . . . . . . ........
.. .... . .... . . . .......................
❑ Add ❑ Remove
U . ser Sub-Account Number
12.Type or print ATEm ployee N �eme
❑ Add ❑Remove
.... ......... ....... . ..... ........
User Sub-Account Number
13,Type of print Employee Name
. . .......... _.-
0 Add 0 Remove
User Sub - Account Number
74"TjF�'or print Employee —Name
El Add 0 Remove
User Sub-Account Number
........ .......
15.Type or print Employee Name
. ..... . ..... . . .....
El Add ❑ Remove
.... . . .......... ...................
User Sub-Account Number
I .. . . . . . . .... ...... . .. .............
Update for User Names Changes ( i.e. if some get married )
. .. ... .. .. ..
uire of Contractor Contact Effective date
x
. . ........... . . . .............. .
NOTE- This Form may be duplicated
IVIPS Use and Disclosure Contract,
Attachment B, User Access/Change Request
0
cn
C:
2
-0 cr
C:
M 0
0
r -0 CL
0
0 0
RS -0-0
SLf COS
o
c: >
- -cc 2
CD E -0 m CL
W'o U
CL M o M
0 4-
E a LO
o a) M W o m
u
u
"a
m up0vk
000:
-1 0 0
a) -0
-c (n
cr a) 1-0
U)
0 0
0 CT -i
0 r Co .0 0 V :3
M o
cc D w
vi 4
ui
m
0
E
m
m
0 0
CL .9
E 7E
2 0
a) 4)
rl
CU
IAA
>
m
C
m
m cu
E
S,p
C.w
8
'o
(D
CL
0
Q] 0
0
>
2 a.
CD aj
C; cm
cu
CA n
0
0 (D
E
0 a
0
0
6 c
0 E
E
M r
D
-tz 0
o
Q
E
0
c -0
m E a)
a
E
0
r
C
M
E U)
a.
>
M
CL
M-
0
>
0 tl
CL (D
0 LL
> ti
2
CL o
mo Q
tl
F-
:3
'o
If
4)
cn
m
> 0
0
CL a)
r_
to
46
40
CL
Icy
as
D E
0-
A
FRI
1.14
0)
0
cr
0
m
10
?¢
IVIPS, USE AND DISCLOSURE CONTRACT
ATTACHMENT D-1*
SAMPLE INOTIIFICATION LETTER
*USE ATTACHMENT D-,2 AFTER DECEMBER 31, 2013
Effective January 1, 2014, this Attachment D-1 is cancelled and superseded Iby Attachment D-2,
available online at httos Wfortress -wa . aov/dal/iyjp§�p rod/ on or after January 1, 2014.
Failure to use correct notification letter is a violation of this Contract and RC W 46. 12.635.
According to RQW 46. 12,635, whenever information is given to an Attorney or Private Investigator the
Contractor shall, within one (1) business day:
1. Send notification letter to person who's information you released
2, Send copy of letter to DOL at:
Department of Licensing
PO Box 2957
Olympia, WA 98507
The notice must only include the information contained in the notification letter template. Do NOT list or
refer recipients to the Department of Licensing.
IVIPS Use and Disclosure Contract, Page I of I
Attachment D-1, Sample Notification Letter
Insert date.
TO: Insert recipient's name
Insert recipient's address
Insert city, state and ZIP, code
FROM: Insert your business name
Insert your business address
Insert city, state and ZIP code
SUBJECT: Vehicle/boat disclosure notification
Your registration information has been given to the requester listed below regarding a vehicle or
boat that you currently or previously owned. Your infonnation was provided as permitted by
Washington State law, RCW 46,12.635.
If you have questions, call Insert phone number of attorney or private Investigator.
... ..... . . . . . . ....................................
Requestor's name
Insert attorney or private investigator name
Address
Insert attorney or private investigator business address
. ........... .
Date information was provided
Insert data Mormation was provided
. ......... . . . .................... — — ----------- ----
Vehicle plate or vessel WA registration number Vehicle (VIN) or vessel (HIN) identification number
Insert plate or registration number Insert VIN or HIN number
Authority: IBC W 46.12,635
WAC 308-93-087
i.*M=WWPA01&1
IVIPS USE AND DISCLOSURE CONTRACT
ATTACHMENT E
DATA SECURITY REQUIREMENTS
For Wl eb,-based Access
1. Computer Security
Contractor shall maintain the computers that access DOL data by ensuring the operating system and software
are updated and patched, such that they remain secure from known vulnerabilities as declared by security
notifications (e.g., US-CERT, SANS, Microsoft). Contractor further agrees that the computer device(s) are
installed with an Anti-Virus solution and signatures updated regularly.
2,. Data Security
Contractor shall preserve the confidentiality, integrity and accessibility of DOL data with administrative, technical
and physical measures that conform to generally recognized industry standards and best practices.
3. QAjL§jqrM
Contractor shall ensure any and all DOL data will be stored, processed, and maintained solely on DOL
designated systems and that no DOL data at any time will be processed on or transferred to any other
computing device or storage medium.
4. Data Transmission
Contractor shall ensure any and all electronic transmission or exchange of system and application data with
DOL will be conducted via a secure solution (a. g ., HTTIPS, SFT, or equivalent).
5. Distribution of Data
Contractor shall ensure no DOL data of any kind shall be transmitted, exchanged or otherwise passed to other
contractors/vendors or interested parties except on a case-by-case basis as specifically agreed to in writing by
DOL. Contractor further agrees not to provide screen prints outside their control. Any screen print must be
disposed of as referenced in the next section, Destruction of Data.
6. Destruction of 'Data
Contractor shall, upon termination of this Contract, erase, destroy, and render unrecoverable all DOL data and
certify in writing using the Attachment F, Destruction of Data (located online at
bl!ps.�L/fortrtS .Ag,qovldr 2�i/ljvir)sr)rodl) that these actions have been completed within thirty (30) days of the
termination of this Contract or within seven (7) days of the request of an agent of DOL, whichever shall come
first. At a minimum, media sanitization is to be performed according to the standards enumerated by the
National Institute of Standards and Technology (NIST), Guidelines for Media Sanitization, SP 800-88, Appendix
7. Security Breach Notification
Contractor shall comply with all applicable laws that require the notification of individuals in the event of
unauthorized release of DOL data or other event requiring notification. In the event of a breach, of any of the
Contractor's security obligations, or other event requiring notification under applicable law, Contractor agrees to
the following:
a) Notify Iby telephone and e-mail of such an event within 24 hours of discovery;
DOL Help Desk, phone: (360) 902-0111, email: h,11bhe1pPdoI,wa,aov and
Contract Contact, phone (360) 359-4001; email vsdisclos i dol.wa,.qo
b) Indemnify, hold harmless and defend DOL and its trustees, officers, and employees from and against any
claims, damages, or other harm related to such notification event.
c) Mitigate the risk of loss and comply with any notification or other requirements imposed by law and
implement any reasonable requirements from DOL that will mitigate future risk of loss.
8, Access to Data
Access to the data will be restricted to authorized users by requiring a login using a unique user ID and complex
password or other authentication mechanism which provides equal or greater security. Further, passwords
must be changed on a periodic basis. The sharing of user ID accounts and passwords is strictly prohibited.
WIPS Use and Disclosure Contract, Page I of I
Attachment E, Data Security Requirements
Revised 9-5-2013
IVIPS USE AND DISCLOSURE CONTRACT
ATTACHMENT F
DESTRUCTION OF DATA
Date of Destruction
Upon expiration, or termination of this Contract, complete and return this form to:
Fax: 360-570-7895
or
Email: vsclisclosg ol @.gov.
E CHECK ALL THAT APPLY
El 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-line access accounts related to this Contract have been deleted.
El All printed 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 year, etc. after which all data shall be
destroyed so it cannot be recovered in any way.
The parties have mutually determined that return or destruction is not feasible, and mutual
determination is outlined in the attached MOU. Contractor agrees to only use the Confidential
Information as authorized herein and by state and federal laws.
E] Contractor is a government agency and shall adhere to it required retention schedule.
I hereby certify, by signature below, the destruction of data as required in the IVIPS Use and
Disclosure Contract, Attachment E, Data Security Requirements, for IVIPS Contract have been
completed and all data is destroyed as indicated above.
(Account Number)
(Contractor Name)
(Signature) (Date)
(Print Name)
(Area Code & Phone Number)
IVIPS Use and Disclosure Contract, Page I of 1
Attachment F, Destruction of Data