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HomeMy WebLinkAbout5.796 Original Contract .. , 5.7Q{P DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. INTERAGENCY DISCLOSURE DRIVER AND PLATE SEARCH (DAPS) DATA SHARING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING AND Peninsula Communications, Port Angeles Police Department This Agreement is made and entered into between the Department of Licensing, hereinafter referred to as DOL, and the Peninsula Communications, Port Angeles Police Department. Peninsula Communications Port Angeles Police Department Telephone: (360) 417-4911 Facsimile: (360) 417-4556 321 East 5th Street Port Angeles, Washington 98362 E-mail: nriggins@cityofpa.us Hereinafter referred to as the "Contractor "or "USER". TERMS AND CONDITIONS PURPOSE DOL has established systems for disclosing vehicle, and driver record information, including descriptions and ownership information, to law enforcement, 911 communication dispatch centers, governmental investigators and other governmental agencies based on expressed need. This is obtained through the DOL application known as Driver and Plate Search (DAPS) as provided in chapters 42.56 RCW, 46.12 RCW, 46.52 RCW, 308-10 WAC, and 308-93 WAC. This Agreement provides the terms and conditions under which such information is provided for inspection and copying of records. THEREFORE, IT IS MUTUALLY AGREED THAT: DEFINITIONS As used th~oughout this Agreement, the following terms shall have the meanings set forth below: "Confidential Information" shall mean information that may be exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW, or other state or federal statutes. Confidential Information includes, but is not limited to, Personal Information, agency source code or object code, and agency security data. "Individually Identifiable Health Information" is a subset of health information, including demographic information collected from an individual and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual, as set forth in 45 CFR S 164.501 as currently enacted and subsequently amended or revised. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social File Name. 8147-DAP-DOL Interagency DSA doc Terms and Conditions Page 1 of 13 8/22/2006 .' , DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. security numbers, driver license numbers, e-mail addresses, credit card information, law enforcement records or other identifying numbers or Protected Health Information, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42.56.360, 42.56 RCW, or other state and federal statutes. "Protected Health Information" means Individually Identifiable Health Information that is transmitted by electronic media, or transmitted or maintained in any other form or medium, as set forth in 45 CFR S 164.501, as currently enacted and subsequently amended or revised. "Subcontractor" means one not in the employment of a party to this Agreement. who is performing all or part of those services under this contract under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. "USER" means the primary agency or entity contracting with the Department of Licensing to access the DAPS data system. STA TEMENT OF WORK The parties to this Agreement shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for, or incidental to, the exchange of data as set forth in the . Statement of Work, Attachment A; . Budget, Attachment B; . Driver and Plate Search (DAPS) Application and Employee List, Attachment C; . Driver and Plate Search (DAPS) Appropriate Use Declaration, Attachment D, and . Driver and Plate Search (DAPS) Employee List Modifications, Attachment E, which are attached hereto and incorporated by reference herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall begin on the date of execution, and continue for two years, unless terminated sooner as provided herein. This Agreement may be extended at the exclusive option of the DOL and shall be affected by the DOL giving written notice of extension to USER. PA YMENT and BILLING PROCEDURE Payment for service(s) shall be in accordance with the Budget, Attachment B, attached hereto and incorporated herein. USER agrees to make payment of all fees due under this Agreement before or concurrent with receiving the information requested. Payment shall be made by one of the following methods: a) USER will provide payment with each request for a hard copy of disclosure information, or b) USER will be billed quarterly when using the SecureAccess option at the rate set forth in Budget, Attachment B. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year; whichever is earlier. RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Unless otherwise agreed, all books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly File Name. 8147-DAP-DOL Interagency DSA doc Page 2 of 13 8/22/2006 Terms and Conditions .' , DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties for non- authorized use without first giving notice to the furnishing party and giving it a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. CONFIDENTIALITY The use or disclosure by any party of any information concerning the other party for any purpose not directly connected with the administration of responsibilities, with respect to services provided under this Agreement, is prohibited except as otherwise required by law or by prior written consent of the other party. Each party shall maintain as confidential all information concerning study findings and recommendations, as well as the business of the other party, its financial affairs, and relations with its clientele and its employees, and any other information, which may be specifically classified as Confidential Information. To the extent consistent with Washington State law, each party shall maintain all information, which the other party specifies in writing as Confidential Information. Each party shall have an appropriate Agreement with its employees and subcontractors to this effect. SAFEGUARDING OF CONFIDENTIAL INFORMA TION Each Party shall not use or disclose Confidential Information in any manner that would constitute a violation of federal law or applicable provisions of Washington State law. Each Party agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of Confidential Information. Each party shall protect Confidential Information collected, used, or acquired in connection with this Agreement, against unauthorized use, disclosure, modification or loss. Each party shall ensure their directors, officers; employees, subcontractors or agents use it solely for the purposes of accomplishing the services set forth in this Agreement. Each party and their Subcontractors agree not to release, divulge, publish, transfer, sell or otherwise make it known to unauthorized persons without the express written consent of the other party or as otherwise authorized by law. Each party agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure. "USER" shall make the Personal Information available to amend as directed by DOL and incorporate any amendments into all the copies maintained by "USER" or their Subcontractors. USER shall notify the DOL immediately of becoming aware of any unauthorized access, use or disclosure. Any breach of this clause may result in termination of the Agreement, suspension of on-line access accounts and the demand for return of all confidential information. RIGHTS IN DA TA Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of 1976 and shall be owned by the DOL. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. SECURITY OF DA TA The confide':ltiality classification of the data determines the handling requirements for this data while it is in motion and at rest. The required protective measures are: File Name: 8147-DAP-DOL Interagency DSA.doc Terms and Conditions Page 3 of 13 8/22/2006 . ' , DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. A recent independent security review of DOL's infrastructure recommended that all remote access to DOL's sensitive information be secured with strong authentication and encrypted communications. Given the security experts' recommendation and the sensitivity of the data provided from the DAPS system, DOL believes a strong authentication mechanism is required to positively identity the user of the system irrespective of the network used to access the application. Both digital certificates and SecureAccess W A are considered to have this strong authentication mechanism. Each party shall take due care to protect the shared data from unauthorized physical and electronic access, as described in this Agreement, to ensure the parties are in compliance with all appropriate ISB security standards. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. SUBCONTRACTING With prior written consent, either party may enter into subcontracts for any of the work or services contemplated under this Agreement. Consent shall not be unreasonably withheld. This clause does not include contracts of employment between a party and personnel assigned to work under this Agreement. Each party is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. AGREEMENT At TERA nONS AND AMENDMENTS This Agreement may be amended by mutual Agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINA nON FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination TERMINA nON FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINA nON OF ACCESS Each party may at its discretion disqualify an individual authorized by the other party from gaining access to data pursuant to Driver and Plate Search Application and Employee List, Attachment C, which is attached hereto and incorporated by reference. Notice of termination of access will be by written notice and become effective upon receipt by the other party. Termination of access of one individual by either party does not affect other individuals authorized under this Agreement. DISPUTES In the event that a dispute arises under this Agreement, a Dispute Board shall determine it in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The File Name: 8147-DAP-DOL Interagency DSA.doc Page 4 of 13 8/22/2006 Terms and Conditions , . . , .. DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. GOVERNANCE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. ORDER OF PRECEDENCE Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable state and federal statutes and rules; 2. Terms and Conditions set forth in this Agreement; 3. Statement of Work; and any attachments 4. Any other provisions of the Agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. RIGHTS OF INSPECTION Each party shall provide right of access to the other party, 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 and evaluate performance, compliance, and/or quality assurance of internal policies and procedures, and/or records relating to the safeguarding, use, and disclosure of Confidential Information obtained or used as a result of this Agreement. Each party shall make available information necessary for the other party to comply with the client's right to access, amend, and receive an accounting of disclosures of their Confidential Information. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. File Name: 8147-DAP-DOL Interagency DSA.doc Terms and Conditions Page 5 of 13 8/22/2006 DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. CONTRACT MANAGEMENT The contract manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement. (NOTE: All program support communications from the USER to DOL shall be directed through the DOL Communications Unit, see Program Support section in the Statement of Work, Attachment A, for contact information). The Contract ManaQer is: The Contract ManaQer for the DOL is: USER'S CONTRACT MANAGER Dani Waldron Naomi Riggins Department of Licensing 321 East 5th Street PO Box 2076 Port Angeles, Washington 98362 Olympia W A 98507-2076 Phone: (360) 902-3824 Phone: (360) 417-4911 FAX: (360) 570-4924 FAX: (360) 417-4556 E-Mail: dwaldron@dol.wa.Qov E-Mail: nriggins@cityofpa.us ALL WRITINGS CONTAINED HEREIN This Contract consists of thirteen (13) pages including the following attachments: A = Statement of Work B = Budget C = Driver and Plate Search Application and Employee List D = Driver and Plate Search (DAPS) Appropriate Use Declaration, E = Employee List Modifications This Contract sets forth in full all the terms and conditions agreed upon by the parties. Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Contract shall be deemed to be null and void and of no force and effect whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement, affirm they have the authority to bind their respective parties to the terms and conditions of this Agreement. Peninsula Communications Port Angeles Police Department SiQnature on File Jerry Anderson, AAG 7 -30-06 (Date) RECEMVED File Name: 8147-DAP-DOL Interagency DSA.doc Terms and Conditions Page 6 of 13 Sf? 1 4 2006 CONTRACTS 8/22/2006 \ . DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. Attachment A STATEMENT OF WORK SCOPE DAPS is used by the Department of Licensing (DOL) Communications Unit to respond to inquiries and is used to locate a vehicle or driver record when only partial information is available. DOL shall provide the application in a browser environment and is available for search queries 24 hours a day, except during system maintenance. DOL shall disclose vehicle and driver record information for inspection and hard copying when requested by USER over a secure Internet connection using DOL's DAPS application. Access to DAPS is for secure use by USER and USER's employees only. The USER will also ensure that they will not share the information with anyone outside the workplace, and will not use any information for their own purpose and/or benefit. Any use of the application by persons other than employees of the USER or for purposes other than to accomplish the USER's official job functions is grounds for immediate termination of this Agreement as provided herein. PROGRAM SUPPORT The program support liaison for the USER shall be the primary contact for all communications regarding: . Installation and operations of DAPS; . Registration process of the digital certificate and SecureAccess Washington . Troubleshooting issues or problems that occur; . User acceptance testing for system updates; . Law enforcement questions; . Processes for modifying, adding, terminating employees from Employee List and/or general questions . Notification of system maintenance The Program Support for DOL is: Department of Licensing Communications Unit PO Box 2076 Olympia WA 98507-2076 Phone: (360)-902-3655 FAX: (360)-570-4943 E-Mail: dapscomm~dol.wa.Qov Mon- Fri. 8:00am to 5:00pm USERS Shall: 1. Take all steps necessary to ensure the application is accessible and used only by authorized personnel to accomplish their official job functions. 2. Notify DOL in writing of employees who are eligible for access to the DAPS system using the DAPS Application Employee List form incorporated herein by reference. 3. Be responsible to immediately notify DOL in writing of any changes to the access eligibility by using the DAPS Employee List Modification form http://~.dol.wa.Qov/forms/420205.pdf incorporated herein by reference. 4. Ensure the USER and USER's employees and agents will maintain the confidentiality and of vehicle and driver records by: a. protecting their account numbers and passwords; File Name: 8147-DAP-DOL Interagency DSA.doc Terms and Conditions Page 7 of 13 8/22/2006 .' DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. b. regularly changing passwords, by instructing users to change their password every 90 days, as recommended for security enhancement and by using hard to guess passwords; particularly when there are changes in personnel; c. instituting penalties for misuse of data; and d. ensuring that employees are familiar with the provisions of this contract. 5. Have the ability and are responsible to cancel their SecureAccess account. Non- canceled accounts will be billed regardless of activity and USER is liable for the charges incurred. 6. With a written request to DOL, USER may be allowed to obtain hard copies of records: a. Copy of an individual vehicle! and driver record may be provided as authorized in RCW 46.12.380, RCW 46.52.120, RCW 46.52.130 and WAC 308-93-087. b. Lists of individual records may be provided as authorized in RCW 46.12.370 and RCW 42.56. c. NOTE regarding the updating of information: i. Vehicle responses received may contain information that has not been updated for up to 48 hours. ii. Driver responses received may contain information that has not been updated for up to 24 hours. 7. Require USER employees to apply for and receive either a digital certificate from IdenTrust or registration with SecureAccess Washington for each employee accessing the DAPS application. 8. USER is provided the following options for access to the DOL DAPS system, IdenTrust and SecureAccess Washington or may elect to use both options. . Iden Trust The USER will pay IdenTrust for the digital certificates along with the subsequent annual certificate renewal fees. As a licensed, regulated entity, DST must comply with Washington law RCW 19.34 and operate under the rules set forth in chapter 434-180 of the Washington Administrative Code. . SecureAccess USER accessing DAPS through SecureAccess Washington will be billed by DOL for the total number of active users within their agency. SecureAccess W A is a single sign-on application gateway created by Washington State's Department of Information Services and allows Internet access to multiple online government services with the use of a unique single self-generated User-ID and password. DESCRIPTION OF DA TA This Agreement governs the transfer and access to the following data: DOL shall disclose vehicle and driver records for inspection and copying when requested by USER in writing, by telephone, over the Internet, and in person at DOL public service counter Olympia, Washington. Each request for disclosure shall be accompanied by the USER's unique account code assigned by DOL. Costs incurred for records disclosed will be imposed as defined in this Agreement DA TA CLASSIFICA TlON DECLARA TION Data described in this data sharing Agreement is assessed to be in the following data (confidentiality) classification: CONFIDENTIAL A data classification for data that, due to its sensitive or private nature, requires limited and authorized access. Its unauthorized access could adversely impact the agency legally, financially or damage its public integrity. File Name: 8147-DAP-DOL Interagency DSA.doc Terms and Conditions Page 8 of 13 8/22/2006 . . DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. RESTRICTED CONFIDENTIAL A data classification for the most sensitive medical and business data within the agency, is confidential (as defined above); however, with a need for added protection. Its unauthorized access would seriously and adversely impact the organization, its customers, employees or business partners. ACCESS TO DA TA Method of Access/Transfer The data shall be provided by the DOL in the following format based upon the option(s) chosen by Contractor at the time of application either Digital Certificate with IdenTrust and/or SecureAccess Washington or both. Frequencv of Data Exchanae Repetitive: Continual as needed basis. Authorized Access to Data Access to "Confidential" or "Restricted Confidential" information is limited to individual agency staff and business partners who are specifically authorized and who have a business need-to- know. In accordance with the terms contained herein and prior to making the data available, the USER shall notify all staff with access to the data of the use and disclosure requirements. USER will be responsible for ensuring that all employees obtaining access to the DAPS application have reviewed this contract and signed the DAPS Appropriate Use Declaration form incorporated herein by reference. This form will be kept on file at the USER's location. USE OF DATA The data provided by DOL shall be used and accessed by USER only for the limited purposes of carrying out activities pursuant to this Agreement as described in USER'S application for access submitted prior to issuance of this Agreement and incorporated by reference herein. The data shall not be duplicated or redisclosed without prior written authority of DOL. USER or USER employees shall not use the data provided for any purpose not specifically authorized under this Agreement. PROHIBITED USE OF DA TA 1. USER shall not furnish to any person, association, or organization any of the information, or part thereof, obtained from DOL. All exceptions to the above must be pre-approved in writing by the Director of DOL, or the Director's designee, setting out any limitations or conditions to which the approval is subject. Such written approval must be granted by the DOL prior to the requested use of, or release of, the information that is subject to the exception. 2. The sale or other distribution of vehicle, owner name or address or driver name or address to another person is in violation of this Agreement. This subsection shall not prevent USER from requesting additional specific exceptions from this section from DOL, subject to prior written approval of, and any conditions imposed by, DOL. No exceptions shall be valid unless approved in writing by the Director of DOL or his/her designated designee, accompanied by a statement of conditions, if any, imposed on such approval, prior to the intended use of the information that is the subject of the exception. 3. In the absence of actual delivery to and receipt by either party by mail or other means at an earlier date and/or time notice of termination shall be conclusively deemed to have been delivered to, and received by, the other party as of midnight of the third day following the date of its posting in the United States mail, addressed as provided herein. r File Name 8147-DAP-DOL Interagency DSA doc Terms and Conditions Page 9 of 13 8/22/2006 .' DOL DAPS Master Contract No. 8147 DOL Contract No._911039_ Contractor Contract No. ATTACHMENT B BUDGET COST PER RECORD 1. HARD COPIES: When DOL is requested to provide hard copies of records to USER, USER agrees to pay DOL a fee covering DOL's direct cost for copying records, not to exceed fifteen cents ($.15) for each photocopy, seventy-five cents ($.75) for each copy of microfilm, microfiche or imaged document, plus delivery costs. 2. CERTIFICATION: When copies of records are requested, USER agrees to pay DOL a fee of one dollar and fifty cents ($1.50) for each certification affixed to any print or photocopy, plus delivery costs. 3. COMPUTER-GENERATED LISTS: USER agrees to pay DOL a fee covering DOL's direct cost for computer-generated lists. The fee for each request shall be agreed upon prior to DOL disclosing the information. COST PER USER DOL shall bill USER no less than quarterly for: The monthly fixed cost of $3.00 (Three dollars) for each registered employee, for SecureAccess (regardless of activity). This fee will be reassessed periodically and the costs may go down as more users gain access. DOL maintains the right to increase or decrease the fees for rendering service under this Agreement. Any amendment to the fees shall be subject to a change in the Agreement as provided herein. File Name. 8147-DAP-DOL Interagency DSA doc Terms and Conditions Page 10 of 13 8/22/2006 .' d-t L:i1cOEtNSIN1G ATTACHMENT C Driver And Plate Search (DAPS) Application Employee List MAIL OR FAX TO COMMUNICATIONS DEPARTMENT OF LICENSING PO BOX 2076 OLYMPIA, WA 98507-2076 FAX (360) 570-4943 The DAPS agreement has been reviewed, with the employees listed below, and they are eligible to use DAPS, based on the criteria established by the Department. IMPORTANT: Please prmt the employee name and check your choice of access, . Digital Certificate (DC) or . Secure Access (SA) . And ifthe employee WIll be a Power User (PU). AGENCY ADDRESS AGENCY NAME SUPERVISOR NAME (PRINTED) X SUPERVISOR SIGNATURE SUPERVISOR PHONE NUMBER DATE DDC DDC DSA DSA DpU PU Employee Name DDC DSA PU Employee Name DDC DSA npu Employee Name DDC DSA PU Employee Name DDC DSA DpU Employee Name Employee Name DDC DSA DpU Employee Name Employee Name DDC DDC DSA DSA PU DpU Employee Name DDC DDC DSA DSA PU DpU Employee Name DDC DDC DSA DSA PU DpU Employee Name DDC DDC DSA DSA PU DPU Employee Name FOR DOL USE ONLY AGENCY AGREEMENT NUMBER: 1O-420.203DAPS(R17/06) The Department of Llcensmg has a poliCY of provldmg equal access to Its services. If you need special accommodations, please call (360) 902.3600 to TTY (360) 664-8885. File Name: 8147-DAP-DOL Interagency DSA doc DAPS Employee List Attachment C Page 11 of 13 9/14/2006 .' Y1ASHI1lGTOII mTE OEPARTMEIH Of LICENSING ATTACHMENT D Driver And Plate Search (DAPS) Appropriate Use Declaration DAPS USERS WILL: 1) Ensure the confidentiality and privacy of the information accessed. 2) Only use the information to accomplish official job duties. DAPS USERS WILL NOT: 1) Share the information with any unauthorized person. 2) Use the information for personal reasons or benefit. Misuse of this information is a felony and is punishable by fine, i I reviewed the Interagency Agreement with my supervisor and und EMPLOYEE NAME (PRINTED) DATE DATE SUPERVISOR NAME (PRINTED) n your office- please do not return to DOL. TD-420-202 (R17/06) t of LIcensing has a policy of provIding equal access to Its services. ecial accommodations, please call (360) 902-3600 or TTY (360) 664-8885. File Name: 8147-DAP-DOL Interagency DSA.doc DAPS Appropriate Use Declaration Attachment D Page 12 of 13 9/14/2006 .. . .' d-t LI'C"ENS^iNNGi ATTACHMENT E Driver And Plate Search (DAPS) Employee List Modification MAIL OR FAX TO COMMUNICATIONS DEPARTMENT OF LICENSING PO BOX 2076 OLYMPIA, W A 98507-2076 FAX (360) 570-4943 DAPS AGREEMENT NUMBER AGENCY NAME AGENCY ADDRESS ADD USER NOTE: The new employee needs to apply for a Digital Certificate or Secure Acces Check the type of access; D Digital Certificate (DC) or D Secure Access (SA) D The employee will be a Power User (PU). REMOVE USER Check the type of access the employee had; Digitalqertificate ( f\ccess (SA). 9^C ^^ SA PRINT NAME CURRENT INFORMATIO Check the type of acce (PU). (DC) or Secure Access (SA) and if the employee is a Power User Doc DSA Dpu Igital Certificate (DC) or Secure Access (SA) and if the employee is a Power User Doc DSA Dpu SUPERVISOR NAME (PRINT) SUPERVISOR PHONE NUMBER EFFECTIVE DATE OF CHANGE X SUPERVISOR SIGNATURE TD-420-205 (R17/06) The Department of LIcensing has a policy of provIding equal access to Its servIces. If you need specIal accommodatIons, please call (360) 902-3600 or TTY (360) 664-8885: File Name: 8147-DAP-DOL Interagency DSA.doc DAPS Employee List Modification Attachment E Page 13 of 13 9/14/2006 5. 7q /p DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. INTERAGENCY DISCLOSURE DRIVER AND PLATE SEARCH (DAPS) DATA SHARING AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING AND PENINSULA COMMUNICATIONS PORT ANGELES POLICE DEPARTMENT This Agreement is made and entered into between the Department of Licensing, hereinafter referred to as DOL, and the Peninsula Communications, Port Angeles Police Department. Peninsula Communications Port Angeles Police Department 321 E 5th St Port Angeles, WA 98362 . Telephone: Facsimile: E-mail: (360) 417-4911 (360) 417-4556 Sromberg@cityofpa.us Hereinafter referred to as the "Contractor "or "USER". TERMS AND CONDITIONS PURPOSE DOL has established systems for disclosing vehicle, and driver record information, including. descriptions and ownership information,to law enforcement, 911 communication dispatch centers, governmental investigators and other governmental agencies based on expressed need. This is obtained through the DOL application known as Driver and Plate Search (DAPS) as provided in chapters 42.56 RCW, 46.12 RCW, 46.52 RCW and 308-10 WAC. This Agreement provides the terms and conditions under which such information is provided for inspection and copying of records. ( . THEREFORE, IT IS MUTUALLY AGREED THAT: DEFINITIONS As used throughout this Agreement, the following terms shall have the meanings set forth below: "Confidential Information" shall mean information that may be exempt from disclosure to the public or other unauthorized persons under either chapter 42.56 RCW, or other state or federal statutes. Confidential Information includes, but is not limited to, Personal Information, agency source code or object code, and agency security data. "Individually Identifiable Health Information" is a subset of health information, including demographic information collected from an individual and relates to the past, present, or future physical or mental health or condition of an individual; the provision of health care to an . individual; or the past, present or future payment for the provision of health care to an individual, as set forth in 45 CFR ~ 164.501 as currently enacted and subsequently amended or revised. "Personal Information" means information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social File Name:K904 DAPS Port Angeles PD Pencom.docx Page 1 of 13 Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. security numbers, driver license numbers, e-mail addresses, credit card information, law enforcement records or other identifying numbers or Protected Health Information, any financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42.56.360,42.56 RCW, or other state and federal statutes. "Protected Health Information" means Individually Identifiable Health Information that is transmitted by electronic media, or transmitted or maintained in any other form or medium, as set forth in 45 CFR ~ 164.501, as currently enacted and subsequently amended or revised. "Subcontractor" means one not in the employment of a party to this Agreement, who is performing all or part of those services under this contract under a separate contract with a party to this Agreement. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. "USER' means the primary agency or entity contracting with the Department of Licensing to access the DAPS data system. STA TEMENT OF WORK The parties to this Agreement shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for, or incidental to, the exchange of data as set forth in the · Statement of Work, Attachment A; · Budget, Attachment B; · Driver and Plate Search (DAPS) Application and Employee List, Attachment C; · Driver and Plate Search (DAPS) Appropriate Use Declaration, Attachment D, and · Driver and Plate Search (DAPS) Employee List Modifications, Attachment E, which are attached hereto and incorporated by reference herein. PERIOD OF PERFORMANCE Subject to its other provisions, the period of performance of this Agreement shall begin on September 15, 2008 and expire on September 30, 2010, unless terminated sooner as provided herein. This Agreement may be extended at the exclusive option of the DOL and shall be affected by the DOL giving written notice of extension to USER. PA YMENT and BILLING PROCEDURE Payment for service(s) shall be in accordance with the Budget, Attachment 8, attached hereto and incorporated herein. USER agrees to make payment of all fees due under this Agreement before or concurrent with receiving the information requested. Payment shall be made by one of the following methods: a) USER will provide payment with each request for a hard copy of disclosure information, or b) USER will be billed quarterly when using the SecureAccess option at the rate set forth in Budget, Attachment B. Upon expiration of the Agreement, any claim for payment not already made shall be submitted within 30 days after the expiration date or the end of the fiscal year; whichever is earlier. . / RECORDS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect co'sts expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so authorized by law. Unless otherwise agreed, all books, records, documents, and other material relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, and any persons duly File Name:K904 DAPS Port Angeles PD Pencom.docx Page 2 of 13 Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. authorized by the parties shall have full access and the right to examine any of these materials during this period. Records and other documents, in any medium, furnished by one party to this agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. CONFIDENTIALITY . The use or disclosure by any party of any information concerning the other party for any purpose not directly connected with the administration of responsibilities, with respect to services provided under this Agreement, is prohibited except as otherwise required by law or by prior written consent of the other party. Each party shall maintain as confidential all information concerning study findings and recommendations, as well as,the business of the other party, its financial affairs, and relations with its clientele and its employees, and any other information, which may be specifically classified as Confidentiallnfo~mation. To the extent consistent with Washington State law, each party shall maintain all information, which the other party specifies in writing as Confidential Information. Each party shall have an appropriate Agreement with its employees and subcontractors to this effect. SAFEGUARDING OF CONFIDENTIAL INFORMA TlON Each Party shall not use or disclose Confidential Information in any manner that would constitute a violation of federal law or applicable provisions of Washington State law. Each Party agrees to comply with all federal and state laws and regulations, as currently enacted or revised, regarding data security and electronic data interchange of Confidential Information. Each party shall protect Confidential Information collected, used, or acquired in connection with this Agreement, against unauthorized use, disclosure, modification or loss.. Each party shall ensure their directors, officers; employees, subcontractors or agents use it solely for the purposes of accomplishing the services set forth in this Agreement. Each party and their Subcontractors agree not to release,divulge, publish, transfer, sell or otherwise make it known to unauthorized persons without the express written consent of the other party or as otherwise authorized by law. Each . party agrees to implement physical, electronic, and managerial policies, procedures, and safeguards to prevent unauthorized access, use, or disclosure. "USER" shall make the Personal Information available to amend as directed by DOL and incorporate any amendments into all the copies maintained by "USER" or their Subcontractors. USER shall notify the DOL immediately of becoming aware of any unauthorized access, use or disclosure. Any breach of this clause may result in termination of the Agreement, suspension of on-line access accounts and the demand for return of all confidential information. RIGHTS IN DATA Unless otherwise provided, data, which originates from this Agreement shall be "works for hire" as defined by the U.S. Copyright Act of1976 and shall be owned by the DOL. . Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books magazines, surveys, studies, computer programs, films, tapes, andlor sound reproductions. Ownership includes the right to copyright, patent, register, and the ability to transfer these rights. SECURITY OF DA TA The confidentiality classification of the data determines the handling requirements for this data while it is in motion and at rest. The required protective measures are: A recent independent security review of DOL's infrastructure recommended that all remote access to DOL's sensitive information be secured with strong authentication and encrypted communications. Given the security experts' recommendation and the sensitivity of the data provided from the DAPS.system, DOL believes a strong authentication mechanism is required ~ File Name: K904 OAPS Port Angeles PO Pencom.docx' Page 3 of 13 . Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. to positively identity the user of the system irrespective of the network used to access the application. Both digital certificates and SecureAccess WA are considered to have this strong authentication mechanism. Each party shall take due care to protect the shared data from unauthorized physical and electronic access, as described in this Agreement, to ensure the parties are in compliance with all appropriate ISB security standards. INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party. SUBCONTRACTING With prior written consent, either party may enter into subcontracts for any of the work or services contemplated under this Agreement. Consent shall not be unreasonably withheld. This clause does not include contracts of employment between a party and personnel assigned to work under this Agreement. Each party is responsible for ensuring that all terms, conditions, assurances and certifications set forth in this Agreement are carried forward to any subcontracts. AGREEMENT At TERA nONS AND AMENDMENTS This Agreement may be amended by mutual Agreement of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. TERMINA nON FOR CONVENIENCE Either party may terminate this Agreement upon 30 days' prior written notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination TERMINA nON FOR CAUSE If for any cause, either party does not fulfill in a timely and proper manner its obligations under this Agreement, or if either party violates any of these terms and conditions, the aggrieved party will give the other party written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within 15 working days. If failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other. TERMINA nON OF ACCESS Each party may at its discretion disqualify an individual authorized by the other party from gaining access to data pursuant to Driver and Plate Search Application and Employee List, Attachment C, which is attached hereto and incorporated by reference. Notice of termination of access will be by written notice and become effective upon receipt by the other party. Termination of access of one individual by either party does not affect other individuals authorized under this Agreement. DISPUTES In the event that a dispute arises under this Agreement, a Dispute Board shall determine it in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional member to the Dispute Board. The Dispute Board shall review the facts, Agreement terms and applicable statutes and rules and make a determination of the dispute. The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, either of the parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the Governor's process will control. File Name:K904 DAPS Port Angeles PD Pencom.docx Page 4 of 13 Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. GOVERNANCE This Contract shall be construed and interpreted in accordance with the laws of the state of Washington and the venue of any action brought hereunder shall be in the Superior Court for Thurston County. ORDER OF PRECEDENCE Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order: 1. Applicable state and federal statutes and rules; 2. Terms and Conditions set forth in this Agreement; 3. Statement of Work; and any attachments 4. Any other provisions of the Agreement, including materials incorporated by reference. ASSIGNMENT The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable. WAIVER A failure by either party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a writing signed by an authorized representative of the party and attached to the original Agreement. RIGHTS OF INSPECTION Each party shall provide right of access to the other party, 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 and evaluate performance, compliance, and/or quality assurance of internal policies and procedures, and/or records relating to the safeguarding, use, and disclosure of Confidential Information obtained or used as a result of this Agreement. Each party shall make available information necessary for the other party to comply with the client's right to access, amend, and receive an accounting of disclosures of their Confidential Information. . SEVERABILITY If any provision of this Agreement orany provision of any document incorporated by reference shall be held invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable. File Name:K904 OAPS Port Angeles PO Pencom.docx Page 5 of 13 Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. CONTRACT MANAGEMENT The contract manager for each of the parties shall be responsible for and shall be the contact . person for all communications and billings regarding the performance of this Agreement. (NOTE: All program support communications from the USER to DOL shall be directed through the DOL Communications Unit, see Program Support section in the Statement of Work, Attachment A, for contact information). The Contract ManaQer is: The Contract Manager for DOL is: Stephen Romberg Dani Waldron Peninsula Communications Department of Licensing Port Angeles Police Department PO Box 2076 321 E 5th St Olympia, WA 98507:-2076 Port Angeles, WA 98362 Phone: (360) 902-3824 Phone: (360) 417-4911 FAX: (360) 570-4924 FAX: (360) 417-4556 E-Mail: dwaldron@dol.wa.Qov E-Mail: Sromberg@cityofpa.us ALL WRITINGS CONTAINED 'HEREIN This Contract consists of thirteen (13) pages including the following attachments: · A = Statement of Work . B = Budget · C = Driver and Plate Search Application and Employee List · D = Driver and Plate Search (DAPS) Appropriate Use Declaration, · E - . Employee List Modifications This Contract sets forth in full all the terms and conditions agreed upon by the parties. Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Contract shall be deemed to be null and void and of no force and effect whatsoever. IN WITNESS WHEREOF, the parties have executed this Agreement, affirm they have the authority to bind their respective parties to the terms and conditions of this Agreement. . Peninsula Communications Port Angeles Police Department State of Washington Department of Licensing . c--~au# fJh/()~ . . aure) . I '(Date) ~) i, Q,c,.t*e..e.. C1-He.( o( ~l~ (Title) W-,~\Lv~ ~.h31[~ Julie Knittle, Assistant Director (Date) APPROVED AS TO FORM ONLY SiQnature on File Jerald Anderson, AAG 7 -30-06 (Date) File Name:K904 DAPS Port Angeles PD Pencom.docx Page 6 of 13 Terms and Conditions 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. Attachment A STATEMENT OF WORK SCOPE DAPS is used by the Department of Licensing (DOL) Communications Unit to respond to inquiries and is used to locate a vehicle or driver record when only partial information is available. DOL shall provide the application in a browser environment and is available for search queries 24 hours a day, except during system maintenance. DOL shall disclose vehicle and driver record information for inspection and hard copying when requested by USER over a secure Internet connection using DOL's DAPS application. Access to DAPS is for secure use by USER and USER's employees only. The USER will also ensure that they will not share the information with anyone outside the workplace, and will not use any information for their own purpose and/or benefit. Any use of the application by persons other than employees of the USER or for purposes other than to accomplish the USER's official job functions is grounds for immediate termination of this Agreement as provided herein. , PROGRAM SUPPORT The program support liaison for the USER shall be the primary contact for all communications regarding: · Installation and operations of DAPS; · Registration process of the digital certificate and SecureAccess Washington · Troubleshooting issues or problems that occur; · User acceptance testing for system updates; · Law enforcement questions; · Processes for modifying, adding, terminating employees from Employee List and/or general questions · Notification of system maintenance The Program Support. for DOL is: Department of Licensing Communications Unit PO Box 2076 Olympia WA 98507-2076 Phone: (360)-902-3708 FAX: (360)-570-4943 E-Mail: dapscomm@dol.wa.Qov Mon- Fri. 8:00am to 5:00pm USERS Shall: 1. Take all steps necessary to ensure the application is accessible and used only by authorized personnel to accomplish their official job functions. 2. Notify DOL in writing of employees who are eligible for access to the DAPS system using the DAPS Application Employee List form incorporated herein by reference. 3. Be responsible to immediatelv notify DOL in writing of any changes to the access eligibility by using the DAPS Employee List Modification form http://www.dol.wa.Qov/forms/420205.pdf incorporated herein by reference. 4. Ensure the USER and USER's employees and agents will maintain the confidentiality and of vehicle and driver records by: File Name: K904 OAPS Port Angeles PO Pencom.docx Page 7 of 13 Statement' of Work Attachment A 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. a. protecting their account numbers and passwords; . b. regularly changing passwords, by instructing users to change their password every 90 days, as recommended for security enhancement and by using hard to guess passwords; particularly when there are changes in personnel; c. instituting penalties for misuse of data; and , d. E(nsuring that employees are familiar with the provisions of this contract. 5. Have the ability and are responsible to cancel their SecureAccess account. Non-' canceled accounts will be billed regardless of activity and USER is liable for the charges incurred. . 6. With a written request to DOL, USER may be allowed to obtain hard copies of records: a. .Copy of an individual vehicle/ and driver record may be provided as authorized in RCW 46.12,380, RCW 46.52.120 and RCW 46.52.130. b. Lists of individual records may be provided as authorized in RCW 46.12.370 and RCW 42.56. c. NOTE regarding the' updating of information: i. Vehicle responses received may contain information that has not been updated for up to 48 hours. . ii. Driver responses received may contain information that has not been updated for up to 24 hours. 7. Require USER employees toapplyfor and receive either a digital certificate from IdenTrust or registration with SecureAccess Washington for each employee accessing the DAPS application. 8. USER is provided the following options for access to the DOL DAPS system, IdenTrust and SecureAccess Wash[ngton or may elect to use both option~. . IdenTrust The USER will pay IdenTrust for the digital certificates along with a certificate renewal fee every two years. As a licensed, regulated entity, DST must comply with Washington law RCW 19.34 and operate under the rules set forth in chapter 434-180 of the Washington Administrative Code. . SecureAccess USER accessing DAPS through SecureAccess Washington will be billed by DOL for the total number of active users within their agency. SecureAccess WA is a single sign-on application gateway created by Washington State's Department of Information Services and allows Internet access to multiple online government services with the use of a unique single self-generated User-ID and password. DESCRIPTION OF DATA This Agreement governs the transfer and access to the following data: DOL shall disclose vehicle and driver records for inspection and copying when requested by USER in writing, by telephone, over the Internet, and in person at DOL public service counter Olympia, Washington. Each request for disclosure shall be accompanied by the USER's unique account code assigned by DOL. Costs incurred for records disclosed will be imposed as defined in this Agreement. . DA TA CLASSIFICA TlON DECLARA TlON Data described in this data sharing Agreement is assessed to be in the following data (confidentiality) classification: CONFIDENTIAL A data classification for data that; due to its sensitive or private nature, requires limited and authorized access. Its unauthorized access could adversely impact the agency legally, financially or damage its public integrity. File Name: K904 DAPS Port Angeles PD Pencom.docx Page 8 of 13" Statement of Work Attachment A 7/23/2008 DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. RESTRICTED CONFIDENTIAL A data classification for the most sensitive medical and business data within the agency, is confidential (as defined above); however, with a need for added protection. Its unauthorized access would seriously and adversely impact the organization, its customers, employees or business partners. ACCESS TO DATA Method of AccesslTransfer The data shall be provided by the DOL in the following format based upon the option(s) chosen by Contractor at the time of application either Digital Certificate with IdenTrust and/or SecureAccess Washington or both. FreQuencv of Data Exchanqe Repetitive: Continual as needed basis. Authorized Access to Data. Access to "Confidential" or "Restricted Confidential" information is limited to individual agency staff and business partners who are specifically authorized and who have a business need~to- know. In accordance with the terms contained herein and prior to making the data available, the USER shall notify all staff with access to the data of the use and disclosure requirements. USER will be responsible for ensuring that all employees obtaining access to the DAPS application have reviewed this contract and signed the DAPS Appropriate Use Declaration form incorporated herein by reference. This form will be kept on file at the USER's location. USE OF DA TA The data provided by DOL shall be used and accessed by USER only for the limited purposes of carrying out activities pursuant to this Agreement as described in USER'S application for access, submitted prior to issuance of this Agreement and incorporated by reference herein. The data shall not be duplicated or redisclosed without prior written authority of DOL. USER or USER employees shall not use the data provided for any purpose not specifically authorized under this Agreement. PROHIBITED USE OF DATA 1. USER shall not furnish to any person, association, or organization any of the information, or part thereof, obtained from POL. All exceptions to the above must be pre-approved in writing by the Director of DOL, or the Director's designee, setting out any limitations or conditions to which the approval is subject. Such written approval must be granted by the DOL prior to the requested use of, or release of, the information t~at is subject to the exception. 2. The sale or other distribution of vehicle, owner name or address or driver name or address to another person is in violation of this Agreement. This subsection shall not prevent USER from requesting additional specific exceptions from thi.s section from DOL, subject to prior written approval of, and any conditions imposed by, DOL. No exceptions shall be valid unless approved in writing by the Director of DOL or his/her designated designee, accompanied by a statement of conditions, if any, imposed on such approval, prior to the intended use of the information that is the subject of the exception. 3. In the absence of actual delivery to and receipt by either party by mail or other means at an earlier date and/or time notice of termination shall be conclusively deemed to have been delivered tO,and received by, the other party as of midnight of the third day following the date of its posting in the United States mail, addressed as provided herein. File Name:. K904 DAPS Port Angeles PD Pencom.docx Page 9 of 13 Statement of Work Attachment A 7/23/2008 oj DOL Contract No. K904 DOL Account No. 911039 Contractor Contract No. ATTACHMENT B BUDGET COST PER RECORD 1. HARD COPIES: When DOL is requested to provide hard copies of records to USER, USER agrees to pay DOL a fee covering DOL's direct cost for copying records, not to exceed fifteen cents ($.15) for each photocopy, seventy-five cents ($.75) for each copy of microfilm, microfiche or imaged document, plus delivery costs. 2. CERTIFICATION': When copies of records are requested, USER agrees to pay DOL a fee of one dollar and fifty cents ($1.50) for each certification affixed to any print or photocopy, plus delivery costs. 3. COMPUTER-GENERATED LISTS: USER agrees to pay DOL a fee covering DOL's direct cost for computer-generated lists. The fee for each request shall be agreed upon prior to DOL disclosing the information. COST PER USER DOL shall bill USER no less than quarterly for: The monthly fixed cost of $3.00 (Three dollars) for each registered employee, for SecureAccess (regardless of activity). This fee will be reassessed periodically and the costs may go down as more users gain access. DOL maintains the right to increase or decrease the fees for rendering service under this' Agreement. Any,amendment to the fees shall be subject to a change in the Agreement as provided herein. File Name: K904 OAPS Port Angeles PO Pencom,docx Page 10 of 13 Budget Attachment B 7/23/2008 LICENSING ATTACHMENT C Driver And Plate Search (DAPS) Application Employee List MAIL OR FAX TO COMMUNICATIONS DEPARTMENT OF LICENSING PO BOX 2076 OLYMPIA, WA 98507-2076 FAX (360) 570-4943 The DAPS agreement has been reviewed, with the employees listed below, and they are eligible to use DAPS, based on the criteria established by the Department. AGENCY ADDRESS AGENCY NAME SUPERVISOR NAME (PRINTED) SUPERVISOR PHONE NUMBER X SUPERVISOR SIGNATURE DATE IMPORTANT: Please print the employee name and check your choice of access; . Digital Certificate (DC) or . Secure Access (SA) . And if the employee will be a Power User (PU). Doc Doc DSA DSA npu o PU Employee Name Employee Name Doc Doc DSA DSA Dpu DpU Employee Name Employee Name DoC Doc DSA DSA Dpu DpU Employee Name Employee Name DDC Doc DSA DSA npu DpU Employee Name Employee Name Doc Doc DSA DSA Dpu DpU Employee Name Employee Name Doc Doc DSA DSA npu n PU Employee Name Employee Name Doc Doc DSA DSA npu npU Employee Name Employee Name Doc Doc DSA DSA Dpu npU Employee Name Employee Name Doc Doc DSA DSA Dpu DpU Employee Name Employee Name Doc Doc DSA DSA npu npU Employee Name Employee Name FOR DOL USE ONLY AGENCY AGREEMENT NUMBER: TD-420-203 DAPS(RI7/06) The Department of Licensing has a policy of providing equal access to its services. If you need special accommodations, please call (360) 902-3600 to TTY (360) 664-8885. FileName:'K904 OAPS Port Angeles PDPencom:d~Page '11 of 1~--'--~- DAPS Employee List Attachment C 7/23/2008 LICENSING ATTACHMENT D Driver And Plate Search (DAPS) Appropriate Use Declaration DAPS USERS WILL: 1) Ensure the confidentiality and privacy of the information accessed. 2) Only use the information to accomplish official job duties. DAPS USERS WILL NOT: 1) Share the information with any unauthorized person. 2) Use the information for personal reasons or benefit. Misuse of this information is a felony and is punishable by fine, imprisonment or both. I reviewed the Interagency Agreement with my supervisor and understand the expectations for using DAPS. EMPLOYEE NAME (PRINTED) EMPLOYEE SERIAUBADGE NUMBER X EMPLOYEE SIGNATURE DATE SUPERVISOR NAME (PRINTED) X SUPERVISOR SIGNATURE DATE Signed copies of this declaration should be kept on file in your office- please do not return to DOL. TD-420-202 (R/7/06) The Department of Licensing has a policy of providing equal access to its services. If you need special accommodations, please call (360) 902.3600 or TTY (360) 664-8885. File Name: K904 DAPS Port Angeles PD Pencom.docx Page 12 of 13 DAPS Appropriate Use Declaration Attachment D 7/23/2008 . , LICENSING ATTACHMENT E Driver And Plate Search (DAPS) Employee List Modification MAIL OR FAX TO COMMUNICATIONS DEPARTMENT OF LICENSING PO BOX 2076 OLYMPIA, WA 98507-2076 FAX (360) 570-4943 DAPS AGREEMENT NUMBER AGENCY ADDRESS AGENCY NAME ADD USER NOTE: The new employee needs to apply for a Digital Certificate or Secure Access. Check the type of access; o Digital Certificate (DC) or o Secure Access (SA) o The employee will be a Power User (PU). PRINT NAME REMOVE USER Check the type of access the employee had; Digital Certificate (DC) or Secure Access (SA). ODC OSA PRINT NAME UPDATE USER INFORMATION CURRENT INFORMATION Check the type of access; Digital Certificate (DC) or Secure Access (SA) and if the employee is a Power User (PU). ODC OSA OPU PRINT NAME UPDATED IMFORMATION Check the type of access; Digital Certificate (DC) or Secure Access (SA) and if the employee is a Power User (PU). ODC OSA OPU PRINT NAME SUPERVISOR NAME (PRINT) SUPERVISOR PHONE NUMBER EFFECTIVE DATE OF CHANGE X SUPERVISOR SIGNATURE TD-420-205 (RI7/06) The Department of Licensing has a policy of providing equal access to its services. If you need special accommodations, please call (360) 902-3600 or TTY (360) 664-8885. - File Name: K904 DAPS Port Angeles PO Pencom.docx DAPS Employee List Modification Attachment E Page 13 of 13 7/23/2008