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Memo of Understanding_IDOT Parking Ticket Registration Holds TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: State of Iowa Department of Motor Vehicle Memorandum of Understanding DATE: October 31, 2012 Parking Division Manager Tim Horsfield recommends City Council approval of a Memorandum of Understanding with the State of Iowa Department of Motor Vehicles related to placement of holds by the City against any vehicle registrations that have unpaid parking tickets. This has been in place informally for the past year to make sure it would work well and now the State Iowa Department of Motor Vehicles would like this Memorandum of Understanding between the two agencies. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Teri Goodmann, Assistant City Manager Tim Horsfield, Parking Division Manager Masterpiece on the Mississippi Dubuque AII- Ameriea City 1 2012 Parking Division 830 Bluff Street Dubuque, IA 52001 563 - 589.4267 www.cityofdubuque.org /parking To: Michael C. Van Milligen, City Manager From: Tim Horsfield, Parking Division Manager Date: October 11, 2012 Subject: State of Iowa Department of Motor Vehicle Memorandum of Understanding Attached you will find a memorandum of understanding between the City of Dubuque and the State of Iowa Department of Motor Vehicles. This MOU is related to the placement of holds by the City against any vehicle registrations that have unpaid parking tickets. This has been in place informally for the past year to make sure it would all work well and now they would like this MOU between the two agencies. This has been reviewed by City Attorney Barry Lindahl and City Information Services Manager Chris Kohlman and both have indicated they approve of the contents and have no issues with the MOU. If you would please sign and return at your convenience I would appreciate it and if you have any questions please call. Thank You. 1 MEMORANDUM OF UNDERSTANDING MOU- 2012 - COD -001 BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION, MOTOR VEHICLE DIVISION AND THE CITY OF DUBUQUE, IOWA PARTIES: THIS AGREEMENT is made and entered into on the date of signing between the Iowa Department of Transportation, Motor Vehicle Division (hereinafter "Provider "), and the City of Dubuque, Iowa (hereinafter "Recipient "). PURPOSE: The purpose of this Agreement is to allow the Recipient to receive a secure weekly file transfer from the Provider containing certain Iowa vehicle and owner record information, as set forth in Schedule A attached hereto, in order to carry out the official functions of a Federal, state, or local government agency; specifically in order to issue, verify and process parking - related citations. Recipient agrees to use this information subject to and in accordance with the limitations of all applicable state and Federal law, including Iowa Code §321.11 and the Driver's Privacy Protection Act of 1994, 18 U.S.C. § §2721 -25 (hereinafter "DPPA "). DATA TO BE PROVIDED: Information from Iowa vehicle and owner records as designated by the fields listed on Schedule A of this Agreement. METHOD OF DATA ACQUISITION: Recipient will obtain the vehicle and owner record information from Provider by means of a secure, encrypted file transfer process on a weekly basis. Recipient agrees to take all necessary and reasonable measures to ensure the integrity and security of this process in accordance with industry standards and all applicable state and Federal law, as discussed in "Protection of Data." AGREEMENT ADMINISTRATORS: Mark Lowe, Director of the Motor Vehicle Division, is the Authorized State Official for this Agreement. The Authorized State Official must approve any changes in the terms or conditions of this Agreement. Negotiations concerning this Agreement should be referred to the above named person at 515 - 237 -3121 or mark.lowe(adot.iowa.gov. Tim Horsfield, City of Dubuque, Parking Division Manager has been designated by the Recipient to act as Agreement Coordinator. This individual is responsible for all administrative matters of this Agreement. Negotiations concerning the Agreement should be referred to the above named person at 563- 589 -4267 or thorsfie ©cityofdubuque.org. DURATION: Subject to the provisions discussed below in "Modification and Termination," this Agreement shall remain in effect for two (2) years from the effective date or until modified or terminated as provided in this Agreement, whichever occurs first. This Agreement may be extended for an additional period of two (2) years by written Agreement signed by the authorized representatives for the parties. LIMITATIONS ON USE: Recipient agrees to use the vehicle and owner record information subject to and in accordance with the limitations of all applicable state and Federal laws, including the DPPA, 18 U.S.C. § §2721 -25, and Iowa Code §321.11. PROTECTION OF DATA: Recipient agrees to employ any and all security measures as are reasonably necessary to protect against illegal or unauthorized access to any data and/or information that Recipient (including its agents and employees) comes to possess as a result of this Agreement. Recipient agrees not to sell, assign, transfer or otherwise disclose the vehicle and owner record information or any part thereof except for purposes expressly permitted under the DPPA and Iowa Code §321.11. Transfer means dissemination by written, audio or electronic means. Recipient agrees and acknowledges that the duties set forth herein are ongoing for the life of the data and do riot lapse or cease in the event the Agreement is terminated or otherwise modified. REQUIREMENT OF THIRD -PARTY CONTRACT: Recipient shall enter into a written contract with any third -party (individual or entity) to which it transfers or rediscloses the vehicle and owner record information, or any part thereof, received from Provider. This contract shall require the third -party to adhere to the DPPA and Iowa Code §321.11 in the use or redisclosure of any information or data received. Recipient agrees to supply Provider with a list of any such third - parties and copies of signed contracts upon request. RECORD KEEPING: In compliance with the DPPA, Recipient agrees to keep a record for five (5) years of all persons to whom the vehicle and owner record information obtained under this Agreement is redisclosed in accordance with the preceding paragraph, and consistent with all statutory limitations found therein, which shall include the purpose for which the information is to be used by any such third party. Recipient assumes full responsibility for assuring record maintenance and protection, including determining the methods used for record keeping and the sufficiency of such methods under all applicable state and Federal law. Recipient agrees to make such records available to the Provider upon request. NOTIFICATION AND COOPERATION: In the event of any breach of law or security involving personal information, including breach by any third party, Recipient agrees it will immediately notify Provider upon discovery and will fully cooperate with Provider to investigate the issue(s) and take all corrective action required by Provider. INDEMNIFICATION: To the extent permitted by applicable law of Recipient's jurisdiction, including applicable Federal law, Recipient will defend, indemnify, and hold harmless the State of Iowa, the Iowa Department of Transportation, its agents, officers, employees, and assignees from any claims arising out of or related to Recipient's access to or use of the data and /or information obtained under this Agreement, including but not limited to: Recipient's redisclosure of any data and /or information obtained in connection with this Agreement, whether authorized or unauthorized, while the data and /or information is under Recipient's control; any claim that Recipient failed to provide adequate security for and /or administrative control over the data /information; any breach of this Agreement; and any claim that Recipient, or a third -party that obtained the data from Recipient, otherwise violated the DPPA and /or Iowa Code §321.11. DISCLAIMER OF LIABILITY: With respect to information available from Provider, Recipient accepts and acknowledges that neither the Iowa Department of Transportation nor any of its employees, agents, officers, or assignees makes any warranty, express or implied, including the warranties of merchantability and fitness for a particular purpose, as to the vehicle and owner record information, or assumes any legal liability or responsibility for the accuracy, completeness, or usefulness of any data or information. MODIFICATION AND TERMINATION: Other than modification or termination by operation of law, this Agreement can be modified by the mutual assent of both parties only. This Agreement may be terminated by either party at will with a thirty (30) day written notice, except in the case of Recipient's misuse or misappropriation of any data and /or information obtained under this Agreement, including, but not limited to, breach of security or illegal or unauthorized access, or any other use of information prohibited by law, in which case Provider reserves the right to immediately terminate this Agreement. This AGREEMENT is effective on the date of execution of the last signatory hereto. IOWA DEPARTMENT OF TRANSPORTATION CITY OF DUBUQUE MOTOR VEHICLE DIVISION BY: Mark Lowe, Director Michael C. Van Milligen Motor Vehicle Division, IDOT City of Dubuque City Manager DATE: /(1777,,z. Schedule A to MOU- 2012 - COD -001 Between the Iowa Department of Transportation and City of Dubuque, Iowa Vehicle and Owner Record Information to be Provided to Recipient 1. Owner(s) name, date of birth, social security number 2. Owner(s) address 3. Managing county and renewal month 4. Vehicle make, model and year 5. License plate number, type and VIN 6. Date ticket was issued