R13-025R RESOLUTION R13- 04.A
15 : periodically; and
16 WHEREAS, this Memorandum of Understanding would allow the Risk
17 Management Department to obtain driver motor vehicle records via electronic data
18 exchange twice annually at no cost to the City; and
19 WHEREAS, upon recommendation of staff, the City Commission has determined
20 that it is in the best interests of the residents of the City to approve and authorize the Mayor
21 to execute the Memorandum of Understanding between the City of Boynton Beach and the
22 Florida Department of Highway Safety and Motor Vehicles to receive free driver motor
23 vehicle records from the State of Florida twice annually.
26 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as
27 being true and correct and are hereby made a specific part of this Resolution upon adoption
28 hereof.
29 Section 2. The City Commission of the City of Boynton Beach, Florida does
\\appsl city. cbb\auto\Data\ I 70\1tems\1 62\23 13\3 014\Reso MV—MOU—(vehicle—records).doc
j- hereby approve and authorize the Mayor to execute the Memorandum of Understanding
between the City of Boynton Beach and the Florida Department of Highway Safety and
3 Motor Vehicles to receive free driver motor vehicle records from the State of Florida twice
4 annually, a copy of the Memorandum of Understanding is attached hereto as Exhibit "A".
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M. Prainito, MMC
170\ltems' 3014\Reso
Section 3. This Resolution will become effective immediately upon passage.
41
PASSED AND ADOPTED this day of March, 2013.
�
— Je Tayl
Commissioner — Michael M. Fit atri
Commis ner — Wa��:I�
MEMORANDUM OF
• •, MOTOR VEHICLE RECORD ■
Contract Number
This Memorandum of Understanding (MOU) is made and entered into by and between City of Boynton Beach
Risk Management Department hereinafter referred to as the Requesting Party and the Department of Highway
Safety and Motor Vehicles hereinafter referred to as the Providing Agency.
t;
The purpose of this MOU is to establish conditions under which the Providing Agency agrees to provide electronic
access to driver license and motor vehicle data to the Requesting Party as follows:
Type of Data Requested
• DUDMV transaction data
• Driver license status
• Motor vehicle status
• Driver license transcript (3 -year)
• Driver license transcript (7 -year or complete)
• Cost recovery fee for TML, Inc."
❑ Motor vehicle list
❑ Driver license list
I ❑ Driver record search
❑ Motor vehicle record
❑ Residency verification
• DAVID (criminal justice use only)
• DAVE (government agencies only)
❑ with Photos /Signatures
❑ Motor Vehicle Insurance Data
ExchangeNerification
Statutory Fees (sub_ ject to change by the Legislature)
® No Charge
❑ $0.50 /record, per s. 320.05
❑ $0.50 /record, per s. 320.05, F.S.
❑ $8.00 /record, per s. 322.20, F.S.
❑ $10.00 /record, per s. 322.20, F.S.
❑ $0.02 1record (rounded to nearest $0.01 daily prior
to electronic funds transfer. TML will determine fee on
an annual basis)
❑ $0.01 /record, per s. 320.05, F.S.
• $0.01 /record, per s. 322.20, F.S.
• $0.01 /record or $2.00 /record if no record is found,
per s. 322.20, F.S.
❑ $0.50 /record, per s. 320.05, F.S.
❑ $0.01 /record, per s. 322.20, F.S.
N/A
N/A
NIA
* TML Information Services, Inc. owns and operates the computer hardware and software that allows remote
interactive access to the databases of the Providing Agency for the Requesting Party. For each single transaction
received by the system, one type driver license history will be returned.
❑ The Requesting Party is not requesting personal information and/or is not qualified to obtain personal information
pursuant to the Driver's Privacy Protection Act.
0 The Requesting Party is requesting personal information and declares that it is qualified to obtain personal
information under the following exception numbers, as listed in Attachment 1, authorized by the Driver Privacy
Protection Act: 2 . Personal information will be used as follows:
Determine driver's privilege to drive city vehicles every 6 months.
❑ The Requesting Party is authorized to receive a 9 -digit social security number® a 4 -digit social security
number, pursuant to Chapter 119, F.S., or other applicable laws.
❑ The Requesting Party is authorized to receive insurance data on a per record basis for the purposes, pursuant to
section 713.78(4)(b), F.S., or other applicable laws. The Requesting Party may only re- release this information to
parties authorized to receive it under section 713.78(4)(b), F.S.
Received by (Initial /Date)
Data Exchange MOU (Rev. 06 -01 -2012) Page 1 of 7
IL Defi nitions
G. "Network Provider" — A Requesting Party whose access is provided by remote electronic means through the
System to request specific types of date at a minimum of 5,000 transactions per month. A six (6) month
startup period will be allowed for new Network Providers, during which time, less than 5,000 transactions per
month will be accepted.
H. "Personal Information" — Information found in the motor vehicle or driver record which includes, but is not
limited to, the subject's driver identification number, name, address, telephone number, and medical or
disability information. Personal information does not include information related to vehicular crashes, driving
violations, and driver's status.
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J. "Driver license information" — driver license and identification card data collected and maintained by the
Providing Agency.
I
A. "Motor vehicle information" — title and registration data collected and maintained by the Providing Agency for
vehicles, and mobile homes.
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The Providing Agency maintains computer databases containing information pertaining to driver licenses and motor
vehicles pursuant to Chapters 319, 320, and 322, Florida Statutes and
- Wipi
The Parties, in consideration of the promised and mutual covenants hereinafter contained, do hereby enter into this
•
10'ata Exchange MOU (Rev. 06-01-2012) Page 2 of 7
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B. Discontinue access of the Requesting Parly for non-payment of required fees. The Providing Agency
shall not be responsible for the failure, refusal, or inability of the Requesting Party/Network Provider to
make the required payments, or interest on late payments for periods of delay attributable to the action
or inaction
• Network Providers.
7, Not indemnity or be liable to the Requesting Party/Network Provider for any driver license or motor
vehicle information, programs, job streams, or similar items delayed, lost, damaged, or destroyed as a
result of the electronic exchange of data pursuant to this MOU, except as provided in section 768.28,
Florida Statutes.
8, Notify the Requesting Party/Network Provider thirty (30) days prior to changing any fee schedules when
it is reasonable and necessary to do so, as determined by the Providing Agency. All fees are
established by Florida low. Any changes in fees shall be effective on the effective date of the
corresponding law change. The Requesting Party/Network Provider may continue with this MOU as
modified or it may terminate the MOU In accordance with Section IX, subject to the payment of all fees
incurred prior to termination.
9. Perform all obligations to provide access under this MOU contingent upon an annual appropriation by the
Legislature.
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1. For the Requesting Party, driver license and/or motor vehicle, information may only be used for the
express purposes described herein. Information obtained from the Providing Agency by the Requesting
Party shall not be retained by the Requesting Party, unless obtained for a law enforcement purpose or
resold to any Third Party.
Data Exchange MOU (Rev. 06-01-2012) Page 3 of 7777
14.
4. Ensure that its employees and agents comply vvith Section V. Safeguarding Information procedures of
this MOU.
Data-Exchange MOU (Rev. 06-01-2012) Page 4 of 7
ME=
Vi. ComDllance and Control Measures
Data Exchange MOU (Rev. 06-01-2012) Page 5 of 7
Vii® Period of Performance
YOWT111 Ws" J
years from the date of execution, as provided on the next page. Once executed, this MOU supersedes all previous
agreements for these conditions of services defined in Section 1.
Vill. Amendments
A. This MOU incorporates all prior negotiations, interpretations, and understandings between the Parties, and is
the full expression of their agreement.
B. This MOU may be subsequently amended by written agreement between the Parties. Any change,
alteration, deletion, or addition to the terms set forth in this MOU and its numbered addendums must be by
written agreement executed • both Parties.
C. All provisions not in conflict with the amendment(s) shall remain in effect and are to be performed as
specified in this MOU.
IX Termination
A. This agreement may be terminated for cause by either party upon finding that the terms and conditions
contained herein are not being followed. No written notice • notifying period %%411 be required.
This agreement is subject to unilateral cancellation by the Providing Agency without notice for failure of the
Requesting Party to comply with any of the requirements of the MOU and applicable Florida Statutes,
including section 119.0712(2), Florida Statutes.
C. The Contract may be terminated upon thirty (30) days notice in writing to the Contract Manager without
penalty to either party. All obligations of either party under the contract will remain in force during the thirty
(30) day notice period.
Data. Exchange MOU (Rev. 06-01-2012) Page 6 of 7
Risk Management Department
suite
Mayor
Tide
Mwt.eA� -101.
Date
E-Mail Address
561.742.6010
Phone Number
561.742.6011
Fax Number
Data Exchange MOU (Rev, 06-01-2012) Page 7 of 7
0
Jonathan Kosberg
Printedrryped Name
Date
ATTACHMENT
4. For use in the normal course of business by a legitimate business or its agents, employees, or contractors, but only:
(a) To verify the accuracy of personal information submitted by the individual to the business or its agents, employees, or contractors; and
(b) If such information as so submitted is not correct or is no longer correct, to obtain the correct information, but only for the purposes of preventing
fraud by, pursuing legal remedies against, or recovering on a debt or security interest against, the individual.
HSMV 46015 - ATTACHMENT 1 (04111)