HomeMy WebLinkAboutMOU with ITD for Motor Vehicle Title and Registration Record SharingMEMORANDUM OF UNDERSTANDING
Between
THE IDAHO TRANSPORTATION DEPARTMENT
And
THE CITY OF MERIDIAN
THIS MEMORANDUM OF UNDERSTANDING is hereby made and entered into by and between the
State of Idaho Transportation Department, (hereinafter "ITD"), and the City of Meridian.
PURPOSE:
This Memorandum of Understanding ("MOU") is established by the undersigned parties to
provide an agreement that parties shall share records and information as specified by "Request
for Information" forms for Motor Vehicle Title (Exhibit A), Motor Vehicle Registration (Exhibit
B) and /or Commercial Vehicle Registration (Exhibit C) information. The MOU-may be updated
as necessary.
AUTHORITY:
Legal authority for this MOU includes Sections 67-2326 through 67-2333 and 67- 2339, Idaho
Code.
Idaho Code Section 49-203(4)(a) allows personal information within DMV records to be
released to third parties "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."
RESPONSIBILITIES AND PROCEDURES:
BOTH PARTIES SHALL:
1. Benefit through increased communication, sharing of information, participation,
cooperation, and coordination in implementing their respective missions.
2. Provide records to the participants related to the execution and performance of this MOU
and shall be subject to the provisions, requirements, and exemptions of the Idaho Public
Records Act, Idaho Code §§ 74-101 through 74-126.
3. Resolve any disputes between entities concerning any aspect of this agreement through
good faith efforts.
4. Comply with all current provisions of the federal Driver's Privacy Protection Act of
1994, as amended by PL 106-69 (18 USC § 2721 et.sec.), applicable Idaho driver privacy
protection (Idaho Code section 49-203) and all other state and federal laws applicable to
this agreement.
ITD SHALL:
1. Provide the vehicle and/or related records including personal records and information as
specified in attached Information Request(s) in a timely manner, usually two (2) weeks
following the end of the requested time period.
2. Provide Idaho State Controller's Office (SCO) with necessary information to establish
access for the City of Meridian to retrieve record files from the Secure File Delivery
System website.
3. Provide records and information "as is." No representation or warranty as to the accuracy
of any record or information furnished shall be made.
4. Request updates to all exhibits every 5 (five) years.
City of Meridian SHALL:
1. Agree that the use of the records and information received under this agreement is for
permissible statutory purposes to carry out the functions of the City of Meridian.
2. Agree that the records and information received under this agreement shall not be used to
engage in any method, act or practice which is unfair or deceptive, nor shall be used for
marketing or solicitations or surveys not authorized by law.
3. Not sell or in any way release personal information obtained under this agreement to third
parties without the express written consent of ITD.
4. Agree to indemnify and save harmless ITD and any of its officers, agents or employees,
with respect to any claims asserted against them arising from any act or omission
attributable to the City of Meridian, its officers, agents or employees.
5. Assume responsibility for protection and safeguarding of all personal information
received from ITD. This includes following the process outlined in Idaho Code 28-51-
105 in the event of a security breach where personal information is disclosed.
LIMITATIONS:
Nothing in this Memorandum of Understanding by and between ITD and City of Meridian shall
be construed as limiting or expanding the statutory or regulatory responsibilities of either agency
or any involved individual acting on behalf of the agency or in performing functions granted to
them by law; or as requiring either agency to expend any sum in excess of its respective
appropriation. Each and every provision of this Memorandum is subject to the laws and
regulations of the state of Idaho and of the United States.
Nothing in this instrument in any way restricts any entity from participating in similar activities
with other public or private agencies, organizations, and individuals.
EFFECTIVE DATE:
This Memorandum of Understanding shall become effective upon signature of the Director of
ITD and the Mayor of City of Meridian.
METHOD OF TERMINATION:
This Memorandum of Understanding shall remain in force unless formally terminated by either
party after thirty (30) days written notice to the other party.
AMENDMENTS:
Amendments to this memorandum shall become effective upon the date of mutual agreement and
written approval by the Director of ITD and the Mayor of City of Meridian.
SIGNATURES:
IDAHO TRANSPORTATION DEPARTMENT
By: Date:
Brian W. ess, birector
Approved as to form:
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