HomeMy WebLinkAboutContract for Purchase of Records in Bulk Idaho Transportation Department for Information Technology and Police DepartmentNovember 9, 2009
City of Meridian
Mike Tanner, Information Technology
33 E Broadway Ave
Meridian, ID 83642
Deaz Mr. Tanner:
Attached is the "Contract for Purchase of Records in Bulk," from the Idaho
Transportation Department (ITD). Please complete, sign and return the contract to this
office.
Fees for requested information aze waived for county or state agencies; however,
conditions of the contract must be met.
If you have questions, please call Cathy at 208-334-8601 or Peggy at 208-334-8741.
Information requests will be filled in the order they aze received as soon as staff time is
available.
Sincerely,
DOUG BENZON
Economics and Reseazch Manager
Attachments
M
State of Idaho
Idaho Transportation Department
CONTRACT FOR PURCHASE OF RECORDS IN BULK
For Permissible Purposes
Agreement Between Purchaser:
(Name and Address)
CITY OF MERIDIAN STATE OF IDAHO
ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT
33 EAST BROADWAY AVE P. O. BOX 7129
MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129
Specify names and addresses of subsidiaries, if any, that will be using data:
INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT
WHEREAS, Idaho law authorizes the Idaho Transportation Department (hereinafter the
Department) to sell driver, vehicle, and related records individually and in bulk for specified
permissible purposes; and
WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994
(PL 103-322; 18 USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997
(codified in § 49-203) extend privacy protection to personal information maintained in the files of
state motor vehicle agencies from selling personal information in bulk for purposes of marketing,
solicitations, and certain surveys unless a state has first obtained express consent from each
individual about whom listed personal information pertains; and
WHEREAS, the State Legislature has refrained from enacting any express consent system for use in
Idaho; and
WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before
receiving any records, to execute a written purchase agreement or contract containing such
safeguards as the Department considers necessary or reasonable, to ensure that all information and
records purchased are used only for permissible purposes and that the rights of individuals and the
Department are protected; and
WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle,
and/or related records, including personal information, from the Department,
IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the
records and information of the Department specified below, subject to the following terms and
conditions:
1 of 6
1. Records and Information Sold.
The following copies of records and information of the Department are sold in bulk under
this contractual agreement:
X a. Motor Vehicle title records. (See attached exhibit "A")
b. Motor Vehicle registration records. (See attached exhibit "B")
c. Commercial Vehicle registration records. (See attached exhibit "C")
Frequency of Request.
Single Request
_X_* Monthly update program for those items checked above, as available from the
Department.
* Quarterly update program for those items checked above, as available from the Department.
*Requests for monthly and quarterly updates will receive the standard run with the first request,
followed up updates; monthly or quarterly.
2. Certification of Permissible Uses.
The Purchaser, by signing this agreement, hereby certifies compliance 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.), with applicable Idaho driver privacy protection (Idaho Code section 49-203) and with all
other state and federal laws applicable to this agreement. The Purchaser further certifies that
his/her/its use of the records and information purchased under this contract is for the following
permissible purposes only, and for no other:
_X_ a. GOVERNMENT: 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.
b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety
and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories;
performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market
research activities, including survey research; and removal of non-owner records from the
original records of motor vehicle manufacturers.
c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate
business or its agents, employees or contractors, but only:
(i) to verify the accuracy of personal information submitted by the individual to the business or
its agents, employees or contractors; and
(ii) if such information as so submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt or security interest against, the individual.
2 of 6
d. COURT PROCEEDINGS: For use in connection with any civil, criminal,
administrative or arbitral proceeding in any federal, state or local court or agency or before any self-
regulatory body, including the services of process, investigation, and anticipation of litigation,
and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state
or local court.
e. RESEARCH: For use in research activities, and for use in producing statistical reports.
Name and address will not be released for research purposes.
f. INSURANCE: For use by any insurer or insurance support organization, or by a self-
insured entity, or its agents, employees or contractors, in connection with claims investigation
activities, rating or underwriting.
g. TOWED/IMPOUNDED VEHICLES: For use in providing notice to the owners of
towed or impounded vehicles.
h. INVESTIGATION: For use by any licensed private investigative agency or licensed
security service for any purpose permitted under the provisions of title 49, Idaho Code.
i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial driver's license that is required
under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).
j. PUBLIC SAFETY /VEHICLE OPERATION: For any other use specifically
authorized under Idaho Code, if such use is related to public safety or the operation of a motor
vehicle.
k. TRANSPORTATION FACILITIES: For use in connection with the operation of
private toll transportation facilities, including companies that operate parking facilities for the
purpose of providing notice to the owners of vehicles who have used the facility.
It is expressly understood that the Purchaser may NOT sell or furnish personal information obtained
under this agreement to third parties without the expressed written consent of the Department.
After obtaining written permission from the Department, the Purchaser understands that he/she/it
may not furnish personal information purchased under this agreement to any third party unless the
third party certifies that his/her/its intended use of the information is for a use other than for
marketing, solicitations, or non-motor vehicle market research surveys. The Purchaser further
understands that violating this paragraph is grounds for immediate termination of this agreement
under Paragraph 12.
3 of 6
3. Fees-ae~-Fey~eets.
~e-~i~i~g: .,
4. Acknowledgment and Disclaimer.
The Purchaser acknowledges that the Department is furnishing records and information "as is" and
makes no representation or warranty as to the accuracy of any record or the information furnished.
The Department expressly disclaims responsibility for any failure to deliver records or information
in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns
of equipment, compliance with new or amended laws, acts of authority exercised by a public
official, acts of God, or other circumstances which may delay or preclude furnishing records and
information in a timely fashion. If records and information are not furnished and the Purchaser has
remitted a deposit, the Department shall refund the deposit. The Department has no further
responsibility or liability to the Purchaser with respect to undelivered records and information and
has no liability or responsibility whatsoever for delayed records and information.
5. Consumer Protection.
The Purchaser agrees that the records and information furnished under this agreement shall not be
used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used
for marketing or solicitations, or surveys not authorized by law.
6. Access to Information in Bulk.
The Purchaser agrees that no member of the public or any person outside the direct employ or
control of the Purchaser shall be allowed direct access to records and information furnished to the
Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate
use of the records and information.
7. Record Creation and Retention, and Removal of Names.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, subject to the limitations contained in paragraph 2 above, the Purchaser
agrees to create records identifying each such person or entity who obtained personal information
from the Purchaser and the legally permissible purpose for which the record or information was
obtained. The Purchaser shall retain the records of identification and purpose for a period of not
less than five (5) years following transfer of the information and/or records to the third party.
4 of 6
8. Inspection of Records.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, the Purchaser shall permit a representative or agent of the Department,
upon request, to inspect and copy records identifying each person or entity who obtained personal
information from the Purchaser and the permissible purpose for which it was obtained. The
Purchaser understand that the Department's may exercise its reserved right to insert control records
into bulk records and information furnished, as an independent means of identifying any entities to
whom the Purchaser may have improperly resold or re-disclosed records and information under this
agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one
inspection during the period of this agreement. For purposes of this paragraph, expenses include
staff time and travel costs, including meals and lodging.
9. Assignability.
The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this
agreement without the prior written consent of the Department.
10. Effective Date and Renewals.
This agreement shall take effect when signed and dated by the Department's representative. The
agreement is subject to continuous annual renewals if both parties agree.
11. Cancellation.
Either party may cancel this agreement for any reason by giving the other party written notice of
cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement,
all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force.
12. Termination.
The Department may terminate this agreement immediately for cause, including for failure to remit
charges due in a timely fashion or for inappropriate use of data, such as use for marketing or
solicitations, by giving the Purchaser written notice of termination. The Purchaser acknowledges
that if this agreement is terminated for cause, the Department may refuse to provide records and
information in bulk for five (5) years.
13. Amendments.
The Purchaser acknowledges that the Department may amend the terms and conditions of this
agreement from time to time in order to accommodate changes in the records or information
furnished under this agreement and for other reasons deemed appropriate by the Department. The
Department agrees to notify the Purchaser in writing of the content of any amendment.
5 of 6
14. Indemnification.
The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and
any of their officers, agents, or employees, with respect to any claims asserted against them under
the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's
driver privacy protection legislation (Idaho Code section 49-203, as amended), and other state or
federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its
officers, agents, and employees, and others who obtain information from the Purchaser.
15. Governing Law and Jurisdiction.
This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser
agrees that any dispute which arises under this agreement and cannot be amicably resolved by the
parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to
which jurisdiction the Purchaser hereby submits.
16. Signatory Authority.
The signatories hereby certify that they are authorized by their respective parties to execute this
agreement as party representatives and to bind their respective principals hereto.
IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the
dates as written below.
--%~
PURC (sign)
MAYO MY DE WEERD
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.~~`~y of ~~~~i ''%,
.~ ~ '9 •,
.~~ G~ ~poR,q T '' --
F ~:.
I S _ ~~ o
DATE EVIL
~ ~ ~o~
'~ O
., ,;
ATTEST ~~~ ,~ cOUNT~ , ~~~ ~~~~
STATE OF IDAHO Representative
2 v~ E ~ i - ~ . TH awe t° S a r~/ , ~ Gv,~~~.*~ , 5 ~
NAME AND TITLE (Printed) r-o~ ~ a u c, ~~ 5 w.
t~~~~c~N
DATE
Appro al fo
eputy Att eneral
Jaycee~L. Holman, City Clerk
6of6
Exhibit A, Page 1
CONTRACT FOR PURCHASE
OF RECORDS IN BULK
TITLES FILE
December 10, 2009
REQUESTER:
Name
Address
CITY OF MERIDIAN
INFORMATION TECHNOLOGY DEPARTMENT
33 EAST BROADWAY AVENUE
MERIDIAN, IDAHO 83642
Telephone 208-489-0505 FAX Number 208-489-0494
Person to Contact MIKE TANNER
Email address mtanner@meridiancity.org
FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.)
VISA/Master Card
n/a
Account #
Card Holder Signature
n/a
Exp Date
Name of Card Holder (typed or printed) n/a
REPORT FORMAT:
Diskettes, CD's and Zip Disks will be provided by ITD.)
For added security, all data sent from ITD will be zipped and encrypted, using WINZII'9.0.
Print out
Diskettes 3'/z" IBM compatible, formatted, high density diskette-provided by ITD. Files are in ANSI format,
not delimited and of a fixed width format. Large files cannot be put on diskettes.
Zip Disk Iomega zip disk 100, provided by ITD. Large files cannot be put on zip disks.
CD Provided by ITD. Large files cannot be put on CD's.
Email Smaller files can be emailed. Email Address
_x SFTP Provide ITD with the following information:
FTP Address: City would like to pull from State's SFTP site
User Name: merpolice
Pass Word: dilbertl@dogbert
Email Address: mtanner@meridiancity.org
Exhibit A, Page 2
CONTRACT FOR PURCHASE OF
RECORDS IN BULK
Titles File
Make selections:
_X_ VEHICLE YEAR(S) All
_X_ MAKE(S) All
_X_ BODY TYPE (S) All
(See code sheet for body types)
Select fields:
_X_MAKE X_MODEL
_X_BODY X_VEHICLE YR
_X_LENGTH X_WIDTH
-TRANSACTION DATE ACTION TYPE
X_ADDRESS _X_CITY
_X_ VIN NO.
X_ DESCRIPTION
_X _COLOR
_X NAME
_X_ STATE
X ZIP CODE LIENHOLDER INFO (Name, address, city, st, zip)
DEALER NUMBER OTHER (Specify
Exhibit A, Page 3
BODY TYPES
(CODE SHEET)
Passeneer Vehicles: ACTION-TYPE CODES
2D SEDAN, 2 DOOR CC, CM CORRECTION
2H HATCHBACK, 2 DOOR LC LIEN CHANGES
2T HARDTOP, 2 DOOR DI DUPLICATE TITLE
4D SEDAN, 4 DOOR DT DUPLICATE & TRANSFER
4H HATCHBACK, 4 DOOR DM, DN DUPLICATE & NAME CHANGE
4T HARDTOP, 4 DOOR DU DUPLICATE CHANGES
AM AMBULANCE NC NAME CHANGE
CH COACH NE NEW FROM MCO/MSO
CP COUPE OS OUT OF STATE
CV CONVERTIBLE TF TRANSFER IDAHO TITLE
HB HATCHBACK
HT HARDTOP (MCO =MANUFACTURER'S CERTIFICATE OF ORIGIN)
SD SEDAN (MSO =MANUFACTURER'S STATEMENT OF ORIGIN)
SW STATION WAGON
THE FOLLOWING ARE TITLED ONLY WHEN
Other Vehicles: PURCHASED NEW. (Since 1991)
HR HEARSE DUNEBUGGY, ATV OR SNOWMOBILE:
LM LIMOUSINE EB REMOVABLE ENCLOSURE
RD ROADSTER EN NONREMOVABLE ENCLOSURE
TO TOURING CAR MV MULTI-WHEELED DUNEBUGGY
OP OPEN BODY DUNEBUGGY
Motorcycles•
MB MOTORBIKE
MC MOTORCYCLE
MD MOPED
MK MINIBIKE
MS MOTORSCOOTER
MV MULTI-WHEEL
MY MINICYCLE
Trucks•
AM AMBULANCE
BU BUS
CB CHASSIS, CAB
LL CARRY-ALL
(RUGGED TRAIL PLEASURE VEHICLE)
MH MOTORIZED HOME
PK PICKUP
PM PICKUP WITH MOUNTED CAMPER
TT TOW TRUCK, WRECKER
VC VAN CAMPER
VN VAN
WD WELL DRILLER
Trailers•
CT TRAVEL/CAMPING TRAILER
HE HORSE TRAILER
HS HOUSE TRAILER
(Manufactured/Mobile Home)
State of Idaho
Idaho Transportation Department
CONTRACT FOR PURCHASE OF RECORDS IN BULK
For Permissible Purposes
Agreement Between Purchaser:
(Name and Address)
CITY OF MERIDIAN STATE OF IDAHO
ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT
33 EAST BROADWAY AVE P. O. BOX 7129
MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129
Specify names and addresses of subsidiaries, if any, that will be using data:
INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT
WHEREAS, Idaho law authorizes the Idaho Transportation Department (hereinafter the
Department) to sell driver, vehicle, and related records individually and in bulk for specified
permissible purposes; and
WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994
(PL 103-322; 18 USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997
(codified in § 49-203) extend privacy protection to personal information maintained in the files of
state motor vehicle agencies from selling personal information in bulk for purposes of marketing,
solicitations, and certain surveys unless a state has first obtained express consent from each
individual about whom listed personal information pertains; and
WHEREAS, the State Legislature has refrained from enacting any express consent system for use in
Idaho; and
WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before
receiving any records, to execute a written purchase agreement or contract containing such
safeguards as the Department considers necessary or reasonable, to ensure that all information and
records purchased are used only for permissible purposes and that the rights of individuals and the
Department are protected; and
WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle,
and/or related records, including personal information, from the Department,
IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the
records and information of the Department specified below, subject to the following terms and
conditions:
1 of 6
1. Records and Information Sold.
The following copies of records and information of the Department are sold in bulk under
this contractual agreement:
X a. Motor Vehicle title records. (See attached exhibit "A")
X b. Motor Vehicle registration records. (See attached exhibit "B")
X c. Commercial Vehicle registration records. (See attached exhibit "C")
Frequency of Request.
Single Request
_X_* Monthly update program for those items checked above, as available from the
Department.
* Quarterly update program for those items checked above, as available from the Department.
*Requests for monthly and quarterly updates will receive the standard run with the first request,
followed up updates; monthly or quarterly.
2. Certification of Permissible Uses.
The Purchaser, by signing this agreement, hereby certifies compliance 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.), with applicable Idaho driver privacy protection (Idaho Code section 49-203) and with all
other state and federal laws applicable to this agreement. The Purchaser further certifies that
his/her/its use of the records and information purchased under this contract is for the following
permissible purposes only, and for no other:
_X_ a. GOVERNMENT: 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.
b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety
and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories;
performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle market
research activities, including survey research; and removal of non-owner records from the
original records of motor vehicle manufacturers.
c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate
business or its agents, employees or contractors, but only:
(i) to verify the accuracy of personal information submitted by the individual to the business or
its agents, employees or contractors; and
(ii) if such information as so submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt or security interest against, the individual.
2of6
d. COURT PROCEEDINGS: For use in connection with any civil, criminal,
administrative or azbitral proceeding in any federal, state or local court or agency or before any self-
regulatory body, including the services of process, investigation, and anticipation of litigation,
and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state
or local court.
e. RESEARCH: For use in reseazch activities, and for use in producing statistical reports.
Name and address will not be released for reseazch purposes.
f. INSURANCE: For use by any insurer or insurance support organization, or by a self-
insured entity, or its agents, employees or contractors, in connection with claims investigation
activities, rating or underwriting.
g. TOWED/IMPOUNDED VEHICLES: For use in providing notice to the owners of
towed or impounded vehicles.
h. INVESTIGATION: For use by any licensed private investigative agency or licensed
security service for any purpose permitted under the provisions of title 49, Idaho Code.
i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial driver's license that is required
under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).
j. PUBLIC SAFETY /VEHICLE OPERATION: For any other use specifically
authorized under Idaho Code, if such use is related to public safety or the operation of a motor
vehicle.
k. TRANSPORTATION FACILITIES: For use in connection with the operation of
private toll transportation facilities, including companies that operate pazking facilities for the
purpose of providing notice to the owners of vehicles who have used the facility.
It is expressly understood that the Purchaser may NOT sell or furnish personal information obtained
under this agreement to third parties without the expressed written consent of the Department.
After obtaining written permission from the Department, the Purchaser understands that he/she/it
may not furnish personal information purchased under this agreement to any third party unless the
third party certifies that his/her/its intended use of the information is for a use other than for
marketing, solicitations, or non-motor vehicle market reseazch surveys. The Purchaser further
understands that violating this pazagraph is grounds for immediate termination of this agreement
under Pazagraph 12.
3 of 6
3. Fees-eed-Fay eats.
thug: .,
4. Acknowledgment and Disclaimer.
The Purchaser acknowledges that the Department is furnishing records and information "as is" and
makes no representation or warranty as to the accuracy of any record or the information furnished.
The Department expressly disclaims responsibility for any failure to deliver records or information
in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns
of equipment, compliance with new or amended laws, acts of authority exercised by a public
official, acts of God, or other circumstances which may delay or preclude furnishing records and
information in a timely fashion. If records and information aze not furnished and the Purchaser has
remitted a deposit, the Department shall refund the deposit. The Department has no further
responsibility or liability to the Purchaser with respect to undelivered records and information and
has no liability or responsibility whatsoever for delayed records and information.
5. Consumer Protection.
The Purchaser agrees that the records and information furnished under this agreement shall not be
used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used
for mazketing or solicitations, or surveys not authorized by law.
6. Access to Information in Bulk.
The Purchaser agrees that no member of the public or any person outside the direct employ or
control of the Purchaser shall be allowed direct access to records and information furnished to the
Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate
use of the records and information.
7. Record Creation and Retention, and Removal of Names.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, subject to the limitations contained in pazagraph 2 above, the Purchaser
agrees to create records identifying each such person or entity who obtained personal information
from the Purchaser and the legally permissible purpose for which the record or information was
obtained. The Purchaser shall retain the records of identification and purpose for a period of not
less than five (5) yeazs following transfer of the information and/or records to the third party.
4of6
8. Inspection of Records.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, the Purchaser shall permit a representative or agent of the Department,
upon request, to inspect and copy records identifying each person or entity who obtained personal
information from the Purchaser and the permissible purpose for which it was obtained. The
Purchaser understand that the Department's may exercise its reserved right to insert control records
into bulk records and information furnished, as an independent means of identifying any entities to
whom the Purchaser may have improperly resold or re-disclosed records and information under this
agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one
inspection during the period of this agreement. For purposes of this paragraph, expenses include
staff time and travel costs, including meals and lodging.
9. Assignability.
The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this
agreement without the prior written consent of the Department.
10. Effective Date and Renewals.
This agreement shall take effect when signed and dated by the Department's representative. The
agreement is subject to continuous annual renewals if both parties agree.
11. Cancellation.
Either party may cancel this agreement for any reason by giving the other party written notice of
cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement,
all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force.
12. Termination.
The Department may terminate this agreement immediately for cause, including for failure to remit
charges due in a timely fashion or for inappropriate use of data, such as use for marketing or
solicitations, by giving the Purchaser written notice of termination. The Purchaser acknowledges
that if this agreement is terminated for cause, the Department may refuse to provide records and
information in bulk for five (5) years.
13. Amendments.
The Purchaser acknowledges that the Department may amend the terms and conditions of this
agreement from time to time in order to accommodate changes in the records or information
furnished under this agreement and for other reasons deemed appropriate by the Department. The
Department agrees to notify the Purchaser in writing of the content of any amendment.
5 of 6
14. Indemnification.
The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and
any of their officers, agents, or employees, with respect to any claims asserted against them under
the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's
driver privacy protection legislation (Idaho Code section 49-203, as amended), and other state or
federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its
officers, agents, and employees, and others who obtain information from the Purchaser.
15. Governing Law and Jurisdiction.
This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser
agrees that any dispute which arises under this agreement and cannot be amicably resolved by the
parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to
which jurisdiction the Purchaser hereby submits.
16. Signatory Authority.
The signatories hereby certify that they are authorized by their respective parties to execute this
agreement as party representatives and to bind their respective principals hereto.
IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the
dates as written below.
PURC (sign) STATE OF IDAHO Representative
MAYOR TAMMY DE WEERD R ~~r~ r L_ Tl-lc>MASv./ ~ ~= C,o,a/y,vt ~ sT
NAME AND TITLE (Printed) ~°'2 ~ ° `~ ~` c.~ ~ w
t~CN$v~
I I ~ ~~~~
DATE
DATE
Approval a
eputy Attorney General
dof6
Exhibit B, Page 1
REQUESTER:
CONTRACT FOR PURCHASE
OF RECORDS IN BULK
VEHICLE REGISTRATIONS
November 10, 2009
Name CITY OF MERIDIAN
Address INFORMATION TECHNOLOGY DEPARTMENT
33 EAST BROADWAY AVENUE
MERIDIAN, IDAHO 83642
Telephone 208-489-0505 FAX Number 208-489-0494
Person to Contact MIKE TANNER
Email address mtanner@meridiancity.org
FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.)
VISA/Master Cazd
n/a
Account #
Exp Date
Cazd Holder Signature
Name of Cazd Holder (typed or printed) n/a
REPORT FORMAT:
(Diskettes, CD's and Zip Disks will be provided by ITD.)
For added security, all data sent from ITD will be zipped and encrypted, using WINZIP9.0.
Print out
Diskettes 3'/Z' IBM compatible, formatted, high density diskette-provided by ITD. Files are in an ANSI
format, not delimited and of a fixed width format. Lazge files cannot be put on diskettes.
Zip D1sk Iomega zip disk 100, provided by ITD. Large files cannot be put on zip disks.
CD CD will be provided by ITD. Lazge files cannot be put on CD's.
Email Smaller files can be emailed. Email Address
x SFTP Provide ITD with the following information:
FTP Address: City would like to pull from State's SFTP site
User Name: merpolice
Pass Word: dilbertl@dogbert
Email Address: mtanner@meridiancity.org
n/a
Exhibit B, Page 2
IDAHO TRANSPORTATION DEPARTMENT
Computer Files Information
Vehicle Registration File
November 10, 2009
Make selections below:
x VEHICLE YEAR(S)
_x_ MAKE(S)
_x_ MODEL(S)
OTHER
COUNTY OF RESIDENCE
e .~
_x_ALL COUNTIES
or make selections:
_ O 1 = ADA _ 17 =CLARK _ 33 =MADISON
_ 02 =ADAMS _ 18 = CLEARWATER _ 34 = MINIDOKA
_ 03 = BANNOCK _ 19 = CUSTER _ 35 = NEZ PERCE
_ 04 =BEAR LAKE _ 20 = ELMORE _ 36 = ONEIDA
_ OS = BENEWAH _ 21 =FRANKLIN _ 37 = OWYHEE
_ 06 = BINGHAM _ 22 = FREMONT _ 38 = PAYETTE
_ 07 = BLAINE _ 23 =GEM _ 39 =POWER
_ 08 =BOISE _ 24 = GOODING _ 40 = SHOSHONE
_ 09 = BONNER _ 25 =IDAHO _ 41 = TETON
_ 10 = BONNEVILLE _ 26 =JEFFERSON _ 42 =TWIN FALLS
_ 11 =BOUNDARY _ 27 = JEROME _ 43 =VALLEY
_ 12 =BUTTE _ 28 = KOOTENAI _ 44 =WASHINGTON
13 =CAMAS _ 29 = LATAH _ 45 = HEADQRTRS
14 =CANYON _ 30 = LEMHI
15 =CARIBOU 31 = LEWIS
16 =CASSIA _ 32 =LINCOLN
Make Selections of Fields Needed: (all)
Registration Type Vehicle Year Make
Model Body Description
Color Vin Number License Plate #
Issue Date (Mo, Da, Yr) Expire Date (Mo, & Yr) Issue County
Name Address City
State Zip Code
Other (Specify) all
State of Idaho
Idaho Transportation Department
CONTRACT FOR PURCHASE OF RECORDS IN BULK
For Permissible Purposes
Agreement Between Purchaser:
(Name and Address)
CITY OF MERIDIAN STATE OF IDAHO
ATTENTION: CITY CLERK IDAHO TRANSPORTATION DEPARTMENT
33 EAST BROADWAY AVE P. O. BOX 7129
MERIDIAN, IDAHO 83642 BOISE, IDAHO 83707-1129
Specify names and addresses of subsidiaries, if any, that will be using data:
INFORMATION TECHNOLOGY DEPARTMENT AND POLICE DEPARTMENT
WHEREAS, Idaho law authorizes the Idaho Transportation Department (hereinafter the
Department) to sell driver, vehicle, and related records individually and in bulk for specified
permissible purposes; and
WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994
(PL 103-322; 18 USC § 2721 et seq.) and Idaho's driver privacy protection legislation of 1997
(codified in § 49-203) extend privacy protection to personal information maintained in the files of
state motor vehicle agencies from selling personal information in bulk for purposes of marketing,
solicitations, and certain surveys unless a state has first obtained express consent from each
individual about whom listed personal information pertains; and
WHEREAS, the State Legislature has refrained from enacting any express consent system for use in
Idaho; and
WHEREAS, Department Policy requires each prospective purchaser of records in bulk, before
;receiving any records, to execute a written purchase agreement or contract containing such
safeguards as the Department considers necessary or reasonable, to ensure that all information and
records purchased are used only for permissible purposes and that the rights of individuals and the
Department are protected; and
WHEREAS, CITY OF MERIDIAN (hereinafter the Purchaser), desires to purchase driver, vehicle,
and/or related records, including personal information, from the Department,
IT IS AGREED, THEREFORE, that the Department shall sell and deliver to the Purchaser the
records and information of the Department specified below, subject to the following terms and
conditions:
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r.
1. Records and Information Sold.
'The following copies of records and information of the Department are sold in bulk under
this contractual agreement:
a. Motor Vehicle title records. (See attached exhibit "A")
b. Motor Vehicle registration records. (See attached exhibit "B")
X c. Commercial Vehicle registration records. (See attached exhibit "C")
Frequency of Request.
Single Request
_X_* Monthly update program for those items checked above, as available from the
Department.
* Quarterly update program for those items checked above, as available from the Department.
*Requests for monthly and quarterly updates will receive the standazd run with the first request,
followed up updates; monthly or quarterly.
2. Certification of Permissible Uses.
The Purchaser, by signing this agreement, hereby certifies compliance 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.), with applicable Idaho driver privacy protection (Idaho Code section 49-203) and with all
other state and federal laws applicable to this agreement. The Purchaser further certifies that
his/her/its use of the records and information purchased under this contract is for the following
permissible purposes only, and for no other:
_X_ a. GOVERNMENT: 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.
b. DRIVER OR VEHICLE SAFETY: For use in matters of motor vehicle or driver safety
and theft; motor vehicle emissions, motor vehicle product alterations, recalls or advisories;
performance monitoring of motor vehicles, motor vehicle parts, and dealers; motor vehicle mazket
reseazch activities, including survey reseazch; and removal of non-owner records from the
original records of motor vehicle manufacturers.
c. BUSINESS ACTIVITIES: For use in the normal course of business by a legitimate
business or its agents, employees or contractors, but only:
(i) to verify the accuracy of personal information submitted by the individual to the business or
its agents, employees or contractors; and
(ii) if such information as so submitted is not correct or is no longer correct, to obtain the
correct information, but only for the purpose of preventing fraud by pursuing legal remedies
against, or recovering on a debt or security interest against, the individual.
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d. COURT PROCEEDINGS: For use in connection with any civil, criminal,
administrative or azbitral proceeding in any federal, state or local court or agency or before any self-
regulatory body, including the services of process, investigation, and anticipation of litigation,
and the execution or enforcement of judgments and orders, or pursuant to an order of a federal, state
or local court.
e. RESEARCH: For use in research activities, and for use in producing statistical reports.
Name and address will not be released for research purposes.
f. INSURANCE: For use by any insurer or insurance support organization, or by a self-
insured entity, or its agents, employees or contractors, in connection with claims investigation
activities, rating or underwriting.
g. TOWED/IMPOUNDED VEHICLES: For use in providing notice to the owners of
towed or impounded vehicles.
h. INVESTIGATION: For use by any licensed private investigative agency or licensed
security service for any purpose permitted under the provisions of title 49, Idaho Code.
i. EMPLOYER INFORMATION: For use by an employer or its agent or insurer to
obtain or verify information relating to a holder of a commercial driver's license that is required
under the Commercial Motor Vehicle Safety Act of 1986 (49 USC 31101 et seq.).
j. PUBLIC SAFETY /VEHICLE OPERATION: For any other use specifically
authorized under Idaho Code, if such use is related to public safety or the operation of a motor
vehicle.
k. TRANSPORTATION FACILITIES: For use in connection with the operation of
private toll transportation facilities, including companies that operate parking facilities for the
purpose of providing notice to the owners of vehicles who have used the facility.
It is expressly understood that the Purchaser may NOT sell or furnish personal information obtained
under this agreement to third parties without the expressed written consent of the Department.
After obtaining written permission from the Department, the Purchaser understands that he/she/it
may not furnish personal information purchased under this agreement to any third party unless the
third pazty certifies that his/her/its intended use of the information is for a use other than for
mazketing, solicitations, or non-motor vehicle mazket reseazch surveys. The Purchaser further
understands that violating this pazagraph is grounds for immediate termination of this agreement
under Pazagraph 12.
3 of 6
~.
3.
....,a.~~........, ~._-~ --- - - ------ -- -o- - - - -
.,
tl~e-~i~~g:
4. Acknowledgment and Disclaimer.
The Purchaser acknowledges that the Department is furnishing records and information "as is" and
makes no representation or warranty as to the accuracy of any record or the information furnished.
The Department expressly disclaims responsibility for any failure to deliver records or information
in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdowns
of equipment, compliance with new or amended laws, acts of authority exercised by a public
official, acts of God, or other circumstances which may delay or preclude furnishing records and
information in a timely fashion. If records and information are not furnished and the Purchaser has
remitted a deposit, the Department shall refund the deposit. The Department has no further
responsibility or liability to the Purchaser with respect to undelivered records and information and
has no liability or responsibility whatsoever for delayed records and information.
5. Consumer Protection.
The Purchaser agrees that the records and information furnished under this agreement shall not be
used to engage in any method, act, or practice which is unfair or deceptive, nor shall they be used
for marketing or solicitations, or surveys not authorized by law.
6. Access to Information in Bulk.
The Purchaser agrees that no member of the public or any person outside the direct employ or
control of the Purchaser shall be allowed direct access to records and information furnished to the
Purchaser under this agreement for any reason other than the Purchaser's intended and legitimate
use of the records and information.
7. Record Creation and Retention, and Removal of Names.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, subject to the limitations contained in paragraph 2 above, the Purchaser
agrees to create records identifying each such person or entity who obtained personal information
from the Purchaser and the legally permissible purpose for which the record or information was
obtained. The Purchaser shall retain the records of identification and purpose for a period of not
less than five (5) years following transfer of the information and/or records to the third party.
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8. Inspection of Records.
If the Purchaser resells or re-discloses any of the information or records purchased under this
agreement to a third party, the Purchaser shall permit a representative or agent of the Department,
upon request, to inspect and copy records identifying each person or entity who obtained personal
information from the Purchaser and the permissible purpose for which it was obtained. The
Purchaser understand that the Department's may exercise its reserved right to insert control records
into bulk records and information furnished, as an independent means of identifying any entities to
whom the Purchaser may have improperly resold or re-disclosed records and information under this
agreement or if any inappropriate use has occurred. The Purchaser shall bear the expenses of one
inspection during the period of this agreement. For purposes of this paragraph, expenses include
staff time and travel costs, including meals and lodging.
9. Assignability.
The Purchaser may not assign, license, or transfer any of its rights, duties, and obligations under this
agreement without the prior written consent of the Department.
10. Effective Date and Renewals.
This agreement shall take effect when signed and dated by the Department's representative. The
agreement is subject to continuous annual renewals if both parties agree.
11. Cancellation.
Either party may cancel this agreement for any reason by giving the other party written notice of
cancellation at least thirty (30) days prior to cancellation. If a party elects to cancel this agreement,
all unfulfilled obligations, including the obligation to pay for copies received, shall remain in force.
12. Termination.
The Department may terminate this agreement immediately for cause, including for failure to remit
charges due in a timely fashion or for inappropriate use of data, such as use for marketing or
solicitations, by giving the Purchaser written notice of termination. The Purchaser acknowledges
that if this agreement is terminated for cause, the Department may refuse to provide records and
information in bulk for five (5) years.
13. Amendments.
The Purchaser acknowledges that the Department may amend the terms and conditions of this
agreement from time to time in order to accommodate changes in the records or information
furnished under this agreement and for other reasons deemed appropriate by the Department. The
Department agrees to notify the Purchaser in writing of the content of any amendment.
5 of 6
14. Indemnification.
The Purchaser agrees to indemnify and save harmless the State of Idaho and the Department, and
any of their officers, agents, or employees, with respect to any claims asserted against them under
the federal Driver's Privacy Protection Act of 1994, as amended (18 USC § 2721 et seq.), Idaho's
driver privacy protection legislation (Idaho Code section 49-203, as amended), and other state or
federal law pertaining to this agreement, for any act or omission attributable to the Purchaser, its
officers, agents, and employees, and others who obtain information from the Purchaser.
15. Governing Law and Jurisdiction.
This agreement shall be construed in accordance with the laws of the State of Idaho. The Purchaser
agrees that any dispute which arises under this agreement and cannot be amicably resolved by the
parties shall be submitted to a court of competent jurisdiction in the State of Idaho, Ada County, to
which jurisdiction the Purchaser hereby submits.
16. Signatory Authority.
The signatories hereby certify that they aze authorized by their respective parties to execute this
agreement as parry representatives and to bind their respective principals hereto.
IN WITNESS WHEREOF the representatives of the parties have affixed their signatures on the
dates as written below.
2~~~~~ z~
PURCHA (sign)
MAYOR MMY DE WEERD
~~~ r .
STATE OF IDAHO Representative
f~o~F.e ~ C . 1 /~OM~.S~'~~ EG~.vo~'! ~Si
NAME AND TITLE (Printed) ~~ ovv~,c,a5 w.
~a, e ai~v.,.~
~ a - ~ s -.,,, ~,.,,,,,,,
DATE \~,.~y ~cr3~ .''~.,~
~ j~ ~ptpOFi,4 T ~.
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ATTEST ~ ~'~ ~o~
9
.~
DATE
Appr val 't
eputy Attorney General
Jaycee ~? Holman, City''Clerl~~ ~~"`
6 of 6
Exhibit C, Page 1
REQUESTER:
CONTRACT FOR PURCHASE
OF RECORDS IN BULK
COMMERCIAL FILE
December 10, 2009
Name CITY OF MERIDIAN
Address INFORMATION TECHNOLOGY DEPARTMENT
33 EAST BROADWAY AVENUE
MERIDIAN, IDAHO 83642
Telephone 208-489-0505 FAX Number 208-489-0494
Person to Contact MIKE TANNER
Email address mtanner@meridiancity.org
FEDERAL EMPLOYER ID 82-6000225 (Requests cannot be started without this number.)
VISA/Master Card n/a
Card Holder Signature
n/a
Account #
Exp Date
Name of Card Holder (typed or printed) n/a
REPORT FORMAT:
(CD's will be provided by ITD.)
For added security, all data sent from ITD will be zipped and encrypted, using WINZIP9.0.
Print out
C D Provided by ITD. Large files cannot be put on CD's.
Emailed Smaller files can be emailed. Email Address
x SFTP Provide ITD with the following information:
FTP Address: City would like to pull from State's SFTP site
User Name: merpolice
Pass Word: dilbertl@dogbert
Email Address: mtanner@meridiancity.org
Exhibit C, Paget
Make selections below:
X MAKE(S)
X VEHICLE YEAR(S) All
Computer Files Information
Commercial Vehicle File
BASE STATE
X All
Idaho Based
Non-Idaho Based
VEHICLE TYPE
X ALL
_ Tractor
_ Mobile Home Toter
Utility Trailer
_ Bus
_ Truck & Tractor
Full Trailer
_ Truck
_ Road Tractor
Semi-trailer
Indicate fields needed:
X Carrier Class
X Make
X Fuel
_X _Address
_X _Zip Code
X Base State _X_Vehicle Year
_X_Vehicle Axle _X_Vehicle Type
_X_Weight X_Carrier Name
_X_City _X_ State
-Other (Specify)
Commodities are not longer entered on our Commercial Vehicle File.
CODE TABLES
CARRIER FLAG
F =FULL FEE POWER
T =FULL FEE TRAILER
E =FULL FEE FLEET POWER
B =FULL FEE TRAILER
I = IRP POWER
L = IRP TRAILER
OPERATION TYPE
P =PRIVATE
E =EXEMPT
F =FARM
I =INTERSTATE
H =INTERSTATE FOR HIRE
VEHICLE TYPE
BS =BUS
TK =TRUCK
TR =TRACTOR
TT =TRUCK & TRACTOR
PC =PASSENGER CAR
MT =MOBILE HOME TOTER
FT =FULL TRAILER
ST =SEMI-TRAILER
UT =UTILITY TRAILER