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<br /> PART II AGREEMENT — PLEASE READ EACH SECTION CAREFULLY •
<br /> A. GENERAL PROVISIONS
<br /> 1. This.Application/Agreement, hereinafter referred to as`Agreement;is between the State of California, Department of Motor Vehicles
<br /> (DMV), hereinafter referred to as the "Department,' and the Government Agency identified in Part I, hereinafter referred to as the
<br /> "Requester,for the purpose of the Department providing information from its files for Government Agency use.
<br /> 2. The term of this Agreement shall be for forty eight(48)months from the approval date and renewable at forty eight(48)month intervals
<br /> thereafter.
<br /> 3. This Agreement is subject to any restrictions, limitations,or provisions enacted by the California State Legislature which may affect the
<br /> provisions or terms set forth herein.The Requester is required to comply with the applicable statutes of the California Vehicle Code(CVC),
<br /> California Code of Regulations(CCR)Title 13,and United States Code Title 18.
<br /> 4. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto.No oral
<br /> understanding or agreement, not incorporated herein,shall be binding on either parry.
<br /> 5. Requester shall not represent themselves as agents/employees of the Department.For the purposes of this Agreement,the"Requester"
<br /> includes the Requester's employees,unless the context provides otherwise.
<br /> 6. (Applies to Federal Government and Out-of-State Agencies/Requesters)—"The Requester agrees to pay for any loss, liability or
<br /> expense,including attorney fees,expert witness fees and court costs,which arises out of or relates to the Requester's acts or omissions
<br /> regarding its obligations hereunder,where a final determination of liability on the part of the Requester is established by a court of law
<br /> or where settlement has been agreed to by the Requester.This provision may not be construed to limit the Requester's rights,claims,or
<br /> defenses which arise as a matter of law or under any other provision of this Agreement.This provision may not be construed to limit the .
<br /> sovereign immunity of the Requester?'
<br /> 7. This Agreement is not assignable by the Requester,either in whole or in part,without prior written consent of the Department.
<br /> 8a. Any promotional or informational material related to accessing the Department's records shall be accurate and consistent with the terms
<br /> of this Agreement and shall only contain factual statements relating to the purpose and condition of access.
<br /> b. Requester shall not use the logogram in any advertising or other agency business materials used in the business of the
<br /> Requester.Advertising shall neither state nor imply that there is any official connection between the Department and the Requester, or
<br /> that the Department has sanctioned or approved of either the advertisement or the Requester's service.
<br /> 9a. If the Authorized Representative,designee responsible for the administration of the account,the DMV contact person,agency address,
<br /> or any other changes of information occur in Part I of this Agreement,notification shall be submitted,in writing,within ten(10)business
<br /> days on Government Requester Account Application(INF 1130)or Agency Letterhead to the following address:
<br /> Department of Motor Vehicles,Account Processing Unit—H221,P.O.Box 944231,Sacramento,CA 94244-2310
<br /> b. Requester shall notify the Account Processing Unit,in writing,(see address in 9a)within ten(10)business days of any intended or actual
<br /> closure of the Government Agency Requester Account.
<br /> 13. iNFORMATION USE
<br /> 1. Requester shall not use Department records for any purpose except for that which has been approved by the Department in Part I.
<br /> 2. When a non-law enforcement agency receives information from Department records that indicates a vehicle or vessel has a Department
<br /> of Justice.(DOJ)"stop;Requester shall immediately notify local law enforcement of its location,if known.
<br /> C. GENERAL SECURITY REQUIREMENTS
<br /> 1. Requester shall maintain the security and integrity of the information it receives.A violation of any provision(s)of the Agreement,whether
<br /> by omission or commission, may result insuspensionor termination of service to Requester.
<br /> 2. Requester shall ensure compliance with all the security provisions of this Agreement.If misuse or inappropriate access is suspected or
<br /> confirmed,Requester shall notify the Department's Information Services Branch, Policy and Information Privacy Section,by telephone,
<br /> at(916)657-5583 within one(1)business day.A written notification containing all facts therein shall be prepared by the Requester within
<br /> three(3) business days and mailed to the Department at the following address:
<br /> Department of Motor Vehicles, Information Services Branch, Policy and Information Privacy Section—H225, P. O. Box 942890,
<br /> Sacramento,CA 94290-0890
<br /> 3. in the event of any breach of the security of the Requester's system or database containing the personal information of California residents,
<br /> the Requester shall bear all responsibility for providing notice of the breach to the affected residents as required by California Civil Code
<br /> Section 1798.29.The Requester shall bear all costs associated with providing this notice. In addition,the Requester agrees to comply
<br /> with all federal and California state law, including all of the provisions of the California statutes and Title 13 of the California Code of
<br /> Regulations.
<br /> 4a. Requester shall require every employee and the system administrator having direct or incidental access to Department records to sign
<br /> • a copy of the Information Security Statement(INF 1128).The INF 1128 is required upon initial authorization for access to Department
<br /> records and annually thereafter.The Requester's signed statement(s)shall be maintained on file at Requester's work site for at least two
<br /> years following the deactivation or termination of the authorization and shall be available to the Department upon demand.
<br /> b. Requester shall restrict the use and knowledge of requester codes and operational manuals to employees who have signed an Information
<br /> Security Statement(INF 1128).
<br /> c. Requester shall maintain a current list of names of persons authorized.to access Department records.This list shall be available to the
<br /> Department upon demand.
<br /> 5. Access terminals and modems shall not be left unattended while in active session unless secured by a locking device that prevents entry
<br /> or receipt of information,or are placed in a locked room that is not accessible to unauthorized persons.
<br /> 6. Video terminals, printers,hardcopy printouts,or any other form of duplication of Department approved records that are located in public
<br /> access areas shall be placed so that the records shall not be viewed by the public or other unauthorized persons.
<br /> INF 1130(REV.10/2013)WWW 3 o6/6
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