8.f)1) Agreement with MN Departent of Public Safety for Access to DVS Records , y
Meeting Date: 6/16/2009
Agenda Item:
�- � �
City Council Agenda Report
City of Scandia
14727 209th St. North
Scandia, MN 55073 (651) 433-2274
Action Requested: Approve a "DVS Business Partner Records Access Agreement"with
the Minnesota Department of Public Safety/Driver and Vehicle
Services Division (DVS.)
Deadline/ Timeline: N/A
Background: • The city currently checks Minnesota Driver and Vehicle Services
(DVS) driver's license records for all new employees who may
drive city or personal vehicles while on city business. We also
check DVS records as part of background checks required for
licenses (such as liquor, tobacco and gambling.) The records
checks have been done for us by investigators in the Sheriff's
office, acting as our local police deparhnent.
• Staff has been informed of some recent statutory changes that
provide that a local police department can access the data on
driving records for law enforcement purposes only, so access to
the DVS data for non-criminal justice employment or licensing is
generally prohibited.
• LMCIT has recently recommended that the city begin checking
driving records on a periodic bases for all employees, contractors,
or volunteers that may be driving for the city on a routine basis, to
ensure there is no record of reckless or drunk driving, traffic
violations, or a high number of accidents that could expose the city
to liability if they are involved in an accident.
• While we will no longer be able to have the Sheriff's office check
records for us, DVS offers cities (and other organizations) the
option of entering into a "business partner records access
agreement." Cities can obtain driving records on-line(currently
without charge)by signing this agreement (see attached.)
• In addition to the personnel and licensing needs for data access, it
may also be useful to have access to vehicle data to help staff
enforce parking and nuisance laws.
• Each employee given access to the database will also be required
to sign an agreement requiring the data be accessed only for the
Page 1 of 2
06/11/09
, � .
specific, authorized city business purposes.
Recommendation: I recommend that the Council authorize the Mayor to sign the
agreement on behalf of the City.
Attachments/ • Agreement
Materials provided:
Contact(s):
Prepared by: Anne Hurlburt, Administrator
(DVS records access agreement)
Page 2 of 2
06/11/09
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STATE OF MINNESOTA
DVS BUSINESS PARTNER RECORDS ACCESS AGREEMENT
This contract is between the State of Minnesota,acting through its De artment of Public Safe .Driver and Vehicle Services Division(hereinafter
"STATE"),and an owner or officer of�-Y�'I� �.i�y eF S<<tli�l(�
located
at 14l a`i �C�i-1�'� ,ti. �ii t���l+Yi t�-I 1�- ti 7 C` � �, _(hereinafier"DVS BUSINESS PARTNER").
�
I understand that by signing this contract I am agreeing to the following terms and conditions for gaining access to the STATE's Driver and
Vehicle Services Division(hereinafter"DVS")records for a DVS BUSINESS PARTNER business and only for the uses described in the DVS
Business Partners intended use statement.
1. Access to the DVS records will be restricted for the use of the DVS BUSINESS PARTNER employee who needs access to in order to perform
their DVS BUSINESS PARTNER duties.
2. The DVS records information obtained by the DVS BUSINESS PARTNER will not be used for personal or non-business purposes.The DVS
records information obtained by the DVS BUSINESS PARTNER will only be used in the normal course of DVS BUSINESS PARTNER
business and only for the uses described in the DVS Business Partners intended use statement.
3. Each DVS BUSINESS PARTNER employee accessing the records will be required to sign a DVS Business Pariner Employee Record Access
Agreement regarding usage,and dissemination of the STATE data. This form wi!l be maintained with the D 1�S BUSINESS PARTNER
records and submided to the desinnated STf1 TE nersonne/unon reauest
4. The DVS BUSINESS PARTNER employee,records access,will be restricted to only that data information necessary to perform their DVS
BUSINESS PARTNER duties.
5. The DVS BUSINESS PARTNER will inform the STATE as to what records the DVS BUSINESS PARTNER employee needs access to in
order to perform their DVS BUSINESS PARTNER duties.
6. The STATE will be notified by the DVS BUSINESS PARTNER immediately when a DVS BUSINESS PARTNER employee has left the DVS
BUSINESS PARTNER,and that the DVS BUSINESS PARTNER employee access should be deleted.
7. Each DVS BUSINESS PARTNER employee will be assigned their own personal login identification code and password by the STATE,and the
DVS BUSINESS PARTNER employee's password information will not be shared with other DVS BUSINESS PARTNER employees or their
supervisors.
8. The DVS BUSINESS PARTNER understands that improper use or release of the data information contained on the DVS records will result in
loss of record access as well as possible civil penalties under both state and federal laws.
9. Fees
Non-government accounts pay an established fee for each inquiry based on the attached Exhibit C. This fee is automatically deducted from the
account balance every time an inquiry is made. The customer is responsible for establishing and maintaining an account balance suf�icient to
cover individual usage.
10. Liability
The DVS BUSINESS PARTNER will indemnify,save,and hold the STATE,its agents,and employees harmless from any claims or causes of
action,including attorney's fees incurred by the STATE,arising from the performance of this agreement by the DVS BUSINESS PARTNER or
the DVS BUSINESS PARTNERS agents or employees.This clause will not be construed to bar any legal remedies the DVS BUSINESS
PARTNER may have for the STATE's failure to fulfill its obligations under this agreement.
11. Government Data Practices
The DVS BUSINESS PARTNER and STATE must comply with the Minnesota Govemment Data Practices Act,Minn.Stat.Ch. 13 and US
Code title 18§2721,as they apply to all data provided by the STATE under this agreement,and as it applies to all data created,collected,
received,stored,used,maintained,or disseminated by the DVS BUSINESS PARTNER under this agreement.The civil remedies of Minn.Stat.
§ 13.08 and 13.09,and US Code title 18§2721 apply to the release of the data refened to in this clause by either the DVS BUSINESS
PARTNER or the STATE. (See Attachments A&B.)
12. Audits
Audits will be conducted at the Business Partner's expense.
13. Termination
The STATE or the DVS BUSINESS PARTNER may terminate this agreement at any time,with or without cause,upon written notice to the
other party.
Rev, 10/31/08
r � ' S
14. Intended Use Statement
INTENDED USE STATE111ENT
1. Under what law or authority are you entitled to receive the data? Please check the appropriate and applicable boxes.
� US Code Title 18,section 2721 - in addition ro checking this box,yoa must check at least one of the followinP nermissible
uses from exhibit B(check all that apply):
'� � O 8
❑2 �9
❑ 3 ❑ 10
�4 � 11
❑ 5 ❑ 12
O 6 �"13
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� Minnesota Statute 171.12 -Driver's License Data
� Minnesota Statute 168346-Motor Vehicle Data
❑ Other data access request and authority-Please Explain:
2. How will you use the record?
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3. Explain or give a specific example of how you intend to use record information in your project or normal work environment:
(Do not quote permitting authority,but describe specific examples of how you wil]use the data in your own words.Add
additional pages if necessary)
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Rev. 10/31/08
. . . . .
I the undersigned as a"Purchaser"that by signing this agreement that the information provided on this document is correct,and I agree to the terms
and conditions for intended use of the State's data as defined in Exhibit A and Exhibit B,which is attached and incorporated into this agreement by
reference.The Purchaser must comply with the Minnesota Government Data Practices Act,Minn. Stat.Chapter 13,and US Code title IR§2721,as
they apply to all data provided by the State under this agreement. The Purchaser will indemnify,save,and hold the State,and its agents,and
employees harmless from any claims or causes of action,including attomey's fees incurred by the State,arising from the performance of this
agreement by the Purchaser or the Purchaser's agent,employees or customers. The civil remedies of Minn. Stat. � I 3.08 and 13.09,and US Code
tit)e 18�2721 apply to the release of the data referred to in the dause by either the Purchaser or the Stale.
1. DVS BUSINESS PARTNER 2.STATE AGENCY
B ( rint and si n): B :
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Tide(no acron ms : P'l �: Title:
Date: � - j(� -- ('� �'� Date•
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Email: ��li � � CI � S�Qi�C'�+it ,N'In. V S
Phone Number: f�5�- tf 3 3 --c�u�'�'y-
RETURN THIS ENTIRE CONTRACT TO DVS
Rev. 10/31/08
. , . .
EXHIBIT A
Disclosure statement for Internet Access& bulk data file with specific authorization for access•
You may resell or re-disclose the Driver License information you receive only for individual records requests for
uses listed in#I 1-10,and I 3-14 on the attached sheet. You may not re-disclose the information in bulk fashion
In the event that you resell or re-disclose this information you must keep records identifying each person or entity
that receives information and the permitted purpose for which the information will be used, this information must
be retained for 5 years. You must also make these records available ro the Driver and Vehicle Services Division
upon request.
You may resell or re-disclose the Motor Vehicle information you receive for any putpose as individual records
requests. You may not re-disclose the information in bulk fashion.
Access ro Driver License and Motor Vehicle records is governed by Minnesota Statues Sections 168.346, 171.12
Subd. 7 and 171.12 Subd. 7a.and United States Code,title 18,sections 2721-2725.
Under United States Code,title 18, Sec. 2722 the following are unlawful acts:
"(a)Procurement for Unlawful Purposes.--It shall be unlawful for any person knowingly to obtain or
disclose personal information,from a motor vehicle record, for any use not permitted under section
2721(b)of this title.
"(b)False Representation.--It shall be unlawful for any person to make false representation to obtain any
personal information from an individual's motor vehicle record.
Under United States Code, title 18,Sec.2723 the following penalty may apply to unlawful acts:
"(a)Criminal Fine.--A person who knowingly violates this chapter shall be fined under this title.
United States Code,title l8,Sec.2724 provides for the following Civil action.
"(a)Cause of Action.--A person who knowingly obtains,discloses or uses personal information,from a
motor vehicle record, for a purpose not permitted under this chapter shall be liable to the individual to
whom the information pertains,who may bring a civi]action in a United States district court.
"(b)Remedies.--The court may award--
"(1)actual damages,but not less than liquidated damages in the amount of$2,500:
"(2)punitive damages upon proof of willful or reckless disregard of the law;
"(3)reasonable attorneys' fees and other litigation costs reasonably incurred;and
"(4)such other preliminary and equitable relief as the court determines to be appropriate.
Under United States code title 18,Sec.2725 Motor vehicle record is defined as:
"(1)`motor vehicle record' means any record that pertains to a motor vehicle operator's permit,motar
vehicle title, motor vehicle registrations,or identification card issued by a department of motor
vehicles.
Rev, l 0/31/08
EXHIBIT B
Permissible Uses of Motor Vehicle Data as provided in
United States Code,title 18,section 2721
I) For use by any government agency, including 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.
2) For use in connection with 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 origina]owner records of motor vehicle manufacturers.
3) For use in the normal course of business by a legitimate business or its agents,employees,ar contractors,but
only—
(A)to verify the accuracy of personal information submitted by the individual to the business or its agencies,
employees,or contractors;and
(B)if such information as so submitted is not correct or is no longer correct,to obtain 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.
4) 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 service of process, investigation in
anticipation of litigation,and the execution or enforcement of judgments and orders,or pursuant to an order of
a Federal, State or local court.
5) For use in research activities,and for use in producing statistical reports,so long as the personal information is
not published,re-disclosed,or used to contact individuals.
6) For use by any insurer or insurance support organization,or by self-insured entity,or its agents,employees,or
contractors,in connection with claims investigation activities,antifraud activities,rating or underwriting.
7) For use in providing notice to the owners of towed or impounded vehicles.
8) For use by any licensed private investigative agency or licensed security service for any purpose permitted
under this subsection
9) 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
U.S.C.App.2710 et seq.).
10) For use in connection with the operation of private toll transportation facilities.
11) For any other use in response to requests for individual motor vehicle records if the State has obtained the
express consent of the person to whom such personal information pertains.
12) For bulk distribution for surveys,marketing,or solicitations if the State has obtained the express consent of
the person to whom such personal information pertains.
13) Far Use by any requester,if the requester demonstrates it has obtained written consent of the individual to
whom the information pertains.
14) For any other use specifically authorized under the law of the State that holds the record, if such use is related
to the operation of a motor vehicle or public safety.
Rev. ]0/31/08