HomeMy WebLinkAboutAgreement A-19-441 with State of California DMV.pdfMOU Version 1.1 1 7/16/2019
California Department of Motor
Vehicles Memorandum of
Understanding
County of Fresno - Internal
Services Department
This Memorandum of Understanding (MOU) betw een the Departm ent of Motor
Vehicles, State of California (DMV) and the County of Fresno Internal Services
Department (County of Fresno ISD) at 333 W Pontiac Way, Clovis, CA 93612, is
to provide direct online information access to approved government agencies
(Requesters) via County of Fresno ISD’s network. The following terms and
conditions will be followed by the identified parties of this MOU:
1.Any modification or amendment to this MOU must be in writing and
signed by both parties.
2.This MOU is for a term of forty-eight (48) months from the date of DMV
approval. If this MOU expires, the provisions herein remain in effect until a
superseding MOU is executed.
3.DMV may, without notice, terminate services if its information is used for an
unapproved purpose or failure to comply with any statute or regulation
relating to information privacy or security.
4. DMV or County of Fresno ISD may terminate this MOU without cause by
providing written notice of such intent. Notice must be on agency letterhead
and be received not less than thirty (30) days prior to the date of termination.
Notice is deemed received five (5) days from the date of mailing or electronic
transmission. Notice from DMV will be directed to the address provided by
County of Fresno ISD. Notice from County of Fresno ISD will be directed to:
Agreement No. 19-441
MOU Version 1.1 2 7/16/2019
Department of Motor Vehicles
Electronic Access and Security Section
P.O. Box 942890, Mail Station H-225
Sacramento, CA 94290-0890
(916) 657-5582
(916) 657-5907 (FAX)
5.County of Fresno ISD may be responsible for all damages and costs,
including attorney fees, arising from its noncompliance with any terms
herein. This provision is not intended to make County of Fresno ISD
responsible for the acts or omissions of any Requester and all rights, defense,
and protections granted as a matter of law are reserved to County of Fresno
ISD.
6.County of Fresno ISD and its officers, agents and employees shall act in an
independent capacity and not as officers, agents or employees of DMV.
7.County of Fresno ISD shall establish security procedures to protect the
dissemination of confidentiality of DMV information in compliance with
California Vehicle Code Section 1808.47.
8.County of Fresno ISD shall ensure employees having any access to DMV
information complete an Information Security Statement (INF 1128).
County of Fresno ISD shall maintain and make available to DMV upon
request each INF 1128 for two (2) years beyond the term of its account.
9.County of Fresno ISD shall report any unauthorized access or use of DMV
information within one (1) day from date of discovery to DMV’s
Information Services Branch at 916-657-5583. In addition, County of Fresno
ISD shall provide written documentation regarding the incident within three
(3) business days to:
MOU Version 1.1 3 7/16/2019
Department of Motor Vehicles
Manager, Policy and Information Privacy Section
P.O. Box 942890, Mail Station H-225
Sacramento, CA 94290-0890
(916) 657-5583
(916) 657-5907 (FAX)
10.If County of Fresno ISD’s system accesses or maintains DMV information and
there is a breach of its security, County of Fresno ISD shall provide notice of
the breach to affected California residents pursuant to California Civil Code
Section 1798.29.
11.County of Fresno ISD shall maintain and make available a list of all Requesters
using its network to access DMV information.
12.DMV is not responsible for costs and maintenance of communication lines
used to access its information.
13.County of Fresno ISD shall log and securely store the agency and user identity,
including indirect requesters, date and time when the information is requested
from DMV. Logs shall be maintained for two (2) years from the date of the
transaction and shall be available to DMV for audit purposes.
14.County of Fresno ISD agrees to accommodate DMV’s request for an
inspection, review or audit immediately upon request from DMV or DMV’s
representative and to allow on-site audits during regular business hours for
purposes of determining compliance with the terms of this MOU.
15.County of Fresno ISD will comply with all DMV Information Security Agreement
provisions, including implementing and maintaining the approved
configuration security of its network connectivity for transmission of DMV data.
Any proposed changes must be approved by DMV prior to implementation.