15-144 - WA. State Dept. of Licensing - Driver and Plate Search (DAPS)

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DocuSign Envelope ID: E0B3D4C5- 9003- 4A18- A350- 475309BE8BB1 REVISED 10 -2 -2013 1.12 Subcontractor means one not in the employment of a party to this Contract, who is performing all or part of those services under this contract under a separate contract with a party to this Contract. The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier. 1.13 USER means the Contractor, the Contractor employee(s) or agent(s) or authorized entity performing on behalf of the primary Contractor and who will access the DAPS data system. 2. STATEMENT OF WORK The parties to this Contract shall fumish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for, or incidental to, the exchange of data as set forth in the: • Attachment A, General Terms and Conditions; • Attachment B, Agency Access Request (420 -201); • Attachment C, Employee Access /Change Request (420 -205); • Attachment D, Data Security Requirements, which are incorporated herein by reference. 3. PERIOD OF PERFORMANCE This Contract may be extended for periods of up to one (1) to five (5) years in duration each for a maximum Period of Performance not to exceed fifteen (15) years and is at the exclusive option of the DOL and shall be affected by the DOL giving written notice of extension or renewal to Contractor prior to expiration as provided herein. Prior to an extension or renewal being issued, the Contractor must submit a new DAPS Agency Access Request (form 420 -201). To assist DOL in maintaining a current account of USERS, the Contractor must submit a new DAPS Employee Access /Change Request (form 420 -205) yearly and upon request. 4. ALTERATIONS AND AMENDMENTS This Contract may be amended by mutual Contract of the parties. Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties. 5. COMPENSATION This is a non - financial Contract. In no event shall either party seek compensation for work performed under this Contract. 6. RECORDS, DOCUMENTS The Contractor shall maintain books, records, documents and other evidence of data security procedures and practices. These records shall be subject at all reasonable times to inspection, review, or audit by personnel duly authorized by DOL, the Office of the State Auditor, and federal officials so authorized by law, rule, regulation, or Contract. The Contractor will retain all books, records, documents, and other materials relevant to this Contract for six (6) years after settlement, and make them available for inspection by persons authorized under this provision. The Contractor shall be responsible for any audit exceptions or disallowed costs incurred by the Contractor or any of its Subcontractors. 7. CONFIDENTIALITY The use or disclosure by any party of any information concerning the other party for any purpose not directly connected with the administration of responsibilities, with respect to services provided under this Contract, is prohibited except as otherwise required by law or by prior written consent of the other party. Each party shall maintain as confidential all information concerning study findings and recommendations, as well as the business of the other party, its financial affairs, and relations with its clientele and its employees, and any other information, which is specifically classified as Confidential Information by law. To the extent consistent with Washington State law, each party shall maintain all information, which the other party specifies in writing as Confidential Information. Each party shall have an appropriate Contract with its employees and subcontractors to this effect. DAPS Use and Disclosure Contract, Attachment A, General Terms and Conditions Page 2 of 4