HomeMy WebLinkAboutCD-59-98
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THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
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REPORT
Date: November 2, 1998
File rtO;;;2.GC
Res. #GPA-5~1-CJd'--.
By-law # ~/h5
Meeting: General Purpose & Administration Committee
Report No: CO-59-98
Subject:
Ministry of Transportation, Municipal Parking Tag Program
RECOMMENDATIONS:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report CO-59-98 be received; and
2. THAT the by-law attached to Report CO-59-98 authorizing the Mayor and Clerk to
execute the Government Authorized Requester Agreement be approved.
BACKGROUND:
In June of this year the Ministry of Transportation announced a new program for
municipalities involved in the issuing of parking tickets. The Ministry decided to begin to
charge the local municipalities for access to motor vehicle license information.
The program had received Management Board approval on March 30, 1997, however no
announcement or discussion took place prior to its June unveiling. It called for
municipalities to pay $3.00 per data access. The program as it now stands requires the
municipality to pay the fee only for those tickets where the Oefendant has failed to respond
to a Notice of Impending Conviction and those who request a trial but fail to appear. This
cost is to be offset by increased court costs in these two instances. Future monthly parking
reports will include the fees paid back to the Ministry for these matters.
Where a vehicle owner fails to pay a parking ticket within thirty-five days the Municipality
may proceed to send the ticket to court for a conviction to be registered against the owner
of the vehicle. In order to prepare the tickets for court the Municipality must know who
owns the vehicle. This information is obtained from the Ministry of Transportation.
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CD-S9-98
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November 2, 1998
MEDIUM OF DELIVERY:
At present the Municipality sends a printed list to the Ministry containing the license
numbers it requires information on. The Ministry has advised that as of the end of fiscal
98/99 (the end of March 1999) the Municipality will have to move to the Electronic Data
Transfer system. This will allow for faster turnaround time on information requests.
Moving to this system will require a direct dedicated phone link from the Ministry's
computers to the Municipality. Staff will be arranging this through the Computer Systems
Manager. When implemented there will be an associated administrative cost from the
province.
In order to continue operations the Municipality must sign and return to the Ministry a
Government Authorized Requester Agreement. It is therefore recommended that the
execution of the Agreement be authorized by Counci I.
Respectfully submitted:
Reviewed by:
. A. Marano
Acting Chief Administrative Officer
LClPB/mh
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THE CORPORATION OF THE MUNICIPALIlY OF CLARINGTON
BY-LAW 98_
being a by-law to authorize the execution of an Agreement
between the Corporation of the Municipality of Clarington
and the Ministry of Transportation
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY
ENACTS AS FOLLOWS:
1. THAT the Mayor and Clerk are hereby authorized to execute on
behalf of the Corporation of the Municipality of Clarington, and seal
with the Corporate Seal, a Government Authorized Requester
Agreement with the Ministry of Transportation to provide motor
vehicle license information for the municipal parking tag program.
2. THAT the Agreement attached hereto as Schedule "A" forms part
of this By-law.
By-law read a first and second time this 9th day of November 1998
By-law read a third time and finally passed this 9th day of November 1998
MAYOR
CLERK
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TillS A(;REli:M.:NT MAU.: IN UlJI'Ul:ATE TilE FlltST bAY 011 JlJLY, 199M.
GOVERNMENT AUTHORIZED REQUESTER AGREEMENT
THIS AGREEMENT made
1111' I" Hill
Her Majesty tbe Queen in Rigbt of the Province of Ontario as represented by the Minister of
Transportation,
(hereinafter referred to as the "Ministry"),
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Municipality of Clarington (9666), a Municipality in the Province of Ontario
(hereinafter referred ,to as the "Municipality").
WHEREAS the Ministry maintains computer databases containing residential address
information pertaining to the registered bolders of motor vehicle licence plates, (herein referred
to as "Information Products");
AND WHEREAS the Municipality requires access to the Information Products for the purpose
of commencing a legal proceeding against a registered licence plate holder who has committed a
parking infraction in contravention of a municipal parking by-law;
AND WHEREAS the Ministry shall permit the Municipality access to the Ministry's
Information Products subject to the terms and conditions of this Agreement;
NOW THEREFORE the Ministry and the Municipality, in consideration of the promised and
mutual covenants hereinafter contained, do bereby agree as follows:
1. 0 Grant oflicence
l.l Grant
The Municipality is granted herein a non-exclusive, non-assignable and non transferable licence
to access and use the Information Products, subject to the terms of this Agreement.
1.2 Title
The Municipality agrees and acknowledges that the Ministry owns all rigbt, title and interest in
the Information Products and other proprietary rights. This licence is not a sale of any or all of
the Ministry's right, title or interest of any kind whatsoever.
1.3 (I) Autborized Use
The Municipality warrants that the Information Products and the information contained therein
shall be held in strict confidence for the exclusive use of the Municipality and that the
Municipality sball not use the Ministry's Information Products for any purpose except for that
which has been approved by the Ministry, as follows:
(a) to send to registered licence plate holders notices that are prescribed by law where a
legal proceeding has been commenced by the Municipality against the registered
licence plate holder where it is alleged that the registered licence plate holder has
committed an infraction against a parking by-law enacted by the Municipality; and
(b) to have Information Products certified by the Ministry for legal proceedings where it
is alleged that the registered licence plate holder has committed an infraction against a
parking by-law enacted by the Municipality,
(2) The Municipality warrants that it bas statutory authority under the Municipal Freedom of
Information and Protection of Privacy Act for accessing the personal information contained in
the Information Products.
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1.4 Data Matching and Data Profiling
The Municipality shall not develop or derive for any purpose whatsoever. any other product in
machine-readable form or otherwise. that incorporates, modifies. or uses in any manner whatsoever.
any "personal information" obtained from the Information Products. "Personal information" for the
purposes hereof shall have the meaning as dermed in su\).section 2( I) of the Freedom ofInformation
and Protection of Privacv Act (RS.O. 1990 c.F.31). In addition, the Municipality shall not place
any data which was not obtained hereunder, into a database containing Personal Information
obtained pursuant hereto. other than as authorized.
1.5
Individuals not to be contacted
The Municipality shall not contact any individual to whom the Information Products relate. directly
or indirectly other than as authorized.
1.6
Document Destruction
The Municipality shall destroy the Information Products and any copies or portions thereof in its
possession within thirty (30) days following completion or fulfilment of the authorized use as set out
in Article 1.3 herein.
1.7 Survival
The Municipality further warrants that such forbearance from use of Information Products shall be
binding upon its successors. This Article shall survive the expiry or termination of this Agreement.
1.8 Applicability of Agreement
This Agreement shall only apply to parking infraction notices and certificates prescribed by Part II
of the Provincial Offences Act or the regulations made thereunder that were issued by the
Municipality on or after July I, 1998. This Agreement shall not affect or supersede existing
agreements or arrangements between the Ministry and the Municipality with respect to the
licensing of driver and vehicle records that are not subject to this Agreement.
2.0 Terms
2.1 Terms and Renewal
The term of this Agreement shall be for an Initial Term of 12 months, from the first day of July.
1998 to the thirtieth day of June, 1999, and, thereafter, shall automatically be renewed for an
additional term of 12 months following the Initial Term upon the same terms and conditions as set
out herein, unless either party provides written notice not less than thirty (30) days prior to the
expiration of the Initial Term or any subsequent 12 month term, of its intention to terminate the
Agreement.
2.2 Early Termination
Despite Article 2.1 herein, this Agreement may be terminated by either party giving to the other
party thirty (30) days written notice of termination.
2.3 Conflict with Privacy Laws
This Agreement is subject to any restrictions, limitations or provisions enacted by the Ministry or
the Province of Ontario, which may affect any of the provisions or terms set forth herein, including
the right to limit the information included in the Information Products, in any manner. In addition,
the Ministry shall have the right to cancel this Agreement forthwith, in the event of specific conflict
with the provision of any legislation or regulation affecting freedom of information, or protection of
privacy.
3.0 Transmission of Information Products
3.1 Transmission ofInformation Products
The Ministry shall transmit Information Products to the Municipality in the manner prescribed in
Schedule "An, and such transmission shall be subject to any conditions prescribed therein. Schedule
"An is incorporated into, forms a part of and is subject to the terms and conditions of this Agreement.
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4.0 Fees & Chames
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(I) The MunlclplIllty shall pay the Ministry the following amounls lbr accessing Ihe Ministry's
Information Products:
(a) $8.75 of every allowance of $11 that the Municipality receives for each notice of
impending conviction that the Municipality issues where a conviction is subsequently
obtained under subsection 18.2(6) of the Provincial Offences Act (the allowance is
authorized by subsections 12(1), (3), O. Reg. 949 made under the Provincial Offences
&ill;
i1'1 "'''Jeel to clause 12J lIetell!. $~.15 tJj evety lllltJwllllce 01 $9 tllat tile I\lutllclpalll,
receives for each fme that it collects in connection with a conviction under section 18.4
of the Provincial Offences Act (deemed not to dispute charge due to failure to appear at
the time and place appointed for the hearing) (the allowance is authorized by subsection
12.1(1), O. Reg. 949 made unde; the Provincial Offences Act).
(2) Where the Municipality receives an allowance ofless than $9.00 as authorized by subsection
12.1(1).ofO. Reg. 949, it shall not remit the amount specified in clause (b), but instead it shall
remit to the Ministry any amount it receives in excess of$0.25, up to the amount of $8.75.
4.2 Method and Timin!! of Payment
Subject to Article 4.3 herein, the Municipality shall remit a payment by cheque which shall be
received by the Ministry on or before the fifteenth dl\y of each month for the amount prescribed
in Article 4.1 herein. The payment that is remitted to the Ministry shall be the amount owing to
the Ministry from the previous calendar month.
4.3 First Payment
The Municipality shall remit the first payment by cheque to the Ministry which shall be
received by the Ministry on or before October 15, 1998 for the amount prescribed under Article
4.1 herein. The payment that is remitted shall be the amount owing to the Ministry that was
incurred between July 1 and September 30, 1998.
4.4 Pavment Information
Any payments owing to the Ministry under this Agreement or the Schedules made hereunder
shall be made payable to the Minister of FinancelMTO. All payments and any reports that are
required to be sent to the Ministry under this Agreement or the Schedules made thereunder shall
be sent to:
Ministry of Transportation
Licensing Administration Office
Attention: Supervisor, Data Access & Control Unit
2680 Keele St., East Building
Downsview ON M3M 3E6
5.0
Records and Reoortinl!
5.1
Monthly Report
The Municipality shall duly complete and remit to the Ministry a monthly report which is
contained in Schedule 'B', which forms part of, is incorporated into, and made a part of this
Agreement. The signature of the Treasurer or Chief Financial Officer of the Municipality shall
be affixed to the monthly report. The monthly report shall be remitied to and received by the
Ministry within fifteen days after the end of each calendar month to which the monthly report
corresponds, except that no monthly reports shall be required to be remitted to the Ministry for
the months of July, August, and September 1998. Where the Municipality owes the Ministry
payment under Article 4.1 herein, the monthly report shall be remitted along with the payment
that is owing to the Ministry. Where no payment is owing to the Ministry under Article 4.1
herein, the monthly report that is remitted shall indicate as such.
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5.2 Annual Report
The Municipality shall duly complete and remit to the Ministry an annual report as prescribed
in Schedule "C', which is incorporated into, forms a part of, and is subject to the terms and
conditions of this Agreement. The first annual report shall be remitted to, and received by the
Ministry on or before April 15, 1999, and shall contain data corresponding to the period from
July I, 1998, to March 31, 1999. Subsequent annual reports shall be remitted to, and received by
the Ministry on or before April 15 for each year that the Agreement is in effect, and shall
contain data corresponding to the previous fiscal year (defined as from April I to March 31) and
cumulative data from July I, 1998.
5.3 Ministry Reports
(1) The Ministry shall duly complete and send an annual report to the Municipality as
prescribed in Schedule "D", which is incorporated into, forms part of and is subject to the terms
and conditions of this Agreement. The report shall be remitted and received by the Municipality
on or before May 1" of each year that the Agreement is in effect, and the data contained in each
report shall correspond to the previous fiscal year (defmed as from April 1 to March 31), except
for the first annual report which shall correspond to the period from July I, 1998, to March 31.
1999.
(2) The Ministry shall duly complete and send a report to the Municipality on or before the end
of the Initial Term of the Agreement which shall monitor the performance of the subject matter
prescribed by this Agreement.
5.4 ~
The Ministry and the Municipality shall produce and maintain written records, which shall be
sufficient to enable both parties to produce the reports that are prescribed .in Schedules "8", "C'
and "D".
5.5 Records Custodian
Each party shall designate as provided below in writing one or more individuals with appropriate
authority as the persons responsible for the compilation and custody of the written records
prescribed in Article 5.4 herein. Any such authorized person shall be competent to certify the
accuracy and completeness of the written records that the Ministry, or the Municipality, as the
case may be, is required to maintain and produce.
The Ministry:
(Title)
Supervisor, Data Access & Control
(Telephone Number)
(416) 235-4731
The Municipality:
(Title)
(Telephone Number)
5.6 ~
In the event of a conflict between the information contained in the records or reports produced
and maintained by the Municipality, and the information contained in the records or reports
produced and maintained by the Ministry, the parties shall resolve the conflict in the manner
prescribed by Article 9.1 0 herein.
5.7 Account Number
The Ministry shall assign a unique account number to the Municipality and the Municipality
shall use this account number solely for the purpose of identifying itself to the Ministry pursuant
to this Agreement, including when accessing and obtaining Information Products. The unique
account number shall only be used as authorized by the Ministry.
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6.0. Security and Audit
II 61 Securi ty
II
(a) The Municipality shall maintain the security and integrity of the information and
Information Products which it receives, and it shall comply with such security requirements
as are from time to time specified by the Ministry, which includes keeping the information
and Information Products in a physically secure location to which access is restricted.
!I'I I h,. ""lI1itlp911t), I~ I espullSI~le fuf tile sele6litlll. IIU~leltlelllaliull. allu lIIailllellallce uf
appropriate security products, tools, and procedures sufficient to meet Ministry
requirements for protecting Information Products from improper access. loss, alteration, or
destruction. The Municipality is responsible for implementing tests, as may be necessary,
to establish and monitor its own security products, tools, and procedures and to assess their
adequacy.
(c) The Municipality warrants that it shall restrict employee/agents access to the information
it receives pursuant to this Agreement by requiring all employees who shall have access to
such information to enter into and comply with an Employer/Employee/Agent Security
Statement ("Security Statement") which is contained in Schedule "E" and which is
incorporated into. made a part of, and subject to the terms and conditions of this
Agreement. The Security Statement shall bind the Municipality and all employees/agents
to the terms and conditions set out therein. The Municipality acknowledges and agrees
that it shall be solely responsible for any failure on its part to bind an employee or agent and
to ensure his or her compliance with the Security Statement and it shall indemnifY the
Ministry for any losses or damages which occur as a result of its failure to bind an
employee and to ensure his or her compliance with the Security Statement. The
Municipality shall be required to maintain a copy of all Security Statements that it has
entered into for a period of three (3) years from the date when the employee/agent ceases
to be an employee/agent of the Municipality.
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I, (d) Subject to the authorized use as set out in Article 1.3 herein, any duplication of address
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:i non-authorized persons.
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,I (e) If the Municipality is approved to receive residential addresses, the Municipality may only
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:l disclose residential address information subject to the provisions of the Municipal Freedom
of Information and Protection of Privacv Act (RS.O 1990, c.M56). as may be amended
from time to time,
6.2 Audit
The Municipality shall accommodate electronic or manual audits of the Municipality at the
discretion of the Ministry and on one (I) business day's notice. The Municipality agrees to allow
on-site audits by the Ministry during regular business hours. All records created by, or as a result
of this Agreement shall be subject to inspection and audit by the Ministry for a period of three (3)
years from the date they are created.
7.0 Default
7.1 Default
In the event of the default of any of the terms and conditions in this Agreement by the Municipality
whether by omission or commission, or if an event of default under Article 7.2 herein occurs, the
Ministry at its discretion, may suspend, cancel or revoke the privileges of the Municipality
hereunder, forthwith upon delivery of notice in writing to that effect. The Ministry may pursue
appropriate administrative, civil andlor criminal remedies for default of the Agreement provisions.
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7.2
Events of Default
Default events include, but are not limited to, the following:
(a) the Municipality is merged with or annexed by another municipality;
(b) the Municipality has submitted false or misleading information to the Ministry or makes
a false representation in this Agreement;
(c) there is a change in legislation or regulations which affects the terms and conditions of this
agreement;
(d) the Municipality fails to meet a term or condition of this Agreement; or
(e) the Municipality has distributed restricted or confidential information to any person for a
reason not authorized herein.
7.3 Surrender of Information Products
Whenever the Municipality account is suspended, cancelled or revoked or upon termination of this
Agreement, the Municipality shall, at the request of the Ministry, surrender to the Ministry all
Information Products and any copies or portions thereof in its possession and all records retained in
respect thereof, except those copies required to fulf1J. its obligations as set out in Article 9.7 herein,
not later than the end of the third business day after the date of suspension, revocation, closure,
cancellation, expiry or termination as the case may be. The Municipality shall continue to remain
bound by the non-disclosure provisions hereofwhich shall survive termination of this Agreement and
shall remain in full force and effect.
8.0 Certification of Records
8.1 Certification by Registrar
The Municipality shall only request that Information Products be certified by the Ministry
(Registrar of Motor Vehicles) when either the Municipality is required to do so for the purpose of
legal proceedings or for some other purpose required by law.
8.2 Transmission of Certified Information Products
The Ministry shall transmit to the Municipality all Information Products which it has certified in
paper format. Despite Schedule "A" of this Agreement, the Ministry shall transmit to the
Municipality all certified Information Products by mail or as otherwise agreed between the Parties.
9.0 General
9.1 Independent Contractor
The Municipality and its officers, agents and employees shall act on behalf ofthe Municipality and
are not officers, agents or employees of the Ministry.
9.2 Indemnity
The Municipality agrees to defend, indemnify and hold harmless the Ministry and its officers,
agents and employees from any and all, actions, damages or losses which may be brought or alleged
against the Ministry, its officers, agents or employees by reason of the negligent, improper, or
unauthorized use or dissemination by the Municipality or its officers, agents, or employees, of
Information Products furnished to the Municipality by the Ministry, or by reason of inaccurate or
out-of-date information contained in Information Products furnished to the Municipality by the
Ministry. This indemnification shall survive the expiry or termination of this Agreement.
9.3 Limitation of Liability
The Ministry makes no warranty, express or implied, with respect to the Information Products, the
accuracy or completeness of information contained therein, or that they shall be fit for any purpose.
In no event will the Ministry be liable for damages, including any loss of profits or other incidental
or consequential damages, arising out of the Municipality's use of, or inability to use the
Information Products, or delays by the Ministry, or from failure to supply Information Products, or
from inaccurate or out-of-date information contained therein. This Article shall survive the expiry
or termination of this Agreement.
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9.4
Force Majeure
Neither party shall be liable for delay or failure in performance resulting from acts beyond the
control of that party, including but not limited to: acts of God, acts of war, fires, floods or other
disasters, strikes, walkouts, communication line or power failure, or failure, inoperability or
destruction of computer hardware, software or firmware (unless by reason of the negligence of a
party to this Agreement).
9.5
Advertising
Any promotional or informational material related to the Municipality's access to the Ministry's
Information Products shall be accurate and shall be consistent with the terms and provisions of the
Agreement and application, and shall contain only factual statements relating to the purpose and
conditions of access as set forth in this Agreement. The Ministry's name and logo shall not be used
without the prior written consent of the Ministry.
9.6
Enforceability
The parties agree that, as between them, each Information Product request received by the Ministry
shall be deemed to constitute a memorandum in writing, signed and delivered by or on behalf of the
Municipality thereof for the purposes of any statute or rule of law that requires a contract to be
evidenced by a written memorandum to be signed and/or delivered. Each party acknowledges that
in any legal proceedings between them respecting or in any way related to an Information Product.
it hereby expressly waives any right to raise any defence of waiver ofliability based upon the absence
of a memorandum in writing or of a signature.
9.7 Evidence
Any computer printout made pursuant to this Agreement shall be considered to be an "original"
when maintained in the normal course ofbusiness and shall be acceptable by both parties to the same
extent and under the same conditions as other business records maintained in documentary form.
Each party agrees that any written records required to be kept by either party pursuant to this
Agreement shall be admissible in any legal, administrative or other proceedings as prima facie
evidence of the accuracy and completeness of their contents in the same manner as an original
document in writing. The parties hereby waive any right to object to the introduction of a duly
certified permanent copy of such records in evidence.
9.8 Non-Assignability
This Agreement is not assignable by the Municipality, either in whole or in part. without the prior
written consent of the Ministry.
9.9 Notification of Breach
The Municipality shall notify the Ministry in writing immediately upon becoming aware that any
of the provisions set out in this Agreement have been breached.
9.10 Objection Procedure
The parties hereby agree to utilize the following escalation procedure to resolve any issues, disputes
or claims which may arise prior to resorting to any arbitration of legal remedies.
In the event of a dispute arising out of or in connection with this Agreement, the parties' contact
person shall initially attempt to settle the dispute. If they are unable to do so within two (2) weeks,
they shall refer the dispute to their respective senior management who shall have a further two (2)
weeks to negotiate the resolution. Failing such resolution, the matter shall be referred to a single
mediator mutually agreeable to both parties. Any decision of such mediator shall be a
recommendation for resolution of the dispute but shall not be binding on a party without its consent.
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9.11 Notices
Except where othelWise specified herein, any notification to be given under the provisions of this
Agreement shall be in writing and shall be given by personal delivery, or sent by electronic
facsimile, or mailed by a prepaid registered mail or delivered by courier service. The
Municipality shall notifY the Ministry within ten (10) working days of any change of address or
contact person. Subject to change by either party with written notice, notices shall be addressed
as follows:
To the Ministry:
Licensing Administration Office
Ministry of Transportation
2680 Keele Street
Main Floor, East Building
Downsview ON M3M 3E6
Attention:
Co-ordinator
Business Infumation Services
Tel: (416) 235-4832
Fax: (416) 235-4414
To the Municipality:
Municipality of Clarington
40 Temperance St.
Bowmanville, Ontario LIC 3A6
Attention:
Tel:
Fax:
Notices shall be deemed to have been effectively given on the date of personal delivery, the date
of electronic facsimile transmission or the date of delivery by courier service, or in the case of
service by registered mail five (5) days after the date of mailing.
9.12 Waiver
Failure of the Ministry to complain of any act or failure to act of the Municipality, or
to declare the Municipality in default, shall not constitute a waiver by the Ministry of
its rights under this Agreement. No waiver of any rights under this Agreement shall be
effective unless in writing, duly executed by the Ministry.
9.13 Entire Agreement
This Agreement, including the Authorized Requester Application and all Schedules
attached hereto, constitutes the entire agreement and understanding of the parties
relating to the subject matter hereof and supersedes all prior understandings,
discussions, negotiations, commitments, representations, warranties and agreements,
written or oral, express or implied, between them. None of the parties shall be bound by
any definition, condition, warranty or representation other than as expressly stated in
this Agreement. Except as expressly provided herein, this Agreement may be amended
or modified only by an instrument in writing executed by each of the parties.
9.14 Survival of Provisions
Each provision of this Agreement which, in order to give effect thereto, is required to
survive termination of this Agreement, shall do so and shall continue in full force and
effect until indicated in writing by the Ministry.
9.15 Jurisdiction of Contract
A contract created pursuant to this Agreement shall be deemed to have been formed in
the Province of Ontario and the rights and obligations of the parties to such contract
shall be governed by the laws in force in Ontario.
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9.16 Interpretation
(a) Headings are not to be considered part of this Agreement, and are included solely for
convenience and are not intended to be full or accurate descriptions of the content of
the paragraph.
(b) In this Agreement, words importing the singular number include the plural and vice
versa, words importing the masculine gender include the feminine and neuter
genders; words importing persons include individuals, sole proprietors, corporations,
partnerships, trust and unincorporated associations.
IN WITNESS WHEREOF, each of the parties hereto have executed this Agreement.
Ministry of Transportation Official
Director, Licensing and Control
Date
Municipality
n "R~1'I'I?Q
Name
Date
Title ;~,,:'r;::
Mayor
P. Barrie
Name
Date
Title
Clerk
Date
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SCHEDULE "A": TRANSMISSION OF INFORMATION PRODUCTS
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I I A.I Transmission of Information Products
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Ii The Municipality shall indicate by affixing the signature of an official which is authorized to bind the
Municipality in the space provided herein by which means of transmission the Municipality shall request
and receive Information Products. The Municipality shall only be able to request and receive Information
Products by one means of transmission as prescribed herein. Once the Municipality elects to request and
receive Information Products by one means of transmission, it shall not be eligible to request and receive
Information Products by another means of transmission unless it has received the approval of the Ministry.
ELECTRONIC DATA TRANSMISSION (EDT)
A.2 Telecommunications Link
The Municipality shall electronically access the Ministry's Information Products through a
telecommunications link to be established between the Municipality's computer and EDT.
A.3 Effect of Electronic Requests
The Ministry shall accept the electronic requests for Information Products and shall respond with Information
Products. The parties agree that any requests for Information Products made under this Agreement shall be
equivalent in effect, in contract and at law, to a request otherwise made on paper medium or otherwise, and
transmitted, all in accordance with this Agreement.
AA EDT and Mailbox
The Municipality shall obtain, install and test at its own expense all the computer equipment, supporting
equipment software and services, including communications and mailbox services ("Mailbox") that it shall
require in order to send and to receive electronic documents, as contemplated by thfs Agreement, through
EDT.
A.5 Receipt and Acknowledgement
The Ministry is hereby deemed to have received the requests for Information Products when the request is
received by the Ministry at its Mailbox. No request for Information Products or any other document shall
be of any legal effect until it is received. The Municipality is hereby entitled to an acknowledgement of
receipt from the Ministry and reasonable efforts to assist when failed communication is detected.
A.6 Connectivity Costs
The Municipality shall pay to the Ministry all costs associated with use of EDT for electronic access to
Information Products in the manner and at the time prescribed by the Ministry. The connectivity costs shall
include a one time set up fee of $250.00 for a Personal Computer (PC) connection or $1,100.00 for a
mainframe connection. In addition, there shall be recurring and usage charges for all hardware, software,
and services required to connect to and use EDT. No connectivity costs sha11 be payable to the Ministry if the
Municipality is already able to access Information Products from the Ministry by EDT.
A.7 Contract Terms and Conditions
A contract shall be formed between the parties as a result of receipt via the EDT of the request for Information
Products and such contract shall contain the information set out in the request for Information Products and
shall incorporate and be subject to the terms and conditions of this Agreement.
A.S Data Processing
The Municipality agrees to maintain control of the requests for and receipt of the Information Products from
its head office. From this head office, the Municipality also agrees to maintain control over all activities
related to the authorized use set out in Article 1.3 herein, at all times during the term of this agreement.
A.9 EDT Support
Each of the parties hereto shall:
· designate herein a service co-ordinator who shall be responsible for all issues and communications with the
other related to EDT;
· designate herein a technical advisor who shall be the primary contact for technical communications with
the other related to EDT;
/43
- 11 -
· inform the other of the names of their service c<Hlrdinator and technical advisor in the space provided herein
before any requests for Information Products are made as authorized by this Agreement; and
.promptly inform the other when another individual is assigned to either of these positions.
Additional support personnel may be designated by mutual agreement.
A.IO Authorization
Each party shall establish such systems or methods of controlling the transmission of its documents as it
considers appropriate, and warrants that each document of which it is the sender is duly authorized and
binding upon it.
A.II Incomplete, Inaccurate or Corrupted Reqpests for Information Products via EDT
If the Ministry reasonably suspects that a request for Information Products via EDT is incomplete, inaccurate,
corrupted in transmission, or not intended for it, it shall not respond to the request, pending further
clarification by the Municipality. The Municipality shall promptly re-transmitthe request to access and
obtain the Information Product or take such other corrective actions as may reasonably be required in the
circumstance. All communications initiated pursuant to this Article are at the expense of the Municipality.
A.l2 Security
The Municipality shall ensure that each employee, representative, or agent has a user identification number
(called a "USERID") and a security code to make requests for and receive Information Products under this
Agreement. Requests for Information Products which contain a USERID and a security code shall be legally
sufficient to verify the identity of the Municipality and the authenticity of the request. The Municipality
shall maintain security procedures to prevent unauthorized use of disclosure of USE RID's.
A.l3 EDT Failure
If requests for Information Products or Information Products cannot be sent by EDT because of some failure,
both parties agree to attempt to continue. normal communications by alternate means and to restore the EDT
transmissions promptly.
A.14 Access
Under normal conditions, it is anticipated that EDT may be accessed 24 hours per day, 7 days per week.
A.15 EDT - Immediate:
Subject to Article A.16 and A.17 herein, it is estimated that 90% of requests for Information Products shall
be processed and transmitted to the Municipality within 15 seconds ofreceiving the request for Information
Products from the Municipality.
A.16 EDT - Immediate Batch:
An Immediate Batch Transaction means between 2 and 100 requests for Information Products contained in
one batch transaction that is received by the Ministry. It is expected, but not guaranteed, that 90% of
Immediate Batch Transactions shall be processed and transmitted to the Municipality within I hour of
receiving the request from the Municipality.
A.17 EDT - Over Night Batch:
An Over Night Batch Transaction means more than 100 requests for Information Products contained in one
batch transaction that is received by the Ministry. It is expected, but not guaranteed, that Over Night Batch
Transactions shall be processed and transmitted to the Municipality the following business day from the day
that they are received by the Ministry.
Electronic Data Transfer Analvsts - EDT HelD Desk
EDT Technical Advisor (Ministry) Telephone number: (416) 235-1366 or 1-800-461-5538
Coordinator, Business Information Services
EDT Service Coordinator (Ministry) Telephone number: (416) 235-4832
EDT Technical Advisor (Municipality) Telephone Number:
EDT Service Coordinator (Municipality) Telephone number: (
/44
-12-
The Municipality requests that Information Products be transmitted by Electronic
Data Transmission (EDn and agrees to be bound by the terms and conditions
prescribed hereof.
Name
Title
Date
MAGNETIC TAPE OR DISKETTE
A.IS Magnetic Tape or Diskette
The Municipality shall access the Ministry's Information Products by submitting a magnetic tape or diskette
to the Ministry in the format prescribed by the Ministry.
A.19 Provision ofInformation Products
Upon receipt of the magnetic tape or diskette, the Ministry shall provide Information Products to the
Municipality on the magnetic tape or diskette.
The Municipality requests that Information Products be transmitted by Magnetic Tape
or Diskette and agrees to be bound by the terms and conditions prescribed, hereof.
Name
Title
Date
PAPER FORMAT
A.20 Written Request
The Municipality shall access the Ministry's Information Products by submitting a written request to the
Ministry by fax or by mail.
A.21 Provision of Information Products
Upon receipt of the written request, the Ministry shall provide Information Products to the Municipality by
printing the Information Products onto paper, and transmitting the Information Products by mail.
The Municipality requests that Information Products be transmitted in Paper Format
and agrees to be bound by the terms and conditions prescribed hereof.
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Title
Date
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- 16.
SCHEDULE "E"
Government Requester Employer\Employee Security Statement
Employee Name:
Division:
Position #:
~
Municipality of Clarington, hereinafter referred to as the Municipality, is licensed to
receive confidential and personal information from data bases administered by the
Ontario Ministry of Transportation (hereinafter referred to as the Ministry). The
Municipality and the Ministry are committed to protect this information from
unauthorized access, use or disclosure. The foDowing policies have been adopted to
address employees'/agents' responsibilities for handling and protecting this
information.
1. As an employee of the Municipality, you may access information only when
necessary to perform work assigned by a supervisor in the course of your
employment. You must not access or use the information from any Ministry
file or database for personal reasons. (Examples of inappropriate access or
misuse of information include, but are not limited to: making inquiries for
personal use or processing transactions on your own records or those of your
friends or relatives; accessing information about another person, including
locating their residence address, for any reason for which it is not related to
your work responsibilities or authorized by your supervisor.)
2. You may disclose information from a Ministry database or file only to
individuals who have been authorized to receive it through appropriate
procedures which have been authorized by the Ministry. (Examples of
unauthorized disclosures include but are not limited to: looking up someone's
address for a friend.)
I have read and I understand the security policies stated above, and will comply
with them and any other security policies issued in the future by the Ministry or the
Municipality. I understand that failure to comply with these policies may result in
disciplinary action and/or civil or criminal prosecution in accordance with
applicable statutes.
Signature of Employee
Date
Witnessed By
Date
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