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HomeMy WebLinkAbout2001-162 THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2001- 162 being a by-law to authorize the execution of an agreement between the Corporation of the Municipality of Clarington and Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation, for the Electronic Transfer of Vehicle Registration Data THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON HEREBY ENACTS AS FOLLOWS: 1. THAT the Mayor and Municipal Clerk are hereby authorized to execute, on behalf of the Corporation of the Municipality of Clarington with the Corporate Seal, an agreement between Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation and said Corporation; and 2. THAT this agreement attached hereto as Schedule "A" form part of this By-law. By-law read a first and second time this 10th day of September 2001. By-law read a third time and finally passed this 10th day of September 2001. Joh u ton, Mayor . nicipal Clerk r THIS AGREEMENT MADE IN DUPLICATE THE FIRST DAY OF JULY,1998. GOVERNMENT AUTHORIZED REQUESTER AGREEMENT THIS AGREEMENT made BETWEEN: Her Majesty the Queen in Right of the Province of Ontario as represented by the Minister of Transportation, (hereinafter referred to as the"Ministry"), -and- 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 holders 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 hereby agree as follows: 1.0 Grant of licence 1.1 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 right,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 (1)Authorized 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 shall 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 has statutory authority under the Municipal Freedom of Information and Protection of Privacy Act for accessing the personal information contained in the Information Products. -2- 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 defined in sub-section 2(1) of the Freedom of Information and Protection of Privacy Act(R.S.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 parldng infraction notices and certificates prescribed by Part H of the Provincial Offences Act or the regulations made thereunder that were issued by the Municipality on or after July 1, 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 of Information Products The Ministry shall transmit Information Products to the Municipality in the manner prescribed in Schedule "A", and such transmission shall be subject to any conditions prescribed therein. Schedule "A"is incorporated into,forms a part of and is subject to the terms and conditions of this Agreement. t -3- 4.0 Fees & Charges 4.1 Payment of Amounts (1) The Municipality shall pay the Ministry the following amounts for accessing the Ministry's Information Products: (a) $8.25 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 Act); (b) subject to clause (2) herein, $8.25 of every allowance of$9.00 that the Municipality receives for each fine 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 under the Provincial Offences Act). (2) Where the Municipality receives an allowance of less than $9.00 as authorized by subsection 12.1(1)of O.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$0.75,up to the amount of$8.25. 4.2 Method and Timing 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 day 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(s)by cheque to the Ministry which shall be received by the Ministry within(30)days after the date of execution of this agreement,and shall contain data corresponding to the period(s)July 1, 1998 to March 31, 1999 and from April 1, 1999 to March 31, 2000, respectively subsequent annual reports shall be remitted to, and shall be received by the Ministry on or before April 15 for each year that the agreement is in effect,and shall contain the data corresponding to the previous fiscal year(defined as from April 1 to March 31). Each report shall include a payment in the amount prescribed under Article 4.1 herein. The payment that is remitted shall be the amount owing to the Ministry that was incurred for the period of each corresponding report. 4.4 Payment Information Any payments owing to the Ministry under this Agreement or the Schedules made hereunder shall be made payable to the Minister of Finance/MTO.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 Reporting 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 remitted 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. -4- 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 terrns 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 1, 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 1 to March 31). 5.3 Ministry Reports (1)The Ministry shall duly complete and send an annual report to the Municipality as prescribed in Schedule"Y',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 ls` of each year that the Agreement is in effect,and the data contained in each report shall correspond to the previous fiscal year(defined as from April 1 to March 31),except for the first annual report which shall correspond to the period from July 1, 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 Records 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 "B", "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) Patti L. Barrie, Municipal Clerk (Telephone Number) ( 903 623 - 3379, Ext. 254 5.6 Conflict 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 9.10 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. -5- 6.0. Security and Audit 6.1 Security (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. (b) The Municipality is responsible for the selection, implementation, and maintenance of 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 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 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 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 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 ceases to be an employee of the Municipality. (d) Subject to the authorized use as set out in Article 1.3 herein, any duplication of address information shall be placed so that the information cannot be viewed by the public and/or non-authorized persons. (e) If the Municipality is approved to receive residential addresses,the Municipality may only disclose residential address information subject to the provisions of the Municipal Freedom of Information and Protection of Privacy Act (R-S.0 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(1)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 and/or criminal remedies for default of the Agreement provisions. 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 fulfil 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 hereof which 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 of the 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. -7- 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 of liability 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 of business 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. -8- 9.11 Notices Except where otherwise 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 Information Services Tel: (416)235-4832 Fax: (416)2354465 To the Municipality: Municipality of Clarington 40 Temperance Street Bowmanville ON L1C 3A6 Attention: Len Creamer Sr. Municipal Law Enforcement Officer Tel: (905) 623 -3379, Ext. 325 Fax: (905 ) 623 -6506 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. -9- 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. I Ministry of Transportati^Official censing and Control Date Municipality of Clarington Name John Mutton Title Municipal Clerk Da-e l .rte Dat -10- SCHEDULE W: TRANSMISSION OF INFORMATION PRODUCTS A.1 Transmission of Information Products 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. A.4 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 this 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 tl?e 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 shall 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 terns and conditions of this Agreement. A.8 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; - 11- .inform the other of the names of their service co-ordinator 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 A.10 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.11 Incomplete,Inaccurate or Corrupted Requests 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-transmit the 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.12 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 USERID's. A.13 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 of receiving 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 1 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 Analysts-EDT Help Desk EDT Technical Advisor(Ministry)Telephone number:(416)235-1366 or 1-800461-5538 Coordinator,Business Information Services EDT Service Coordinator(Ministry) Telephone number: (416)235-4832 Robert VanDyk EDT Technical Advisor(Municipality) Telephone Number: (905 ) 623 - 3379, Ext. 362 Robert VanDyk EDT Service Coordinator(Municipality) Telephone number: (905 )623 - 3379, Ext. 362 -12- The Municipality requests that Information Products be transmitted by Electronic Data Transmission (EDT) and agrees to be bound by the to d conditions prescribed hereoL Name Jon Mutton Aame--92rfT'L-7 Barrie Title Mayor h�,k17, 2�© Date MAGNETIC TAPE OR DISKETTE A.18 Magnetic Tape or Diskette Title Municipal Clerk Date 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 of Information 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. �1 Jon Mutton ame Title Mayor Dater PAPER FORMAT A.20 Written Request Title Municipal Clerk X11 c 12 . Date 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 trap tte4 in Paper Format and agree t be bound by the terms and conditions prescri d h r f Name ohn Mutton ame z Barrie Title Mayor Title Municipal Clerk Date Date - 13- SCHEDULE "B":MONTHLY REPORT SCHEDULE "B" - MONTHLY REPORT"B" - MONTHLY Municipality Monthly Court Cost Payment Report to Ministry of TransportationMunicipality Monthly Court Cost Payment Report Ministry of Transportation Municipality Municipality Reporting Period (vvvv/mm/dd) to (vvvv/mm/dd) Customer(POA)A/C No. Payment Categories No.of Fully Paid Tickets Issued ' unicip lity Servi Fe To al Amo nt R fitted to Ministry "Deemed Not to Dispute" (Article 4.1 (1)b of the (1) (2) Authorized Requester Agreement) "Fail to Respond" (payment received after Notice of (4) (5) (6) Fine and Due Date but before plate denial) This is$. 5 times box(4) This is$8.25 times box(4) (Article 4.1 (1)a of the Authorized Reque r Agreement) "Fail to Respond" eceive after ate vial) (8) (9) (Article 4.1(1) of the Author ed er This is$.75 times ox(7) This is$8.25 times box(7) Agreement talc: 0) (11) (12) Amnnnt of ChPmiP attaphpd ten (Cheque iv c h ssue i L, � Signature of Treasurer or Chief Financial Officerof Treasurer or Chief Financial Officer t:onanions• Please make cheques payable to Minister of Finance/Ministry of Transportation. These cost payments are collected by the municipalities and fowarded to the Ministry of Transportation under the authority of POA Regulations 945 and 949 and the Government Authorized Requester Agreement between the municinalitv and Ministry of Transnortation. Ministry of Transportation Licensing Administration Office Attn:Supervisor,Data Access&Control Unit 2680 Keele Street Downsview ON M3M 3E6 i SCHEDULE "C" - ANNUAL REPORTSCHEDULE "C" - ANNUAL REPORT Annual Program Performance Statistics from Municipality to Ministry of Transportation Anmial Program Performance Statistics from Municinality to Ministry of Transnortation Reporting Period (vvvv/mm/dd) to (vvvv/mm/dd) Name of municipality: Customer A/C No: Stages Data Requested volurm Parking Infraction Notices Issued Number of Parking Infraction Notices Issued' Total Number Elected Trial 2 Number Attended Number Failed to Show Up Number Paid Prior to NIC Notice of Impending Conviction(NIC) Number of NIC Issued Number of Tickets Paid After NIC Issued Notice of Fine and Due Date(NFDD) Number of NFDD Issued Number of Tickets Paid After NFDD . ,Lied b fore Plate Deni 1 Total Amount Paid After NF I ued but Before Pla e Denial($) Plate Denial Number of Tickets R Lilting in late Denial Numb ickets Pa d%v/Plate ,,al otal Amount aid w) Plate Ren wal(I Total Amount d1utstar ding at PI ite,Der ial S Outstanding m er of lie is R eiyitag P rtial P yrnent NW6crof Out tandi g Tickets Due to Extension Nun er of Outfandir g'I ickets Due to ther sons Sto pedka celled um er of Tic is Stopped /-G celled R opening N iberof Tick is of -opening i A1 P—CPTlt t- Minktry of Trnnannrtntinn i.icensina Administration Office Attn:Sunervisor.Data Access&Control i Jnit 2680 Keele Street Downsview ON MW 3F.6 7 I For the first annual report (1998/99) , this represents number of tickets issued from July 1, 1998 to March 31, 1999. Subsequent years are from April 1 till March 31. 2 Data required for this row and below will be referring to all tickets issued from July 1, 1998 onwards till the end of the reporting year. Month April May June July August September October November Decemb Ja ry Fe ruary' March at Totals SCHEDULE D - MINISTRY REPORT SCHEDULE D - MINISTRY REPORT Annual Report from Ministry of Transportation to N Name of municipality: Customer A/C No: Total Amount Remitted to Ministry from - Number Of Plate Enquiries Requested By The Municipality Pursuant to Agreement Certified -16- SCHEDULE "E" Government Requester Employer\Employee Security Statement Employee Name: Division: Position #: Municipality of Clarington, hereinafter referred to as the Municipality,is authorized 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 following 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 Witnessed By Date Date !, - 16- SCHEDULE "E" Government Requester EmployerlEmployee Security Statement Employee Name: Division: Position #: �L�O Municipality of Clarington, hereinafter referred to as the Municipality, is authorized 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 following 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. ignature of Employee Da / ff4# - 16- SCHEDULE °E" Government Requester Employer\Employee Security Statement Employee Name: Division: ,V Position #: 4419 /;�?G(!!�-C -- Municipality of Clarington, hereinafter referred to as the Municipality, is authorized 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 following 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. Sienature of Emnlovee ./�I r_�1,�►��%�,rii'i - 16- SCHEDULE "E" Government Requester EmployerlEmployee Security Statement Employee Name: Division: _ �ZiJ�a C Position #:/7244LI-1d � Municipality of Clarington, hereinafter referred to as the Municipality, is authorized 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 following 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 By -!s A7 � Dad 2 Date -16- SCHEDULE "E" Government Requester EmployerlEmployee Security Statement Employee Name: �C UE���E i%%9iNGUJ� Division: Position #: z2 . Municipality of Clarington, hereinafter referred to as the Municipality, is authorized 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 following 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. ._,..►,!411A.-.A _ , Date