HomeMy WebLinkAboutK2042 - BLS City of Auburn - Signed by CityTHIS CONTRACT is made between the Washington State Department of Revenue ("DOR") and City
of Auburn ("Contractor") the party whose name appears below, and is effective as of the date set
forth below.
CONTRACTOR NAME
DOR DIVISION/SECTION
Taxpayer Services/Partnership Services
DOR Contract Number: K2042
Department of
Revenue
BUSINESS LICENSING
SERVICES AGREEMENT
Contractor Contract Number.-
umber:Revenue
Washington State
CONTRACTOR ADDRESS I Street
THIS CONTRACT is made between the Washington State Department of Revenue ("DOR") and City
of Auburn ("Contractor") the party whose name appears below, and is effective as of the date set
forth below.
CONTRACTOR NAME
DOR DIVISION/SECTION
Taxpayer Services/Partnership Services
CONTRACTOR DOING BUSINESS AS (DBA)
City of Auburn
PRINTED NAME AND TITLE
City of Auburn
Katie Early, BLS Partnership Services Manager
CONTRACTOR ADDRESS I Street
City
State
Zip Code
25 W Main St
(360) 705-6777
Auburn
WA
98001
CONTRACTOR CONTACT/TITLE
CONTRACTOR TELEPHONECONTRACTOR
EMAIL ADDRESS
Tina Kriss, Business Licensing Manager
(253)876-1923
TKriss@auburnwa.gov
DOR PROGRAM
Business Licensing Services
DOR DIVISION/SECTION
Taxpayer Services/Partnership Services
DOR CONTACT NAME AND TITLE
DOR CONTACT ADDRESS
PRINTED NAME AND TITLE
Department of Revenue
Katie Early, BLS Partnership Services Manager
Attn: Business Licensing Service
PO Box 47478
Olympia, WA 98504-7478
DOR CONTACT TELEPHONE
DOR CONTACT EMAIL ADDRESS
(360) 705-6777
DORBLSPARTNERQDOR.WA.GOV
CONTRACT START DATE I CONTRACT END DATE
Date of Last Signature When Terminated in Writing
By Both Parties
PURPOSE OF CONTRACT:
This Contract includes all terms and conditions for DOR and Contractor to govern Contractor's partnering with
DOR to have business licenses issued, and renewed, if the city requires renewal, through the business
licensing service in accordance with Chapter 19.02 RCW.
The parties signing below warrant that they have read and understand this Contract, and have authority to
execute this Contract. This Contract will be binding on DOR only upon signature by DOR.
C0NTRACIO.R-81,G ATURE
PRINTED NAME AND TITLE
Jeff Tate, Director Community Development
DATE SIGNED
2- AL2
DOR SltrNATURE
PRINTED NAME AND TITLE
DATE SIGNED
Digitally signed by Fairchild, Sandi
Fairchild, Sandi Date: 2022.01.2311:46:11-08'00'
Sandi Fairchild, Chief Financial Officer
Rev 10/12/19
TABLE OF CONTENTS
PURPOSE.............................................................................................................................................4
1. DEFINITIONS..................................................................................................................................4
2. SPECIAL TERMS AND CONDITIONS............................................................................................6
2.1 PERFORMANCE EXPECTATIONS........................................................................................6
2.2 TERM......................................................................................................................................7
2.3 COMPENSATION...................................................................................................................8
2.4 CONTRACTOR and DOR CONTRACT MANAGERS............................................................8
2.5 LEGAL NOTICES....................................................................................................................9
2.6 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE ...........................10
2.7 INSURANCE.........................................................................................................................10
3. GENERAL TERMS AND CONDITIONS........................................................................................10
3.1
ACCESS TO DATA...............................................................................................................10
3.2
ADVANCE PAYMENT PROHIBITED....................................................................................11
3.3
AMENDMENTS.....................................................................................................................11
3.4
ASSIGNMENT.......................................................................................................................11
3.5
ATTORNEYS' FEES.............................................................................................................11
3.6
CONFIDENTIAL INFORMATION PROTECTION.................................................................11
3.7
CONFIDENTIAL INFORMATION BREACH - REQUIRED NOTIFICATION ........................12
3.8
CONTRACTOR'S PROPRIETARY INFORMATION
.............................................................12
3.9
DISPUTES............................................................................................................................13
3.10
ENTIRE AGREEMENT.........................................................................................................13
3.11
FORCE MAJEURE................................................................................................................14
3.12
FUNDING WITHDRAWN, REDUCED OR LIMITED
.............................................................14
3.13
GOVERNING LAW................................................................................................................15
3.14
DOR NETWORK SECURITY................................................................................................15
3.15
INDEMNIFICATION..............................................................................................................15
3.16
NO THIRD -PARTY BENEFICIARIES...................................................................................15
3.17
NONDISCRIMINATION.........................................................................................................15
3.18
OVERPAYMENTS TO CONTRACTOR................................................................................16
3.19
PAY EQUITY.........................................................................................................................16
3.20
RECORDS AND DOCUMENTS REVIEW............................................................................16
3.21
REMEDIES NON-EXCLUSIVE.............................................................................................17
3.22
RIGHT OF INSPECTION......................................................................................................17
Washington
State 2
Department of Revenue
DOR Contract #K2042
3.23 RIGHTS IN DATA/OWNERSHIP...........................................................................
3.24 RIGHTS OF STATE AND FEDERAL GOVERNMENTS ........................................
3.25 SEVERABILITY......................................................................................................
3.26 SUBCONTRACTING..............................................................................................
3.27 SURVIVAL.............................................................................................................
3.28 TERMINATION.......................................................................................................
3.29 WAIVER.................................................................................................................
3.30 WARRANTIES.......................................................................................................
Attachments
Attachment 1: RCW 35.90.020
Attachment 2: Confidential Information Security Requirements
Washington State 3
Department of Revenue DOR Contract #K2042
Contract #K2041 Business Licensing Services
Purpose
The purpose of this Contract is to establish the terms under which the Washington State
Department of Revenue' (hereinafter- referred -to as "DOR") Business Licensing Service -
(hereinafter referred to as "BLS") program will act as the City of Auburn's (hereinafter referred to
- - _ - as -"Contractor") Agent for the purpose of collecting,-processing-,-and-disbursing-information,- - - - -
licenses, and fees related to Contractor's ability to collect licensing fees, collection and
distribution of information based on Contractor's regulatory authority as a City or Town within
the state of Washington.
Contractor shall retain its regulatory authority over its business, licensing and other regulatory
activities, except as expressly delegated to DOR in accordance with this Contract and RCW
35.09.020. A copy of Chapter 35.090.020 RCW is attached hereto as Attachment 1.
NOW THEREFORE, DOR and Contractor enter into this Contract, the terms and conditions of
which will govern Contractor's partnering with DOR to have business licenses issued, and
renewed, if the city requires renewal, through the Business Licensing Service in accordance
with Chapter 1902 RCW
IN CONSIDERATION of the mutual promises as set forth in this Contract, the parties agree as
follows:
1. DEFINITIONS
"Agent" means an entity used for the purpose of collecting, processing, and disbursing
information, licenses, and fees.
"Authorized Representative" means a person to whom signature authority has been
delegated in writing acting within the limits of his/her authority.
The "State Business Licensing Service" or "BLS program" means the program,
administered by DOR. Chapter 35.90.20 RCW requires any Washington state municipality not
under contract with the FileLocal service for local business licensing by June 30, 2020, will
contract with the BLS program by December 31, 2022 if it continues to issue general business
licenses.. DOR will facilitate for contractors the issuance and renewal of municipal
government general business licenses, collection and distribution of licensing fees, and
collection and distribution of business information.
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Department of Revenue DOR Contract #K2042
"Breach" means the unauthorized acquisition, access, use, or disclosure of Confidential
Information that compromises the security, confidentiality, or integrity of the Confidential
Information.
"Confidential Information" means information that may be exempt from disclosure to the
public or other unauthorized persons under chapter 42.56 RCW or other state or federal
statutes or regulations. Confidential Information includes, but is not limited to, any information
identifiable to an individual that relates to a natural person, finances, education, business, use
or receipt of governmental services, names, addresses, telephone numbers, social security
numbers, driver license numbers, financial profiles, credit card numbers, financial identifiers
and any other identifying numbers, law enforcement records, DOR's source code or object
code, or DOR or State security information.
"Contract" means this Contract document and all schedules, exhibits, attachments,
incorporated documents and amendments.
"Contractor" means the City of Auburn, its employees and agents. Contractor includes any
firm, provider, organization, individual or other entity performing services under this Contract. It
also includes any Subcontractor retained by Contractor as permitted under the terms of this
Contract.
"Data" means information produced, furnished, acquired, or used by Contractor in meeting
requirements under this Contract.
"Effective Date" means the first date this Contract is in full force and effect. It may be a
specific date agreed to by the parties; or, if not so specified, the date of the last signature of a
party to this Contract.
"DOR Contract Manager" means the individual identified on the cover page of this Contract
who will provide oversight of the Contractor's activities conducted under this Contract.
"Department of Revenue" or "DOR" or "Revenue" means the Washington State Department
of Revenue, any division, section, office, unit or other entity of DOR, or any of the officers or
other officials lawfully representing DOR.
"Overpayment" means any payment or benefit to the Contractor in excess of that to which the
Contractor is entitled by law, rule, or this Contract, including amounts in dispute.
"RCW" means the Revised Code of Washington. All references in this Contract to RCW
chapters or sections include any successor, amended, or replacement statute. Pertinent RCW
chapters can be accessed at:.http://apps.leg.wa.gov/rcw/.
"Subcontractor" means a person or entity that is not in the employment of the Contractor,
who is performing all or part of the business activities under this Contract under a separate
contract with Contractor. The term "Subcontractor" means subcontractor(s) of any tier.
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Department of Revenue DOR Contract #K2042
"WAC" means the Washington Administrative Code. All references to WAC chapters or
sections will include any successor, amended, or replacement regulation. Pertinent WACs may
be accessed at: hftp://app.leg.wa.gov/wac/.
2. SPECIAL TERMS AND CONDITIONS
2.1 PERFORMANCE EXPECTATIONS
2.1.1 Contractor will, within the time period requested by DOR, provide DOR with all
Business Requirements and licensing information required to implement
Contractor's participation in the BLS program.
2.1.2 DOR will request Contractor's Business Requirements directly by communicating
with the Contractor's Contract Manager.
2.1.3 DOR will request Contractor's licensing information through the use of the License
file format found on the DOR website at hftps://dor.wa.gov/doing-
business/business-licensing-service-and-local-licensing page. This request will be
sent directly to Contractor's Contract Manager, or their designee.
2.1.4 All non-public, confidential business and/or confidential taxpayer information and
data transferred between the parties is required to be encrypted by password
protection or a secure file transfer process requiring a user ID and hardened
passwords shall not be shared in the same message as any file containing non-
public or confidential data.
2.1.5 Contractor agrees, completion and remittance to DOR of all of the following
documents are requirements for Contractor's participation in the BLS program:
o DOR's Business License Application and/or City Addendum;
o The "Business License" document for proof of licensure under Contractor's
licensing or regulatory program; and
o The Unified Business Identifier (UBI) number to identify licensees and license
accounts in all communications with Revenue.
2.1.6 Contractor will obtain and maintain, at no cost to DOR, all necessary equipment and
online services required to support Contractor's access into and use of the BLS
Database.
2.1.7 End-to-end testing will take place until such time as DOR is satisfied with the receipt
and delivery of information. End to end testing includes testing all newly configured
Contractor business requirements into DOR's ATLAS system.
2.1.8 Contractor is required to have their licensing and information technology staff
available during the first six (6) months of testing to respond to DOR. Contractor's
staff assigned to assist DOR must be knowledgeable of Contractor's operations
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Department of Revenue DOR Contract #K2042
and/or technology and be able to assist DOR staff with process improvements
and/or troubleshooting. All Contractor's technology staff will be required to be
subject matter experts in Contractor's technology. Additionally, Contractor's staff
shall have the ability to make decisions on technical determinations as well as be
available via email, telephone, and will take part in business meetings, when
required, with DOR.
2.1.9 Contractor agrees to have staff available for training sessions, set to occur
approximately six months prior to Contractor's assigned go -live date.
2.1.10 In accordance with RCW 35.90.070, Contractor agrees any general business
license change enacted by Contractor, whose general business license is issued
BLS, takes effect no sooner than seventy-five (75) days after DOR receives notice
of the change, if the change affects in any way, who must obtain a license, who is
exempt from obtaining a license, or the amount or method of determining any fee
for the issuance or renewal of a license
2. 1.11 Contractor will provide DOR with all statistical data associated with this Contract.
The statistical data will include, but not be limited to, the following data elements:
o Full -Time Equivalent (FTE) savings
o Change in number of Contractor issued licensees
o Any changes in Contractor's revenue flow
2.1.12 Expected performance under this Contract includes, but is not limited to, the
following:
Knowledge of applicable state and federal laws and regulations pertaining to
subject of the Contract;
ii. Collaboration with DOR staff in Contractor's conduct of the services;
iii. Conformance with DOR directions regarding the delivery of the services;
iv. Protection of all Confidential Information and Data; and
V. Timely, accurate and informed communications between the parties.
2.2 TERM
2.2.1 The initial term of the Contract will commence on the date of last signature, and
continue unless terminated as provided herein.
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Department of Revenue . DOR Contract #K2042
2.3 COMPENSATION
DOR's services, as identified in this Contract, are provided at no charge to Contractor, with the
following exceptions:
2.3.1 Contractor shall reimburse DOR the actual costs of developing and producing any
and all ad hoc informational reports. Ad hoc reports will be created only if requested
by the Contractor and agreed-upon by DOR.
2.3.2 Contractor is required to reimburse DOR for all expenses relating to the
implementation of any changes, outside of the standard BLS program, if requested
by the Contractor and agreed-upon by Revenue. Any said changes to the BLS
program shall be in writing, amended by mutual written agreement of the Parties.
Such amendments will not be binding unless they are in writing and signed by
personnel authorized to bind each party as outlined in section 4.3 of this Contract.
2.3.3 DOR will not charge any fees associated with a standard, initial BLS project
coordination and implementation. Any and all costs incurred by DOR or Contractor,
including any and all travel related expenses, shall be absorbed by the respective
party.
2.3.4 If DOR and/or Contractor agree to pay any travel -related expenses through an
Amendment of this Contract, any and all day-to-day expenses related to
performance under the Contract, including but not limited to travel, lodging, meals,
and incidentals must be authorized in writing, in advance, by the DOR and
reimbursement will be at rates not to exceed the then -current rules, regulations, and
guidelines for Washington state employees published by the state Office of
Financial Management in the state Administrative and Accounting Manual
(hftp://www.ofm.wa.gov/policy/10.htm); reimbursement will not exceed expenses
actually incurred.
To receive reimbursement, Contractor will be required to provide a detailed
breakdown of authorized expenses and receipts for any and all expenses.
2.4 CONTRACTOR AND DOR CONTRACT MANAGERS
2.4.1 Contractor's Contract Manager will have prime responsibility and final authority for
the services provided under this Contract and be the principal point of contact for
DOR's Contract Manager for all business matters, performance matters, and
administrative activities.
2.4.2 DOR's Contract Manager is responsible for monitoring the Contractor's
performance and will be the contact person for all communications regarding
contract performance and deliverables. The DOR Contract Manager has the
authority to accept or reject the services provided and must approve the
Contractor's invoices prior to payment.
Washington State 8
Department of Revenue DOR Contract #K2042
2.4.3 The contact information provided below may be changed by written notice of the
change (email acceptable) to the other party.
Contractor
Contract Manager Information
Department of Revenue
Contract Manager Information
Name:
Tina Kriss
Name:
Katie Early
Title:
Business Licensing Manager
Title:
BLS Partnership Services
Manager
Phone:
(253)876-1923
Phone:
(360) 705-6607
Email:
TKriss@auburnwa.gov
Email:
KatieE@DOR.WA.GOV
2.5 LEGAL NOTICES
Any notice, demand or other communication required or permitted to be given under this
Contract or applicable law is effective only if it is in writing and signed by the applicable
party, properly addressed, and delivered in person, via email, or by a recognized courier
service, or deposited with the United States Postal Service as first-class mail, postage
prepaid certified mail, return receipt requested, to the parties at the addresses provided in
this section.
2.5.1 In the case of notice to the Contractor:
City of Auburn
Attn: Tina Kriss, Business Licensing Manager
25 W Main St
Auburn, WA 98001
2.5.2 In the case of notice to DOR:
Attention: Procurement & Contracts Manager
Department of Revenue
Business & Financial Services
Post Office Box 47462
Olympia, WA 98504-7462
2.5.3 Notices are effective upon receipt or four (4) Business Days after mailing, whichever
is earlier.
2.5.4 The notice address and information provided above may be changed by written
notice of the change given as provided above.
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Department of Revenue DOR Contract #K2042
2.6 INCORPORATION OF DOCUMENTS AND ORDER OF PRECEDENCE
Each of the documents listed below is by this reference incorporated into this Contract. In
the event of an inconsistency, the inconsistency will be resolved in the following order of
precedence:
2.6.1 Applicable Federal and State of Washington statutes and regulations, including
RCW 30.90.020 attached hereto as Attachment 1;
2.6.2 Data Share Agreement K#2042;
2.6.3 Recitals;
2.6.4 Special Terms and Conditions;
2.6.5 General Terms and Conditions;
2.6.6 Attachment 2: Confidential Information Security Requirements; and
2.6.7 Any other provision, term or material incorporated herein by reference or otherwise
incorporated.
2.7 INSURANCE
Contractor certifies that it is self-insured, is a member of a risk pool, or maintains the types
and amounts of insurance identified above and will provide certificates of insurance to that
effect to DOR upon request.
Upon request, Contractor must submit to DOR a certificate of insurance that outlines the
coverage and limits defined in the Insurance section. If a certificate of insurance is
requested, Contractor must submit renewal certificates as appropriate during the term of
the contract.
The policy must be maintained for the term of this Contract and three (3) years following its
termination.
3. GENERAL TERMS AND CONDITIONS
3.1 ACCESS TO DATA
In compliance with RCW 39.26.180(2) and federal rules, the Contractor must provide
access to any data generated under this Contract to DOR, the Joint Legislative Audit and
Review Committee, the State Auditor, and any other state or federal officials so authorized
by law, rule, regulation, or agreement at no additional cost. This includes access to all
information that supports the findings, conclusions, and recommendations of the
Contractor's reports, including computer models and methodology for those models.
Washington State 10
Department of Revenue DOR Contract #K2042
3.2 ADVANCE PAYMENT PROHIBITED
No advance payment will be made for services furnished by the Contractor pursuant to
this Contract.
3.3 AMENDMENTS
This Contract may be amended by mutual agreement of the parties. Such amendments
will not be binding unless they are in writing and signed by personnel authorized to bind
each of the parties.
3.4 ASSIGNMENT
3.4.1 Contractor may not assign or transfer all or any portion of this Contract or any of its
rights hereunder, or delegate any of its duties hereunder, except delegations as set
forth in Section 3.29, Subcontracting, without the prior written consent of DOR. Any
permitted assignment will not operate to relieve Contractor of any of its duties and
obligations hereunder, nor will such assignment affect any remedies available to
DOR that may arise from any breach of the provisions of this Contract or warranties
made herein, including but not limited to, rights of setoff. Any attempted assignment,
transfer or delegation in contravention of this Subsection 3.4.1 of the Contract will
be null and void.
3.4.2 DOR may assign this Contract to any public agency, commission, board, or the like,
within the political boundaries of the State of Washington, with written notice of thirty
(30) calendar days to Contractor.
3.5 ATTORNEYS' FEES
In the event of litigation or other action brought to enforce the terms of this Contract, each
party agrees to bear its own attorneys' fees and costs.
3.6 CONFIDENTIAL INFORMATION PROTECTION
3.6.1 Contractor acknowledges that some of the material and information that may come
into its possession or knowledge in connection with this Contract or its performance
may consist of Confidential Information. Contractor agrees to hold Confidential
Information in strictest confidence and not to make use of Confidential Information
for any purpose other than the performance of this Contract, to release it only to
authorized employees or Subcontractors requiring such information for the
purposes of carrying out this Contract, and not to release, divulge, publish, transfer,
sell, disclose, or otherwise make the information known to any other party without
DOR's express written consent or as provided by law. Contractor agrees to
implement physical, electronic, and managerial safeguards to prevent unauthorized
access to Confidential Information (See Attachment 2: Confidential Information
Security Requirements).
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Department of Revenue DOR Contract #K2042
3.6.2 DOR reserves the right to monitor, audit, or investigate the use of Confidential
Information collected, used, or acquired by Contractor through this Contract.
Violation of this section by Contractor or its Subcontractors may result in termination
of this Contract and demand for return of all Confidential Information, monetary
damages, or penalties.
3.6.3 The obligations set forth in this Section will survive completion, cancellation,
expiration, or termination of this Contract.
3.7 CONFIDENTIAL INFORMATION BREACH — REQUIRED NOTIFICATION
3.7.1 Contractor must notify the DOR Procurement and Contracts Manager at
LoriG(c�dor.wa.gov or a proxy designated by BLS Partnership Services Manager
within five (5) Business Days of discovery of any Breach or suspected Breach of
Confidential Information.
3.7.2 Contractor will take steps necessary to mitigate any known harmful effects of such
unauthorized access including, but not limited to, sanctioning employees and taking
steps necessary to stop further unauthorized access. Contractor agrees to
indemnify and hold DOR harmless for any damages related to unauthorized use or
disclosure of Confidential Information by Contractor, its officers, directors,
employees, Subcontractors or agents.
3.7.3 Any breach of this clause may result in termination of the Contract and the demand
for return or disposition (Attachment 2, Section 6) of all Confidential Information.
3.7.4 Contractor's obligations regarding Breach notification survive the termination of this
Contract and continue for as long as Contractor maintains the Confidential
Information and for any breach or possible breach at any time.
3.8 CONTRACTOR'S PROPRIETARY INFORMATION
Contractor acknowledges that DOR is subject to Chapter 42.56 RCW, the Public Records
Act, and that this Contract will be a public record as defined in Chapter 42.56 RCW. Any
specific information that is claimed by Contractor to be Proprietary Information must be
clearly identified as such by Contractor. To the extent consistent with Chapter 42.56 RCW,
DOR will maintain the confidentiality of Contractor's information in its possession that is
marked Proprietary. If a public disclosure request is made to view Contractor's Proprietary
Information, DOR will notify Contractor of the request and of the date that such records will
be released to the requester unless Contractor obtains a court order from a court of
competent jurisdiction enjoining that disclosure. If Contractor fails to obtain the court order
enjoining disclosure, DOR will release the requested information on the date specified.
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Department of Revenue DOR Contract #K2042
3.9 DISPUTES
The parties will use their best, good faith efforts to cooperatively resolve disputes and
problems that arise in connection with this Contract. Both parties will continue without
delay to carry out their respective responsibilities under this Contract while attempting to
resolve any dispute. When a genuine dispute arises between DOR and the Contractor
regarding the terms of this Contract or the responsibilities imposed herein and it cannot be
resolved between the parties' Contract Managers, either party may initiate the following
dispute resolution process.
3.9.1 The initiating party will reduce its description of the dispute to writing and deliver it to
the responding party (email acceptable). The responding party will respond in
writing within five (5) Business Days (email acceptable). If the initiating party is not
satisfied with the response of the responding party, the initiating party may request
that the DOR Director review the dispute. Any such request from the initiating party
must be submitted in writing to the DOR Director within five (5) Business Days after
receiving the response of the responding party. The DOR Director will have sole
discretion in determining the procedural manner in which he or she will review the
dispute. The DOR Director will inform the parties in writing within five (5) Business
Days of the procedural manner in which he or she will review the dispute, including
a timeframe in which he or she will issue a written decision.
3.9.2 A party's request for a dispute resolution must:
3.9.2.1 Be in writing;
3.9.2.2 Include a written description of the dispute;
3.9.2.3 State the relative positions of the parties and the remedy sought;
3.9.2.4 State the Contract Number and the names and contact information for the
parties;
3.9.3 This dispute resolution process constitutes the sole administrative remedy available
under this Contract. The parties agree that this resolution process will precede any
action in a judicial or quasi-judicial tribunal.
3.10 ENTIRE AGREEMENT
DOR and Contractor agree that the Contract is the complete and exclusive statement of
the agreement between the parties relating to the subject matter of the Contract and
supersedes all letters of intent or prior contracts, oral or written, between the parties
relating to the subject matter of the Contract, except as provided in Section 3.30
Warranties.
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Department of Revenue DOR Contract #K2042
3.11 FORCE MAJEURE
A party will not be liable for any failure of or delay in the performance of this Contract for
the period that such failure or delay is due to causes beyond its reasonable control,
including but not limited to acts of God, war, strikes or labor disputes, embargoes,
government orders or any other force majeure event.
3.12 FUNDING WITHDRAWN, REDUCED OR LIMITED
- - - - - -- -If-DOR-determines; in itssolediscretion-that-the funds -it relied upon to -establish -this _ -
Contract have been withdrawn, reduced or limited, or if additional or modified conditions
are placed on such funding after the effective date of this contract but prior to the normal
completion of this Contract, then DOR, at its sole discretion, may:
3.12,1 Terminate this Contract pursuant to Section 3.28.3, Termination for Non -Allocation
of Funds;
3,12.2 Renegotiate the Contract under the revised funding conditions; or
3.12.3 Suspend Contractor's performance under the Contract upon five (5) Business Days'
advance written notice to Contractor. DOR will use this option only when DOR
determines that there is reasonable likelihood that the funding insufficiency may be
resolved in a timeframe that would allow Contractor's performance to be resumed
prior to the normal completion date of this Contract.
3.12.3.1 During the period of suspension of performance, each party will inform
the other of any conditions that may reasonably affect the potential for
resumption of performance.
3.12.3.2 When DOR determines in its sole discretion that the funding insufficiency
is resolved, it will give Contractor written notice to resume performance.
Upon the receipt of this notice, Contractor will provide written notice to
DOR informing DOR whether it can resume performance and, if so, the
date of resumption. For purposes of this subsection, "written notice" may
include email.
3.12,3.3 If the Contractor's proposed resumption date is not acceptable to DOR
and an acceptable date cannot be negotiated, DOR may terminate the
contract by giving written notice to Contractor. The parties agree that the
Contract will be terminated retroactive to the date of the notice of
suspension. DOR will be liable only for payment in accordance with the
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Department of Revenue DOR Contract #K2042
terms of this Contract for services rendered prior to the retroactive date of
termination.
3.13 GOVERNING LAW
This Contract is governed in all respects by the laws of the state of Washington, without
reference to conflict of law principles. The jurisdiction for any action hereunder is
exclusively in the Superior Court for the state of Washington, and the venue of any action
hereunder is in the Superior Court for Thurston County, Washington. Nothing in this
Contract will be construed as a waiver by DOR of the State's immunity under the 11th
Amendment to the United States Constitution.
3.14 DOR NETWORK SECURITY
Contractor agrees not to attach any Contractor supplied computers, peripherals or
software to the DOR Network without prior written authorization from DOR's Chief
Information Officer. Unauthorized access to DOR networks and systems is a violation of
DOR Policy and constitutes computer trespass in the first degree pursuant to Chapter
9A.90.040 RCW. Violation of any of these laws or policies could result in termination of the
contract and other penalties.
Contractor will have access to the DOR visitor or Guest Wi-Fi Internet connection while on
site if available at the DOR office(s).
3.15 INDEMNIFICATION
Contractor must defend, indemnify, and save DOR harmless from and against all claims,
including reasonable attorneys' fees resulting from such claims, for any or all injuries to
persons or damage to property, or Breach of its confidentiality and notification obligations
under Section 3.6 Confidential Information Protection arising from intentional or negligent
acts or omissions of Contractor, its officers, employees, or agents, or Subcontractors, their
officers, employees, or agents, in the performance of this Contract.
3.16 NO THIRD -PARTY BENEFICIARIES
DOR and Contractor are the only parties to this contract. Nothing in this Contract gives or
is intended to give any benefit of this Contract to any third parties.
3.17 NONDISCRIMINATION
During the performance of this Contract, the Contractor must comply with all federal and
state nondiscrimination laws, regulations and policies, including but not limited to: Title VII
of the Civil Rights Act, 42 U.S.C. §12101 et seq.; the Americans with Disabilities Act of
1990 (ADA), 42 U.S.C. §12101 et seq., 28 CFR Part 35; and Title 49.60 RCW,
Washington Law Against Discrimination. In the event of Contractor's noncompliance or
refusal to comply with any nondiscrimination law, regulation or policy, this Contract may be
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Department of Revenue DOR Contract #K2042
rescinded, cancelled, or terminated in whole or in part under the Termination for Default
sections, and Contractor may be declared ineligible for further contracts with DOR.
3.18 OVERPAYMENTS TO CONTRACTOR
In the event that overpayments or erroneous payments have been made to the Contractor
under this Contract, DOR will provide written notice to Contractor and Contractor will
refund the full amount to DOR within thirty (30) calendar days of the notice. If Contractor
fails to make timely refund, DOR may charge Contractor one percent (1 %) per month on
- - - - -the-amount-due; untilpaid-full.-If the -Contractor- disagrees -with- DOR's-actions-under this-
section,
his section, then it may invoke the dispute resolution provisions of Section 3.9 Disputes.
3.19 PAY EQUITY
3.19.1 Contractor represents and warrants that, as required by Washington state law
(Laws of 2017, Chap. 1, § 213), during the term of this Contract, it agrees to
equality among its workers by ensuring similarly employed individuals are
compensated as equals. For purposes of this provision, employees are similarly
employed if (i) the individuals work for Contractor, (ii) the performance of the job
requires comparable skill, effort, and responsibility, and (iii) the jobs are performed
under similar working conditions. Job titles alone are not determinative of whether
employees are similarly employed.
3.19.2 Contractor may allow differentials in compensation for its workers based in good
faith on any of the following: (i) a seniority system; (ii) a merit system; (iii) a system
that measures earnings by quantity or quality of production; (iv) bona fide job-
related factor(s); or (v) a bona fide regional difference in compensation levels.
3.19.3 "Bona fide job-related factor(s)" may include, but not be limited to,
education, training, or experience, that is: (i) consistent with business necessity; (ii)
not based on or derived from a gender-based differential; and (iii) accounts for the
entire differential.
3.19.4 A "bona fide regional difference in compensation level" must be (i) consistent with
business necessity; (ii) not based on or derived from a gender-based differential;
and (iii) account for the entire differential.
3.19.5 Notwithstanding any provision to the contrary, upon breach of warranty and
Contractor's failure to provide satisfactory evidence of compliance within thirty (30)
Days of DOB's request for such evidence, DOR may suspend or terminate this
Contract.
3.20 RECORDS AND DOCUMENTS REVIEW
3.20.1 The Contractor must maintain books, records, documents, magnetic media,
receipts, invoices or other evidence relating to this Contract and the performance of
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the services rendered, along with accounting procedures and practices, all of which
sufficiently and properly reflect all direct and indirect costs of any nature expended
in the performance of this Contract. At no additional cost, these records, including
materials generated under this Contract, are subject at all reasonable times to
inspection, review, or audit by DOR, the Office of the State Auditor, and state and
federal officials so authorized by law, rule, regulation, or agreement [See 42 USC
1396a(a)(27)(B); 42 USC 1396a(a)(37)(B); 42 USC 1396a(a)(42(A); 42 CFR 431,
Subpart Q; and 42 CFR 447.202].
3.20.2 The Contractor must retain such records for a period of six (6) years after the date
of final payment under this Contract.
3.20.3 If any litigation, claim or audit is started before the expiration of the six (6) year
period, the records must be retained until all litigation, claims, or audit findings
involving the records have been resolved.
3.21 REMEDIES NON-EXCLUSIVE
The remedies provided in this Contract are not exclusive, but are in addition to all other
remedies available under law.
3.22 RIGHT OF INSPECTION
The Contractor must provide right of access to its facilities to DOR, or any of its officers, or
to any other authorized agent or official of the state of Washington or the federal
government, at all reasonable times, in order to monitor and evaluate performance,
compliance, and/or quality assurance under this Contract.
3.23 RIGHTS IN DATA/OWNERSHIP
3.23.1 DOR and Contractor agree that all data and work products (collectively "Work
Product") produced and transferred to Contractor pursuant to this Contract will be
considered a work for hire under the U.S. Copyright Act, 17 U.S.C. §101 et seq, and
will be owned exclusively by DOR.
3.23.2 Contractor will not use or in any manner disseminate any Work Product to any third
party, or represent in any way Contractor ownership of any Work Product, without
the prior written permission of DOR. Contractor will take all reasonable steps
necessary to ensure that its agents, employees, or Subcontractors will not copy,
share, sell, disclose, transmit, disseminate or use any part or portion of DOR's Work
Product, or any portion thereof, in any form, to any third party.
3.24 RIGHTS OF STATE AND FEDERAL GOVERNMENTS
In accordance with 45 C.F.R. 95.617, all appropriate state and federal agencies, will have
a royalty -free, nonexclusive, and irrevocable license to reproduce, publish, translate, or
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otherwise use, and to authorize others to use for Federal Government purposes: (i)
software, modifications, and documentation designed, developed or installed with Federal
Financial Participation (FFP) under 45 CFR Part 95, subpart F; (ii) the Custom Software
and modifications of the Custom Software, and associated Documentation designed,
developed, or installed with FFP under this Contract; (iii) the copyright in any work
developed under this Contract; and (iv) any rights of copyright to which Contractor
purchases ownership under this Contract.
3.25 SEVERABILITY
If any provision of this Contract or the application thereof to any person(s) or
circumstances is held invalid, such invalidity will not affect the other provisions or
applications of this Contract that can be given effect without the invalid provision, and to
this end the provisions or application of this Contract are declared severable.
3.26 SUBCONTRACTING
3.26.1 Neither Contractor, nor any Subcontractors, may enter into subcontracts for any of
the work contemplated under this Contract without prior written approval of DOR.
DOR has sole discretion to determine whether or not to approve any such
subcontract. In no event will the existence of the subcontract operate to release or
reduce the liability of Contractor to DOR for any breach in the performance of
Contractor's duties.
3.26.2 Contractor is responsible for ensuring all terms, conditions, assurances and
certifications set forth in this Contract are included in any subcontracts.
3.26.3 The rejection or approval by the DOR of any Subcontractor or the termination of a
Subcontractor will not relieve Contractor of any of its responsibilities under the
Contract, nor be the basis for additional charges to DOR.
3.26.4 DOR has no contractual obligations to any Subcontractor or vendor under contract
to the Contractor. Contractor is fully responsible for all contractual obligations,
financial or otherwise, to its Subcontractors.
3.27 SURVIVAL
The terms and conditions contained in this Contract that, by their sense and context, are
intended to survive the completion, cancellation, termination, or expiration of the Contract
will survive. In addition, the terms of the sections titled Confidential Information Protection,
Confidential Information Breach — Required Notification, Contractor's Proprietary
Information, Disputes, Overpayments to Contractor, Publicity, Records and Documents
Review, Rights in Data/Ownership, and Rights of State and Federal Governments will
survive the termination of this Contract. The right of DOR to recover any overpayments
will also survive the termination of this Contract.
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3.28 TERMINATION
3.28.1 TERMINATION FOR DEFAULT
In the event DOR determines that Contractor has failed to comply with the terms
and conditions of this Contract, DOR has the right to suspend or terminate this
Contract. DOR will notify Contractor in writing of the need to take corrective action.
If corrective action is not taken within five (5) Business Days, or other time period
agreed to in writing by both parties, the Contract may be terminated. DOR reserves
the right to suspend all or part of the Contract, or prohibit Contractor from incurring
additional obligations of funds during investigation of the alleged compliance
breach and pending corrective action by Contractor or a decision by DOR to
terminate the Contract.
In the event of termination for default, Contractor will be liable for damages as
authorized by law including, but not limited to, any cost difference between the
original Contract and the replacement or cover Contract and all administrative
costs directly related to the replacement Contract, e.g., cost of the competitive
bidding, mailing, advertising, and staff time.
If it is determined that Contractor: (i) was not in default, or (ii) its failure to perform
was outside of its control, fault or negligence, the termination will be deemed a
"Termination for Convenience."
3.28.2 TERMINATION FOR CONVENIENCE
When, at DOB's sole discretion, it is in the best interest of the State, DOR may
terminate this Contract in whole or in part by providing ten (10) calendar days'
written notice. If this Contract is so terminated, DOR will be liable only for payment
in accordance with the terms of this Contract for services rendered prior to the
effective date of termination. No penalty will accrue to DOR in the event the
termination option in this section is exercised.
3.28.3 TERMINATION FOR NONALLOCATION OF FUNDS
If funds are not allocated to continue this Contract in any future period, DOR may
immediately terminate this Contract by providing written notice to the Contractor.
The termination will be effective on the date specified in the termination notice.
DOR will be Liable only for payment in accordance with the terms of this Contract
for services rendered prior to the effective date of termination. DOR agrees to
notify Contractor of such nonallocation at the earliest possible time. No penalty will
accrue to DOR in the event the termination option in this section is exercised.
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3.28.4 TERMINATION FOR WITHDRAWAL OF AUTHORITY
In the event that the authority of DOR to perform any of its duties is withdrawn,
reduced, or limited in any way after the commencement of this Contract and prior
to normal completion, DOR may immediately terminate this Contract by providing
written notice to the Contractor. The termination will be effective on the date
specified in the termination notice. DOR will be liable only for payment in
accordance with the terms of this Contract for services rendered prior to the
effective date of termination. DOR agrees to notify Contractor of such withdrawal of
-authority at the earliest possible -time. -No- penalty will -accrue -to -DOR -in -the -event - - - - - -
the termination option in this section is exercised.
3.28.5 TERMINATION FOR CONFLICT OF INTEREST
DOR may terminate this Contract by written notice to the Contractor if DOR
determines, after due notice and examination, that there is a violation of the Ethics
in Public Service Act, Chapter 42.52 RCW, or any other laws regarding ethics in
public acquisitions and procurement and performance of contracts. In the event
this Contract is so terminated, DOR will be entitled to pursue the same remedies
against the Contractor as it could pursue in the event Contractor breaches the
contract.
3.29 WAIVER
Waiver of any breach of any term or condition of this Contract will not be deemed a waiver
of any prior or subsequent breach or default. No term or condition of this Contract will be
held to be waived, modified, or deleted except by a written instrument signed by the
parties. Only the DOR Authorized Representative has the authority to waive any term or
condition of this Contract on behalf of DOR.
3.30 WARRANTIES
3.30.1 Contractor represents and warrants that it will perform all services pursuant to this
Contract in a professional manner and with high quality and will immediately re-
perform any services that are not in compliance with this representation and
warranty at no cost to DOR.
3.30.2 Contractor represents and warrants that it will comply with all applicable local, State,
and federal licensing, accreditation and registration requirements and standards
necessary in the performance of the Services,
3.30.3 Any written commitment by Contractor within the scope of this Contract will be
binding upon Contractor. Failure of Contractor to fulfill such a commitment may
constitute breach and will render Contractor liable for damages under the terms of
this Contract. For purposes of this section, a commitment by Contractor includes:
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Department of Revenue DOR Contract #K2042
(i) Prices, discounts, and options committed to remain in force over a specified
period of time; and (ii) any warranty or representation made by Contractor to DOR
or contained in any Contractor publications, or descriptions of services in written or
other communication medium, used to influence DOR to enter into this Contract.
[Remainder of Page Intentionally Left Blank]
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Department of Revenue DOR Contract #K2042
Attachment 1
RCW 35.90.020
RCW 35.90.020
Licensing as partnership with department—Partnership priority—Biennial plan—Exception—
Report.
(1) Except as otherwise provided in subsection (7) of this section, a city that requires a general
business license of any person that engages in business activities within that city must partner with
the department to have such license issued, and renewed if the city requires renewal, through the
business licensing service in accordance with chapter 19.02 RCW.
(a) Except as otherwise provided in subsection (3) of this section, the department must phase
in the issuance and renewal of general business licenses of cities that required a general
business license as of July 1, 2017, and are not already partnering with the department, as
follows:
(i) Between January 1, 2018, and December 31, 2021, the department must partner
with at least six cities per year;
(ii) Between January 1, 2022, and December 31, 2027, the department must partner
with the remaining cities; or
(iii) Between July 1, 2017 and December 31, 2022, the department must partner with
all cities requiring a general business license if specific funding for the purposes of this
subsection [(1)(a)](iii) is appropriated in the omnibus appropriations act.
(b) A city that imposes a general business license requirement and does not partner with the
department as of January 1, 2018, may continue to issue and renew its general business
licenses until the city partners with the department as provided in subsection (4) of this
section.
(2) (a) A city that did not require a general business license as of July 1, 2017, but imposes a new
general business license requirement after that date must advise the department in writing of
its intent to do so at least ninety days before the requirement takes effect.
(b) If a city subject to (a) of this subsection (2) imposes a new general business license
requirement after July 1, 2017, the department, in its sole discretion, may adjust resources to
partner with the imposing city as of the date that the new general business licensing
requirement takes effect. If the department cannot reallocate resources, the city may issue and
renew its general business license until the department is able to partner with the city.
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Department of Revenue DOR Contract #K2042
(3) The department may delay assuming the duties of issuing and renewing general business licenses
beyond the dates provided in subsection (1)(a) of this section if:
(a) Insufficient funds are appropriated for this specific purpose;
(b) The department cannot ensure the business licensing system is adequately prepared to
handle all general business licenses due to unforeseen circumstances;
(c) The department determines that a delay is necessary to ensure that the transition to
mandatory department issuance and renewal of general business licenses is as seamless as
possible; or
(d) The department receives a written notice from a city within sixty days of the date that the
city appears on the department's biennial partnership plan, which includes an explanation of
the fiscal or technical challenges causing the city to delay joining the system. A delay under
this subsection (3)(d) may be for no more than three years.
(4) (a) In consultation with affected cities and in accordance with the priorities established in
subsection (5) of this section, the department must establish a biennial plan for partnering with
cities to assume the issuance and renewal of general business licenses as required by this
section. The plan must identify the cities that the department will partner with and the dates
targeted for the department to assume the duties of issuing and renewing general business
licenses.
(b) By January 1, 2018, and January 1st of each even -numbered year thereafter, the
department must submit the partnering plan required in (a) of this subsection (4) to the
governor; legislative fiscal committees; house local government committee; senate agriculture,
water, trade and economic development committee; senate local government committee;
affected cities; association of Washington cities; association of Washington business; national
federation of independent business; and Washington retail association.
(c) The department may, in its sole discretion, alter the plan required in (a) of this subsection
(4) with a minimum notice of thirty days to affected cities.
(5) When determining the plan to partner with cities for the issuance and renewal of general business
licenses as required in subsection (4) of this section, cities that notified the department of their wish to
partner with the department before January 1, 2017, must be allowed to partner before other cities.
(6) A city that partners with the department for the issuance and renewal of general business licenses
through the business licensing service in accordance with chapter 19.02 RCW may not issue and
renew those licenses.
(7) A city may decline to partner with the department for the issuance and renewal of a general
business license as provided in subsection (1) of this section if the city participates in the online local
business license and tax filing portal known as "FileLocal" as of July 1, 2020. For the purposes of this
subsection (7), a city is considered to be a FileLocal participant as of the date that a business may
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Department of Revenue DOR Contract #K2042
access FileLocal for purposes of applying for or renewing that city's general business license and
reporting and paying that city's local business and occupation taxes. A city that ceases participation in
FileLocal after July 1, 2020, must partner with the department for the issuance and renewal of its
general business license as provided in subsection (1) of this section.
(8) By January 1, 2019, and each January 1st thereafter through January 1, 2028, the department
must submit a progress report to the legislature. The report required by this subsection must provide
information about the progress of the department's efforts to partner with all cities that impose a
general business license requirement and include:
(a) A list of cities that have partnered with the department as required in subsection (1) of this
section;
(b) A list of cities that have not partnered with the department;
(c) A list of cities that are scheduled to partner with the department during the upcoming
calendar year;
(d) A list of cities that have declined to partner with the department as provided in subsection
(7) of this section;
(e) An explanation of lessons learned and any process efficiencies incorporated by the
department;
(f) Any recommendations to further simplify the issuance and renewal of general business
licenses by the department; and
(g) Any other information the department considers relevant.
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Department of Revenue DOR Contract #K2042
Attachment 2
Confidential Information Security Requirements
1. Definitions
In addition to the definitions set out in Section 1 of this Contract K2O42 for Business Licensing
Services, the definitions below apply to this Attachment.
"Hardened Password" means a string of characters containing at least three of the following
character classes: upper case letters; lower case letters; numerals; and special characters,
such as an asterisk, ampersand or exclamation point.
Passwords for external authentication must be a minimum of 10 characters long.
Passwords for internal authentication must be a minimum of 8 characters long.
iii. Passwords used for system service or service accounts must be a minimum of 20
characters long.
"Portable/Removable Media" means any Data storage device that can be detached or
removed from a computer and transported, including but not limited to: optical media (e.g.
CDs, DVDs); USB drives; or flash media (e.g. CompactFlash, SD, MMC).
c. "Portable/Removable Devices" means any small computing device that can be transported,
including but not limited to: hand helds/PDAs/Smartphones; Ultramobile PC's, flash memory
devices (e.g. USB flash drives, personal media players); and laptops/notebook/tablet
computers. If used to store Confidential Information, devices should be Federal Information
Processing Standards (FIPS) Level 2 compliant.
d. "Secured Area" means an area to which only Authorized Users have access. Secured Areas
may include buildings, rooms, or locked storage containers (such as a filing cabinet) within a
room, as long as access to the Confidential Information is not available to unauthorized
personnel.
e. "Transmitting" means the transferring of data electronically, such as via email, SFT, web
services, AWS Snowball, etc.
"Trusted System(s)" means the following methods of physical delivery: (1) hand -delivery by a
person authorized to have access to the Confidential Information with written
acknowledgement of receipt; (2) United States Postal Service ("USPS") first class mail, or
USPS delivery services that include Tracking, such as Certified Mail, Express Mail or
Registered Mail; (3) commercial delivery services (e.g. FedEx, UPS, DHL) which offer
tracking and receipt confirmation; and (4) the Washington State Campus mail system. For
electronic transmission, the Washington State Governmental Network (SGN) is a Trusted
System for communications within that Network.
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Department of Revenue DOR Contract #K2042
g. "Unique User ID" means a string of characters that identifies a specific user and which, in
conjunction with a password, passphrase, or other mechanism, authenticates a user to an
information system.
Confidential Information Transmitting
a. When transmitting DOR's Confidential Information electronically, including via email, the
Data must be encrypted using NIST 800 -series approved algorithms
(http://csrc.nist.gov/publications/PubsSPs.htmi). This includes transmission over the public
internet.
b. When transmitting DOR's Confidential Information via paper documents, the Receiving Party
must use a Trusted System.
3. Protection of Confidential Information
The Contractor agrees to store Confidential Information as described:
a. Data at Rest:
i. Data will be encrypted with NIST 800 -series approved algorithms. Encryption keys will
be stored and protected independently of the data. Access to the Data will be restricted
to Authorized Users through the use of access control lists, a Unique User ID, and a
Hardened Password, or other authentication mechanisms which provide equal or
greater security, such as biometrics or smart cards. Systems which contain or provide
access to Confidential Information must be located in an area that is accessible only to
authorized personnel, with access controlled through use of a key, card key,
combination lock, or comparable mechanism.
Data stored on Portable/Removable Media or Devices
• Confidential Information provided by DOR on Removable Media will be encrypted
with NIST 800 -series approved algorithms. Encryption keys will be stored and
protected independently of the Data.
• DOR's data must not be stored by the Contractor on Portable Devices or Media
unless specifically authorized within a Data Share Agreement. If so authorized, the
Receiving Party must protect the Data by:
1. Encrypting with NIST 800 -series approved algorithms. Encryption keys will
be stored and protected independently of the data;
2. Control access to the devices with a Unique User ID and Hardened
Password or stronger authentication method such as a physical token or
biometrics;
3. Keeping devices in locked storage when not in use;
4. Using check-in/check-out procedures when devices are shared;
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Department of Revenue DOR Contract #K2042
5. Maintain an inventory of devices; and
6. Ensure that when being transported outside of a Secured Area, all devices
with Data are under the physical control of an Authorized User.
b. Paper documents. Any paper records containing Confidential Information must be protected
by storing the records in a Secured Area that is accessible only to authorized personnel.
When not in use, such records must be stored in a locked container, such as a file cabinet,
locking drawer, or safe, to which only authorized persons have access.
4. Confidential Information Segregation
DOR Confidential Information received under this Agreement must be segregated or otherwise
distinguishable from non -DOR data. This is to ensure that when no longer needed by the
Contractor, all DOR Confidential Information can be identified for return or destruction. It also
aids in determining whether DOR Confidential Information has or may have been compromised
in the event of a security Breach.
a. The DOR Confidential Information must be kept in one of the following ways:
on media (e.g. hard disk, optical disc, tape, etc.) which will contain only DOR Data;
or
ii. in a logical container on electronic media, such as a partition or folder dedicated to
DOR's Data; or
iii, in a database that will contain only DOR Data; or
iv. within a database and will be distinguishable from non -DOR Data by the value of a
specific field or fields within database records; or
V. when stored as physical paper documents, physically segregated from non -DOR
Data in a drawer, folder, or other container.
When it is not feasible or practical to segregate DOR Confidential Information from non -
DOR data, then both the DOR Confidential Information and the non -DOR data with which it
is commingled must be protected as described in this Attachment.
5. Confidential Information Shared with Subcontractors
If DOR Confidential Information provided under this Agreement is to be shared with a
Subcontractor, the contract with the Subcontractor must include all of the Confidential
Information Security Requirements.
6. Confidential Information Disposition
When the Confidential Information is no longer needed, except as noted below, the Confidential
Information must be returned to DOR or destroyed. Media are to be destroyed using a method
documented within NIST 800-88 (http://csrc.nist.gov/publications/PubsSPs.html).
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Department of Revenue DOR Contract #K2042
For DOR's Confidential Information stored on network disks, deleting unneeded
Confidential Information is sufficient as long as the disks remain in a Secured Area and
otherwise meet the requirements listed in Section 3, above. Destruction of the Confidential
Information as outlined in this section of this Attachment may be deferred until the disks
are retired, replaced, or otherwise taken out of the Secured Area.
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