(c) 2003 Ostergren, P.C. (Page Format Only)
This WEB site provided for public information.
4/14/3
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Here is the 13 Page Contract between VIPNet and DGIF (The Virginia Watchdog has a "signed" copy)
INFORMATION NETWORK SERVICES AGREEMENTBetween theVIRGINIA INFORMATION PROVIDERS NETWORKAnd theVIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES
This is an agreement (the “Agreement”) between the Virginia Information Providers Network Authority (“Authority”) and the Virginia government entity identified below (“Partner”), which is entered into pursuant to § 2.2-2250(7) of the Code of Virginia. The provisions of this Agreement shall be subject to all requirements and limitations of the Virginia Information Providers Network Authority Act, § 2.2-2247 through § 2.2-2259 of the Code of Virginia, and all other applicable laws, rules, and regulations as they may be amended from time to time. The attached “Terms and Conditions” indicated below are hereby incorporated by reference into this Agreement: X ATTACHMENT A--General Terms and Conditions for Information Network Services N/A ATTACHMENT B--Terms and Conditions for Internet Web Site X ATTACHMENT C--Terms and Conditions for Special Web-Based Services The following special terms and conditions shall apply to the services delivered hereunder, provided these terms and conditions are consistent with the General Terms and Conditions: N/A. Partner: Department of Game and Inland Fisheries Commencement Date: November 21, 2002 Termination Date: August 31, 2007 Total Storage Capacity: N/A megabytes This is the complete and final expression of the parties’ agreement and can be modified only in writing signed by authorized representatives of both parties. This Agreement supersedes any existing agreements between the Partner and the Authority or VIPNet’s Network Manager executed before February 25, 1999. VIPNET AUTHORITY PARTNER By: By: Name: Nelson Worley Name: William L. Woodfin, Jr. Title: Chairperson, Board of Directors Title: Director Date: Date:
ATTACHMENT A
GENERAL TERMS AND CONDITIONS FOR INFORMATION NETWORK SERVICES These General Terms and Conditions are incorporated into the foregoing Information Network Services Agreement (the “Agreement”) between the Virginia Information Providers Network Authority (the “Authority”) and the Virginia government entity (the “Partner”) specified in the Agreement. A. This Agreement shall commence on the Commencement Date indicated in the Agreement and, unless terminated earlier as provided below, shall expire on the Termination Date specified in the Agreement. B. The day-to-day operations and activities of the Virginia Information Providers Network (VIPNet) are managed by its Network Manager, Virginia Interactive, Inc. C. The Authority and the Partner recognize that they may desire to undertake additional information service partnerships in the future, and that they do not intend for this Agreement to preclude or limit the possibility for those future endeavors. The Authority and the Partner also recognize that Internet-based information services must constantly evolve with the changing demand for such services and the introduction of new technologies. Therefore, this Agreement may be changed, modified, or amended at any time in writing, signed by authorized representatives of the Authority and the Partner. D. This Agreement may be cancelled by authorized representatives of either the Authority or the Partner at any time for perceived failure of the other party to live up to the letter and/or spirit of this Agreement. Such cancellation notice will be provided in writing and signed by an authorized representative of either the Authority or the Partner, and presented to the representative of the other partner organization executing this Agreement. The party receiving the cancellation notice from the representative of the other party will have sixty (60) days to resolve the issue(s) that prompted the desire of the other party to cancel the Agreement. If the issue(s) cannot be resolved to the mutual satisfaction of both parties within the sixty-day period the Agreement will be terminated.
ATTACHMENT CTERMS AND CONDITIONS FOR SPECIAL WEB-BASED SERVICE: ONLINE BOAT REGISTRATION DATABASE SEARCH These Terms and Conditions are incorporated into the foregoing Information Network Services Agreement (the “Agreement”) between the Virginia Information Providers Network Authority (the “Authority”) and the Virginia government entity (the “Partner”) specified in the Agreement. A. As the authorized agent of the Authority, the Network Manager of the Virginia Information Providers Network will develop for the Partner a special Wed-based service that permits authorized users to search the database of registered boats and personal watercraft and purchase downloaded records, and, in so doing, the Network Manager's staff will perform the following specific actions: 1. Develop all required screens and programming for the online searchable database service.
3. Set up an appropriate electronic file transfer mechanism to be used by the Partner to update registration information.
B. The Partner will assist in the development and promotion of the online searchable database service, and agrees to perform the following specific actions:
ADDENDUM 1 To The INFORMATION NETWORK SERVICES AGREEMENTBetween theVIRGINIA INFORMATION PROVIDERS NETWORKAnd theVIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIESREGARDING: ONLINE BOAT REGISTRATION RENEWAL A. As the authorized agent of the Authority, the Network Manager of the Virginia Information Providers Network will develop for the Agency a special Wed-based service that permits boat owners to renew their boat registration online via a secure credit card transaction, and, in so doing, the Network Manager's staff will perform the following specific actions: 1. Develop all required programming and screen designs for the online boat registration renewal form and payment transaction. 2. Coordinate the online credit card payment process and programming with the Commonwealth of Virginia’s Internet credit card processor and merchant bank, NOVA Information Systems, Inc. (NOVA). 3. On behalf of the Agency, establish the required merchant accounts with NOVA. 4. Implement appropriate Internet security mechanisms to ensure that the information is exchanged in a secure and encrypted manner. 5. Maintain the functionality of the payment service and implement technical enhancements to the service as necessary. 6. Assist the Partner in promoting the online registration renewal service. 7. Facilitate, through the Treasurer of Virginia, interagency transfer from the Authority’s account to the Partner’s account those monies due the Partner from the online registration renewal payments. 8. Provide the Partner electronic and printed accounting summaries of the payment transactions. 9. To help offset VIPNet’s costs for developing and maintaining the online registration renewal service, VIPNet will add a $1.50 convenience fee to each online transaction, to be paid by the renewing boat owner. B. The Partner will assist in the development and promotion of the online boat registration renewal service, and agrees to perform the following specific actions: Develop and maintain all required programming regarding the database for online boat registration renewals. Assist VIPNet in the testing of the online registration renewal process. Promote and encourage use of the online boat registration renewal service by boat owners through marketing and advertising efforts. Process online registration renewals once the online applications have been completed and deliver new boat registration paperwork to boat owners. Pay the credit card processing fees specified in the attached Fee Schedule A. FEE SCHEDULE A To be paid by the Partner. Credit Card Fees The Treasurer of Virginia negotiates the applicable online credit card processing fees on behalf of Commonwealth entities. The current online credit card processing fees include the following. Commonwealth of Virginia - NOVA Information Systems, Inc. Contract #CMI 01-010 Pricing Schedule Discount Rate: Swiped (Card Present) Transactions 1.51% (N/A) Keyed (Card Not Present) 1.64% Non-Qualified Transactions 2.61%
Transaction Fees: Authorizations (NOVA Network) $0.06 Authorizations (Non-Nova Network) $0.10 (N/A) Settlement $0.11 Debit Card Authorization/Settlement $0.60 (N/A) Capture Fee (Non-Visa/MasterCard) $0.09 (N/A) Non-compliance Charges (Up to 6 months) N/C Check Verification $0.22 (N/A) Chargebacks $5.00
This Pricing Schedule remains in effect until and unless modified by the Commonwealth of Virginia in its contract with the NOVA Information Systems, Inc., or another credit card merchant bank.
ADDENDUM 2 To The INFORMATION NETWORK SERVICES AGREEMENTBetween theVIRGINIA INFORMATION PROVIDERS NETWORKAnd theVIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIES
REGARDING: ONLINE SEARCHABLE HUNTING AND FISHING LICENSEE DATABASE A. As the authorized agent of the Authority, the Network Manager of the Virginia Information Providers Network will develop for the Partner a special Wed-based service that permits authorized users to search the database of hunting and fishing licensees and purchase downloaded records, and, in so doing, the Network Manager's staff will perform the following specific actions: 1. Develop all required programming and screen designs for the online searchable database service. 2. Implement appropriate Internet security via passwords to ensure proper posting, viewing and editing of information by only those individuals authorized to access the information. 3. Implement appropriate mechanisms to ensure that all information and data is exchanged over the Internet in a secure, encrypted manner. 4. Set up an appropriate electronic file transfer mechanism to be used by the Partner to update registration information. 5. Ensure that the Network Manager does not aggregate independent sources of information to which it has access, including the Partner’s data, for the purpose of building comprehensive data records about citizens. 6. Host and maintain the functionality of the searchable database service and implement technical enhancements to the service as necessary. 7. Assist the Partner in promoting the searchable database service. 8. Be responsible for billing Subscribers, collection of payments from Subscribers, and remittance of appropriate fees, if any, to the Department. 9. Facilitate, through the Treasurer of Virginia, interagency transfer from the Authority’s account to the Partner’s account those monies due the Partner from the searchable database service. 10. Provide the Partner electronic and printed accounting summaries of the payment transactions. B. The Partner will assist in the development and promotion of the online searchable database service, and agrees to perform the following specific actions: 1. Develop and maintain the hunting and fishing license database, inclusive only of licenses sold via electronic means, for use with the service. 2. Provide the Network Manager with detailed requirements for the development of the service and all data and information related to those requirements in a timely manner. 3. Provide the Network Manager appropriate guidance on design considerations for the service, assist the Network Manager in testing the service, and respond to requests for feedback about the functionality of the service in a timely manner. 4. Make reasonable efforts to promote and encourage the use of the service. 5. Make reasonable efforts to ensure that the service(s) developed by the Network Manager's staff, including programming and graphical development information, will only be used for appropriate and reasonable official business requirements of the Partner. 6. Respond in a timely manner to any comments or questions that the Network Manager’s staff receives regarding the Partner’s service that the Network Manager’s staff is not qualified to answer. 7. In order to help recover the costs associated with developing and maintaining the interactive service, the Partner agrees to share the revenue generated by the searchable database service pursuant to the following fee schedule:
(This fee schedule may be amended based upon future market analysis and adoption
of the service.) ADDENDUM 3 To The INFORMATION NETWORK SERVICES AGREEMENTBetween theVIRGINIA INFORMATION PROVIDERS NETWORKAnd theVIRGINIA DEPARTMENT OF GAME AND INLAND FISHERIESREGARDING: ONLINE HUNTING AND FISHING LICENSE PURCHASES A. As the authorized agent of the Authority, the Network Manager of the Virginia Information Providers Network will develop for the Agency a special Wed-based service that permits customers to purchase hunting and fishing licenses online via a secure credit card transaction, and, in so doing, the Network Manager's staff will perform the following specific actions: 1. Develop all required programming and screen designs for the online hunting and fishing license application form and payment transaction. 2. Implement appropriate Internet security mechanisms to ensure that the information is exchanged in a secure and encrypted manner. 3. Maintain the functionality of the payment service and implement technical enhancements to the service as necessary. 4. Assist the Partner in promoting the online hunting and fishing licensing service. 5. Facilitate, through the Treasurer of Virginia, interagency transfer from the Authority’s account to the Partner’s account the full net amount of each license and privilege sold as specified in the Code of Virginia, regardless of the amount charged the purchaser or credit card fees incurred. 6. Provide the Partner electronic and printed accounting summaries of the payment transactions. 7. To help offset VIPNet’s costs for developing and maintaining the online licensing service, VIPNet will add a $2.00 convenience fee to each online transaction, to be paid by the customer. (VIPNet reserves the right to adjust this fee as needed and within reason to compensate for changing fulfillment costs.) 8. Cost of the license to the purchaser must be represented as no more than the amount specified in the Code plus the then current agent fee (currently $.50). Network manager will retain any agent fee collected.
B. The Partner will assist in the development and promotion of the online hunting and fishing licensing service, and agrees to perform the following specific actions:1. Appoint the Network Manager as an Agent of the Department to sell hunting and fishing licenses on our behalf in accordance with Section 29.1-327 of the Code of Virginia.
2.
Develop and maintain all required programming regarding the database for
the online service.
4.
Provide the Network Manager appropriate guidance on design and graphical
considerations for the service.
6.
Promote and encourage use of the service through marketing and
advertising efforts.
7.
Respond in a timely manner to any comments or questions that the Network
Manager’s staff receives regarding the Partner’s service that the Network
Manager’s staff is not qualified to answer.
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(c) 2003 Ostergren, P.C. (Page Format Only)