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HomeMy WebLinkAboutR-1995-008 Agreement with Department of LicensingRESOLUTION NO. R-95- 8 A RESOLUTION authorizing the execution of a contract with the Washington State Department of Licensing for the provision of access to vehicle and vessel record information, including descriptions and ownerships. WHEREAS, the City of Yakima requires information on vehicle registration and ownership for its parking infraction collection efforts; and WHEREAS, the Department of Licensing requires the City to enter into the attached and incorporated contract in order for the City to be assigned an access code allowing routine access to those records; and WHEREAS, the Washington State Department of Licensing is the only state agency which will allow Parking Enforcement access to those records; and WHEREAS, the City Council deems it to be in the best interest of the City to contract for such service consistent with the terms and conditions in the attached agreement, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute an agreement with the Washington State Department of Licensing for the purpose mentioned above, a true copy of which agreement entitled, "Agreement Between Washington State Department of Licensing and City of Yakima," is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 1 Oth day of January , 1995. c:a±" ,>Zeyz., "'- Mayor ATTEST: (1s)res/dol.jw AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF LICENSING AND CITY OF YAKIMA Control No. QSR3 - 95,2 /41q Date: July 29, 1994 THIS AGREEMENT is made and entered into by and between the WASHINGTON STATE DEPARTMENT OF LICENSING, hereinafter referred to as 'DOL', 210 11th Avenue Southwest, Olympia, Washington and CITY OF YAKIMA, hereinafter referred to as CITY, 129 N 2nd St, Yakima WA 98901. This is a reimbursable services agreement to provide public record information pursuant to RCW 46.12.370, RCW 46.12.380, RCW 42.17.260, WAC 308-93-087, and chapter 308-10 WAC. This agreement supersedes any previous agreement to provide public record information as set forth herein, known or unknown, made between DOL and CITY. Section 1. PURPOSE: DOL has established systems for disclosing vehicle and vessel record information, including descriptions and ownerships, for inspection and copying as provided in chapters 42.17 RCW, 46.12 RCW, 308-10 WAC, and 308-93 WAC, from its offices in Olympia, Washington. This agreement provides the terms and conditions under which such information is provided for inspection and copying. Section 2. SPECIFIC SERVICE: DOL shall disclose vehicle and vessel records for inspection and copying when requested by CITY in writing, telephonic, and in person at DOL vehicle licensing counter Olympia, Washington. Each request for disclosure shall be accompanied by CITY's unique account code assigned by DOL and furnished under separate cover. The access code is a secured code for use by CITY and CITY employees only. CITY shall take all steps necessary to ensure the account code is accessible and used only by authorized personnel. Any use of the assigned account code by persons other than employees of CITY is grounds for immediate termination of this agreement as provided in Section 7.1 herein. CITY may use any or all of the following options to request vehicle/vessel record inspection or copies: OPTION 1. VehicleNessel Information Processing System (VIPS) which is fully described, with instruction for use, by DOL under separate cover. Individual record information may be provided as authorized in RCW 46.12.380 and WAC 308-93-087. This option provides voice only inspection of the vehicle or vessel record requested. No payment is required for inspection of records pursuant to this option. CITY CONTRACT NO. Gi a OPTION 2. OPTION 3. OPTION 4. Public telephone communication directly with DOL. Individual records may be inspected as authorized in RCW 46.12.380 and WAC 308-93-087. This option provides for DOL staff to inspect and voice relay the record information and when requested to provide a print or photocopy of the record requested. Payment is required for a DOL produced print or photocopy of the record as provided in Section 4 herein. In-person visit to DOL vehicle/vessel licensing office, Olympia, Washington. Microfiche and computer records may be viewed on display screens. Individual records may be inspected and hand copied as authorized in RCW 46.12.380 and WAC 308-93-087. Copies of records may be reproduced on DOL provided equipment. Records may be inspected and hand copied without charge. Payment is required for a print or photocopy of the record as provided in Section 4 herein. Written communication with DOL. Copy of individual vehicle/vessel records may be provided as authorized in RCW 46.12.380 and WAC 308-93-087. Lists of individual records may be provided as authorized in RCW 46.12.370 and RCW 42.17.260. Payment is required as provided in Section 4 herein. Section 3. CONSIDERATION: (1). CITY agrees to pay DOL a fee covering DOL's direct cost for copying records, not to exceed eighteen cents ($.18) for each photocopy, seventy five cents ($.75) for each copy of microfilm or microfiche, plus delivery costs. (2) CITY agrees to pay DOL a fee of one dollar and fifty cents ($1.50) for each certification affixed to any print or photocopy, plus delivery costs. (3) CITY agrees to pay DOL a fee covering DOL's direct cost for computer generated lists. The fee for each request shall be agreed upon prior to DOL disclosing the information. Section 4. PAYMENT OF FEES: CITY agree to make payment of all fees due pursuant to this agreement prior to or concurrent with receiving the information requested. Payment shall be made by one of the following methods: (1). CITY may provide payment with each request for disclosure of information, or (2). CITY shall provide monthly payments for the reimbursable services provided by DOL. DOL will invoice CITY and CITY agrees to pay DOL the actual amount of the previous months usage at the rates set forth in Section 3 herein. Section 5. PERIOD OF PERFORMANCE: This agreement shall commence on the date of execution by DOL, and continue until terminated by either party as provided in Section 7.1. herein or for a period of five years which ever occurs first. This agreement may be extended under written mutual consent until a new contract is executed or until termination as provided in Section 7.1. herein. This agreement is void upon formal action of the state legislature enacting statutory prohibition or failure to provide funding for the performance of the duties provided herein. Section 6. NOTICES: All notices concerning this agreement shall be sent to the parties at the addresses stated below: DOL - Contracts Licensing Services Manager, Title and Registration Services, Post Office Box 2957, M/S 48021, Olympia, Washington 98507-2957. Telephone number (206) 753-7379. CITY OF YAKIMA - CONTACT PERSON: Bert Tabayoyon TITLE/UNIT: Customer Service Manager ADDRESS: 129 N 2nd St, Yakima WA 98901 TELEPHONE NUMBER: (509) 575-6080 Section 7. GENERAL TERMS AND CONDITIONS: A. DOL shall not be liable for delays in furnishing information under this agreement nor shall DOL be liable for any errors which occur in compilation of the information, including the insertion of false names into the information for the purpose of permitting DOL to determine if CITY has abided by the terms of this agreement. B. DOL shall be prompt in furnishing information not exempt from disclosure under chapter 42.17 RCW, RCW 46.12.370, RCW 46.12.380, and WAC 308-93-087 to the extent that proper performance of its official duties and obligations is maintained. C. CITY shall not furnish to any person, association, or organization any of the information, or part thereof, obtained from DOL without prior written approval by DOL or as by this agreement provided. D. CITY shall not acquire any proprietary rights, exclusive or otherwise, to information obtained from DOL. E. CITY shall only use the information provided pursuant to this agreement for the purpose set forth in the Request for Release of Public Records Information, DOL form number 200-025, signed and dated by CITY on July 26, 1994 and attached hereto as if fully set forth herein. The information provided shall not be used by CITY or disclosed to any other person, for the purpose of making any unsolicited business contact, or for a commercial purpose unless specifically authorized or directed by law. The term "unsolicited business contact" means a contact that is intended to result in, or promote, the sale of any goods or services to a person named in the disclosed information. The term "commercial purpose" means for a profit making or intended to be a profit making activity except as provided in RCW 46.12.380. F. DOL retains the right to keep copies of the information released pursuant to this agreement in its files for its own purposes or to furnish to others. G. DOL maintains the right to increase or decrease the fees for rendering the service under this agreement. Any amendment to the fees shall be subject to a change in the agreement as provided in Section 7.L. herein. H. CITY agrees to and shall, indemnify and hold harmless DOL and DOL's director and employees, from any and all suits at law or equity, and from any and all claims, demands or loss of any nature,including but not limited to all costs and attorney fees, arising from any incorrect or improper disclosure of individual names or addresses under this agreement; any defects in any of CITY procedures followed or omitted or arising from the failure of CITY or its officers, employees, customers or agents to fulfill any of its obligations under this agreement; or arising in any manner from any negligent act or omission by CITY or its officers, employees, customers or agents. I. Any violation of the restrictions, conditions or requirements contained in this agreement constitute grounds for DOL to terminate this agreement immediately. This agreement may be terminated by either party upon giving thirty (30) days written notice to the other party; provided, either party may terminate the agreement immediately for breach by the other party of any of its obligations under the agreement. Notice of termination shall be conclusively deemed to have been delivered to, and received by, the other party as of midnight of the third day following the date of its posting in the United States mail, addressed as provided in Section 6 herein, in the absence of actual delivery to and receipt by the party by mail or other means at an earlier date and/or time. J. The remedy of termination of agreement or release of DOL from the obligations of the agreement afforded to DOL under the various provisions of this agreement shall not be deemed to be an exclusive remedy, but rather shall be in addition to all other remedies which may be available to DOL. Termination of agreement shall release DOL from any and all obligations whatever under this agreement but shall not bar DOL from pursuing any remedies which it would otherwise have against CITY. K. In the event of a dispute between the parties arising under this agreement, which the parties themselves cannot resolve, the dispute shall be referred to a disputes panel. The panel shall consist of one member appointed by the Director of DOL, one member appointed by CITY, and one member jointly selected by both parties. If the parties cannot agree upon the third member, that member shall be selected by the Governor of the State of Washington. The decision of the panel shall be final and binding upon the parties, unless the decision of the panel requires either party to perform an illegal act. In the event the panel cannot resolve a dispute, the aggrieved party may file a lawsuit. Venue of any lawsuit filed by any party against the other party arising in whole or in part out of this agreement shall be in the Superior Court for Thurston County in Olympia, Washington. L. This agreement may only be modified in writing and at the time by the mutual consent of the parties. M. Whenever a request for information provided pursuant to this agreement is granted to an attorney or private investigator, notice shall be provided by the disclosing entity, to the vehicle or vessel owner to whom the information applies, that the information has been granted. The notice shall include the name and address of the requesting party. When the disclosing entity is CITY, a copy of the notice shall be provided to DOL by U.S.Mail no later than the following business day addressed as provided in Section 6 herein. For purposes of this Section, a "private investigator" means a person Licensed as a private detective pursuant to chapter 18.165 RCW. N. During the terms of this agreement, the parties hereto agree to comply with the following nondiscrimination requirements as well as applicable federal, state and local laws and regulations governing equal employment opportunity. No party shall, on the grounds of race, color, creed, religion, sex, marital status, national origin, age sensory, mental or physical handicap or political affiliation, discriminate against or deny employment as a participant or staff person in connection with any function related to this agreement or to be performed in connection therewith. 0. In the event this agreement is terminated by either party without fault on the part of the other party, each party shall be liable for the actual cost they have incurred during their performance under this agreement and neither party shall be obligated to the other party for such cost; except that all fees owned by CITY to DOL shall continue to be due and payable as provided in Section 4 herein. P. All equipment and software furnished by DOL or by CITY shall remain the property of the furnishing party and the party shall retain full title and all rights associated with ownership. The equipment shall not become fixtures. Neither party shall encumber or permit an encumbrance upon, the other parties title to the equipment or software, or to the equipment or software itself, in any manner. O. DOL and DOL employees and agents shall perform all duties pursuant to this agreement as an independent agency from CITY and not in any manner as officers, agents or employees of CITY. All references in this agreement to DOL shall include its agents and employees. CITY shall not withhold or pay any taxes or insurance under this agreement. This provision shall not preclude DOL from representing CITY in fulfilling tasks and services specified in this agreement. R. This agreement is not assignable by either party. S. The parties agree that in no event shall the State of Washington, DOL, the Director of DOL or any DOL employee, be liable to "PURCHASER" for any damages, costs lost production, or any other loss of any kind for failure of DOL's equipment, hardware or software to perform for any reason, or for the loss of consequential damage which is the result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities, or software, power failures, nuclear accidents or other disasters. The State of Washington, DOL, the Director of DOL or any DOL employee shall not be liable for any claim of any nature against "PURCHASER" by any party arising from any failure in the service furnished by DOL under this agreement, for any errors, mistakes or acts on the part of DOL or it's agents which result in the failure to properly release vehicle/vessel title interests; for any failure of DOL's equipment or software which fails to perform for any reason or for any other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of war, epidemics, acts of fire, failure of communications or computer equipment, facilities or software, power failures, nuclear accidents or other disasters. Section 8. ENTIRE AGREEMENT: This document constitutes the entire agreement between the parties. There is no other agreement, either oral or written, upon the subject. Commitments, warranties, representations, understanding or agreements, not contained in this agreement or written amendment hereto shall not be binding on either party. Except as provided herein, no alteration of any of the terms or conditions, of this agreement will be effective without the written consent of both parties. However, this provision shall not prevent any other effective agreements between the parties which is not inconsistent with the provisions of this agreement. Section 9. DELIVERY: The service or product provided by this agreement is delivered f.o.b. DOL facilities, Olympia, Washington. Section 10. AFFIRMATION OF AGREEMENT: The parties signing below hereby affirm they have the authority to bind their respective parties to the terms and conditions of this agreement. DEPARTMENT OF LICENSING TITLE -,04yf/r•,4)54.2 DATE: %`_�b CITY OF YAKIMA TITLE: City Manager DATE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 10, 1995 ITEM TITLE: A resolution authorizing the execution of a contract with the Washington State Department of Licensing for the provision of acce4to vehicle and vessel record information, including descriptions and ownerships. SUBMITTED BY: Bert Tabayoyon, Customer Service Manager Robert Wheeler, Financial Services Manag CONTACT PERSON/TET.FPHONE: Bert Tabayoyon/575-6082 SUMMARY EXPLANATION: The City of Yakima requires access to the Department of Licensing vehicle and vessel record information, including descriptions and ownerships, for the purpose of collection efforts on unpaid parking infractions. Until recently, the Financial Services Division was able to acquire these records through the Police Department's access to the Washington State Patrol records system. However, due to disclosure regulations, Financial Services will no longer be able to access those records through the State Patrol records system. The options that remain are to either: (a) reorganize parking enforcement as an agency of the Police Department, thus making it an agency of the Police Department with access to the State Patrol records system; (b) send a records request information form to the Department of Licensing with each and every information records request; or (c) enter into the attached contract with the Washington State Department of Licensing so that the Washington State Department of Licensing will assign the City an access code. The first two options are both expensive and time-consuming. The remaining option is to accept the terms of the Department of Licensing's contract. Execution of this contract will allow the parking enforcement and collection operations of the City access to the records of the Department of Licensing. Resolution X Ordinance Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Pass resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted, Resolution No. R-95-8 (1s}agenda/dol jw -rte sr sHmacrax IiansInc REQUEST FOR RELEASE OF PUBLIC RECORD INFORMATION Ore NOTE: The Department of Licensing may impose a charge for providing copies of public records (WAC 308-10-045 and RCW 42-17.300). REQUESTERS NAME (Fleets Pekin C, 61ait.0j �L�� DATE OF REQ(EST 7/;0/95 PHONE NO. (Arse code & aurrt. (.�'y) tis= O REQUES RS MAILING�RESS (Number, alroet• clp,,sate, ziP) Ag9 A Ad S/ws 4/01. 4 i WDA fYIP/ NATURE of REQUEST (What information do ycu /7feM 1 /dri-s( Mat( , / NI/I/ /,'&/w Gni /C6t heat ; Ai / a ti d 6wy c t of 144 wl «ver Cx. . STATE NE PURPOSE FOR WHICH THIS INFORMATION WLL BE USED. (EXPLAIN: what ilia lion; wfw will use it; when it wit bo wad; how and oiler° 1 wa be ossa.) fir 7€ aase ce'Y44 y pai"/�i � .ei troy/71;44 5ump tcl par n‘l l/fDl r-5, &&&1 AGREEMENT TO PROTECT RECORDS FROM USE FOR A COMMERCIAL PURPOSE Except as provided for in RCW 46.12.370 & 380, I hereby agree that the information provided me by the Department of Licensing shall not be used for any commercial purpose by myself or by any other individual or organization I represent and I will protect the information from access by anyone who may use it for purposes of contacting the individuals named therein or otherwise personally affecting them in the furtherance of any profit-seeking activity. I declare under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. (:L/W? ce/95/ wh If this request is from a non-profit organization or corporation, proof of non-profit status must be attached. Acceptable documents are: 1. Copy of Articles of lncorporation, filed with the Secretary of State. or 2. Copy of Tax Exempt Status from the Internal Revenue Service. 501(c)(3). or 3. Other documents (as guided by Title 26 of the Internal Revenue Code) which have been reviewed and approved by the Public Disclosure Officer. �,�� •::+:`i: /v .3: iivi: " 4C .. + �`�i�.`!} "4`f. - '.• ;;j. 1:i.. v�• - 9�� �:«:...; +.. ..,;;:• ;w :' +..;s., +,4;,::, :. ;";»e•'�: . , > - li;%-el.: ti;M�- \ :t;::2z•,.G�,,>.,-•.4:.:r.�i;4r::•:..<:$L�.{a$a•::..�..Ix•......G:.. ..,. ....c .,3��3� .......,.... --- ....a.. SIGNATURE FOR AUTHORIZATION FOR RELEASE OF REIXTROS DATE eNktPcn CHARGE FOR RECORDS FOR VEHICLENESSEL REGISTRATION RECORDS I. Is the requester: a) an attorney? Yes 0 No ►� b) a private investigator? Yes 0 No EZI c) a business entity? Yes 0 No (If yes to "c", see note "1" for acceptable proof) 1I. Are you a purchaser or prospective purchaser of this vehicle/vessel and are you requesting the narnes and addresses of previous owners? Yes 0 No O- M yes, see note "2" for acceptable verification) III. Is this request in connection with a prior business transaction? Yes 0 No If yes, type of transaction VEHICLENESSEL RECORD INFORMATION Note 1: If this request is from a business entity, verification must be attached. Acceptable documents are: 1. A copy of the requesting entity's unexpired Washington Master Business License, City or County Business License, or 2. For businesses not authorized to do business in this state, a copy of its unexpired business license issued by the out-of-state jurisdiction where the business entity is authorized to do business, or 3. Uniform Business Identifier number (UBI) or tax number on business letterhead, or 4. Copy of the current Bar Association Card issued to.attomeys. Note 2: If this request is from an individual purchaser ortransferee of a vehicle/vessel, verlication must be attached. Acceptable documents are: 1. A property released vehicle/vessel certificate of ownership, or 2..A certificate of ownership issued in the requester's name, or 3. A copy of bill of sale from the vehicle/vessel owner on record with the department, or 4. A copy of bill of sale from a person claiming to be a more recent owner than the owner of record with the department or 5. A certificate from the owner of record authorizing the release of ownership information. ,0! if, omnnnc ,, Ce, ,o„,t,u AGREEMENT BETWEEN WASHINGTON STATE DEPARTMENT OF LICENSING AND CITY OF YAKIMA Control #:95/RS/95/2149 Acct No: # 731693 Date: December 27, 1999 THIS AGREEMENT is made and entered into by and between the WASHINGTON STATE DEPARTMENT OF LICENSING, hereinafter referred to as "DOL", 1125 South Washington, Olympia, Washington and the, CITY OF YAKIMA , 129 N 2ND ST, YAKIMA WA 98901, hereinafter referred to as Purchaser. SECTION 1. PURPOSE OF AGREEMENT I. THIS AMENDMENT TO AGREEMENT is made and entered into between DOL and Purchaser, amending Section 5, Period of Performance to read: Section 5. PERIOD OF PERFORMANCE: This agreement shall commence on the date of execution by DOL, and continue until terminated by either party as provided in Section 7.I. herein or for a period of two years whichever occurs first. This agreement may be extended under written mutual consent until a new contract is executed or until termination as provided in Section 7.I. herein. This agreement is void upon formal action of the state legislature enacting statutory prohibition or failure to provide funding for the performance of the duties provided herein. II. All other provisions of the Agreement and any previous amendments executed to the Agreement remain unchanged and continue to be in full force and effect. SECTION 2 AFFIRMATION OF AGREEMENT The parties signed below hereby affirm that they have the authority to bind their respective parties to the terms and conditions of this agreement. RTMENT OF LICENSING TITLE: DATE: 00 CITY OF YAKIMA BY: / 0 1 W— TITL "HaVrt DATE: //1/0010