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.
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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
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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
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DATE OF REQ(EST
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REQUES RS MAILING�RESS (Number, alroet• clp,,sate, ziP)
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STATE NE PURPOSE FOR WHICH THIS INFORMATION WLL BE USED.
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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.
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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.
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SIGNATURE FOR AUTHORIZATION FOR RELEASE OF REIXTROS
DATE
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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.
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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