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HomeMy WebLinkAbout0001 �� �c�af DdcuSign�nvelope ID:A80877A6-915A-4685-AF7A-A979539F4BA2 NAfNI�GT61 f111E OV�m[R 0� CONTRACT AMENDMENT DOL Contract No.K2614 • LICENSING BETWEEN THE DEP A&jMENT OF UCENSING Amendment No. 1 AND BREMERTON TBD Amendment � nmemm�em P�apose The purpose of this amendment is to: 1. Update the DOL Contract Manager; 2. Amends Section 1 Definitions; 3. Adds Assignment Clause;artd ' 4. Update Attachment a, STATEMENT OF WORK, by replacing in its entirety with an updated version Attachment a STATEMENT OF WORK. Co�reetor . . . ntract manager a co e e ep ne E� Shannon Corin (360)473-5323 City.Clerk@ci.bremerton.wa.as Deparlment ot Llcensing(DOL) . - � Canlrad managa (Area oode)TeleD�e E-Mall Debra Dunn.Data Sharing Contraots (380)902-0136 ddunnCdldol.wa.aov Mana er AtlschmeMs(wi�en appltcablaj � This Co�tract consists cf the following attachment(s)and all document(s)incorporated herein or by reference: None � The execution of this Amendment shall constitute a rat�cation of any earlier agreement between the parties, hereto, the tertns and ccnditions of which are contained herein.The intent of the parties is that the effective date oi this Agreement shall be on the date of last signature.All other terms and conditions of the original ConVact and any subsequent amendments thereto remain in full force and eftect. The parties hereby acknowledge and accept the terms and conditions of this amendment which is executed by the persons signing below who wamant that the have the author' to execute it on behalf of DOL and the ConVactor. (�OfIV8C10T 51�181111@ DatC ned by: . D2� � ��� � � 8/18/2016 Z� 53�7087BC3EF417. PFiINT aontra Nartle Pa Lent Tamara L.Dohrman r�nnt r�e ama rme Assistant Director M r Administrative Services Division E�""�" Mayor@ci.bremerton.wa.us E�""�' hone �360)473-5266 (360}902-4044 1 �ocuSign Envelope ID:A80871A6-915A-4685-AF7A-A979539F4BA2 This CoM�t is hereby amended as follows: . Contract Management The OOL Coritrad Manager iderrtifi�on page one(1)of the original cordract is hereby updated�o the Contract Manager listed on page one(1}of this amendment. � • Section 1,DEFiNITIONS SeWon 1,DEFINTIONS.k here by amended as follows: As used throughout this Confiact the following tenns shall have the m�nings set forth betow: a. °Administrative and Collection E�enses°m�ns tl�e Dired and Indirect Cost�with the oollection of the TBO fees, induding but nct limited to ir�tormation technology services to implemerrt and support the colledion of TBD fees;aocounting for and paymeM of fees to the TBD;Contract administration;and management analysis as well as other incidental administrative overhead,and includes the oosts associated with opt�na!aocess to the Ir�temet Vehicle l�ation Processing System(MPS). It does nat include reoord inquiries by TBD(under an IVIPS corrtract). b. °Authorized User means TBD o�Cers,and employees,or any other authorized agent or off�ial af the TBD. c. 'Billing Cycle'means the annual v�hicle registration renewal. d. °Dir�t CosY'ahall include,but is not limited to,all operating�equipment and personnel costs used to fumish the infortnation,�runs and/or additional data runs,costs materials and data integrity c�osts dir�ecHy retated to . the monthly production and mairrtenance of these data files. e. °Distric�means all the territory within the boundaries of the TBD's jurisdicbon establishing�e DisVict. f. °DOL File°means the data file re�eived irom BAI�a third cartv used by DOL as the primary GIS data souroe to assess TBD fees. g. °GIS'means the Oepartrnerrt af Revenue/Geographical Iniormation System data provided to DOL by a third PertY• h. 'tndired Cost°shalf include,but is not limited b,audidng,answ+ering complairrts,oorresportdence, administrative ovefiead,building rents, r�etated utiliti�,and other expenses identified as Indirect Costs by the Di�ector of DOL. i. °Location Code'means the four digit number that comesponds to a TBD jurisdiction that is used by DOL when assessing the TBD fee.The four digit number is derived from the Decartment of Revenue's 9AG�'s safes and use tax Location Code information. j. °Next Billing Cycle°means the Billing Cycle that occurs during the 12th morrth following the cume�Billing Cycle. For example,if a renewal is sent for a due date in the mor�th of January 2014,the Next BilGng Cyde will be January 2015_ k. "RCW'means Re�rised Code of Washington: I. °Subcontractor�meana a person or entity not in the employment aF the TBD named in this Contrect,but vaho is perfortning all or Rart of th�e services outlin�in this Contract under a separate Corrtract with the TBD. The tertns"suboo�rtractor'and"subcontractors"mean subcontractor(s)in any tier. • Sectlon 16.ASSIGNAAENT Section 16,ASSIGNMENT, is hereby replaced in ihs erfirety writh the following: Pursuant to City of Br�nerton Ordinance No.5297,as of April 4,2016,the City has assumed all rights,powers,functions and obligations of the TBD • Update Attachment A,STATEMENT OF WORK,6y replacing in Its ernirsty with an updated version 2 DocuSign IEnvelope ID:A80871A6-915A�685-AF7A-A979539F4BA2 Attachment A,STATEMEN7 OF WORK. ATTACHMENT A STATEMENT OF WORK 1. FOR ADMINISTRATION AND COLLECTION OF THE VEHICLE FEE The Transportation Benefit District(TBD),or the aty/courrty if they a�legelly assigned responsibility,shall fumish the necessary personnel,equipmeM,material and/or services and othervrise do all things necessary for or incidental to the pertortnance of work as set forth betow. 2 RESPONSIBILITIES OF THE TBD The TBD shall: a. Be the primary point of cantad to respond to inquiries or disputes from cidzens who have questions about the fee. b. Handle all oontacts and/or disptrtes regarding boundaries and/or questions regard'mg the TBD or its oolle�ion of fees. c. Agr+ee that any omitted or incomecE addresses that resuR in the fee nat being charged t�the cunent&Iling Cyde will not be callected by DOL during the current cycle. DOL will char�e the fee during the Next Bitling Cyde if GIS data�updated by the data provider, DOL has a reasonable amouM of time to accc�mplish necessary oomputer changes,and the addr�ess is within the TBD boundary. d. Process and issue any refunds or ahortages that may be due. It is arrticipated that T8D refunds will be largely due to boundary disputes. e. Verify boundary information of the TBD a�inst the informa6on provided in the GIS system to ensure an address taxing Location Code is appropriately identified for fee collection. Notity DOL of any changes to initiate computer-programming updates for proper fee oollecGon. 3. RESPONSIBtLITIES OF QOL DOL shall: f. Not impose the fee for vehides as defined by law as°Not Subject"to the fee by stahite and are listed in Attgchment D, Vehides Not Su6�ect b Fee. g. Use data from the DOL File as the primary source irn�ficadon when assessing fhe fee for a�+ehicle registered within a TBD area. If the location Code is one of the TBD areas,then DOL will�ply the charge to the vehicle record. If a metch cannot be found withi�the data from the DOL File,then the customer will not � be billed the fee. DOL will not use any other data source to determine TBD fee liability. h. Administer end coltect the eppropriate annual vehicle fees of up to�'10.00 per vehicle,at tfie time o�f registration renewal,pursuaM to RCW 82.80.140. i. Not be responsible for the issuance of any r+efunds or shortages of the fee collected on behaff af TBD for boundary disputes when a customer claims they do not live in a TBD's area. j. Not be responsible or liable for any inoonrect or om"itted notices sent because TBD provided infortnation to DOL in error. k. Not make comections or issue replacement paper or electronic renewal notices. Not be obligated to recover actual or pe�ceived revenue loss of the fee due to emors from data provided to DOL for boundary discrepancies. 1. Not be responsible for inquiries and/or disputes of customers regar+ding the fees impased by the TBD,except to dired the customer to the coMad'mformation provided to DOL by the TBD. m. Provide custmners with i�ortnation on tfie DOL webpage,which indudes ooMact infonnahion for TBD. n. Provide vehicle licensing office and DOL stafE with infortnation to explain the TBD fee,wh�h indudes a list of � TBD corrtact information. o. Not be�+esponsible for the timeliness of the State Treasurer's monthly distribution of funds. � ""REAAAINDER OF THIS PAGE IS II�ltENT10NALLY LEFT BLANK""' 3 DOL Agreement No.K2614 TBD Agreement No. INTERLOCAL AGREEMENT c BETWEEN FEB 2 7 THE STATE OF WASHINGTON DEPARTMENT OF LICENSING 2O1Z AND BREMERTON TRANSPORTATION BENEFIT DISTRICT ORIGINAL Upon execution, this Agreement is entered into by and between Washington State, Department of Licensing (hereinafter called "DOL" or Department "), and Bremerton Transportation Benefit District, (hereinafter called Transportation Benefit District "TBD" or "Contractor") City of Bremerton Transportation Benefit District Telephone 360 -473 -5722 345 6 Street, Suite 600 FAX 360 -473 -5200 Bremerton, WA 98337 E -Mail Becky Hasarta -ci bremerton wa us 1 PURPOSE Engrossed Substitute House Bill 1858, Chapter 329 Laws 2007, authorizes cities to establish transportation benefit districts (TBD) for the purpose of providing and funding transportation improvements within the TBD's jurisdiction The purpose of this Agreement is to provide terms and conditions under which DOL shall administer and collect fees on behalf of the TBD as provided by Agreement, according to RCW 36 73 065, RCW 46 12, RCW 82 80 140, WAC 308 -10, Chapter 18 USC Sec 2721 - 2725 Driver Privacy Protection Act (DPPA), and Executive Order 97 -01, and all applicable laws, and under the authorization of RCW 39 34 as currently written or hereafter amended THEREFORE, IT IS MUTUALLY AGREED THAT: 2 DEFINITIONS As used throughout this Agreement the following terms shall have the meanings set forth below a. Administrative and Collection Expenses means direct and indirect costs associated with the collection of the TBD fees, including but not limited to information technology services to Implement and support the collection of TBD fees, accounting for and payment of fees to the TBD, contract administration, and management analysis as well as other incidental administrative overhead, and includes the costs associated with optional access to the Internet Vehicle Information Processing System ( IVIPS) by TBD (under IVIPS Agreement) b Authorized user means TBD officers, and employees, or any other authorized agent or official of the TBD C. Billing cycle means the annual vehicle registration renewal d. Confidential Information means information that requires protection from unauthorized physical and electronic access Confidential Information includes, but is not limited to, social security numbers, credit card information, driver license numbers, vehicle owner information, personal information, law enforcement records, agency security data, and banking profiles e Data means Information which may be confidential contained in the vehicle and /or vessel record provided to Contractor under this Agreement File Name K2614 Page 1 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No.K2614 TBD Agreement No. OQQ 1 f Data Requests means requests made for vehicle owner data provided by a Secure Data Transfer (SDT) process, and is provided under a separate agreement, not to Include use of the optional IVIPS g. Direct Cost shall Include, but is not limited to, all operating equipment and personnel costs used to furnish the Information, reruns and /or additional data runs, costs materials and data Integrity costs directly related to the monthly production and maintenance of these data files h District means all the territory within the boundaries of the TBD'slurisdiction establishing the district I. DOL File means the data file received by DOL from DOR used by DOL as the primary GIS data source to assess TBD fees j. DOR means Department of Revenue k. GIS means the Department of Revenue /Geographical Information System I Indirect Cost shall Include, but is not limited to, auditing, answering complaints, correspondence, administrative overhead, building rents, related utilities, and other expenses Identified as Indirect costs by the Director of DOL m. IVIPS means Internet Vehicle Information Processing System n. Jurisdiction location code means the four digit number that corresponds to a TBD jurisdiction that Is used by DOL when assessing the TBD fee The four digit number is derived from DOR's sales and use tax location code Information o. Next billing cycle means the billing cycle that occurs during the 12 month following the current billing cycle For example, if a renewal Is sent for a due date In the month of January 2012, the next billing cycle will be January 2013 p. Personal Information means Information Identifiable to any person, Including, but not limited to, Information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, driver license numbers, e- mail addresses, credit card Information, law enforcement records or other Identifying numbers or Protected Health Information, any financial Identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42 56 or other state and federal statutes q. Subcontractor means a person or entity not in the employ of the TBD named in this Agreement, but who is performing all or part of those services outlined in this Contract under a separate Agreement with the TBD The terms "subcontractor" and "subcontractors" mean subcontractor(s) in any tier 3 STATEMENT OF WORK The parties to this Agreement shall furnish the necessary personnel, equipment, material and /or service(s) and otherwise do all things necessary for or incidental to the exchange of data as set forth In the Statement of Work, Attachment A, Vehicles Subject to ESHB 1858, Attachment B and Vehicles Not Subject to ESHB 1858, Attachment C that are attached and Incorporated by reference 4 PERIOD OF PERFORMANCE Subject to Its other provisions, this Agreement shall begin upon the date of execution by the parties and shall extend through the life of the TBD as defined in the ordinance establishing the TBD This Agreement is subject to review by the parties every two (2) years File Name K2614 Page 2 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No K2614 TBD Agreement No. or sooner as necessary to review applicable laws changes that affect this agreement and the provision herein, or as is otherwise required herein 5. FEE COLLECTION Fee collection may not be sooner than six (6) months from the signed and dated Ordinance creating the TBD fee However, before fee collection the TBD must provide all documents necessary as directed by the department 6. PAYMENT/ REIMBURSEMENT • DOL shall deduct a percentage amount, as provided in RCW 82 80 140, of one percent (1 %) of the twenty dollar ($20 00) fee collected for administration and collection expenses incurred • DOL shall set up the Vehicle Field System (VFS) to automatically deduct one percent 1 % at the time of each transaction • The one percent (1 %) fee also includes the TBD's optional access to the IVI PS, once an IVIPS agreement is executed • DOL shall certify the release of the proceeds to the state treasurer, and the state treasurer shall distribute the proceeds to the TBD on a monthly basis depending upon their disbursement schedule • The one percent (1 %) fee is a maximum permitted by statute and is based in part upon the costs associated with implementing the administration and collection expenses for the collections for the TBD as one of the first such entities with the state to implement a license tab fee 7. RECORDS AND DOCUMENTS The parties to this Agreement shall each maintain books, records, documents and other evidence, which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein These records shall be subject to inspection, review or audit by authorized personnel of either party, the Office of the State Auditor, and other government officials so authorized by law for the period such records are required to be retained according to the Washington State Retention Schedule Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other parry are not erroneously disclosed to third parties, except as required by law 8. ASSURANCES DOL and the Contractor agree all activity pursuant to this Agreement will be in accordance with all applicable current or future federal, state and local laws, rules, and regulations 9 CONFIDENTIALITY Each party agrees to maintain the security of and protect all confidential information, data, and records provided directly or indirectly to the TBD by DOL to ensure that such information is safeguarded, used, and disclosed by the TBD in compliance with laws governing such information, data and records The TBD shall provide right of access to the department or any of its officers or agents upon reasonable notice, to inspect the system by which the TBD maintains such information Should DOL have reason to believe that the TBD is not properly safeguarding, using, or disclosing DOL records, DOL shall take the following approach Provide notice to the TBD that details each issue DOL has determined to be problematic along with a method DOL considers to be appropriate to remedy the issue, File Name K2614 Page 3 of 11 2 -1 -2012 Terms and Conditions DOL Agreement NoX2614 TBD Agreement No. OM I Provide the TBD at least thirty (30) days to cure such Issue, provided, however, that if cure requires the discipline of any employee or subcontractor, the period of cure shall be extended to Include any appeal or other process required by law or collective bargaining agreement If the TBD falls to cure to DOL's satisfaction, DOL has the option to terminate dissemination of DOL records and Information to the TBD until the TBD provides sufficient security for DOL records DOL must provide twenty (20) days notice to the TBD that It will terminate dissemination of DOL records, If DOL terminates dissemination of records to the TBD, the TBD may seek review by the Dispute Board Judicial review may be sought in lieu of seeking review of the Dispute Board, If the Dispute Board falls to remedy the Issue to the TBD and /or DOL's satisfaction, either party may seek judicial review 10. PUBLIC RECORDS REQUESTS For any public records request received by the TBD for confidential Information, the TBD will coordinate with DOL in an effort to mutually agree upon the Information to be disseminated If the TBD and DOL disagree, the TBD will provide DOL at least ten (10) days in order to allow DOL to seek judicial review as provided under the Public Records Act Indemni Except as specifically provided In this section, the parties have not agreed to indemnify or hold harmless each other Each party agrees to hold harmless and Indemnify the other from any claim, loss or liability arising from or out of the employment or contractual relationship of each parties' employees and subcontractors DOL agrees to bear all costs associated with the resolution of fee payer disputes regarding statutory exemption from license fees and agrees to hold harmless and Indemnify the TBD from such costs TBD agrees to bear all costs associated with the resolution of fee payer disputes relating to the formation of the TBD, the levying of any charge or fee on matters relating to the residence of the fee payer or other disputes relating to the location of the vehicle or fee payer, and agrees to hold harmless and Indemnify the DOL from such costs The term "cost" as used herein refers to any and all administrative costs, court costs and reasonable attorneys' fees associated with resolution of any claim, loss or liability 11 INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party 12 AGREEMENT ALTERATIONS AND AMENDMENTS This Agreement may be amended by mutual consent of the parties Such amendments shall not be binding unless they are in writing and signed by personnel authorized to bind each of the parties 13. MEMORANDUM OF UNDERSTANDING (MOU) Any communication that either Contract Manager determines to address more than day -to- day concerns, but do not modify the terms of this Agreement, shall be documented by a written, numbered and dated MOU File Name K2614 Page 4 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No. 614 TBD Agreement No. OW 1 14. TERMINATION BY LEGISLATIVE ACTION This Agreement is terminated upon formal action of the State Legislature by enacting statutory prohibition If this Agreement is terminated, DOL is entitled to payments required under the terms of this Agreement for services rendered prior to termination 15. REMEDIES, DISPUTE RESOLUTION The relationship of the parties is in part defined by statute In recognition of the parties' relationship and the lack of alternatives for the collection of fee, the parties have established these provisions regarding their respective rights and remedies Dispute Resolution The parties shall attempt to resolve any dispute between the parties regarding the interpretation or performance under this agreement at a staff level If a party believes the other to be in breach of the agreement, it shall provide written notice of breach to the party via postage paid in the U S mail addressed as provided in Contract Management, Section The alleged party in breach shall have ten (10) business days to either cure the breach or refer any dispute to arbitration by the Dispute Board The Dispute Board shall attempt to resolve the dispute in the following manner prior to seeking judicial review Due to the critical nature of the parties statutory obligations, disputes regarding public records shall not be subject to this procedure, except as provided in Public Records Request and Confidentiality Sections Additional procedures are provided for alleged breach of confidentiality Each party to this Agreement shall appoint one member to the Dispute Board The members so appointed shall jointly appoint an additional member to the Dispute Board The Dispute Board shall review the facts, Agreement terms, applicable statutes and rules and make a determination 16 GOVERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any other applicable law The provisions of this Agreement shall be construed to conform to those laws Any inconsistency in the terms of this Agreement, or between its terms and any applicable statute or rule, shall be resolved by giving precedence in the following order • Applicable state and federal statutes and rules, • Statement of Work, and all Attachments • Any other provisions of the Agreement, including materials incorporated by reference 17 ASSIGNMENT The work to be provided under this Agreement, and any claim ansing there under, is not assignable or delegable by either party in whole or in part 18 WAIVER Unless the Agreement is amended in writing by an authorized representative of DOL and the TBD, waiver of a default under this Agreement, or failure by DOL or the TBD to exercise its rights shall not be considered a modification or amendment to the Agreement, or constitute a waiver of any subsequent default 19. LIMITATION OF STATE LIABILITY The parties agree that in no event shall the state of Washington, the department, the Director of the department or any department employees, be liable to Contractor for any damages, costs, lost production, or any other loss of any kind for failure of the Department's File Name K2614 Page 5 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No.K2614 TBD Agreement No CM) 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, the Department, the Director of the Department or any Department employee shall not be liable for any claim of any nature against Contractor by any party arising from any failure in the service furnished by the Department under this Agreement, for any errors, mistakes or acts on the part of the Department or its agents which result in the failure of the Department'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 20. SEVERABILITY If any provision of this Agreement or any provision of any document Incorporated by reference shall be held Invalid, such Invalidity shall not affect the other provisions of this Agreement which can be given effect without the Invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable 21. INTERLOCAL AGREEMENT This is an interlocal agreement entered Into pursuant to the authorization of Chapter 39 34 RCW Accordingly, the following provisions are set forth in accordance with the provisions of RCW 39 34 030 This Agreement shall be perpetual unless terminated as herein provided No separate legal or administrative entity is created by this Agreement The cooperative undertakings of the parties shall be financed as provided herein Each party shall separately establish and maintain a budget for its own functions No point property shall be acquired, held or disposed of Any real or personal property used In the point or cooperative undertaking shall be considered to be and remain the property of the party who purchased such real or personal property This Agreement shall be effective when posted on the website of either the DOL or the jurisdiction In which the TBD has been created in accordance with RCW 39 34 040 22. CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be responsible for and shall be the contact person for all communications and billings regarding the performance of this Agreement TBD Contract Manager DOL Contract Manager Becky Hasart Jennifer Dana Bremerton TBD Department of Licensing 3456 th Street, Suite 600 PO Box 2076 Bremerton, WA 98337 Olympia, WA 98507 -2076 Phone 360- 473 -5722 Phone (360) 902 -3673 FAX 360 -473 -5323 FAX (360) 570 -7861 E -Mail E -Mail IedanaO -dol wa goy Becky Hasart(cD-ci bremerton wa us File Name K2614 Page 6 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No K2614 TBD Agreement No. v� 23. ALL WRITINGS CONTAINED HEREIN This Agreement consists of 11 pages Including the following attachments A = Statement of Work B = Vehicles Subject to the Vehicle Fee under RCW 82 80 140 C = Vehicle Not Subject to the Vehicle Fee under RCW 82 80 140 This Agreement sets forth in full all the terms and conditions agreed upon by the parties Any other agreement, representation, or understandings, verbal or otherwise, regarding the subject matter of this Agreement shall be deemed to be null and void and of no force and effect whatsoever, with the following exceptions 1. Exception #1- If TBD enters Into an IVIPS agreement that Is also required to obtain vehicle information The IVIPS agreement does not null and void this Agreement with TBD, nor does this Agreement null and void the IVPS Agreement entered Into by the TBD 2 Exception #2 - If TBD enters into a separate data sharing agreement to obtain vehicle information The separate data sharing agreement does not null and void this Agreement or the IVIPS Agreement, nor does this Agreement null and void any separate data sharing agreement entered Into by the TBD IN WITNESS WHEREOF, the parties have executed this Agreement, affirm they have the authority to bind their respective parties to the terms and conditions of this Agreement Bremerton Transportation Benefit District State of Washington Department of Licensing IS 6-- -6rz (Signature) (Date) J n allwood, Assistant Director ( i6 Ad-dM G• ��'vC�GIS f fz°S�c�evt f APPROVED AS TO FORM ONLY (Print Name &Title) n Signature on file June 1, 2009 (Federal Tax Identificati n Number or UBI) Diane McDaniel AAG (Date) APPROVED AS TO FORM Atto y for ignat ate) File Name K2614 Page 7 of 11 2 -1 -2012 Terms and Conditions DOL Agreement No K2614 TBD Agreement No. ATTACHMENT A STATEMENT OF WORK 1. FOR ADMINISTRATION AND COLLECTION OF THE VEHICLE FEE The Transportation Benefit District (TBD) shall furnish the necessary personnel, equipment, material and /or services and otherwise do all things necessary for or Incidental to the performance of work as set forth below 2 RESPONSIBILITIES OF THE TBD The TBD shall. a. Provide DOL with a legible copy of the official signed and dated ordinance or resolution and any related documents that established the Transportation Benefit District (TBD) fee b. Provide DOL with the jurisdiction taxing code c. Submit to DOL the TBD customer phone number to be used for various media publications d. Be the primary point of contact to respond to Inquiries or disputes from citizens who have questions about the fee e. Handle all contacts and /or disputes regarding boundaries and /or questions regarding the TBD or Its collection of fees f Agree that any omitted or incorrect addresses that result in the fee not being charged for the current billing cycle will not be collected by DOL during the current cycle, and that DOL will charge the fee during the next billing cycle if Department of Revenue's (DOR) data is updated, DOL has a reasonable amount of time to accomplish necessary computer changes, and the address is within the TBD boundary g. Process and Issue any refunds or shortages that may be due It is anticipated that TBD refunds will be largely due to boundary disputes h Verify boundary and sub boundary Information of the TBD against the Information provided In the DOR GIS system to ensure an address taxing location code is appropriately Identified for fee collection Notify DOR of any changes to Initiate computer - programming updates for proper fee collection, as zip codes are added or changed within the boundary or sub area boundary assignment of the TBD i. Submit requests if desired to enter into a separate standard IVIPS agreement to gain access to IVIPS and /or may enter into a separate datashare agreement TBD will be required to provide DOL with a completed Vehicle/Vessel Disclosure Agreement Application for either Agreement Separate costs apply and are not Included in the one percent (1 %) retained In this Agreement 3. RESPONSIBILITIES OF DOL DOL shall. a. Not impose the fee for vehicles as defined by law as "Not Subject "to the fee by statute and are listed in Vehicles Not Subject to the Vehicle Fee under RCW 82 80 140 Table, Attachment C b. Use data from the DOL file as the primary source for identification when assessing the fee for a vehicle registered within a TBD area If the jurisdiction location code Is one of the TBD areas, then DOL will apply the charge to the vehicle record If a match cannot be found within the data from the DOL file, then the customer will not be billed the TBD fee DOL will not use any other data source to determine TBD fee liability File Name K2416 Statement of Work, Attachment A Page 8 of 11 2 -1 -2012 DOL Agreement No.K2614 TBD Agreement No. f9'o1 c. Administer and collect the appropriate annual vehicle fees of up to $20 00 per vehicle, at the time of registration renewal, pursuant to RCW 82 80 140 d. Retain one percent (1 %) of all fees collected In payment for the incurred expenses for the administration and collection of TBD fees and for fees associated with the optional IVIPS agreement deposit and Individual Inquiries (I a each look -up) e. Not be responsible for the Issuance of any refunds or shortages of the fee collected on behalf of TBD for boundary disputes when a customer claims they do not live In a TBD's jurisdiction f. Not be responsible or liable for any Incorrect or omitted notices sent because TBD provided Information to DOR In error g Not make corrections or Issue replacement paper or electronic renewal notices (The annual vehicle TBD fee will be Inserted onto paper or e- renewal notices for the next billing cycle of that vehicle If provided) h. Not be obligated to recover actual or perceived revenue loss of the fee due to errors from data provided to DOL from DOR for boundary discrepancies i. Not be responsible for Inquiries and /or disputes of customers regarding the fees Imposed by the TBD, except to direct the customer to the contact Information provided to DOL by the TBD j. Provide customers with Information on the DOL webpage, which Includes contact Information for TBD k. Provide vehicle licensing Agents, Subagents and DOL staff with Information to explain the TBD fee, which Includes a list of TBD contact Information I. Not be responsible for the timeliness of the state treasurer's monthly distribution of funds m. Not be responsible to provide TBD with data requests, except through the optional IVIPS, unless the TBD enters Into a separate data sharing agreement pursuant to RCW 46 12 Costs associated with data requests will be handled separately and are not Included In the one percent (1 %) retained for administration and collection expenses pursuant to RCW 82 80 140 n If requested provide the TBD with access to IVIPS, provided TBD enters In to the standard IVIPS agreement, In order for the TBD to access Information sufficient to process refunds and assist In responding to TBD customer Inquiries ****REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK***** File Name K2416 Statement of Work, Attachment A Page 9 of 11 2 -1 -2012 DOL Agreement No.K2614 TBD Agreement No. dO ATTACHMENT B VEHICLES SUBJECT TO THE VEHICLE FEE UNDER RCW 82.80.140 The annual vehicle fee is due for each vehicle subject to license tab fees under RCW 46 16 0621 and for each vehicle subject to gross weight fees under RCW 46 16 070 with an unladen (scale) weight of 6,000 pounds or less Vehicles registered with Disabled American Veteran Exemption would be exempt from the tax The annual vehicle licensing fee applies only when renewing a vehicle registration, and is effective upon the registration renewal date as provided by the Department of Licensing The following vehicles are subject to the vehicle licensing fee- Use Class - - - Description What makes it Subject...' CAB Taxicab 46 16 0621 CMB (powered) Combination 46 16 070, if scale weight is 6000 p ounds or less COM (powered) Commercial vehicle 46 16 070, if scale weight Is 6000 p ounds or less CYC Motorcycle 46 16 0621 FIX Fixed Load vehicle 46 16 070, If scale weight is 6000 p ounds or less F /H, 6 seats or less For Hire 46 16 0621 F /H, 7 seats or For Hire 46 16 070, if scale weight is 6000 more pounds or less H/D House Moving Dolly 46 16 0621 LOG(powered) Used Exclusively for hauling 46 16 070, If scale weight is 6000 logs pounds or less MH Motor home 46 16 0621 MOB Mobile Home 46 16 0621 if actually licensed PAS Passenger vehicle 46 16 0621 STA, 6 seats or Stage 46 16 0621 less STA, 7 seats or Stage 46 16 070, if scale weight is 6000 more pounds or less TLR Private —use trailer (if over 46 16 0621 2000 p ounds scale weight TOW Tow truck 46 16 0621 TRK Truck 46 16 070, if scale weight is 6000 p ounds or less TVL Travel trailer 46 16 0621 NEP Neighborhood electric 46 17 350 p assenger vehicle NET Neighborhood electric truck 46 17 355, if scale weight is 6000 p ounds or less MEP Medium -speed electric 4617350 p assenger vehicle MET Medium -speed electric truck 46 17 355, If scale weight Is 6000 p ounds or less File Name K2614 Vehicles Subject to the vehicle fee under RCW 82 80 140, Attachment B Page 10 of 11 2 -01- 201201 -05 -2012 DOL Agreement No.K2614 TBD Agreement No. MD ATTACHMENT C VEHICLES NOT SUBJECT TO THE VEHICLE FEE UNDER RCW 82.80 140 The following vehicles are specifically exempted from the vehicle licensing fee a. Farm tractors or farm vehicles as defined in RCW 46 04 180 and 46 04 181, b. Off -road and non highway vehicles as defined in RCW 46 09 020, c. Vehicles registered under chapter 46 87 RCW and the International registration plan, and d. Snowmobiles as defined in RCW 46 10 010 The following vehicles are not subject to the vehicle fee: Use Class Description What makes it Subject.- - C/G Converter Gear Not Licensed CMB non powered Trailers Not subject to license fees CMP Campers Exempt under RCW 46 16 505 COM non powered Commercial Licensed under 46 16 085 EX State, County, City, Indian Not subject to license fees FAR Farm Exempt per language in bill /law FCB Farm Combination Exempt per language in bill /law FED Federally Owned Not subject to $30 license fee FEX Farm Exempt Not subject to license fees H/C (I e, Antique Horseless Carriage( see specific use Not subject to license fees vehicle ) class for vehicle type LOG non powered) Used exclusively for hauling logs Licensed under 46 16 085 ORV Off Road Vehicles Exempt per language in bill /law PED Moped Licensed under 46 16 630 RES Restored and Collector Vehicles Not subject to license fees SCH Private School Not subject to license fees SNO Snowmobiles Exempt per language in bill /law SNX State, County, City owned Not subject to license fees snowmobiles TLR Personal use trailers, single axle (less Exempt Licensed under RCW than 2,000pounds scale weight) 4616 086 File Name K2614 Vehicles Not Subject to the vehicle fee under RCW 82 80 140, Attachment C Page 11 of 11 2 -1 -2012 �0'STATE O4 4.EE Q a::=a 11889 STATE OF WASHINGTON DEPARTMENT OF LICENSING . PO Box 9020. Olympia, Washington 98507-9020 March 5,2012 • °� �; ! OFFICEOF CITY CLERK DAT '10' 0---TI /L4_frk ta A-ME Ms. Becky Hasart SIGNATURE ° City Clerk Office City of Bremerton 345 6`E' Street, Suite 600 Bremerton,WA 98337 Dear Becky: We are pleased to enclose a fully executed original Contract Agreement,No.K2614 with the department. The purpose of this agreement is to provide terms and conditions for the department to collect and administer fees on behalf of the Bremerton Transportation Benefit District. Fees collected are for registered owners' vehicles that live within the boundaries of your district jurisdiction location code 1801. We will add the new fee to vehicle renewals with registrations that expire on or after July 1, 2012. Additionally,we will include 360-473-5920 as the contact number for customer inquiries. If you have questions, contact me at 360-902-3673 or at jedana@dol.wa.gov. . Sincerely, -it--0-80--1 C.)---- fer Da , Assistant Administrator JD:lw Enclosure cc: Contract File J Skip a trip—go online www.dol.wa.gov We are committed to providing equal access to our services. If you need accommodation,please call 360-902-3673 or TTY 360-664-0116.