HomeMy WebLinkAbout5470 DocuSign Envelope ID:A80871A6-915A-4685-AF7A-A979539F4BA2
aNASHINGTON STATE DEPARTMENT Of CONTRACT AMENDMENT DOL Contract No.K2614
LICENSING BETWEEN THE DEP A&jMENT OF LICENSING Amendment No. 1
AND
BREMERTON TBD
Amendment
Amendment Purpose
The purpose of this amendment is to:
1. Update the DOL Contract Manager;
2. Amends Section 1 Definitions;
3. Adds Assignment Clause;and
4. Update Attachment a, STATEMENT OF WORK, by replacing in its entirety with an updated version
Attachment a, STATEMENT OF WORK.
Contractor
Contract manager (Area code)'felephone E-Mail
Shannon Corin (360)473-5323 City.Clerk@cLbremerton.wa.us
Department of Licensing (DOL)
Contract manager (Area code)Telephone E-Mad Dunn, Data Sharing Contracts (360)902-0136 ddunnadol.wa.gov
Manager
Attachments(when applicable)
This Contract consists of the following attachment(s)and all document(s)incorporated herein or by reference:
None
The execution of this Amendment shall constitute a ratification of any earlier agreement between the parties,
hereto, the terms and conditions of which are contained herein. The intent of the parties is that the effective
date of this Agreement shall be on the date of last signature. All other terms and conditions of the original
Contract and any subsequent amendments thereto remain in full force and effect. The parties hereby
acknowledge and accept the terms and conditions of this amendment which is executed by the persons signing
below who warrant that they have the authority to execute it on behalf of DOL and the Contractor.
Contractor signature Date OBRIEMAIned by: Date
7�- y,//���. ��4� � L��� 8/18/2016
PRINT contractor Name
Patty Lent Tamara L. Dohrman
Print Ti le Print Title
Assistant Director
Mayor Administrative Services Division
E-Mail Mayor@ci.bremerton.wa.us tdohrma i•a.aov
hone one
(360) 473-5266 (360)-902-4044
1
DocuSign Envelope ID:A80871A6-915A-4685-AF7A-A979539F4BA2
This Contract is hereby amended as follows:
• Contract Management
The DOL Contract Manager identified on page one(1)of the original contract is hereby updated to the Contract
Manager listed on page one(1)of this amendment.
• Section 1,DEFINITIONS
Section 1, DEFINTIONS, is here by amended as follows:
As used throughout this Contract the following terms shall have the meanings set forth below:
a. "Administrative and Collection Expenses"means the Direct and Indirect Cost 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). It does not include
record inquiries by TBD(under an IVIPS contract).
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. "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.
e. "District"means all the territory within the boundaries of the TBD's jurisdiction establishing the District.
f. "DOL File°means the data file received from DOR a third party used by DOL as the primary GIS data source
to assess TBD fees.
g. "GIS"means the Department of Revenue/Geographical Information System data provided to DOL by a third
party.
h. "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.
i. "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 the Department of Revenue's OAR's sales and
use tax Location Code information.
j. °Next Billing Cycle"means the Billing Cycle that occurs during the 12th month following the current Billing
Cycle. For example, if a renewal is sent for a due date in the month of January 2014,the Next Billing Cycle
will be January 2015.
k. "RCW"means Revised Code of Washington.
I. "Subcontractor"means a person or entity not in the employment of the TBD named in this Contract, but who
is performing all or part of those services outlined in this Contract under a separate Contract with the TBD.
The terms"subcontractor"and"subcontractors"mean subcontractor(s) in any tier.
• Section 16,ASSIGNMENT
Section 16,ASSIGNMENT, is hereby replaced in its entirety with the following:
Pursuant to City of Bremerton 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, by replacing in its entirety with an updated version
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DocuSign Envelope ID:A80871A6-915A-4685-AF7A-A979539F4BA2
Attachment A,STATEMENT OF WORK.
ATTACHMENT A
STATEMENT OF WORK
1. FOR ADMINISTRATION AND COLLECTION OF THE VEHICLE FEE
The Transportation Benefit District(TBD), or the city/county if they are legally assigned responsibility, 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. Be the primary point of contact to respond to inquiries or disputes from citizens who have questions about
the fee.
b. Handle all contacts and/or disputes regarding boundaries and/or questions regarding the TBD or its
collection of fees.
c. 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. DOL will charge the fee during the Next Billing
Cycle if GIS data is updated by the data provider, DOL has a reasonable amount of time to accomplish
necessary computer changes,and the address is within the TBD boundary.
d. Process and issue any refunds or shortages that may be due. It is anticipated that TBD refunds will be
largely due to boundary disputes.
e. Verify boundary information of the TBD against the information provided in the GIS system to ensure an
address taxing Location Code is appropriately identified for fee collection. Notify DOL of any changes to
initiate computer-programming updates for proper fee collection.
3. RESPONSIBILITIES OF DOL
DOL shall:
f. Not impose the fee for vehicles as defined by law as"Not Subject"to the fee by statute and are listed in
Attachment D, Vehicles Not Subject to Fee.
g. 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 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 fee. DOL will not use any other data source to determine TBD fee liability.
h. 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.
i. 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 area.
j. Not be responsible or liable for any incorrect or omitted notices sent because TBD provided information to
DOL in error.
k. Not make corrections or issue replacement paper or electronic renewal notices. Not be obligated to recover
actual or perceived revenue loss of the fee due to errors from data provided to DOL 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.
m. Provide customers with information on the DOL webpage,which includes contact information for TBD.
n. Provide vehicle licensing office and DOL staff with information to explain the TBD fee,which includes a list of
TBD contact information.
o. Not be responsible for the timeliness of the State Treasurer's monthly distribution of funds.
'REMAINDER OF THIS PAGE IS INTENTIONALLY LEFT BLANK"***"
3
DOL Agreement No.K2614
TBD Agreement No. COO I
INTERLOCAL AGREEMENT
RECEIVED
BETWEEN FEB 2 7 zoi2
THE STATE OF WASHINGTON DEPARTMENT OF LICENSING
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 6th Street, Suite 600 FAX: 360-473-5200
Bremerton, WA 98337 E-Mail: Beckv.Hasart cc 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.Mb l
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'sjurisdiction
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 12th 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. 6tb 1
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 IVIPS, 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 party 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 No.K2614
TBD Agreement No. bbUt
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 fails 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 fails 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.
Indemnity
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 (MOW
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.K2614
TBD Agreement No. DOD(
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 arising 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. Om(
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 joint property shall be acquired, held or disposed of. Any real or personal property used
in the joint 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
345 6th 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: iedana(@dol.wa.ciov
Becky.Hasart a ci.bremerton.wa.us
File Name:K2614 Page 6 of 11 2-1-2012
Terms and Conditions
DOL Agreement No.K2614
TBD Agreement No. tt )I
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
P 24.0/f2_ 21412
(Signature) (Date) an mallwood,Assistant Director I(Date)
AG'd,n &O e1 4 1, ?r'sident APPROVED AS TO FORM ONLY
(Print Name&Title) /
9/-406U 3//!P1 )g-639 Signature on file June 1, 2009
(Federal Tax Identification Number or UBI) Diane McDaniel.AAG (Date)
APPROVED AS TO FORM:
Attdtkney for TBD(Signature) (Date)
File Name:K2614 Page 7 of 11 2-1-2012
Terms and Conditions
DOL Agreement No.K2614
TBD Agreement No. DCOI
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 VehicleNessel 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. £%O I
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.e. 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. 0O(
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
pounds or less
COM (powered) Commercial vehicle 46.16.070, if scale weight is 6000
pounds or less
CYC Motorcycle 46.16.0621
FIX Fixed Load vehicle 46.16.070, if scale weight is 6000
_pounds 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 pounds scale weight)
TOW Tow truck _46.16.0621
TRK Truck 46.16.070, if scale weight is 6000
_pounds or less
TVL Travel trailer 46.16.0621
NEP Neighborhood electric 46.17.350
passenger vehicle _
NET Neighborhood electric truck 46.17.355, if scale weight is 6000
pounds or less
MEP Medium-speed electric 46.17.350
passenger vehicle
MET Medium-speed electric truck 46.17.355, if scale weight is 6000
_pounds 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. ()COI
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 RCVV 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 2,00upounds scale weight) 46.16.086
File Name:K2614
Vehicles Not Subject to the vehicle fee under RCW 82.80.140,Attachment C
Page 11 of 11 2-1-2012
Contract Number:
Vendor:
Subject:
Department:
File Class:
Begin Date:
End Date:
Review Date:
Vault Date:
5470
BREMERTON TRANSPORATION DISTRICT
ILA - Staff Support and City Resources
Clerk
LEG 12-1
6/4/2014
1/1/2018
Comments :
�� ����o
AGENDA BILL
CITY OF BREMERTON
CITY COUNCIL
SUBJECT: Amended Interlocal Agreement
befinreen the City of Bremerton and the
Bremerton Transportation Benefit District
Study Session Date:
COUNCIL MEETING Date:
Department:
Presenter:
Phone:
�
May 28, 2014
June 4, 2014
City Attorney's Office
Roger A. Lubovich
473-2345
SUMMARY: This is an amendment to the Interlocal Agreement between the City and the TBD that
was entered into to maintain, preserve, and improve streets and related transportation infrastructure
within the City. The amendments relate to the provision of City stafF support and other resources to
the TBD and related issues.
ATTACHMENTS: Interlocal Agreement
FISCAL IMPACTS (Include Budgeted Amount): None
STUDY SESSION AGENDA: � No Presentation ❑ Full Presentation
STUDY SESSION ACTION: 0 Consent Agenda ❑ General Business ❑ Public Hearing
RECOMMENDED MOTION: Move to approve the amended Interlocal Agreement between the City
of Bremerton and the Bremerton Transportation Benefit District; and authorize the Mayor to finalize
and execute the agreement with substantially the same terms and conditions as presented.
COUNCIL ACTION: [�Approve
❑ Deny ❑ Table ❑ Continue ❑ No Action
Form Updated 11/02/12
INTERLOCAL AGREEMENT BETWEEN
TI3E CITY OF BREMERTON, WASHINGTON AND
T�IE BREMERTON TRANSPORTATION BENEFIT DISTRICT
This agreement between the City of Bremerton, Washington ("City"), and the Bremerton
Transportation Benefit District ("TBD"), each of whom is organized as a Municipal Corporation
under the laws of the state of Washington, is entered into on the date fully executed below.
WHEREAS, Chapter 39.34 RCW (Interlocal Cooperation Act) permits local
governmental units to make the most efficient use of their powers by enabling them to cooperate
on the basis of mutual advantage;
WHEREAS, the City is empowered to operate, maintain, construct, and reconstruct,
public street infrastructure within its city limits in accordance with the powers granted pursuant
to RCW 35.22.280;
WHEREAS, pursuant to Ordinance No. 5076, codified in Chapter 11.25 Bremerton
Municipal Code ("Chapter 11.25 BMC") the TBD was created to provide adequate funding for
transportation improvements that preserve, maintain, improve and, as appropriate, construct or
reconstruct the existing transportation infrastructure of the City consistent with and Chapter
36.73 RCW;
WHEREAS, the City and the TBD entered into this Interlocal Agreement on or about
February 15, 2012, to better coordinate their efforts in order to pursue their individual, joint and
mutual rights and obligations to maintain and preserve streets and related transportation
infrastructure within the City;
WHEREAS, this amended Interlocal Agreement updates language relating to the
provision of City staff and resources to the TBD and other related amendments; NOW
THEREFORE,
The parties have entered into this agreement in consideration of the mutual benefits to be
derived and to coordinate their efforts through the structure provided by the Interlocal
Cooperation Act.
1. Recitals. The recitals set forth above are hereby incorporated by reference.
2. Purpose and Interpretation. The City is empowered by Title 35 RCW to construct,
reconstruct, maintain and preserve City streets and other related public infrastructure either by
contract or through the use of City forces. The TBD has been constituted in accordance with
state law to provide a source of funding for transportation improvements that preserve, maintain
and improve the transportation infrastructure and related infrastructure within the City limits of
the City. The TBD has no employees and its officers are either City Council Members serving in
an ex officio capacity or are City employees designated to serve under the provisions of state
law. In order to make the most efficient use of public monies, to avoid duplication of effort and
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Ciry/TBD Interlocal Agreement — 2014 updates
to coordinate their efforts, the parties have entered into this agreement. In the event of ambiguity
or the need for guidance arises, this agreement shall be interpreted in accordance with the
provisions of Chapter 11.25 BMC, Chapter 36.73 RCW, and the provisions of the Governmental
Accounting Act and RCW 43.09.210 as the same exists or shall hereafter be amended. In the
event that any provision of this agreement is held to be in conflict with existing state statute or
any future amendment thereof, such provisions shall be severable, and the remaining provisions
of this agreement shall remain in full force and effect.
3. Obli�ations of the TBD. In accordance with the requirements of Chapter 36.73 RCW,
Chapter 11.25 BMC, the TBD agrees to:
3.1 Provide to the City all funding received from any and all lawful sources, net
administrative expenses, which the TBD in its sole discretion may levy for the purpose of
making transportation improvements that preserve, maintain and improve the transportation
infrastructure and related infrastructure of the City.
3.2 Continue the annual provision of funding for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City so long as the TBD
remains in existence. Such funding shall be in accordance with and limited by the provisions of
Chapter 11.25 BMC and Chapter 36.73 RCW.
3.2.1 Shall hold public hearings prior to levying any charge, tax or fee and shall
levy any charge, tax or fee only in accordance with law and ordinance;
3.2.2 Develop an annual work plan and designate projected street maintenance,
preservation and improvement projects within City for funding; and
3.2.3 Pursuant to RCW 36.73.160(1), shall develop a material change policy to
consider at a minimum the impacts and appropriate remedies if transportation improvements
contained in its annual plan exceed its original cost by more than 20°Io. In such case, the TBD
shall hold a public hearing to solicit comment from the public regarding how the cost change
should be resolved. The obligations of this agreement shall be interpreted and applied in a
manner consistent with this adopted policy.
4. Obligation of the Cit� The City shall:
4.1 Provide staff support and other resources to the TBD.
4.1.1 In consideration of the benefits derived by the City, services provided by
City staff that serve the purpose of administration of the TBD, including, but not limited to
financial, legal, clerk, engineering administration, and the overhead within these administrative
services including budgeting, reporting, advertising, accounting, utilities, information
technology, office supplies, and equipment shall be a contribution of City to the parties' joint
goals and objectives and need not be directly charged back to the TBD, unless otherwise required
by law.
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City/TBD Interlocal Agreement — 2014 updates
4.1.2 The indirect and direct costs of project support shall be eligible costs of
District funds. The eligible costs shall include but are not limited to engineering design, project
bidding, construction management and inspection, project accounting and other related project
expenditures.
4.1.3 All costs of annual audits shall be borne by the District. All costs
associated with the issuance of debt shall be paid by the District.
4.2 The following City staff, or their authorized designee, shall serve the TSD as
follows:
a) City's Director of Financial Services shall serve as Treasurer,
b) City Attorney shall serve as Board Attorney,
c) Director of Public Works & Utilities shall serve as Project Coordinator,
d) City Clerk shall serve as Secretary,
e) City Council staff shall serve as TBD Board staff , and
fl other staff as agreed to by the City and the TBD deemed necessary to implement
the programs of the TBD.
4.3 In addition to the staff support and resources set forth in Subsection 4.1 above, the
City's Public Works Committee may be used by the TBD as a resource to review, consider and
provide recommendations to the TBD regarding the annual work plan, transportation
improvements to be included therein and other items related to the operation of the TBD.
4.4 Maintain for the period established by the State Archivist retention schedule,
financial records, kept in accordance with general accepted accounting practice and
governmental accounting requirements, as necessary to document that any and all funding
received through the TBD is used only for the maintenance, preservation and improvements of
City streets and infrastructure in accordance with law and ordinance.
4.5 Utilize all funding provided by the TBD for transportation improvements that
preserve, maintain and improve the transportation infrastructure of the City as shown and
prioritized on the TBD's annual work plan in accordance with Chapter 1 l.25 BMC and Chapter
36.73 RCW. In doing so, it is the intent of the parties that this funding supplement, not replace,
existing City funding sources for street improvements.
5. Ownership. Streets and related transportation infrastructure preserved, maintained and
improved with TBD funds are and shall remain the property of the City. No joint property
ownership is contemplated under the terms of this agreement.
6. No Joint Board. No provision is made for a joint board. The TBD shall exercise its
function in accordance with the applicable statute, using staff as provided by the City, pursuant
to this agreement.
3
City/TBD Interlocal Agreement — 2014 updates
7. No Indemnitv. No indemnification is provided by this agreement. The parties agree to
bear their respective liability for any acts or omissions resulting under this agreement as the same
shall be determined under the laws of the state of Washington or any mutually approved
settlement agreement.
8. Termination. This agreement shall terminate or expire as follows:
8.1 This agreement may be terminated by either party upon the provision of three
hundred and sixty-five (365) calendar days notice. A final reconciliation of costs, payment, and
a current report of completed activities shall be completed by City within such period following
the notice by either party.
8.2 Unless sooner terminated by either party, this agreement shall expire on the date
the District is dissolved in accordance with provisions of Chapter 11.25 BMC, as currently
enacted or hereinafter amended.
6
IN WITNESS WHEREOF, the parties have executed this agreement on this �� day of
l,e 1�(� , 2014.
CITY OF BREMERTON BREMERTON TRANSPORTATION
BENEFIT DISTRI T
.
By: By:
Patty Lent, yor Dino Davis, Board President
Date: D '�' � � Date: ��J�l'�Z��
AT
B
Shannon Corin, Board Secretary
R:\L.egal\Legal�F'iles\Current Active Files\Transportation Bcncfit District�2014\City-TBD Interlocal Agreement - 2014 (Clean).doc
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City/TBD Interloeal Agreement — 2014 updates