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Contract Number.: 4459
Vendor:
LICENSING - DEPT OF (WA STATE)
Subject:
Vehicle Data Base Info - Parking Citation Process
Department:
Muni Court
File Class:
LEG 12.-1
Begin Date:
02/01/2000
End Date:
12/31/2010
Review Date:
11/01/2010
Vaul.t Date:
Comments:
00 IL 00/5070
Amendment #1-9/04
AGREEMENT BETWEEN THE STATE OF WASHINGTON
DEPARTMENT OF LICENSING
AND
CITY OF BREMERTON
Contract No. 00 IL 00/5070
Amendment No~ 1
Date: September 17, 2004
This Interlocal Agreement is made and entered into by and between the
Department of Licensing, hereinafter referred to as "DOL", 1125 Washington Street
Southeast, Olympia, Washington 98507, and the City of Bremerton, Data Processing, 239
4th Street, Bremerton, Washington 98310, hereinafter referred to as "CITY", pursuant to
the authority granted by Chapter 39.34 RCW, and RCW 46.12.370.
1. THIS AMENDMENT TO AGREEMENT is made and entered into between DOL
and CITY, amending Section 2.0, PERIOD OF PERFORMANCE, of the agreement
to read as follows:
2.0 PERIOD OF PERFORMANCE
This agreement shall commence January 31, 2005 and will continue until
terminated by either party as provided in Section 12.0 of this agreement or
December 31, 2010, which ever occurs first.
This agreement is void upon formal action of the state legislature enacting statutory
prohibition of 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
IN WITNESS WHEREOF, DOL and CITY have executed this Amendment as of the date
and year last written below. The parties signing below hereby affirm that they have the
authority to bind their respective parties to the terms and conditions of this agreement.
DEPARTMENT OF LICENSING CITY OF BREMERTON
BY:
TITLE: TITLE~
DATE: DATE:
The Depart~nent of Licensing has a policy of providing equal access to its services. This correspondence is available
in alternate [ormat. If you need special accom~nodation, please call (360) 902-3600 or TTy 664-8885.
INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON
DEPART1VIENT OF LICENSING
CITY OF BREIVIERTON
Contract No: 00 IL 00/5070
Date: February 1, 2000
This Interlocal Agreement is made and entered into by and between the Department of
Licensing, hereinafter referred to as "DEL", 210 11th Avenue Southwest, Post Office Box
2957, Olympia, Washington 98507-2957, and City of Bremerton, Data Processing, 239 4th
Street, Bremerton, Washington 98310, hereinafter referred to as "CITY", pursuant to the
authority granted by Chapter 39.34 RCW and RCW 46.12.370.
Section 1.0 PURPOSE
The purpose of this agreement is to set forth the terms and conditions under which DeL
will provide CITY with hsts of vehicle owner names and addresses from DOL's vehicle
record file pursuant to RCW 46.12.370(2) as now constituted or hereafter amended.
Section 2.0 PERIOD OF PERFORMANCE
This agreement shall become effective February 1, 2000 and will continue until terminated,
as provided in Section 12.0 herein, or January 3 l, 2005, which ever comes first.
This agreement is void upon formal action of the state legislature enacting statutory
prohibition of failure to provide funding for the performance of the duties provided herein.
Section 3.0 STATEMENT OF WORK
3.1 DeL win provide CITY, via Hewlett-Packard File Transfer Protocol (FTP),
vehicle data base information as needed for CITY to process parking
citations.
3.2 DeL will provide the data in Exhibit A, dated February 1, 2000, and Exhibit
B, dated February 1, 2000, both attached hereto and made a part of this
agreement as ff fully set forth herein, to CITY using Hewlett-Packard
Transfer Protocol (FTP) to establish an FTP connection with the host
computer at CITY. The file will be transferred over the Internet network via
the Department of Information Systems (DIS) Internet connection.
3.3 CITY shall provide list(s) of WasbAngton State issued vehicle 1/cerise plate
numbers via FTP in a format compatible with DeL computer hardware and
software. (See Exhibit .4.)
3.4 CITY shall furnish encryption and decryption software compatible with
DOL's software to ensure security and confidentially.
CITY shall adhere to any current or amended statutory or artministrative
rules regulating the right of privacy and ¢onfidentiahty, which relate to such
information.
3.6 Ail exceptions to the above must be approved in writing by DOL, setting out
any [imitations or conditions to which the approval is subject. Such written
approval must be received by CITY prior to the requested use of or release of,
the information that is the subject of the exception.
Section 4. 0 DISCLOSURE OF INDMDUAL NAN[ES AND ADDRESSES
PROHIBITED.
4.1. CITY shall not use or furnish to any person, corporation, partnership,
association or organization of any kind for any commercial purpose by itself or
by any other entity any of the individual owner names or address information,
or part thereof, provided by DOL under this agreement for the purpose of
making any unsohcited business contact with the individuals named therein.
The term unsohcited 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. This subsecVion shall not prevent CITY from requesting
additional specific exceptions from this section from DOL, subject to prior
written approval of, and any conditions imposed by, DOL. No exceptions shall
be valid unless approved in writing by the Director of DOL accompanied by a
statement of conditions, if any, imposed on such approval, prior to the intended
use of the information which is the subject of the exception.
4.2. CITY is responsible to ensure that any name or address released under this
agreement is used only for the purpose specified in Section 5 of this agreement.
Section 5.0 USE PERMITTED.
Information furnished by DOL to CITY under this Agreement may be used by CITY in
conjunction with the enforcement of motor vehicle and traffic laws. No name or address of any
individual shall be disclosed to any person, corporation, partnership, association or
organization of any kind.
Section 6. 0 PROPRIETARY RIGHTS.
CITY shall not acquire any proprietary rights in the information received under this
agreement which will in any manner restrict DOL's use and dissemination of the same
information.
Section 7.0 COMPENSATION
There shall be no fees charged to CITY by DOL for services provided in Section 3.0 above.
Funds for this service are provided by RCW 46.16.216.
Section 8.0 LIMITATION UPON ~-KSSIGNi~fENT.
This agreement is not assignable by either party.
Section 9.0 INDEM2~IFICATION.
CITY agrees to, and shall, indemnify and hold harmless the state of Washington, DOL, the
director and all D0L employees from any and all suits at law or equity, and from any and all
cl-~ms, demands or loss of any nature, including but not limited to ail costs and attorney fees,
ar~ing from any incorrect or improper disclosure of individual names or addresses under this
agreement; any defects in any of CITY's procedures followed or omitted or arising from the
~,jlure of CITY or its officers, employees, customers or agents to fu]~] 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. Provided that the State of Ne, DOL,
tender the defense of any such claim to the City prior to incurring costs or
attorne~ f~es~ ~
mecz~on 10.~ LIM/TATION ON THE STATE'S LIABILITY.~ND RESPONSIBILITY.
10.1 The parties agree that in no event shall the State of Washington, DOL, the
Director of DOL or any DOL employees, be liable to CITY for any damages,
costs, lost production, or any other loss of any kind for failure of DOL's~
equipment, hardware or soft~are to perform for any reason, or for the loss of
consequential d~mage which is the result of acts of God, s~rikes, lockouts, riots~
acts of war, epidemics, acts of ~re, failure of communications or computer
equipment, facili~es, or soft,rare, power failures, nuclear accidents or other
disasters.
10.2 The State of Washington, DOL, the Director of DOL or any DOL employee shall
not be liable for any clnim of any nature against CITY by any par~y arising from
any fa]Jure in the service furnished by DOL under this agreement, for any
errors, mistakes or acts on the part of DOL or its agents which result in the
failure to properly release vehicle 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 ~re, failure of communications or computer
equipment, facilities, or software, power failures, nuclear accidents or other
disasters.
10.3 DOL shall not be liable for any delays in furnishing the 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.
Section IL0 NONDISCRI/VI1NATION.
During the terms of this agreement, the parties hereto agree to comply with the fo]lowing
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 s~qllation, discriminate ag.inst 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.
Section 12.0 TERMINATION.
This agreement may be terminated by either party upon giving thirty (30) days written notice
to the other party; provided that, either party may terminate the agreement immediately for
breach by the other party o£any of its obligations under this agreement.
Any violation of the restrictions, conditions or requirements contained in this agreement
constitute grounds for DOL to terminate this agreement immediately.
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 13 of this agreement, in the absence of actuai
delivery to and receipt by the party by mail or other means at an earlier date and/or time.
Section 13.0 NOTICES.
All notices concerning this contract shall be sent to the parties or their successors at the
addresses stated below:
DOL - Contracts Manager, Title and Registration Services, Department of Licensing,
Highways-License Building, Post Office Box 2957, Olympia, Washington 98507-2957.
CITY - Data Processing, City of Bremerton, 239 4th Street, Bremerton, Washington 98310.
Section 14.0 PAYMENT IN THE EVENT OF TERMINATION.
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 owed by CITY to DOL shall continue to be due and payable as
' provided in Section 7.
Section 15.0 OWNERSHIP OF EQUIPMENT AND SOFTWARE.
All equipment and software furnished by DOL or by CITY shall remain the property of the
furmshing party and the party shall retain full title and all rights associated with ownership.
The equipment shall not become Kxtures. Neither party shall encumber,, or permit an
encumbrance upon, the other party's title to the equipment or software, or to the equipment or
software itself, in any manner.
Section 15.0 DISPUTES.
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. 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.
Section 17.0 INDEPENDENT STATUS OF DOL.
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 or deductions of any kind in connection with
reimbursement of DOL under this agreement. This provision shall not preclude DOL from
representing CITY in full]Hug tasks and services specified in this agreement.
Section 18.0 SAVINGS CLAUSE.
It is the behef of all parties that all provisions of this agreement are lawful. If any section of
this agreement should be found to be contrary to existing law, by court decision or opinion of
the Washington State Attorney General, the remainder of the agreement shall not be affected
thereby, and the parties shall enter into immediate negotiations for the purpose of arriving at
a mutually satisfactory replacement of such section. The provisions of the agreement shall be
subject to any future actions of or directions by the Legislature of the State of Washington. In
the event of conflicts between actions of or directions of the Washington State Legislature and
provisions of this agreement during its term, the former shall prevail.
Section 19.0 REMEDY OF TERMINATION.
The remedy of termination of this agreement or release of DOL from the obligations of this
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 this agreement shall release DOL from any and ail
obligations whatever under this agreement but shall not bar DOL from pursuing any remedies
' which it would otherwise have against CITY.
Section 20.0 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, understandings or agreements, not contained in this agreement or written
amendment hereto shall not be binding on either party. Except as provided hereto, no
alteration of any of the terms or conditions, o£ this agreement ~ be effective without the
written consent of both parties. However, ~ provision shall not prevent any other effective
agreements between the parties which is not mconsistsnt with the provision of this
agreement.
Section 21.0 SEVERABILITY.
If any covenant or provision of this agreement shall be adjudged void, such adjudication shall
not affect the validity, obligation or performance of any other covenant or provision, or part
thereof, which in itself is valid if such remainder conforms to the terms and requirements of
applicable law and the intent of this agreement.
Section 22.0 RATIFICATION.
The execution of this contract shall constitute a ratification of the terms and conditions of
which are cont~i=ed herein. Accordingly, the beginning date of performance under this
contract shall be February 1, 2000, regardless of the date of execution. CITY shall
reimburse DOL for those costs incurred in perfomance hereunder, in accordance with the
terms and conditions herein contained for that period between February 1, 2000 and the
date of full execution of this contract.
Section 23.0 AFFIRM_ATION OF AGREEMENT.
The parties signing below hereby afl~m that they have the authority to bind their respective
parties to the terms and conditions of this agreement.
DEP.a~RTM~NT OF LICENSING ~ITY OF BRElVIERTON
TITLE~:-, ~,5~.~, ~ '~x_i ~ ~. ~. TITLE~~A~0~
DATE: ~ ~ % ~ ] ~q DATE:
AGREEMENT BETWEEN THE WASHINGTON STATE
DEPARTMENT OF LICENSING
CITY OF BREMERTON
Contract No. 00 IL 00/5070
Date: February 1, 2000
EXHIBIT A
1.0 Purpose:
The purpose of this Exhibit A is to set forth the data elements and the record format
for the vehicle registered owner information provided pursuant to this agreement:
INPUT RECORD DESCRIPTION
Field Description PIC Bytes Position
License Plate [ X 7 1
User Field I X 2 8
Total Len,gth 9
OUTPUT RECORD DESCRIPTION
Field Description Data Base Name PIC Bytes Position
License Plate V-PLATE-B X 7 1
Vehicle Identification Number V-VIN X 17 8
Series Body V-SERIES-BODY X 8 25
Model Year (cc)y) V-YR 9 4 33
Make V.MAK~ X 5 37
Title Transfer Date (Auditors Stamp V-TTL-TRANSFER-DT 9 8 42
Date)(cc)ymmdd)
Stolen Flag V-TAH-STOLEN 9 1 50
Report of Sale Flag V-REJ-SALE 9 1 5
Report of Sale Date (ccyymmdd) V-ROS-DATE 9 8 52
Registered Owner Name Count V-REG-NAME-CNT 9 1 60
Registered Owner Name/Address 1 V-NA- l X 30 61
Registered Owner Name/Address 2 V-NA.2 X 30 91
Registered Owner Name/Address 3 V-NA-3 X 30 121
Registered Owner Name/Address 4 V-NA-4 X 30 15
Registered Owner Name/Address 5 V-NA-5 X 30 181
Registered Owner Name/Address 6 V-NA-6 X 30 211
Registered Owner City V-CITY X 24 241
Registered Owner State V-STATE X 2 265
Registered Owner Zip Code V-ZIP X 9 267
User Field X 2 276
Total Length [ 277
AGREEMENT BETWEEN THE WASHINGTON STATE
DEPARTMENT OF LICENSING
CITY OF BREMERTON
Contract No. 00 IL 00/5070
Date: February 1, 2000
EXHIBIT B
1.0 Purpose:
The purpose of this Exhibit B is to set forth the data elements and the record format
for the par]cng ticket processing information provided pursuant to this agreement:
Field Description Mandatory/Optional PIC Bytes Position
License Plate Mandatory X 7 1
Jurisdiction ID Mandatory X 7 8
Parkin9 Violation Number Mandatory × 10 15
Violation Issue Date (ccy,/mmdd) Mandatory 9 8 25
Violation Amount Optional 9 3 V99 33
Input Code Mandatory 9 1 38
Filler Space X 2 39
Total Record Len~]th 40