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HomeMy WebLinkAbout5.358 Original ContractDATE: June 29, 1995 TO: Becky Upton, City Clerk FROM: Garrett Thomas SUBJECT: Contract No. 94/1258 Amendment No. 1 An Interlocal Agreement between the Department of Licensing and the City of Port Angeles Enclosed please find the fully executed Amendment No. 1 to the noted agreement. This Amendment provides for the extension of this agreement through August 31, 1999. I have also enclosed the pertinent supporting documents. Should you have any question with regard to this matter please feel free to call upon me Betty. Respectfully submitted, f c-- Garrett B. Thomas Lieutenant Enclosures CTYCLERK 231 M231 MEMORANDUM 5. f>_ BY: AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING AND CITY OF PORT ANGELES 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, and City of Port Angeles, Data Processing, hereinafter referred to as "City 321 East Fifth Street, Port Angeles, Washington, pursuant to 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, of the agreement to read as follows: This agreement shall commence September 1, 1994 and will continue until terminated by either party as provided in Section 7 of this agreement or for a period of five years which ever occurs first. This agreement is void upon action of the state legislature enacting statutory prohibitions or failure to provide funding for the performance of the duties provided herein. 2. 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. 3. The parties signing below hereby affirm that they have the authority to bind their respective parties to the terms and conditions of this amendment. DEPAI TA ENT OF LICENSING DATE: f 02/9 Ap d 1 ved as to form only. ssistant Attorney General Contract No. 94/1258 Amendment No. 1 Dated: July 1, 1995 CITY F PORT AN' LES BY: /AO TI LE: c 1 Tr"*1 i a "-°I� DATE: 6 1 1 7 c June 27, 1995 I Captain Garrett Thomas Port Angeles Police Department City of Port Angeles 321 East 5th Street Port Angeles, Washington 98362 Dear Captain Thomas: Enclosed is a copy of fully executed amendment no. 1 to contract 94/1258, between the Department of Licensing and City of Port Angeles. This agreement provides vehicle information requested by magnetic tape through August 31, 1999. If you have any questions or need additional information, please call me at (360) 902- 3773. Thank you for your assistance. Sincerely, C., ack me Contracts Manager Title and Registration Services PO Box 2957 Olympia, WA 98507 -2957 STATE OF WASHINGTON DEPARTMENT OF LICENSING Olympia, Washington 98504 -8001 DATE: May 16, 1995 TO: Captain Garrett Thomas, PAPD FROM: Dennis C. Dickson, Sr. Assistant City Attorney RE: Extension of Interlocal Aareement With DOL I have reviewed the materials you forwarded together with the original Interlocal Agreement between the State of Washington Department of Licensing and the City of Port Angeles. I find no reason that we should not enter into an agreement extending this agreement. I note that the original agreement was executed by the City Manager. The extension should then be signed by the City Manager or his designee. The City Manager may deem it appropriate to obtain Council authori- zation on the consent agenda. Respectfully submitted, De is C. Dickson, Sr. Assistant City Attorney DCD:cb Attachments PDGT DM MEMORANDUM 1.0 PURPOSE INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARTMENT OF LICENSING AND CITY OF PORT ANGELES 2.0 PERIOD OF PERFORMANCE 3.0 STATEMENT OF WORK 95 IL 94/1258 1 Contract No: 94/1258 Date: September 1, 1994 This Interlocal Agreement is made and entered into by and between the Department of Licensing, hereinafter referred to as "DOL 210 11th Avenue Southwest, Post Office Box 2957, Olympia, Washington 98507 -2957, and City of Port Angeles, Data Processing, 321 East 5th Street, Port Angeles, Washington 98362, hereinafter referred to as "CITY pursuant to the authority granted by Chapter 39.34 RCW and RCW 46.12.370. The purpose of this agreement is to set forth the terms and conditions under which DOL will provide CITY with lists 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. This agreement shall become effective September 1, 1994 and will continue until terminated, as provided in Section 8 herein, or June 30, 1995, which ever comes first. 3.1 DOL will provide CITY with lists of vehicle owner names and addresses in response to CITY's request. CITY shall furnish magnetic tapes or other electronic media and such vehicle information shall be added directly to the magnetic tape or other provided media. 3.2 CITY shall provide list(s) of Washington state issued vehicle license number plates via magnetic tape, or other electronic media agreeable to DOL, compatible with DOL computer hardware and software. Magnetic tapes, or other electronic media, shall be in an input format and labeled as prescribed by DOL. 3.3 CITY shall use the information provided by DOL under this agreement only in connection with the enforcement of motor vehicle or traffic laws. CITY agrees to protect the confidentiality of the information and data to which it has access under this agreement. All vehicle records obtained through this agreement shall be used by CITY's employees and agents only in connection with the enforcement of motor vehicle or traffic laws as an agent or contractor for government agencies. CITY, or any of its employees, agents, or contractors, shall not furnish to any person, association, or organization a copy of any record, or any part thereof, released by DOL to CITY under this agreement for any reason, without the written consent of DOL. CITY shall adhere to any current or amended statutory or administrative rules regulating the right of privacy and confidentiality, which relate to such information. All exceptions to the above must be approved in writing by DOL, setting out any limitations or 5.35? 4.0 DELIVERY 4.1 CITY may deliver the magnetic tapes, or other electronic media, by what ever carrier they choose, to DOL facilities, Olympia, Washington, attention Production Services, marked for "98 Inquiry". Specific delivery address will be provided by DOL. 4.2 DOL will load the information onto CITY provided media and deliver to CITY f.o.b. DOL facilities, Olympia, Washington. 4.3 CITY shall arrange for common carrier pick up of media at DOL's facilities, Olympia, Washington, or at CITY's option, the media may be placed in campus delivery. 5.0 COMPENSATION DOL shall furnish the information and data under this agreement at no cost to CITY. DOL maintains the right to impose DOL's direct and indirect cost of rendering the service under this agreement. Any costs imposed shall be subject to a change in the agreement as provided in Section 15 herein. Both parties agree that DOL start-up expenses for this service have been absorbed by DOL. 6.0 DISPUTES Disputes arising under this agreement shall be resolved by a panel consisting of one representative from DOL, one representative from CITY, and a mutually agreed upon third party. The dispute panel shall thereafter decide the dispute with the majority prevailing. 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 of this agreement shall be in the Superior Court of Thurston County, Olympia, Washington. 7.0 TERMINATION 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 which is the subject of the exception. Either party may terminate this agreement upon thirty days written notice to the other party. In the event of termination of this agreement, the terminating party shall be liable only for performance rendered prior to the effective date of termination. 8.0 DISCLOSURE OF INDIVIDUAL NAMES AND ADDRESSES PROHIBITED 8.1 No name or address of any individual owner furnished by DOL to CITY shall be disclosed or published by CITY in any manner, or be used for mailing purposes, except as provided in Section 4.3 herein. 8.2 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, or for verification thereof, provided by DOL under this agreement, for the purpose of making any unsolicited business contact with the individuals named therein. The term "unsolicited business contact" means a contact that is intended to result in or promote the sale of, any goods or services to a person 95 IL 94/1258 2 named in the disclosed information. 9.0 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. 10.0 LIMITATION UPON ASSIGNMENT This agreement is not assignable by either party. 11.0 SAVINGS CLAUSE It is the belief 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 conflict between actions of or directions by the Legislature and provisions of this agreement during its term, the former shall prevail. 12.0 LIMITATION ON LIABILITY AND RESPONSIBILITY 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. 13.0 INDEMNIFICATION CITY agrees to and shall indemnify and hold harmless DOL and DOL's director and employees from any and all suits at law or equity, and from any and all claims, demands, or loss of any nature, including but not limited to all costs and attorney fees, arising from any incorrect or improper disclosure of individual names or addresses under this agreement; any defects in any of CITY's procedures followed or omitted or arising from the failure of CITY or its officers, employees, customers, or agents to fulfill any of its obligations under this agreement; or arising in any manner from any negligent act or omission by CITY or its officers, employees, customers, or agents. 14.0 NOTICES All notices concerning this agreement shall be sent to the parties at the addresses stated below: DOL Contracts Administrator, Title and Registration Services, Department of Licensing, PO Box 2957, Olympia, Washington 98507 -2957. City Manager Data Processing, City of Port Angeles, 321 East 5th Street, Port Angeles, Washington 98362. 95 IL 94/1258 3 15.0 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 herein, no alterations of any of the terms or conditions of this agreement will be effective without written consent of both parties. This provision shall not prevent any other effective agreements between the parties which are not inconsistent with the provisions of this agreement. The parties signing below hereby affiim that they have the authority to bind their respective parties to the terms of this agreement. 16.0 SUPERSESSION This agreement cancels and supersedes all previous agreements, either oral or written, for this service between DOL and CITY. EP TMEjICENSING T CITY OF PO GELES By: f By:, 7 S Title: Assistant Director Ti tle Gi H Qr-a .3RI Date: V O 17.—\94 Date: �rn /3, /991 Previously approved as to form only by the Assistant Attorney General, August 9, 1994, contract 95/1288. 95 IL 94/1258 4 May 2, 1995 Captain Garrett Thomas Port Angeles Police Department City of Port Angeles 321 East 5th Street Port Angeles, Washington 98362 Dear Captain Thomas: STATE OF WASHINGTON DEPARTMENT OF LICENSING Olympia, Washington 98504 -8001 Enclosed is two copies of proposed Amendment Number 1 to agreement number 94/1258, between the Department of Licensing and the City of Port Angeles. This agreement provides vehicle information requested by magnetic tape. The amendment will extent the agreement through August 31, 1999. The service provided pursuant to the agreement will continue to be furnished at no cost to your agency. Please sign and return both copies of the amendment. The department will then sign and sent you a fully executed copy for your files If you have any questions or need additional information, please call me at (360) 902- 3 773. Sincerely, ack ince Contracts Manager Title and Registration Services PO Box 2957 Olympia, WA 98507 -2957 October 18, 1994 Captain Garrett Thomas Port Angeles Police Department City of Port Angeles 321 East 5th Street Port Angeles, Washington 98362 Dear Captain Thomas: STATE OF WASHINGTON DEPARTMENT OF LICENSING Olympia, Washington 98504 -8001 P.O. Box 2957, Olympia, Washington, 98507 -2957 Enclosed is a copy of the fully executed agreement number 94/1258, between the Department of Licensing and the City of Port Angeles to receive the 98 Inquiry service. Please provide the official copy of the agreement to your treasurer for the county's permanent file. If you have any questions, please call me at (206) 902 -3760. Sincerely, a//7 7;; Nancy L. Varnum Title and Registration Services Enclosure 5. 3R 0