HomeMy WebLinkAbout01-134 - WA State Department of Licensing (DOL) - Vehicle and Vessel Record Information• mor-k5q-
AGREEMENT BETWEEN
WASHINGTON STATE DEPARTMENT OF LICENSING
AND
CITY OF TUKWILA
Control #
Date: November 29, 2001
THIS AGREEMENT is made and entered into by and between the WASHINGTON STATE
DEPARTMENT OF LICENSING, hereinafter referred to as "DOL", 1125 South Washington, Olympia,
Washington and CITY OF TUKWILAhereinafter referred to as USER, 6200 SOUTHCENTER BLVD
TUKWILA WA 98188.
This is a reimbursable services agreement to provide pubhc record information under RCW 46.12 370,
RCW 46.12.380, RCW 46.12.390, RCW 42.17.260, WAC 308-93-087, WAC 308-93-088 and chapter 308-
10 WAC.
This agreement supersedes any previous agreement to provide pubhc record information as set forth
herein, known or unknown, made between DOL and USER.
Section 1.0 PURPOSE OF AGREEMENT
DOL has established systems for disclosing vehicle and vessel record information, including
descriptions and ownership's, for inspection and copying as provided in chapters 42.17 RCW,
46.12 RCW, 308-10 WAC, and 308-93 WAC, from its offices in Olympia, Washington. This
agreement provides the terms and conditions under which such information is provided for
inspection and copying.
Section 2.0 STATEMENT OF WORK
2.1 DOL shall disclose vehicle and vessel records for inspection and copying when requested
by USER in writing, telephomc, over the Internet, and in person at DOL vehicle
hcensing counter Olympia, Washington. Each request for disclosure shall be
accompanied by the USER'S unique account code assigned by DOL and furnished under
separate cover.
The access code is a secured code for use by USER and USER'S employees only. USER
shall take all steps necessary to ensure the account code is accessible and used only by
authorized personnel. Any use of the assigned account code by persons other than
employees of the USER is grounds for immediate termination of this agreement as
provided in Section 13.0 herein.
2.2 USER may use any or all of the following options to request vehicle/vessel record
inspection or copies:
OPTION 1. Vehicle/Vessel Information Processing System (VIPS) provided by DOL
under separate cover fully describes and includes instruction for use.
Individual record information may be provided as authorized in RCW
The Department of Licensing has a policy of providing equal access to its services. This correspondence is available
tit alternate format. If you need special accommodation, please call (360) 902-3600 or TTY 664-8885.
ist
ORIGINALS
46.12.380 and WAC 308-93-087. This option provides voice inspection
and fazc back copy of the vehicle or vessel record requested. No payment
is required for inspection of records under this option. Vehicle/Vessel
inquiries made using this option may contain information that has not
been updated for 24 hours
USER and its employees or agents shall ensure the confidentiality of
vehicle/vessel records by protecting their account numbers and
passwords; by using hard to guess passwords; by regularly changing
passwords, particularly when there are changes in personnel; instituting
penalties for misuse of data; and assuring that employees are familiar
with the provisions of this contract. Passwords are to be changed at
least every ninety days
OPTION 2. Public telephone communication directly with DOL. Individual records
may be inspected as authorized in RCW 46.12.380 and WAC 308-93-087.
This option provides for DOL staff to inspect and voice relay the record
information and when requested, provide a print or photocopy of the
record. Payment is required for a DOL produced print or photocopy of
the record as provided in Section 4.0 herein. Vehicle responses received
using this option may contain information that has not been updated for
up to 48 hours. Vessel responses using this option may contain
information that has not been updated for up to seven days.
OPTION 3.
Written communication with DOL. Copy of an individual vehicle/vessel
record may be provided as authorized in RCW 46.12.380 and WAC 308-
93-087. Lists of individual records may be provided as authorized in
RCW 46.12.370 and RCW 42.17.260. Payment is required as provided in
Section 4.0 herein. Vehicle responses received using this option may
contain information that has not been updated for up to 48 hours. Vessel
responses using this option may contain information that has not been
updated for up to seven days.
OPTION 4. Internet Vehicle/Vessel Information Processing System (IVIPS) provided
by DOL under separate cover fully describes and includes instruction for
use. Individual record information may be provided as authorized in
RCW 46.12.380 and WAC 308-93-087. This option provides inspection of
the vehicle or vessel record requested through an Internet connection
between the USER and the Department. A nominal charge is required
per individual inquiry as provided in Section 4 0 herein. Vehicle
responses received using this option may contain information that has
not been updated for up to 48 hours. Vessel responses using this option
may contain information that has not been updated for up to seven days.
USER and its employees or agents shall ensure the confidentiality of
motor vehicle/vessel records by protecting their account numbers and
passwords; by using hard to guess passwords; by regularly changing
passwords, particularly when there are changes in personnel; instituting
penalties for misuse of data; and assuring that employees are familiar
with the provisions of this contract. Passwords are to be changed at
least every ninety days.
•
2.3 DOL shall be prompt in furnishing information not exempt from disclosure under
chapter 42.17 RCW, RCW 46.12.370, RCW 46.12.380, and WAC 308-93-087 to the extent
that proper performance of its official duties and obligations is maintained.
2.4 USER shall only use the information provided under this agreement for locating owners
of vehicels that are in violation of city ordinances. The information provided shall not be
used by USER or disclosed to any other person, for the purpose of making any
unsolicited business contact, or for a commercial purpose unless specifically authorized
or directed by law. The term "unsolicited business contact" means a contact that is
intended to result in, or promote, the sale of any goods or services to a person named in
the disclosed information. The term "commercial purpose" using or intending to use
information for the purpose of facilitating a profit -expecting business activity, except as
provided in RCW 46.12.380.
2.5 No name or address of any individual owner furnished by DOL to USER shall be
disclosed or published by USER in any manner, or be used for mailing purposes other
than those specified in this agreement.
2.6 This subsection shall not prevent USER 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 vand unless approved in writing by the
Director of DOL or his/her designated designee, accompanied by a statement of
conditions, if any, imposed on such approval, prior to the intended use of the information
that is the subject of the exception.
2.7 DOL retains the right to keep copies of the information released under this agreement in
its files for its own purposes or to furnish to others.
2.8 Whenever a request for information provided under this agreement is granted to an
attorney or private investigator, notice must be provided by the disclosing entity, no
later than the following business day of granting the information to the vehicle or vessel
owner to whom the information applies, that the information has been granted. The
notice shall include the name and address of the requesting party. When the disclosing
entity is USER, a copy of the notice shall be provided to DOL by U.S. Mail no later than
the following business day addressed as provided in Section 11.0 herein.
2.9 For purposes of this Section, a "private investigator" means a person licensed as a
private detective pursuant to chapter 18.165 RCW.
2.10 DOL may review USER's activities under this agreement to ensure compliance with the
hmitations imposed on the use of the information provided by DOL. DOL shall
immediately end this agreement and shall suspend or revoke for up to five years USER's
privileges to obtain vehicle record information from DOL if USER is found to be in
violation of this agreement, chapter 42.17 RCW, 46.12 RCW or 308-93 WAC.
Grounds for termination of this agreement include, but are not limited to:
(a) The unauthorized disclosure of information from a DOL record; or
(b) The use of a false representation to obtain information from DOL vehicle
records; or
(c) The use of information obtained from DOL vehicle and vessel records for a
purpose other than what is authorized in this agreement; or
• •
(d) The sale or other distribution of vehicle and vessel owner name or
address to another person is in violation of this agreement.
2.11 Upon written request from DOL, USER shall provide, within three business days, the
exact purpose for which any personal information provided under this contract was
used.
Failure to provide requested information to DOL may result in cancellation of
this agreement and other sanctions authorized under RCW 46.12.390.
2.12 All information released to the USER under this agreement by DOL shall be retained by
the USER for a period of three years from the year of release by DOL. (Example:
Information received during calendar year 1998 may be destroyed in December 2001
and so on.)
Section 3.0 PERIOD OF PERFORMANCE
This agreement shall begin on the date of execution by DOL, and continue until ended by either party
as provided in Section 13.0 herein or for a period of two years which ever occurs first. This agreement
may be extended under written mutual consent until a new contract is executed.
This agreement is void upon formal action of the state legislature enacting statutory prohibition or
failure to provide funding for the performance of the duties provided herein.
Section 4.0 CONSIDERATION
4.1 When Option 2 is used, USER agrees to pay DOL a fee covering DOL's direct cost for
copying records, not to exceed fifteen cents ($.15) for each photocopy, seventy five cents
($.75) for each copy of microfilm or microfiche, plus delivery costs. Fees will not be
charged unless the total charge is four dollars and fifty cents ($4.50) or more.
4 2 When Option 2 is used, USER agrees to pay DOL a fee of one dollar and fifty cents
($1.50) for each certification affixed to any print or photocopy, plus dehvery costs.
4.3 USER agrees to pay DOL a fee covering DOL's direct cost for computer generated lists.
The fee for each request shall be agreed upon prior to DOL disclosing the information.
4.4 When Option 4 is used, USER agrees to pay DOL a fee of $0.04 per inquiry through
IVIPS. An inquiry means any access to the Internet Vehicle/Vessel Information
Processing System (IVIPS) that retrieves a record or returns a "no file" indication.
4.5 USER agrees to make payment of all fees due under this agreement before or concurrent
with receiving the information requested. Payment shall be made by one of the
following methods:
A. USER may provide payment with each request for disclosure of information, or
B. USER may be billed monthly or quarterly for the actual usage at the rate set
forth in this section.
4.6 DOL maintains the right to increase or decrease the fees for rendering service under
this agreement. Any amendment to the fees shall be subject to a change in the
agreement as provided in Section 19.0. herein.
• •
Section 5.0 DISCLOSURE OF INDIVIDUAL NAMES AND ADDRESSES PROHIBITED
USER shall not furnish to any person, association, or organization any of the information, or part
thereof, obtained from DOL without prior written approval by DOL or as by this agreement provided.
Section 6.0 PROPRIETARY RIGHTS
USER shall not acquire any proprietary rights, exclusive or otherwise, to information obtained from
DOL.
Section 7.0 LIMITATION ON THE STATE'S LIABILITY AND RESPONSIBILITY
DOL shall not be liable for delays in furnishing information under this agreement nor shall DOL be
hable 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 USER has abided by the
terms of this agreement.
The State of Washington, DOL, the Director of DOL or any DOL employee shall not be liable for any
claim of any nature against USER by any party. Claims arising from but not limited to:
• Any failure in the service furnished by DOL under this agreement; or
• For any errors, mistakes or acts on the part of DOL or its agents which result in the failure to
properly release vehicle/vessel title interests;
• For any failure of DOL's equipment or software which fails to perform for any reason or for any
other loss or consequential damage which is a result of acts of God, strikes, lockouts, riots, acts of
war, epidemics, acts of fire,
• Failure of communications or computer equipment, facihties or software, power failures, nuclear
accidents or other disasters.
Section 8.0 HOLD HARMLESS
Each party to this agreement shall be responsible for its own acts and/or omissions and those of its
officers, employees and agents. No party to this agreement shall be responsible for the acts and/or
omissions of entities or individuals not a party to this agreement.
Section 9.0 LIMITATION UPON ASSIGNMENT
This agreement is not assignable by either party.
Section 10.0 NONDISCRIMINATION
During the terms of this agreement, the parties hereto agree to comply with the following
nondiscrimination requirements as well as applicable federal, state and local laws and regulations
governing equal employment opportunity.
No party shall, on the grounds of race, color, creed, rehgion, sex, marital status, national origin, age
sensory, mental or physical handicap or pohtical affiliation, discriminate against or deny employment as
a participant or staff person in connection with any function related to this agreement or to be
performed in connection therewith.
Section 11.0 NOTICES
All notices concerning this agreement shall be sent to the parties at the addresses stated below:
• •
DOL - Contracts Specialist, Title and Registration Services, Post Office Box 2957, Olympia, Washington
98507-2957. Telephone number (360) 902-3760.
CITY OF TUKWILA - RHONDA BERRY, 6200 SOUTHCENTER BLVD TUKWILA WA 98188.
TELEPHONE NUMBER: 206-431-3682.
Section 12.0 OWNERSHIP OF EQUIPMENT AND SOFTWARE
All equipment and software furmshed by DOL or by USER shall remain the property of the furnishing
party and the party shall retain full title and all rights associated with ownership. The equipment shall
not become fixtures. Neither party shall encumber or permit an encumbrance upon, the other party's
title to the equipment or software or to the equipment or software itself, in any manner.
Section 13.0 TERMINATION
Any violation of the restrictions, conditions or requirements contained in this agreement constitute
grounds for DOL to end this agreement immediately.
This agreement may be ended by either party upon giving thirty (30) days written notice to the other
party; provided, either party may end the agreement immediately for breach by the other party of any of
its obligations under the agreement.
In the absence of actual delivery to and receipt by either party by mail or other means at an earlier date
and/or time. 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 11.0 herein.
Section 14.0 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 dispute panel. The panel shall consist of
one member appointed by the Director of DOL, one member appointed by USER, 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 15.0 PAYMENT IN THE EVENT OF TERMINATION
In the event either party without fault on the part of the other party ends this agreement, each party
shall be liable for the actual cost they have incurred during their performance under this agreement.
Neither party shall be obligated to the other party for such cost; except that all fees owed by USER to
DOL shall continue to be due and payable as provided in Section 4 herein.
Section 16.0 INDEPENDENT STATUS OF DOL
DOL and DOL employees and agents shall perform all duties pursuant to this agreement as an
independent agency from USER and not in any manner as officers, agents or employees of USER. All
references in this agreement to DOL shall include its agents and employees. USER shall not withhold
or pay any taxes or insurance under this agreement. This provision shall not preclude DOL from
representing USER in fulfilling tasks and services specified in this agreement.
Section 17.0 REMEDY OF TERMINATION
• •
In addition to all other remedies that may be available to DOL. Termination of this agreement or
release of DOL from the obligations of the agreement shall not be deemed to be an exclusive remedy.
Termination of agreement shall release DOL from all obligations whatever under this agreement but
shall not bar DOL from pursuing any remedies which it would otherwise have against USER.
Section 18.0 SAVINGS CLAUSE
It is the belief of all parties that all provisions of this agreement are lawful. If by court decision or
opinion of the Washington State Attorney General any section of this agreement should be found to be
contrary to existing law, the agreement shall not be affected. 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.
Section 19.0 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, understanding or
agreements, not contained in this agreement or written amendment hereto shall not be binding on
either party. No alteration of any of the terms or conditions, of this agreement, will be effective without
the written consent of both parties. However, this provision shall not prevent any other effective
agreements between the parties which is not inconsistent with the provisions of this agreement.
Section 20.0 AFFIRMATION OF AGREEMENT
The parties signing below hereby affirm they have the authority to bind their respective parties to the
terms and conditions of this agreement.
DEPARTMENT OF LICENSING CITY O TUKWILA
BY: BY:
Yv\
PRINT NAME: KATHERINE IYALL VASQUEZ PRINT NAME:W V LJ M • /Y1 u L
TITLE:Licensing Service Manager
TITLE: A yorz
DATE: DATE: l 2-` loi
Contact Name: RHONDA BERRY
Contact Phone• 206-431-3682
If above information is incorrect, please change
and initial.
11/29/01 09:54
�/��srt7t or w z jcrow
l CEnsinc
FAX 206 4833 CITY TL`KA'ILA
MOTOR VEHICLE /VESSEL RECORD
DISCLOSURE REQUEST APPLICATION
REQUESTOR INFORMATION
Z1002 ie.,
NAMCIFLGASG PRINT COMPANY AND/OR INOIVIOUAL NAMe)
DATE OP 11EOUEST
PNONG KAISER
City of Tukwila (Code Enforcement Division)
11/25/01
(206 )431-3682
MAItJNO AOuRGES (NUMEEF AND STFIE ) are STATE 2115 CODE
FAX NUMDCA
6200 Southcenter Blvd. Tukwila WA 98188
(206) 433-1833
1. TYPE OF INFORMATION OR SPECIFIC RECORD(S) REQUESTED
(Not all vehicle/vessel information may be available for every request. State and/or Federal law may restrict the release
of some information.)
Individual names and addresses of licensed vehicles and/or vessels.
If the request Is for a specific motor vehicle / vessel, please indicate:
PLATE / REGISTRATION NUMBER VIN / MIN NUMBER
2. Explain in detail the reason(s) for which the information is requested and how it will be used. (Use additional
sheets If necessary.)
This information will be used by the City's Code Enforcement Officer to
locate the owner names and addresses of vehicles that are in violation
of the City's nuisance ordinances. Upon receipt of a complaint of a
nuisance or violating vehicle, ownership/registration information will
be requested through VIPS so that person can be contacted by letter and
notified of the violation, in order to alleviate the complaint.and/or
3. Will personal information be provided to others? ® NO 0 YES (If YRS explain)
4. Will owner(s) of record be contacted? 0 NO it YES (If YES explain how and why)
Owners will receive a correction notice requesting compliance with City
codes for removal of the identified vehicle(s).
THE REQUESTER IS: (Mark all that apply and attach appropriate documentation.)
❑ An attorney (attach copy of business license or bar card number) ❑ A private investigator (attach copy of Private Detective license)
❑ A business ent(ty (refer to reverse for appropriate documents) ❑ A non-profit organization (refer to reverse for appropriate documents)
o A commercial parking company (same as for business entity) 0 An individual (refer to reverse for appropriate documents)
® A government agency Federal Tax ID 91-6001519
For Official Use Only
Application received
ACTION TAKEN
DATE
Reviewed byOn
NAME
0 APPROVED ❑ DENIED (See attached letter)
DATE
The Ooparlmenl or Licensing has a policy of providing equal access to its sav,vices.
TD -420431 v6NICLt,NESSEL DISCLOSURE APPL (Rn t/vo}OR Page 1 a 2 (w)11 you need special accommodation, please call (360) 902-3600 or TTY (360) 664-8885.
1129%01 09:55 FAX 206 1833
CITY TUKWILA
W1003
APPROPRIATE DOCUMENTATION TO ATTACH TO REQUEST.
A business entity - Must provide a copy of the unexpired Washington Registrations and Licenses document
(Master Business License), or City or County Business License.
For businesses outside this state - Must provide a copy of the unexpired business license issued by the out-of-
state jurisdiction where the business entity is authorized to do business or the business i_TBI number or
Federal Tax ID number.
A non-profit organization - Must provide a copy of the Articles of Incorporation, filed with the Secretary of
State, or a copy of Tax Exempt Status from the Internal Revenue Service [501(c)(3)1.
An individual - To avoid unauthorized disclosure of information:
• (a) An individual who appears in person to request a copy of his/her motor vehicle/vessel record shall provide
proof of identity (a document containing an official photograph and indicating the requester's name), and a
completed and signed request form.
• (b) An individual who mails a request for his/her own motor vehicle/vessel record shall supply a notarized copy
of the request form.
▪ (c) An individual who appears in person requesting another person's motor vehicle/vessel record(e) shall provide:
Proof of identity; a completed and signed request form.
• (d) An individual requesting another person's motor vehicle/vessel record(s) by mail shall provide: a notarized
upy of the request form.
• (e) An individual acting as the parent of a minor or the legal guardian of the individual to whom a motor vehicle/
vessel record pertains shall provide a notarized copy of the request form. A parent or legal guardian may act
only for a living individual, not for a dacedent.
Agreement to protect information and lists of individuals from use for a commercial purpose
Except as provided for in 18 ITSC Sec. 2721 (DPPA), RCW 46.12.370, 46.12.380 and WAC 308-93-087 I hereby agree
that the information provided me by the Department of Licensing shall not be divulged to any third party, shall not
be used for commercial purpose by any other individual or organization I represent and that I will protect the
information from access by anyone who may use it for purposes of contacting the individuals named therein or
otherwise personally affecting them in the furtherance of any profit-seeking activity.
If signing on behalf' of another person, enter:
I deck ,e under penalty of per)
NAME OF WARD OR MINOR CHILD RELATIONSHIP
under the laws of the State of Washington that the foregoing is true and correct.
elf er.
RsQUGSTG-'S SIGNATURE
Rhonda Berry
DAT! 11/29/01
NOTARY IVECO i'A111kie` 1 NOTARIZATION / CERTIFICATION
V�
P. wield ! State of Washington Signed or attested
f �Q`,SSIaNF- .j�� County of Ki n before meon November 29 2(1(17
/ � oli
i m : a NOTARYi'• �y Berry Signature
V ---+ ca • 1 1 wt•tl Nun• of P3rm ;wing Document N�ury / Ayent u
'' - j'UBuo I � Notary's Name (PRINTED or STAMPED) Bt=4'e r-1 y A . LJt `s. ---,.,_i/ 11 c.!
tr%�OF _ 1 Tide Nosh-^—i
AND: County / Office No. OR .67:2 9/0,3
���� WAS 1
Notary/ Agent J Notary Expiration Date
PLEASE MAIL OR FAX COMPLETED APPLICATION AND SUPPORTING DOCUMENTATION TO:
DEPARTMENT OF LICENSING FAX # (360) 902-3827
ATTN PUBLIC DISCLOSURE ATTN PUBLIC DISCLOSURE
PO BOX 2957
OLYMPIA WA 98507-2957
TD -424531 VEHICLENESSEL DISCLOSURE APDL (Nl tloo>OR Page 2 a12 (W)