HomeMy WebLinkAboutK979 Interlocal Agreement DOR Contract Number:K979
BUSINESS LICENSING SERVICES AGREEMENT
I. Parties and Contact Information
This Business Licensing Services Agreement("Agreement") is entered into between the parties identified
below:
State of Washington City of Anacortes
Department of Revenue
Business Licensing Services
("Revenue") ("Partner")
Mailing PO Box 47475 PO Box 547
Address Olympia, WA 98504-7475 Anacortes, WA 98221
Delivery 6500 Linderson Way SW, Ste 102 904 6th Street
Address Tumwater, WA 98501 Anacortes, WA 98221
Contact Maria Moore Marcia Hunt
Person: Phone: (360) 705-6641 Phone: (360)299-1960
FAX: (360) 705-6699 FAX: (360)293-1928
E-Mail: mariam(a,dor.wa.gov E-Mail: marciahcityofanacortes.orq
II. Purpose.
The purpose of this Agreement is to establish the terms under which the Business Licensing Services
Division of the Department of Revenue will act as Partner's agent for the purpose of collecting,
processing, and disbursing information, licenses, and fees related to Partner's licensing or other
regulatory activities. Partner retains all power and authority over its business licensing and other
regulatory activities except as expressly delegated to Revenue under this Agreement.
III. Effective date.
This Agreement is effective as of(check one) : El (mm/dd/yyyy).
® the date of the last signature of the parties.
IV. Services provided by Revenue
Revenue will perform the services identified in this Section IV using best efforts in a manner
determined by Revenue in good faith to be appropriate considering objectives, costs, and
effectiveness.
• Distribute and process initial and renewal internet and/or paper-based applications for
Partner's business licensing and/or other regulatory activities.
• Collect and process license fees and licensing information received from applicants and
licensees. Disburse collected fees as directed by Partner.
• Issue Business License with Partner's license endorsement as authorized by Partner.
• Provide routine reports on Partner's business licenses as requested by Partner, which may
include daily lists of new business applications and renewals, fees processed each day, weekly
list of pending accounts, and lists of businesses for which fees have been transferred.
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DOR Contract Number:K979
• Maintain electronic or microfilm images of all paper documents and electronic representations of
electronic filings received by Revenue from applicants and provide copies or certified copies as
requested.
• Maintain a database containing information received from applicants and licensees(the BLS
Database).
• Provide technical assistance to establish and configure appropriate BLS Database access and
secure access for Partner staff.
• Provide initial training to Partner staff in the use of the BLS Database, and ongoing training to
address changes to the BLS database/access protocols or in Partner staff. Training will occur at
Partner's location, over the telephone, or online, as agreed upon by the parties.
• Effect reasonable modifications in the BLS system, database, process, or forms to accommodate
Partner's licensing or other regulatory requirements. Revenue will consult with Partner in
evaluating alternatives and determining the most feasible and timely means of achieving Partner
objectives.
• Timely notify Partner of other modifications to the BLS system, database, process, or forms,
including modifications accommodating other BLS partners.
V. Partner obligations
• Timely provide Revenue with all information requested to implement Partner's participation in the
BLS program.
• Follow all requirements identified by Revenue as necessary for participation in the BLS program,
including using :
o The Business License Application and other forms and processes established by
Revenue;
o The"Business License" document for proof of licensure under Partner's licensing or
regulatory program.
o The Unified Business Identifier(UBI) number to identify licensees and license accounts in all
communications with Revenue.
• Obtain and maintain at its own cost, all necessary equipment and on-line services required at
Partner's business location(s)to support Partner's access into and use of the BLS Database.
End-to-end testing will take place until such time as Revenue is satisfied.
• Ensure Partner Licensing and Information Technology staff are available to respond promptly to
Revenue. Partner staff will be knowledgeable of Partner operations and/or technology and be
able to assist Revenue staff with process improvements and/or troubleshooting.
• Provide timely advance notice to Revenue of potential changes to Partner business licensing
requirements, fees or processes.
• Upon request by Revenue, provide statistical data associated with the BLS Partner Partnership
Agreement such as Full Time Equivalent(FTE)savings, change in number of Partner licensees,
and change in revenue flow.
VI. Compensation
Services identified in this Agreement are provided by Revenue at no charge with the exception of the
following:
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DOR Contract Number:K979
• Partner shall reimburse Revenue for all fees charged by credit card processors and/or financial
institutions upon any funds charged, collected, or refunded by Revenue in processing
applications and/or collecting fees related to Partner's licensing or other regulatory activities.
• Partner shall reimburse Revenue the costs of developing and producing ad hoc informational
reports. Ad hoc reports will be created only if requested by the Partner and agreed-upon by
Revenue.
• Partner shall reimburse Revenue's expenses for the implementation of changes to the BLS
process, if requested by the Partner and agreed-upon by Revenue.
• All project coordination costs, including travel-related expenses, shall be absorbed by the
respective parties for their own staff.
• The Partner shall reimburse Revenue for Partner's share of mainframe charges from the
Department of Enterprise Services. Partner's share includes per inquiry/entry charge for access
and usage of the BLS system, costs required to transmit Word document reports, and costs
associated with ad hoc reports requested (if any).
VII. Billing procedures.
Partner will provide and maintain with Revenue its current billing addresses and the personnel, if any, to
whom invoices should be directed. Revenue shall submit invoices to Partner as-needed, but in no event
more frequently than monthly. Partner shall pay all invoices by warrant or account transfer within thirty
(30) calendar days of the invoice issue date. Upon expiration or termination of this Agreement, any claim
for payment not already made shall be submitted within ninety(90)calendar days after the
expiration/termination date or the end of the fiscal year,whichever is earlier.
VIII. Confidentiality and data sharing.
The parties agree to the confidentiality and data sharing provisions set forth in Exhibit A and incorporated
herein by this reference.
IX. Term and Termination.
This agreement is effective until terminated. Either party may terminate this Agreement upon ninety(90)
calendar days'prior written notice to the other party.
X. Disputes.
The parties agree to participate in good faith mediation to resolve any disputes that are not otherwise
resolved by agreement, prior to any action in court or by arbitration. At any time, either party may initiate
formal mediation by providing written request to the other party setting forth a brief description of the
dispute and a proposed mediator. If the parties cannot agree upon a mediator within fifteen (15)calendar
days after receipt of the written request for mediation, the parties shall use a mediation service that
selects the mediator for the parties. Each party shall be responsible for one-half of the mediation fees, if
any, and its own costs and attorneys'fees.
XI. Miscellaneous.
A. Governing Law and Venue. This Agreement shall be governed by the laws of the State of
Washington.Any action arising out of this Agreement must be commenced in Thurston County,
Washington.
B. Interpretation. This Agreement shall be interpreted to the extent possible in a manner consistent
with all applicable laws and not strictly for or against either party.
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DOR Contract Number:K979
C. No Waiver. The failure of either party to enforce any term in any one or more instance will not be
construed as a waiver or otherwise affect any future right to insist upon strict performance of the
term. No waiver of any term of this Agreement shall be effective unless made in writing and
signed by personnel authorized to bind the party against whom enforcement is sought.
D. Assignment and Delegation. Either party may assign any right or interest, or delegate any duty or
obligation, arising under this Agreement upon thirty (30)days written notice to the other party.
E. Severability. If any provision of this Agreement is held invalid by a court of competent jurisdiction,
the remaining provisions of this Agreement shall be given effect to the extent consistent with
applicable law and the fundamental purpose of this Agreement.
F. Survival. Terms of this Agreement which by their nature would continue beyond termination will
survive termination of this Agreement for any reason, including without limitation, Sections 3
through 7 in Exhibit A.
G. No third party beneficiaries. This Agreement is for the benefit of the parties and their successors
and may not be enforced by any non-party.
H. Amendments. No amendment to this Agreement is enforceable unless made in writing and
signed by personnel authorized to bind the party against whom enforcement is sought.
I. Merger and integration. This Agreement contains all the terms and conditions agreed upon by
the parties. No other understandings, oral or otherwise, regarding the subject matter of this
Agreement shall be deemed to exist or to bind any of the parties.
J. Changes in law. The provisions of this Agreement shall be deemed to change in a manner that is
consistent with any changes to any directly applicable statutory authority, provided that the
change is consistent with the manifest intent of this Agreement and does not conflict with any of
its express provisions. Any such change to this Agreement shall be effective on the effective date
of the change in authority.
IN WITNESS WHEREOF, this Agreement is executed effective as of the date specified above.
State of Washington City of Anacortes
Department of Revenue
Business Licensing Services
i(a?frvk 74/1-1‘/L1/7/
( fy } Date ate 9 1 2 3 // 3
Date
Template approved as to form Approved as to form
ON FILE
Rebecca Glasgow,
Assistant Attorney General for Washington State . 141) / 06 tU'a4
6712 rjb! 3 Date
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DOR Contract Number:K979
EXHIBIT A
CONFIDENTIALITY AND DATA SHARING
1. Purpose and Scope
The following provisions establish the terms under which Revenue and Partner will share Confidential
Licensing Information pursuant to the BLS Agency Partnership Agreement(the"Agreement").
2. Definitions
"Confidential Licensing Information" has the same meaning as"Licensing Information" under RCW
19.02.115(1) (b) and includes, but is not limited to, any information included in the master applications,
renewal applications, and master licenses under the business licensing service program. Confidential
Licensing Information is classified as at least Category 3 data under Washington's Standard for Securing
Information Technology Assets, OCIO Standard No. 141.10.
3. Confidentiality
Partner and Revenue each agree to keep confidential and secure from unauthorized use, access, or
disclosure, all Confidential Licensing Information received under the Agreement.
A. Ensuring Security: Partner and Revenue shall each establish and implement physical, electronic,
and managerial policies, procedures, and safeguards to ensure that all Confidential Licensing
Information received by it under this Agreement is secure from unauthorized use, access, or
disclosure.
B. Electronic Security: Partner's electronic security policies, procedures, and safeguards must be at
least as stringent as those set forth in Washington's Standard for Securing Information
Technology Assets, OCIO Standard No. 141.10, as amended from time to time.
C. Proof of Security. Revenue reserves the right to monitor, audit, or investigate Partner's security
policies, procedures, and safeguards for Confidential Licensing Information. Partner agrees to
provide information or proof of its security policies, procedures, and safeguards as reasonably
requested by Revenue.
4. Statutory Prohibition Against Disclosure; Secrecy Affidavit.
A. Criminal Sanctions. RCW 19.02.115 prohibits the disclosure of Confidential Licensing
Information, except as expressly authorized by RCW 19.02.115. It is a misdemeanor for any
person acquiring Confidential Licensing Information under this Agreement to disclose such
information in violation of the disclosure limitations stated in RCW 10.02.115. Additionally, if the
person is a state officer or employee, the person must forfeit such office or employment and is
incapable of holding any public office or employment in Washington for a period of two years
thereafter.
B. Partner will require employees with access to Confidential Licensing Information to sign a copy of
the secrecy affidavit attached at Exhibit B.
5. Authorized Use, Access, and Disclosure
A. Permitted Uses: Confidential Licensing Information may be used for official purposes only.
B. Permitted Access: Confidential Licensing Information may be accessed only by Partner's
employees and agents that have a bona fide need to access such information in carrying out
their official duties.
C. Permitted Disclosure: Confidential Licensing Information received under the Agreement must
not be disclosed to non-parties unless the disclosure is:
• permitted under an express disclosure exception in RCW 19.02.115;
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DOR Contract Number:K979
• ordered under any judicial or administrative proceeding; or
• otherwise expressly authorized by Revenue in writing.
D. Public Records Requests: In the event that Partner reasonably believes that it must
disclose information pursuant a Public Records Request, and Partner is prohibited from
disclosing such information under the terms of this Agreement, Partner must give notice to
DOR of its intention to disclose. The notice shall be provided at least 14 business days in
advance of disclosure, the notice shall contain a copy of the public records request, and the
notice shall reasonably identify the information that Partner believes is prohibited from
disclosure under this Agreement.
6. Breach of Confidentiality
In the event of any use, access, or disclosure of by Partner or its employees or agents in material
violation of the confidentiality terms of this Agreement:
A. Partner shall notify Revenue in writing as soon as practicable, but no later than three working
days, after determining that a violation has occurred.
B. Revenue may immediately terminate this Agreement and require the certified return or
destruction of all records containing Confidential Licensing Information, however, Revenue shall
provide Partner with an electronic record containing all information collected for Partner's
licensing or other regulatory activities in an electronic medium.
7. Ownership and Retention of Records
Records furnished to Partner in any medium remain the property of Revenue. However, except as
otherwise expressly provided in this Agreement, Partner may retain possession of all such records in
accordance with its own electronic information and document retention policies.
***''end"****
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