HomeMy WebLinkAboutRes2021-096 Sponsored by: Bower
CITY OF SEWARD, ALASKA
RESOLUTION 2021-096
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD,
ALASKA, AUTHORIZING THE CITY MANAGER TO ENTER INTO A
CONTRACT AGREEMENT BETWEEN THE CITY OF SEWARD,
ALASKA AND THE STATE OF ALASKA DEPARTMENT OF
ADMINISTRATION, DIVISION OF MOTOR VEHICLES TO OPERATE
THE CITY OF SEWARD DIVISION OF MOTOR VEHICLES OFFICE
WHEREAS, the City of Seward has entered into a contract with the Division of Motor
Vehicles for many years; and
WHEREAS, the current DMV contract is due for a three-year renewal to expire June 30,
2024; and
WHEREAS,the DMV pays the City of Seward 30%of the fees collected from boat, snow
machine and ATV transactions; and
WHEREAS, the DMV pays the City of Seward 30% of the fees collected from motor
vehicle transactions, excluding Motor Vehicle Registration Tax and Surety Bond deposits; and
WHEREAS, the DMV pays 50% of the fees collected from driver's license and
identification card transactions; and
WHEREAS,the DMV pays 100% of the fees collected from road tests; and
WHEREAS, the funds paid to the City of Seward by the State of Alaska Department of
Administration are used to offset a portion of the costs associated with operating the Seward DMV
office.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SEWARD, ALASKA that:
Section 1. The City Manager is hereby authorized to enter into a contract with the State of
Alaska Department of Administration, Division of Motor Vehicles to provide for the City of
Seward to operate the Seward Division of Motor Vehicles office.
Section 2.This resolution shall take effect immediately upon adoption.
PASSED AND APPROVED by the City Council of the City of Seward, Alaska, this 13th
day of September 2021.
CITY OF SEWARD, ALASKA
RESOLUTION 2021-096
4.1
T • IT IF SE/ ARD : - ' v..
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CI is Terry, M- or
AYES: Osenga, Seese, Baclaan, Casagranda, DeMoss, McClure,
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
Brenda J. Ballou, MC
City Clerk
(City Seal)......,.,,,,,.
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City Council Agenda Statement ' F M
Meeting Date: September 13, 2021 -
To: City Council
Through: Janette Bower, City Manager
From: Alan Nickell, Chief of Police
Agenda Item: Resolution 2021-096: Authorizing the City Manager to Enter into a Contract
Agreement Between the City of Seward, Alaska and the State of Alaska
Department of Administration, Division of Motor Vehicles to Operate the
City of Seward Division of Motor Vehicles Office
Background and justification:
The City of Seward has entered a contract with the State for many years to operate the DMV office
in Seward. The current contract is due for a three-year renewal to expire June 30, 2024.
The DMV pays the City of Seward:
• 30% of the fees collected from boat, snow machine and ATV transactions.
• 30% of the fees collected from motor vehicle transactions, excluding Motor Vehicle
Registration Tax and Surety Bond deposits.
• 50% of the fees collected from driver's license and identification card transactions.
• 100% of the fees collected from road tests.
The funds paid to the City of Seward by the State of Alaska Department of Administration are used
to offset a portion of the costs associated with operating the Seward DMV office.
Consistency checklist:
Comprehensive Plan: N/A
Strategic Plan: N/A
Other: N/A
Fiscal note:Upon approval of this contract,the 2022 budget will include$60,615 in DMV revenue
within the General Fund.
Finance Department approval:
Attorney Review:
Yes ❑ No F Not applicable ❑
Recommendation
City Council approve Resolution 2021-096.
STANDARD AGREEMENT FORM FOR PROFESSIONAL SERVICES
The parties' contract comprises this Standard Agreement Form,as well as its referenced Articles and their associated Appendices
1.Agency Contract Number 2.Contract Title 3. Agency Fund Code 4.Agency Appropriation Code
575 COMMISSION AGENT
5.Vendor Number 5.IRIS GAE Number(if used) Y_Alaska Business License Number
This contract is between the State of Alaska,
8. Department of Division
ADMINISTRATION MOTOR VEHICLES hereafter h n
9.Contractor
CITY OF SEWARD hereafter the contractor
Mailing Address Street or P.O. Box City State ZIP+4
P.O.BOX 167,SEWARD,AK 99664
10.
ARTICLE 1. Appendices:Appendices referred to in this contract and attached to it are considered part of it.
ARTICLE 2. Performance of Service:
2.1 Appendix A(General Provisions),Articles 1 through 16,governs the performance of services under this contract.
2.2 Appendix B sets forth the liability and insurance provisions of this contract.
2.3 Appendix C sets forth the services to be performed by the contractor.
DMV COMMISSION AGENT PARTICIPATION AGREEMENT
ARTICLE 3. Period of Performance:The period of performance for this contract begins 07/01/2021 and
ends 06/30/2024
ARTICLE4. Considerations:
4.1 In full consideration of the contractor's performance under this contract,the State shall pay the contractor a sum not to exceed
$0 in accordance with the provisions of Appendix D.
4.2 When billing the State,the contractor shall refer to the Authority Number or the Agency Contract Number and send the billing to:
11. Department of Attention: Division of
ADMINISTRATION MOTOR VEHICLES
Mailing Address Attention:
3901 OLD SEWARD HWY,STE 101,ANCHORAGE,AK 99503 CONTRACT SERVICES
12. CONTRACTOR
Name of Firm 14. CERTIFICATION: I certify that the facts herein and On supporting
documents are correct,that this voucher constitutes a legal charge
CITY OF SEWARD against funds and appropriations cited, that sufficient funds are
encumbered to pay this obligation, or that there is a sufficient
Signature of Authorized Representative Date balance in the appropriation cited to cover this obligation. I am
aware that to knowingly make or allow false entries or alternations
on a public record, or knowingly destroy, mutilate, suppress,
Typed or Printed Name of Authorized Representative conceal, remove or otherwise impair the verity, legibility or
availability of a public record constitutes tampering with public
records punishable under AS 11.56.815-.820. Other disciplinary
Title action may be taken up to and including dismissal.
13. CONTRACTING AGENCY Signature of Head of Contracting Agency or Date
Designee
Department/Division Date 5/10/21
DOA/DMV 5/10/21
Signature of Project Director Typed o rinted Name
Jenna Wright, Deputy Director
Typed or Printed Name of Projec hector Title
Jenna Wright, Deputy Director
re—
NOTICE! This contract has no effect until signed by the head of contracting agency or designee.
02-093(Rev."141 SAF.nOC
APPENDIX A
GENERAL PROVISIONS
Article 1. Definitions.
1.1 In this contract and appendices,"Project Director"or"Agency Head"or"Procurement Officer"means the person who signs this contract on behalf of the
Requesting Agency and includes a successor or authorized representative.
1.2 "State Contracting Agency"means the department for which this contract is to be performed and for which the Commissioner or Authorized Designee acted
in signing this contract.
Article 2.Inspections and Reports.
2.1 The department may inspect,in the manner and at reasonable times it considers appropriate,all the contractor's facilities and activities under this contract,
2.2 The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.
Article 3. Disputes.
3.1 If the contractor has a claim arising in connection with the contract that it cannot resolve with the State by mutual agreement,it shall pursue the claim,if at
all,in accordance with the provisions of AS 36.30,620—632.
Article 4. Equal Employment Opportunity.
4.1 The contractor may not discriminate against any employee or applicant for employment because of race,religion,color,national origin,or because of age,
disability,sex,marital status,changes in marital status,pregnancy or parenthood when the reasonable demands of the positions)do not require distinction
on the basis of age,disability,sex,marital status,changes in marital status,pregnancy,or parenthood.The contractor shall take affirmative action to insure
that the applicants are considered for employment and that employees are treated during employment without unlawful regard to their race,color,religion,
national origin,ancestry,disability,age,sex,marital status,changes in marital status,pregnancy or parenthood.This action must include,but need not be
limited to,the following: employment,upgrading,demotion,transfer,recruitment or recruitment advertising,layoff or termination,rates of pay or other
forms of compensation,and selection for training including apprenticeship.The contractor shall post in conspicuous places,available to employees and
applicants for employment,notices setting out the provisions of this paragraph.
4.2 The contractor shall state,in all solicitations or advertisements for employees to work on State of Alaska contract jobs,that it is an equal opportunity
employer and that all qualified applicants,vill receive consideration for employment without regard to race,religion,color,national origin,age,disability,
sex,marital status,changes in marital status,pregnancy or parenthood.
4.3 The contractor shall send to each labor union or representative of workers with which the contractor has a collective bargaining agreement or other contract
or understanding a notice advising the labor union or workers'compensation representative of the contractor's commitments under this article and post copies
of the notice in conspicuous places available to all employees and applicants for employment.
4.4 The contractor shall include the provisions of this article in every contract,and shall require the inclusion of these provisions in every contract entered into
by any of its subcontractors,so that those provisions will be binding upon each subcontractor.For the purpose of including those provisions in any contract
or subcontract,as required by this contract,"contractor"and"subcontractor"may be changed to reflect appropriately the name or designation ofthe parties
of the contract or subcontract.
4.5 The contractor shall cooperate frilly with State efforts which seek to deal with the problem of unlawful discrimination,and with all other State efforts to
guarantee fair employment practices under this contract,and promptly comply with all requests and directions from the State Commission for Human Rights
or any of its officers or agents relating to prevention of discriminatory employment practices.
4.6 Full cooperation in paragraph 4.5 includes,but is not limited to,being a witness in any proceeding involving questions of unlawful discrimination if that is
requested by any official or agency of the State of Alaska;pennitting employees of the contractor to be witnesses or complainants in any proceeding
involving questions of unlawful discrimination,if that is requested by any official or agency of the State of Alaska;participating in meetings;submitting
periodic reports on the equal employment aspects of present and future employment;assisting inspection of the contractor's facilities;and promptly
complying with all State directives considered essential by any office or agency of the State of Alaska to insure compliance with all federal and State laws,
regulations,and policies pertaining to the prevention of discriminatory employment practices.
4.7 Failure to perform under this article constitutes a material breach of contract.
Article 5. Termination.
The Project Director,by written notice,may terminate this contract,in whole or in part,when it is in the best interest of the State.In the absence of a breach of contract
by the contractor,the State is liable only for payment in accordance with the payment provisions of this contract for services rendered before the effective date of
termination.
Article 6. No Assignment or Delegation.
The contractor may not assign or delegate this contract,or any part of it,or any right to any of the money to be paid under it,except with the written consent of the
Project Director and the Agency Head.
Article 7. No Additional Work or Material,
No claim for additional services,not specifically provided in this contract,performed or furnished by the contractor,will be allowed,nor may the contractor do any
work or furnish any material not covered by the contract unless the work or material is ordered in writing by the Project Director and approved by the Agency Head.
Article S. Independent Contractor.
The contractor and any agents and employees of the contractor act in an independent capacity and are not officers or employees or agents of the State in the
performance of this contract.
Article 9. Payment of Taxes.
As a condition of performance of this contract,the contractor shall pay all federal,State,and local taxes incurred by the contractor and shall require their payment by
any Subcontractor or any other persons in the performance of this contract.Satisfactory performance of this paragraph is a condition precedent to payment by the State
under this contract.
Article Ill. Ownership of Documents.
All designs,drawings,specifications,notes,artwork,and other work developed in the performance of this agreement are produced for hire and remain the sole property
of the State of Alaska and may be used by the State for any other purpose.vithout additional compensation to the contractor,The contractor agrees not to assert any
rights and not to establish any claim under the design patentor copyright laws.Nevertheless,if the contractor does mark such documents with a statement suggesting
they are trademarked,copyrighted,or otherwise protected against the State's unencumbered use or distribution,the contractor agrees that this paragraph supersedes any
such statement and renders it void.The contractor,for a period of three years after final payment under this contract,agrees to furnish and provide access to all retained
materials at the request of the Project Director.Unless otherwise directed by the Project Director,the contractor may retain copies of all the materials.
Article l 1. Covcrning Law;Forum Selection
This contract is governed by the laws of the State of Alaska.To the extent not otherwise governed by Article 3 of this Appendix,any claim concerning this contract
shall be brought only in the Superior Court of the State of Alaska and not elsewhere.
Article 12. Conflicting Provisions.
Unless specifically amended and approved by the Department of Law,the terms of this contract supersede any provisions the contractor may seek to add.The
contractor may not add additional or different terns to this contract;AS 45.02.207(b)(1).The contractor specifically acknowledges and agrees that,among other things,
provisions in any documents it seeks to append hereto that purport to(1)waive the State of Alaska's sovereign immunity,(2)impose indemnification obligations on the
State of Alaska,or(3)limit liability of the contractor for acts of contractor negligence,are expressly superseded by this contract and are void.
Article I3. Officials Not to Benefit.
Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees.
Article 14. Covenant Agninst Contingent Fees.
The contractor warrants that no person or agency has been employed or retained to solicit or secure this contract upon an agreement or understanding for a commission,
percentage,brokerage or contingent fee except employees or agencies maintained by the contractor for the purpose of securing business. For the breach or violation of
this warranty,the State may terminate this contract without liability or in its discretion deduct from the contract price or consideration the full amount of the
commission,percentage,brokerage or contingent fee.
Article 15. Compliance.
In the performance of this contract,the contractor must comply with a]I applicable federal,state,and borough regulations,codes,and laws,and be liable for all required
insurance,licenses,permits and bonds.
Article 16. Force;Nlajeure:
The parties to this contract are not liable for the consequences of any failure to perform,or default in performing,any of their obligations under this Agreement,if that
failure or default is caused by any unforeseeable Force Me jeure,beyond the control of,and without the fault or negligence of,the respective party.For the purposes of
this Agreement,Force Majeure will mean war(whether declared or not);revolution;invasion;insurrection;riot;civil commotion;sabotage;military or usurped power;
lightning;explosion;fire;storm;drought;flood;earthquake;epidemic;quarantine;strikes;acts or restraints ofgovemmental authorities affecting the project or directly
or indirectly prohibiting or restricting the furnishing or use of materials or labor required;inability to secure materials,machinery,equipment or labor because of
priority,allocation or other regulations of any governmental authorities.
APPENDIX 13r
INDEMNITY AND INSURANCE
Article 1.Indemnification
The Contractor shall indemnify,hold harmless,and defend the contracting agency from and against any claim of,or liability for error,omission or negligent act ofthe
Contractor under this agreement.The Contractor shall not be required to indemnify the contracting agency for a claim of,or liability for,the independent negligence of
the contracting agency.If there is a claim of,or liability for,the joint negligent error or omission ofthe Contractor and the independent negligence ofthe Contracting
agency,the indemnification and hold harmless obligation shall be apportioned an a comparative fault basis."Contractor"and"Contracting agency",as used within this
and the following article,include the employees,agents and other contractors who are directly responsible,respectively,to each,The term"independent negligence"is
negligence other than in the Contracting agency's selection,administration,monitoring,or controlling ofthe Contractor and in approving or accepting the Contractor's
work.
Article 2.Insurance
Without limiting contractor's indemnification,it is agreed that contractor shall purchase at its own expense and maintain in force at all times during the performance of
services under this agreement the following policies of insurance.Where specific limits are shoum,it is understood that they shall be the minimum acceptable limits.If
the contractor's policy contains higher limits,the state shall be entitled to coverage to the extent of such higher limits.Certificates of insurance must be furnished to the
contracting officer prior to beginning work and must provide for a notice of cancellation,non-renewal,or material change of conditions in accordance with policy
provisions.Failure to furnish satisfactory evidence of insurance or lapse ofthe policy is a material breach ofthis contract and shall be grounds for termination ofthe
contractor's services.All insurance policies shall comply with and be issued by insurers licensed to transact the business of insurance under AS 21,
2.1 Workers'Compensation Insurance:The Contractor shall provide and maintain,for all employees engaged in work under this contract,coverage as required
by AS 23.30.045,and,where applicable,any other statutory obligations including but not limited to Federal U.S.L.&H,and Jones Act requirements.The policy
must waive subrogation against the State.
2.2 Commercial General Liability Insurance:covering all business premises and operations used by the Contractor in the performance ofservices under this
agreement with minimum coverage limits of$300,000 combined single limit per claim.
2.3 Commercial Automobile Liability Insurance:covering all vehicles used by the Contractor in the performance of services under this agreement with
minimum coverage limits of$300,000 combined single limit per claim.
DMV
COMMISSION AGENT
PARTICIPATION AGREEMENT
THIS AGREEMENT IS BETWEEN
The State of Alaska,Department of Administration,Division of Motor Vehicles,hereafter"DMV"
AND
CITY OF SEWARD, hereafter"Commission Agent"
LOCATED AT
P.O. BOX 167, SEWARD,AK 99664
I. GENERAL PROVISIONS
A. Term.
1. This Agreement is for a three-year term and will be in effect from the date signed by both parties until it
expires and terminates on June 30,2024.The Commission Agent may file an application for a new
Agreement;in order to be considered by the DMV,the application must be received by D1VIV at least 30
days before the end of the term. If the application is timely received,DMV will approve or deny the
application at least 15 days before the end of the term.
B. Definitions.In this Agreement,
I. "Commission Agent"means the signatory government agency that is authorized to do all DMV transactions
to include Class D,M1,and all commercial class road tests and to receive a commission for those selvices.
2. "Agent Representative"means the Commission Agent staff trained by DMV to conduct DMV transactions
and procedures.
3. "Performance Road Test Examiners" means the Commission Agent staff trained by D1bN, or a person
designated by DMV to administer Class D non-commercial,M1,and all CDL class A,B,and C.commercial
road tests.
4. Class"D"means non-commercial driver's license for passenger vehicles.
5. "M1"means motorcycle driver's license.
6. Class"A,""B,"and"C"are all commercial class licenses.
7. "STAR"means Skill Test Appointment and Reporting,a Nveb-based program used to schedule road tests
and report results.
S. "Contract Services"means the working group at DMV that manages and oversees the Commission Agent
Participation Agreements.
9. "Accountable Inventory"means documents owned by the DMV but used by Commission Agent
processing DMV transactions for the general public and includes temporary permits,license plates,
titles,validation tabs,snow machine/ATV and boat year tabs,and decals.
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10. "ALVIN"means the Alaska License and Vehicle Information Network,the database of the DMV.
11. "VPN"means Virtual Private Network and is the software that allows use of a third-party computer system
to bypass the State's firewall to access the DMV's information on ALVIN.
12. "Batch"means all transactions and supporting documentation completed under a Batch Control Number.
13. "Batch Control Number"means a number assigned by ALVIN to designate a data entry batch.
14. "MOVEit" means a web-based application used to safely and securely transmit batch work electronically
from the Commission Agent to DNRT.
C. Qualifications.
A Commissioned Agent must be a government agency within the State of.Alaska.
II. RESPONSIBILITIES OF DMV
A. Authorization under the DMV Commission Agent Participation Agreement.
1. DMV will permit the Commission Agent to process DIVIV transactions as specified in this Agreement.
The authority granted under this Agreement is non-transferable.
B. Administration
DMV-,will:
1. Provide the Commission Agent with accountable documents, and information necessary to issue
driver licenses and identification cards; process motor vehicle titles,boat,snow machine/ATVand
motor vehicle registrations;and conduct performance road tests.
2. If the Commission Agent has already been provided with start-up equipment necessary to conduct
DIVIV transactions (computer, software,printer, camera,barcode scanner, and vision testing
device), this equipment is property of the State of Alaska and therefore shall not be used for
anything other than what is specified in this Agreement.
3. Provide the Commission Agent's designated employee(%) with initial training to become an Agent
Representative and as a prerequisite to the employee(s): issuing and/or processing documents under
this Agreement;conducting performance road tests;updating existing information in ALVIN;and
performing all other duties and obligations of the Commission Agent under this Agreement. Training
should be scheduled 30 days in advance, and DIVIV may provide training sooner than 30 days,
depending on availability of trainers. The initial training will include providing each Agent
Representative with a unique password for access to ALVIN,instruction to process title and
registration transactions, driver licenses and identification cards,knowledge and road skills tests.All
travel expenses are the responsibility of the Commission Agent.
4. Provide the Agent Representative(s) with follow-up training as deemed necessary by DMV and/or
Commission Agent. Training should be scheduled 30 days in advance,and DMV may provide training
sooner than 30 days,depending on availability of trainers. All travel expenses are the responsibility of
the Commission Agent.
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5. At DM`V's discretion,DMV may,if requested by the Commission Agent,provide an additional week
of one-on-one training at the Commission Agent's location. All travel expenses-,vill be the
responsibility of the Commission Agent. This additional training is available after the initial New
Hire Training and the follow-up training has been completed.
6. Provide the Commission Agent with access to on-line Standard Operating Procedures (SOP) manual
containing written standards relating to processing documents under this agreement. The SOP
manual will establish system operations, data reporting,accounting for funds collected,and revenue
transmission to the State.The SOP manual will be revised as determined necessary by the DMV.
7. Dlvf\r will provide updates and revisions to the SOP manual via email to the Commission Agent.
8. Evaluate the Commission Agent on a continuing basis to ensure compliance with this Agreement and
adherence to state statutes,regulations, and DMV policies and procedures. DMV may conduct on-site
audits for the duration of this Agreement.
9. Authorize the Commission Agent,in consideration for the seivices provided above, to retain the
following commission from funds collected on behalf of the state:
30% of the fees collected from boat and snow machine/ATV
transactions;
30% of the fees collected from motor vehicle transactions, excluding
Motor VehicleRegistration Tax and Surety Bond deposits;
50% of the fees collected from driver license and identification card
transactions;and
100% of the fees collected from road tests.
10. Authorized commissions shall be retained by the Commission Agent from gross revenues. The
remaining balance shall be remitted to D11/1V in accordance with Section III. D. 2. b of this
Agreement.
III. RESPONSIBILITIES OF THE COMMISSION AGENT
1. Commission Agent will be responsible for having internal procedures that ensure adherence by all
Agent Representatives to all requirements necessary to protect the privacy of ALVIN records and
preserve the integrity of the ALVIN system, and for maintaining accountability for all documents
received and issued by Commission Agent. Responsibilities include adherence to AS 28.10.505,which
states in part, notwithstanding AS 40.25300, the department may not disclose personal information
contained in motor vehicle records maintained by the department under this chapter.As defined by
AS 28.10.505 "personal information" means information that identifies a person,including a name,
address, telephone number,and medical or disability information. Commission Agent will also
conform to all requirements of AS 45.48 protecting personally identifiable information.As defined by
AS 45.48.090 "personal information"includes an individual's first name or first initial; and last name;
and one or more of the following information elements: the individual's social security number; the
individual's driver's license number or state identification card number; the individual's account
number, credit card number,or debit card number;and passwords, personal identification numbers,
or other access codes for financial accounts.
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A. Personnel
1. Designate an Agent Representative who will be responsible for compliance with this Agreement in its
entirety.
2. Assure that each Agent Representative is fully trained by DIVIV before that Agent Representative
issues and/or processes documents, conducts performance road tests,views or updates existing
information in ALVIN, or performs any other duties and obligations of the Commission Agent
under this Agreement. Travel expenses for training are the responsibility of the Commission Agent.
3. The training described in A. 2. above will include D1VIV providing each Agent Representative with a
unique password for access to ALVIN. Passwords are not transferable and use of a password by
anyone other than the person it is assigned to may lead to suspension or termination of the
Agreement under Sec IV.
4. assure that Agent Representatives are provided with follow-up training as deemed necessary by DIVIV
Contract Services and/or Commission Agent. Travel expenses for training will be the responsibility of
the Comrission Agent.
5. Prior to the training of each designated Agent Representative and performance road test examiner,
provide satisfactory proof to Contract Service that a criminal background check has been performed
on each individual and that he or she has not in the last 10 years been convicted of a felony offense,
has not been convicted in the last five years of a misdemeanor offense,and has no past convictions
for fraudulent activities.
6. Assure that each Agent Representative and performance road test examiner conducts himself or
herself ethically and lawfully and that each individual meets the following minimum requirements:
(a) has a valid Alaska driver's license;
(b) has three years of driving experience in Alaska;
(c) has not in the last three years been convicted of a driving offense that is a six-point offense under
the point system established under AS 28.15.221-261;
(d) has not accumulated eight points under the point system established under AS 28.15.221-261;
(e) has not in the last five years had a driver's license suspended,revoked,canceled or disqualified;
(0 is not registered as a sex offender under AS 12.63;and
(g) is of good moral character.
7. The D11fN has implemented minimum auditing standards. These minimum standards provide for a
consistent and systematic review of DMV's practices,records,and inventory to ensure that all offices
are providing consistent service to customers to ensure all transactions are properly accounted for and
to ensure accurate record-keeping. It is the responsibility of the Commission Agent to correct errors
brought to the attention of a Commission Agent at zero expense to the customer and to provide
DMV Contract Services with supporting documentation in accordance with D1VIV practices and
standards. Unacceptable audit performance ratings may result in suspension of ALVIN access and/or
termination of contract.
8. The Commission Agent will notify the Division immediately of the resignation or termination of Agent
Representative.
B. Protocol
1. Customer Service—DMV is a service organization and Commission Agents and Agent
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Representatives are required to provide the same level of customer service provided at DMV offices.
The Commission Agent is expected to serve all members of the public with courtesy and without
discrimination. Responsiveness and courtesy are two important elements of customer service.
Listening carefully to customers is essential for providing the excellent customer service that is
expected under this Agreement.
2. Dress—Agent Representatives represent the DMV and should therefore dress in a way that projects a
professional image. Agent representatives are expected to be neat, clean,and presentable at work
every day.
3. Political Activity—Political activity in an establishment that processes DlvfV transactions is
prohibited. This includes:
• displaying or distributing partisan web sites or signs;
sending email messages using a State-sponsored email account;
• using any State equipment for partisan purposes;and
• wearing political buttons,t-shirts or other partisan paraphernalia.
The Commission Agent should consult with Contract Services regarding questions or concerns about
prohibited political activity.
4. Violations of State or Federal Law—Any Agent Representative who receives a citation requiring a
court appearance or who has been arrested or convicted of a misdemeanor or felony,must report the
citation, arrest, or conviction to Contract Services by the end of the following workday. Any Agent
Representative who violates a federal or state law or regulation and there is a clear nexus between the
offense and the Agent's duties, or if the violation impairs the Agent's ability to perform the duties of
this Agreement will have their ALVIN access terminated.
C. Operations
1. Maintain a schedule of regular working hours during which services under this Agreement are
available to the public.Business hours must be between 7 ,un and 7 P.m. Office must be open a
minimum of 20 hours, three days per week, and open a minimum two hours each day. Changes to
business days and/or hours may be made no more than once every three months and must be
approved in advance by Contract Services. Office closure is permitted a total of three weeks per year
but no more than two consecutive weeks,and only one week between May 1 and august 31.
Scheduled office closures must be advertised in the community media, signs posted on the office
door,and DIV1V Contract Services notified at least two weeks prior to office closure. Unscheduled
office closures must be advertised as soon as possible, and DMV Contract Services notified
immediately. Contract Services will consider requests from Commission Agent for a modification of
this schedule. Prior written approval must be obtained from Contract Services before a modification
can be put in place. Public notice must be made of an approved modification of the schedule.
2. The Commission Agent must be connected to the internet for accessing DIVIV applications, SOPs,
and have a dedicated email address for D1VIV-related correspondence only. The internet connection
must have adequate bandwidth to support accessing the DNIV systems.
D. Financial
1. At the end of each business day the Agent Representative shall take the following actions:
a. close the day's batch and record it to an ALVIN office deposit;
b. generate in ALVIN a Commission Worksheet and email a copy to DMV Fiscal;the email is
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doa.dmv.fiscal@alaska.gov_ and
c. submit batch work documents electronically through MOVEit application.
2. At the end of the next business day the Agent Representative,no later than 5 p.m.,after closing a
batch and recording it to an ALVIN office deposit shall:
a. deposit into a business bank account all funds collected on behalf of the state for DNIV
transactions processed;and
b. transfer to DMV the amount due to DMV as specified on the Commission WOTksheet; transfers
shall be made through ALVIN CLIENT—DNfVs payment portal, at the state's designated bank.
3. Each quarter from January-December the Agent Representative shall complete a quarterly inventory
report within 15 days of the end of each quarter and email it to the DMV Supply Department; the
email is doa.drriv-supnl alaska.gov.
4. The Commission Agent is responsible for the cost of participation in the program such as the cost of
office space, utilities, the minimum hardware requirements attached,insurance,installation expenses,
computer system support,laser printer supplies,copy paper, and on-going telecommunications
charges Any additional work station equipment purchase will be fulfilled by and the responsibility of
the Commission Agent..
5. The Commission Agent is responsible for any and all losses or shortages in the proceeds and fees to
be collected and for all of its costs of doing business,including without limitation credit card fees,
costs of collection of checks received without sufficient funds,other bad debts, taxes,and operating
expenses.
6. The Commission Agent shall pay any and all costs incurred by the State of Alaska in enforcing the
terms of this Agreement, including but not limited to full reasonable attorney's fees, court costs,pre-
judgment and post-judgment interest at the highest rate allowed by law under AS 45.45.01.
E. Security
1. The Commission Agent shall not permit any employee to perform any authorized function in ALVIN
until the employee has been trained as an Agent Representative and has obtained a unique password
in accordance with Section III. A. 2.
2. The Commission Agent shall not permit any unauthorized person to have access to ALVIN or DMY
supplies and documents.
3. The Commission Agent shall maintain appropriate security to prevent theft,loss, or destruction of
accountable documents and equipment provided by DNIV. The Commission Agent shall,at a
minimum, store all such documents and equipment in a secure area. The Conuiussion Agent shall pay
DMV the statutorily defined price of the inventory for each missing accountable document.The
Commission Agent is responsible for the proper storage and destruction of DMV Batch Work after it
has been confirmed received by DNIV through the MOVEit application. The Commission Agent
shall ensure that all DMV documents,Batch Work, forms, and funds are kept separate from any other
business operation the Commission Agent may be conducting.
F. Equipment
1. Missing, destroyed, or damaged equipment provided by DMV must be replaced or repaired by the
Commission Agent at the Commission Agent's expense.
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2. If the Commissioned Agent leases a SOA computer or other hardware,no computer programs or
hardware shall be downloaded or installed on D1VIV's computer unless instructed to do so by
Department of Administration Information Technology (DOA-IT) staff. If the equipment fails, the
Commission Agent will notify DNIV Contract Services. DOA-IT personnel will determine the cause
of the failure. DOA-IT personnel may require the Commission Agent, at the Commission Agent's
expense, to hire a local IT technician to repair the equipment. If it is determined by DOA-IT that the
equipment must be repaired or replaced because of misuse, the Commission Agent will be billed for
the cost of repair or replacement. Misuse of equipment is cause for immediate termination of this
Agreement. Downloading files from the internet can compromise the state mainframe computer and
is cause for immediate termination of this Agreement. Commission Agent must adhere to state
computer policies,and is prohibited from, but not limited to, engaging in use of non-State-provided
messaging technologies,use of file sharing programs,and use of streaming media technologies
without prior written approval. (See also, Attachment 4 to this Contract: State of Alaska Computer
Use Policies.) Violation of computer use policies will result in the termination of the Agreement.
G. Compliance with Laws and Regulations
1. The Commission Agent shall comply with the laws,regulations and SOP manual, as well as any
revisions to the manual that govern any services provided under this Agreement. The Commission
Agent shall establish procedures to ensure that Agent Representatives comply with the laws,
regulations and SOP manual,as well as any revisions to the manual, that govern document processing
under this Agreement. No employee or other person who has not been trained as an Agent
Representative under the terms of this Agreement may access DMV records or perform any D1VIV
services.Any unauthorized access may lead to suspension or termination of the Agreement under Sec
IV. Further,in performing services under this Agreement,the Commission Agent and its Agent
Representatives must comply with all federal,state, and local statutes, ordinances,regulations,and
codes relating to the conduct of business and the operation of business premises,including the
Americans with Disabilities Act.
H. Insurance
1. The Commission Agent shall either be self-insured or shall purchase the following policies of
insurance at its own expense and maintain the policies in force at all times while this agreement is in
effect. Where specific limits are shown, they shall be the minimum acceptable limits.
Without limiting the Commission Agent's indemnification, the Commission Agent will purchase the
following policies of insurance at its own expense,naming the State of Alaska and DMV as additional
insureds,and maintain the policies in force at all times while this Agreement is in effect. Where
specific limits are shown, they shall be the minimum acceptable limits. If the Commission Agent's
policy contains higher limits, the State and DMV shall be entitled to coverage to the extent of the
higher limits. Certificates of insurance must be furnished to DIVI T before D1VIV will permit the
Commission Agent to perform services under this Agreement,and must contain a 30-day prior notice
of cancellation,non-renewal or material change clause.
a. Workers' Compensation Insurance:As required by AS 23.30.045, for all employees of the
Commission Agent who perform work under this Agreement.
b. Comprehensive Automobile Liability insurance: Coverage limits not less than $1,000,000
combinedsingle limit per occurrence, covering all owned, hired and non-owned vehicles used by
the Commission Agent in performing services under this Agreement.
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c. Comprehensive Commercial General Liability insurance: Coverage limits not less than$300,000
combined single limit per occurrence and annual aggregates where generally applicable and shall
include premises-operations,broad form property damage,blanket contractual and personal injury
endorsements.
Notices of insurance policy renewals or cancellations must be mailed, from the insurance company,
to:
Division of Motor Vehicles
Attn: Contract Services
3901 Old Seward Hwy, STE 101
Anchorage,AK 99503
I. Indemnification
1. The Commission Agent shall indemni£,, hold harmless,and defend the State of Alaska,DAfCr,and
their employees, from and against any claims of,or liability for, the independent negligence or
intentional act of the Commission Agent. If there is a claim of, or liability for, the joint negligent error
or ornission of the Commission Agent and the independent negligence of the State of Alaska,DMV,
or their employees the indemnification and hold harmless obligation shall be apportioned on a
comparative fault basis. The term"independent negligence" is negligence other than in DMV's
selection,administration, monitoring, or controlling of the Commission Agent and in approving or
accepting the Commission Agent's work.
IV. TERMINATION OF THIS AGREEMENT
A. Suspension
1. DMV may immediately suspend this Agreement by inactivating the Agent DMV Representative's
password(s) for up to 30 days to investigate any one or more of the following: suspected or alleged
errors in transactions, failure to submit batch work, failure to transmit fees collected to the DMV,
failure to maintain required insurance,suspected or alleged criminal misconduct,misuse of ALVIN
passwords,and/or compromising the integrity of the ALVIN system.
B. Termination
1. Either party may terminate this Agreement upon 30 days written notice to the other party.
a. Terlination for Cause: DN V may terminate this Agreement b}+ delivering,Ili wridug to the
Commission Agent,notice of intent to terminate,which clearly sets out the facts that constitute
the breach or defect in performance under this Agreement.
Termination for cause includes but is not limited to: (a) violation of a provision of this
Agreement, (b) failure to follow DMV's written standards,statutes,regulations,policies and
procedures.
Termination for cause is effective if the breach or defect is not cured within 30 days from the date
the notice of the breach was received by the Commission Agent unless a greater time to cure is
allowed.
b. Termination for Convenience: DMV,by written notice to the Commission Agent,may terminate
this Agreement,in whole or in part,when it is in the best interest of the State.
Paae 8 of 10
c. Termination for Illegal Activity: D1VN may terminate or suspend this Agreement immediately if
there is reasonable cause that the Commission Agent or their employee is engaged in illegal
activities.
2. Upon termination, the Commission agent:
a. cannot recover any costs or damages arising from its participation in,or termination from,the
Commission Agent Program,including set-up costs,lost profits or consequential or other
damages;
b. must immediately transfer to DMV all outstanding proceeds from DMV transactions,less
commissions retained per Section III.C.2; and
c. shall mail to DMV,within one business day, all DMV accountable items, SOA equipment, and
all remaining DMVtransaction documents.
3. Unless a new application for a DMV Commission Agent Participation Agreement is timely received
and approved as provided in Sec. I. A., this Agreement expires and terminates at the end of the end of
the three-year term. Applications may be obtained by request via email at doa.dmv.cs&alaska.gov,
phone at 907-269-5575 or by mail at State of Alaska DMV, 3901 Old Seward Hwy, Ste 101,
Anchorage,AK 99503.
4. Notices and communications required to be submitted to the DMV shall be in writing and sent via
email to doa.dmv.cs t&alaska.gov and/or mailed tothe following address:
Division of Motor Vehicles
Attn: Contract Services
3901 Old Seward.Hwy, Ste 101
Anchorage,AID 99503
Notices and communications submitted by the DMV to the Commission Agent shall be made ii1 writing and
sent I'm email to the email address on record for the Comtris�'o .Ac�c l iCs primari T contact or contract designee.Notices
shall be deemed effective at the earlier of receipt or within three days of being placed in the U.S. mail,
postage pre-paid.
C. Disputes
1. The parties agree that the Trial Court- 4 diu _ate of Alaska shall have jurisdiction over any dispute
arising from or relating to this Agree:i-crlt. 11?c parties agree that venue shall be in the Judicial District in
which the Commission :gent is loc:ur , If the Cnminission Agent has locations in more than one Judicial
District,venue shall l c in die Th rd J udicial District at Anchorage.
D. Section Headings
1. All sections and descriptive headings in this Agreement are inserted for convenience only,and shall not
affect the construction or interpretation of this Agreement.
Page 9 of 10
IV. ENTIRE AGREEMENT
A. Integration and Amendment
1. This Agreement contains the entire Agreement of the parties.There are no other agreements, express or
implied, oral or written,between the parties on the subjects encompassed by this Agreement. This
Agreement may only be amended by a written addendum to this Agreement signed by both parties.
B. Effective Date
1. This Agreement shall be effective when executed by both parties.
IN WITNESS WHEREOF, the parties have executed this Contract as follows.
DATED this /' day of �// , 20;-1"' DATED this day of , 20_.
CITY OF SEWARD State of Alaska,Department of Administration
Division of Motor Vehicle's /
By: By: 0,
Q enna Wright, Dep ty Director, Signed 5/10/21
Printed Name: .�!/�'ti / Printed Name:
Its: Its:
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