HomeMy WebLinkAboutRES2026-014 State of Alaska DMV ContractSponsored by: Sorensen
CITY OF SEWARD, ALASKA
RESOLUTION 2026-014
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA,
AUTHORIZING THE CITY MANAGER TO ENTER INTO A COMMISSION AGENT
CONTRACTUAL AGREEMENT BETWEEN THE CITY OF SEWARD AND THE STATE
OF ALASKA DEPARTMENT OF ADMINISTRATION, DIVISION OF MOTOR
VEHICLES, TO OPERATE THE CITY OF SEWARD DIVISION OF MOTOR VEHICLES
COMMISSION AGENT OFFICE
WHEREAS, the City of Seward has entered into a commission agent contractual agreement with
the State of Alaska Division of Motor Vehicles for many decades; and
WHEREAS, the current Seward Division of Motor Vehicles Commission Agent Office
contractual agreement began July 1, 2024, and ends December 31, 2025, with an amended period
for performance of July 18, 2024 through December 31, 2026. As well as three one-year renewal
options; and
WHEREAS, the State of Alaska Department of Administration, Division of Motor Vehicles
authorizes the Seward Division of Motor Vehicles Commission Agency to retain the following
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 Vehicle Registration Tax and Surety Bond deposits; 50% of fees collected from driver
license and identification card transactions; 100% of fees collected from road tests; and
WHEREAS, the funds retained by the City of Seward collected on behalf of the State of Alaska
Department of Administration, Division of Motor Vehicles, are used to offset a portion of the costs
associated with operating the Seward Division of Motor Vehicles Commission Agency Office.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
SEWARD, ALASKA:
Section 1. The City Council hereby authorizes the City Manager to enter into a commission agent
agreement with the State of Alaska Department of Administration, Division of Motor Vehicles to
provide the City of Seward with permission to operate the Seward Division of Motor Vehicles
Commission Agent Office
Section 2. This resolution shall take effect immediately upon adoption.
APPROVED BY THE CITY COUNCIL OF THE CITY OF SEWARD, ALASKA THIS 26TH
DAY OF JANUARY 2026.
Sue McClure, Mayor
CITY OF SEWARD, ALASKA
RESOLUTION 2026-014
Page 2 of 2
AYES: Osenga, Warner, Draper, Barnwell, Crites, Calhoon, McClure
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
P2,06
Kris Peck, City Clerk
m`OF l4,
E
•
City Council Agenda Statement
Meeting Date: January 26, 2026
To: City Council
Through: Kat Sorensen, City Manager
From: Louis Tiner, Chief of Police
Subject: Resolution 2026-014: Authorizing the City Manager to Enter into a
Commission Agent Contractual Agreement Between the City of Seward and
the State of Alaska Department of Administration, Division of Motor
Vehicles, to Operate the City of Seward Division of Motor Vehicles
Commission Agent Office
Background and justification:
This resolution establishes the continuation of the contractual agreement between the City of
Seward and the State of Alaska Department of Administration, Division of Motor Vehicles. The
period of performance for this agreement began July 1, 2024, and ended December 31, 2025, with
an authorized amended period of performance of July 18, 2024, to December 31, 2026, with three
one-year renewal options available to be exercised solely at the discretion of the State, unless
terminated earlier under agreed upon agreement terms.
The funds retained by the City of Seward collected on behalf of the State of Alaska Department
of Administration, Division of Motor Vehicles, are used to offset a portion of the costs associated
with operating a City of Seward Division of Motor Vehicles Commission Agent Office.
Comprehensive and Strategic Plan Consistency Information
This legislation is consistent with (citation listed):
Comprehensive Plan:
Strategic Plan:
Other:
Total amount of funds listed in this legislation: $
This legislation (V):
Creates revenue in the amount of:
Creates expenditure in amount of:
Creates a savings in the amount of:
Has no fiscal impact
Funds are (✓):
Budgeted Line item(s):
Not budgeted
Not applicable
$
$
$
Affected Fund (V):
General
Boat Harbor
Motor Pool
Available Fund Balance
X
Yes
SMIC
Parking
Other
Electric
Water
Attorney Signature:
Not applicable Comments:
Wastewater
Healthcare
Note: amounts are unaudited
Finance Director Signature:
Attorney Review
w
Administration Recommendation
X
Adopt Resolution
Other:
'
STATE OF ALASKA
AMENDMENT TO GOODS AND NON-PROFESSIONAL SERVICES
1. Agency Contract Number
5006
2. IRIS or DGS Solicitation Number (if used)
N/A
3. Optional Renewal? e Yes 0 No
Years remaining: Two
4. Agency Unit and Appropriation Code
N/A
5. IRIS GAE Number (if used)
N/A
6. Amendment No.
One (term renewal)
This agreement is between the State of Alaska,
7. Department of Division of
Administration Motor Vehicles hereafter the State, and
8. Contractor: City of Seward
Contact: Regina Huett Email: rhuettacityofseward.net / Itineracityofseward.net hereafter the Contractor
Mailing Address, Street or P.O. Box City State ZIP Code
P.O. Box 167 Seward AK 99664
9. Original period of performance
FROM: July 18, 2024 TO: December 31, 2025
10. Amended period of performance
FROM: July 18, 2024 TO: December 31, 2026
11. Previous amount of contract to date:
N/A
12. Amount of this amendment:
N/A
13. This amended contract shall not exceed
a total of N/A
14. In accordance with the provisions of the above
under the contract are amended as follows: All
This amendment updates the Payment and Procedure
Appendix C Commission Agent Drivers License
provisions.
The period of performance under this contract is
IN WITNESS WHEREOF the parties hereto have
NOTICE! This amendment has no effect until signed
referenced contract, the parties to that contract agree
other terms and conditions of the contract remain in effect.
language contained in Appendix B Commission
and Identification Card as detailed on page two of this
increased by one year to December 31, 2026.
that the services to be performed by the contractor
Agent Title and Registration Processing and
amendment Box 14. Continuation of amendment
officer or designee.
executed this amendment.
by the head of the contracting agency, procurement
15. CONTRACTOR
Name of Firm
City of Seward
Sign ur Au o " epres
tv�..04
Type or Printe a of Authorized Representative
Kat Sorensen / ity Manager Louis Tiner / Chief of Police
Date
I jS72S /1s�ozf
16. DIVISION
17. CONTRACTING AGENCY
Department/Division
Administration/Motor Vehicles
Department/Division
Administration/OPPM
Signature of Project Director
Signature of Procurement Officer
Typed or Printed Name of Project Director
Marites Montano
Typed or Printed Name of Procurement Officer
Lisa Trombi
Date
Date
02-112 (Rev: 11/23)
ATPSC FRM
APPENDIX H
DMV COMMISSION AGENT
This Contract is made between the State of Alaska, Department of Administration, Division of Motor
Vehicles (hereafter "DMV"), and City of Seward (hereafter "Commission Agent"), P.O. Box 167,
Seward, AK 99664.
The parties agree as follows:
I. GENERAL PROVISIONS
A. TERM. The period of performance for this Contract begins July 1, 2024, and ends December
31, 2025, with three one-year renewal options available to be exercised solely at the
discretion of the State, unless terminated earlier under Section IX of this Contract.
1. This Contract will be in effect when all required Appendix H documents have been
received in their entirety.
2. This Contract has no effect until signed by the head of contracting agency or designee
(OPPM).
B. DEFINITIONS. For purposes of this Contract, unless the context clearly suggests otherwise,
the following words and phrases shall have the meanings defined below:
1. "Accountable Inventory" means DMV documents issued to the Commission Agent to
process DMV transactions for the general public and includes temporary permits, license
plates, titles, validation tabs, snow machine, ATV's, APV's and boat year tabs, and
decals.
2. "Agent Representative" means a designated employee of the Commission Agent who has
been trained in accordance with DMV instructions to perform document processing
under the Contract and who is in charge of the agent's compliance with the Contract and
who shall serve as the contact between the Commission Agent and DMV in executing
the permitted functions under the Contract on behalf of the Commission Agent.
3. "ALVIN" means the Alaska License and Vehicle Information Network, the database of
the DMV.
4. "Batch Control Number" means a number assigned by ALVIN to designate a data entry
batch.
5. "Batch Work" means all transactions and supporting documentation completed under a
Batch Control Number.
6. "CDL" means commercial driver's license.
Appendix H CT# 5006 City of Seward I I P a g e
7. "Class A," B," and C" are all commercial class driver's licenses.
8. "Class D" means non-commercial driver's license.
9. "Commission Agent" means the signatory government agency that is authorized to do all
DMV transactions to include Class D, MI, and all commercial class road tests and to
receive a commission for those services.
10. "DMV" stands for Division of Motor Vehicles" provides auditing procedures which
include inventory and collection of state revenue accountability; ensuring the security
and integrity of DMV's database information; and auditing of Contract provisions and
compliance. These services also include developing written procedures, providing
training and support, and auditing transactions for accuracy and timeliness.
11. "DOA" means the Department of Administration.
12. "Employee" means a person who is hired for a wage, salary, fee, or payment to perform
work for an employer.
13. "MOVEit" means a web -based application used to safely and securely transmit batch
work electronically from the Commission Agent to DMV.
14. "M1" means motorcycle driver's license.
15. "OPPM," stands for Office of Procurement and Property Management. OPPM manages
and oversees the Contracts, Appendices, and Amendments between DMV and the
Commission Agent.
16. "Performance Road Test Examiners" means the Commission Agent staff trained by
DMV, or a person designated by DMV, to administer Class D non-commercial, M1, and
all CDL Class A, B, and C commercial road tests.
17. "Standard Operating Procedures" or "SOPs" are DMV's published policies and
procedures.
18. "STAR" means Skill Test Appointment and Reporting, a web -based program used to
schedule road tests and report road test results.
19. "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 in
ALVIN.
C. AUTHORIZATION. DMV hereby authorizes the Commission Agent to process
transactions on behalf of DMV as specified in the attached Appendix(ices). The
Commission Agent may not process transactions or provide services other than what the
Contract, Amendments, and Appendix(ices) specifically authorize. The authority granted
under this Contract is not transferable.
Appendix H CT# 5006 City of Seward 2 I P a g e
D. DESCRIPTION OF WORK. The work to be performed by the Commission Agent is
outlined in attached Appendix(ices).
E. REQUIREMENTS. The Commission Agent must meet the requirements and maintain the
requirements during the term of this Contract. OPPM will request that the Commission
Agent provide proof of compliance with these requirements upon three business days'
notice. The failure of the Commission Agent to maintain these basic requirements, and
others as they may be further described below, shall constitute a basis for OPPM to
terminate this Contract under Section IX of this Contract.
1. INSURANCE. Without limiting Commission Agent's agreement to indemnify the state,
the Commission Agent shall purchase at its own expense and maintain in force at all
times during the term of this Contract the following insurance policies. Where specific
limits are shown, it is understood they shall be the minimum acceptable limits.
a) Workers' Compensation Insurance: The Commission Agent 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.
b) Commercial Automobile Liability Insurance: covering all vehicles used by the
Commission Agent in the performance of services under this agreement with
minimum coverage limits of $300,000 combined single limit per claim.
c) Commercial General Liability Insurance: covering all business premises and
operations used by the Commission Agent in the performance of services under this
agreement with minimum coverage limits of $300,000 combined single limit per
claim.
d) Professional Liability Insurance: covering all errors, omissions, or negligent acts in
the performance of professional services under this agreement with minimum
coverage limits of $300,000 per claim/annual aggregate.
Notices of insurance policy renewals, or non -renewals, or cancellations, or material
change of conditions in accordance with policy provisions must be emailed from the
insurance company to the OPPM at: doa.oppm.procurement@alaska.gov. Failure to
furnish satisfactory evidence or lapse of the policy is a material breach of this Contract
and shall be grounds for termination of the 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. SURETY BOND: The Commission Agent shall purchase at its own expense and
maintain in force at all times during the term of the Contract, a surety bond in the amount
of $100,000. The original, notarized surety bond must be on file with OPPM. The bond
must be written by a company authorized to do business in the State of Alaska. The bond
Appendix H CT# 5006 City of Seward 3 I P a g e
may be cancelled only after giving 30-days written notice to OPPM.
II. RESPONSIBILITIES OF DMV
In order to facilitate the Commission Agent's ability to perform work under the Contract, and
except as specifically stated, at no cost to the Commission Agent, DMV will provide the following
as needed:
A. Provide the Commission Agent with accountable documents, computer software, and
information necessary to issue driver licenses and identification cards; process motor vehicle
titles, boat, snow machine, ATVs, APVs, and motor vehicle registrations; and conduct
performance road tests.
B. Provide the Commission Agent's designated employee(s) with initial training to become an
Agent Representative and as a prerequisite to the employee(s): issuing and/or processing
documents under this Contract; conducting performance road tests; updating existing
information in ALVIN; and performing all other duties and obligations of the Commission
Agent under this Contract. Training should be scheduled 30-days in advance, and DMV 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.
C. 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.
D. At DMV'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 will 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.
E. Provide the Commission Agent with access to on-line Standard Operating Procedures (SOP)
manual containing written standards relating to processing documents under this Contract.
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.
F. DMV will provide updates and revisions to the SOP manual via email to the Commission
Agent.
G. Evaluate the Commission Agent on a continuing basis to ensure compliance with this Contract
and adherence to state statutes, regulations, and DMV policies and procedures. DMV may
conduct on -site audits for the duration of this Contract.
Appendix H CT# 5006 City of Seward 4 1 P a g e
H. Authorize the Commission Agent, in consideration for the services 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, ATVs, APVs
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 license and identification card
transactions; and
100% of the fees collected from road tests.
I. Authorized commissions shall be retained by the Commission Agent from gross revenues.
The remaining balance shall be remitted to DMV in accordance to this Contract and its
Appendices.
III. RESPONSIBILITIES OF THE COMMISSION AGENT
A. PLACE OF BUSINESS. The Commercial Agent shall not change the physical location of
an existing place of business, or add a new location, without written authorization from
OPPM.
B. NOTIFICATION OF CHANGE. The Commission Agent must notify OPPM in writing
prior to any change in the address, designated representative (excluding janitors),
availability of services offered, or any change in the service location(s).
Any changes to DMV Third -Party road test routes must be approved in writing by DMV
seven business days before the organization implements the proposed change.
Closure for cultural community events requires a minimum of two weeks' notice and must
be approved by DMV.
C. PERSONAL INFORMATION OF APPLICANTS. The Commission Agent is responsible
for having internal procedures that ensure adherence by the Commission Agent, and its
employees or contractors, to the requirements necessary to protect the privacy of DMV
records and the personal information of customers. The Commission Agent and its
employees are prohibited from obtaining or using personal information concerning all
customers for purposes of surveys, marketing, or solicitation, or in any way prohibited by
18 USC 2721-2725, AS 28.10.505, or AS 28.15.151. Driver, vehicle information and
records obtained from a state or created by the Commission Agent in performing its duties
under the Contract are subject to the restrictions imposed by applicable federal, state, and
local privacy protection laws including 18 USC 2721-2725, AS 28.10.505, and AS
28.15.151. The Commission Agent must conform to all requirements of AS 45.48, AS
28.10.505, AS 28.15.151, and 18 USC 2721-2725 in 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
Appendix H CT# 5006 City of Seward Wage
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. As defined by 18 USC 2725 "personal information" means
information that identifies an individual, including an individual's photograph, social
security number, driver identification number, name, address, telephone numbers, and
medical or disability information. By entering into this Contract, the Commission Agent
acknowledges that it is familiar with these laws, and the personal liability imposed on it by
18 USC 2721 — 2725.
D. PRIVACY BREACH. The Commission Agent must immediately notify OPPM of a breach
of Personally Identifiable Information and must immediately comply with the requirements
under AS 45.48 regarding breach.
1. The Office of Information Technology (OIT) may shut off or remove VPN access if
OIT believes there is an inherent risk. Any cost to mitigate the security break shall be
borne by the Commission Agent.
E. PERSONNEL. The Commission Agent is responsible for ensuring that its employees are
following the requirements of this Contract and all attached Appendices, and Amendments.
Specific requirements may be further outlined in additional Appendices for specific
services. The Commission Agent must:
1. Notify DMV of all changes in personnel that require specific training as outlined in this
contract such as: changes in personnel (excluding janitors), termination of employees,
and hiring of new employees; which require written approval from DMV. Notification
must be made in writing to DMV within 24 hours of the change in personnel.
2. Notify DMV immediately and in writing of all personnel who are arrested or convicted
of a misdemeanor or felony.
Any employee who is terminated or is convicted of violating any regulation that has a
clear nexus between the office and the employee's ability to perform the duties of the
Contract will have their ALVIN and VPN access terminated.
It is at the DMV's sole discretion to determine whether an employee is fit to access
ALVIN and VPN after an arrest or after a conviction of violating a Federal or State
Law or Regulation, or while a criminal case for an alleged violation of Federal or State
Law or Regulation is pending.
3. Ensure that each employee successfully completes initial training and any necessary
refresher training by DMV or DMV's designee, in accordance with Sec. II of this
Contract. Commission Agent must not allow any non -trained employees access to
DMV systems.
Appendix H CT# 5006 City of Seward Wage
4. Submit fingerprints and fees for an FBI background check at the time of application
and/or renewal, along with the Background Check Authorization Form, if not already
done by the DMV.
5. Ensure that all employees adhere to DMV SOPs and published policies, and any
revisions to those procedures as provided from time to time during the term of the
Contract.
F. TRAINING. Each employee of the Commission Agent must attend all applicable initial
training provided by DMV or DMV's designee in accordance with Sec. II of this Contract.
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.
G. REFRESHER TRAINING. Each employee shall receive follow-up training by DMV or
DMV's designee when requested by the Commission Agent or deemed necessary by DMV.
All travel expenses are the responsibility of the Commission Agent. DMV written approval
required for specific work and training such as ALVIN, VPN, etc.
H. MAINTAINING ACCEPTABLE STANDARDS. The Commission Agent and its
employees must meet the minimum auditing standards implemented by DMV. These
minimum standards provide for a consistent and systematic review of DMV's practices,
records, and inventory, if applicable, 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 all
errors brought to its attention and to provide DMV with supporting documentation, in
accordance with DMV policies, procedures, and standards.
I. AUDIT AND UPLOAD (MOVEIT) REQUIREMENTS. Any Commission Agent
employee who is not meeting the DMV auditing standards or document upload
requirements will not be allowed to process any DMV related transactions until the
Commission Agent has provided proof of remediation efforts and that the employee has
shown improved performance. Upon notice from DMV, it is the Commission Agent's
responsibility to provide the remediation efforts, document the process and improvement
in a measurable approach, and to provide such proof to the Partner Services Team. The
Commission Agent's identified employee will not be allowed to perform any DMV related
transactions or document uploads until DMV has notified the Commission Agent in writing
that the provided remediation process and results are satisfactory.
J. INTERNET ACCESS. The Commission Agent shall ensure that it has an internet
connection for accessing DMV programs at each location, and that it has a unique e-mail
account for receiving procedure updates, notices of errors, corrections, and any other
necessary communications from OPPM or DMV.
K. SYSTEM ACQUISITION. The Commission Agent is responsible for ensuring it has all of
the required equipment, software, and hardware to conduct business in accordance with
DMV standards, policies, and procedures. The required equipment is further described in
Appendix H CT# 5006 City of Seward 7 I P a g e
Appendix A, Attachment One DMV Commission Agent System Requirements (two
pages).
L. START-UP EQUIPMENT
If the Commission Agent has already been provided with start-up equipment necessary to
conduct DMV 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 Contract.
M. PROTOCAL
1. Customer Service — DMV is a service organization and Commission Agents, and Agent
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 Contract.
2. Dress —Agent Representatives represent 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 DMV
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 DMV 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 DMV in writing immediately.
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 this Contract will have their ALVIN
and VPN access terminated.
N. OPERATIONS
1. Maintain a schedule of regular working hours during which services under this Contract
are available to the public. Business hours must be between 7 A.M. and 7 P.M. Office
must be open a minimum of 20 hours, three days per week, and open a minimum two
Appendix H CT# 5006 City of Seward 8 I Page
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 DMV. 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 DMV notified
at least two weeks prior to office closure. Unscheduled office closures must be
advertised as soon as possible, and DMV notified immediately. DMV will consider
requests from Commission Agent for a modification of this schedule. Prior written
approval must be obtained before a modification can be put in place. Public notice must
be made of an approved modification of the schedule.
Closures for cultural community events requires a minimum of two -weeks notices and
must be approved by DMV.
2. The Commission Agent must be connected to the internet for accessing DMV
applications, SOPs, and have a dedicated email address for DMV-related
correspondence only. The internet connection must have adequate bandwidth to
support accessing the DMV systems.
IV. COMPLIANCE WITH LAWS AND REGULATIONS
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 Contract. 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 Contract. No employee or other person who has not been trained as an Agent
Representative under the terms of this Contract may access DMV records or perform any DMV
services. Any unauthorized access may lead to suspension or termination of this Contract under
Sec IV. Further, in performing services under this this Contract, 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.
V. CODE OF ETHICS
In order to facilitate the Commission Agent's ability to perform work under the Contract, the
Commission Agent and all of its employees and contractors must adhere to the following Code of
Ethics. The Commission Agent, as well as every employee and contractor of the Commission
Agent, must:
A. Recognize that this is a position of highest public trust, and that many people depend on
the wisdom of your decisions.
B. Impartially administer all official duties without regard to race, gender, sexual orientations,
creed, national origin, disability, position, or influence. Employees must not provide services,
process transactions for, and/or administer tests to family, significant others, and/or close
friends.
Appendix H CT# 5006 City of Seward 9 I P a g e
C. Exercise only such authority as has been duly vested in the position and authorized by this
Contract, Appendices, and Amendments.
D. Serve the public with all possible promptness and courtesy.
E. Pursue no other employment or activities that would distract from the integrity of the
profession.
F. Reject all presents and favors from applicants or others relating to your official duties.
G. Convey only authorized information to the public.
H. Uphold the honor and dignity of the profession.
I. Refrain from participating or engaging in, whether intentionally or unintentionally, any
fraudulent activities and promptly reporting any fraudulent activities to OPPM.
J. Carry out all duties not specifically covered by this code with the safety and welfare of the
public, as well as the integrity of the profession and DMV's records as the controlling motive.
VI. NON -DISCLOSURE
The Commission Agent acknowledges that any proprietary information received from DMV, its
systems, and/or records is confidential and the Commission Agent, its representatives, employees,
and contractors are prohibited from any unlawful or unauthorized disclosure of such information.
The Commission Agent agrees that it shall not discuss, disclose, or cause disclosure of any
confidential information to anyone who does not have a business need and a legal right to know
the information. The Commission Agent shall handle and store confidential information with all
federal and state laws and regulations, and department policies.
VII. COMMUNICATIONS
A. Notices and communications required to be submitted to OPPM shall be in writing and emailed
to: doa.oppm.procurement@alaska.gov
B. Notices and communications required to be submitted to DMV shall be in writing and emailed
to: marites.montano@alaska.gov and alexandra.adame@alaska.gov
C. Notices and communications submitted by OPPM or DMV to the Commission Agent shall be
emailed to the Commission Agent.
D. Notices will be deemed effective three days after email receipt unless otherwise stated.
Appendix H CT# 5006 City of Seward 10 I P a g e
VIII. SUSPENSION OF THIS CONTRACT
A. SUSPENSION. OPPM may suspend this Contract and any attached Appendices, in whole or in
part, for the following reasons:
1. Violation of any federal, state, or local statute, code, or regulation.
2. Suspected or alleged unethical or criminal misconduct.
3. Expiration of the Commission Agent's insurance or other qualifications required by this
Contract, Appendices, and Amendments.
4. Failure to submit required documentation, such as batch work, or failure to transmit fees
collected to the DMV, if applicable will result in progressive action to include suspension of
ALVIN and VPN access. Ongoing failures to comply will result in termination of this
contract.
5. Repeated unacceptable audit ratings resulting from errors in transactions, negligence or not
adhering to the SOPs or statutes.
6. Misuse of secure access or compromising the integrity of any DMV system. Misuse includes,
but is not limited to, allowing unauthorized access, sharing passwords or logins, using
confidential data for personal use, or violating any terms of use specific to the DMV system.
7. Failure to comply with any term of this Contract, and any attached Appendices, and
Amendments.
B. INVESTIGATION. OPPM may suspend this Contract in order to conduct an investigation for
any of the suspension reasons listed above.
C. INACTIVATION. OPPM may summarily suspend this Contract without prior notice to the
Commission Agent by rendering inactive the Commission Agent, its representative, employees,
or contractors, access to any and/or all DMV systems, including but not limited to ALVIN and
STAR.
D. NOTIFICATION. Any suspension of this Contract may be without prior notice at DMV's
discretion; however, OPPM shall provide the Commission Agent with a written notice of the
reason(s) or purpose(s) of the suspension unless such notice will jeopardize any such
investigation by DMV or by any law enforcement agency.
E. DURATION. OPPM may implement a suspension for up to 30 calendar days. The 30-calendar
day suspension period may be extended if the investigation is ongoing, but DMV shall make a
good faith effort to conclude its investigation as soon as practicable. OPPM shall not lift a
suspension until the Commission Agent has remedied the conduct that triggered the suspension
to DMV's reasonable satisfaction.
Appendix H CT# 5006 City of Seward 11 1 P a g e
IX. TERMINATION OF THIS CONTRACT
A. COMMISSION AGENT. The Commission Agent may terminate this Contract upon 30-days
written notice to OPPM and DMV.
B. OPPM
1. FOR CONVENIENCE. OPPM may terminate this Contract upon 30-days written notice
to the Commission Agent, in whole or in part, when it is in the best interest of the State of
Alaska.
2. IMMEDIATELY. This Contact may be terminated immediately if a Commission Agent,
its employees, or contractors has:
a. Provided information to OPPM and DMV that contained intentional: (1) false
statement or record, (1) material misstatement, or (2) material omission.
b. Engaged in fraudulent activity, criminal misconduct, or illegal activities.
3. NOTICE: This Contract may be terminated after 30-days written notice if the
Commission Agent has failed to meet the terms of this Contract and/or its Appendices,
and Amendments.
4. NO LONGER MEETS REQUIREMENTS. Either party may terminate this Contract if
the other party violates a material provision of the Contract including any instance
where the other party fails to follow any state or federal statutes, regulations, or DMV
SOPs, or fails to remit monies due.
5. LACK OF REMEDIATION. If suspension has occurred and remediation of issues has
not been satisfactorily remedied, OPPM can cancel this Contract.
C. NOTIFICATION. If OPPM terminates the Contract, OPPM shall provide the Commission
Agent with written notice of the termination within three business days. If, in the judgement
of DMV it will not jeopardize an investigation by DMV or by any law enforcement agency,
OPPM will provide written notice of the reason(s) or purpose(s) of the termination within 30
days of the termination.
D. WAIVER OF RIGHTS. The Commission Agent waives any right it may have or may have
in the future to recover any costs or damages arising from its participation in, or termination
from, the services it provides on behalf of DMV and the Contract, including set-up costs, lost
profits, or consequential or other damages.
E. UPON TERMINATION. Within three business days of the effective date of termination of
the Contract, the Commission Agent shall deliver to the DMV an accounting of all records,
transactions, and outstanding matters. If applicable, the Commission Agent shall remit to the
DMV all sums due to the DMV for transactions made under the Contract, as well as all
Accountable Inventory. If not returned, a fee equal to the cost of the inventory will be
assessed. If equipment is not returned the cost of the equipment will be assessed.
Appendix H CT# 5006 City of Seward 12 1 P a g e
F. FULL RESTITUTION. The Commission Agent shall make full restitution to the state for all
fees associated with investigating improprieties resulting in convictions or requiring the
retesting of applicants.
G. REINSTATEMENT. If this Contract is terminated under this section, it may be reinstated if
the Commission Agent provides proof satisfactory to OPPM that the reason for the
termination has been rectified. The decision to reinstate this Contract and what is deemed
satisfactory proof is at the sole discretion of OPPM.
X. MISCELLANEOUS PROVISIONS
A. ADVERTISING.
1. Advertising includes television, radio, newspapers, movie theaters, digital, and
signage for business.
2. All advertising regarding DMV must be approved by DMV. Advertising cannot be
negative towards DMV employees or offices; it can however highlight the advantages
of the Commission Agent over DMV.
3. The Commission Agent may not use "DMV" as part of the business name. DMV
may be used to describe what the business does.
4. The Commission Agent may not use "DMV" as part of their job titles and/or
signature blocks.
5. A Third -Party Tester may not advertise or otherwise imply that it can issue or
guarantee the issuance of any class of driver's license; that the instructor or examiner
can in any way influence the DMV in the issuance of any class of driver's license;
that it can obtain preferential or advantageous treatment from the DMV; or that the
program is in any way endorsed by the DMV over another program. The Third -Party
Tester may in their advertising state they are "CERTIFIED" or "APPROVED" by the
DMV to conduct road tests.
B. ASSIGNMENTS. The Commission Agent may not assign any of the Commission
Agent's obligations or rights under the Contract, without first obtaining the written consent
of OPPM, which consent is in the sole discretion of DMV.
C. COMPLIANCE WITH LAWS AND REGULATIONS. The Commission Agent shall
comply with all federal, state, and local statutes, regulations, and ordinances.
D. EFFECTIVE DATE. The Contract shall be effective when fully executed by both parties.
E. ERRORS MADE BY COMMISSION AGENT. When a transaction, road test, or other
service provided by the Commission Agent has been found to have an error requiring the
reprocessing of a document or retesting of an applicant, the Commission Agent must fix the
Appendix H CT# 5006 City of Seward 13 I P a g e
error with no associated fees. If the customer requests DMV to fix the error, then all
applicable fees will be collected by DMV from the customer.
F. FORCE MAJEURE. 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 Contract,
if that failure or default is caused by any unforeseeable Force Majeure, beyond the control of,
and without the fault or negligence of, the respective party. For the purposes of this Contract,
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 of governmental
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.
G. GOVERNING LAWNENUE. This Contract is governed by the laws of the State of
Alaska under AS 36.30. Any disputes must be handled under AS 36.30.620.
H. INDEMNIFICATION. The Commission Agent shall indemnify, hold harmless, and
defend the contracting agency from and against any third -party claim of, or liability for error,
omission, or negligent act of the 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 of the contractor and the independent negligence of the contracting agency,
the indemnification and hold harmless obligation shall be apportioned on 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 of the contractor
and in approving or accepting the contractor's work.
I. INTEGRATION AND AMENDMENT. The Contract contains the entire Contract of the
parties. All prior negotiations, statements, representations, warranties, and assurances,
whether expressed or implied or oral or written, and which are or were in any way related to
the subject matter of the Contract, are merged, and integrated into the Contract. The Contract
may only be amended through OPPM with a written contract Amendment agreed to and
signed by both parties to the Contract.
J. PARTNERSHIP / JOINT VENTURE. The Commission Agent acknowledges and agrees
that the Contract does not create a joint venture or partnership between the State of Alaska
and the Commission Agent.
. K. NO EXCLUSIVITY. The Contract does not provide exclusivity to the Commission Agent
or to any area, region, or municipality.
Appendix H CT# 5006 City of Seward 14 I P a g e
L. PROOF OF COMPLIANCE. OPPM may request that the Commission Agent provide
proof of compliance with any requirements of the Contract upon five business days' notice.
M. RIGHT TO AUDIT. At any time during the Commission Agent's regular working hours,
DMV shall have full and complete access to the Commission Agent's premises, employees,
representatives, books, accounts, records, computer hardware, and computer software in order
to inspect and audit the Commission Agent's work under this Contract, including but not
limited to inspecting and auditing Accountable Inventory, the administration of Road Tests or
Instruction for Third -Party Examiners and Instructors, and other records related to the
processing of DMV transactions. Commission Agent Representatives may be notified at least
24 hours in advance and have the option to be present during the audit.
N. RIGHTS OR REMEDIES. No right or remedy conferred by the Contract to or reserved to
DMV or to Contractor is intended to be exclusive of any other right or remedy, and each and
every right and remedy under the Contract is cumulative and in addition to any other right or
remedy existing at law or in equity or by statute.
O. SEVERABILITY.
1. Any provision of the Contract that shall prove to be invalid, void, or illegal shall in no
way affect, impair, or invalidate any other provision hereof and the remaining provisions
shall nevertheless remain in full force and effect.
2. If any provision in this Contract is found to be invalid, unlawful, or unenforceable the
parties shall agree in good faith to such amendments as will preserve the intent of this
Contract. If the parties fail to so agree, such invalid provision will be severed from this
Contract, which will continue in full force and effect.
P. TAXES AND ASSESSMENTS. The Commission Agent shall promptly and timely pay
any and all taxes and assessments, including any applicable sales tax, levied upon the premises
or transactions of the Commission Agent. The Commission Agent is strongly urged to contact
the local government where it operates to determine whether sales taxes may apply to the
assessment of its service charges or other revenues collected under the Contract.
Q. TIME OF THE ESSENCE. The Commission Agent hereby agrees that time is of the
essence with respect in providing any required documents, communications, and information
to DMV and OPPM during the Contract. Time is of the essence as to each term and provision
of the Contract.
R. WAIVER AND FORBEARANCE. Except to the extent the parties agree in writing, no
waiver by a party of any breach by the other of any of the other party's obligations shall be
deemed to be a waiver of any subsequent breach of the same or any other obligation. Similarly,
any forbearance by a party to seek a remedy for any breach of the other party shall not be
deemed a waiver of a party's rights or remedies with respect to such breach or any other breach.
Appendix H CT# 5006 City of Seward 15 I P a g e
VII. CONTRACT APPENDICES FOR SPECIFIC SERVICES
This document along with additional Contract Appendix(ices) between DMV and the Contract
Agent grants the Contract Agent authority to provide specific DMV services. No other terms
or conditions are a part of this Contract except for those described in the Appendices. This
Contract and its Appendices shall not be modified except by a subsequent Contract
Amendment made in writing through OPPM, duly signed by the authorized representative of
both parties.
IN WITNESS WHEREOF, the parties have executed this This Contract as follows.
Dated this day of , 20 Dated this day of , 20
City of Seward State of Alaska, Department Administration,
Division of Motor Vehicles
Signature: Signature:
Printed Name: Printed Name:
Title: Title:
Email address: Email address:
Appendix H CT# 5006 City of Seward 16 I P a g e
Ir
Attachment One DMV System Requirements
Computers
• Minimum Requirements:
o Processor: Intel(R) Core(TM) i5
o Memory: 16GB
o USB: 6 USB 2.0 Ports
o OS: Windows 7
o Security: Any antivirus/antimalware solution with a software firewall
• Recommendations:
o Video card capable of running two monitors
o Processor: Intel(R) Core(TM) i7
o Memory: 16GB
o USB: 8 USB 3.0 Ports
o OS: Windows 10 64bit
• Additional Requirements:
o Microsoft dotNet 4.5.2 minimum, but 4.7.3 recommended
o All Microsoft dotNET and security patches will need to be maintained in a
timely manner
Peripherals
Desktop Scanner Specs:
• Recommendation:
o Canon DR-C240
• Minimum Requirements:
o USB 2.0/3.0 compatible
o Capable of creating PDF, TIFF, JPEG files
o Model compatible with Windows 7 and Windows 10 64bit
Signature Pad Specs: (To be purchased through DMV)
• Recommendation:
o Wacom — STU-530 (new model)
Barcode Reader Specs:
• Recommendation:
o M4 2D Scanner
• Minimum Requirements:
o USB 2.0/3.0 compatible
o Model compatible with Windows 7 and Windows 10 64bit
o Capable of reading 2D Images
Page I of 2
October 2022
Attachment One DMV System Requirements
Printer Specs:
• Recommendation:
o HP LaserJet 600
o HP LaserJet P3015N
o Drivers and Model Windows 10 64bit compatible
• Minimum Requirements:
o USB 2.0/3.0 compatible
o Drivers and Model compatible with Windows 7 64bit
Vision Machine (ID/DL Only):
• Recommendation:
o Optec 1000
• Minimum Requirements:
o Ability to determine if someone has 20/40 vision
END OF PAGE
Page 2 of 2 October 2022
APPENDIX A
GENERAL CONDITIONS
1. Inspections and Reports:
The department may inspect, in the manner and at reasonable times it considers appropriate, all of the contractor's facilities and activities under
this contract. The contractor shall make progress and other reports in the manner and at the times the department reasonably requires.
2. Suitable Materials, Etc.:
Unless otherwise specified, all materials, supplies or equipment offered by the contractor shall be new, unused, and of the latest edition, version,
model, or crop and of recent manufacture.
3. Disputes:
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-AS 36.30.632
4. Default:
In case of default by the contractor, for any reason whatsoever, the State of Alaska may procure the goods or services from another source and
hold the contractor responsible for any resulting excess cost and may seek other remedies under law or equity.
5. 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 Procurement Officer.
6. No Additional Work or Material:
No claim for additional supplies or 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
Procurement Officer.
7. 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.
S. 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.
9. Compliance:
In the performance of this contract, the contractor must comply with all applicable federal, state, and borough regulations, codes, and laws, and be
liable for all required insurance, licenses, permits and bonds.
10. 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 terms to this contract; AS 45.02.207(b)(l). The contractor specifically acknowledges
and agrees that, among other things, provisions in any documents it sees 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) seek to limit liability of the contractor for acts of
contractor negligence, are expressly superseded by this contract and are void.
11. Officials Not to Benefit:
Contractor must comply with all applicable federal or State laws regulating ethical conduct of public officers and employees.
12. Contract Prices:
Contract prices for commodities must be in U.S. funds and include applicable federal duty, brokerage fees, packaging, and transportation cost to the
FOB point so that upon transfer of title the commodity can be utilized without further cost. Prices for services must be in U.S. funds and include
applicable federal duty, brokerage fee, packaging, and transportation cost so that the services can be provided without further cost.
13. Contract Funding:
Contractors are advised that funds are available for the initial purchase and/or the first term of the contract. Payment and performance obligations
for succeeding purchases and/or additional terms of the contract are subject to the availability and appropriation of funds.
14. Force Majeure:
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 Majeure, 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 of governmental authorities affecting the project or directly or indirectly prohibiting or restricting the
I
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.
15. Contract Extension:
Unless otherwise provided, the State and the contractor agree: (1) that any holding over of the contract excluding any exercised renewal options,
will be considered as a month -to -month extension, and all other terms and conditions shall remain in full force and effect, and (2) to provide
written notice to the other party of the intent to cancel such month -to -month extension at least thirty (30) days before the desired date of
cancellation.
16. Severability:
If any provision of the contract is declared by a court to be illegal or in conflict with any law, the validity of the remaining terms and provisions
will not be affected; and the rights and obligations of the parties will be construed and enforced as if the contract did not contain the particular
provision held to be invalid.
17. Continuing Obligation of Contractor:
Notwithstanding the expiration date of this contract, the contractor is obligated to fulfill its responsibilities until warranty, guarantee,
maintenance, and parts availability requirements have completely expired.
18. Termination.
a. The Procurement Officer, 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 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.
b. The Procurement Officer may also, by written notice, terminate this contract under Administrative Order 352 if the contractor supports or
participates in a boycott of the State of Israel.
19. Governing 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.
4
STANDARD CONTRACT FORM
Goods and Non -Professional Services
The parties' contract comprises this Standard Agreement Form, as well as its referenced Articles and their associated Appendices
1. Agency Contract Number
5006
2. Contract Title
DMV Commission Agent
3. Agency Fund Code
N/A
4. Agency Appropriation Code
N/A
5. Vendor Number
N/A
6. IRIS GAE Number (if used)
N/A
7. Alaska Business License Number
Exempt
This contract is between the State of Alaska,
8. Department of
Administration
Division of
Motor Vehicles
hereafter the State, and
9. Contractor City of Seward
Contact: Regina Huett Email:
rhuettna.cityofseward.net anickellecityofseward.net
hereafter the contractor
,
Mailing Address / Street or P.O. Box City State ZIP
P.O. Box 167 Seward AK 99664
10.
ARTICLE 1. Appendices: Appendices referred to in this contract and attached to
ARTICLE 2. Performance of Contract:
2.1 Appendix A (General Provisions), Articles 1 through 19, govern contract
2.3 Attachment - Appendix B Title and Registration
2.4 Attachment - Appendix C Drivers License and Identification Card and Attachment
2.6 Attachment - Appendix E Non -Commercial Third -Party Tester
2.7 Attachment - Appendix F Commercial Third -Party Tester for Government
2.9 Attachment - Appendix H DMV Commission Agent and Attachment One
ARTICLE 3. Period of Performance: The period of performance for this contract
one-year renewal options available to be exercised solely at the discretion
NOTICE: This Contract has no effect until signed by the head of
This Contract will be in effect when all required Appendix H and
it are considered part of it.
performance.
One Rental Agreement
Agencies
DMV System Requirement and Rental Agreement
begins July 1.2024 and ends December 31.2025 with three
of the State.
contracting agency or designee.
Appendix F documents have been received in their entirety.
11. CONTRACTOR
Name of Firm
City of Seward
Signature of Authorized Representative
Typed or Printed Name of Authorized Representative
Date
12. • DIVISION
13. CONTRACTING AGENCY
Department/Division
Administration/Motor Vehides
Department/Division
Administration/OPPM
Signature of Project Director
l
Signature of Head of Contracting Agency or Designee
Typed or Printed Name of Project Director
Mantes Montano
Typed or Printed Name
Date
Date
SCF.DOC