HomeMy WebLinkAboutItem 4.6 Business License Info Share with DSRSD (2) CITY OF DUBLIN
AGENDA STATEMENT
CITY COUNCIL MEETING DATE: July 8, 1991
SUBJECT: Agreement to Share Business License Information with
Dublin San Ramon Services District
(Prepared by: Phillip Molina, Finance Director)
EXHIBITS ATTACHED: Pr osed Agreement
RECOMMENDATION: `\li Authorize the Mayor to execute the agreement.
FINANCIAL STATEMENT: DSRSD will reimburse the City with an annual
payment of $1 , 200 for the transfer of City
business license data to DSRSD each month. This
covers the City's cost of providing the
information.
DESCRIPTION: The City Staff and the staff from the Dublin San Ramon
Services District (DSRSD) have been discussing the sharing of information,
which the City receives from businesses through its business license
application processing. DSRSD is in need of a complete data base of
businesses operating within the City for purposes of water regulations and
fee structuring.
Both agencies use the IBM System 36 computer for their accounting services,
and, consequently, the information in one system can be transferred back
and forth by use of mutually compatible computer tapes.
DSRSD has agreed to pay at the beginning of each year $1 , 200 for the 12
monthly updates of the files.
The agreement holds the City harmless against all claims, precludes the
transmission of any confidential financial information, and provides for
the termination of the agreement by either party by use of a written notice
to the other party.
If authorized, the agreement will take effect on July 1 , 1991 .
Staff recommends that the Council authorize the Mayor to sign this
agreement with the Dublin San Ramon Services District.
a:s78dsrsd.doc.agenda#5
----------------------------------------------------------------------
COPIES TO:
ITEM NO. 6
A G R E E M E N T
This Agreement is made and entered into this 1st day of July,
1991, by and between the Dublin San Ramon Services District ( "DSRSD" )
and the City of Dublin ( "City" ) .
1 . Purpose of Agreement. DSRSD has requested the City to provide
DSRSD with information contained in public records held by the City and
the City is willing to provide such information to DSRSD subject to the
terms and conditions set forth herein.
2 . Disclosure of Information. City shall provide DSRSD with the
information contained in Exhibit A attached hereto and incorporated
herein by this reference. Said information shall be obtained from the
Business License Registration Program implemented by City, only to the
extent that said information has been provided to the City by license
applicant. In no event shall City be required to provide information
which is exempt from disclosure by the California Public Records Act
(Government Code 6250 et seq)
3 . Delivery of Information. Within 30 days from the date of
execution of this Agreement, City shall deliver ( the "Initial Delivery" )
to DSRSD all the information (as supplied by license applicants)
requested in Exhibit A for all businesses which are participating in the
Business License Registration Program.
4 . Monthly up-dates. City shall furnish DSRSD by the 10th day of
each month subsequent to the Initial Delivery, the information requested
in Exhibit A (to the extent that applicants have supplied the
information) on all businesses which have provided City with information
pursuant to the Business License Registration Program through the 1st of
each month. This will include all previous information plus all new
businesses registering within the previous month.
5 . Term and Payment. Within 30 days of the Initial Delivery, DSRSD
shall pay City the sum of $1200. 00 for services and supplies ( as herein
described) to be rendered by City for a period of 12 months.
This Agreement shall be in force and effect for a period of 12
months. commencing on the date of execution of this Agreement by all
parties and shall be automatically renewed for 12 month periods unless
provided otherwise in writing by either party, provided DSRSD makes the
payment required by paragraph #6 .
6 . Payment Upon Renewal. Upon each renewal of this Agreement,
DSRSD shall pay City the sum of $1200 . 00 for services to be rendered by
City for the subsequent 12 month period
7 . Liaison Between Parties. City and DSRSD hereby designate
representatives for liaison between the parties to facilitate the
delivery of information to DSRSD. The Designated persons are:
City Katie Mooney, Account Technician
DSRSD Marilyn Messier, Utility Billing Supervisor
8 . Method of Transmission. The information shall be provided by
City to DSRSD via standard DC300 XL/P computer tape. The City and
DSRSD agree that the systems of electronic communication used by the
parties are compatable with each other and City agrees that all
transmission shall be made via the system contemplated by the parties at
the time of execution of this agreement.
-2-
9 . Financial Information. Nothing in this agreement shall be
interpreted as a request by DSRSD for confidential financial information
on any individual or entity and no confidential financial information on
individuals or entities shall be provided by City to DSRSD.
10 . Illegality of Disclosure of Information. In the event that a
Court of competent jurisdiction determines that disclosure of some
information requested by DSRSD and listed in Exhibit A, which is
attached, hereto is prohibited by law, City shall, subject to DSRSD' s
option to terminate this agreement without further liability on either
party, continue the disclosure to DSRSD of all other information listed
in Exhibit A which has not been determined by the above-referred court
to be prohibited by law.
11 . Indemnification. DSRSD shall defend, indemnify and hold City
harmless from and against all claims, actions, causes of actions,
demands, liability, costs and expenses ( including attorney' s fees and
cost of suit) arising out of DSRSD' s misuse of the information provided
to DSRSD by City as herein described.
12 . Termination. In the event the City terminates this Agreement
or fails to provide DSRSD with the information requested pursuant to the
terms and conditions of this Agreement, City shall rebate to DSRSD the
sum of $100 . 00 for each remaining calendar month, or part thereof, which
remain on the 12 month term of this Agreement or of any subsequent 12
month period.
13 . Governing Law. The terms and conditions of this Agreement, and
the performance of the parties hereunder, shall be governed by the laws
of the State of California and venue shall be the County of Alameda.
-3-
1.4. Paragraph Headings. Paragraphs headings as used herein are for
convenience only, and shall not be deemed to part of such paragraphs nor
be construed to change the meaning thereof .
15 . Integration. This Agreement represents the entire
understanding of the parties as to those matters contained herein. No
prior written or oral understanding shall be of any force or effect with
respect to the matters covered herein. This agreement may not be
modified or altered except in writing signed by both parties and
approved in the same manner as this Agreement.
16. Notices. Notice as required or convenient for performance of
the parties hereunder or pursuant to this Agreement shall be in writing
and shall be delivered personally or by depositing said notice with the
United States Postal Service, First Class (or equivalent) postage
prepaid, and addressed:
City of Dublin
100 Civic Plaza
Dublin, Ca. 94568
Attn: Phillip S. Molina
Dublin San Ramon Services District
7051 Dublin Boulevard
Dublin, Ca. 94568
Attn: Robert J. Leete
or to such other address as may be specified in writing by the parties
during the term hereof .
17 . Attorney' s Fees, Costs . In the event either party hereto
commences in action against the other party arising out of or in
connection with this agreement, the prevailing party shall be entitled
to have and recover from the losing party reasonable attorney' s fees and
-4-
cost of suit.
18 . Execution. This Agreement shall be signed in duplicate
original counterparts by the parties, each of which shall be deemed to
constitute an original document.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement
the day and year first hereinabove written.
City Of Dublin, a municipality
By:
Dublin San Ramon Services
District, a public agency
By:
-5-
EXHIBIT "A"
Complete Business Name
Complete Business Address
Business Telephone Number
Owner' s Name
Owner' s Address
Owner' s Telephone Number
Standard Industries Classification (SIC Code) and legend
Proposition 65 Hazardous Materials Information (yes or no only)
Number of Employees
-6-