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HomeMy WebLinkAbout4.6 Business License Info Share with DSRSD 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-