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HomeMy WebLinkAboutMINUTES - 01102006 - C.28 TO: BOARD OF SUPERVISORS L C. 023 FROM: DENNIS M. BARRY, AICP °P;. Contra COMMUNITY DEVELOPMENT DIRECTOR s - '3 Costa .� � County DATE: JANUARY 10, 2006 SUBJECT: AUTHORIZATION TO SIGN AGREEMENT WITH DEPARTMENT OF MOTOR VEHICLES SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATIONS AUTHORIZE the Community Development Director to sign the attached Government Agency Requester Account Application and Agreement with the Department of Motor Vehicles. FISCAL IMPACT NONE to the General Fund. The requested agreement pertains to a study of potential traffic impacts of up to three casinos in West County. The study is being funded jointly by the County, the Cities of West County, and other agencies through the West Contra Costa Transportation Advisory Committee (WCCTAC). BACKGROUND/REASONS FOR RECOMMENDATIONS The County is working with WCCTAC and its selected consultant, Dowling Associates, on a study of the traffic impacts of up to three casinos in West County. Part of the study will involve a license plate survey, which will provide us with information on the geographic area from which visitors drive to the existing Casino San Pablo. This will provide us with some insight into the geographic area from which visitors can be expected to come to the new casinos. In turn, this will enable us to make some assumptions about likely routes visitors will take to get to the casinos and the traffic impacts these trips will cause. To perform the license plate survey, license plate numbers will be recorded from the vehicles entering Casino San Pablo (the license plate numbers will be observed from nearby public property). The license plate numbers will then be entered into a computer file such as an Excel spreadsheet. CONTINUED ON ATTACHMENT: X YES SIGNATURwr&,4-0 _,Z12ECOMMENDATION OF COUNTY ADMINISTRATOR _ RECOMMEZATIPN O BOARD C MITTEE �4PPROVE OTHER SIGNATURE (S): r ACTION OF BOV ON 4ZI O APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS �/ I HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS (ABSENT )� J AND CORRECT COPY OF AN ACTION TAKEN A_/YES: NOES: AND ENTERED ON THE MINUTES OF THE ABSENT: ABSTAIN: BOARD OF SUPERVISORS ON THE DATE SHOWN. Contact: John Greitzer (925/335-1201) / cc: Community Development Department(CDD) ATTESTED v 4AV D H. Ballenger, PWD JOHN SWE N, CLLRK OF C. Lau, PWD THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY , DEPUTY G:\Transportation\Greitzer\Board Order\jan 10_2006 dmv request consent.doc DATA REQUEST AGREEMENT WITH DEPARTMENT OF MOTOR VEHICLES JANUARY 10. 2006 Page 2 BACKGROUND/REASONS FOR RECOMMENDATIONS (Continued) The list of license plate numbers will be submitted to the Department of Motor Vehicles (DMV), or to one of its authorized data vendors. DMV or its vendor will provide us with registration information that will include the addresses where each license plate number is registered. The consultants then can use these addresses to understand the geographic area from which casino trips are attracted. All of the data provided to us will be kept confidential, as required by DMV. When we receive the data,we will provide Dowling Associates with the addresses but not the names of the vehicle registrants. Dowling will use only the addresses, not the license numbers, in its analysis. The consultants cannot make this request directly to DMV because DMV will only provide the data to public agencies. Staff believes it is best for the County to request the data rather than WCCTAC because WCCTAC isn't a government agency. DMV makes its data available to government agencies, but we don't know whether they would make the data available to WCCTAC. Staff expects to make the data request through one of DMV's authorized data vendors rather than requesting the data directly from DMV. This is because the process is considerably easier and quicker when working through one of the authorized vendors (DMV has provided us with a list of these vendors). To facilitate the data exchange, DMV requires the County to sign the form shown in Exhibit A. Even if we request the data through a vendor rather than directly through DMV, the form still must be completed and signed by the County. Based on prices quoted to us from several data vendors, they likely will charge about$1,400 for the service. These funds will be covered by the study budget. The Board is asked to authorize the Community Development Director to sign the attached form for submittal to DMV. EXHIBIT A GOVERNMENT AGENCY REQUESTER ACCOUNT A Public Service Agency APPLICATION AND AGREEMENT DMV USE ONLY Return to:Department of Motor Vehicles Account Processing Unit—H221 P.O.Box 944231 Requester Code PART I APPLICATION Sacramento,CA 94244-2310 (916)657-5564 Expiration Date PLEASE PRINT CLEARLY IN INK OR TYPE Tech ID 1. CHECK APPROPRIATE BOX FOR TYPE OF GOVERNMENT AGENCY AS DEFINED IN CALIFORNIA CODE OF REGULATIONS,TITLE 13,ARTICLE 5.350.02(g) ❑ State ❑ Federal ❑ City Z County ❑ Special District ❑ Gov.Non-Profit Org. ❑ Court ❑ Law Enforcement ❑ Parking/Toll Authority ❑ Regulatory Agency ❑ Tax Collector GC§6252(b) ❑ Other,please describe: 2. NAMEOF GOVERNMENT AGENCY DIVISION/PROGRAM THAT WILL REQUEST DEPARTMENT INFORMATION Contra Costa County Community Development Department 3. NAME AND TITLE OF THE PERSON RESPONSIBLE FOR THE AGENCY(I.E.,DIRECTOR OR DESIGNEE) TELEPHONE Dennis M. Barry, AICP, Community Development Director ( 925 ) 335-1276 ext. 4. NAME AND TITLE OF THE PERSON TO CONTACT TO RESOLVE ACCOUNT PROBLEMS TELEPHONE E-MAIL ADDRESS John Greitzer, Senior Transportation925 )335-1201 ext. jgrei@cd.cccounty.us 5. STREET ADDRESS(PHYSICAL LOCATION) 651 Pine Street, North Wing, 4th Floor, Martinez, CA 94553 6. MAILING ADDRESS(IF DIFFERENT) Same as above 7, RECORD STORAGE ADDRESS(PHYSICAL LOCATION WHERE RECORDS WILL BE MAINTAINED FOR ON-SITE INSPECTION,REVIEW,OR AUDIT BY DMV OR ITS REPRESENTATIVES) Same as above 8. ISTHIS ACCOUNT BEING ESTABLISHED FOR YOUR AGENCY'S INVESTIGATORS OR AGENTS WHO ARE CLASSIFIED AS-PEACE OFFICERS"AS DEFINED IN§830.1-SWs ET AL.,CAUR PENAL CODE? ❑ Yes © No 9. ENTER EXISTING REQUESTER CODE(S)(IF ANY) a. I I I I I I b• I I I C. I I I I 10. WILL THE INFORMATION REQUESTED BE PASSED ON TO ANOTHER PARTY TO PERFORM A BUSINESS FUNCTION BASED ON THE INFORMATION RECEIVED FROM THE DEPARTMENT? IF YES,PLEASE IDENTIFY THE NAME OF THE PARTY AND BRIEFLY DESCRIBE THE BUSINESS FUNCTION TO BE PERFORMED.(USE ADDITIONAL SHEETS IF NECESSARY) © Yes ❑ No Name: Dowling Associates Business Function:See attached sheet 11, WHICH ACCESS METHOD WILL YOU USE?(CHECK ALL THAT APPLY) ❑ Magnetic Tape(Cartridge) ❑ Paper(Not for Parkingfroll Agency Requester) ❑On-line'(Not CLETS/NLETS,requires dedicated line and programming) ❑ Electronic Information Exchange(NJE,RJE,MAIL BOX,FTP) ©Other(Describe) will work through vendor *Please contact the Customer Agreement Administration Services at(916)657-5582 toron-tine access requirements. 12. DO YOU REQUIRE RESIDENCE ADDRESS INFORMATION? Z Yes ❑ No DMV USE ONLY 13. CHECK TYPE OF RECORDS)REQUESTED.EXPLAIN PURPOSE AND INTENDED USE IN SPACE PROVIDED.GIVE DETAILS(ATTACH ADDITIONAL SHEETS PROPOSED USE APPROVED ❑ Driver License/Identification Card IF NECESSARY.) ❑ Yes ❑ No PROPOSED USE APPROVED (� Vehicle/Vessel Registration ❑ Yes ❑ No will need registration addresses for approximately 300 license plate numbers- Data will he used in a traffic study on the im]pacts of three proposed gambling casinos in West Contra Costa County. PROPOSED USE APPROVED ❑ Financial Responsibility ❑ Yes ❑ No PROPOSED USE APPROVED ❑ Occupational License ❑ Yes ❑ No INF 1130/1(REV.6/2004)UH PART II AGREEMENT A. GENERAL PROVISIONS 1. This Application/Agreement, hereinafter referred to as"Agreement", is between the State of California, Department of Motor Vehicles (DMV), hereinafter referred to as the "Department", and the Government Agency identified in Part I, hereinafter referred to as the "Requester",for the purpose of the Department providing,information from its files for Government Agency use. 2. The term of this Agreement shall be for forty eight(48)months from the approval date and renewable at forty eight(48) month intervals thereafter.This Agreement expires 3. This Agreement is subject to any restrictions, limitations,or provisions enacted by the California State Legislature which may affect the provisions or terms set forth herein.The Requester is required to comply with the applicable statutes of the California Vehicle Code(CVC), California Code of Regulations(CCR)Title 13,and United States Code Title 18. 4. No alteration or variation of the terms of this Agreement shall be valid unless made in writing and signed by both parties hereto.No oral understanding or agreement, not incorporated herein,shall be binding on either party. 5. Requester shall not represent themselves as agents/employees of the Department.For the purposes of this Agreement,the"Requester" includes the Requester's employees. 6. Requester agrees to defend,indemnify,and hold harmless the Department and its employees or agents from any and all claims,actions, damages,or losses which may be brought or alleged against its employees or agents for the negligent,improper,or unauthorized use or dissemination by the Requester or by reason of inaccurate information furnished to the Requester by the Department. 7. This Agreement is not assignable by the Requester,either in whole or in part,without prior written consent of the Department. 8a. Any promotional or informational material related to accessing the Department's records shall be accurate and consistent with the terms of this Agreement, and shall only contain factual statements relating to the purpose and condition of access. b. Requester shall not use the logogram «,K.,a in any advertising or other agency business materials used in the business of the Requester.Advertising shall neither state nor imply that there is any official connection between the Department and the Requester,or that the Department has sanctioned or approved of either the advertisement or the Requester's service. 9a. If the Agency Official,or designee responsible for the administration of the account,contact person,agency address,or any other changes of information occur in Part I of this Agreement,notification shall be submitted,in writing,within ten(10)business days on agency letterhead or on the Notice of Change–Government Requester Accounts( INF 350)to the following address: Department of Motor Vehicles Account Processing Unit—H221 P.O. Box 944231 Sacramento, CA 94244-2310 b. Requester shall notify the Department,in writing,(see address noted above)within ten(10)business days of any intended or actual closure of the Government Agency Requester Account, B. INFORMATION USE 1. Requester shall not use Department records for any purpose except for that which has been approved by Department in Part I. 2. When a non-law enforcement agency receives information from Department records that indicates a vehicle or vessel has a Department of Justice(DOJ) stop, Requester shall immediately notify local law enforcement of its location, if known. C. GENERAL SECURITY REQUIREMENTS 1. Requester shall maintain the security and integrity of the information it receives.A violation of any provision(s)of the Agreement,whether by omission or commission, shall be grounds for action by the Department and may result in suspension or termination of service to Requester. 2. Requestershall ensure compliance with all the security provisions of thisAgreement.Iffraud orabuse issuspected orconfirmed,Requester shall notify the Department's Information Services Branch, Policy and Automation Section, by telephone, at(916)657-5583 within one business day.A written notification containing all facts therein shall be prepared by the Requester within three business days and mailed to the Department at the following address: Department of Motor Vehicles Information Services Branch Policy and Automation Section—H225 P. O. Box 942890 Sacramento, CA 94290-0890 3 a. Requester shall require every employee and the system administrator,having direct or incidental access to Department records,to sign a copy of the Employee Security Statement(INF 1128),upon initial authorization for access to Department records and annually thereafter. A copy of the Requester's signed statement shall be maintained on file for at least two years following the deactivation or termination of the authorization and shall be available to Department upon demand. INF 1130/2(REV.62004)UH b.Requester shall restrict the use and knowledge of requester codes and operational manuals to persons who have signed an Employee Security Statement(INF 1128) . c.Requester shall maintain a current list of names of persons authorized to access Department records. This list shall be available to Department upon demand. 4. Access terminals and modems shall not be left unattended while in active session unless secured by a locking device that prevents entry or receipt of information, or are placed in a locked room that is not accessible to unauthorized persons. 5. Video terminals,printers,hardcopy printouts,or any other form of duplication of Department approved records that are located in public access areas shall be placed so that the records shall not be viewed by the public or other unauthorized persons. 6. All information received from the Department's files must be destroyed once its legitimate use has ended.The method of destruction for Department's records will be conducive to the type of record requested and in a manner that cannot be reproduced or identified in any physical or electronic form. 7. Requester shall not disclose its Department assigned requester code,either orally or in writing,to anyone who is not in the direct employ of Requester or who has not signed the Employee Security Statement(INF 1128)other than a Department approved Vendor or Agent. 8. Requester shall not sell, retain, distribute, provide or transfer any record information or portion of the record information acquired under this Agreement except as authorized by the Department. D.RESIDENCE ADDRESS ACCESS AUTHORITY 1 Requester shall protect the confidentiality of any residence address received from Department records pursuant to CVC §1808.47. Requester's employees shall not obtain or use any confidential or restricted records for any purpose other than the reason set forth and authorized by the Department. 2. Requester may release residence or mailing address information to an individual,other than an employee,who is acting on behalf of the Requester provided an agreement acknowledging the confidentiality of residence address information pursuant to CVC§1808.47 is signed by the individual with whom the Requester has contracted services. E.AUDIT 1. Requester's documentation supporting the reason for inquiry, including but not limited to, transaction details, and computer software/ programs maintained for the purposes defined in this Agreement, shall be subject to inspection, review, or audit by Department or its designee for a period of two years from the date of the request. 2. Requester agrees to accommodate Department's request for an inspection,review or audit on one business day's notice and to allow on- site audits during regular business hours. F.SIGNATURE REQUIREMENTS The Government Official responsible for the agency,or his/her designee identified in Part I,question 3,agrees to the provisions contained herein and shall be responsible for the orientation,training,and supervision of persons authorized to access Department record information. 1 understand that false or misleading answers are cause for denial of an Agreement and/or termination of any access agreement granted. I authorize the Director of the Department of Motor Vehicles, or the Director's designee, to investigate any matter or statements contained in this application. l understand that if this application forrequesteraccount is approved,I will be required to conform to the statements presented within. This Agreement specifies the terms and conditions of our relationship.Any deviations will be considered by DMV as misuse,and may result in both revocation of the account and refusal of subsequent applications. I understand that according to provisions of the California Vehicle Code Section 1808.45,the willful,unauthorized disclosure of information from any department record fora purpose otherthan the one stated in the request,or the sale or other distribution of the information to a person or organization not disclosed in the request is a misdemeanor,punishable by a fine not exceeding$5,000 or by imprisonment in the county jail not exceeding one year, or both fine and imprisonment. 1 understand that according to provisions of the California Vehicle Code Section 1808.46,any person holding a requestercode who directly or indirectly obtains information from the Department of Motor Vehicles using false representations or distributes restricted or confidential information to anyperson or uses the information fora reason not authorized orspecified in this application is liable to the Department of Motor Vehicles forcivil penalties up to$100,000 and shall have their requester code privileges suspended fora period up to five(5)years or revoked. I certify under the penalty of perjury that the foregoing information on this Agreement for information access is true and correct. EXECUTED AT;CITY COUNTY STATE ON:(DATE) Martinez Contra Costa CA PRINT NAME AND TITLE OF SIGNATORY SIGNATURE Dennis M. Barry, ATCP, Community Development Dir. APPROVED BY DEPARTMENT OF MOTOR VEHICLES REPRESENTATIVE: Signature Date Print Name and Title INF 1130/3(REV.6/2004)UR 909 I i i Question No. 10. —Additional Sheet of Explanation The data requested will be used by a transportation consulting firm, Dowling Associates of Oakland, CA, to perform a traffic impact study that will determine the potential traffic impacts of up to three gambling casinos within several miles of each lother in western Contra Costa County. The traffic impact study is being co-sponsored by Contra Costa County and the Cities of Richmond, El Cerrito, Pinole, Hercules, and other local agencies in western Contra Costa County. Dowling Associates has been hired to perforin the technical work ford the traffic impact study. They will be provided with the registration addresses, but not!the names or any other information. The registration addresses will enable Dowling Associates to define the geographic area from which visitors come to the existing Casino San Pablo in western Contra Costa County. This in turn will enable them to draw conclusions about the geographic area from which additional visitors may come to the proposed additional casinos. By understanding the locations from which visitors come, we can then understand which routes they will take and forecast the likely traffic impacts that would result from the additional casinos. The contact information for Dowling Associates is: i Mark Bowman Principal Dowling Associates, Inc. 180 Grand Avenue, Suite 250 Oakland, California USA 94612 phone (510) 839-1742 j fax (510) 839-0871 i i i �I i II II i i i