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HomeMy WebLinkAboutContract 45173 (2)4 A • STATE OF TEXAS 4 COUNTY OF TRAVIS § • C1T 8ECRETA CONTRACT 3 )13 • . �. .. ...ii . INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES: The Texas Department of Motor Vehicles (TxDMV) City of Fort Worth (Local Government) II. PURPOSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records. III. STATEMENT OF SERVICES TO BE PERFORMED: TxDMV will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: Contract payment shall conform to the provisions of Attachment B, Budget. V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates five years from the date this contract is executed by the state, or when otherwise terminated as provided in Attachment C, Article 5 of this Agreement. VI. LEGAL AUTHORITY: THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties. TxDMV further certifies that it has the authority to perform the services by authority granted in Section 702.003 and in Section 707.017 of the Texas Transportation Code. The governing body, by resolution or ordinance, dated 10 / 2 2 / 2 013 Government to obtain the services described in Attachment A. , has authorized the Local This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget, Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance, Attachment F, Contact Information, and Attachment F, Account Information. City of Fort Worth By `rGmaHao .L_» AUTHORIZED SIGNATURE TYPED OR PRINTED NAME AND TITLE Title ASSFE4 FOR THE STATE OF TEXAS • Executed for the Executive Director and approved by the Te as epa r the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore approve nd aut orized by t e Texts Department of Motor Vehicles Board. dA4 Randy pro on Direct ehicle Titles and Registration Division Texas Department of Motor Vehicles, nFFTIAL RECORD City Scofflaw - RFt, UNIE ECRttAM FE WORTH, TX RECEIVED ,) Lob (Name of Local Government Date // daVa �t 8 cso „roc, 00000000.01e: 5„)._ By Page 1 of 7 Date APPROVED AS TO FORM AND In ALITY Revised 08/15/2011 ATTACHMENT A Scope of Services TxDMV will: 1. On initial probes (inquiries) of data submissions received from the local government, generate an output file containing matching license plates. If no vehicle record is found, such factual information will be indicated on the output file together with the input data. Input and output files will be returned to the Local Government after completion of the computer run. Place `flags" on vehicle records based on data submissions received from Local Government containing "flag" request codes. 2. Remove "flags" from vehicle records based on data submissions received from Local Government containing "clear" request codes. Local Government shall: 1. Provide data submissions to TxDMV in accordance with TxDMV specifications for computer run of initial probes (inquiry), flags (marking) of vehicle records and clears (removal) of flags. Due to changing technology, these specifications will be distributed by TxDMV to the local governments on September 1st of every year. 2. Submit an application to establish the method of payment (see Attachment F), and establish an account prior to submitting inquiries City Scofflaw Page 2 of 7 Revised 08/15/2011 ATTACHMENT B Budget Fees for file submission and transactions shall be submitted to TxDMV in accordance with 43 TAC Chapter 207. Payments shall be submitted to the following address: Texas Department of Motor Vehicles Administrative Services Division PO Box 5020 Austin, TX 78763-5020 A. If the Local Government chooses to establish a "Pay On Demand' account, the applicable payment of fees must be made each time a request to probe (search/inquiry), place or remove "flags' from motor vehicle records is submitted to TxDMV. An account will be opened to hold the $500.00 (or greater) initial deposit. B. As an alternative, if the Local Government chooses to establish a non -interest bearing escrow 'Prepaid Account" with TxDMV, upon agreement between the Local Government, TxDMV and payment of applicable fees as described below, TxDMV will establish an account in the name of the Local Government. Charges shall be deducted from the escrow account until the balance of that account reaches the minimum required balance for the Local Government, as determined by TxDMV and provided herein. A deposit of at least $500.00 shall be maintained in a non -interest bearing escrow account. This initial deposit is to cover estimated service use. The escrow account shall be established with TxDMV prior to submission of probes (inquiries), or placing or removing 'flags' from motor vehicle records for the Local Government. Payment of the deposit shall be made by check or warrant, payable to the "Texas Department of Motor Vehicles' and is due upon execution of this contract. The $500.00 minimum balance, to be maintained in the escrow account may increase depending on established monthly usage by the Local Government. This additional funding is payable within fifteen (15) days from receipt of notification from TxDMV. An escrow account balance statement will be provided by TxDMV each time a probe or a request to place or remove 'flags" from motor vehicle records is submitted. If the balance in the non -interest bearing escrow account falls below the $500.00 minimum balance, TxDMV may suspend processing probes, or placing or removing "flags" from motor vehicle records for the Local Government until such time as a deposit is made by the Local Government, in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum balance. City Scofflaw Page 3 of 7 Revised 08/15/2011 ATTACHMENT C General Terms and Conditions Article 1. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 2. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shall prevail. Article 3 Disputes Any contractual or administrative disputes regarding the contract will be resolved pursuant to Texas Government Code Chapter 2001. Article 4. Ownership of Equipment Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by TxDMV under this contract will be owned by TxDMV. Article 5 Termination This contract may be terminated by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first. Upon termination of this contract any remaining funds in either a "Pay on Demand" account or a `Prepaid Account" as described in Attachment B shall be refunded to the Local Government following settlement of any outstanding processing fees. Article 6. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDMV under this contract may not make any offer of benefits, gifts, or favors to employees of TxDMV Article 7. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee of the other party Each party is responsible for its own acts and deeds and for those of its agents, servants, or employees. Article 8. Compliance with Laws The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. Article 9. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented City Scofflaw Page 4 of 7 Revised 08/15/2011 ATTACHMENT D Resolution or Ordinance On the 22 day of October , 20 13 Council passed Resolution No. 4256-10-2013 authorizing the City's participation in the Program. City Scofflaw Page 5 of 7 , the Fort Worth City/Town , hereinafter identified by reference, Revised 08/15/2011 • A Resolution NO. 4256-10-2013 AUTHORIZING THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES TO FLAG REGISTRATIONS OF VEHICLES WHOSE OWNERS ARE ALLEGED TO BE DELINQUENT IN THE PAYMENT OF CIVIL PENALTIES IMPOSED BY THE CITY'S AUTOMATED REDLIGHT ENFORCEMENT PROGRAM WHEREAS, Texas Transportation Code §707.017 provides that if the owner of a motor vehicle is delinquent in the payment of a civil penalty imposed by a photographic traffic signal enforcement system, the County Tax Assessor -Collector or the Texas Department of Motor Vehicles may refuse to register a motor vehicle alleged to have been involved in the violation: and WHEREAS, pursuant to Texas Transportation Code §707.002, the City Council adopted Ordinance No. 17677 establishing the Automated Red Light Enforcement Program for the City of Fort Worth: and WHEREAS, the City of Fort Worth desires to enter into an Interlocal Agreement with the Texas Department of Motor Vehicles (TxDMV) under which TxDMV will tlag registration renewals of a motor vehicle whose owner, as indicated by information submitted to it by the City is alleged to be delinquent in the payment of a civil penalty for said vehicle's violation of the City s Automated Red Light Enforcement Program; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: The City Manager is authorized to execute an Interlocal Agreement with the Texas Department of Motor Vehicles to flag registration renewals of a motor vehicle whose owner, as indicated by information submitted to it by the City, is alleged to be delinquent in the payment of a civil penalty for said vehicle's violation of the City's Automated Red Light Enforcement Program. Adopted this 22nd day of October, 2013, AT ItST: / By: �i r Mary KayseCity Secretary 4111446 akte o % ti if 'Zig oic hhttabb'da ATTACHMENT E Contact Information Technical assistance regarding probes, placing and removing of "flags" from motor vehicle records or information regarding payments for your account may be obtained by contacting the Administrative Services Division, Technology Support Branch, at (512) 465-7590 or (512) 465-7950 (Monday through Friday 8:00 AM - 5:00 PM). City Scofflaw Page 6 of 7 Revised 08/15/2011 ATTACHMENT F ACCOUNT INFORMATION • ADMINISTRATIVE SERVICES DIVISION 4000 JACKSON AVENUE, AUSTIN, TEXAS 78731-6007 PLEASE PRINT OR TYPE x Fbe Department USa OnIy:. Type of Account Requested: "Prepaid" Account "Pay On Request" Account DATE- ATTN: (Name and Telephone Number of Person Responsible For Account) Karen Edwards -Fisher 817-392-8056 ACCOUNT NAME: CFW Red Light Camera Program BILLING ADDRESS: Transportation and Public Works Department City of Fort Worth 1000 Throckmorton St. Fort Worth, TX 76102 ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Files) Karen Edwards -Fisher MAILING ADDRESS: same as billing E-MAIL ADDRESS: (For Contact Purposes By E-mail) karen.edwards-fisher@fortworthtexas.gov BUSINESS TELEPHONE NUMBER: 817-392-8056 a-brow:Amou. afe° Agreement-' Signe City Scofflaw ccourt Terhrinated/C`anceted 'i; r.--f BUSINESS FAX NUMBER: 817-392-6345 e cies> .__ Ount7thiis Page 7 of 7 Revised 08/15/2011