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HomeMy WebLinkAboutContract 45249 (2)RECEIVED JAN 072014 RECEIVED OCT 29 10i3 COTYSECRETAkY CONTRACT P10. LI 2 AGREEMENT FOR RELEASE OF DRIVER RECORDS DATABASE TO GOVERNMENTAL ENTITIES This document constitutes an ("Agreement") made between the Texas Department of Public Safety ("TXDPS"), which is the state administrator for driver license and identification card records, and the Governmental Entity identified below ("the Governmental Entity"), which shall be referred to herein as "the Parties." Governmental Entity Name: PC � � LQDo £t- H , re, yt,t � LiAAjGC, Address: a (g !/I/L t S S O c_.t,2 t Aue leb U WHEREAS, Texas law authorizes TXDPS to provide Driver Records for specified permissible purposes; WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) and the Texas Motor Vehicle Records Disclosure Act (Chapter 730 of the Texas Transportation Code) extend privacy protections to Personal Information maintained in the files of state motor vehicle agencies such as TXDPS; WHEREAS, the Governmental Entity desires to obtain Driver Records, including Personal Information, from TXDPS; and WHEREAS, Texas law requires each prospective Governmental Entity to execute a written agreement or contract containing safeguards TXDPS. considers necessary or reasonable to ensure that Driver Records obtained are used only for permissible purposes and that the rights of individuals and TXDPS are protected before the Governmental Entity receives any Driver Records. THEREFORE, IT IS AGREED, that TXDPS shall deliver Driver Records to the Governmental Entity, subject to the following terms and conditions: 1. Definitions: a. Driver Records means a record that pertains to a motor vehicle operator or driver license or permit, or identification card issued by TXDPS for all license holders in Texas as described in Texas Transportation Code, Section 521.050. b. Personal Information means information that identifies an individual, including but not limited to an individual's date of birth, driver license number or identification card number, name, and address. 2. Certification of Permissible Use(s): The Governmental Entity, by signing this Agreement, hereby certifies compliance with all provisions of the federal Driver's Privacy Protection Act of 1994, the Texas Motor Vehicle TXDPS #DLD201208041313(b) Rev. 08/2013 Page 1 of 12 `1 Records Disclosure Act, and with all other state and federal laws applicable to this Agreement. The Governmental Entity certifies that its use of Driver Records obtained under this Agreement is for the following permissible purpose(s) only and for no others: Initial all that apply. 1. For use in connection with any matter of: (a) motor vehicle or motor vehicle operator safety; (b) motor vehicle theft; (c) motor vehicle emissions; (d) motor vehicle product alterations, recalls, or advisories; (e) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; (f) removal of nonowner records from the original owner records of a motor vehicle manufacturer to carry out the purposes of: the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seq.; 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331; the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982, 2119, 2312, 2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C. Section 3750a et seq., all as amended; the Clean Air Act, 42 U.S.C. Section 7401 et seq., as amended; and any other statute or regulation enacted or adopted under or in relation to a law included in this subsection; (g) child support enforcement under Chapter 231, Family Code; or (h) enforcement by the Texas Workforce Commission under Title 4, Labor Code. C4402. For use by a government agency, including any court or law enforcement agency, in carrying out its functions or a private person or entity acting on behalf of a government agency in carrying out the functions of the agency. 3. For use in connection with a matter of: (a) motor vehicle or motor vehicle operator safety; (b) motor vehicle theft; (c) motor vehicle product alterations, recalls, or advisories; (d) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers; (e) motor vehicle market research activities, including survey research; or (f) removal of nonowner records from the original owner records of motor vehicle manufacturers. 4. For use in the normal course of business by a legitimate business or an authorized agent of the business, but only to verify the accuracy of Personal Information submitted by the individual to the business or the authorized agent of the business; and, if the information is not correct, to obtain the correct information for the sole purpose of preventing fraud by pursuing a legal remedy against or recovering on a debt or security interest against the individual. cants. For use in conjunction with a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self -regulatory body, including service of process, investigation in anticipation of litigation, execution or enforcement of a judgment or order, or under an order of any court. TXDPS #DLD201208041313(b) Rev. 08/2013 Page2of12 6. For use in research or in producing statistical reports, but only if the Personal Infoinuation is not published, redisclosed, or used to contact any individual. 7. For use by an insurer or insurance support organization, or by a self insured entity, or an authorized agency of the entity in connection with claims investigation activities, antifraud activities rating, or underwriting. 8. For use in providing notice to an owner of a towed or impounded vehicle. 9. For use by a licensed private investigator agency or licensed security service for a purpose permitted as stated herein. 10. For use by an employer or an authorized agent or insurer of the employer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.0 Chapter 313. 11. For use in connection with the operation of a private toll transportation facility. 12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. §1681 etseq.), for a purpose permitted under that Act. 13. For use in the prevention, detection, or protection against personal identity theft or other acts of fraud. Prior to release of Personal Information, TXDPS may require additional information. 14. For any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public safety. Please provide the statutory authority: The Governmental Entity shall restrict access to, use of, and disclosure of Driver Records, including Personal Information, to designated personnel solely for the purposes as identified herein. Access to and use of Driver Records by the Government Entity's personnel that are not authorized is strictly prohibited. Any access, use and disclosure not required for the purposes of this Agreement or for any unofficial purpose is strictly prohibited. Violation of the federal Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result in civil and criminal penalties. 3. Resell or Redisclosure: The Governmental Entity shall not resell or redisclose Personal Information obtained under this Agreement to third parties in the identical or a substantially identical format. The Governmental Entity may resell or redisclose Personal Information only for a use authorized by Texas Transportation Code Section 730.007, and in compliance with the sections herein entitled ` Record Creation and Retention" and "Provide Copies of Records and Notification of Release.' TXDPS #DLD201208041313(b) Rev. 08/2013 Page 3 of 12 Personal Information under the Driver's Privacy Protection Act and the Texas Motor Vehicle Records Disclosure Act is not subject to the Texas Public Information Act. 4. Record Creation and Retention: If the Governmental Entity legally resells or rediscloses Personal Information obtained from Driver Records under this Agreement, the Governmental Entity shall create a record identifying each person or entity that obtained Personal Information from the Governmental Entity and the legally permissible purpose for which Driver Record were obtained. The Governmental Entity shall ensure that any third party to which it releases any Driver Records shall comply with all federal and state laws on the release of the infonanation and all terms, conditions, and obligations of this Agreement. The Governmental Entity shall retain such records for a period of not less than five (5) years following transfer of Driver Records to the third party of the following: the name of any person or entity to whom the release was made* the date the release was made; the permitted use for which Driver Records were released; the written agreement with the third party; and contact information for the person or entity Driver Records were released to. 5. Provide Copies of Records and Notification of Release: If the Governmental Entity rediscloses any Driver Records obtained under this Agreement to a third party, the Governmental Entity shall provide access to or copies of those records required in the section herein entitled `Record Creation and Retention" to TXDPS immediately upon TXDPS' request. TXDPS retains the right to require the records in any applicable format, including electronic or paper. The Governmental Entity shall bear the expense of providing this information to TXDPS, including any postage or shipping charges. 6. Unauthorized Disclosure: The Governmental Entity shall immediately, but no later than two (2) calendar days, notify TXDPS of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver Records obtained under this Agreement as soon as the Governmental Entity knows or should have known of such unauthorized or inadvertent release, disclosure, breach, or compromise of security This obligation applies whether the action or omission was by the Governmental Entity its employees or agents, or by any person or entity that acquired Driver Records from the Governmental Entity either directly or indirectly. The Governmental Entity shall notify TXDPS of any breach of system security as required by Section 521.053(c) of the Texas Business and Commerce Code, and shall cooperate fully with TXDPS in any investigation thereof. 7. Fees: Pursuant to Texas Transportation Code, Section 521.049, TXDPS shall not charge a fee for Driver Records discloses to a law enforcement or other governmental agency for an official purpose, unless the Governmental Entity requests Driver Records sold in bulk for research purposes. A Governmental Entity obtaining Driver Records for research shall enter into a separate contract with TXDPS to purchase Driver Records for a fee. 8 Acknowledgement and Disclaimer: The Governmental Entity acknowledges that TXDPS is furnishing Driver Records on an "as is" basis and TXDPS makes no representation or warranty as to the accuracy of any Driver Records TXDPS #DLD201208041313(b) Rev. 08/2013 Page 4 of 12 furnished. TXDPS expressly disclaims responsibility for any failure to deliver the Driver Records in a timely manner, or at all, in the event of staff shortages failures of appropriations, breakdown of equipment, compliance with new or amended laws, acts of authority exercised by a public official acts of God, or other circumstances which may delay or preclude furnishing Driver Records in a timely fashion. If Driver Records are not furnished, TXDPS has no further responsibility or liability to the Governmental Entity with respect to undelivered Driver Records and has no liability or responsibility whatsoever for delayed Driver Records 9. Consumer Protection: Driver Records furnished under this Agreement shall not be used by the Governmental Entity to engage in any method, act, or practice that is unfair or deceptive, nor shall Driver Records be used for marketing solicitations, or surveys not authorized by law. 10. Direct Access to Driver Records: No member of the public or any person outside the direct employ or control of the Governmental Entity shall be permitted direct access to Driver Records through the Governmental Entity under this Agreement for any reason other than the Governmental Entity's intended and legitimate use of Driver Records 11. Assignability: The Governmental Entity shall not assign license, or transfer any of its rights, duties, and obligations under this Agreement without the prior written consent of TXDPS An attempted assignment in violation of this section is null and void. Any approved assignment shall not relieve the assignor of any liability or obligation under this Agreement. 12. Successors: This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors, heirs, administrators personal representatives, legal representatives and permitted assigns. 13. Incorporation of Other Documents: This Agreement, including "Attachment A, Governmental Entity Information Form for Obtaining Driver Record Files, ' constitutes the entire agreement between the Parties with regard to the matters made the subject of this Agreement. There are no verbal representations inducements, agreements, understandings, representations, warranties, or restrictions between the Parties other than those specifically set forth herein 14. Term of Agreement: The term of this Agreement shall begin on the date it is signed by the last of the two Parties to this Agreement and shall continue in full force and effect for a term of three (3) years. Upon an amendment in writing to this Agreement executed by both Parties, this Agreement may be renewed for intervals of three (3) year at a time. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 5 of 12 15. Termination: a. For Convenience: Either Party may terminate this Agreement for convenience at any time for any reason by giving the other Party thirty (30) calendar days written notice If a Party elects to terminate this Agreement for convenience, all unfilled obligations shall remain in full force. In no event will termination for convenience by TXDPS give rise to any liability whatsoever on the part of TXDPS. b. For Cause: TXDPS may immediately terminate this Agreement for cause for any violation of the terms of this Agreement or for any violation of any state or federal law or regulation relating to the subject matter of this Agreement. TXDPS shall provide the Governmental Entity with written notice to teiiuinate this Agreement, which termination shall become effective immediately upon Governmental Entity's receipt of the notice. If this Agreement is ten iinated for cause, TXDPS may refuse to provide Driver Records to the Governmental Entity in any format. c. Mutual Termination: This Agreement may further be terminated by mutual agreement and consent, in writing, by both Parties. 16. Change of Status: This Agreement shall automatically terminate if the Governmental Entity ceases to exist, substantially changes the nature of its governing business, or if it ceases to qualify for Driver Records under the permissible use(s) certified in the section herein entitled "Certification of Permissible Use(s).' The Governmental Entity shall immediately notify TXDPS in writing of any change in status that may implicate this section. 17. Amendments: TXDPS may amend the terms and conditions of this Agreement from time to time in order to accommodate changes in the records or information furnished under this Agreement and for other reasons deemed appropriate by TXDPS. No modification or amendment to this Agreement shall become valid unless in writing and signed by both Parties. All correspondence regarding modifications or amendments to this Agreement shall be forwarded to TXDPS for prior review and written approval. Only an authorized representative or an authorized designee shall be authorized to sign changes or amendments. 18. Notice: Any notice required or permitted under this Agreement shall be directed to the Parties at the addresses shown below. The following contact person(s) is designated by the Governmental Entity to receive all notices regarding this Agreement: Point of Contact: C , L L LCSC `..� 1 -C-f t 1 S4 +'i'1 1-0/1/1 r e (/ `re TXDPS #DLD201208041313(b) Rev. 08/2013 Page 6of12 Alternate Point of Contact: Address: l f3 AA r 1%S o ut r t Atilt City, State, Zip Code: -�--odiq-- L o b ( . l L 3 to 1 tti Telephone Number: S (3 - --9 Z- Cp Z Cell Phone Number: S l — 9 SO ^ 03 (3 Fax: es :Rh 92_-- 7 ZY9 Email: y V\ cc 4J c � , fa 4 uJ cL � c¢„tj � All correspondence to TXDPS regarding this Agreement shall be mailed to the following address: Texas Department of Public Safety License and Record Service/Online Services P.O. Box 4087 Austin, Texas 78773-0360 (512) 424-5967 Fax: (512) 424-7456 Email: e.Commerce@dps.texas.gov Notices to the Parties at the addresses shown above shall be deemed received: (i) when delivered in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States mail by certified mail, return receipt requested; or (iii) when received if sent by confirmed facsimile or confirmed email. Either of the Parties may change its address or designated individual(s) to receive notices by giving the other Party written notice as provided above specifying the new address and/or individual and the date upon which it shall become effective. 19. No Joint Enterprise* TXDPS is associated with the Governmental Entity only for the purposes and to the extent set forth herein. The Governmental Entity is an independent entity and shall have the sole right to supervise, manage, operate, control, and direct the performance of the details incident to its duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership or joint venture, to create the relationship of an employer -employee or principal -agent, or to otherwise create any liability for whatsoever with respect to the indebtedness liabilities, and obligations of the Governmental Entity or any other party. 20. No Liability for Employees and Officers: Each Party to this Agreement shall have no liability whatsoever for the actions or omissions of an individual employed or contracted by another Party, regardless of where the individual's action or omissions occurred Each Party is solely responsible for the actions or omissions of its employees and agents; however, such responsibility is only to the extent required by Texas law. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 7 of 12 Where injury or property damage results from the joint or concurring acts or omissions of the Parties, liability, if any, shall be shared by each party in accordance with the applicable laws of the State of Texas, and subject to all defenses, including governmental immunity. These provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or entity not a Party hereto; nor shall any provision hereof be deemed a waiver of any defenses available by law 21. Compliance with Law: The Parties shall comply with all local, state, and federal laws and regulations applicable to the subject matter of this Agreement, including but not limited to, the federal Driver's Privacy Protection Act of 1994 and the Texas Motor Vehicle Records Disclosure Act. 22. Interpretation Against the Drafter: Regardless of which Party drafted this Agreement or the language at issue, any ambiguities in this Agreement or the language at issue shall not be interpreted against the drafting Party 23. Non -Waiver: Any failure of TXDPS, at any time, to enforce or require the strict keeping of any provision of this Agreement shall not constitute a waiver of such provision, and shall not affect or impair same or the right of TXDPS at any time to avail itself of same. 24. Headings: The headings, captions, and arrangements used in this Agreement are for convenience only and shall not be deemed to limit, amplify, modify, or to affect the meaning of the terms of this Agreement. 25. Severability: If one or more provisions of this Agreement or the application of any provision to any Party or circumstance is held invalid unenforceable, or illegal in any respect by a final order/judgment of the State Office of Administrative Hearings or a court of competent jurisdiction, the remainder of this Agreement and the application of the provision to other parties or circumstances shall remain valid and in full force and effect. 26. Audit and Inspection: The Governmental Entity is subject to audit and inspection, at any time during normal business hours and at a mutually agreed upon location, by the State Auditor, TXDPS, and any other department or agency responsible for determining that the Parties have complied with applicable law. The Governmental Entity shall provide ail reasonable facilities and assistance for the safe and convenient performance of any audit or inspection. The Governmental Entity shall keep all records and documents regarding this Agreement for the term of this Agreement and for five (5) years after the termination of this Agreement. 27. Governing Law and Jurisdiction: TXDPS #DLD201208041313(b) Rev. 08/2013 Page 8 of 12 This Agreement shall be construed in accordance with the laws of the State of Texas. Except as otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation shall be Travis County, Texas. 28. Chapter 2260, Texas Government Code: The Governmental Entity shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and the applicable TXDPS administrative rules to attempt to resolve all disputes or contract claims arising under this Agreement. 29. SurvivaI: Any provisions of this Agreement that impose continuing obligations on the Parties, including but not limited to the following, shall survive the expiration or termination of this Agreement for any reason: confidentiality and security obligations* notice regarding any unauthorized disclosure or breach; resell or redisclosure obligations audit obligations; and any other provision that imposes a continuing obligation on the Governmental Entity 30. Signature Authority: The signatory for the Governmental Entity hereby represents and warrants that it has full and complete authority to execute this Agreement. 31. Certifications: The Parties certify the following (i) each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party; (ii) this Agreement is authorized by the governing body of the Parties; (iii) each Party has the authority to enter into this Contract by authority granted in Texas Transportation Code, Chapter 521 and 730; (iv) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies; (v) the proposed arrangement serves the interest of efficient and economical administration of government; and (vi) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below. DEPARTMENT OF PUBLIC SAFETY: Sig tan ure Q,ri r a n SR. to Name and Tit e Date GOVERNMENTAL ENTITY: nature s �l. ban;aLs Name and Title ASSF, Ct4•1 Ntiniet er iazZ/3 Date TXDPS #DLD201208041313(b) Rev. 08/2013 Page 9 of 12 1 TXDPS #DLD201208041313(b) Rev. 08/2013 Page 10 of 12 ATTACHMENT A GOVERNMENTAL ENTITY INFORMATION FORM Nature of the Governmental Entity's CN c9 ✓—LCtM e_ Activities: o P 41 \�etitG /11� dd ✓% 1 j �J 1 [it r1 ,'i c -P List all URL addresses/Facebook/Twitter accounts used or possessed by the Governmental Entity: 1.t s A-7774cs6 CovL DC' Intended use of Driver Records obtained from TXDPS (Describe how the exemption qualifies for obtaining Driver Records): c Cce r L 4-IDJ' Ow IA v' S o L VVt.El ®rT ✓cit ctvtC t o`er en/L. If the Governmental Entity intends to release Driver Records obtained from TXDPS, explain what safeguards and/or assurances are in place to meet the requirements of this Agreement: If the Governmental Entity does not intend to release Driver Records to another entity, state so below: (en Ft-cif1-4 o CS eV es+. 1 v1b+'C'_ del 4-II) it C f 'C 'DPI vice CO Pc ts t �orv1-l�i 8-14 TXDPS #DLD201208041313(b) Rev. 08/2013 Page 11 of 12 Facebook Fort Worth -Henry Keep Fort Worth Beautiful Twitter Keep Fort Worth Beautiful Flickr COFWShelterPets URLs www.fortworthtexas.aov/solidwaste www.fo rtwo rthtexas.aov/so I idwaste/recvcl i nq www.fortworthtexastiov/solidwaste/kfwb www.fortworthtexas.aov/solidwaste/dropoff www.fortworthtexas.aov/solidwaste/aarbaae www.fortworthtexasmov/solidwaste/vardtrimminas www.fortworthtexas.qov/codecompliance www.fortworthtexas.qov/animals www.fortworthtexas.qov/westnilevirus www.fortworthtexas.qov/illeaaldumpina www.fortworthtexas.aov/miaratorvbirds www.fortworthtexas.qov/animals/feralcats www.fortworthtexas.gov/animals/adoption www.fortworthtexas.gov/animals/foundpets www.fortworthtexas.aov/animals/donate www.fortworthtexas.aov/animals/foundpets www.fortworthtexas.aov/animals/volunteer www.fortwortntexas.qov/rentaiproperty www.fortworthtexas.aov/health www.fortworthtexas.aov/healthfoodinspections www.fortworthtexas.aov/health/mobilevendors www.fortworthtexas.gov/health/childcare www.fortworthtexas.qov/health/temporary www.fortworthtexas.aov/health/guides If the Governmental Entity elects to receive a weekly update of Driver Records, indicate by checking the appropriate selection below. Failure to make a selection shall result in no weekly updates. Or Governmental Entity elects to receive weekly updates. Governmental Entity elects to NOT receive weekly updates. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 12 of 12 CITYSEcRETARY,1 cai 5'Z `1 AGREEMENT FOR RELEASE OF DRIVER RECORDS DATABASE TO GOVERNMENTAL ENTITIES This devament constitutes an ("Agreement") made between the Texas Department of Public Safety `TXDPS"), which is the state administrator for driver license and identification card records: and the Governmental Entity identified below ("the Governmental Entity"), which shall be refer ed to herein as "the Parties." Govern zental Entity Name: 11..77 IC bap r bb (= C niAio� Address l 8 04. t SS 6 e.i,2 c A cue kb LOenfer 7-42 d L{ WHERl;AS, Texas law authorizes TXDPS to provide Driver Records for specified permissible purposes WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994 (18 U.S.C. §2721 et seq.) and the Texas Motor Vehicle Records Disclosure Act (Chapter 730 of the Tee Transportation Code) extend privacy protections to Personal Information maintained in the of state motor vehicle agencies such as TXDPS; WHEREAS, the Governmental Entity desires to obtain Driver Records, including Personal Informa;on, from TXDPS; and WHEIWAS, Texas law requires each prospective Governmental Entity to execute a written agreematt or contract conta ling safeguards TXDPS considers necessary or reasonable to ensure that Dr -er Records obtained are used only for permissible purposes and that the rights of individ Is and TXDPS are protected before the Governmental Entity receives any Driver Record THE Entity, 1. De a. ORE, IT IS AGREED, that TXDPS shall deliver Driver Records to the Governmental i tbject to the following terms and conditions: titions: river Records means a record that pertains to a motor vehicle operator or driver license sr permit, or identification card issued by TXDPS for all license holders in Texas as (kescribed in Texas Transportation Code, Section 521.050. b. ersonal Information means information that identifies an individual, including but not i .nited to an individual's date of birth, driver license number or identification card amber, name, and address. 2. Certification of Permissible Use(s): The Governmental Entity, by signing this Agreement, hereby certifies compliance with all provisicr s of the federal Driver's Privacy Protection Act of 1994, the Texas Motor Vehicle TXDPS #DLD201208041313(b) Rev. 08/2013 Page 1 of 12 PE7IvEn OCT 2 9 2013 RECEIVED DEC 3 0 2013 Records Disclosure Act, and with all other state and federal laws applicable to this Agreement. The Gcirernmental Entity certifies that its use of Driver Records obtained under this Agreement is for than following permissible purpose(s) only and for no others: Initial ; I I that apply. 1. For use in connection with any matter of: (a) motor vehicle or motor vehicle operator safety; (b) motor vehicle theft; (c) motor vehicle emissions; (d) motor vehicle product alterations, recalls, or advisories; (e) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; (f) removal of nonowner records from the original owner records of a motor vehicle manufacturer to carry out the purposes of the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 'et seq.; 49 U.S.C. Chapters 301, 305, 323, 325 327, 329, and 331; the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981 982, 2119, 2312, 2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U S.C. Section 3750a et seq., all as amended; the Clean Air Act, 42 U.S C. Section 7401 et seq., as amended; and any other statute or regulation enacted or adopted under or in relation to a law included in this subsection; (g) child support enforcement under Chapter 231 Family Code or (h) enforcement by the Texas Workforce Commission under Title 4, Labor Code 2461 For use by a government agency, including any court or law enforcement agency, in carrying out its functions or a private person or entity acting on behalf of a government agency in carrying out the functions of the agency. For use in connection with a matter of: (a) motor vehicle or motor vehicle operator safety; (b) motor vehicle theft; (c) motor vehicle product alterations, recalls, or advisories, (d) performance monitoring of motor vehicles motor vehicle parts, or motor vehicle dealers; (e) motor vehicle market research activities, including survey research; or (f) removal of nonowner records from the original owner records of motor vehicle manufacturers. For use in the normal course of business by a legitimate business or an authorized agent of the business, but only to verify the accuracy of Personal Information submitted by the individual to the business or the authorized agent of the business; and, if the information is not correct, to obtain the correct information for the sole purpose of preventing fraud by pursuing a legal remedy against or recovering on a debt or security interest against the individual. eatifri For use in conjunction with a civil, criminal, administrative, or arbitral proceeding in any court or government agency or before any self -regulatory body including service of process, investigation in anticipation of litigation execution or enforcement of a judgment or order, or under an order of any court. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 2 of 12 6. For use in research or in producing statistical reports, but only if the Personal Information is not published, redisclosed, or used to contact any individual. 7. For use by an insurer or insurance support organization, or by a self insured entity, or an authorized agency of the entity in connection with claims investigation activities, antifraud activities, rating, or underwriting. 8,. For use in providing notice to an owner of a towed or impounded vehicle. 4. For use by a licensed private investigator agency or licensed security service for a purpose permitted as stated herein. 10. For use by an employer or an authorized agent or insurer of the employer to obtain or verify information relating to a holder of a commercial driver's license that is required under 49 U.S.0 Chapter 313. 11. For use in connection with the operation of a private toll transportation facility. 12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting Act (15 U.S.C. §1681 et seq.), for a purpose permitted under that Act. l For use in the prevention, detection, or protection against personal identity theft or other acts of fraud. Prior to release of Personal Information, TXDPS may require additional information. For any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public safety. Please provide the statutory authority: The GCS ernmental Entity shall restrict access to, use of, and disclosure of Driver Records, mcludir g Personal Information, to designated personnel solely for the purposes as identified herein. Access to and use of Driver Records by the Government Entity's personnel that are not authority d is strictly prohibited. Any access, use and disclosure not required for the purposes of this Agreement or for any unofficial purpose is strictly prohibited. Violation of the federal Driver':; Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result in civil id criminal penalties. 3. Res „ 1 or Redisclosure: The Gom r srnmental Entity shall not resell or redisclose Personal Information obtained under this Agreement to third parties in the identical or a substantially identical format. The Governmental Entity rr ay resell or redisclose Personal Information only for a use authorized by Texas Transportation Code Section 730.007, and in compliance with the sections herein entitled ` Record Creation and Retention" and "Provide Copies of Records and Notification of Release.' TXDPS #DLD201208041313(b) Rev. 08/2013 Page 3 of 12 Person Recor 4. Re If the Driver each pe legally shall ei federal of this Information under the Driver's Privacy Protection Act and the Texas Motor Vehicle Disclosure Act is not subject to the Texas Public Information Act. rd Creation and Retention: overnmental Entity legally resells or rediscloses Personal Information obtained from ecords under this Agreement, the Governmental Entity shall create a record identifying son or entity that obtained Personal Information from the Governmental Entity and the ermissible purpose for which Driver Record were obtained. The Governmental Entity ure that any third party to which it releases any Driver Records shall comply with all d state laws on the release of the information and all terms, conditions, and obligations greement. The Governmental Entity shall retain such records for a period of not less than fir (5) years following transfer of Driver Records to the third party of the following: the name of any person or entity to whom the release was made* the date the release was made; the permitted use for which Driver Records were released; the written agreement with the third party; a rd contact information for the person or entity Driver Records were released to. 5. Pr vide Copies of Records and Notification of Release: If the overnmental Entity rediscloses any Driver Records obtained under this Agreement to a third p , the Governmental Entity shall provide access to or copies of those records required in the se ..on herein entitled `Record Creation and Retention" to TXDPS immediately upon TXDP request. TXDPS retains the right to require the records in any applicable format, includiir7 electronic or paper. The Governmental Entity shall bear the expense of providing this inform .t on to TXDPS, including any postage or shipping charges. 6. Unaijthorized Disclosure: The G wernmental Entity shall immediately, but no later than two (2) calendar days, notify TXDPg of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver Record;; obtained under this Agreement as soon as the Governmental Entity knows or should have kr.own of such unauthorized or inadvertent release, disclosure, breach, or compromise of security. This obligation applies whether the action or omission was by the Governmental Entity is employees or agents, or by any person or entity that acquired Driver Records from the Governmental Entity either directly or indirectly. The Governmental Entity shall notify TXDPS of any :each of system security as required by Section 521.053(c) of the Texas Business and Comm e Code, and shall cooperate fully with TXDPS in any investigation thereof. 7. Fe Pursua Driver purpos purpos separat t to Texas Transportation Code, Section 521.049, TXDPS shall not charge a fee for ecords disclosed to a law enforcement or other governmental agency for an official unless the Governmental Entity requests Driver Records sold in bulk for research A Governmental Entity obtaining Driver Records for research shall enter into a ontract with TXDPS to purchase Driver Records for a fee. 8. Ackr..owledgement and Disclaimer: The Go rernmental Entity acknowledges that TXDPS is furnishing Driver Records on an "as is" basis aisc TXDPS makes no representation or warranty as to the accuracy of any Driver Records TXDPS #DLD201208041313(b) Rev. 08/2013 Page 4 of 12 furnished. TXDPS expressly disclaims responsibility for any failure to deliver the Driver Records in a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdo'Am of equipment, compliance with new or amended laws acts of authority exercised by a public official acts of God, or other circumstances which may delay or preclude furnishing Driver Records in a timely fashion. If Driver Records are not furnished, TXDPS has no further responsibility or liability to the Governmental Entity with respect to undelivered Driver Records and ha5 no liability or responsibility whatsoever for delayed Driver Records. 9. Consumer Protection: Driver Eecords furnished under this Agreement shall not be used by the Governmental Entity to engage n any method, act, or practice that is unfair or deceptive, nor shall Driver Records be used fo r marketing solicitations, or surveys not authorized by law. 10. Direct Access to Driver Records: No me '.ber of the public or any person outside the direct employ or control of the Governmental Entity hall be permitted direct access to Driver Records through the Governmental Entity under this A cement for any reason other than the Governmental Entity's intended and legitimate use of Driv r Records. 11. As ignability: The G 'fernmental Entity shall not assign license, or transfer any of its rights, duties, and obligat cns under this Agreement without the prior written consent of TXDPS An attempted assignm,nt in violation of this section is null and void. Any approved assignment shall not relieve the assignor of any liability or obligation under this Agreement. 12. Su cessors: This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their re ;;)ective successors, heirs, administrators personal representatives, legal representatives and per7lilted assigns. 13. Incp rporation of Other Documents: This Agreement, including "Attachment A, Governmental Entity Information Form for Obtaini ng Driver Record Files," constitutes the entire agreement between the Parties with regard to the natters made the subject of this Agreement. There are no verbal representations inducemnts, agreements, understandings, representations, warranties, or restrictions between the Parties Dther than those specifically set forth herein. 14. Term of Agreement: The ter it of this Agreement shall begin on the date it is signed by the last of the two Parties to this A cement and shall continue in full force and effect for a term of three (3) years. Upon an amend eat in writing to this Agreement executed by both Parties, this Agreement may be renewed for intervals of three (3) year at a time. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 5of12 15. Tetinination: a. For Convenience: Either Party may terminate this Agreement for convenience at any t me for any reason by giving the other Party thirty (30) calendar days written notice. If a Party elects to terminate this Agreement for convenience, all unfilled obligations shall remain in full force. In no event will termination for convenience by TXDPS give rise to any liability whatsoever on the part of TXDPS. b. For Cause: TXDPS may immediately terminate this Agreement for cause for any violation of the terms of this Agreement or for any violation of any state or federal law or r.gulation relating to the subject matter of this Agreement. TXDPS shall provide the Governmental Entity with written notice to terminate this Agreement, which termination shall become effective immediately upon Governmental Entity's receipt of the notice. If t�is Agreement is terminated for cause, TXDPS may refuse to provide Driver Records to t e Governmental Entity in any format. c. Mutual Termination: This Agreement may further be terminated by mutual agreement and consent, in writing, by both Parties. 16. Chu nge of Status: This Agreement shall automatically terminate if the Governmental Entity ceases to exist, substan:ilally changes the nature of its governing business, or if it ceases to qualify for Driver Record:; under the permissible use(s) certified in the section herein entitled `Certification of Permissi Dle Use(s).' The Governmental Entity shall immediately notify TXDPS in writing of any cha rage in status that may implicate this section. 17. Am rndments: TXDPS may amend the terms and conditions of this Agreement from time to time in order to accomn iodate changes in the records or information furnished under this Agreement and for other reasons deemed appropriate by TXDPS. No modification or amendment to this Agreement shall become valid unless in writing and signed by both Parties. All correspondence regarding modific ations or amendments to this Agreement shall be forwarded to TXDPS for prior review and written approval. Only an authorized representative or an authorized designee shall be authorized to sign changes or amendments. 18. Not.ae: Any no :ice required or permitted under this Agreement shall be directed to the Parties at the addresses shown below. The following contact person(s) is designated by the Governmental Entity to receive all notices regarding this Agreement: hint of Contact: Alternate Point of Contact: TXt'S #DLD201208041313(b) Rev. 08/2013 Page 6of12 Address: City, State, Zip Code: Telephone Number: Cell Phone Number: Fax: Email: P:3I IA.ssoe_art 1A✓-c :Po ect` Lo b r'-.;Ty 4 Co I o c( 8t4— eic (4, tR- St4- 9Soe oat 3 Ate- ass 92--2Zy9 fib if-4- LAI cneR. +es -vats All co respondence to TXDPS regarding this Agreement shall be mailed to the following addres : Texas Department of Public Safety License and Record Service/Online Services P.O. Boa 4087 Austin, Texas 78773-0360 (512) 4 24-5967 Fax: (512) 424-7456 Email: e..Commerce@dps.texas.gov Notice m han mail b facsimi individ specify :o the Parties at the addresses shown above shall be deemed received: (i) when delivered and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States certified mail, return receipt requested; or (iii) when received if sent by confirmed or confirmed email. Either of the Parties may change its address or designated .11(s) to receive notices by giving the other Party written notice as provided above ng the new address and/or individual and the date upon which it shall become effective. 19. No oint Enterprise* TXDP is associated with the Governmental Entity only for the purposes and to the extent set forth h rein. The Governmental Entity is an independent entity and shall have the sole right to supervi r;, manage, operate, control, and direct the performance of the details incident to its duties ereunder. Nothing contained herein shall be deemed or construed to create a partnership or joint venture, to create the relationship of an employer -employee or principal -agent, or to otherwise create any liability for whatsoever with respect to the indebtedness, liabilities, and obligati ans of the Governmental Entity or any other party. 20. No Liability for Employees and Officers: Each Patty to this Agreement shall have no liability whatsoever for the actions or omissions of an indi'i'.dual employed or contracted by another Party regardless of where the individual's action cr omissions occurred. Each Party is solely responsible for the actions or omissions of its employe4s and agents; however, such responsibility is only to the extent required by Texas law. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 7 of 12 Where injury or property damage results from the joint or concurring acts or omissions of the Parties, liability, if any, shall be shared by each party in accordance with the applicable laws of the Str..te of Texas, and subject to all defenses including governmental immunity. These provisi rns are solely for the benefit of the Parties hereto and not for the benefit of any person or entity of a Party hereto nor shall any provision hereof be deemed a waiver of any defenses availal$e by law 21. Coiiipliance with Law: The Parties shall comply with all local, state, and federal laws and regulations applicable to the subject matter of this Agreement including but not limited to, the federal Driver's Privacy Protect on Act of 1994 and the Texas Motor Vehicle Records Disclosure Act. 22. Interpretation Against the Drafter: Regard less of which Party drafted this Agreement or the language at issue, any ambiguities in this Anement or the language at issue shall not be interpreted against the drafting Party. 23. No -Waiver: Any fa lure of TXDPS, at any time, to enforce or require the strict keeping of any provision of this A ement shall not constitute a waiver of such provision, and shall not affect or impair same o the right of TXDPS at any time to avail itself of same. 24. Headings: The hewiings, captions, and arrangements used in this Agreement are for convenience only and shall 14 . be deemed to limit, amplify, modify, or to affect the meaning of the terms of this Agreenlrnt. 25. Severability: If one cli more provisions of this Agreement or the application of any provision to any Party or circum tance is held invalid, unenforceable, or illegal in any respect by a final order/judgment of the Sta Office of Administrative Hearings or a court of competent jurisdiction, the remainder of this A E ement and the application of the provision to other parties or circumstances shall remain valid ar d in full force and effect. 26. Aud't and Inspection: The Go emmental Entity is subject to audit and inspection, at any time during normal business hours d at a mutually agreed upon location, by the State Auditor, TXDPS, and any other departrrnt or agency responsible for determining that the Parties have complied with applicable law. T Governmental Entity shall provide all reasonable facilities and assistance for the safe and co enient performance of any audit or inspection. The Governmental Entity shall keep all records nd documents regarding this Agreement for the term of this Agreement and for five (5) years after the termination of this Agreement. 27. Governing Law and Jurisdiction: TXDPS #DLD201208041313(b) Rev. 08/2013 Page 8 of 12 This Agreement shall be construed in accordance with the laws of the State of Texas. Except as otherw se provided by Chapter 2260 of the Texas Government Code, venue for any litigation shall bd Travis County, Texas. 28. CI apter 2260, Texas Government Code: The vernmental Entity shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and the applicable TXDPS administrative rules to attempt to reso1v all disputes or contract claims arising under this Agreement. 29. SSrvival: Any provisions of this Agreement that impose continuing obligations on the Parties, including but no: limited to the following, shall survive the expiration or termination of this Agreement for any re Lion: confidentiality and security obligations; notice regarding any unauthorized disclosure or breach; resell or redisclosure obligations audit obligations; and any other provision that impose;; a continuing obligation on the Governmental Entity 30. Si E ature Authority: The signatory for the Governmental Entity hereby represents and warrants that it has full and compl re authority to execute this Agreement. 31. Certifications: The Pasties certify the following (i) each Party paying for the performance of governmental functio s or services must make those payments from current revenues available to the paying Party; i) this Agreement is authorized by the governing body of the Parties; (hi) each Party has the a ority to enter into this Contract by authority granted in Texas Transportation Code, Chapt r 521 and 730 (iv) the services specified above are necessary and essential for activities that aS properly within the statutory functions and programs of the affected agencies; (v) the propose d arrangement serves the interest of efficient and economical admmistratton of government; and (vi) the services, supplies or materials contracted for are not required by Sectio 1 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. IN WETNESS WHEREOF, the Parties have executed this Agreement on the date written below. DEPARTMENT OF PUBLIC SAFETY: • ignatire Sheri Gieson, SR klalna,4 Name and Titl Date ceraY\-• • GOVERNMENTAL ENTJTY: oCznates} ature char to s . Dat3;e1S Name and Title ASSF, t',t' Nlarxt8er Date TXDPS #DLD201208041313(b) Rev. 08/2013 Page 9 of 12 This Agreement shall be construed in accordance with the laws of the State of Texas. Except as otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation shall be Travis County, Texas. 28. Chapter 2260 Texas Government Code: The Governmental Entity shall use the dispute resolution process provided for in Chapter 2260 of the Texas Government Code and the applicable TXDPS administrative rules to attempt to resolve all disputes or contract claims arising under this Agreement. 29. Survival: Any provisions of this Agreement that impose continuing obligations on the Parties, including but not limited to the following, shall survive the expiration or termination of this Agreement for any reason: confidentiality and security obligations; notice regarding any unauthorized disclosure or breach; resell or redisclosure obligations audit obligations; and any other provision that imposes a continuing obligation on the Governmental Entity 30. Signature Authority: The signatory for the Governmental Entity hereby represents and warrants that it has full and complete authority to execute this Agreement. 31. Certifications: The Parties certify the following• (i) each Party paying for the performance of governmental functions or services must make those payments from current revenues available to the paying Party; (ii) this Agreement is authorized by the governing body of the Parties; (iii) each Party has the authority to enter into this Contract by authority granted in Texas Transportation Code, Chapter 521 and 730; (iv) the services specified above are necessary and essential for activities that are properly within the statutory functions and programs of the affected agencies; (v) the proposed arrangement serves the interest of efficient and economical administration of government; and (vi) the services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the lowest responsible bidder. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below. DEPARTMENT OF PUBLIC SAFETY: GOVERNMENTAL ENTITY: Ceed, ‘7,dogaiti Name and Title to. 2 4—. /3 Date Attested by: M ectttilry Signature Name and Title Date • APPROVED AS TO CORM AND LEGALITY: (L..t IAssistant City Attorney TXDPS #DLD201208041313(b) Rev. 08/2013 Page 9 of 12 1 ar ( ki vx- TXDPS #DLD201208041313(b) Rev. 08/2013 Page 10 of 12 ATTACHMENT A GOVERNMENTAL ENTITY INFORMATION FORM Nature i)f the Governmental Entity's Activities: , l' tM e_vL. o c CI Lc tC `t-Lift.... YVve O r „ r L 1 •4P d /% IA ri rat C 'r J List all tn, addresses/Facebook/Twitter accounts used or possessed by the Governmental Entity: kt Sr 477AGl t Co!/L_ DC r t--) 1,14 ?L, ti9 PO C. A l7 E ?4 2 r tNl & 6.3. l-_ Intended use of Driver Records obtained from TXDPS (Describe how the exemption qualifies for obtainir. g Driver Records): Cr¢ r t_ l D ►T O LO kt Ci % S o f Y1A-81 {-o tT kit Ci-e C `�'a ,A L94 �^---4 t....ey e f 1 r t t 0.tn C li t \cizL� 1 elle\ v If the 9' vernmental Entity intends to release Driver Records obtained from TXDPS, explain what safegu c'.s and/or assurances are in place to meet the requirements of this Agreement: If the Governmental Entity does not intend to release Driver Records to another entity, state so below: roi oc.S o—� t tel-eke `%‘p f c' e as-c f‘t c...e °Re CO Pc ts ki•.(orekleetm, ievt, TXDPS #DLD201208041313(b) Rev. 08/2013 Page 11 of 12 Facebo6k Fort Wo th-Henry Keep F it Worth Beautiful Twitter Keep Fait Worth Beautiful Flickr COFWShelterPets URLs www.fortnrorthtexas.aov/solidwaste www.fo www.fo www.fo www.fo www.fo nrorthtexas.aov/solidwaste/recycling o rthtexas.aov/solidwaste/kfwb o rthtexas.aov/solidwaste/dropoff o rthtexas.aov/solidwaste/garbage vorthtexas.aov/solidwaste/vardtrimm ings www.forworthtexas.aov/codecompliance www.forworthtexas.00v/animals www.fonlvorthtexas.aov/westnilevirus www.forworthtexas.aov/iileaaldumping www.forworthtexas.aov/miaratorvbirds www.fo vorthtexas.aov/animals/feralcats www.fo orthtexas.aov/animals/adoption www.fo rt orthtexas.aov/animals/foundpets www.fort4vorthtexas.aov/animals/donate www.fortworthtexas.aov/animals/foundpets www.fortworthtexas.aov/animals/volunteer www.fortworthtexas.aov/rentalpropertv www.fortiki orthtexas.aov/health www.fo II vorthtexas.aov/healthfoodinspections www.fo rtworthtexas.aov/health/mo bilevendo rs www.fortworthtexas.aov/health/childcare www.fo rl rorthtexas.aov/health/temporary www.forts ✓orthtexas.aov/health/guides If the Jbvernmental Entity elects to receive a weekly update of Driver Records, indicate by checki ; the appropriate selection below. Failure to make a selection shall result in no weekly updates. Governmental Entity elects to receive weekly updates. Governmental Entity elects to NOT receive weekly updates. TXDPS #DLD201208041313(b) Rev. 08/2013 Page 12 of I2 Date: December 27, 2013 To: Mary Kayser City Secretary From: C Guy N Sr. Man FORT WORTH 1%‘"sas%itress-- nalyst RE: Contract with the TX Department of Public Safety (TX DMV) Please review the sequence of emails between TX DMV and me concerning the contract to access their license plate database. The email indicates a signed contract was mailed last month; however, I have yet to receive it. I've attached a signed copy that was emailed to me for your records. Once I receive the original, I will forward it to you. If you have any questions, please contact me at extension 6327. Thank you 818 Missouri Ave Fort Worth, Texas 76104 (817) 392-6567 Fax (817) 392-2249 Natale, Guy From: S ent: To: S ubject: Attachments: Alvarez, Lisa [Lisa.Alvarez@dps.texas.gov] Friday, December 27, 2013 7 17 AM Natale, Guy FW: Page 9 2013 (Ver 1).tif Good morning, Mr. Natale Attached is the contract we have on file that was approved on 11/08/2013. Thank you, Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record S ervice/Online Services 512-424-2922 From: Natale, Guy [mailto:Guy.Natale@fortworthtexas.gov] Sent: Tuesday, December 24, 2013 2:27 PM To: Alvarez, Lisa S ubject: RE: Page 9 Lisa, is it possible to send another copy? I've checked with staff and no one has received it. From: Natale, Guy S ent: Monday, December 23, 2013 10:32 AM To: 'Alvarez, Lisa' S ubject: RE: Page 9 never received it, I'II check around. Thanks From: Alvarez, Lisa [mailto:Lisa.Alvarez@dps.texas.gov] S ent: Monday, December 23, 2013 10:05 AM To: Natale, Guy S ubject: RE: Page 9 Mr. Natale, The contract was mailed to the City at 818 Missouri Ave, Ft Worth TX 76104 to your attention sometime last month. Respectfully, Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record S ervice/Online Services 512-424-2922 From: Natale, Guy [mailto:Guy.Natale@fortworthtexas.gov] S ent: Monday, December 23, 2013 8:18 AM To: Alvarez, Lisa S ubject: RE: Page 9 Lisa , I sent several copies of the agreement for signature but haven't received a copy back yet. Can you see if can get an executed copy for the City's record. Thanks From: Natale, Guy Sent: Wednesday, November 06, 2013 11:19 AM To: 'Alvarez, Lisa' Subject: Page 9 1 Lisa, received you voice message about the printed name and title; I hope this will surface. Thanks From: Alvarez, Lisa [mailto:Lisa.Alvarez@dps.texas.gov] S ent: Wednesday, October 30, 2013 3:21 PM To: Natale, Guy S ubject: RE: City of Fort Worth Code Compliance Dept - email for needed revisions Yes, please. Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record S ervice/Online Services 512-424=2922 From: Natale, Guy [mailto:Guy.Natale@fortworthtexas.gov] S ent: Wednesday, October 30, 2013 3:14 PM To: Alvarez, Lisa S ubject: RE: City of Fort Worth Code Compliance Dept - email for needed revisions just noticed they included the page he signed in error. That page shows the contact was approved as to form and legality by our City Attorney, something the City Secretary needs. Would you rather have that page removed when I send the hard copies. From: Alvarez, Lisa [mailto:Lisa.Alvarez@dps.texas.gov] S ent: Wednesday, October 30, 2013 3:06 PM To: Natale, Guy S ubject: FW: City of Fort Worth Code Compliance Dept - email for needed revisions Good afternoon, Mr. Natale Everything looks good except for page 9, make sure Mr. Daniels signs where it reads "Governmental Entity" and I will send two copies back. Please attach a cover letter with your request just in case I don't receive it personally. Thank you, Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record S ervice/Online Services 512-424-2922 From: Natale, Guy [mailto:Guy.Natale@fortworthtexas.gov] S ent: Wednesday, October 30, 2013 2:25 PM To: Alvarez, Lisa Subject: RE: City of Fort Worth Code Compliance Dept - email for needed revisions Good afternoon Lisa, I've attached the amended contract. I will be mailing several copies; when the DPS representative signs them can you send two copies back to us. Thanks From: Alvarez, Lisa [mailto:Lisa.Alvarez@dps.texas.gov] Sent: Thursday, October 17, 2013 7:41 AM To: Natale, Guy Subject: RE: City of Fort Worth Code Compliance Dept - email for needed revisions Good morning, Mr. Natale The contract I submitted is the correct one for City of Fort Worth to complete in its entirety. Make sure that #'s 2, 3, & 5 per email below are corrected. #4 I should not have added since City of Fort Worth is not a private entity. Yes, I will accept thru email. 2 Respectfully, Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record S ervice/Online Services 512-424-2922 From: Natale, Guy [mailto:Guy.Natale@fortworthtexas.gov] Sent: Wednesday, October 16, 2013 3:41 PM To: Alvarez, Lisa S ubject: RE: City of Fort Worth Code Compliance Dept - email for needed revisions Thank you for making me aware of the discrepancies; I'm in the process of making the corrections and submitting it to Mr. Daniels. I have a copy of the previous contact, and in looking at it, I noticed differences of what was asked in Attachment A. * The new contract you sent has a blank Page 10, is there suppose to be more? * In the previous attachment you asked about D/B/A and Federal Tax Identification Number, this one does not. Is this information needed? * If it is needed, I don't know what D/D/A is in reference too, can you assist? * I looked at the previous contract and couldn't find what I did to submit it has a private entity, is there something I need to check or revise? Since you're providing me the opportunity to send this email, I do want to make sure it's correct. If we need to discuss anything please let me know a convenient you would be available and I call. I sincerely appreciate your time and understanding. Thank you From: Alvarez, Lisa [mailto: Lisa.Alvarez@dps.texas.gov] Sent: Wednesday, October 16, 2013 1:58 PM To: Natale, Guy Subject: City of Fort Worth Code Compliance Dept - email for needed revisions Good afternoon, Mr. Natale The Online Service Section received your contract, however, unable to forward contract for approval for the following reasons: 1) Contract that was submitted was for private entities 2) Addresses do not match on pages 1 & 7 3) Page 2 of 11, exemptions #2 & #5 need to be initialed by Mr. Charles Daniels 4) Page 11 of 11, under 'DBA if applicable:' was left blank. If the statement does not pertain to the business please state N/A 5) Page 11 of 11, under 'List all URL addresses/Facebook/Twitter accounts used or possessed by the Company/Business/Entity:' City of Fort Worth provided a list of users who request the information. The Department does not need a list of users and the information provided was not what the Department was inquiring about. If City of Fort Worth has accounts for Twitter/Facebook/Uniform Resource Locator (URL) addresses please provide those accounts. If the statement does not pertain to the agencies business please state N/A Attached is a clean copy of the Agreement, complete page 11 in its entirety and this one time only I'II accept thru email. If the copy does not print clearly I will then ask that you place in the mail. Respectfully, Lisa Alvarez, Customer Service Representative IV Texas Department of Public Safety License and Record Service/Online Services 512-424-2922 3