HomeMy WebLinkAboutContract 32057 r
CITY SECRETARY ra
CONTRACT NO.
For Department Use Only
STATE OF TEXAS
COUNTY OF TRAVIS
SERVICE CONTRACT FOR PURCHASE OF
TEXAS MOTOR VEHICLE TITLE AND REGISTRATION (VTR) DATABASE
THIS CONTRACT, is made by and between the State of Texas, acting by and through the Texas
Department of Transportation, hereinafter called the "State," and
hereinafter called the "Purchaser."
WITNESSETH
WHEREAS, Transportation Code, Chapter 502, establishes that the State is responsible for
administering and retaining Texas motor vehicle title and registration database records (MVRs);
and
WHEREAS, this contract is made in accordance with the provisions of Transportation Code,
Section 502.008; and
WHEREAS, the Purchaser requests from the State authority to obtain information by purchase of
the VTR database; and
WHEREAS, the Drive's Privacy Protection Act (18 U.S.C. §2721) authorizes the department to
disclose personal information contained in the department motor vehicle records only in
accordance with that Act; and
WHEREAS, the State will provide the Vehicle Title and Registration (VTR) Database provided the
Purchaser agrees to the terms and conditions of this contract; and
WHEREAS, the Commission, by Minute Order 106912, dated August 29, 1996, adopted
Title 43, Texas Administrative Code, Chapter 3, establishing the costs the State may assess a
Purchaser of the VTR database;
06-22_05PC1 -54 RrVD
RECEIVED
-- _ _ MAY 2 4 2005
RCVU ��� � _ - DC BRANCH
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AGREEMENT
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained,
the parties do hereby agree as follows:
The State shall provide the VTR database, as indicated below, to the Purchaser under the
following conditions:
1. INFORMATION AVAILABLE:
The State will make available, in accordance with the Federal Driver Privacy Protection Act (18
U.S.C. §2721), attached as Attachment "B":
a) Motor Vehicle Registration and Title (VTR) Database on magnetic tape or via electronic
transfer; and
b) Weekly Updates to the Motor Vehicle Registration and Title (VTR) Database on magnetic tape
or via electronic transfer.
The Purchaser requests authority to obtain the following information (initial which are
applicable):
VTR Database
Weekly Updates to VTR Database
2. CERTIFICATION OF USE
Effective December 1, 2000, the State may release privacy protected personal information
contained in motor vehicle records (MVRs), as defined in 18 U.S.C. §2725, only if the Purchaser
certifies its intended uses of the information in Attachment "A" to this contract. Certified intended
uses include only those uses for which the Purchaser itself will actually employ the information;
certified intended uses do not include uses that are speculative or that will be engaged in by
persons acquiring the information from the Purchaser. If the Purchaser's intended use of the
information is not one of the permitted uses, the State will not release the privacy protected
personal information.
3. RESTRICTIONS
A. The Purchaser may only use VTR database information obtained from the State in accordance
with 18 U.S.C. §2721 and only for the permitted use or uses certified to in Attachment "A" of
this contract, if applicable; and
B. A Purchaser obtaining Weekly Updates from the State must apply the updated motor vehicle
record information to their existing data no later than one week after receipt of a Weekly
Update.
C. Resale and redisclosure: A purchaser obtaining privacy protected personal information from
MVRs may only resell or redisclose the privacy protected personal information for a permitted
use authorized by law and must maintain records of any entity or person that received the
information and the permitted use for which it was obtained. These records must be
maintained for a period of not less than five (5) years and must be made available to the State
for inspection, upon request.
Any person or entity obtaining privacy protected information from the Purchaser, directly or
indirectly, must comply fully with the provisions of the federal Driver's Privacy Protection Act --
(18 U.S.C. Section 2721). Any violation of the above federal law by a person orlentity acquiring
Page 2 of 6 Vendor 11 MC
privacy protected information from the Purchaser, directly or indirectly, will be considered a
breach of this contract by the Purchaser.
The Purchaser shall immediately inform the State if privacy protected personal information
provided to the Purchaser is disclosed in violation of the federal Driver's Privacy Protection Act
(18 U.S.C. Section 2721). This obligation applies whether the disclosure was by the Purchaser
or by a person or entity that acquired privacy protected information from the Purchaser, directly
or indirectly.
4. TERM OF CONTRACT
This contract becomes effective upon agreement and execution by both parties. The contract is
subject to a continuous automatic annual renewal if all parties are in agreement.
The State reserves the right to amend this contract at any time or to waive any violations of this
contract by the Purchaser. The Purchaser may amend its statement of certified uses at any time
by submitting a signed statement to that effect.
5. DEPOSIT
If requesting weekly updates to the VTR database, a deposit of at least $1,755 must be maintained
in a non-interest bearing escrow account. This initial deposit is to cover services to be provided
by the State for a period of thirteen (13) weeks. The Purchaser may deposit additional funds into
the escrow account in excess of the stated minimum balance. Such escrow account must be
established by the Purchaser prior to the State providing the services requested. Payment of the
deposit shall be made by check or warrant, payable to the "Texas Department of Transportation"
and is due upon execution of this contract.
6. CHARGES
A fee of $5,000 plus $.38 per 1,000 records will be assessed for the purchase of the VTR database
on magnetic tape. The one time charge of $5,000 shall be submitted with a properly executed
contract requesting the purchase of the VTR database. The State will copy the database to
magnetic tape and notify the Purchaser of the balance due, based on the number of records
copied. The balance due shall be based on the adopted charge of $.38 per 1,000 records copied
to tape, as provided for in 43 Texas Administrative Code, Chapter 3. Upon receipt of the balance
due, the State shall release the VTR database to the Purchaser.
If requesting weekly updates to the VTR database., the adopted charge, as provided for in 43
Texas Administrative Code, Chapter 3, for each week is as follows:
• $135 on a 3480 magnetic tape cartridge provided by the State; and
• Any other applicable charges, as provided for in 43 Texas Administrative Code,
Chapter 3. (If applicable, the State will detail these charges on a billing invoice, to be
made payable by the Purchaser prior to the State providing the services requested.)
7. BILLING FOR WEEKLY UPDATE SERVICE
A Billing Account will be established under this contract for the purchase of Weekly Updates to the
VTR database. The State shall bill the Purchaser, one month in advance, for the weekly updates
to be provided during the upcoming month.
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8. PAYMENT
The total amount indicated on the invoice is due monthly, on or before the invoice due date. Any
advance or overpayments will be credited to the account and applied to the next billing statement.
The payment schedule must be in accordance with these guidelines.
Payments should be made to the following address:
Texas Department of Transportation
Vehicle Titles and Registration Division
P.O. Box 5020
Austin, Texas 78763-5020
9. DELINQUENT BILLING ACCOUNT
A Billing Account becomes delinquent if payment is not received on or before the invoice due date
specified in the State's invoice, or a payment is returned due to insufficient funds. If a Billing
Account becomes delinquent, the State will deduct the amount due from the Purchaser's escrow
account until the balance of that account is depleted. Upon depletion of all funds deposited to the
Purchaser's escrow account, the delinquent account will be subject to immediate termination by
the State.
10. CONTACT INFORMATION
A. Technical assistance regarding the information provided may be obtained by contacting the
VTR, Production Data Control Branch, at (512) 467-5983 or (512) 467-5940 (Monday through
Friday 8:00 AM- 5:00 PM).
B. Information regarding billings or payments for your account may be obtained by contacting the
Texas Department of Transportation, Finance Division, at (512) 936-2726 (Monday through
Friday 8:00 AM-5:00 PM).
C. Customers with questions or complaints concerning personal solicitation or privacy concerns
should be referred to the VTR Customer Help Desk at (512)465-7611 (Monday through Friday
8:00 AM- 5:00 PM).
11. CHANGE OF STATUS
Termination by Purchaser. The Purchaser may terminate this contract in writing at any time.
Automatic Termination. This contract will automatically terminate if the Purchaser ceases to
conduct business, if the Purchaser substantially changes the nature of its business, if the
Purchaser sells its business, if there is a significant change in the ownership of the Purchaser, or if
the Purchaser dies. The Purchaser, its successor in interest, or its personal representative will
immediately notify the State in writing of any change in status that would implicate this paragraph.
Effect of Termination. If the contract is terminated under this section, the State will refund any
unused portion of payments, minus any outstanding balance due the State. The Purchaser's
successor in interest will be eligible to apply for and execute a new contract.
12. TERMINATION OR DEFAULT
Termination by State. The State may terminate this contract in writing at any time for any reason.
Termination for Cause. Without limiting the foregoing, the State may immediately ter inate this
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contract, without notice, for any violation of the terms of this contract or for any violation of any
state or federal law relating to the information provided by the State under this contract.
Effect of Termination. If the contract is terminated under this section, the State will refund any
unused portion of payments, minus any outstanding balance due the State.
13. RE-ESTABLISHING ACCOUNT FOR PURCHASE OF WEEKLY UPDATES AFTER
TERMINATION FOR DELINQUENT ACCOUNT
If a Purchaser's account is terminated due to the delinquent status of the account, and subsequent
depletion of the Purchaser's escrow account, the Purchaser may be required to purchase the VTR
database prior to re-establishing an account for purchase of weekly updates.
14. COMPLIANCE WITH LAWS
The Purchaser shall comply with all applicable Federal, State, and local laws, statutes, codes,
ordinances, rules and regulations, and the orders and decrees of any court, or administrative
bodies or tribunals in any matter affecting the performance of this contract. By signing this
agreement, the Purchaser certifies that he or she will comply with the provisions of the federal
Driver=s Privacy Protection Act (18 U.S.C. Section 2721), including, but not limited to, limiting
usage to the permissible uses under that Act.
15. AMENDMENTS
Any changes in the terms and conditions of this contract must be enacted by a written amendment,
executed by all parties to this contract.
16. LIMITATION OF LIABILITY
The Purchaser shall save harmless the State from any liability which may arise from the
Purchaser's use of the VTR database, and the State makes no representation or warranty as to the
use, result, or accuracy of data contained therein.
17. PRIOR CONTRACTS SUPERSEDED
This contract constitutes the sole and only agreement of the parties hereto and supersedes any
prior understandings and/or written agreements between the State and the Purchaser respecting
the subject matter described herein.
18. SIGNATORY AUTHORITY
The undersigned for the Purchaser represents and warrants that he/she is an officer of the
organization for which he/she has executed this contract and that he/she has the full and complete
authority to enter into this contract on behalf of the Purchaser.
APPROVED AS TO
FORMA D LEGALITY:
ASSISTANT CITY ATTORNEY
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IN TESTIMONY HEREOF, the parties to this contract have caused these presents to be executed
in duplicate counterparts.
THE CITY OF FORT WORTH MUNICIPAL COURT
U�Q C SEA_a
BY:
15nature
RICHARD ZAVALA kTING ASSISTANT CITY MANAGER
Name and Title
PUBLIC SAFETY & COURTS BUILDING, 1000 THROCKMORTON STREET
Add ress
FORT WORTH, TEXAS 76102
City,State,and Zip Code
Date
( ) Sole Proprietorship
Social Security Number*or Employer I.D.Number
( ) Partnership
Employer I.D. Number or Tax Number*
( ) Corporation 1-75-6000528
Employer I.D.Number or Tax Number*
* Note: For record keeping purposes your Social Security Number, Employer I.D., or Tax Number are
requested. However,you are not required by law to provide this information and may do so
voluntarily.
If purchasing weekly updates to the vTR database, please provide the following:
LONNIE MUNOZ, ADMINISTRATIVE ASSISTANT
Name of Person Responsible for Billing
PUBLIC SAFETY & COURTS BUILDING 1000 THROCKMORTON: STREET
Billing Address
FORT WORTH, TEXAS 76102
City,State,and Zip Code
(817) 392 -6727
Telephone Number
FOR STATE PURPOSES ONLY:
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the
purpose and eff Ct of activating and/or carrying out the orders, and established policies or work
programs he of re approved and authoneby the Texa ansportation Commission.
Signature
JERRY DIKE, DIRECTOR, VEHICLE TITLES AND REGISTRATION DIVISION
A� Nam and Title
Date
* * * PLEASE KEEP A COPY OF THIS CONTRACT
w
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ATTACHMENT A:
CERTIFICATION OF USE
Note: Effective December 1, 2000, the State may release privacy protected personal information contained in motor vehicle
records (MVRs), as defined in 18 U.S.C. §2725, only if the Purchaser certifies its intended uses of the information in this
Attachment. Certified intended uses include only those uses for which the Purchaser itself will actually employ the
information;certified intended uses do not include uses that are speculative or that will be engaged in by persons acquiring
the information from the Purchaser. If the Purchaser's intended use of the information is not one of the permitted uses, the
State will not release the privacy protected personal information.
Please INTI IAL (DO NOT CHECK q)the intended use(s) for which the VTR Database and Weekly
Updates are requested, if applicable, and complete the Certification statement on page 2:
PERMITTED USES:
(1) A. For use in connection with any matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or advisories;
(5) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle manufacturer;or
(6) removal of non-owner records from the original owner records of a motor vehicle manufacturer to cant'
out the purposes of:
(a) the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seq.;
(b) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331;
(c) 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;
(d) the Clean Air Act,42 U.S.C. Section 7401 et seq., as amended; and
(e) any other statute or regulation enacted or adopted under or in relation to a law included in
Paragraphs(a)-(d).
Use will be strictly limited to use by:
(1) a government agency, including any court or law enforcement agency, in carrying out its functions; or
(2) a private person or entity acting on behalf of a government agency in carrying out the functions of the
agency.
(11) A. Use in connection with a matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle product alterations, recalls, or advisories;
(4) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
(5) motor vehicle market research activities, including survey research;or
(6) removal of non-owner records from the original owner records of motor vehicle manufacturers;
B. Use in the normal course of business by a legitimate business or an agent, employee, or contractor of the
business, but only:
(1) to verify the accuracy of personal information submitted by the individual to the business or an agent,
employee, or contractor of the business; and
L& (2) if the information as submitted is not correct or is no longer 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;
Use in conjunction:
fa 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;
D. Use in:
Research or in producing statistical reports, but only if the personal information is not published, redisclossd,
or used to contact any individual; -
Attachment A
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vendvr.IJJ00_ `.
E. Use by:
An insurer or insurance support organization, or by a self-insured entity, or an agent, employee, or contractor
of the entity, in connection with claims investigation activities, antifraud activities, rating, or underwriting;
F'.nyI Use in:
�K . providing notice to an owner of a towed or impounded vehicle;
G. Use by:
A licensed private investigator agency or licensed security service for a purpose permitted under this section;
H. Use by:
An employer or an 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.C. Chapter 313;
1. Use in:
Connection with the operation of a private toll transportation facility;
J. Use for:
Any other purpose specifically authorized by law that relates to the operation of a motor vehicle or to public
safety. Please cite the specific law:
THE TRANSPORTATION CODE
CERTIFICATION
1 CITY OF FORT WORTH MUNICIPAL COURT , the Purchaser, certify that the intended use of the
requested VTR database information will be for the Permitted Use(s) initialed above.
CITY OF FORT WORTH MUNICIPAL COURT
E
BY:
(Signature)
(Na and Title) OAJI
TOA Ar�
(D
Affidavit signed off by Acting Assistant
City Mznager Richard Zavala with
'Permitted Uses' initialed by Municipal
Court administrative assistant.
Attachment A _
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ATTACHMENT B:
18 U.S.C.§2721 (PUBLIC LAW 103-322)
FEDERAL DRIVER'S PRIVACY PROTECTION ACT
CHAPTER 123--PROHIBITION ON RELEASE AND USE OF CERTAIN PERSONAL
INFORMATION FROM STATE MOTOR VEHICLE RECORDS.
Section 2721. Prohibition On Release And Use Of Certain Personal Information
From State Motor Vehicle Records.
(a) IN GENERAL.--
Except as provided in subsection (b), a State department of motor vehicles, and any officer, employee,
or contractor,thereof, shall not knowingly disclose or otherwise make available to any person or entity
personal information about any individual obtained by the department in connection with a motor
vehicle record.
(b) PERMISSIBLE USES.--
Personal information referred to in subsection (a)shall be disclosed for use in connection with matters
of:
-motor vehicle or driver safety and theft,
-motor vehicle emissions,
-motor vehicle product alterations, recalls, or advisories,
-performance monitoring of motor vehicles and dealers by motor vehicle manufacturers,
-and removal of non-owner records from the original owner records of motor vehicle manufacturers to
carry out the purposes of the Automobile Information Disclosure Act, the Motor Vehicle Information
and Cost Saving Act,the National Traffic and Motor Vehicle Safety Act of 1966, the Anti-Car Theft Act
of 1992, and the Clean Air Act,
and may be disclosed as follows:
(1) For use by any government agency, including any court or law enforcement agency, in carrying out
its functions, or any private person or entity acting on behalf of a Federal, State,or local agency in
carrying out its functions.
(2) For use in connection with matters of:
- motor vehicle or driver safety and theft,
-motor vehicle emissions,
-motor vehicle product alterations, recalls,or advisories,
-performance monitoring of motor vehicles, motor vehicle parts and dealers,
-motor vehicle market research activities, including survey research, and
removal of non-owner records from the original owner records of motor vehicle manufacturers.
(3) For use in the normal course of business by a legitimate business or its agents, employees, or
contractors, but only--
(A) to verify the accuracy of personal information submitted by the individual to the business or its
agents, employees, or contractors; and
(B) if such information as so submitted is not correct or is no longer correct, to obtain the correct
information, but only for the purposes of preventing fraud by, pursuing legal remedies against, or
recovering on a debt or security interest against, the individual.
(4) For use in connection with any civil,criminal, administrative, or arbitral proceeding in any Federal,
State, or local court or agency or before any self-regulatory body, including the service of process,
investigation in anticipation of litigation, and the execution or enforcement of judgements and orders,
or pursuant to an order of a Federal, State, or local court.
(5) For use in research activities, and for use in producing statistical reports, so long as the personal
information is not published, redisclosed, or used to contact individuals.
(6) For use by any insurer or insurance support organization, or by a self-insured entity, or its agents,
employees, or contractors, in connection with claims investigation activities, antifraud activities, rating
or underwriting.
W
Attachment BPage 1 of 3
(7) For use in providing notice to the owners of towed or impounded vehicles.
(8) For use by any licensed private investigative agency or licensed security service for any purpose
permitted under this subsection.
(9) For use by an employer or its agent or insurer to obtain and verify information relating to a holder of
a commercial driver's license that is required under the Commercial Motor Vehicle Safety Act of 1986
(49 U.S.C. App. 2710 et seq.).
(10) For use in connection with the operation of private toll transportation facilities.
(11) For any other use in response to requests for individual motor vehicle records if the State has
obtained the express consent of the person to whom such personal information pertains.
(12) For bulk distribution for surveys, marketing or solicitations if the State has obtained the express
consent of the person to whom such personal information pertains
(13) For use by any requester, if the requester demonstrates it has obtained the written consent of the
individual to whom the information pertains.
(14) For any other use specifically authorized under the law of the State that holds the record, if such use
is related to the operation of a motor vehicle or public safety.
(c) RESALE OR DISCLOSURE. --
An authorized recipient of personal information (except a recipient under subsection (b) (1 1)or(12)
may resell or redisclose the information only for a use permitted under subsection (b) (but not for uses
under subsection (b) (11)or(12)). An authorized recipient under subsection (b) (11) may resell or
redisclose personal information for any purpose. An authorized recipient under subsection (b) (12)
may resell or redisclose personal information pursuant to subsection (b) (12). Any authorized
recipient(except a recipient under subsection (b) (11)) that resells or rediscloses personal information
by this title must keep for a period of five years records identifying each person or entity that receives
information and the permitted purpose for which the information will be used and must make such
records available to the motor vehicle department upon request.
(d) WAIVER PROCEDURES.--
A State motor vehicle department may establish and carry out procedures under which the
department or its agents, upon receiving a request for personal information that does not fall within
one of the exceptions in subsection (b), may mail a copy of the request to the individual about whom
the information was requested, informing such individual of the request, together with a statement to
the effect that the information will not be released unless the individual waives such individual's right
to privacy under this section.
SECTION 2722. ADDITIONAL UNLAWFUL ACTS
(a) PROCUREMENT FOR UNLAWFUL PURPOSE--
It shall be unlawful for any person knowingly to obtain or disclose personal information, from a motor
vehicle record,for any use not permitted under section 2721 (b) of this title.
(b) FALSE REPRESENTATION. --
It shall be unlawful for any person to make false representation to obtain any personal information
from an individual's motor vehicle record.
SECTION 2723. PENALTIES
(a) CRIMINAL FINE —
A person who knowingly violates this chapter shall be fined under this title.
(b) VIOLATIONS BY STATE DEPARTMENT OF MOTOR VEHICLES. --
Any State department of motor vehicles that has a policy or practice of substantial noncompliance
with this chapter shall be subject to a civil penalty imposed by the Attorney General of not more than
$5,000 a day for each substantial noncompliance.
Attachment B
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SECTION 2724. CIVIL ACTION
(a) CAUSE OF ACTION. --
A person who knowingly obtains, discloses or uses personal information, from a motor vehicle record,
for a purpose not permitted under this chapter shall be liable to the individual to whom the information
pertains,who may bring a civil action in a United States district court.
(b) REMEDIES.--
The court may award --
(1) actual damages, but not less than liquidated damages in the amount of$2,500;
(2) punitive damages upon proof of willful or reckless disregard of the law;
(3) reasonable attorneys'fees or other litigation costs reasonably incurred; and
(4) such other preliminary and equitable relief as the court determines to be appropriate.
SECTION 2725. DEFINITIONS.
IN THIS CHAPTER—
(1) 'MOTOR VEHICLE RECORD' means any record that pertains to a motor vehicle operator's permit,
motor vehicle title, motor vehicle registration, or identification card issued by a department of motor
vehicles;
(2) 'PERSON'means an individual, organization or entity, but does not include a State or agency
thereof, and;
(3) 'PERSONAL INFORMATION' means information that identifies an individual, including an
individual's:
-photograph,
-social security number,
-driver identification number,
-name,
-address (but not 5-digit zip code),
-telephone number, and
-medical or disability information,
but does not include information on:
-vehicular accidents,
-driving violations, and
-driving status.'.
(b)CLERICAL AMENDMENT. --The table of parts at the beginning of part I of title 18, United
States Code, is amended by adding at the end the following new item:
"123. Prohibition on release and use of certain personal information from
state motor vehicle records................................................................2271"
SECTION 300003. EFFECTIVE DATE.
The amendments made by section 300002 shall become effective on the date that is three years after
the date of enactment of this Act.
After the effective date,if a state has implemented a procedure under section 2721 (b) (11)and (12)of
title 18, United States Code, as added by section 2902,for prohibiting disclosures or uses of personal
information, and the procedure otherwise meets the requirements of subsection (b) (11)and (12), the
State shall be in compliance with subsection (b) (11)and (12)even if the procedure is not available to
individuals until they renew their license, title, registration or identification card, so long as the State
provides some other procedure for individuals to contact the State on their own initiative to prohibit such
uses or disclosures.
Prior to the effective date, personal information covered by the amendment made by section 300002 may
be released consistent with State law or practice.
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Attachment B Page 3 of 3
a
ATTACHMENT A:
CERTIFICATION OF USE
Note: Effective December 1, 2000, the State may release privacy protected personal information contained in motor vehicle
records (MVRs), as defined in 18 U.S.C. §2725, only if the Purchaser certifies its intended uses of the information in this
Attachment. Certified intended uses include only those uses for which the Purchaser itself will actually employ the
information;certified intended uses do not include uses that are speculative or that will be engaged in by persons acquiring
the information from the Purchaser. If the Purchaser's intended use of the information is not one of the permitted uses, the
State will not release the privacy protected personal information.
Please (DO NOT CHECK the intended use(s) for which the VT R database and Weei iy
Updates are requested, if applicable, and complete the Certification statement on page 2:
PERMITTED USES:
(1) A. For use in connection with any matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle emissions;
(4) motor vehicle product alterations, recalls, or advisories;
(5) performance monitoring of motor vehicles or motor vehicle dealers by a motor vehicle manufacturer;or
(6) removal of non-owner records from the original owner records of a motor vehicle manufacturer to carry
out the purposes of:
(a) the Automobile Information Disclosure Act, 15 U.S.C. Section 1231 et seq.;
(b) 49 U.S.C. Chapters 301, 305, 323, 325, 327, 329, and 331;
(c) 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;
(d) the Clean Air Act,42 U.S.C. Section 7401 et seq., as amended; and
(e) any other statute or regulation enacted or adopted under or in relation to a law included in
Paragraphs (a)-(d).
Use will be strictly limited to use by:
(1) a government agency, including any court or law enforcement agency, in carrying out its functions; or
(2) a private person or entity acting on behalf of a government agency in carrying out the functions of the
agency.
(II) A. Use in connection with a matter of:
(1) motor vehicle or motor vehicle operator safety;
(2) motor vehicle theft;
(3) motor vehicle product alterations, recalls, or advisories;
(4) performance monitoring of motor vehicles, motor vehicle parts, or motor vehicle dealers;
(5) motor vehicle market research activities, including survey research; or
(6) removal of non-owner records from the original owner records of motor vehicle manufacturers;
B. Use in the normal course of business by a legitimate business or an agent, employee, or contractor of the
business, but only:
(1) to verify the accuracy of personal information submitted by the individual to the business or an agent,
employee, or contractor of the business; and
4►� (2) if the information as submitted is not correct or is no longer 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;
e 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;
D. Use in:
Research or in producing statistical reports, but only if the personal information is not pub!ished', rediaclosed :
or used to contact any individual; 1t pp
1_il
Attachment A ;,';=�,%'u 5 ..
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- —Vendor 11100
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E. Use by:
An insurer or insurance support organization, or by a self-insurt
of the entity, in connection with claims investigation activities, a
F. se in:
providing notice to an owner of a towed or impounded vehicle;
Permitted Uses' initialed by
G. Use by: by Assistant City Manager Richard
A licensed private investigator agency or licensed security sere Zavala to conform with signature
on Attachment A
H. Use by:
An employer or an agent or insurer of the employer to obtain or
commercial driver's license that is required under 49 U.S.C. Ch
I. Use in:
Connection with the operation of a private toll transportation fa(
J. Use for:
Any other purpose specifically authorized by law that relates to
safety. Please cite the specific law:
THE TRANSPORTATION CODE
CERTIFICATION
I, C I TY OF FORT WORTH MUN I C I PAL COURT , the Purchaser, certify that the intended use of the
requested VTR database information will be for the Permitted Use(s) initialed above.
CITY OF FORT WORTH MUNICIP COURT
(T ""SER)
BY:
(Signature
RICHARD ZAVALA, ASSISTANT CITY MANAGER
(Name and Title)
r1 A06-- -
(Mite)
APROVED AS TO rORM AND LE(GAfLITY: Attested By:
Assistant ity Attorney
Ailrty Hen .�
City Sccretary
NO M&C REQUIRED
re
Attachment^.
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