HomeMy WebLinkAboutContract 48996 CITY SECRETARY
�, Texas Department of Motor Vehicles CONTRACT NO. 0fli
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HELPING TEXANS GO,HELPING TEXAS GfiOW,
The Texas Department of Motor Vehicles (TxDMV), Vehicle Titles and Registration Division, allows individuals
or companies to purchase a copy of the motor vehicle title and registration (VTR) database. To purchase a
copy of the VTR database, the purchaser must enter into a written service agreement with the department, in
accordance with the provisions of Transportation Code, Chapter 730. Additionally, the federal Driver's Privacy
Protection Act (18 U.S.C. §2721) was enacted which governs the release and use of personal data contained
in the VTR database, and provides for civil and criminal penalties for non-compliance with the law. The
enclosed Service Contract for Purchase of the VTR Database addresses the provisions of this law.
The VTR database contains important, secure personal data concerning vehicle owners that is protected by
law and must be treated in a confidential manner. Therefore, the service contract outlines the conditions under
which TxDMV may provide the VTR database and weekly updates to the database and stipulates restrictions
regarding the use of the protected personal information obtained by virtue of this agreement, either directly or
indirectly.
The restrictions apply to all purchasers of the database and/or weekly updates, and any third parties that may
obtain VTR database information from the purchaser, either directly or indirectly. Each purchaser must comply
with the provisions of the federal and state Driver's Privacy Protection Acts. Penalties for violating the
restrictions specified in the contract may result in immediate termination of the purchaser's contract.
If you are requesting the purchase of weekly updates to the VTR database, please complete the account
information form in addition to the service contract. Upon completion of all requested items, return the properly
executed service contract along with the attachments, and the account information form to:
Texas Department of Motor Vehicles
Vehicle Title and Registration Division
PO Box 5020
Austin, Texas 78763-5020
If you have any questions regarding the Masterfile and/or Weekly Updates, please contact Data Support
Services at VendorBilling(a)txdmv.gov.
Attachments
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OFFICIAL RECORD t e C/TyEeNnnW.0—
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CITY SECRETARY ��p�6
FT.WORTH,TX
4000 JACKSON AVENUE.AUSTIN.TEXAS 78731 1 0 512.465.3000 * 888.368.4689(888-DMVGOTX)* F 512.465.3098 www.TxDMV.gov
MOTOR VEHICLE WEEKLY UPDATES For Department Use Only
ACCOUNT INFORMATION
IT SERVICES DIVISION
4000 JACKSON AVENUE,AUSTIN,TEXAS 78731-6007 (Account Number)
PLEASE PRINT OR TYPE
ACCOUNT NAME: DATE:
Fort Worth Municipal Court
BUSINESS MAILING ADDRESS:
(Street Address, City, State,Zip Code, and County):
1000 Throckmorton Street,Fort Worth,Texas 76102 - Tarrant County
County:
E-BILLING CONTACT: For Monthly Billing
(Name, Telephone Number, and E-Mail Address of the Person to which the Monthly Invoices will be E-Mailed)
Name: Sherral Dulaney Telephone Number - ( 817 ) 392-6727
E-Mail Address: sherral.dulaney@fortworthtexas.gov
CONTRACT CONTACT:
(Name,Telephone Number, and E-Mail Address)
Name: Dakisha R.Wesley Telephone Number - ( 817 ) 392-6737
E-Mail Address: dakisha.wesley@fortworthtexas.gov
FILE CONTACT:
(Name, Telephone Number, Mailing, and E-Mail Address of the Person receiving the Weekly Updates):
Name: Suzy Atchison Telephone Number - ( 817 ) 392-8780
Mailing Address: 1000 Throckmorton Texas,Fort Worth, Texas 76102
E-Mail Address: suzy.atchison@fortworthtexas.gov
MEDIA TYPE:
Please specify how data(weekly updates)should be provided:
X
FTP
(Complete the information below):
FTP Address: User ID/Login:
FTP Password: Encryption Key:
PUBLIC VENDOR LIST:
Would you like your Company Name,Address, and Telephone Number Included on our Public Vendor List?
X
Yes No
Vendor:7/16
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 Motor Vehicles, hereinafter called the "State," and
City of Fort Worth-a home-rule municipal corporation
hereinafter called the"Purchaser."
WITNESSETH
WHEREAS, Transportation Code, Chapters 501, 502, and 504 establish 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,
Chapter 730, the state Driver's Privacy Protection Act; and
WHEREAS, the Purchaser requests from the State authority to obtain information by purchase of
the VTR database; and
WHEREAS, the federal Driver's Privacy Protection Act (18 U.S.C. §2721 et. seq.) 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 Texas Motor Vehicle Board adopted Title 43, Texas Administrative Code, Chapter
217, Subchapter F establishing the costs the State may assess a Purchaser of the VTR database;
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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 and Texas Driver Privacy Protection
Acts (DPPAs):
a) Motor Vehicle Registration and Title (VTR) Database on USB external hard drive
b) Weekly Updates to the Motor Vehicle Registration and Title (VTR) Database via
electronic transfer.
c) Weekly Dealer/Supplemental Files via electronic transfer
The Purchaser requests authority to obtain the following information (initial as applicable):
VTR Database
X Weekly Updates to VTR Database
Dealer/Supplemental Files
2. CERTIFICATION OF USE
The State may release privacy protected personal information contained in motor vehicle records
(MVRs), as defined in the DPPAs, 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. Use: The Purchaser may only use VTR database information obtained from the State in
accordance with DPPAs, and only for the permitted use or uses certified to in Attachment "A"
of this contract, if applicable.
B. Application: The 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. Vehicle Transfer Notices: The Purchaser shall utilize the State data only for the purpose stated
in this contract and none other, and the data reflects notices of transfers of vehicles received by
the State. Failure on the Purchaser's part to properly interpret the State data shall be the fault
of the Purchaser, and liability for sending violation notices to the incorrect party(ies) shall rest
with the Purchaser and not the State. If the data continues to be interpreted improperly, then
the contract is subject to termination.
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D. Resale and Redisclosure: A Purchaser obtaining privacy protected personal information,
may only resell or redisclose the privacy protected personal information for a permitted use
authorized by law that:
(1) The Purchaser has indicated for its own use; or
(2) The Requestor is obtaining as agent of an authorized recipient for the authorized
recipient's own use as permitted under Transportation Code, Section 730.007.
All uses must be listed in Attachment A. Information may not be obtained solely for the purpose of
resale or redisclosure. An authorized recipient may not redisclose the information in the identical
or a substantially identical format received under this contract.
The Purchaser 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 protected information from the Purchaser, directly or indirectly, must
comply fully with the provisions of the DPPAs. Any violation of the above law by a person or entity
acquiring 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 DPPAs. 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 unless terminated in accordance with Paragraph
7 of this contract, Termination.
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. If requesting Dealer/Supplemental files, an additional
deposit of at least $1235.00 must be maintained. 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
Motor Vehicles" and is due upon execution of this contract. PLEASE NOTE: Upon refunding this
escrow deposit, the State Comptroller may place a hold on these funds if there is outstanding state
debt (indebtedness, tax delinquency or student loan default).
6. CHARGES
A fee of $5,000 plus $.38 per 1,000 records will be assessed for the purchase of the VTR
database. The one time charge of $5,000 shall be submitted with a properly executed contract
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VENDOR: (7/16)
requesting the purchase of the VTR database. The State will copy the database to USB external
hard drive 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 USB
external hard drive, 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 via FTP transfer; 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.
If requesting Dealer/Supplemental Files, charges are:
• $95 via FTP transfer
If the State researches a complaint or concern or extra technical support is provided by either the
agency or the agency's third party vendor which is determined to be an error on part of the
Purchaser, the State will charge the Purchaser for time at the rate of$28.50 per hour.
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 and/or Dealer/Supplemental Files. The State shall bill the Purchaser, one month in
advance, for the weekly updates and/or Dealer/Supplemental Files to be provided during the
upcoming month.
8. PAYMENT
The total amount indicated on the invoice is due monthly, on or before the invoice due date.
Invoices are sent out via E-Billing. 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. Payment methods are as follows:
Mail check or money order to:
Texas Department of Motor Vehicles
IT Services, Data Support Services
P.O. Box 5020
Austin, Texas 78763-5020
Credit Card: Call Data Support Services Branch at(512)-465-1468, option 2.
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.
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VENDOR: (7/16)
10. CONTACT INFORMATION
A. Technical assistance regarding the information provided or information regarding billings or
payments for your account may be obtained by contacting Data Support Services Branch, at
(512) 465-1468 option 2 (Monday through Friday 8:00 AM- 5:00 PM).
B. Customers with questions or complaints concerning personal solicitation or concerns should be
referred to Consumer Relations Contact Center at 1-888-368-4689 (Monday through Friday
8:00 AM- 5:00 PM).
11. TERMINATION
Termination by State or Purchaser. The State or Purchaser may terminate this contract in writing
at any time.
Termination for Cause. Without limiting the foregoing, the State may immediately terminate this
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.
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.
If the contract is terminated for cause, then the Purchaser agrees to erase or otherwise
destroy from its records any VTR data provided from the State.
12. 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.
13. 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 DPPAs,
including, but not limited to, limiting usage to the permissible uses under those Acts.
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14. 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.
15. 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.
16. 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.
17. AFFIRMATION
The undersigned for the Purchaser represents, warrants, and affirms that no employee, owner, or
person associated with the company that is the party to this agreement has ever been denied
access to motor vehicle information by Texas or any other state/U.S. Jurisdiction's titling and
registration department for misuse of motor vehicle information. The undersigned acknowledges
that to make a false statement within this agreement is an offense under Transportation Code,
Chapter 730.015 and Title 18, U.S.C. §Sec. 2723.
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.
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VENDOR: (7/16)
Contract Compliance Manager:
By signing I acknowledge that I am the person responsible
for the monitoring and administration of this contract, including
ensuring all performance and reporting requirements.
tof Q ZrC L �
Title
IN TESTIMONY HEREOF, the parties to this contract have caused these presents to be executed
in duplicate counterparts.
City of Fort Worth
Aj
V E PURCHAS
BY:
Signature
Valerie R.Washington,Assistant City Manager
Name and Title
200 Texas Street
Fort Worth,Texas 76102 Address
,City,,State,and Zip Code
(hr
Date
( ) Sole Proprietorship
Social Security Number or Employer I.D.Number
( ) Partnership APPROVED AS TO FORM AND LEGALITY-
Employer I.D.Number or Tax Number Z�f
( ) Corporation
Employer I.D.Number or Tax Number CRYATTORNEYI ICd 'f2Z C�c t�
em-C•• N(,4 F,... 1295: n/l
If purchasing weekly updates to the VTR database, please provide the following:
Sherral Dulaney FOR
Name of Person Responsible for Billing �,,.•• ��
1000 Throckmorton Street
Billing Address 0
Fort Worth,Texas 76102 * ...1
City,State,and Zip Code
817-392-6727
Telephone Number 77
CAS
ffy
FOR STATE PURPOSES tL
J. " SeCTBtIvy
THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Motor Vehicle Board for the
purpose and effect of activating and/or carrying out the orders, and established policies or work
programs heretofore approved and authorized by the Texas Motor Vehicle Board.
BY:
Signature
Executive Director , Texas Department of Motor Vehicles
Date
* * * PLEASE KEEP A COPY OF THIS CONTRACT
OFFICIAL RECORD Page 7 of 7
CITY SECRETARY VENDOR: (7/16)
FT.WORTH,TX
ATTACHMENT A:
CERTIFICATION OF USE
Note: 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 INITIAL (DO NOT CHECK Y)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
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).
B. 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)
heft;(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
(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;
CX 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;
Vendor:7/16
D. Use in:
Research or in producing statistical reports, but only if the personal information is not published,
redisclosed, or used to contact any individual;
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. Use in:
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;
I. Use in:
Connection with the operation of a private toll transportation facility;
CERTIFICATION
City ofo 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 V V .il:�4unicipaI C-UUJ i
(THE PMfrtHA
BY:
(Signature)
Valerie R.Washington,Assistant City Manager
(Name and Title)
(Date)
Vendor:7/16