HomeMy WebLinkAboutContract 38908 (2)CITY SECAETAAV
THE STATE OF TEXAS §
CONTRACT No
THE COUNTY OF TRAVIS §
INTERLOCALAGREEMENT
THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791,
I. CONTRACTING PARTIES:
The Texas Department of Transportation (TxDOT)
ThP City of Fort Worth, Texas (Local Government)
II. PURPOSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records,
III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out services
described in Attachment A, Scope of Services.
IV. CONTRACT PAYMENT: Contract payment shall conform to the provisions of Attachment B, Budget,
V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates on
or when otherwise terminated as provided in Attachment C, Article 5 of this Agreement.
VI. LEGAL AUTHORITY:
THE PARTIES certify that the services provided under this contract are services that are properly within the
legal authority of the Contracting Parties.
TxDOT further certifies that it has the authority to perform the services by authority granted in Section 702.003
and in Section 707.017 of the Texas Transportation Code.
The governing body, by resolution or ordinance, dated May 5 , 2009 ,has authorized the Local
Government to obtain the services described in Attachment A.
This contract incorporates the provisions of Attachment A, Scope of Services, Attachment B, Budget,
Attachment C, General Terms and Conditions, Attachment D, Resolution or Ordinance, Attachment E,
Contact Information, Attachment F, Account Information and Attachment G, City Scofflaw Input File
Requirements.
City of Fort Worth, Texas (Name of Local Gguerriment)
By SIGNATURE PAGE ATTACHED
Date
AUTHORIZED SIGNATURE
TYPED OR PRINTED NAME AND
Title
FOR THE STATE OF TEXAS
Executed for the Executive Director and approved for the Texas Transportation Commission for the urpose
gcarrying out the p
and effec f activatingnd/or carrorders, established policies or work programs heretofore
approved oi�idthoeyl by the -Texas Transportation Commission.
Rebecdp Davio, Ph.D.
Director``, Vehicle Titles a Registration Division
Texas Department of Transportation
City Scofflaw
Page 1 of 8
Date
0 F= uAL RECORD
CITY r.RFTARY
V&Revised 9/05/08
.._.__._-
SIGNATURE PAGE
owowt
Fernando Costa
Assistant City Manager
Assistant City Manager
Approved as to Form and Legality:
Attested bye
Marty �Iendrix,
Secretary
Zeel O
Da e
7�l7-D
Date
c�pntract AuthorizatiAR
OFFICIAL R��CRp
CITY S�CRETARIf
T. WORTH, TX
ATTACHMENT A
Scope of Services
TxDOT will:
1. On initial probes (inquiries) of data submissions received from the local government, generate
an output file containing matching license plates. If no vehicle record is found, such factual
information will be indicated on the output file together with the input data. Input and output
files will be returned to the Local Government after completion of the computer run.
2. Place 'flags" on vehicle records based on data submissions received from Local Government
containing "flag" request codes.
A flagged record will cause:
A. A "scofflaw" remark to be displayed on inquiry devices and point -of --sale workstations as
part of the vehicle record when an inquiry is made on a "flagged" record.
B. The printing of registration renewal notices with a "scofflaw" remark ("City Scofflaw:
(City Name)") so the Local Government may deny registration. Explanation
on the back of the registration renewal notice form directs the registrant to the county tax
office, or the municipal court in the indicated city.
3. Remove "flags" from vehicle records based on data submissions received from Local
Government containing "clear" request codes.
Local Government shall:
1. Provide data submissions to TxDOT via CD-ROMs ore -mail attachments in accordance with
TxDOT specifications (see Attachment G) for computer run of initial probes (inquiry), flags
(marking) of vehicle records and clears (removal) of flags.
2. Label CD-ROMs externally with the type of run to be made ("probe", "flag" and/or "clear") and
the number of logical records. Note: Files containing probes must be exclusively probes. Files
containing flags or clears can be exclusively flags or clears, or a combination of flags and
clears.
3. Submit an application to establish the method of payment (see Attachment F), and establish
account prior to submitting inquiries.
City Scofflaw Page 2 of 8 Revised 9105/08
ATTACHMENT B
Budget
The Local Government shall pay to TOOT the amount of $23.00 per computer run (file submission)
plus $.12 (twelve cents) for each transaction ("probe", "flag", or "clear") submitted to TxDOT.
Payments shall be made to the following address.
Texas Department of Transportation
Vehicle Titles and Registration Division
PO Box 5020
Austin, TX 78763-5020
A. If the Local Government chooses to submit their input file via CD-ROM, the attached "Account
Information" form must be completed, indicating that the Local Government wishes to establish a
"Pay Upon Request" Account. The applicable payment shall be made each time a request to
probe (search/inquiry), place or remove "flags" from motor vehicle records is submitted to TxDOT.
B. As an alternative, if the Local Government chooses to send their input file as an a -mail
attachment, the Account Information" form must be completed, indicating that the Local
Government wishes to establish a non -interest bearing escrow account ("Prepaid Account") with
TxDOT. Upon agreement between the Local Government and TxDOT and payment of applicable
fees, as described below, TxDOT will establish an account in the name of the Local Government.
Charges will be deducted from the escrow account until the balance of that account reaches the
minimum required balance for the Local Government, as determined by TxDOT and provided
herein.
A deposit of at least $500.00 must be maintained in anon -interest bearing escrow account.
This initial deposit is to cover estimated service use. The escrow account must be established
with TxDOT prior to submission of probes (inquiries), or placing or removing "flags" from motor
vehicle records for the Local Government. Payment of the deposit shall be made by check or
warrant, payable to the "Texas Department of Transportation" and is due upon execution of this
contract. The $500.00 minimum balance to be maintained in the escrow account may increase
depending on established monthly usage by the Local Government, The Local Government may
deposit additional funds into the escrow account in excess of the stated minimum balance. When
it becomes necessary to increase the Local Government's escrow account minimum balance, as
determined by TxDOT, the Local Government agrees to pay the sum in increments of $500,00,
This additional funding is payable within fifteen (15) days from receipt of notification from TxDOT.
TxDOT will provide a statement to the Local Government which indicates the remaining balance in
the Local Government's escrow account. A statement will be provided by TxDOT each time a
probe or a request to place or remove "flags" from motor vehicle records is submitted.
If the balance in the non -interest bearing escrow account falls below the $500.00 minimum
balance, TxDOT will suspend processing probes, or placing or removing "flags" from motor vehicle
records for the Local Government until such time as a deposit is made by the Local Government,
in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum
balance.
City Scofflaw Page 3 of 8 Revised 9/05/08
ATTACHMENT C
General Terms and Conditions
Article 1. Amendments
This contract may only be amended by written agreement executed by both parties before the
contract is terminated.
Article 2. Conflicts Between Agreements
If the terms of this contract conflict with the terms of any other contract between the parties, the most
recent contract shall prevail.
Article 3. Disputes
TxDOT shall be responsible for the settlement of all contractual and administrative issues.
Article 4. Ownership of Equipment
Except to the extent that a specific provision of this contract states to the contrary, all equipment
purchased by TxDOT under this contract shall be owned by TxDOT.
Article 5. Termination
This contract may be terminated by mutual written agreement, or 30 days after either party gives
notice to the other party, whichever occurs first.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The
only exceptions allowed are ordinary business lunches and items that have received the advanced
written approval of the Executive Director of the Texas Department of Transportation.
Article 7. Responsibilities of the Parties
Each party acknowledges that it is not an agent, servant, or employee of the other party. Each party
is responsible for its own acts and deeds and for those of its agents, servants, or employees.
Article 8. Compliance with Laws
The parties shall comply with all federal, state, and local laws, statutes, ordinances, rules, and
regulations and with the orders and decrees of any courts or administrative bodies or tribunals in any
manner affecting the performance of this agreement.
Article 9. State Auditor's Provision
The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
funds directly under the contract or indirectly through a subcontract under this contract acts as
acceptance of the authority of the state auditor, under the direction of the legislative audit committee,
to conduct an audit or investigation in connection with those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 10. Signatory Warranty
Each signatory warrants that the signatory has necessary authority to execute this agreement on
behalf of the entity represented.
City Scofflaw Page 4 of 8 Revised 9/05/08
ATTACHMENT D
Resolution or Ordinance
On the 5th day of May 12009 the City of Fort worth City
Council passed Resolution Nos 3736-05-09&3737-05-09 , hereinafter identified by reference,
authorizing the City's participation in the Program.
City Scofflaw Page 5 of 8 Revised 9/05/08
A Resolution
NQ. 3736-05-2009
AUTt�ORIZ[NG THE EXECUTION OF AN INTERLOCAL AGREEMENT WITH
THE TEXAS DEPARTMENT OF TRANSPORTATION •CU FLAG REGISTRATIONS
OF OWNERS OF VEHICLES THAT ARE DELINQUENT IN THE PAYMENT OF
CIN,'It, PENALTIES INIPOSED BY THE CITY'S AUTOMATED RED LIGHT
ENFORCEMENT PROGRAM
WHEREAS, Te.+cas Transportation Code,707.017 provides that if the owner of a
motor vehicle is delinquent in the payment of a civil penalty imposed by a photographic
traffic signal enforcement system, the County Tax Assessor -Collector or the Texas
Department of Transportation may refuse to register a motor vehicle alleged to have been
involved in the violation: and
WHEREAS, pursuant to Texas Transportation Code707.002, Chapter 707. the
City Council adopted Ordinance No. 17677 establishing the Automated Red Light
Enforcement Program for the City of Fort Worth,$ and
WHEREAS, the City of Fort Worth desires to enter into an Interlocal Agreement
with the Texas Department of 'Transportation (Tx DOT) under which TxDOT will flag
registration renewals of a motor vehicle whose owner, as indicated by information
submitted to it by the City, is alleged to be delinquent in the payment of a civil penalty for
said vehicle's violation of the City's Automated Red Light Enforcement Program,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT WORTH, TEXAS, THAT:
The
City Manager, or his designee, is authorized to execute an [nterlocul Agreement
with the Texas Department of Transportation to tlag registrations of vehicle owners of
vehicles that are delinquent in the payment of civil penalties imposed by the City's
Automated Red Light Enforcement Program.
I
s PASSED AND APPROVED by the City Council of the City of Fort Worth, "Texas,
on ththe Sth day of 1lay ?009.
�I�ct tti Hendrix, City' Secretary
APP,9c�VE�i
CITY CO�.Jf�CI�
C�tY Seci�_tar? of thu
sty n! r or1. W.,Oh, Texas
A Resolution
NO. 3737.05-2009
AUTHORIZING EXECUTION OF AN 1NTERLOCAL AGREE<<IENT VV1TH THE
TEXAS DEPARTMENT OF TRANSPORTATION TO FLAG VEHICLE RECORDS
OF INDIVIDUALS WHO HAVE OUTSTANDING WARRANTS FOR FAILURE TO
APPEAR OR FAILURE TO PAY A TRAFFIC FINE ON A COMPLAINT
INVOLVING VIOLATION OF A TRAFFIC LAW
WHEREAS, Section 70?.0U3 of the Texas Transportation Code provides that a
municipality may contract with a County Tax ,Assessor -Collector or the Texas Department
of Transportation (I'xDOT") to provide information indicating that an individual has an
outstanding warrant from that municipality for failure to appear or failure to pay a fine on
a complaint that involves the violation of a traffic law and that the Assessor -Collector or
Tx DOT may refuse to register a motor vehicle owned by an individual who has such a
warrant; and
WHEREAS, the City of Furt Worth desires to enter into an Interlucal Agreement
with Tx DOT under which the City will provide TxDOT with information indicating
individuals who have outstanding warrants from the City for failure to appear or failure to
pay fines on complaints involving violations of traffic law and TxDOT will, for a fee,
make a notation of the outstanding warrants in its records in order to decrease the
likelihood of such vehicles being registered unless the warrants are resolved.
NOW, THEREFORE, BE tT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF FORT Vb'ORTH, TEXAS, THAT:
The City Manager, or his designee, is authorized to execute an Interlocal Agreement
with the Texas Deparhnent of Transportation to provide TxDOT with information and
payment in exchange for TxDOT entering notations into the motor vehicle records of
individuals who have outstanding City warrants associated with violations of traffic laws,
PASSED AND APPROVED by the City Council of the City of For( Worth, Texas,
on this thr Sth day of May 2UU9.
-
�[rjrtHendrix. City Secretary
APPRGV�I'
CITY CCI.I,'�CiLM
Ctl y O' rut t .`iut t;;, Tc aas
ATTACHMENT E
Contact Information
Technical assistance regarding probes, placing and removing of "flags" from motor vehicle records or
information regarding payments for your account may be obtained by contacting the Vehicle Titles
and Registration Division, Technology Support Branch, at (512) 467-5983 or (512) 465J950 (Monday
through Friday 8:00 AM - 5:00 PM).
City Scofflaw Page 6 of 8 Revised 9105/08
ATTACHMENT F
ACCOUNT INFORMATION
VEHICLE TITLES AND REGISTRATION DIVISION
4000 JACKSON AVENUE, AUSTIN, TEXAS 78731.6007
PLEASE PRINT OR TYPE
Type of Account Requested:
Contras# Number
xx "prepaid" Account "Pay Upon Request" Account
DATE: jATTNv (Name and Telephone Number of Person Responsible For Account)
May 18, 20Q9
ACCOUNT NAME:
BILLING ADDRESS:
Kimberly O'Neil (817) 392-6737
City of Fort Worth MbC C-13503
Municipal Court Public Safety Building
1000 Throckmorton
Fort Worth, TX 76102
ATTENTION: (Name► and Malting Address of the Person Responsible for SenoYng and Receiving Flles.J
Kimberly O'tleil
MAILING ADDRESS:
Municipal Court Public Safety Building
1000 Throckmorton
Fort Worth, TX 76102
E-MAIL ADDRESS: (For Output File Returns By E-mail)
rosie,martinez@fortworthgov.org or suzy.atchison�fortworthgov,org ,
tU51NESS TELEPHONE NUMBER: BUSINESS FAX NUMBER:
(817) 392-6711
escrow Am
s
(817) 392-6701
my
City Scofflaw
Page 7 of 8
Revised 9/05/08
ACCOUNT INFORMATION
VEHICLE TITLES AND REGISTRATION DIVISION Contract Number
4000 JACKSON AVENUE, AUSTIN, TEXAS 78731-6007
PLEASE PRINT OR TYPE
For Depattmerd Use Onty
Type of Account Requested:
"Prepaid" Account "Pay Upon Request" Account
DATE: FATTN: (Hamm and retephone !Number of Person Responsible For Account)
ACCOUNT NAME:";
BILLING ADDRESS: f 1 % C)
ATTENTION: (Name and Ataifing Address of tfee Ple►son Responsible for Sending and Receiving Fifes.)
MAILING ADDRESS: 2 1 CA�) , t'
fc)(03o kh
E-MAIL ADDRESS: (For output Fire Returns By E- rrrall)
BUSINESS TELEPHONE NUMBER: BUSINESS FAX NUMBER:
For DWartment Use Only
Escrow Amount
Date Agreement Signed
Account TerminatedCanceied Account Number
Non -Payment User Request
ATTACHMENT G
CITY SCOFFLAW
INPUT FILE REQUIREMENTS
1. There are three (3) processes available within the RTS CITY SCOFFLAW processing
program. The available processes are as follows:
A. `P' —PROBE (inquiry)
B. 'F' — FLAG (set CITY SCOFFLAW data)
woo 'C' - CLEAR (lift CITY SCOFFLAW data)
2. The following input file format is required to process any of the three (3) options available with
the RTS CITY SCOFFLAW process.
CA
,N,
REG-YR 4 bytes Position 1.4 /*License Registration Year
PLTNO 7 bytes Position 5-11 /*License Plate Number
DOCNO 17 bytes Position 12-28 /*Document Number
FILLER 51 bytes Position 29-79 /*City Optional Data
(Data is returned on output file)
CODE 1 byte Position 80 /*P=Probe (inquiry)
/*F=Flag (set SCOFFLAW)
/*C=Clear (lift SCOFFLAW)
TOTAL 80 bytes
NOTE: A `P'robe request requires REG-YR (Registration Year), PLTNO (License Plate
Number) and CODE. All other information is optional.
Both `Flag or 'C'lear requests require DOCNO (Document Number) and CODE.
All other information is optional.
City Scofflaw Page 8 of 8 Revised 9/05/08
M&C Review
Page 1 of 2
C}Pfieia( ..>ite E�i the City of Fort Nlortli, ..s.?xas
i r
_. W .._. .�,��a ....�... _. _ _.. , _- -
COUNCIL ACTION: Approved on 5/5/2009 -Res. No. 3736-05-2009 &Ord. No. 18597-05-2009
DATE: 5/5/2009 REFERENCE NO.: C-23501 LOG NAME: 20REGHOLD2
CODE: C TYPE: NON -CONSENT PUBLIC NO
HEARING:
SUBJECT: Adopt a Resolution Authorizing an Interlocal Agreement with the Texas Department of
Transportation to Flag Registrations of Vehicle Owners Delinquent in the Payment of
Penalties Imposed under the Automated Red Light Enforcement Program in the Amount of
$5,100.00 and Adopt Appropriation Ordinance
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached resolution authorizing the City of Fort Worth to enter into an Interlocal Agreement with
the Texas Department of Transportation to flag registrations of vehicle owners that are delinquent in the
payment of civil penalties imposed by the City's Automated Red Light Enforcement Program in the amount
of $5,100.00; and
2. Adopt the attached supplemental appropriation ordinance increasing estimated receipts and
appropriations in the Automated Red Light Enforcement Program Fund in the amount of $5,100.00 from
available funds in order to fund the Interlocal Agreement.
DISCUSSION:
Adoption of the attached resolution is required before the City of Fort Worth can establish and implement a
contract with the Texas Department of Transportation to "flag" motor vehicle records. Section 707.017 of
the Texas Transportation Code provides that "If the owner of a motor vehicle is delinquent in the payment of
a civil penalty imposed under this chapter, the County Tax Assessor -Collector or the Texas Department of
Transportation may refuse to register a motor vehicle alleged to have been involved in the violation."
The registration hold program with the State will assist the City in obtaining past due fines over 90 days
including violators who have numerous violations that have not been paid.
The monthly fee to report this information to Texas Department of Transportation will be $23.00 per
computer run plus 12 cents for each transaction in the file. An initial deposit of $500.00 will also be required.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendations
and adoption of the attached supplemental appropriation ordinance, funds will be available in the current
operating budget, as appropriated, of the Red Light Enforcement Program Fund.
TO Fund/Account/Centers
R159 539120 0202504 5100.00
FROM Fund/Account/Centers
R159 539120 0202504 5 100.00
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11744&councildate=5/5/2009 8/4/2009
M&C Review
Page 2 of 2
Submitted for City Manager's Office bv:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20reg_hold Resolution.doc
20REGHOLDOrdinance.doc
Fernando Costa (8476)
William Verkest (7801)
Randy Burkett (8774)
http://apps.cfwnet.org/council�acket/mc review.asp?ID=11744&councildate=5/5/2009
8/4/2009