HomeMy WebLinkAboutContract 40960 (2)•The State of Texas
County of Travis
Parties:
CITY SECRETARY
CONTRACT NO. ¶09 . 0
AGREEMENT FOR RELEASE OF DRIVER RECORDS
TO GOVERNMENTAL ENTITIES
The agreement is made between the Texas Department of Public Safety, 5805 N. Lamar, Austin, Texas 78752,
herein after "DPS", and
CITY OF FORT WORTH
Entity Name, herein after "Government Entity"
1000 THROCKMORTON, FORT WORTH, TX 76102
Address
WHEREAS, Texas law authorizes DPS to provide driver and related records individually and in bulk for specified
permissible purposes; and
WHEREAS, Texas law authorizes DPS to establish an Electronic System, to provide the release of driver status
information, three-year driving record and additional Driver Records for commercial motor vehicle driver license
holders, and
WHEREAS, state and federal law, including the federal Driver Privacy Protection Act of 1994 (PL 103-322; 18
USC § 2721 et seq.) and Texas' driver privacy protection legislation of 1995 (Tex. Trans. Code §730) extend
privacy protection to personal information maintained in the files of the state motor vehicle agencies such as the
Texas DPS; and
WHEREAS, the Driver Privacy Protection Act of 1994, as amended by PL 106-69 (18 USC §2721, as amended),
presently prohibits state motor vehicle agencies from selling personal information in bulk for purposes of marketing,
solicitations, and certain surveys unless a state has first obtained express consent from each individual about whom
listed personal information pertains, and
WHEREAS, the Texas State Legislature has refrained from enacting any express consent system for use in Texas;
and
WHEREAS, Texas law requires each prospective Government Entity under the Electronic System, before receiving
any records, to execute a written agreement or contract containing such safeguards as DPS considers necessary or
reasonable to ensure that all information and records obtained are used only for permissible purposes and that the
rights of the individuals and DPS are protected; and
WHEREAS, the Government Entity, desires to obtain driver status checks or three-year driving record and
additional Driver Records for commercial motor vehicle driver license holders, including personal information, from
DPS,
IT IS AGREED, THEREFORE, that DPS shall deliver to the Government Entity the Driver Records in an electronic
format, subject to the following terms and conditions:
1. Definitions:
a. "Driver Record" means a record that pertains to a motor vehicle operator or driver license or permit, or
identification document issued by DPS.
b. "Electronic System" means the process by which DPS supplies the Driver Records in an electronic format
through TexasOnline, including batch and Web -based applications.
c. "Personal information" means information that identifies a person, including the driver identification
number, name, date of birth, and address.
2. Certification of Permissible Use(s):
The Government Entity, by signing this agreement, hereby certifies compliance with all current.:. rovisioz so f jti
+1.1,411iliiiikidAl*ORD
federal Driver Privacy Protection Act of 1994, as amended by PL 106-69 (18 USC §2721 et
09-01 i o P03 : 99 IN CIT F°± ESg ARY
Rev. 07/28/2004a e
•WORTH, TX
Texas driver privacy protection legislation, and with all other state and federal laws applicable to this agreement.
The Government Entity further certifies that his/her/its use of the record and information obtained under this
contract is for the following permissible purpose(s) only and for no others:
Initial all that apply:
JK
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; or (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, the Anti Car Theft Act of 1992, the Clean Air Act, and any other statute or regulation enacted
or adopted under or in relation to a kw included in the above.
2. For use by a government agency in carrying out its functions or a private entity acting on behalf of
a government agency in carrying out its functions
3. For use in connection with a matter of (a) motor vehicle or motor vehicle operator safety; (b) motor
vehicle theft; (c) motoi vehicle product alterations, recalls, or advisories; (d) perfounance
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 noinral 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 to obtain correct information if the submitted
information is incorrect to prevent fraud by, pursuing a legal remedy against, or recovering on a
debt or security interest against the individual.
5. 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
6. For use in research or in producing statistical reports, but only if the personal infonation 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
agent, 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 on this page.
JK 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.C.
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 the Act.
13. For any other purpose specifically authorized by law that relates to the operation of a motor vehicle
or to public safety. Please provide statutory authority
Rev. 07/28/2004 Page 2 of 10
14. For use in the preventing, detecting, or protecting against identity theft or other acts of fraud. Prior
to release of personal information, DPS may require additional information.
It is expressly understood that the Government Entity may not sell personal information obtained under this
agreement to third parties for any purpose, but may furnish personal information without compensation for any
purpose or use that is permitted by federal or state law if necessary to carry out the particular function for which the
information was received. The Government Entity understands that it may not furnish personal information
received under this agreement to any third party unless the third party certifies that the intended use of the
information is permitted under this contract and state and federal law. The Government Entity further understands
that violating this paragraph is grounds for immediate termination of this agreement under Paragraph 15.
3. Payments:
Pursuant to Texas Transportation Code §521.049, DPS cannot charge a fee for Driver Record information disclosed
to law enforcement or other governmental agencies for an official purpose. However, there is an exception for
records sold in bulk for research purposes A Government Entity obtaining records for research must enter into a
contract with DPS to receive Driver Record information.
This contract allows for the release of Driver Record information through the TexasOnline batch application,
pursuant to the requirements of Paragraph 4, at no expense to the Government Entity. If the Government Entity
desires to receive the records through the TexasOnline Web -based application or exceeds the TexasOnline batch
application limitation set pursuant to Paragraph 4, the Government Entity is obligated to pay the TexasOnline
service fee for each transaction The TexasOnline Authority establishes the service fee for all transactions utilizing
the TexasOnline System
If the Government Entity utilizes the system in a manner that dictates the payment of the service fee, the payment
will be handled in an electronic format established by BearmgPoint Inc. and the TexasOnline System The
Government Entity shall remit payment immediately upon receipt of billing Failure to remit timely payment could
result in termination of the contract, or could result in the denial of release of additional records until prior payments
are received and processed.
4. Limitation on the number of records:
The Department has the authority to limit the number of records transferred to the Government Entity through the
batch application without payment of a service fee. This limitation will be based on Government Entity's
anticipated volume. The monthly use figure will be provided to the Government Entity in writing after the
agreement for release of Driver Records has been approved and signed by the Department. The Department can
alter the figure at any time upon notification to the Government Entity. The Government Entity must request a
change in writing if they would like the Department to review their record limitation and increase the number of
records authorized for release.
The record limitation will be set to allow the Government Entity to check, on a quarterly basis, the Driver Records
of all employees who operate the entity's vehicles If the records are needed for other purposes, those needs will be
considered at the time the limit is set.
If during any month the Government Entity needs to exceed their preset record limit, they can continue to receive
records upon payment of the service fee under the TexasOnline batch or browser applications.
Paragraph 4 does not apply to a Government Entity that chooses to utilize the Web -based application and agrees to
pay the required service fees
5 Acknowledgement and Disclaimer:
The Government Entity acknowledges that DPS is furnishing records and information "as is" and it makes no
representation or warranty as to the accuracy of any record or the information furnished DPS expressly disclaims
responsibility for any failure to deliver records or information in a timely manner, or at all, in the event of staff
shortages, failures of appropriations, breakdowns 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
records and information m a timely fashion. DPS has no further responsibility or liability to the Government Entity
Rev. 07/28/2004 Page 3 of 10
with respect to undelivered records and information and has no liability or responsibility whatsoever for delayed
records and information
6. Consumer Protection:
The Government Entity agrees that the records and information furnished under this agreement shall not be used to
engage in any method, act, or practice that is unfair or deceptive, nor shall they be used for marketing or
solicitations, or surveys not authorized by law.
7. Access to Information in Bulk:
The Government Entity agrees that no member of the public or any person outside the direct employ or control of
the Government Entity shall be allowed direct access to records and information through the Government Entity
under this agreement for any reason other than the Government Entity's intended and legitimate use of the records
and information.
8. Record Creation and Retention:
If the Government Entity re -discloses any of the information or records obtained under this agreement to a third
party, the Government Entity agrees to create records identifying each such person or entity who obtained personal
infoimation from the Government Entity and the legally permissible purpose for which the record or information
was obtained. The Government Entity shall retain the records of identification and purpose for a period of not less
than five (5) years following transfer of the information and or records to the third party.
9. Provide Copies of Records and Notification of Release:
If the Government Entity re -discloses any of the information or records obtained under this agreement to a third
party, the Government Entity shall provide access to or copies of those records identifying each person or entity who
obtained personal information from the Government Entity and the permissible purpose for which it was obtained to
DPS upon request. DPS retains the right to require the records in any applicable format including electronic or
paper. The Government Entity shall bear the expense of providing this information to DPS including any postage
and/or shipping charges The Government Entity will notify DPS of any inadvertent or unauthorized release of the
Driver Record information obtained under this contract within two days of when the Government Entity knows or
should have known of such unauthorized or inadvertent release.
10. Assignability
The Government Entity may not assign, license, or transfer any of its rights, duties, and obligations under this
agreement without the prior written consent of DPS.
11. Incorporation of Other Documents:
This agreement incorporates by reference the document entitled the "Agreement for Obtaining Electronic Driver
Record Infounation" (Attachment A to the Agreement for Release of Driver Records), which provides DPS
additional information about the Government Entity and its intended use for the Driver Record information
This agreement also incorporates by reference the document entitled Record Release Limitation This document
provides the Government Entity the number of Driver Records it can receive in a quarterly period.
With the exception to the above listed documents, this agreement embodies the entire agreement between the
Government Entity and DPS with relation to the transaction contemplated hereby, and there have been and are no
other covenants, agreements, representations warranties or restrictions between the parties other than those
specifically set forth in the agreement.
12. BearingPoint, Inc. and the TexasOnline Driver Record System:
BearingPoint, Inc. is the duly authorized service agent of DPS responsible for processing electronically submitted
Driver Record requests and delivering the Driver Records in a secure, electronic format utilizing the TexasOnlme
System BearingPoint, Inc. is responsible for the operation of TexasOnline and obligated to specific performance
level requirements established in the duly authorized Service Level Agreement entered by DPS and BearingPoint,
Inc. As such, BearingPoint Inc has the authority to suspend any Governmental Entities account or access to
Rev. 07/28/2004 Page 4 of 10
TexasOnline when such access compromises the operation of TexasOnline Suspension of such account or access
shall continue until the compromising condition is resolved, to the satisfaction of DPS.
13. Effective Date and Renewal:
This contract shall automatically renew on a yearly basis. However, either party may terminate this agreement upon
thirty days written notice to the other party. Notice should be given to the contact person designated in Paragraph 19
of this contract. Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever occurs first.
14. Cancellation:
Either party may cancel this agreement for any reason by giving the other party written notice of cancellation at least
thirty (30) days prior to cancellation If a party elects to cancel this agreement, all unfilled obligations, including the
obligation to pay TexasOnline for any applicable service fees, shall remain in force.
15. Termination:
DPS may terminate this agreement in writing at any time for any reason. Without limiting the foregoing, DPS may
immediately terminate this agreement, without notice for any violation of the terms of this contract or for any
violation of any state or federal law or regulation relating to the information provided by DPS under this agreement.
This includes but is not limited to failure to remit charges due in a timely fashion or for inappropriate use of data,
such as use for marketing or solicitations. The Government Entity acknowledges that if this agreement is terminated
for cause, DPS may refuse to provide records and information to the Government Entity in any format.
16. Change of Status:
The Government Entity may terminate this contract in writing at any time. This agreement will automatically
terminate if the Government Entity ceases to exist, if the Government Entity substantially changes the nature of its
business, or if the Government Entity ceases to qualify for the information under the peimissible use(s) certified in
Paragraph 2. The Government Entity, its successor in interest or its personal representative will immediately notify
DPS in writing of any change in status that would implicate this paragraph If the contract is terminated under this
paragraph, the Government Entity's successor in interest will be eligible to apply for and execute a new contract.
17. Amendments:
The Government Entity acknowledges that DPS 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 DPS. DPS agrees to notify the Government Entity in writing of the content of any
amendment. The Government Entity can make no modification or amendment to this Agreement unless in writing
and signed by both parties.
18. Indemnification:
To the extent authorized by the Constitution and laws of the state of Texas, the Government Entity agrees to
indemnify and save hauu>less the State of Texas and DPS, and any of their officers, agents, or employees, with
respect to any claim asserted against them under the federal Driver Privacy Protection Act of 1994, as amended (18
USC §2721 et seq.), Texas driver privacy protection legislation (Tex Trans Code §730, as amended), and other state
or federal law pertaining to this agreement for any act or omission attributable to the Government Entity, its
officers, agents, and employees, and others who obtain information from the Government Entity.
19. Contact Information
The following contact person is designated by the Government Entity to receive all correspondence regarding this
agreement:
Name. JOHN IUTSOPOULOS
Address* 1000 THRO rK.MORTON
City State, Zip Code: FORT WORTH, TX 76102
Telephone: S17-3 92-75 67
Rev. 07/28/2004
Page 5of10
Fax: 817-392-8869
Email address: JOHN.KITSOPOULOS@FORTWORTHGOV.ORG
All correspondence to DPS regarding this contract must be mailed to the following address:
Texas Department of Public Safety
Driver Record Bureau
P.O. Box 4087
Austin, Texas 78773-0360
20. Governing Law and Jurisdiction:
This agreement shall be construed in accordance with the laws of the State of Texas. The Government Entity agrees
that any dispute that arises under this agreement and cannot be amicably resolved by the parties shall be submitted to
a court of competent jurisdiction in Travis County, Texas, to which jurisdiction the Government Entity hereby
submits.
21. Signatory Authority:
The signatories hereby certify that they are authorized by their respective parties to execute this agreement as party
representatives and to bind their respective principals hereto.
IN WITNESS WHEREOF, the representatives of the parties have affixed their signatures on the dates as written
below.
CITY OF FORT WORTH
GOVERNMENT ENTITY
KAREN L. MONTGOMERY, ASSIST. CITY MGR
NAME AND TITLE
DATE
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Marty Hendrix., City Secretary
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TEXAS DEPARTMENT OF PUBLIC SAFETY
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CITY SECRETARY
Ft WORTH, TX
Page 6 of 10
Rev. 07/28/2004 _•__•
GOVERNMENT ENTITY INFORMATION FORM
ATTACHMENT A
AGREEMENT FOR OBTAINING ELECTRONIC DRIVER RECORD INFORMATION
Government Entity: CITY OF FORT WORTH
Contact Name: JOHN KITSOPOULOS
Address: 1000 THROCKMORTON, FORT WORTH, TX 76102
Contact Email Address: JOHN.KITSOPOULOS@FORTWORTHGOV.ORG
Contact Telephone Number: Contact Fax Number:
817-392-7567 817-392-8869
Nature of Entity's Activities:
MUNICIPAL GOVERNMENT
Intended use of Driver Record information obtained from the Texas Department of Public Safety:
Conduct bi-annual check of employees authorized to drive on City business for compliance with policy,
new hire checks for ability to drive on City business and follow up checks for employees who are in
violation of the policy for driving on City business but have cleared up the issue; checks for holders of
commercial drivers' license for designated vehicles.
If the Government Entity releases the information obtained from the Department, please explain what
safeguards and/or assurances are in place to meet requirements of this contract.
Information is not released outside of City employees who need to use it for the purpose stated above.
Information is loaded to the HR system and report management system which has security set for
individuals who need to access it for the purposes stated above.
Rev. 07/28/2004 Page 7 of 10
I hereby certify that I am authorized to make the foregoing statements and that the statements are true to
the best of my knowledge. I understand that if any of the statements are willfully false, I am subject to
criminal and civil penalties as well as the termination of the agreement to receive Driver Record
information. I also agree to notify DPS if any information supplied on this form changes within 30 days
from the date of such change. Failure to make such notification may result in the cancellation of the
contract.
KAREN L.MONTGOMERY
Name Signature
ASSISTANT CITY MANAGER
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Title Date
Attested by:
Marty Hendri
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OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Rev. 07/28/2004
Page 8 of 10
Record Release Limitation
Attachment B
Pursuant to the Agreement for Release of Electronic Driver Records to Government Entities, the Department will limit the number of
records transferred utilizing the TexasOnline batch process without payment of the transaction service fee.
This limitation is based on Government Entity's stipulated anticipated volume. The record limitation will be set to allow the
Government Entity to check the Driver Records of all employees who operate motor vehicles on a quarterly basis. This policy also
allows for Driver Records that may be needed for other purposes — those needs must be specifically stated on this form
CITY OF FORT WORTH
Government Entity name
Contact Information
JOHN KITSOPOULOS
817-392-7567
Individual's name Telephone number
1000 THROCKMORTON, FORT WORTH, TX 76102 817-392-8869
Address Fax number
JOHN.KITSOPOULOS@FORTWORTHGOV.ORG
Email address
Record Information
N umber of employees that operate a motor vehicle as part of their job function: 7000
N umber of Driver Records reviewed quarterly for hiring practices: 450
Additional needs for Driver Records
(Must specifically detail the need for the record(s) and how many record(s) are needed in each quarter):
S pecific reason
N umber of records per quarter
S pecific reason
Rev. 07/28/2004 Page 9 of 10
N umber of records per quarter
S pecific reason
N umber of records per quarter
S pecific reason
Number of records per quarter
Total Number of Records needed per Quarter: 7450
I hereby certify that I am authorized to make the foregoing statements on behalf of the above named
Governmental Entity and that the statements are true and correct to the best of my knowledge. I
understand that if any of the statements are willfully false, the Governmental Entity that I represent is
subject to the termination of the agreement to receive Driver Record information. I also agree to notify
DPS if any information supplied on this form changes within 30 days from the date of such change.
KAREN L. MONTGOMERY
Name
ASSISTANT CITY MANAGER
Signature
/3/// 0
Title Date
The Department agrees to set the limit at the number specified above. The number of records that
CITY OF FORT WORTH can obtain quarterly is 7450
The Department has adjusted the number of records requested above because
The adjusted total number of records that
can obtain quarterly is
Approved by the Department of Public Safety:
Signature
Date Name and Title
Rev. 07/28/2004 Page 10 of 10