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HomeMy WebLinkAboutContract 60067MOTOR VEHICLE LICENSE AGREEMENT Citv of Fort Worth (AGENCY) CITY SECRETARY cc (o O0lo1 THIS AGREEMENT is entered on this 1'day of June 20 y a%nsi een Me County of Tarrant, a duly and lawfully organized County of the State of Texas ("County"), the Tarrant County Tax Assessor - Collector and Citv of Fort Worth ("Agency"). RECITALS: WHEREAS, Agency is a political subdivision that is Exempt under Texas Administrative Code Title 34 Part 1 Chapter 3 Subchapter O Rule §3.322, and other applicable law; and WHEREAS, public convenience will be furthered by authorizing Agency to process motor vehicle registration renewals on its fleet of Agency -owned, exempt vehicles at the location listed on the attached Exhibit "A"; AGREEMENT: NOW THEREFORE, for value received and in consideration of the covenants, conditions, and premises herein contained, the parties agree as follows; 1. County agrees to provide Agency with access to WebSub for motor vehicle registration renewals and supplies for motor vehicle registration renewals. County shall supply Agency with sticker paper, as needed for issuance. Under no circumstance will Agency keep said supplies at any location other than the location to which said supplies are assigned, as listed in Exhibit "A". 2. Agency shall designate one management employee to be designated as the liaison ("Designated Liaison") between Agency and the Tax Assessor -Collector. It will be the responsibility of the Designated Liaison to personally approve all individuals who will receive supplies and/or issue registrations under Agency's deputation. It is the further responsibility of the Designated Liaison to notify the Tax Assessor - Collector of each such individual's identity before permitting their contact with registrations under the Agency's deputation. The Designated Liaison will sign an oath of deputation on behalf of Agency to be given by the Tax Assessor -Collector. Prior to deputation, the Tax Assessor -Collector shall provide any training deemed necessary for the Designated Liaison and the individuals approved and known by the Tax Assessor -Collector. Agency agrees to notify County of any change in the Designated Liaison within 30 days of such change. Notice will be provided pursuant to Paragraph 11 of this agreement; should Agency fail to provide this notice, the County may revoke this agreement. OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Page I of 5 3. County agrees to not furnish any supplies for the account of the Agency other than to the Designated Liaison or individuals that are on the approved list submitted to the Tax Assessor -Collector by the Designated Liaison as described in Paragraph 2. The Designated Liaison or other approved individual will inventory supplies prior to accepting delivery. Agency assumes full liability for the safekeeping of all supplies furnished by the Tax Assessor -Collector pursuant to this agreement. The Tax Assessor -Collector will notify Agency in writing of any missing and unaccounted for supplies or cash shortages and Agency shall pay for any missing or unaccounted for supplies unless Agency rectifies any discrepancies within up to 7 days of the Tax Assessor-Collector's notice. 4. Agency agrees that inspection fees for each registration renewal processed by Agency are due and owing to the Tarrant County Tax Assessor -Collector. Fees for each registration renewal processed by Agency will be according to the "State Portion" of the State Inspection Fee List. 5. Agency shall submit Texas Department of Motor Vehicle WebSub generated reports and processed registration renewal notices to the Tax Assessor -Collector each week by Monday at close of business, along with its own payment by ACH, check or money order in the correct amount due for such transactions. Failure by Agency to pay Tax Assessor -Collector within 7 days the sums owed for registrations shall be grounds for the suspension of this Agreement and the Tax Assessor -Collector shall not issue additional supplies until all sums owed are paid. Agency agrees that it will hold all fees and other receipts collected pursuant to the terms of this Agreement as a fiduciary of the Tarrant County Tax Assessor -Collector, and that such fees and other receipts are due and owing to the Tarrant County Tax Assessor -Collector. 6. Agency will print and issue the corresponding vehicle registration sticker. Agency agrees to use the inventory in numerical sequence and to return all void and faulty inventory and reports to the Tax Assessor -Collector in a timely fashion. 7. Agency is subject to audit of inventory by the Tax Assessor -Collector at any time during normal business hours of the Agency and at a mutually agreed upon location. Should Agency's Department of Audit desire to evaluate compliance with the terms of this Agreement, County will allow Agency to examine all necessary records in accordance with the laws of the State of Texas and subject to the terms of all other relevant agreements to which County is a party. 8. This Agreement includes all deputations exchanged between the parties. Breach of any material obligation to be performed by either party shall constitute a breach of the entire Agreement and shall give either party the right to immediately terminate this Agreement. 9. Agency agrees to notify County of any change in the location of its places of business listed on the attached Exhibit "A" within 14 days of such change. Notice will be provided pursuant to Paragraph 11 of this Agreement. Any such change in location automatically terminates this Agreement with respect to that location and necessitates a new Agreement, as well as an audit of supplies and materials on hand. 10. Either party hereto may voluntarily terminate this Agreement at any time upon 30 days prior written notice to the other party sent as provided in Paragraph 11. Within 7 days after the date of termination, Agency shall return to County all outstanding inventory, supplies, together with payment of motor vehicle fees due and a final report as provided for in Paragraph 5. Page 2 of 5 11. Notice given pursuant to this Agreement shall be in writing and shall be given by United States certified or registered mail, postage prepaid, addressed to the appropriate party as set forth below: COUNTY: Wendy Burgess, Tarrant County Tax Assessor -Collector Administration Building 100 E Weatherford St Fort Worth, TX 76196 AGENCY: City of Fort Worth Attn: Brad Hunter — Fleet Division 5021 James Ave Fort Worth, TX 76115 The person and address to which notices are to be given may be changed at any time upon written notice to the other party. 12. The term of this Agreement shall continue in full force and effect until August 31, 2024, unless superseded or amended by a written instrument executed by each party. This agreement may be terminated at any time by either party upon 30 days prior written notice, as set forth in Paragraph 11. 13. This Agreement shall be construed under and in accordance with the laws of the State of Texas. Exclusive venue for any action taken relative to this agreement shall be Tarrant County, Texas. 14. Neither party shall assign its rights, nor delegate its duties, under this Agreement without prior written consent of the other party. Such unauthorized assignment and/or delegation shall, at the option of the non -assigning and/or non -delegating party be a material breach for which the non -assigning and/or non -delegating party may void this Agreement. 15. The provisions of this Agreement are not intended to create, nor shall they be in any way construed to create, a joint venture, a partnership, employment relationship or any other similar relationship between the parties. Agency acknowledges that it is an independent contractor and that it will be acting as an independent contractor in performing its obligations under this Agreement. 16. This Agreement shall supersede all other agreements for services specified hereunder, whether oral or written, for any and the location listed on Exhibit "A". 17. This Agreement shall not be amended or modified, except in writing signed by authorized representatives of the Agency, County, and the Tax Assessor -Collector. 18. Agency verifies that it does not boycott Israel and will not boycott Israel during the term of this contract. 19. Compliance with Laws. In providing the services required by this Agreement, Agency must observe and comply with all applicable federal, state, and local statutes, ordinances, rules, and regulations, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, and non-discrimination laws and regulations. Agency shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. Page 3 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first written above. COUNTY OF TARRANT STATE OF TEXAS: By: < - �O'j Tim O'Hare County Judge TAX ASSESSOR -COLLECTOR: quo Wendy Burgess Tarrant County APPROVED AS TO By: — Criminal Pistrict Attorney's Office* Name: therine E Owens Title: Assistant Criminal District Attornev Agency: City of Fort Worth By: Signature D lVl Gl� Printed Name Title Attest: alu ,pooan���aa Jannett Goodall �� °°o °°o City Se etary Q 16$ 0 .. $ ���*o o * ` APPROVED AS TO FOINA1�ACALT By: City of Fort Worth Name: Richard A McCracken Title: Senior Assistant Citv Attornev Flo 04+ 0-(I"V ,e *By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document from our client's legal perspective. Other parties may not rely on this approval. Instead, those parties should seek contract review from independent counsel. Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: - Name: �"2,0,0 Ao r-r e 2 Title: A� S i • a oP22-v/ �A�A{�erne� P►2 eTc�.2 OFFICIAL RECORD page 4 of 5 CITY SECRETARY FT. WORTH, TX EXHIBIT "A" City of Fort Worth Attn: Brad Hunter — Fleet Division 5021 James Ave Fort Worth, TX 76115 Page 5 of 5 CERTIFICATE OF INTERESTED PARTIES FORM 1295 1of1 Complete Nos. 1 - 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1028417 City of Fort Worth Fort Worth, TX United States Date Filed: �L Name of governmental entity or state agency that is a party to the contract for which the form is 05/31/2023 being filed. Tarrant County Date Acknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 357 License Plate registration stickers 4 Nature of interest Name of Interested Party City, State, Country (place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. 6 UNSWORN DECLARATION My name is Brad A Hunter My address is 5021 James Ave (street) F I declare under penalty of perjury that the foregoing is true and correct. , and my date of birth is 1 /19/1971 Fort Worth Tx 76115 USA (city) (state) (zip code) (country) Executed in Tarrant County, State of Texas on the 31 day of May 2023 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1- 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form, and the city, state and country of the business entity's place Certificate Number: of business. 2023-1028417 City of Fort Worth Fort Worth, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 05/31/2023 being filed. Tarrant County Date Acknowledged: 06/26/2023 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 357 License Plate registration stickers 4 Name of Interested Party 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is My address is (street) City, State, Country (place of business) 1 declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of and my date of birth is Nature of interest (check applicable) Controlling Intermediary (city) (state) (zip code) (country) on the day of 20 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V3.5.1.a18ea2ca