HomeMy WebLinkAboutContract 6288903/07/2025
Now, therefore, in consideration of the mutual covenants and agreements contained herein, the
Parties agree to enter into this Contract.
AGREEMENT
The TxDMV will provide electronic access to or will electronically deliver the Data to the
Recipient, under the following conditions:
1. Recipient's Certification of Use
The Recipient by signing this Contract, certifies its compliance with all provisions of the Acts, the
TxDMV Rules, and with all other federal and state laws applicable to this Contract. Additionally,
the Recipient acknowledges and confirms that its use of the Data obtained under this Contract is
for the permissible purpose(s) referenced below as defined in Texas Transportation Code §
730.007(a)(2) and cannot be used for any other purpose. The permissible purpose(s) that the
Recipient is certifying under this Contract are as follows:
��i� Section 730.007(a)(2)(A) - Use by: (i) a government agency, including any court or law
��ii) enforcement agency, in carrying out its functions; or (ii) private person or entity acting on
behalf of a government agency in carrying out the functions of the agency.
❑(i) Section 730.007(a)(2)(B) - Use in connection with a matter of: (i) motor vehicle or motor
❑(ii) vehicle operator safety; (ii) motor vehicle theft; (iii) motor vehicle product alterations,
❑(iii) recalls, or advisories; (iv) performance monitoring of motor vehicles, motor vehicle parts,
❑(iv) or motor vehicle dealers; or (v) removal of nonowner records from the original owner
❑(v) records of motor vehicle manufacturers.
� Section 730.007(a)(2)(C) - Use in the normal 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 agent of the business; and
if the information is not 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.
❑ Section 730.007(a)(2)(D) - 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.
� Section 730.007(a)(2)(E1 - Use in research or in producing statistical reports, but only if
the personal information is not published, redisclosed, or used to contact any individual.
❑ Section 730.007(a)(2)(F) - Use by an insurer, insurance support organization, or self-
insured entity, or an authorized agent of an insurer, insurance support organization, or
self-insured entity, in connection with claims processing or investigation activities,
antifraud activities, rating, or underwriting.
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� Section 730.007(a)(2)(G) - Use in providing notice to an owner of a vehicle that was towed
or impounded and is in the possession of a vehicle storage facility.
� Section 730.007(a)(2)(H) - Use by a licensed private investigator agency or
licensed security service for a purpose permitted under this section.
❑ Section 730.007(a)(2)(J) - Use in connection with the operation of a toll transportation
facility or another type of transportation project described by Section 370.003.
❑ Section 730.007(a)(2)(K) - Use by a consumer reporting agency, defined by the Fair Credit
Reporting Act (15 U.S.C. Section 1681 et seq.), for a purpose permitted under that Act.
� Section 730.007(a)(2)(L) - Use by a motor vehicle manufacturer, dealership, or
distributor, or an agent of or provider of services to a motor vehicle manufacturer,
dealership, or distributor, for motor vehicle market research activities, including survey
research.
��i� Section 730.007(a)(2)(M) - Use in the ordinary course of business by a person or
❑(ii) authorized agent of a person who: (i) holds a salvage vehicle dealer license issued
❑(iii) under Chapter 2302, Occupations Code; (ii) holds an independent motor vehicle
❑(iv) dealer or wholesale motor vehicle auction general distinguishing number; (iii)
holds a used automotive parts recycler license; or (iv) is licensed by, registered
with, or subject to regulatory oversight by the Texas Department of Motor Vehicles,
the Texas Department of Banking, the Department of Savings and Mortgage
Lending, the Credit Union Department, the Office of Consumer Credit
Commissioner, Texas Department of Insurance, the Board of Governors of the
Federal Reserve System, the Office of the Comptroller of the Currency, the Federal
Deposit Insurance Corporation, the Consumer Financial Protection Bureau, or the
National Credit Union Administration.
2. Data Fees and Locations
2.1. TxDMV will provide the Recipient with the Data at the applicable fee(s) set forth in TxDMV
Rules. This Contract does not cover additional services beyond providing the Data, such as
resending, researching, or programming related to the Data. The Data is provided to
the Recipient as-is.
2.2. This Contract may be used for multiple business locations under the control of the
Recipient, if applicable, and using the same tax identification number.
3. Bulk File Requirements
3.1 Not applicable to this contract (Texas Transportation Code § 730.014 (d))
3.1. " "
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3.2 Not applicable to this contract (Texas Transportation Code § 730.014 (d))
-- •- - -- -- - -- - - - -- - - ■ - -- - -- -- - - - --
-- - - - -- - - ---- - -- -- - - - - - - - --
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3.3. The Recipient entering into this Contract for bulk Data is prohibited from selling or
redisclosing the Data for the purpose of marketing extended vehicle warranties by
telephone pursuant to Texas Transportation Code § 730.014.
3.4. The Recipient entering into this Contract for bulk Data acknowledges and agrees that if it
experiences a"breach of system security," as defined by Texas Business & Commerce Code
§ 521.053, that includes Data obtained under this Contract, the Recipient must notify the
designated TxDMV Representative identified in Subsection 10.5 of this Contract of the
breach not later than 48 hours after the discovery pursuant to Texas Transportation Code
§ 730.014.
3.5. The Recipient entering into this Contract for bulk Data acknowledges and agrees that it shall
include in each contract or agreement it enters into with a third party to receive the Data
from the Recipient that the third party must comply with federal and state laws regarding
the Data pursuant to Texas Transportation Code § 730.014
3.6. The Recipient entering into this Contract for bulk Data, and any third party receiving the
Data from the Recipient, shall protect the Data with appropriate and accepted industry
standard security measures for the type of data and the known risks from unauthorized
access and use of the Data pursuant to Texas Transportation Code § 730.014.
3.7. The Recipient entering into this Contract for bulk Data agrees to electronically submit an
annual report, on a form prescribed by TxDMV, on or before October 15t of each year for
the 12-month period beginning September 1St of the preceding year. The annual report
submitted must comply with the annual report requirements as set forth in TxDMV Rules
pursuant to Texas Transportation Code § 730.014.
3.8. For the avoidance of doubt, the Recipient or its authorized individual entering into this
Contract for bulk Data affirms with their initials below, that the Recipient understands
and will fully comply with all the provisions listed in this Section 3 of this Contract, as
applicable.
� Initials INITIAL HERE
4. Data Restrictions
4.1. The Recipient may redisclose the Data, including redisclosure for compensation, only as
permitted in accordance with Subsection 5.1 of this Contract.
4.2. A Public Purpose Contractor may only use the Data to carry out the functions of the entity
named in Attachment A, Public Purpose Contractor Certification of Use, if applicable to
this Contract. If the Recipient is a Texas governmental entity or toll project entity, who has
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employed a Public Purpose Contractor, then Attachment A is attached hereto and
incorporated by reference and made part of this Contract for all purposes.
4.3. A Recipient who certifies a permissible purpose(s) as identified in Section 1 ofthis Contract,
that requires an active license or registration as set forth in TxDMV Rules, may access the
Data, only while the license or registration is active and in good standing. If the license or
registration expires, becomes inactive, or is revoked, and if the Recipient does not qualify
for Personal Information under another permissible purpose(s), this Contract shall
terminate in accordance with Subsection 4.4 of this Contract. For the avoidance of doubt,
this Subsection does not apply to a Recipient who would otherwise be exempt from the
requirements pursuant to 43 Texas Administrative Code § 217.125.
4.4. The Recipient required to have an active license or registration must provide TxDMV proof
of its renewed license or registration, as set forth in TxDMV Rules, no later than 30 days
following the expiration date. If the Recipient does not provide proof within 30 days, the
Recipient's access to the Data will be suspended until such proof is provided. Ifthe Recipient
has not provided proof within 90 days following the expiration date, this Contract shall
immediately terminate without notice being required.
4.5. For the avoidance of doubt, the Recipient or its authorized individual entering into this
Contract affirms with their initials below, that the Recipient understands and will fully
comply with Section 4 of this Contract.
� Initials INITIAL HERE
5. Data Redisclosure
5.1. In accordance with Texas Transportation Code § 730.013, the Recipient may redisclose the
Data, including redisclosure for compensation, only to a"Person", as defined in Texas
Transportation Code § 730.003, who has a permissible purpose(s) under the Acts and, in
accordance with TxDMV Rules. Though, the Recipient is strictly prohibited from redisclosing
the Data, including redisclosure for compensation, in the identical or substantially identical
format as disclosed by TxDMV. Additionally, the Recipient acknowledges and understands,
that the Recipient is subject to a criminal offense if found to have redisclosed the Data
provided under this Contract in violation of Texas Transportation Code § 730.013.
5.2. The Recipient who rediscloses the Data, including redisclosure for compensation, shall
maintain redisclosure records containing the following information for a minimum of 5
years:
A. the individual's name and the organization or entity with which the individual is
associated, when known;
B. the permissible purpose(s) for obtaining information;
C. the quantity of Texas motor vehicle records redisclosed to the Person under each
permissible purpose(s);
D. any documented agreement between the Recipient and the Person to which the
Recipient redisclosed information; and
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E. a statement specifying what data was redisclosed and in what format.
5.3. If TxDMV requests the redisclosure records in writing, the Recipient shall provide copies of
the redisclosure records not later than 30 days after the date of TxDMV's request. If the
Recipient does not fully respond within 30 days, TxDMV, in its sole discretion, may prevent
access or delivery of the Data under Texas Transportation Code § 730.014(g) and may
terminate this Contract.
5.4. The Recipient shall inform all Persons to whom it rediscloses the Data, including
redisclosure for compensation, of each Person's legal obligations under the Acts and the
TxDMV Rules.
5.5. Any violation of the Acts or TxDMV Rules by a Person that obtained the Data from the
Recipient, directly or indirectly, will be considered a breach of this Contract by the
Recipient, and may subject the Recipient to termination or liability under the terms of the
Acts and this Contract. Additionally, the Recipient must provide written or electronic
notification to the Person obtaining the Data from the Recipient that the Person is also
subject to the redisclosure provisions and a criminal offense in accordance with Texas
Transportation Code § 730.013.
5.6. For the avoidance of doubt, the Recipient or its authorized individual entering into this
Contract affirms with their initials below, that the Recipient understands and will fully
comply with Section 5 of this Contract.
� Initials INITIAL HERE
6. Data Security, Confidentiality and Breaches.
6.1. TxDMV provides access to or delivery of the Data in an electronic format through TxDMV-
maintained systems. TxDMV operates and controls its electronic systems, including real-
time web-based applications.
6.2. TxDMV is responsible for processing submitted requests and delivering the Data in a secure,
electronic format, utilizing TxDMV-maintained systems. TxDMV is obligated to achieve
specific performance level requirements. As such, TxDMV has the authority to suspend any
account or to suspend access to TxDMV-maintained systems when such access
compromises the security and operation of the systems. Suspension of a Recipient's
account or access the TxDMV-maintained systems shall continue until the compromising
condition is resolved to the satisfaction of the TxDMV.
6.3. To the extent the Recipient has access to, stores, rediscloses, or otherwise deals with the
Data, the Recipient represents and warrants that it has implemented and it shall use
appropriate legal, organizational, physical, administrative and technical measures, and
security procedures designed to: (i) ensure the security and confidentiality of the Data; (ii)
protect the Data from unauthorized access, use, hacking, redisclosure (including
redisclosure for compensation), duplication, theft, modification and/or loss; and (iii)
implement physical security and access controls at any of its facilities (including any data
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centers) that house the Data. This obligation applies whether the disclosure was intentional
or unintentional by the Recipient, or by a Person that obtained the data from the Recipient,
directly or indirectly.
6.4. Recipient who uses a website to process, transmit, or store the Data shall be accessible
through a secure connection (HTTPS-only, with HTTP Strict Transport Security (HSTS)),
utilizing Transport Layer Security (TLS) version 1.2 or higher.
6.5. Each individual who, by virtue of this Contract, is granted access to TxDMV-maintained
systems for permissible purpose(s) to the Data shall review and execute the Texas Motor
Vehicle Records Data Contract Data Use Agreement before accessing any TxDMV-
maintained systems.
6.6. Notwithstanding the provisions specified in Subsection 3.4 of this Contract, if the Recipient
experiences a breach of its system security or determines there has been unauthorized
access and/or use of the Data or any TxDMV-maintained systems, the Recipient shall notify
the designated TxDMV Representative identified in Subsection 10.5 of this Contract of the
breach or unauthorized activity, no later than 48 hours after the breach of security or data
is discovered.
6.7. For the avoidance of doubt, the Recipient or its authorized individual entering into this
Contract affirms with their initials below, that the Recipient understands and will fully
comply with Section 6 of this Contract.
� Initials INITIAL HERE
7. Recipient's User ldentification
7.1. The Recipient shall submit all requests for access to TxDMV-maintained systems using only
the forms required by the TxDMV.
7.2. Each person who, by virtue of this Contract, is granted access to TxDMV-maintained
systems for permissible purpose(s) to the Data from an eligible business location will be
assigned a unique user ID to be used only by that person (the "User"). User IDs shall not be
shared.
7.3. Any User ID assigned by TxDMV to the Recipient's account that is no longer needed for any
reason including, but not limited to, termination, death, or separation from the Recipient's
operations, the Recipient shall, within 3 business days of the event, request cancellation of
the User ID on the form required by TxDMV. The TxDMV will cancel the User ID upon receipt
of the properly completed form.
8. Termination
8.1. Termination for Convenience. TxDMV or the Recipient may terminate this Contract for
convenience at any time for any reason by giving the other Party 30 days written notice. If
either Party elects to terminate this Contract for convenience, all unfilled obligations shall
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remain in full force. In no event will termination for convenience by TxDMV give rise to any
liability whatsoever on the part of TxDMV.
8.2. Termination for Cause. TxDMV may immediately terminate this Contract for cause for any
violation of the terms of this Contract or for any violation of any federal or state law or
regulation relating to the subject matter ofthis Contract. TxDMV shall provide the Recipient
with written notice to terminate this Contract. Termination shall be effective immediately
upon the Recipient's receipt of the notice. If this Contract is terminated for cause, TxDMV
may refuse to provide the Data to the Recipient in any format. A Recipient whose Contract
has been terminated for cause but who is requesting renewed access to the Data must
comply with the provisions of 43 Texas Administrative Code § 217.130.
8.3. Mutual Termination. This Contract may further be terminated by mutual consent, in
writing, by both Parties. The termination shall be effective upon the date specified in the
written termination agreement.
8.4. User IDs and Refunds on Termination. If this Contract is terminated for any reason, TXDMV
will deactivate the Recipient's account and all user IDs associated with that account upon
the termination date, and will issue a refund for outstanding fee credits, if any, to the
Recipient within 60 days of the termination.
9. Change of Status
9.1. This Contract shall automatically terminate if the Recipient ceases to exist, substantially
changes the nature of its business, or ceases to qualify for the Data under the permissible
purpose(s) certified in Section 1 of this Contract. The Recipient shall notify the designated
TxDMV Representative identified in Subsection 10.5 of this Contract in writing of any
change in its status that may implicate this Section no later than 2 business days after the
change. The Recipient may re-apply for access to or delivery of the Data under its new
status.
9.2. This Contract is made exclusively between the TxDMV and the Recipient. If for any reason,
the Recipient undergoes a change in business name that no longer matches the Recipient's
business name in this Contract, this Contract is automatically terminated.
9.3. If the Recipient's change in business name does not alter the nature of the Recipient's
business, or if the Recipient's qualifications for the Data under the permissible purpose(s)
certified in Section 1 of this Contract do not change, a new Contract may be executed
without re-applying, at the sole discretion of TxDMV.
9.4. The Recipient shall notify the designated TxDMV Representative identified in Subsection
10.5 of this Contract in writing of any changes to the information provided on the approved
application, including, but not limited to, changes in physical or mailing address, business
phone number, or listed account contact. Any notice required under this Subsection, must
be provided within 5 business days of the change.
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William.Rumuly@fortworthtexas.gov
The Recipient may change its designated Representative by providing written notice to
TxDMV at least 10 business days after to the change. TxDMV will issue notification to the
Recipient of any change to its designated Representative within a reasonable time period
of said change or upon receipt of a communication from the Recipient to the above
referenced email box.
10.6. Entire A�reement. This Contract contains all the terms and conditions between TxDMV and
the Recipient relating to the matters set forth herein and no prior or contemporaneous
agreement or understanding pertaining to the same, including, without limitation, any
electronic mail correspondence between the Parties in connection with this Contract, shall
be of any force or effect.
10.7. Excluded Parties. Recipient certifies that it is not listed in the prohibited vendors list
authorized by Executive Order No. 13224, "Blocking Property and Prohibiting Transactions
with Persons Who Commit, Threaten to Commit, or Support Terrorism", published by the
United States Department of the Treasury, Office of Foreign Assets Control.
10.8. Executive Head of a State Agency Affirmation. In accordance with Texas Government Code
§ 669.003, relating to contracting with the executive head of a state agency, Recipient
certifies that it is not (1) the executive head of TxDMV, (2) a person who at any time during
the four years before the date of the contract was the executive head of TxDMV, or (3) a
person who employs a current or former executive head of TxDMV.
10.9. Governin� Law and Venue. This Contract shall be governed by and construed in accordance
with the laws of the State of Texas, without regard to the conflicts of law provisions. The
venue of any suit arising under this Contract is fixed in any court of competent jurisdiction
of Travis County, Texas, unless mandated otherwise by statute.
10.10. Inabilitv to Provide Data. If TxDMV is delayed in or unable to provide the Data as set forth
in this Contract, TxDMV will attempt to notify the Recipient, but shall not be liable to the
Recipient for any delay or not being able to provide the Data.
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Page 10 of 13
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10.12. Legal Notice. Any legal notice required under this Contract shall be deemed delivered
when deposited by a Party in the United States mail, postage paid, certified, return receipt
requested; or with a common carrier, overnight, signature required; or hand delivered, to
the appropriate address below:
TxDMV Recipient
Texas Department of Motor Vehicles City of Fort Worth
Attn: Office of General Counsel Attn:Assistant City Manager
4000 Jackson Avenue 100 Fort WorthTrail
Austin, Texas 78731 Fort Worth, TX 76102
Legal notices given in any other manner not set forth within this Subsection shall be deemed
effective only if and when received by the Party to be notified. Additionally, a copy of any
legal notice must be provided at the same time to the receiving Party's designated
Representative identified in Subsection 10.5 of this Contract when said notice is given.
Either Party may change its address for legal notices by providing written notice to the other
Party at least 30 days prior to the change.
10.13. LIMITATION OF LIABILITY. TO THE EXTENT PERMITTED BY THE CONSTITUTION AND
LAWS OF THE STATE OF TEXAS, THE RECIPIENT SHALL HOLD HARMLE55 TXDMV FROM
ANY LIABILITY THAT MAY ARISE FROM THE RECIPIENT'S ACCESS TO, RECEIPT OF, MISUSE
OF, OR REDISCLOSURE OF THE DATA BY THE RECIPIENT OR BY ITS EMPLOYEES, AGENTS,
OR SUBCONTRACTORS. TXDMV MAKES NO REPRESENTATION OR WARRANTY AS TO USE,
RESULT, OR ACCURACY OF THE DATA THAT IS THE SUBJECT OF THIS CONTRACT. THE
RECIPIENT, NOT TXDMV, IS SOLELY RESPONSIBLE IF A USER FAILS TO PROPERLY
INTERPRET THE DATA. THE RECIPIENT, NOT THE TXDMV, IS SOLELY RESPONSIBLE FOR
SENDING ANY NOTICES TO THE INCORRECT PARTIES.
10.14. No Third-Partv Beneficiaries. This Contract is intended for the benefit of TxDMV and the
Recipient, and is not for the benefit of, nor may any provision hereof be enforced by, any
other person. Any benefit(s) that a third-party may receive as a result of this Contract are
incidental and do not create any rights for such third-party.
10.15. Publicitv. The Recipient shall not use TxDMV's name, logo, or other likeness in any press
release, marketing material, or other announcement, including postings on social media
sites, without TxDMV's prior written approval. TxDMV does not endorse the Recipient, any
vendor, commodity, or service.
10.16. Public Information Act. The Recipient understands that TxDMV will comply with the Texas
Public Information Act (Texas Government Code Chapter 552) as interpreted by judicial
rulings and opinions of the Attorney General of the State of Texas. Information,
documentation, and other material in connection with this Contract may be subject to
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public disclosure pursuant to the Texas Public Information Act. In accordance with Texas
Government Code § 2252.907, the Recipient is required to make any information created
or exchanged with the State of Texas or TxDMV pursuant to this Contract, and not
otherwise excepted from disclosure under the Texas Public Information Act, available in a
format that is accessible by the public at no additional charge to the State of Texas or
�i7����1TI
10.17. Recitals. The recitals set forth at the beginning of this Contract are incorporated into and
made part of this Contract, and the Parties represent the recitals are true, accurate, and
correct.
10.18. Severabilitv. This Contract shall be construed in a manner consistent with all applicable
existing and future laws and regulations. If any part of this Contract is determined to be
invalid or contrary to existing and future laws and regulations, the remainder of the
Contract will remain in full force and effect. The illegal or invalid provision will be deemed
severable and stricken from this Contract as if it had never been incorporated herein. Upon
occurrence of such an event, the Parties shall meet and confer as soon as practical to
renegotiate the conflicting provisions
10.19. Soverei�n Immunitv. The Parties expressly agree that no provisions of this Contract are in
any way intended to constitute a waiver by the State of Texas or TxDMV of any immunities
from suit or from liability that the State of Texas or the TxDMV may have by operation of
law. Additionally, ifthe Recipient is a"governmental unit" as defined byTexas Civil Practice
and Remedies Code § 101.001(3), then nothing in this Contract should be construed to
abrogate any rights or affirmative defense available to the Recipient under the doctrines of
sovereign and official immunity.
10.20. Survival. Expiration or termination of this Contract for any reason does not release the
Recipient from any liability or obligation set forth in this Contract that is expressly stated to
survive any such expiration or termination, that by its nature would be intended to be
applicable following any such expiration or termination, or that is necessary to fulfill the
essential purpose of this Contract, including without limitation the provisions regarding
indemnification, limitation of liability, data security, confidentiality, and breaches, and
rights and remedies upon termination.
10.21. Recipient's Option to Audit. The Recipient acknowledges: (i) the Data provided under
this Contract is not related to any procurement of goods, products, or services; (ii) no
funds will be exchanged by the Parties; and (iii) the Data will be provided by TxDMV, the
owner of the Data, pursuant to Recipient's request, at TxDMV's sole discretion, and in
compliance with applicable United States and Texas laws and regulations. However, in
order, to accommodate Section 2-37(d) of the Recipient's city ordinances requiring a
"right to audit" clause in city contracts, TxDMV agrees to allow the Recipient the option to
conduct one (1) audit during each five (5) year automatic renewal term of this Contract,
provided the Recipient submits a written request to the TxDMV Contract Representative
at least one (1) month prior to the intended audit, and the audit is conducted at a date
and time agreed to by both Parties.
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03/07/2025
City of Fort Worstanature Page
By: William Name: William Johnson Title: Assistant City Manager
Approval Recommended:
By: William Rumuly (Ma , 2515:25 CST) Name: William F. Rumuly Title: Municipal Court Director
Attest:
By: r:= A � Name: Jannette Goodall Title: City Secretary
Contract Authorization:
M&C: N/A
Date M&C Approved: N/ A
Form 1295: N/A
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.
By: Albert�e (Mar 3, 202514:44 CST) Name: Albert Semerville Title: Sr. Business Process Analyst
Approved as to Form and Legality:
A�P� By: ___________ _ Name: Andrea Phillips Title: Assistant City Attorney
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