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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. Page 2 of 13 � 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. " " , , , , , Page 3 of 13 3.2 Not applicable to this contract (Texas Transportation Code § 730.014 (d)) -- •- - -- -- - -- - - - -- - - ■ - -- - -- -- - - - -- -- - - - -- - - ---- - -- -- - - - - - - - -- . . . , 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 Page4of13 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 Page5of13 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 Page 6 of 13 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 Page 7 of 13 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. Page 8 of 13 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. riTi�iti�I �{1�i�IMTi7.� JTiT�i ri7� JiI�{�L i{�L t 7�•7 ��i1 � 1{ 71�i Jii��TiT�Ii JL 1i1 JTi1��.ttl7�.t���L��T � � � � ■ ■ ■ � i � ■ � ■ • � � � � � � , ■ ■ � � � � ■ � • � � i . � � � � • � ■ � • ■ • � � � � � ■ � r � � � � ■ � � . ■ � • � ■ � ■ � � � � • 1 � ■ � � � • • � 1 1 1 Y � • � 1 I � � � � 1 I � � � � � � � • � I � � � � \ � ■ � � Y ■ � � � ■ 1 ■ � � � � � ■ � 1 I ■ ■ ■ � \ � � � � � • � 1 � � � � � � � • \ \ 1 I � 11 � � � � � 11 • 1 � � ■ \ � \ � � � ■ � � Page 10 of 13 � ■ 1 I � � • � ■ 1 • 1 I 1 � � • ■ 1 I � • � � � � • . • � � � � r � • � � � � � � ���.... i..��.�. ..�...�-�.. i.�...` ��.� ...�...�..�-��.�.�..��.�.rilis.... rul�_ri Fir.�1ir71��I��iT 71ii{���I7til�I�{� r.'�`. w...-....��-.. 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 Page 11 of 13 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. Page 12 of 13 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 Page 14 of 14