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HomeMy WebLinkAboutContract 45173 k CITY SEC C CqimcT ONTRACT STATE OF TEXAS § COUNTY of TRAVIS II T"ERL 0CA►L AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES. The Texas Department of Motor Vehicles (TxDMV) City of Fort Worth (Local Government) II I URPOSE Scofflaw Services contract for marking Texas L otor Vehicle, Registration Records. III. STATEMENT of SERVICES To BE PERFORMED: TxD V will undertake and cam out services described in Attachment A, Scope of Services. IV. CONTRACT CT PAYMENT.- Contract payment shall conform to the provisions of Attachment B, Budget. V'�. TERM F CONTRACT. This contract h ins when�en u�y executed by both parties and terminates fire years from the date is contract is executed a ,state, or when otherwise terminated as provided in Attachment C. Article 5 of this Agreement. VI. LEGAL AUTHORITY: ITY THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority olf the ContractiI ng Parties.. TxDMV further certifies that it has the authority to perform the services by authority granted in Section 702.003 and in Section 7017.017 of the Texas Transportation Code. The goveming body, by resolution or ordinance, dated 1 2 2 3 , has authorized the local Government to obtain the services described in Attachment A., This, contract incorporates the provisions of Attachment A, Scope of Services,, Attachment B, Budget, Attachment C, General Terms and Conditions, Attachment D, resolution or Ordinance, Attachment E, Contact Information, and Attachment F, Account Information. City of Fort Worth (Marne of Local Government By Date , AUTHORIZED SIGNATURE JF %J 0 , 0 a TYPED OR PRINTED NAME AND TITLE by* 000000 U` OF Title FOR THE STATE of TEXAS n L Executed for the Executive Director and approved h the Tea e 6 4§"%k;3V1ftr the purpose and effect of activating and/or carrying out the order, established policies or word programs heretofore approve �nd at �d Zbyt septmet of Motor Vehicles Board.t_j Date Randy on Direct ehicle Titles and Registration Division Texas Department of'Motor vehicle ��APPROVED AS FC)RM PJ,ID C� a Page of LR Revised'08/15/2011 60R AT RE. ,,�CITTISS Ty H r"o, I%W RT"i TX RECEIVED y ATTACHMENTA Scope of Services TxDM'V will.- 1. On initial probes (inquiries) of data submissions received from the local government, generate an output file containing matching license plates. If no vehicle record is found, such factual information will' be indicated on the output file together with the input data. Input and output files, will be returned to the Local Government after completion of the computer run'. Place "flags" on vehicle records based on d' to submissions received from Local Government containing "flag" request codes. 2. Remove "flags" from vehicle records based on data submissions received from Local Government containing "clear"' request codes. Local Government shall: 1. Provide data submissions to TxDMV in accordance with TxDIVIV'specifications for computer run of initial probes (inquiry), flags (marl ing) of vehicle records and clears (removal) of flags. Due to changing technology, these specifications will be distributed by TxDMV to the local governments on September ls" of every year. 2. Submit an appilic,ation to establish, the method of payment (see Attachment F), and establish an account, prior,to submitting inquiries. C,i,ty Scofflaw Page 2 of 7 Revised 08/15/20111 IX I ATTACHMENT B Budget Fees, for file: submission and transactions shall be submitted to TxDMV in accordance with 43 TAC Chapter 2017. Payments, shall be s,ubirnitted to the following address.- Texas Department of Motor Vehicles Administrative Services Division PO Box 5020 Austin, TX 78763-5020 A. If the Local Government chooses to establish a "Pa�y On Demand" account, the applicable payment I "flags" from of fees must be made each time a request, to probe (search/inquiry), place or remove motor vehicle records is submitted to Tx V. An account will be opened to hold the $500.00 (or greater) initial deposit. B. As an alternative, if the Local Government chooses to establish a, non-Interest bearing escrow "Prepaid Account" with Tx,D:MV, upon agreement between the Local Government, TAD V and payment of applicable fees, as described below, TxDIVIV will establish an account ins the name of the Local Government. Charges shall be deducted from the escrow account until the balance of that account reaches the minimum required balance for the Local Government, as determined by TxDMV and provided herein. A deposit of at least $500.00 shall be mainta*1ned 'in a non4nterest bearing escrow account. This inilltialdeposit, is to cover estimated service use. The escrow account shall be established with Tx AVIV prior to submission, of probes (inquiries),, or placing or removing "flags:" from motor vehicle records for the Local Government. Payment of the deposit shall be made by check or warrant, payable to the "!Texas Department of Motor Vehicles" and is due upon execution of this contract. The $500�.00 m u w inimm balance, to be maintained in the escro account, may increase depending on established monthly usage by the Local Government. This additional funding is payable wilthin fifteen (15) days from receipt of nioti fi cation from TxDMV. An escrow account, balance statement will be provided by TxDMV each time a probe or a request to place or remove "flags" from motor vehicle records is submitted1. If the balance in the non-interest bearing escrow account faills below the $500.00 minimum balance, TxDMV may suspend processing probes, or placing or removing "fa s" from motor vehicle records, for the Local: Government until such time as a deposit is made by the Local Govemment, in an aniou�nt sufficient to increase the balance in the escrow account to the $151010-00 minimum balance. City Scofflaw Page 3 of 7 Revised 08/15/2011 I'P ATTACHMENT C General Terms and Conditions Article 1. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 2. Conflicts Between Agreements If the terms of this contract conflict with the terms of any other contract between the parties, the most recent contract shell prevail. Article I Disputes Any contractual or administrative disputes regarding the contract will be resolved pursuant to Texas, Government Code Chapter 2001. Article 4. Ownership of'Equipment Except to the extent that a specific provision of this contract states to the contrary, all equipment I purchased by TxDIVIV under this contract will be owned by TxDIVIV. Article 5. Termination rhis contract may be terminated by mutual written agreement, or 30, days after either party gives notice to the other party, whichever occurs first. Upon termination of this contract any remaining funds in either a "Pay on Demand"' account or a "Prepaid Account" as described in Attachment, B shall be refunded to, the Local Government following settlement of any outstanding processing fees. Article 6. Gratulties Any person who is doing business with or who reasonably speaking may do business with TxDMV under this contract, may not make any offer of benefits, gifts, or favor's to emplioyees of TxDM,V. I Article 7. Responsibilities of the Pa,rt,ies Each party acknowledges that it is not an agent, servant, or empiloyee of the other party., Each party is responsible for its own, acts and deeds and for those of its agents, servants, or employees. Article 8. Compliance with Laws "he parties, shall, comply with all federal, state, and local laws, statutes, ordinances, rules, and regulations and with the orders, and decrees of any courts or administrative bodies or tribunals in any manner affecting the performance of this agreement. Article 91. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. City Scofflaw Page 4 of 7 Revised 08/15/2011 ATTACHMENT D Resolution or Ordli*nance On the 22 day of October 120-13 the Fort Worth City/Town Co ed iuncil, pass Resolution No. 4 2 5 6-10-2 3 hereinafter identified by reference, authorizing the City's participation, in the Program., City Scoffliaw Page 5 of 7 Revised 08/15/20,11 ~ A Resolution NO. 4256w10-2013 AUTHORIZING THE EXECUTION OF AN INTERLOC'AL AGREEMENT WITH THE TEXAS DEPARTMENT 01F MOTOR VEHICLES TO FLAG REGISTRATIONS OF VEHICLES WHOSE OWNERS ARE ALLEGED TO BE DELINQUENT IN THE PAYMENT OF CIVIL PENALTIES IMPOSED BY THE CITY'S AUTOMATED REDLIGHT ENFORCEMENT PROGRAM WHEREASf Texas, Tra,nspoilat lion Code §707.017 provides tha,t if the owner, of a motor vehicle is delinquent in the payment of a civil penalty imposed by a photographic traffic signial enforcement system, the County Tax Assessior-Collector or the Texas Department of Motor Vehicles may refuse to, register a motor vehicle alleged to have been *Involved, in, the,violation: and WHEREAS, Pursuant to TexasTransportation Code §7017.0012., the,Clity Council adopted Ordinance No. 17677 establishing the Automated Red Light Enforcement Program for the City of Fort Worth: and WHEREAS,, the City of Fort Worth dlesires to enter into an Interlocal Agreement with the Texas Department of Motor Vehicles (T'xDMV) under which TxDMV will nag registration renewals of a motor vehicle whose: owner, as indicated by information submitted to, it by the City", is alleged to be definquent i,n the payment of a civil penalty for said vehicle's violation of'the City's Automated Red Light Enforcement NOW, THEREFORE, BE IT RESOLVED BY THE, CITY COUNCIL OF THE, CITY OF FORTWORTH, TEXAS: 'The City Manager is authorized to execute an Interlocal Agreement with the Texas Department of Motor Vehicles to flag registration renewals of a motor vehicle whose owner), as indicated by information submitted to it by the City, is alleged to be delinquent in the payment of a civil penatty for said vehicle,'s vio,latioln of't,he City"s Automated, Red Light Enforcement Program. Adopted this 22 nd', day of October, 2013. *�04*4 0 0 By: 00 Mary Kaysef, City Secretary �4 AS,-. RT ATTACHMENT E Contact Information Technical assistance regarding probes, placing and re�m�o�vi�ng of "flags" from motor vehicle records or information regarding payments for your account may be obtained by contacting the Administrative Services Division, Technology Support Branch, at (512) 465-7590 or (5 12) 46 -7950 (Monday through Friday 8.-00 AM - 51000 PM). City Scofflaw Page 6 of 7 Revised, 08/15/2011, AITTACHMENT F I ACCOUNT INFORMATION Coilfts,0,ftmbe ADMINISTRATIVE SERVICES DIVISION 4000 JACKSON, AVENUE, AUSITIN�, TEXAS 78731-6007 I­K PLEASE PRINT OR TYPE Fos 00*00eft Uw&0A1Y!/1`1111'1$ i ype of Account Requested.1 X "Prepaid" Account "Pay On, Request" Account DATE: ATTN: (Name and Telephone Number of Person Responsible Fcw Account) Karen Edw�ards-Fisher 817-392-�8056 CF'W Red Light Camera Program ACCOUNT NAME-. BILLING ADDRESS,.-' Transportation and Public Works Department City of Fort Worth, 1000 Throckmorton St . Fort Wor�th, T�X 761012 ATTENTION.: (Name and Mailing Address of the Person Responsible Acwj Sending and Receiving Files.) Karen Edwards-Flisher MAILIN�G ADDRESS: same as billing E-MAIL ADDRESS'. (For Confact Purposes By E-mail) karen.edwar�ds-fl' s,her@,fortworthtexas�.gov BUSINESS TELEPHONE NUMBER-.; BUSINESSI FAX NUMBER,,, 817-392-8056 817-392-63,45 p,�t g",W )"g I tl 0, n, ?4 wa gjn/ �x hk*C, &71 I'll, I R'll, '"I gq, �cvfl g rx ,.pmmoy A L2 il City Scofflaw Page 7 of 7 Revised 08/115/20111