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HomeMy WebLinkAboutC2010-482 - 10/19/2010 - Approved~, 5TATE OF TEXAS § COUNTY OF TRAVIS § INTERLOCAL AGREEMENT THIS CONTRACT is entered into by the Contracting Parties under Government Code, Chapter 791. I. CONTRACTING PARTIES: The Texas Department of Mo#or Vehicles (TxDMV} ~ +"~I a~~ ~i~ ~~ ~;_) r ~,~ ! s~'+~ (Local Government) II. PURPOSE; ScofFlaw Services contract for marking Texas Motor Vehicle Registration Records. III. STATEMENT OF SERVICES TO BE PERFORMED: TxDMV will undertake and carry out services described in Attachment A, Scope of Services. IV. CONTRACT PAYMENT: Contract payment shall conform to the provisions of Attachment B, Budget. V. TERM OF CONTRACT: This contract begins when fully executed by both parties and terminates five years from the date this contract is executed by the state, or when otherwise terminated as provided in Attachment C, Article 5 of this Agreement. VI. LEGAL AUTHORITY; THE PARTIES certify that the services provided under this contract are services that are properly within the legal authority of the Contracting Parties. TxDMV further certifies that it has the authority to perform the services by authori#y granted in Section 702.003 and in Section 707.017 of the Texas Transportation Code. The governing body, by resolution or ordinance, dated ~~;fi ~ ~~, ~~ (0 ,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, Attachment F, Account Informa#ion and Attachmen# G, City Scofflaw Input File Requirements. r ~l~ O F ~~,~~', ~ ~'r { ~-~-y (Name of Loca! Government} ~.. - BY ~ ,~/ Date f 2 ~ 0 A RI ED SIGNATUR~ ~ ~ ~3I1 ~ TYPED OR~PnRINTED NAME AND TITLE ~~-~~~ _~,~•~-~-~=~ ~` ~ ~ AUTHt}RI~ Title ~t~1f'(~~Pi~.if-` ,,..,--- LlsatAgular ~3 C~t11~CIL.w.~~~~ FOR THE STATE OF TEXAS Assista~C~rA'tte~ ' A4~l3i~ey -~,w.eprrwde..a~.y/Z' [.- e Executed for the Executive Director and approved by the Texas Department of Motor Vehicles Board far t4~C~~'!"~ y purpose and effect of activating andlor carrying out the orders, established policies or work programs heretofore ~~ approvefl~and autharizesl ~Y the Te~cas Department of Motor Vehicles Board. By Dire~t'or, Vehicle Titles and Registration Division Texas Department of Motor Vehicles 2010-4$2 Page 1 of 8 Res. 028$14 10/19/10 TxDMV Date l2 ~3~oI v Revised 11/19/10 ~~~~~ ATTACHMENT A TxDMV will: Scope of Services On initial probes (Inquiries) of data submissions received from the local government, generate an output file containing matching Ilcense 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, 2. Place `flags" on vehicle records based on data submissions received from Local Governmen# containing "flag" request codes. A flagged record will cause: A. A "scofflaw" remark to be displayed on inquiry devices and point-of-sale workstations as part of the vehicle record when an inquiry is made on a "flagged" record. B. The printing of registration renewal notices with a "scofflaw" remark ("City Scofflaw: (City Name)") so the Local Government may deny registration. An explanation on the back of the registration renewal notice form directs the registrant to the county tax office, or the municipal court in the indicated city. 3. 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 via CD-ROMs ore-mail attachments in accordance with TxDMV specifications (see Attachment G) for computer run of initial probes (inquiry}, flags (marking} of vehicle records and clears (removal) of flags. 2. Label CD-ROMs externally with the type of run to be made ("probe", "flag" andlor "clear") and the number of logical records. Nate: Files containing probes must be exclusively probes. Files containing flags or clears can be exclusively flags or clears, ar a combination of flags and clears. 3. Submit an application to establish the method of payment (see Attachment F), and establish account prior to submitting inquiries. 4. Comply to and in accordance with Texas Transportation Code Title 7, Subtitle A, Chapter 520, Section 520.023, in which the Local Government shall honor the vehicle transfer notice. If a date exists in the "vehsolddate" (Vehicle Sold Date) field, a transfer notice has been submitted, therefore the registered owner on this record is no longer subject to civil and criminal liability on and after the vehicle sold date. City Scofflaw Page 2 of 8 Revised 11/19/10 ATTACHMENT B Budget Fees for file submission and transactions shall be submitted to TxDMV in accordance with 43 TAC Chapter 207. Payments shall be submitted to the following address: Texas Department of Motor Vehicles Administrative Services Division PO Box 5020 Austin, TX 7$763-5020 A. If the Local Government chooses to submit their ihput fle via CD-ROM, the attached "Account Information" form must be completed, indicating that the Local Government wishes to establish a "Pay Upon Request" Account. The applicable payment shall be made each time a request to probe (searchlinquiry), place or remove "flags" from motor vehicle records is submitted to TxDMV. B. As an alternative, if the Local Government chooses to send their input file as an a-mail attachment, the "Account Information" form must be completed, indicating that the Local Government wishes to establish a non-interest bearing escrow account ("Prepaid Account"} with TxDMV. Upan agreemen# between the Local Government, TxDMV and payment of applicable fees, as described below, TxDMV will establish an account in 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 $50p.00 shall be maintained in anon-interest bearing escrow account. This initial deposit is to cover estimated service use. The escrow account shall be established with TxDMV 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 minimum balance to be maintained in the escrow account may increase depending on established monthly usage by the Local Government. This additional funding is payable within fifteen (15) days from receipt of notification from TxDMV. A statement will be provided by TxDMV each time a probe or a request to place or remove "flags" from motor vehicle records is submitted. If the balance in the non-interest bearing escrow account falls below the $500.00 minimum balance, TxDMV may suspend processing probes, or placing or removing "flags" from motor vehicle records for the Local Government until such time as a deposit is made by the Local Government, in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum balance. City Scofflaw Page 3 of 8 Revised 11/19/10 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 shall prevail. Article 3. Disputes TxDMV will be responsible for the settlement of all contractual and administrative issues. Article 4. Ownership of Equipment Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by TxDMV under this contract will be owned by TxDMV. Article 5. Termination This contract may be terminated by mutual written agreement, or 30 days after either party gives notice to the other party, whichever occurs first. Article fi. Gratuities 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 favors to employees of TxDMV. Article 7. Responsibilities of the Parties Each party acknowledges that it is not an agent, servant, or employee 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 The 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 9. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. City 5coffiaw Page 4 of 8 Revised 1111911D ATTACHMENT D Resolution or Ordinance On the - - i~ ~ -`day of ~1(:'~~ ~ , 20 ! ~ ,the ~ ~1 ~~ ~1~~-~-~` city Council passed Resolution No. n'~ k ~ 1 ~ ,herein fter identified by reference, authorizing the City's participation in the Program. City Scofflaw Page 5 of 8 Revised 11/19/10 ATTACHMENT E Contact Information Technical assistance regarding probes, placing and removing 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 {512) 465-7950 (Monday through Friday 8:00 AM - 5:00 PM}. City ScofFlaw Page 6 of S Revised 11/19/10 ATTACHMENT F ACCOUNT INFORMATION ADMINISTRATIVE SERVICES DIVISION Coritraat Number 4000 JACKSON AVENUE, AUSTIN, TEXAS 7873'!-fi007 PLEASE PRINT OR TYPE Foj D~partme~iC Use only Type of Accounk Requested: " =y " " " Account Pay On Request Prepaid Account DATE: ATTN: (Name and Telephone Number of Person Responsible For Account) ACCOUNT NAME: ~~: C.F Grm. ~5 C~~4'~5~~-; ~,SC~-Z,l.,.~ BILLING ADDRESS: o a k~~,?v'i~ ~~ f ~ 1 , 3 - ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Files.} MAILING ADDRESS: AA ~ ~d 1 ~.-P~~rO~ (~~ u 5 +r i 5 -1-~ ~ ~ r~ ~'~ I E-MAIL AD RESS: (For Output FileRefumsByE-mail) BUSINESS TELEPHONE NUMBER: USINESS FAX NUMBER: 3C~1) ~ ~(~ - 3~~~ 3~~) S~~-~. ~~,~ ~ Far D~~part-rre-rt Usc~ Dr~lti~ Escrow Amount Date Agreement Signed Account TerminatetllCanceled Noft-Payrt~ettt User Request Accourit Number City Scofflaw Page 7 of 8 Revised 11/19/10 1 ~~Y O ATTACHMENT G CITY SCOFFLAW INPUT FILE REQUIREMENTS 1. There are three (3} processes available within the RTS CITY SCOFFLAW processing program. The available processes are as follows: A. `P' -PROBE {inquiry) B. `F' -FLAG {set CITY SCOFFLAW data} C. `C' -CLEAR {lift CITY SCOFFLAW data} 2. The following input file format is required to process any of the three (3) options available with the RTS CITY SCOFFLAW process: INPUT: REG-YR 4 bytes Position 1-~4 1*License Registration Year PLTNO 7 bytes Position 5-11 1*License Plate Number DOCNO 17 bytes Position 12-28 1*Document Number FILLER 51 bytes Position 29-79 1*City Optional Data (Data is returned on output file) CODE 1 byte Position 80 1*P=Probe (inquiry) 1*F=Flag (se# SCOFFLAW} 1*C=Clear (lift SCOFFLAW) TOTAL 80 bytes NOTE: A 'P'robe request requires REG-YR (Registration Year), PLTNO (License Plate Number) and CODE. All other information is optional. Both `F'lag or `C'lear requests require DOCNO (Document Number) and CODE. Alf other information is optional. City Scofflaw Page 8 ofi 8 Revised 11/19/10