Loading...
06-04-10-Resolution-Interlocal Agreement with TxDOT for Scofflaw Services-06/21/2010RESOLUTION #R 06-04-10 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS: WHEREAS, Section 702.003 of the Texas Transportation Code provides that a county tax assessor -collector or the Texas Department of Transportation (TxDOT) may refuse to register a motor vehicle if the department receives under a city scofflaw contract information from a municipality that the owner of the vehicle has an outstanding warrant or failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic law, and; WHEREAS, the City Council approves of an Interlocal Governmental Agreement described as the "Scofflaw Services Contract for Marring Texas Motor Vehicle Records," relating to the collection of outstanding monies for unpaid moving violations, and; WHEREAS, this Resolution shall be and become effective immediately upon and after its adoption and approval, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF BANGER, TEXAS: That the City Council herby authorizes the Governmental Agreement between the City City Manager to enter into an Interlocal of Sanger Transportation/Department of Motor Vehicles, more "Scofflaw Services Contract for Marking Texas Motor relating to the collection of outstanding monies owed moving traffic violations. and the Texas Department of specifically described as the Vehicle Registration Records," the City of Sanger for unpaid PASSED AND APPROVED by the City Council of the City of Sanger, Texas on this the 21 st day of June 2010. APPROVED: Thomas Inuir, Mayor ATTEST: 11Taberity Iry I STATE OF TEXAS § COUNTY OF DENTON § INTERLOCAL AGREEMENT This Agreement made and entered into by and between the County of Denton, hereinafter referred to as "County", with the agreement, consent, and participation of the Denton County Tax Assessor -Collector, hereinafter referred to as the "County or County Tax Assessor -Collector", and the City of Sanger, a Texas home -rule municipal corporation hereinafter referred to as "City", under the authority and in accordance with the Interlocal Cooperation Act, as set out in Chapter 791, Texas Government Code, and as authorized by Texas Transportation Code, Chapter 702. WITNESSETH: WHEREAS, Texas Government Code, Chapter 791, authorizes local governments of the state to enter into contracts for governmental functions and services to increase their efficiency and effectiveness; and WHEREAS, the County and the City are local governments as defined in Texas Government Code, Section 791.003(4), have the authority to enter into this agreement, and have each entered into this agreement by the action of its governing body in the appropriate manner prescribed by law; and WHEREAS, Transportation Code §702.003 allows a county tax assessor - collector, upon receipt of information from a municipality by and through the Texas Department of Motor Vehicles (hereinafter "Department") motor vehicle registration system, to assist a municipality in the enforcement of outstanding warrants of arrest for the failure to appear or failure to pay a fine on a complaint that involves the violation of a traffic offense by refusing to register or re -register a motor vehicle; and WHEREAS, Transportation Code §702.003 further allows a municipality to contract to provide the necessary information to the Department for the above determination by the county tax assessor -collector to deny motor vehicle registration or re -registration to certain persons; and WHEREAS, Transportation Code § 707.017 allows a county assessor -collector to refuse to register a motor vehicle alleged to have been involved in a violation of Chapter 707 of the Transportation Code where the owner of the motor vehicle is delinquent in the payment of a civil penalty imposed under Chapter 707; and WHEREAS, such a consolidated effort in the effectuation of Texas Transportation Code Chapters 702 and 707, is in each party's best interest and that of the public and that this agreement will increase the effective and efficient functioning of each party; and WHEREAS, both the City and County represent to one another that each respective party has the authority to enter into this agreement and perform the obligations and duties stated herein; and WHEREAS, the County and the City specify that each party paying for the performance of said functions of government shall make those payments from current funds available to the paying party. NOW THEREFORE, this contract is made and entered into by County and City in consideration of the aforementioned recitals and for the mutual consideration stated herein ("the Agreement"): 1. PURPOSE OF AGREEMENT. The purpose of the Agreement is to state the terms and conditions under which the County Tax Assessor -Collector will refuse to register or re -register certain motor vehicles when the County Tax Assessor -Collector receives information from the Texas Department of Motor Vehicles motor vehicle registration system that the owner of the vehicle has an outstanding warrant from the City for failure to appear or failure to pay a fine on a complaint that involves a violation of a traffic law, as defined by section 702.001 of the Transportation Code, as authorized and specifically set out under section 702.003 of the Texas Transportation Code, and/or the registered vehicle owner owes the City money for a civil penalty imposed under Chapter 707 of the Texas Transportation Code that is past due, as authorized and specifically set out under section 707.017 of the Texas Transportation Code. 2. DUTIES OF THE CITY. 2.1 City shall enter into the attached Interlocal Agreement with the Department to transmit all necessary vehicle information received from the City to the Department which will enable the Department to flag eligible vehicle records in the Department motor vehicle registration system so that the County may withhold registration pursuant to the Agreement. 2.2 The City shall notify the Department within fifteen (15) days when a traffic law matter is cleared regarding a person: 2.2.1 Against whom a judgment has been entered and who has paid the municipal court the full amount of the fine or civil penalty and all court costs; or 2.2.2 Who has perfected an appeal of the case for which the arrest warrant was issued; or 2.2.3 Whose charge for which the arrest warrant was issued has been dismissed; or 2.2.4 Whose charge for which the arrest warrant was issued has been cleared through judicial action or clerical correction. 3.1.4 Provide flagged owners with access to a computer terminal at the Tax Office that is linked to the City's online payment system. 3.1.5 Provide owners who pay online via the Tax Office terminal with printouts of any clearance receipts generated by the City's online payment system. 3.2 The County Tax Assessor -Collector shall at any time have the sole authority and prerogative to register or re -register a motor vehicle 4. TERM AND TERMINATION. This Interlocal Agreement shall be effective upon its date of execution by the last party to execute the Agreement and shall terminate on one year from that date. The agreement shall automatically renew for successive one-year terms. This agreement may be terminated at any time by either party upon sixty (60) days written notice to the other parties. 5. CONSIDERATION The cost of terminals provided by County shall be divided between the participating cities based on population as provided in Exhibit B. The County Tax Assessor-Collector's duties under this Agreement are contingent upon the prior receipt of )400.00 from the City of Sanger. City shall make payment under this Agreement to: James Wells Denton County Auditor 401 W. Hickory Denton, Texas 76201-9026 6. NOTICE. Official notice shall be by written notice and delivery to all of the parties to this Agreement. Delivery shall be by fax or deposit in the United States Postal Service, first class, return receipt requested to: TO THE COUNTY TAX ASSESSOR -COLLECTOR: Steve Mossman Denton County Tax Assessor/Collector 1505 E. McKinney St. Denton, Texas 76209-4525 TO THE CITY: 7. INDEMNIFICATION. Tami Taber, City Secretary The City of Sanger P.O. Box 1729 Sanger, Texas 76266 County and City agree that both County and City shall each be responsible for their own negligent acts or omissions or other tortious conduct in the course of performance of this Agreement, without waiving any sovereign or governmental immunity available to either County or City under Texas law and without waiving any available defenses under Texas law. Nothing in this paragraph shall be construed to create or grant any rights, contractual or otherwise, in or to any third persons or entities. E:� ��Yi1�If�f1�117 ►Cl� Notwithstanding anything to the contrary herein, this Agreement is expressly contingent upon the availability of County funding for each item and obligation contained herein. City shall have no right of action against the County as regards this Agreement, specifically including any funding by County of this Agreement in the event that the County is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the County, at its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. Notwithstanding anything to the contrary herein, #his Agreement is expressly cNJntingent upon the availability of City funding for each item and obligation contained herein. County shall have no right of action against the City as regards this Agreement, specifically including any funding by City of this Agreement in the event that the City is unable to fulfill its obligations under this Agreement as a result of the lack of sufficient funding for any item or obligation from any source utilized to fund this Agreement or failure of any funding party to budget or authorize funding for this Agreement during the current or future fiscal years. In the event of insufficient funding, or if funds become unavailable in whole or part, the City, as its sole discretion, may provide funds from a separate source or terminate this Agreement. In the event that payments or expenditures are made, they shall be made from current funds as required by Chapter 791, Texas Government Code. 9. VENUE. Venue to enforce this Agreement shall he exclusively in Denton County, Texas. 10. NONDISCRIMINATION. Parties to this Agreement shall not discriminate on a of race, color, national origin, sex, religion, age, disability, sexual orientation. 11. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties hereto and may not be modified except by an instrument in writing executed by the parties hereto as herein provided. 12. SEVERABILITY. If any provision. of this Agreement shall be held invalid, void or unenforceable, the remaining provisions hereof shall not be affected or impaired, and such remaining provisions shall remain in full force and effect. 13. DEFAULTIWAIVER/MITIGATION. It is not a waiver of default if the non -defaulting party fails to declare immediately a default or delays in taking any action. Pursuit of any remedies set forth in this Agreement does not preclude pursuit of other remedies in this Agreement or provided by law. 14. FEDERAL OR STATE OF TEXAS FUNDING. In the event that any work or part thereof is funded by State of Texas or U. S. Government funding and any statute, rule, regulation, grant, contract provision or other State of Texas or U. S. Government law, rule, regulation or other provision imposes additional or greater requirement(s) than stated herein, City agrees to timely comply therewith without additional cost or expense to County. 15. HEADINGS. The titles which are used following the number of each paragraph are only for convenience in locating various provisions of this AGREEMENT and shall not be deemed to affect the interpretation or construction of such provision. 16. NUMBER AND GENDER. Words of any gender used in this Agreement shall be held and construed to include any other gender; and words in the singular shall include the plural and vice versa, unless the text clearly requires otherwise. 1 / 0 COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument. 18. REMEDIES. This Agreement shall not be considered as specifying the exclusive remedy for any agreement default, but all remedies existing at law and in equity may be availed of by either party to this Agreement and shall be cumulative. 19. APPROVAL This agreement is expressly subject to and contingent upon formal approval by the Denton Commissioners Court and by resolution of the respective City Council. IN WITNESS WHEREOF this Agreement has been executed on behalf of the County of Denton and the City of Sanger in the manner provided by law. THE CITY OF DENTON By Mayor, Thomas Mu• � 0$ Nor Date: ATTEST Am •j� p,s City Secretary APPROVED AS TO FORM: Assistant City Attorney (�ir'i i�Y�l `L17 3 RECOMMEND Steve Mossman, Tax AS TO FORM: Assistant District Attorney i Front the Desk W %top Ir i M s hicle Titles & Registration Division C chnology Support Branch .offlaw Services July 26, 2010 Christy Punches City of Sanger P. O. Box 578 Sanger, TX 76266 Good Day, Ms. Punches: Enclosed you will find an approved/signed copy of the new contract between the City ®f Sanger and the Texas Department of Transportation, which will expire on July 19, 2015, or when otherwise terminated, as provided for in Attachment C, Article 5 of the agreement. We look forward to serving your Scofflaw needs in the near future. 1n/Plcnme to our Scoffla��r famil��! Rcn�rrlc vtr scofflaw�dmv.state.tx.us Enclosures: 2 THE STf. T E OF TEXAS § THE 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 Transportafion (TxDOT) City of Sanger (Local Government) II. PURPOSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records. [Il. STATEMEI`�T OF SERVICES TO BE PERFORMED: TxDOT will undertake and carry out services described in Attachment A, Scope of Services. ! CONTRACT PAYIIrIENT: Contract payment shall conform to the provisions of Attachment B, Budget. Vq T� F N RACT: This contract begins when fully executed by both parties and terminates on r when otherwise terminated as provided in Attachment C, Article 5 of this Agreement. Via 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. TxDOT further certifies that it has the authority to perform the services by authority granted in Section 702.003 and in Section 707.017 of the Texas Transportation Code. The governing body, by resolution or ordinance, dated dune 21, 2010 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 Information and Attachment G, City Scofflaw Input File Requirements. City of Sanger AUTHORIZED S Mike Brice TYPED OR PRINTED NAME AND TITLE Title City Manager (Name of Local Government) Date � 0A7 FOR THE STATE OF TEXAS Executed for the Executive Director and approved for, the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, established policies or work programs heretofore appred and author'*d by the Texas Transportation Commission. MIN City Scofflaw Page 1 of 8 Revised 9/Q5/08 i� Y 1 - �; SCOpe Of SOrvICeS TxDOT 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, 2. Place `flags" on vehicle records based on data submissions received from Local Government containing "flag" request codes. A flagged record will cause: A. A "scofflaw" rernark�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. Th.e printing of registration renewal notices with a "scofflaw" remark ("City Scofflaw: ��naer (City Name)") so the Local Government may deny registration. 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 Govcrnn�cnt si-�ali: 1. Provide data submissions to TxDOT via CD-ROMs or e-mail attachments in accordance with TxDOT 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" and/or "clear") and the nu.rnber of logical records. Note: Files containing probes must be exclusively probes. Files containing flags or clears can be exclusively flags or clears, or 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. ��: City Scofflaw Page 2 of 8 Revised 9/05/08 Dudget The Local Government shall pay to TxDOT the amount of $23.00 per computer run (file submission) plus $.12 (twelve cents) for each transaction ("probe", "flag or "clear") submitted to TxDOT. Payments shall be made to the following address: Texas Department of Transportation Vehicle Titles and Registration Division PO Box 5020 Austin, TX 78763-5020 A. If the Local Government chooses to submit their input file via CD-ROM, the attached "P,ccount 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 (search/inquiry), place or remove "flags" from motor vehicle records is submitted to TxDOT. d their input file as an e-mail B. As an alternative, if the Local Government chooses to sen 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 TxDOT. Upon agreement between the Local Government and TxDOT and payment of applicable fees, as described below, TOOT will establish an account in the name of the Local Government. Charges will be deducted from the escrow account until the balance of that account reaches the minimum required balance for the Local. Government, as determined by TxDOT and provided herein. � t�eposit cf at feast $500.Gu rr�ust in anon -interest bearing escrow account. This initial deposit is to cover estimated service use. The escrow account must be established with TxDOT 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 Transportation" 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. The Local Government may .deposit additional funds into the escrow account in excess of the stated minimum balance. When it becomes necessary to increase the Local Government's escrow account minimum balance, as determined by TOOT, the Local Government agrees to pay the sum in increments of $500.000 This additional funding is payable within fifteen (15) days from receipt of notification from TxDOT. TxDOT will provide a statement to the Local Government which indicates the remaining balance in the Local Government's escrow account. A statement will be provided by TxDOT 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, TOOT will 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 9/05/08 Article 1. Amendments This contract may only be amended by written agreement executed by both parties before the contract is terminated. Article 2. Confl[cts 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. !-�rfiic[e 3. Disputes TxDOT shall be responsible for the settlement of all contractual and administrative issues. ©rtic[e �. Ownership of Equipment Except to the extent that a specific provision of this contract states to the contrary, all equipment purchased by TOOT under this contract shall be owned by TxDOT. 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. Arfi[c{e 6. Gratuities Any person who is doing business with or who reasonably speaking may do business with TxDO under this contract may not make any offer of benefits, gifts, and items favors that haveemployees received it e advanced TO T. The only exceptions allowed are ordinary business lunches written approval of the Executive Director of the Texas Department of Transportation. Article �. I�esponsibi{{ties 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 ecrees of any courts or administrative bodies or tribunals in any regulations and with the orders and d manner affecting the performance of this agreement. Article 9. State Auditor's Provision The state auditor may conduct an audit or investig subcontract under the co tgractndAc eptanceOof directly under the contract or indirectly through a s funds directly under the contract or indirectly through a subcontract under this, contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with with access to an e ritity that Is the subject of an nformation the state auditor audit or investigation must provide the state auditor with a Y considers relevant to the investigation or audit. Article 10. Signatory Warranty Each signatory warrants that the behalf of the entity represented. authority to execute this agreement on signatory has necessary City Scofflaw Page 4 of 8 Revised 9/05/0@ Resofuf�on or ®rd►nance �� rt June 20 10 ,the City of Sanger City On the 21 day of Council passed Resolution No. � #Ro6-o4-10 ,�/ ,hereinafter identified by reference, authorizing the City's participation in the Program. City Scofflaw Page 5 of 8 Revised 9/05/OB ATTACHMEN1,E R 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 Vehicle Titles and Registration Division, Technology Support Branch, at (512) 467.5983 or (512) 465.7950 (Monday through Friday 8:00 AM - 5:00 PM). Page 6 of 8 Revised 9/05/08 City Scofflaw ' Contract Number VEHICLE TITLES AND REGISTRATION DIVISION 4000 JACKSON AVENUE, AUSTIN, TEXAS 78731-6007 PLEASE PRINT OR TYPE For Department Use Only Type Account Requested: of �' "Prepaid" Account "Pay Upon Request" Account DATE: ATTN: (Name Number of Person Responsible For Account) I }} l� rrTelephone ttand Y t ACCOUNT NAME: BILLING ADDRESS: R� CZ;i ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Files.) UK l51� � i'vA nc 5 MAILING ADDRESS: 50,110,e)e 1 �11��VE�%t u), t?'I P>ot�k��� E-MAIL ADDRESS: (For Output File ReturnseyE-mail) GPU���tc�g�-a5 BUSINESS TELEPHONE NUMBER: BUSINESS FAX NUMBER: q40>4S2)41131 94o As&344.E ga Depsr�inen� Zse ©n F 3= FSOVOW Arnza trat MWO, n r f r w t ale ANN'9TWU f d 9r HAcort3 7"ernraeza►1Crace7eal �►,�Rnt1i�mer Al 752-n"E-7f AA o �� kpi top r 14equesi AMP � s � J City Scofflaw Page 7 of 8 Revised 9/05/08