Ordinance No. 12,490ORDINANCE NO. 12,490
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERLOCAL
AGREEMENT WITH THE TEXAS DEPARTMENT OF MOTOR VEHICLES FOR
SCOFFLAW SERVICES ASSOCIATED WITH THE REGISTRATION OF A MOTOR
VEHICLE IF THE OWNER OF THE VEHICLE HAS AN OUTSTANDING
WARRANT FOR FAILURE TO APPEAR OR FAILURE TO PAY A FINE ON A
COMPLAINT THAT INVOLVES THE VIOLATION OF A TRAFFIC LAW;
AUTHORIZING PAYMENT IN ACCORDANCE WITH THE INTERLOCAL
AGREEMENT; AND PROVIDING FOR THE EFFECTIVE DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute an Interlocal Agreement with the Texas Department of Motor Vehicles associated
with the registration of a motor vehicle if the owner of the vehicle has an outstanding warrant for failure
to appear or failure to pay a fine on a complaint that involves the violation of a traffic law. A copy of said
agreement is attached hereto as Exhibit "A," and incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment to the Texas
Department of Motor Vehicles in accordance with the agreement authorized in Section 1 hereinabove.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote
Baytown this the 27's day of February, 2014.
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APPROVED AS TO FORM:
NACIO RAMIREZ, SR., C' Attorney
R1Karen\Fi1es \City Counci1\0rdinances\2014\Febmary 27\ScoFlawAgmementwithTxDMV.doc
Council of the City of
Mayor
STATE OF TEXAS §
COUNTY OF TRAVIS §
Exhibit "A"
INTERLOCAL 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)
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 cant' 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 authority granted in Section 702.003
and in Section 707.017 of the Texas Transportation Code.
The governing body, by resolution or ordinance, dated , 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.
Name of Local Government)
By Date
AUTHORIZED SIGNATURE
TYPED OR PRINTED NAME AND TITLE
Title
FOR THE STATE OF TEXAS
Executed for the Executive Director and approved by the Texas Department of Motor Vehicles Board for the
purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore
approved and authorized by the Texas Department of Motor Vehicles Board.
By
Randy Elliston
Director, Vehicle Titles and Registration Division
Texas Department of Motor Vehicles
Date
City Scofflaw Page 1 of 7 Revised 08/15/2011
ATTACHMENT A
Scope of Services
TxDMV 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 data 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 TxDMV specifications for computer run
of initial probes (inquiry), flags (marking) 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 1St
of every year.
2. Submit an application to establish the method of payment (see Attachment F), and establish an
account prior to submitting inquiries.
City Scofflaw Page 2 of 7 Revised 08/15/2011
ATTACHMENT B
Budget
Fees for file submission and transactions shall be submitted to TxDMV in accordance with 43 TAC
Chapter 217.
Payments shall be submitted 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 "Pay On Demand" account, the applicable payment
of fees must be made each time a request to probe (search /inquiry), place or remove "flags" from
motor vehicle records is submitted to TxDMV. 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 TxDMV, upon agreement 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 $500.00 shall be maintained in a non - 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.
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 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 7 Revised 08/15/2011
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
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
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. 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. 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 Scofflaw Page 4 of 7 Revised 08/15/2011
ATTACHMENT D
Resolution or Ordinance
On the day of , 20 , the
Council passed Resolution No. ,
authorizing the City's participation in the Program.
City/Town
hereinafter identified by reference,
City Scofflaw Page 5 of 7 Revised 08/1 5/2011
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 IT Services
Division, Production Data Support at (512) 465 -1311 or (512) 465 -1314, (Monday through Friday 8:00
AM - 5:00 PM).
City Scofflaw Page 6 of 7 Revised 08/15/2011
ATTACHMENT
ACCOUNT INFORMATION
ADMINISTRATIVE SERVICES DIVISION contract Number
4000 JACKSON AVENUE, AUSTIN. TEXAS 78731 -6007
PLEASE PRINT OR TYPE
For Department Use Only
Type of Account Requested:
Prepaid" Account "Pay On Request' Account
DATE: ATTN: (Name and Telephone Number of Person Responsible For Account)
ACCOUNT NAME:
BILLING ADDRESS:
ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Files.)
MAILING ADDRESS:
E- MAILADDRESS: (For Contact Purposes By E-mail)
BUSINESS TELEPHONE NUMBER: BUSINESS FAX NUMBER:
For Department Use Only
Escrow Amount
Date Agreement Signed
Account Terminated /Canceled
Non - Payment User Request Account Number
City Scofflaw Page 7 of 7 Revised 08/15/2011