Ordinance No. 11,047ORDINANCE NO. 11,047
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN_ TEXAS,
AUTHORIZING THE CITY MANAGER TO EXECUTE AND THE CITY CLERK TO
ATTEST TO AN INTERLOCAL AGREEMENT WITH "17HE TEXAS DEPARTMENT
OF TRANSPORTATION FOR SCOFFLAW SERVICES ASSOCIATED WITH T1 -IE
CITY'S AUTOMATED RED 1-1GHT ENFORCEMENT PROGRAM; AUTHORIZINO
PAYMENT IN ACCORDANCE WITI -I 1 -HE INTERLOCAL AGREEMEN"I7_ 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 and the Cit}, Clerk to attest to an lnterlocal Agreement with the Texas Department of
Transportation for scofflaw services associated with the City's Automated Red Light Enforcement
Program. 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 Transportation 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 of t City Council of the City of
Baytown this the 8rh day of January, 2009.
OF wi Tr a� Ase _N, EPIIEN H. DONCARLOS, Mayor
f IV A S Y
KAY -E �PARNELL; City Clerk
D AS TO FORM:
ACID RAMIREZ, SR., C' Attorney
\'c bs I Ut gal \Kar \Files \Cip• m..tw hT.¢UOT.doc
THE STATE 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 Transportation (TxDOT)
(Local Government)
II. PURPOSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records.
III. STATEMENT OF SERVICES TO BE PERFORMED: TxDOT 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 on
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.
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 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.
(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 for the Texas Transportation Commission 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 Transportation Commission.
By
Rebecca Davio, Ph.D.
Director, Vehicle Titles and Registration Division
Texas Department of Transportation
Date
City Scofflaw Page 1 of 8 Revised 9/05/08
ATTACHMENT A
Scope of Services
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" 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. 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 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 number 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
ATTACHMENT B
Budget
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 "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 (search /inquiry), place or remove "flags" from motor vehicle records is submitted to TxDOT.
B. As an alternative, if the Local Government chooses to send their input file as an e-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
TxDOT. Upon agreement between the Local Government and TxDOT and payment of applicable
fees, as described below, TxDOT 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.
A deposit of at least $500.00 must be maintained in a non - 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 TxDOT, the Local Government agrees to pay the sum in increments of $500.00.
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, TxDOT 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
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
TxDOT shall 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 TxDOT 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 Dartv. whichever occurs first.
Article 6. Gratuities
Any person who is doing business with or who reasonably speaking may do business with TxDOT
under this contract may not make any offer of benefits, gifts, or favors to employees of TxDOT. The
only exceptions allowed are ordinary business lunches and items that have received the advanced
written approval of the Executive Director of the Texas Department of Transportation.
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. State Auditor's Provision
The state auditor may conduct an audit or investigation of any entity receiving funds from TxDOT
directly under the contract or indirectly through a subcontract under the contract. Acceptance of
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 those funds. An entity that is the subject of an
audit or investigation must provide the state auditor with access to any information the state auditor
considers relevant to the investigation or audit.
Article 10. 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 8 Revised 9/05/08
On the day of
Council passed Resolution No. _
authorizing the City's participation
ATTACHMENT D
Resolution or Ordinance
, 20 , the
in the Program.
City
hereinafter identified by reference,
City Scofflaw Page 5 of 8 Revised 9/05/08
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 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).
City Scofflaw Page 6 of 8 Revised 9/05/08
ATTACHMENT F
ACCOUNT INFORMATION
VEHICLE TITLES AND REGISTRATION 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 Upon 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 -MAIL ADDRESS: (For Output File Returns By E -mail)
BUSINESS TELEPHONE NUMBER:
BUSINESS FAX NUMBER:
For Department Use Only
Escrow Amount
Date Agreement Signed
Account Terminated(Canceled Account Number
Non - Payment User Request
City Scofflaw Page 7 of 8 Revised 9/05/08
ATTACHMENT G
CITY SCOFFLAW
INPUT FILE REQUIREMENTS
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:
Z'
REG -YR
4 bytes
Position 1 -4
/*License Registration Year
PLTNO
7 bytes
Position 5 -11
/ *License Plate Number
DOCNO
17 bytes
Position 12 -28
/ *Document Number
FILLER
51 bytes
Position 29 -79
/ *City Optional Data
(Data is returned on output file)
CODE
1 byte
Position 80
/ *P =Probe (inquiry)
/ *F =Flag (set SCOFFLAW)
/ *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.
All other information is optional.
City Scofflaw Page 8 of 8 Revised 9/05/08