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RES 2010-11TOWN OF TROPHY CLUB RESOLUTION 2010-11 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS, AUTHORIZING THE TOWN MANAGER OR HIS DESIGNEE TO EXECUTE AN INTERLOCAL GOVE~!!IIf.NTAL AGREEMENT BY AND BETWEEN THE ~H'!OiAmf:)Pj!jY· CLUB, TEXAS AND THE TEXAS DEPARTMENT OF TRANPORTATION/DEPARTMENT OF MOTOR VEHICLES RELATING TO MOTOR VEHICLE REGISTRATION REFUSAL PURSUANT TO SECTION 702.003 OF THE TEXAS TRANSPORTATION CODE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 702.003 of the Texas Transportation Code provides that a county assessor-collector or the Texas Department of Motor Vehicles may refuse to register a motor vehicle if such entity is under contract with a municipality and receives information from the municipality that the owner of the vehicle has an outstanding warrant from that municipality for failure to appear or failure to pay a fine on a complaint involving a traffic law; and WHEREAS, Section 702.003 further requires a municipality that has a contract with a county assessor-collector or the Texas Department of Motor Vehicles to notify such agency upon entry of a judgment, payment of a judgment, perfection of appeal, or dismissal of the charge, at which time the county assessor -collector or the Department may not refuse to register the motor vehicle under Section 702.003; and WHEREAS, the agreement approved hereby is an interlocal cooperation agreement entered into in compliance with Chapter 791 of the Texas Government Code, and all payments made by the parties thereto shall be paid from revenues legally available to the paying party; and WHEREAS, the Town Council finds that entering into this agreement with the Texas Department of Transportation pursuant to Section 702.003 of the Texas Transportation Code serves a valid public purpose of facilitating the collection of judgments entered for violations of traffic laws and is in the best interests of the Town of Trophy Club. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF TROPHY CLUB, TEXAS; Section 1. That the Town Manager or his designee is hereby authorized to enter into an interlocal governmental agreement between the Town of Trophy Club and the Texas Department of Transportation/Department of Motor Vehicles, more specifically described as the "Scofflaw Services Contract for Marking Texas Resolution 2010-11 (File ID 2010-237) \ 1 Motor Vehicle Registration Records," relating to the collection of outstanding monies owed the Town of Trophy Club for unpaid moving violations, a copy of which is attached hereto as Exhibit "A." Section 2. That, this Resolution shall become effective from and after its date of passage in accordance with law. PASSED AND APPROVED by the Town Council of the Town of Trophy Club, Texas this 21st day of June, 2010. ATTEST: tfciwn Secretary Town of Trophy Club, Texas [Seal] APPROVED AS TO FORM: CPC\kAI(\~ Town Attorney Town of Trophy Club, Texas Resolution 2010-11 (File ID 2010-237) C6nnie White, Mayor Town of Trophy Club, Texas 2 Resolution 2010-11 (File 10 2010-237) "EXHIBIT A" 3 ,HE STATE 0:: TEXAS § :HE COU~JT'f OF TRAVIS § THIS CO[\ITRACT is entered into by the Contracting Parties under Government Code, Chapter 791. i. CONTRACTING PARTIES: The Texas Department of Transportation (TxDOT) WUkJ fJt (L0Ao> (' Ll:, I (Local Government) H. PUR,POSE: Scofflaw Services contract for marking Texas Motor Vehicle Registration Records. 111. STATEMENT OF SERV!CES TO BE PERFORMED: TxDOTwill undertal"and carry out services described in Att<31chment A. Scope of Services. '0 y [V. CONTRACT PAYMENT: Contract payment shall conform to the provisiq!:l.f of Attacihment IB, Budget. '1. T RM 0 NTR CT: This contract begins when fully executed by bo:fparties and terminates on ..... LLf'-''-''''-tJ..C'''O=.>J'r when otherwise terminated as provided in Attachwt C, Article 5 of this Agreement. VI. LEGAL UTHORITY: Ii: THE PARTIES certify that the services provided under this contract are s~ces that are properly within the legal authority of the Contracting Parties. l' ,DOT 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 )() Q( :J.. } , 2D/u ,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 IB, 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 . .,J.1O'""_:,Lt<UOL<tl().L..;c1'I-LC __ 7J"--,r,-,-"~f"'o,-J,",,,V'1-/_""{~~:":~::..6=-________ (Name of Local Government) By /t/7UrJz 2t/!~ Date ~/ h AOTHORIZED SIGNATURE ' (OO/):t' L;hfk~ TYPED OR PRiNTED NAME AND TITLE Ti:e 07o y ')! , , "CR THE STATE OF TE)(AS E)(:"cuted for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of acti'/ating and/or carrying out the orders, established poticies or work programs heretofore 'JeCi arc ac1thorized by the Texas Transportation Commission. ~~~~~£B~~~~3.=---Date "1/q /\O , -Rebec~5i Oa'Jis, PA.D.~ ~'\.<3;- t~IN\.Director, Vehicle Titles d Re istration Division Texa" Department of Transportation C '; ScofflaVi Pagel of 8 Revised 9/05/08 ATTACHME~JT A Scope of Services TxDOT will: " ,,..nfjJ'Y! . flCIA.u.. "",u, '1. On initial probes (inquiries) of data submissions received from the ?o~al 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 P,finting of registration renewal notices with a "scofflaw" remark ("City Scofflaw: 7/'cJr:;;/}'1f'lb (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 Fl, and establish account prior to submitting inquiries. Cily SCOffi3W Page 2 of 8 Revised 9/05.'08 ATTJ.\CHMENT Eo Budiget 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. I='ayrnents shall be made to the following address: Texas Department of Transportation Vehicle Titles and Registration Division PO Box 5020 Austin, TX 78763-5020 -.~ t:;::j:- N V /,:"( f.t A. If the Local Government chooses to submit their input file \'~a 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 mquest to probe (searchlinquiry), place or remove "flags" from motor vehicle records is submitted to T:<DOT. 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 Govemment 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 mainQained ill1 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 Govemment 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 Govemment 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 recol'ds for the Local Government untii such time as a deposli is made by tile Local Government, in an amount sufficient to increase the balance in the escrow account to the $500.00 minimum balance. ely Scofr1aw Page 3 0' B Re'Jised 9/051OB A TT ACHi\J1Ei\lT 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. Artide 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, a II 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 party, 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·IO. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. City Scofflaw Page ~ of 8 ReviSed 9/05/08 Resoiu.l'liOll1 or OrdUl1<III1Ce ~ /OI..Jt7 On the c:2! day of h !l2( , 20 ~,the I Cr1f?h /J C l /, City' Council passed Resol~tion 1\10. 70/ [) . J I , hereinaftEfl· identified by reference, authorizing the City's participation in the Program. Page 5 0' B Rev;s&d 9/05103 ATTACHi1J1ENT E Contact Infonma1ion 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). Ci:y Scofflaw Page 6 of 8 Revised 9/05/0£ II . . Contract Number I I VEHilClE Trn . .iES Af\lD REG1STRATIOi'J [milS~Oi\] I ilOOO JAC~SON AVENUE, AUSHN, TIEXAS 7873Hi!Wr I I i I PLEl!;'SE PRINT OR TYPE I [ For Departmer.l ~sc Only : I i TYPIEl Account Retq]~Jes'~ed: I X I "PralPaidl" AccoLmfr "!P@l! Upon Request" Account ! n,1\Tr;::· I ATTN: ({IJ.J(I10 and 12Jephonc NumiJs( of P2r5011 R2SPOtlsibf,2 ,=ot Account) '-"'"'\ , ,-, I I 37"tPllfltJz. t)OHL.I<£ b8)-~3/-~('17 i i I ACCOUNT NAI1IlE: IavJN I Or !RoPHY (!LVe, -rl/IANIl!JPA-I .. (!ovJ{T BILLING ADDRESS: /00 ~w "I!!'p", L "hRII/f:... \ !Rop"1 C~1A.61 TX 7f,~t;), _ .. --I ATTENTION: (Name and Mailing Address of the Person Responsible for Sending and Receiving Rles.) I -3,tPHAJI f-~ IIII-Sf.. il1llAILING ADDRESS: ! 100 7V\.t.I';lCIPA-l-'bRIV £. -JRoPH'i CJ..t.lt5, IX 7t.;J.1.:J.. E-MAIL ADDRESS: (For Output File Returns By E-mail) BUSiN~:[~~:H;NC~'Nt~:il~1; cl .... b. +l"'~DUSij\lESS rAY. riufviBER: tf};)-$31-4{,~o 817--'19/-931;)" For Deparfme'lt Use GIlly Escrow Amount , Date Agreement Signed i Account Terminated/Canceled Account Number , I Non-Payment User Request i i I \ i C"I Scofflal'J Page 7 of 8 Re'lised 9105/08 ATTACHMENT G CiTY SCOlFlFlAW iNPUT lF~lE REQWRIEMIENTS There are three (3) processes available within the RTS CIl(!jFFQCI~W,r?,rocessing program. The available processes are as follows: .li. 'b ""'O?\ 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 PLTNO DOC NO FILLER CODE TOTAL NOTE: Cj~y Scc:r.aw 4 bytes Position 1-4 /*License Registration Year 7 bytes Position 5-11 I*License Plate Number 17 bytes Position 12-28 I'Document Number 51 bytes Position 29-79 I*City Optional Data (Data is returned on output file) 1 byte Position 80 I*P=Probe (inquiry) I*F=Flag (set SCOFFLAW) I*C=Clear (lift SCOFFLAW) 80 bytes A Frobe request requires REG-YR (Registration Year). PL TNO (License Plate Number) and CODE. All other information is optional. Both 'Flag or 'C'lear requests require DOCNO (Document Number) and CODE. All other information is optional. Page B of 8 Revised 9/05/08