HomeMy WebLinkAboutResolution - 2014-R0022 - Interlocal Agreement - 01/23/2014RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock is hereby authorized and directed to
execute for and on behalf of the City of Lubbock, an Interlocal Cooperation Agreement
for the release of driver records to governmental entities, by and between the City of
Lubbock and the Texas Department of Public Safety, and related documents. Said
Agreement is attached hereto and incorporated in this resolution as if fully set forth herein
and shall be included in the minutes of the City Council.
Passed by the City Council on January 23, 2014
GLEYC.'ROBERTSON, MAYOR
ATTEST:
Rebec a Garza, City Secretary
APPROVED AS TO CONTENT:
Quincy Whiteqgsistant City Manager
APPROVED AS TO FORM:
Chad Weaver, Assistant City Attorney
vw:ccdocs/RES.Interlocal Agrmt-DPS
October 22, 2013
AGREEMENT FOR
RELEASE OF DRIVER RECORDS
TO GOVERNMENTAL ENTITIES
This document constitutes an ("Agreement") made between the Texas Department of Public
Safety ("TXDPS"), which is the state administrator for driver license and identification card
records, and the Governmental Entity identified below ("the Governmental Entity"), which shall
be referred to herein as "the Parties."
Governmental Entity Name: City of Lubbock, Texas
Address: P.O. Box 2000, 1625 13th Street, Lubbock, Texas 79457
WHEREAS, Texas law authorizes TXDPS to provide Driver Records individually and in bulk
for specified permissible purposes;
WHEREAS, Texas law authorizes TXDPS to establish an Interactive System to provide the
release of Driver Records;
WHEREAS, state and federal law, including the federal Driver's Privacy Protection Act of 1994
(18 U.S.C. §2721 et seq.) and the Texas Motor Vehicle Records Disclosure Act (Chapter 730 of
the Texas Transportation Code) extend privacy protections to Personal Information maintained
in the tiles of state motor vehicle agencies such as TXDPS;
WHEREAS, the Governmental Entity desires to obtain Driver Records, including Personal
Information, from TXDPS; and
WHEREAS, Texas law requires each prospective Governmental Entity to execute a written
agreement or contract containing safeguards TXDPS considers necessary or reasonable to ensure
that Driver Records obtained are used only for permissible purposes and that the rights of
individuals and TXDPS are protected before the Governmental Entity receives any Driver
Records.
THEREFORE, IT IS AGREED, that TXDPS shall deliver Driver Records in an electronic
format to the Governmental Entity, subject to the following terms and conditions:
1. Definitions:
a. Driver Records means a record that pertains to a motor vehicle operator or driver license
or permit, or identification document issued by TXDPS. It includes the following types
of records: Type 1 (status record); Type 2 (a 3 -year driving history record); Type 3 (a list
of all crashes and violations in the record for commercial drivers only); and Type 4
(school bus driver records).
b. Interactive System means the process by which TXDPS supplies Driver Records in an
electronic format, including real-time and batch web -based applications.
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c. Personal Information means information that identifies an individual, including but not
limited to an individual's date of birth, driver license number or identification card
number, name, and address.
2. Certification of Permissible Use(s):
The Governmental Entity, by signing this Agreement, hereby certifies compliance with all
provisions of the federal Driver's Privacy Protection Act of 1994, the Texas Motor Vehicle
Records Disclosure Act, and with all other state and federal laws applicable to this Agreement.
Release of Driver Records shall only be provided pursuant to the certified intended use of the
Governmental Entity, which shall include only those uses for the Governmental Entity itself; it
shall not include uses that are speculative or that will be engaged in by third persons acquiring
the information from the Governmental Entity. The Governmental Entity certifies that its use of
Driver Records obtained under this Agreement is for the following permissible purpose(s) only
and for no others:
Initial all that apply.
1. For use in connection with any matter of: (a) motor vehicle or motor vehicle
operator safety; (b) motor vehicle theft; (c) motor vehicle emissions; (d) motor
vehicle product alterations, recalls, or advisories; (e) performance monitoring of
motor vehicles or motor vehicle dealers by a motor vehicle manufacturer; (f)
removal of nonowner records from the original owner records of a motor vehicle
manufacturer to carry out the purposes of. the Automobile Information Disclosure
Act, 15 U.S.C. Section 1231 et seq.; 49 U.S.C. Chapters 301, 305, 323, 325, 327,
329, and 331; the Anti Car Theft Act of 1992, 18 U.S.C. Sections 553, 981, 982,
2119, 2312, 2313, and 2322, 19 U.S.C. Sections 1646b and 1646c, and 42 U.S.C.
Section 3750a et seq., all as amended; the Clean Air Act, 42 U.S.C. Section 7401 et
seq., as amended; and any other statute or regulation enacted or adopted under or in
relation to a law included in this subsection; (g) child support enforcement under
Chapter 231, Family Code; or (h) enforcement by the Texas Workforce
Commission under Title 4, Labor Code.
2. For use by a government agency, including any court or law enforcement agency, in
carrying out its functions or a private person or entity acting on behalf of a
government agency in carrying out the functions of the agency.
3. For use in connection with a matter of. (a) motor vehicle or motor vehicle operator
safety; (b) motor vehicle theft; (c) motor vehicle product alterations, recalls, or
advisories; (d) performance monitoring of motor vehicles, motor vehicle parts, or
motor vehicle dealers; (e) motor vehicle market research activities, including survey
research; or (f) removal of nonowner records from the original owner records of
motor vehicle manufacturers.
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4. For use in the normal course of business by a legitimate business or an authorized
agent of the business, but only to verify the accuracy of Personal Information
submitted by the individual to the business or the authorized agent of the business;
and, if the information is not correct, to obtain the correct information for the sole
purpose of preventing fraud by pursuing a legal remedy against or recovering on a
debt or security interest against the individual.
5. For use in conjunction with a civil, criminal, administrative, or arbitral proceeding
in any court or government agency or before any self-regulatory body, including
service of process, investigation in anticipation of litigation, execution or
enforcement of a judgment or order, or under an order of any court.
6. For use in research or in producing statistical reports, but only if the Personal
Information is not published, redisclosed, or used to contact any individual.
�7. For use by an insurer or insurance support organization, or by a self insured entity,
or an authorized agency of the entity in connection with claims investigation
activities, antifraud activities, rating, or underwriting.
8. For use in providing notice to an owner of a towed or impounded vehicle.
9. For use by a licensed private investigator agency or licensed security service for a
purpose permitted as stated herein.
10. For use by an employer or an authorized agent or insurer of the employer to obtain
or verify information relating to a holder of a commercial driver's license that is
required under 49 U.S.C. Chapter 313.
11. For use in connection with the operation of a private toll transportation facility.
12. For use by a consumer reporting agency, as defined by the Fair Credit Reporting
Act (15 U.S.C. § 1681 et seq.), for a purpose permitted under that Act.
13. For use in the prevention, detection, or protection against personal identity theft or
other acts of fraud. Prior to release of Personal Information, TXDPS may require
additional information.
14. For any other purpose specifically authorized by law that relates to the operation of
a motor vehicle or to public safety. Please provide the statutory authority:
The Governmental Entity shall restrict access to, use of, and disclosure of Driver Records,
including Personal Information, to designated personnel solely for the purposes as identified
herein. Access to and use of Driver Records by the Government Entity's personnel that are not
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authorized is strictly prohibited. Any access, use and disclosure not required for the purposes of
this Agreement or for any unofficial purpose is strictly prohibited. Violation of the federal
Driver's Privacy Protection Act or the Texas Motor Vehicle Records Disclosure Act may result
in civil and criminal penalties.
3. Resell or Redisclosure:
The Governmental Entity shall not resell or redisclose Personal Information obtained under this
Agreement to third parties in the identical or a substantially identical format. The Governmental
Entity may resell or redisclose Personal Information only for a use authorized by Texas
Transportation Code, Section 730.007, and in compliance with the sections herein entitled
"Record Creation and Retention" and "Provide Copies of Records and Notification of Release."
Personal Information under the Driver's Privacy Protection Act and the Texas Motor Vehicle
Records Disclosure Act is not subject to the Texas Public Information Act.
4. Record Creation and Retention:
If the Governmental Entity legally resells or rediscloses Personal Information obtained from
Driver Records under this Agreement, the Governmental Entity shall create a record identifying
each person or entity that obtained Personal Information from the Governmental Entity and the
legally permissible purpose for which Driver Records were obtained. The Governmental Entity
shall ensure that any third party to which it releases any Driver Records shall comply with all
federal and state laws on the release of the information and all terms, conditions, and obligations
of this Agreement. The Governmental Entity shall retain such records for a period of not less
than five (5) years following transfer of Driver Records to the third party of the following: the
name of any person or entity to whom the release was made; the date the release was made; the
permitted use for which Driver Records were released; the written agreement with the third
party; and contact information for the person or entity Driver Records were released to.
5. Provide Copies of Records and Notification of Release:
If the Governmental Entity rediscloses any Driver Records obtained under this Agreement to a
third party, the Governmental Entity shall provide access to or copies of those records required in
the section herein entitled "Record Creation and Retention" to TXDPS immediately upon
TXDPS' request. TXDPS retains the right to require the records in any applicable format,
including electronic or paper. The Governmental Entity shall bear the expense of providing this
information to TXDPS, including any postage or shipping charges.
6. Unauthorized Disclosure:
The Governmental Entity shall immediately, but no later than two (2) calendar days, notify
TXDPS of any inadvertent or unauthorized release, disclosure, breach, or compromise of Driver
Records obtained under this Agreement as soon as the Governmental Entity knows or should
have known of such unauthorized or inadvertent release, disclosure, breach, or compromise of
security. This obligation applies whether the action or omission was by the Governmental
Entity, its employees or agents, or by any person or entity that acquired Driver Records from the
Governmental Entity, either directly or indirectly. The Governmental Entity shall notify TXDPS
of any breach of system security as required by Section 521.053(c) of the Texas Business and
Commerce Code, and shall cooperate fully with TXDPS in any investigation thereof.
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7. Fees:
Pursuant to Texas Transportation Code Section 521.049, TXDPS shall not charge a fee for
Driver Records disclosed to a law enforcement or other governmental agency for an official
purpose, unless the Governmental Entity requests Driver Records sold in bulk for research
purposes. A Governmental Entity obtaining Driver Records for research shall enter into a
separate contract with TXDPS to purchase Driver Records for a fee.
8. Acknowledgement and Disclaimer:
The Governmental Entity acknowledges that TXDPS is furnishing Driver Records on an "as is"
basis and TXDPS makes no representation or warranty as to the accuracy of any Driver Records
furnished. TXDPS expressly disclaims responsibility for any failure to deliver Driver Records in
a timely manner, or at all, in the event of staff shortages, failures of appropriations, breakdown of
equipment, compliance with new or amended laws, acts of authority exercised by a public
official, acts of God, or other circumstances which may delay or preclude furnishing Driver
Records in a timely fashion. If Driver Records are not furnished, TXDPS has no further
responsibility or liability to the Governmental Entity with respect to undelivered Driver Records
and has no liability or responsibility whatsoever for delayed Driver Records.
9. Consumer Protection:
Driver Records furnished under this Agreement shall not be used by the Governmental Entity to
engage in any method, act, or practice that is unfair or deceptive, nor shall Driver Records be
used for marketing, solicitations, or surveys not authorized by law.
10. Direct Access to Driver Records:
No member of the public or any person outside the direct employ or control of the Governmental
Entity shall be permitted direct access to Driver Records through the Governmental Entity under
this Agreement for any reason other than the Governmental Entity's intended and legitimate use
of Driver Records.
11. Assignability:
The Governmental Entity shall not assign, license, or transfer any of its rights, duties, and
obligations under this Agreement without the prior written consent of TXDPS. An attempted
assignment in violation of this section is null and void. Any approved assignment shall not
relieve the assignor of any liability or obligation under this Agreement.
12. Successors:
This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and
their respective successors, heirs, administrators, personal representatives, legal representatives,
and permitted assigns.
13. Incorporation of Other Documents:
This Agreement, including "Attachment A, Governmental Entity Information Form," constitutes
the entire agreement between the Parties with regard to the matters made the subject of this
Agreement. There are no verbal representations, inducements, agreements, understandings,
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representations, warranties, or restrictions between the Parties other than those specifically set
forth herein.
14. Interactive System for Driver Records:
The Interactive System for Driver Records, by which TXDPS supplies Driver Records in an
electronic format including real-time and batch web -based applications, is operated and
controlled by a State of Texas Vendor. The State of Texas Vendor is the duly authorized service
agent of TXDPS responsible for processing electronically submitted Driver Records requests and
delivering Driver Records in a secure, electronic format utilizing the Interactive System. The
State of Texas Vendor is obligated to specific performance level requirements. As such, the
State of Texas Vendor has the authority to suspend any Governmental Entity account or access
to the Interactive System when such access compromises the operation of the Interactive System.
Suspension of such account or access shall continue until the compromising condition is resolved
to the satisfaction of TXDPS.
15. Term of Agreement:
The term of this Agreement shall begin on the date it is signed by the last of the two Parties to
this Agreement and shall continue in full force and effect for a term of three (3) years. Upon an
amendment in writing to this Agreement executed by both Parties, this Agreement may be
renewed for intervals of three (3) year at a time.
16. Termination:
a. For Convenience: Either Party may terminate this Agreement for convenience at any
time for any reason by giving the other Party thirty (30) calendar days written notice. If a
Party elects to terminate this Agreement for convenience, all unfilled obligations shall
remain in full force. In no event will termination for convenience by TXDPS give rise to
any liability whatsoever on the part of TXDPS.
b. For Cause: TXDPS may immediately terminate this Agreement for cause for any
violation of the terms of this Agreement or for any violation of any state or federal law or
regulation relating to the subject matter of this Agreement. TXDPS shall provide the
Governmental Entity with written notice to terminate this Agreement, which termination
shall become effective immediately upon Governmental Entity's receipt of the notice. If
this Agreement is terminated for cause, TXDPS may refuse to provide Driver Records to
the Governmental Entity in any format.
c. Mutual Termination: This Agreement may further be terminated by mutual agreement
and consent, in writing, by both Parties.
17. Change of Status:
This Agreement shall automatically terminate if the Governmental Entity ceases to exist,
substantially changes the nature of its governing business, or if it ceases to qualify for Driver
Records under the permissible use(s) certified in the section herein entitled "Certification of
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18. Amendments:
TXDPS may amend the terms and conditions of this Agreement from time to time in order to
accommodate changes in the records or information furnished under this Agreement and for
other reasons deemed appropriate by TXDPS. No modification or amendment to this Agreement
shall become valid unless in writing and signed by both Parties. All correspondence regarding
modifications or amendments to this Agreement shall be forwarded to TXDPS for prior review
and written approval. Only an authorized representative or an authorized designee shall be
authorized to sign changes or amendments.
19. Notice:
Any notice required or permitted under this Agreement shall be directed to the Parties at the
addresses shown below. The following contact person(s) is designated by the Governmental
Entity to receive all notices regarding this Agreement:
Point of Contact: Leisa Hutcheson, Director of Human Resources
Alternate Point of Contact: James Urban, Assistant Director of Human Services
Address: P.O. Box 2000
City, State, Zip Code: Lubbock, Texas 79457
Telephone Number: (806) 775-2277
Cell Phone Number: (806) 786-4558
Fax: (806) 775-3316
Email: lhutcheson@mylubbock.us
All correspondence to TXDPS regarding this Agreement shall be mailed to the following
address:
Texas Department of Public Safety
License and Record Service/Online Services
P.O. Box 4087
Austin, Texas 78773-0360
(512) 424-5967
Fax: (512) 424-7456
Email: e.Commerce@dps.texas.gov
Notices to the Parties at the addresses shown above shall be deemed received: (i) when delivered
in hand and a receipt granted; (ii) three (3) calendar days after it is deposited in the United States
mail by certified mail, return receipt requested; or (iii) when received if sent by confirmed
facsimile or confirmed email. Either of the Parties may change its address or designated
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individual(s) to receive notices by giving the other Party written notice as provided above,
specifying the new address and/or individual and the date upon which it shall become effective.
20. No Joint Enterprise:
TXDPS is associated with the Governmental Entity only for the purposes and to the extent set
forth herein. The Governmental Entity is an independent entity and shall have the sole right to
supervise, manage, operate, control, and direct the performance of the details incident to its
duties hereunder. Nothing contained herein shall be deemed or construed to create a partnership
or joint venture, to create the relationship of an employer-employee or principal -agent, or to
otherwise create any liability for whatsoever with respect to the indebtedness, liabilities, and
obligations of the Governmental Entity or any other party.
21. No Liability for Employees and Officers:
Each Party to this Agreement shall have no liability whatsoever for the actions or omissions of
an individual employed or contracted by another Party, regardless of where the individual's
action or omissions occurred. Each Party is solely responsible for the actions or omissions of its
employees and agents; however, such responsibility is only to the extent required by Texas law.
Where injury or property damage results from the joint or concurring acts or omissions of the
Parties, liability, if any, shall be shared by each party in accordance with the applicable laws of
the State of Texas, and subject to all defenses, including governmental immunity. These
provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or
entity not a Party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
22. Compliance with Law:
The Parties shall comply with all local, state, and federal laws and regulations applicable to the
subject matter of this Agreement, including but not limited to, the federal Driver's Privacy
Protection Act of 1994 and the Texas Motor Vehicle Records Disclosure Act.
23. Interpretation Against the Drafter:
Regardless of which Party drafted this Agreement or the language at issue, any ambiguities in
this Agreement or the language at issue shall not be interpreted against the drafting Party.
24. Non -Waiver:
Any failure of TXDPS, at any time, to enforce or require the strict keeping of any provision of
this Agreement shall not constitute a waiver of such provision, and shall not affect or impair
same or the right of TXDPS at any time to avail itself of same.
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25. Headings:
The headings, captions, and arrangements used in this Agreement are for convenience only and
shall not be deemed to limit, amplify, modify, or to affect the meaning of the terms of this
Agreement.
26. Severability:
If one or more provisions of this Agreement or the application of any provision to any Party or
circumstance is held invalid, unenforceable, or illegal in any respect by a final order/judgment of
the State Office of Administrative Hearings or a court of competent jurisdiction, the remainder of
this Agreement and the application of the provision to other parties or circumstances shall remain
valid and in full force and effect.
27. Audit and Inspection:
The Governmental Entity is subject to audit and inspection, at any time during normal business
hours and at a mutually agreed upon location, by the State Auditor, TXDPS, and any other
department or agency responsible for determining that the Parties have complied with applicable
law. The Governmental Entity shall provide all reasonable facilities and assistance for the safe
and convenient performance of any audit or inspection. The Governmental Entity shall keep all
records and documents regarding this Agreement for the term of this Agreement and for five (5)
years after the termination of this Agreement.
28. Governing Law and Jurisdiction:
This Agreement shall be construed in accordance with the laws of the State of Texas. Except as
otherwise provided by Chapter 2260 of the Texas Government Code, venue for any litigation
shall be Travis County, Texas.
29. Chapter 2260, Texas Government Code:
The Governmental Entity shall use the dispute resolution process provided for in Chapter 2260
of the Texas Government Code and the applicable TXDPS administrative rules to attempt to
resolve all disputes or contract claims arising under this Agreement.
30. Survival:
Any provisions of this Agreement that impose continuing obligations on the Parties, including
but not limited to the following, shall survive the expiration or termination of this Agreement for
any reason: confidentiality and security obligations; notice regarding any unauthorized disclosure
or breach; resell or redisclosure obligations; audit obligations; and any other provision that
imposes a continuing obligation on the Governmental Entity.
31. Signature Authority:
The signatory for the Governmental Entity hereby represents and warrants that it has full and
complete authority to execute this Agreement.
32. Certifications:
The Parties certify the following: (i) each Party paying for the performance of governmental
functions or services must make those payments from current revenues available to the paying
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Party; (ii) this Agreement is authorized by the governing body of the Parties; (iii) each Party has
the authority to enter into this Contract by authority granted in Texas Transportation Code,
Chapter 521 and 730; (iv) the services specified above are necessary and essential for activities
that are properly within the statutory functions and programs of the affected agencies; (v) the
proposed arrangement serves the interest of efficient and economical administration of
government; and (vi) the services, supplies or materials contracted for are not required by
Section 21 of Article 16 of the Texas Constitution to be supplied under contract given to the
lowest responsible bidder.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date written below.
DEPARTMENT OF PUBLIC SAFETY: CITY OF
Signature
Name and Title
Date
APPROVED AS TO CONTENT:
Quincy i , Assistant City Manager
APPR Z:OZRM:
ChacT Weaver, Assistant City Attorney
Mayor
ATTEST:
Reb Icca Garza, City Secretary
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ATTACHMENT A
GOVERNMENTAL ENTITY INFORMATION FORIN'I
Nature of the Governmental Entity's Activities:
City of Lubbock's Human Resources and Risk Management Department
List all URI, addresses/Facebook/Twitter accounts used or possessed by the Governmental Entity:
City Web Site www.mylubbock.us
Facebook
Twitter@ci tyo flubbock
Intended use of Driver Records obtained from TXDPS (Describe how the exemption qualifies for
obtaining Driver Records):
Pre-employment Driver Check
Annual Driver Check
Submgatinn fnr Damage to City Property
If the Governmental Entity intends to release Driver Records obtained from TXDPS, explain what
safeguards and/or assurances are in place to meet the requirements of this Agreement:
The data of Driver Records obtained will only be release to applicant or employee. To meet Fair Credit
Reporting Act requirements - all correspondence will be hand delivered or mailed certified mail.
If the Governmental Entity does not intend to release Driver Records to another entity, state so below:
Driver Records will not be release to other entities.
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