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HomeMy WebLinkAbout08684ORDINANCE NO. 8684 AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TITLES AND REGISTRATION SECTION, IN REGARD TO THE ELECTRONIC EXCHANGE OF MOTOR VEHICLE REGISTRATION INFORMATION. BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that: SECTION 1. The Intergovernmental Agreement between the City of Pueblo, a Municipal Corporation, and Colorado Department of Revenue, Division of Motor Vehicles, Titles and Registration Section, relating to the electronic exchange of motor vehicle owner information, a copy of which is attached hereto, having been approved as to form by the City Attorney, is hereby approved. SECTION 2. The President of the City Council is hereby authorized and directed to execute said Agreement for and on behalf of the City, and the City Clerk is directed to affix the seal of the City thereto and attest same. SECTION 3. The officers and staff of the City are directed and authorized to perform any and all acts consistent with the intent of this Ordinance and the attached Agreement to effectuate the transactions described therein. SECTION 4. This Ordinance shall become effective immediately upon passage and approval. INTRODUCED: December 9, 2013 BY: Chris Kaufman PASSED AND APPROVED: December 23, 2013 Background Paper for Proposed ORDINANCE DATE: AGENDA ITEM # R-5 December 9, 2013 DEPARTMENT: Information Technology Department Lori Pinz, Director Pueblo Municipal Court William A. Martinez, Municipal Court Judge TITLE AN ORDINANCE APPROVING AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE CITY OF PUEBLO, A MUNICIPAL CORPORATION, AND THE COLORADO DEPARTMENT OF REVENUE, DIVISION OF MOTOR VEHICLES, TITLES AND REGISTRATION SECTION, IN REGARD TO THE ELECTRONIC EXCHANGE OF MOTOR VEHICLE REGISTRATION INFORMATION ISSUE Should the City Council approve the Intergovernmental Agreement with Colorado’s Division of Motor Vehicles, Titles and Registration Section? RECOMMENDATION Approval of the Ordinance. BACKGROUND As part of the Tyler Incode implementation, it is necessary for Municipal Court to receive vehicle owner information electronically from the Colorado Department of Revenue’s Motor Vehicle Division (DMV). The City currently receives this information, but because we are updating to a new system, the State is requiring an Intergovernmental Agreement in order to continue to receive this information. This data is required for parking tickets issued by the City. Municipal Court submits license plates numbers electronically on a monthly basis to the State DMV. In return, the State electronically sends back vehicle owner information. This information will be imported into Tyler Incode and will be used to attach a person to the parking ticket case. FINANCIAL IMPACT None. TAA 14/ G tiI STATE OF COLORADO Colorado Department of Revenue Division of Motor Vehicles, Titles and Registration Section INTERGOVERNMENTAL AGREEMENT with City of Pueblo TABLE OF CONTENTS 1. PARTIES ... 1 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY .. 1 3. RECITALS 1 4. TERM 2 5. STATEMENT OF WORK 2 6. NO COST AGREEMENT 2 7. RECORDS — MAINTENANCE AND INSPECTION .. 2 8. CONFIDENTIAL INFORMATION — STATE RECORDS 3 9. FAILURE TO PERFORM — BREACH AND REMEDIES 5 10. NOTICE AND REPRESENTATIONS 5 11. GENERAL PROVISIONS 6 12. SPECIAL PROVISIONS 7 13. SIGNATURE PAGE 9 EXHIBIT A: STATEMENT OF WORK EXHIBIT B: DOR STATEMENT OF CONFIDENTIALITY EXHIBIT C: BULK RECORDS REQUEST RELEASE AND AFFIDAVIT OF INTENDED USE 1. PARTIES This Intergovernmental Agreement (hereinafter called Agreement) is entered into by and between the Colorado Department of Revenue, Division of Motor Vehicles, Titles and Registration Section (DOR or State), and the City of Pueblo (COP or Contractor) who may collectively be called the "Parties" and individually a "Party ". 2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY This Agreement shall not be effective or enforceable until it is approved and signed by the Colorado State Controller or designee (hereinafter called the "Effective Date "), but shall be effective and enforceable thereafter in accordance with its provisions. 3. RECITALS A. Authority, Appropriation, And Approval Authority to enter into this Agreement exists in and funds have been budgeted, appropriated and otherwise made, and a sufficient unencumbered balance thereof remains available for payment. Required approvals, clearance and coordination have been accomplished from and with appropriate agencies. B. Consideration The Parties acknowledge that the mutual promises and covenants contained herein and other good and valuable consideration are sufficient and adequate to support this Agreement. 1 C. Purpose As authorized in 32 -9 -119.9 C.R.S., DOR shall provide COP, limited motor vehicle registration electronic information, in order to aid COP in the enforcement of parking regulations. 4. TERM A. Term -Work Commencement The Parties respective performances under this Agreement shall commence on the later of the Effective Date or December 1, 2013. This Agreement shall terminate on November 30, 2018 unless sooner terminated or further extended as specified elsewhere herein. Either Party may terminate this Agreement by giving the other Party thirty (30) days prior written notice setting forth the date of termination. Upon termination the liabilities of the Parties for future performance hereunder shall cease, but the Parties shall perform their respective obligations up to the date of termination. B. Two Month Extension DOR, at its sole discretion upon written notice to COP as provided in Section 10, may unilaterally extend the term of this Agreement for a period not to exceed two months if the Parties are negotiating a replacement agreement (and not merely seeking a term extension) at or near the end of any initial term or any extension thereof. The provisions of this Agreement in effect when such notice is given, including, but not limited to prices, rates, and delivery requirements, shall remain in effect during the two -month extension. The two month extension shall immediately terminate when and if a replacement agreement is approved and signed by the State Controller. 5. STATEMENT OF WORK A. Work DOR will complete the Work and its other obligations as described herein and in the "Statement of Work ", attached and incorporated herein as Exhibit A. DOR shall not be liable to compensate COP for any Work performed prior to the Effective Date or after the termination of this Agreement. B. Goods and Services COP shall procure goods and services necessary to complete its obligations. Such procurement shall be accomplished using Agreement Funds and shall not increase the maximum amount payable hereunder by DOR. 6. NO COST AGREEMENT There shall be no cost or charges whatsoever to DOR pursuant to this Agreement. DOR has no financial obligation to COP for any goods or services provided by this Agreement. DOR shall have no liability whatsoever for payment of any COP costs associated with the implementation or continued operation of this Agreement, including but not limited to post -audit costs, costs of computer hardware, software, services, subcontracted services, personnel, networks, State audits, licenses, transportation, mileage, travel, insurance, bonds or administration. 7. RECORDS — MAINTENANCE AND INSPECTION A. Maintenance During the term of this Agreement and for a period terminating upon the later of (i) the five year anniversary of the final payment under this Agreement or (ii) the resolution of any pending Agreement matters (the "Record Retention Period "), each Party shall maintain, and allow inspection and monitoring by the other Party, and any other duly authorized agent of a governmental agency, of a complete file of all records, documents, communications, notes and other written materials, electronic media files, and communications, pertaining in any manner to the work or the delivery of services or goods hereunder. B. Inspection DOR shall have the right to inspect COP's performance at all reasonable times and places during the term of this Agreement. COP shall permit DOR, and any other duly authorized agent of a governmental agency having jurisdiction to monitor all activities conducted pursuant to this Agreement, to audit, inspect, examine, excerpt, copy and/or transcribe COP's records related to this Agreement during the Record Retention Period 2 • to assure compliance with the terms hereof or to evaluate performance hereunder. Monitoring activities controlled by DOR shall not unduly interfere with COP's performance hereunder. 8. CONFIDENTIAL INFORMATION -STATE RECORDS All COP employees, participating members or subcontractors handling, processing or having access to the information, files or documents shall read, understand and affirm Exhibit B, "Statement of Confidentiallity ", attached and incorporated herein, by affixing his /her signature and submitted the signed statements to COP. These statement shall be maintained by COP and made available to DOR upon DOR's request. As required by C.R.S. 42 -1 -208 and C.R.S. 24 -72 -204, COP has signed and submitted Exhibit C, "Bulk Records Request Release and Affidavit of Intended Use ", attached and incorporated herein. COP shall comply with the provisions of this Section 8 if it becomes privy to confidential information in connection with its performance hereunder. Confidential information includes, but is not necessarily limited to, any state records, personnel records, and information concerning individuals. Such information shall not include information required to be disclosed pursuant to the Colorado Open Records Act, CRS §24 -72- 200.1, et seq. A. Confidentiality COP shall keep all State records and information confidential at all times and comply with all laws and regulations concerning confidentiality of information. Any request or demand by a third party for State records and information in the possession of COP shall be immediately forwarded to the State's principal representative. B. Notification COP shall notify its agent, employees, subcontractors or assignees that may come into contact with State records and confidential information that each is subject to the confidentiality requirements set forth herein, and shall provide each with a written explanation of such requirements before permitting them to access such records and information. C. Use, Security, and Retention Confidential information of any kind shall not be distributed or sold to any third party or used by COP, its subcontractors, or their respective employees or agents in any way, except as authorized by this Agreement or approved in writing by the DOR. COP shall provide and maintain a secure environment that ensures confidentiality of all DOR records and other confidential information wherever located. Confidential information shall not be retained in any files or otherwise by COP or its agents, except as permitted in this Contract, or approved in writing by the DOR. All confidential information, DOR data of any kind shall be stored, processed, or transferred only in or to facilities located within the United States. D. Protection If COP or any of its subcontractors provides physical or logistical storage, processing or transmissions of confidential information or sensitive DOR data, COP shall provide, and shall cause its subcontractors to provide, physical and logical protection for DOR hardware, software, applications and data that meet or exceed industry standards and requirements as set forth in this Agreement. COP shall provide the DOR with access, subject to COP's reasonable access security requirements, seven (7) days a week, twenty -four (24) hours a day, for the purpose of inspecting and monitoring access and use of DOR data, maintaining DOR systems, and evaluating physical and logical security control effectiveness. COP, if it retains, stores, or is given protected or confidential information, at all times shall maintain, and shall cause its subcontractors to maintain, network, system, and application security, which includes network firewalls, intrusion detection, and annual security testing. Neither COP nor its subcontractors shall have any rights to use or access any DOR or other State agency data or information, except with the prior written approval of the DOR. COP shall review, on a semi - annual basis, the Colorado Cyber Security Program (CCSP), posted at http: / /www.colorado.gov /cs/ Satellite /Cyber/CSIO/1207820732279, and its related documents, including its policies and procedures to ensure compliance with the standards and guidelines published therein. COP shall cooperate, and shall cause its subcontractors to cooperate, with performance of security audit and penetration tests by CSIO. COP shall follow, and shall cause its subcontractors to follow, the State's Data Handling and 3 Disposal policy, which can be found at www. colorado .gov /oit /security_olicies. If requested by the DOR, COP shall perform, and shall cause its subcontractors to perform, in a form reasonably acceptable to the DOR and at no additional cost to the DOR, current background checks on all its respective employees and agents performing services or having access to DOR confidential information provided under this Agreement. A background check shall be performed within thirty (30) days prior to the date such employee or agent begins performance or obtains access shall be deemed to be current. E. Security- Notice COP is responsible for the security of all information provided to it by the DOR. If information is provided to COP or any subcontractor by the DOR, COP shall comply, and shall cause its subcontractors to comply, with the State's Cyber Security Policies, which the CSIO has promulgated pursuant to CRS § §24- 37.5 -401 through 406 and 8 CCR 1501 -5. The Policies are posted at http : / /www.colorado.gov /cs /Satel lite /Cyber /CSIO/ 1207820732279. F. Security Breach Remediation If COP becomes aware of a data security breach, it shall notify the DOR immediately and cooperate with the DOR regarding recovery, remediation, and the necessity to involve law enforcement, if any. Unless COP can establish that COP or any of its subcontractors is not the cause or source of the breach, COP shall be responsible for the cost of notifying each Colorado resident and residents of other states whose personal information may have been compromised. Notice shall be made as soon as possible within the legitimate needs of law enforcement and according to the requirements of the DOR. COP shall be responsible for performing an analysis to determine the cause of the breach, and for producing a remediation plan to reduce the risk of incurring a similar type of breach in the future. COP shall present such analysis and remediation plan to the DOR within ten (10) days of notifying the DOR of the data security breach. The DOR reserves the right to adjust this plan, in its sole discretion. If COP cannot produce the required analysis and plan within the allotted time, the DOR, in its sole discretion, may perform such analysis, produce a remediation plan, and COP shall reimburse the DOR for reasonable costs thereof. A breach of Personal Identity Information (PII) shall have occurred when there has been unauthorized acquisition of unencrypted PII data (electronic or otherwise) used in performance of this Agreement, or any subcontract from the COP's or any subcontractors possession which compromises security, confidentiality, or integrity of such PII. COP agrees to be liable for any unauthorized disclosure of PII in its possession or in the possession of its subcontractors as if COP was the owner of the data. COP acknowledges that any breach of PII is a material breach of this Agreement. COP shall notify the DOR immediately of any breach or suspected breach, but in no event later than twenty -four (24) hours after COP learns of suspected breach. The DOR may establish required remediation procedures and COP shall comply without limitation as directed by the DOR. COP shall bear all costs of such remediation. G. Disclosure - Liability Disclosure of DOR records or other confidential information by COP or any subcontractor, for any reason may be cause for legal action by third parties against COP, the DOR or their respective subcontractors or agents. COP shall indemnify, save, and hold harmless the DOR, its employees and agents, against any and all claims, damages, liability and court awards including costs, expenses, and attorney fees and related costs, incurred as a result of any act or omission by COP, or its employees, agents, subcontractors, or assignees pursuant to this Section 9. Any other provision of this Agreement, notwithstanding, COP shall be liable to the DOR for all consequential and incidental damages arising from a data security breach. H. End of Agreement Data Handling Upon request by the DOR made before or within sixty (60) days after the Effective Date of termination of the Agreement, COP will make available to the DOR a complete and secure (i.e. encrypted and appropriately authenticated), download file of all system data in XML format, including all schema and transformation definitions, and/or delimited text files with documented, detailed schema definitions along with attachments in their native format. The Parties agree that on the termination of the provision of data processing services, the COP shall, at the choice of the DOR, return all the personal data transferred, and the copies thereof to the DOR, or shall destroy 4 all the personal data and certify to the DOR that it has done so, unless legislation imposed upon the COP prevents it from returning or destroying all or part of the data transferred. In that case, the COP warrants that it will guarantee the confidentiality of the data transferred and will not actively process the data transferred anymore. I. Disposition of Data The DOR retains the right to use the established operational services to access and retrieve DOR data content stored on COP's infrastructure at its sole discretion. The COP and subcontractor warrant that upon request of the DOR and/or of the supervisory authority, the COP will submit its data processing facilities for an audit of the measures referred to in §8.D. The State reserves all right, title and interest, including all intellectual property. and proprietary rights, in and to system data and content. J. Safeguarding Personal Identifiable Information (PII) If COP or any of its subcontractors will or may receive PII under this Agreement, COP shall provide for the security of such PII, in a form acceptable to the DOR, including, without limitation, non - disclosure, use of appropriate technology, security practices, computer access security, data access security, data storage encryption, data transmission encryption, security inspections and audits. COP shall take full responsibility for the security of all data in its possession or in the possession of its subcontractors, and shall hold the DOR harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. 9. FAILURE TO PERFORM — BREACH AND REMEDIES A. Defined In addition to any breaches specified in other sections of this Agreement, the failure of either Party to perform any of its material obligations hereunder, in whole or in part or in a timely or satisfactory manner, constitutes a breach. The institution of proceedings under any bankruptcy, insolvency, reorganization or similar law, by or against COP, or the appointment of a receiver or similar officer for COP or any of its property, which is not vacated or fully stayed within 20 days after the institution or occurrence thereof, shall also constitute a breach. B. Notice and Cure Period In the event of a breach, notice of such shall be given in writing by the aggrieved Party to the other Party in the manner provided in Section 10. If such breach is not cured within 30 days of receipt of written notice, or if a cure cannot be completed within 30 days, or if cure of the breach has not begun within 30 days and pursued with due diligence, the State may exercise any of the remedies set forth in §15. Notwithstanding anything to the contrary herein, the State, in its sole discretion, need not provide advance notice or a cure period and may immediately terminate this Agreement in whole or in part if reasonably necessary to preserve public safety or to prevent immediate public crisis. 10. NOTICE AND REPRESENTATIVES Each individual identified below is the principal representative of the designating Party. All notices required to be given hereunder shall be hand delivered with receipt required or sent by certified or registered mail to such Party's principal representative at the address set forth below. In addition to, but not in lieu of a hard -copy notice, notice also may be sent by e -mail to the e -mail addresses, if any, set forth below. Either Party may from time to time designate by written notice substitute addresses or persons to whom such notices shall be sent. Unless otherwise provided herein, all notices shall be effective upon receipt. City of Pueblo: Department of Revenue: William A. Martinez Dylan Ikenouye Municipal Court Judge Administrative Services Manager City of Pueblo, Colorado Title and Registration Section 200 South Main Street 1881 Pierce Street, Room #144 Pueblo, CO 81003 Lakewood, CO 80214 wmartinez @pueblo.co dylan.ikenouyeAstate.co.us 303 - 205 -5799 with a copy to: 5 Roger Thomte Colorado Department of Revenue Room 427 PO Box 17087 Denver, CO 80217 -0087 roger.thomte@state.co.us state.co.us 303 -866 -2812 11. GENERAL PROVISIONS A. Assignment The rights and obligations of each Party hereunder are personal to such Party and may not be transferred, assigned or subcontracted without the prior, written consent of the other Party. The Parties acknowledge and agree that Tyler Technologies, Inc. is COP's Court Case Management System developer and interface and that ongoing support duties and obligation under this agreement will be delegated to Tyler Technologies, Inc. COP shall be solely responsible for all aspects of subcontracting arrangements and performance. B. Order of Precedence In the event of conflicts or inconsistencies between this Agreement and its exhibits and attachments, such conflicts or inconsistencies shall be resolved by reference to the documents in the following order of priority: 1) Colorado Special Provisions, 2) the provisions of this Agreement, 3) Exhibit A, 4) Exhibit C 5) Exhibit B C. References All references in this Agreement to sections, subsections, exhibits or other attachments, are references to sections, subsections, exhibits or other attachments contained herein or incorporated as a part hereof, unless otherwise noted. D. Third Party Beneficiaries- Negation Enforcement of all rights and obligations hereunder are reserved solely to the Parties. Any services or benefits which third parties receive as a result of this Agreement are incidental and do not create any rights for such third parties. E. Non - exclusive rights It is understood and agreed by the COP that DOR does not grant the COP exclusive rights to provide the products and /or services under this Agreement. DOR reserves the right to contract with and purchase products and services from persons and entities other than the COP, as may be in the best interest of DOR. This Agreement shall remain in full force and effect should the DOR enter into other contracts for the same or similar goods and services as provided under this Agreement. F. Press Contacts /News Releases The COP shall not initiate any press and/or media contact nor respond to press /media requests regarding this Agreement and/or any related matters concerning the DOR without the prior written approval of DOR. G. Cooperation of the Parties The COP and DOR agree to cooperate fully, to work in good faith, and to mutually assist each other in the performance of this Agreement. In connection herewith, the parties shall meet to resolve problems associated with this Agreement. Neither party will unreasonably withhold its approval of any act or request of the other to which the party's approval is necessary or desirable. 12. COLORADO SPECIAL PROVISIONS 6 A. CONTROLLER'S APPROVAL. CRS §24 -30- 202(1). This contract shall not be valid until it has been approved by the Colorado State Controller or designee. B. FUND AVAILABILITY. CRS §24 -30- 202(5.5). Financial obligations of the State payable after the current fiscal year are contingent upon funds for that purpose being appropriated, budgeted, and otherwise made available. C. GOVERNMENTAL IMMUNITY. No term or condition of this contract shall be construed or interpreted as a waiver, express or implied, of any of the immunities, rights, benefits, protections, or other provisions, of the Colorado Governmental Immunity Act, CRS §24 -10 -101 et seq., or the Federal Tort Claims Act, 28 U.S.C. § §1346(b) and 2671 et seq., as applicable now or hereafter amended. D. INDEPENDENT CONTRACTOR. Contractor shall perform its duties hereunder as an independent contractor and not as an employee. Neither contactor nor any agent or employee of Contractor shall be deemed to be an agent or employee of the State. Contractor and its employees and agents are not entitled to unemployment insurance or workers compensation benefits through the State and the State shall not pay for or otherwise provide such coverage for Contractor or any of its agents or employees. Unemployment insurance benefits will be available to Contractor and its employees and agents only if such coverage is made available by Contractor or a third party. Contractor shall pay when due all applicable employment taxes and income taxes and local head taxes incurred pursuant to this contract. Contractor shall not have authorization, express or implied, to bind the State to any agreement, liability or understanding, except as expressly set forth herein. Contractor shall (a) provide and keep in force workers' compensation and unemployment compensation insurance in the amounts required by law, (b) provide proof thereof when requested by the State, and (c) be solely responsible for its acts and those of its employees and agents. E. COMPLIANCE WITH LAW. Contractor shall strictly comply with all applicable federal and State laws, rules, and regulations in effect or hereafter established, including, without limitation, laws applicable to discrimination and unfair employment practices. F. CHOICE OF LAW. Colorado law, and rules and regulations issued pursuant thereto, shall be applied in the interpretation, execution, and enforcement of this contract. Any provision included or incorporated herein by reference which conflicts with said laws, rules, and regulations shall be null and void. Any provision incorporated herein by reference which purports to negate this or any other Special Provision in whole or in part shall not be valid or enforceable or available in any action at law, whether by way of complaint, defense, or otherwise. Any provision rendered null and void by the operation of this provision shall not invalidate the remainder of this contract, to the extent capable of execution. G. BINDING ARBITRATION PROHIBITED. The State of Colorado does not agree to binding arbitration by any extra judicial body or person. Any provision to the contrary in this contact or incorporated herein by reference shall be null and void. H. SOFTWARE PIRACY PROHIBITION. Governor's Executive Order D 002 00. State or other public funds payable under this contract shall not be used for the acquisition, operation, or maintenance of computer software in violation of federal copyright laws or applicable licensing restrictions. Contractor hereby certifies and warrants that, during the term of this contract and any extensions, Contractor has and shall maintain in place appropriate systems and controls to prevent such improper use of public funds. If the State determines that Contractor is in violation of this provision, the State may exercise any remedy available at law or in equity or under this contract, including, without limitation, immediate termination of this contract and any remedy consistent with federal copyright laws or applicable licensing restrictions. I. EMPLOYEE FINANCIAL INTEREST /CONFLICT OF INTEREST. CRS § §24 -18 -201 and 24 -50- 507. The signatories aver that to their knowledge, no employee of the State has any personal or beneficial interest whatsoever in the service or property described in this contract. Contractor has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with the performance of Contractor's services and Contractor shall not employ any person having such known interests. J. VENDOR OFFSET. CRS § §24 -30 -202 (1) and 24 -30- 202.4. [Not Applicable to intergovernmental agreements] Subject to CRS §24 -30 -202.4 (3.5), the State Controller may withhold payment under the State's 7 vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts or child support arrearages; (b) unpaid balances of tax, accrued interest, or other charges specified in CRS §39 -21 -101, et seq.; (c) unpaid loans due to the Student Loan Division of the Department of Higher Education; (d) amounts required to be paid to the Unemployment Compensation Fund; and (e) other unpaid debts owing to the State as a result of final agency determination or judicial action. K. PUBLIC CONTRACTS FOR SERVICES. CRS §8 -17.5 -101. [Not Applicable to agreements relating to the offer, issuance, or sale of securities, investment advisory services or fund management services, sponsored projects, intergovernmental agreements, or information technology services or products and services] Contractor certifies, warrants, and agrees that it does not knowingly employ or contract with an illegal alien who will perform work under this contract and will confirm the employment eligibility of all employees who are newly hired for employment in the United States to perform work under this contract, through participation in the E- Verify Program or the Department program established pursuant to CRS §8- 17.5-102(5)(c), Contractor shall not knowingly employ or contract with an illegal alien to perform work under this contract or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this contract. Contractor (a) shall not use E- Verify Program or Department program procedures to undertake pre- employment screening of job applicants while this contract is being performed, (b) shall notify the subcontractor and the contracting State agency within three days if Contractor has actual knowledge that a subcontractor is employing or contracting with an illegal alien for work under this contract, (c) shall terminate the subcontract if a subcontractor does not stop employing or contracting with the illegal alien within three days of receiving the notice, and (d) shall comply with reasonable requests made in the course of an investigation, undertaken pursuant to CRS §8- 17.5 - 102(5), by the Colorado Department of Labor and Employment. If Contractor participates in the Department program, Contractor shall deliver to the contracting State agency, Institution of Higher Education or political subdivision a written, notarized affirmation, affirming that Contractor has examined the legal work status of such employee, and shall comply with all of the other requirements of the Department program. If Contractor fails to comply with any requirement of this provision or CRS §8- 17.5 -101 et seq., the contracting State agency, institution of higher education or political subdivision may terminate this contract for breach and, if so terminated, Contractor shall be liable for damages. L. PUBLIC CONTRACTS WITH NATURAL PERSONS. CRS §24- 76.5 -101. Contractor, if a natural person eighteen (18) years of age or older, hereby swears and affirms under penalty of perjury that he or she (a) is a citizen or otherwise lawfully present in the United States pursuant to federal law, (b) shall comply with the provisions of CRS §24- 76.5 -101 et seq., and (c) has produced one form of identification required by CRS §24- 76.5 -103 prior to the effective date of this contract. 13. SIGNATURE PAGE 8 13. SIGNATURE PAGE THE PARTIES HERETO HAVE EXECUTED THIS INTERGOVERNMENTAL AGREEMENT * Persons signing for Parties hereby swear and affirm that they are authorized to act on behalf of their respective Party and acknowledge that the other Party is relying on their representations to that effect. STATE OF COLORADO John W. Hickenlooper, Governor CITY OF PUEBLO DEPARTMENT OF REVENUE For the Executive Director Date: 1 2- — Z 3 - (3 L . _' Date: /3C>1 l+ ATTEST: City Clerk ALL CONTRACTS REQUIRE APPROVAL BY THE STATE CONTROLLER STATE CONTROLLER Robert Jaros, CPA, MBA, JD By: Department.: evenue Date: 1 1 itI 9 1 • Exhibit A Statement of Work 1. DOR, through the Colorado State Title and Registration System (CSTARS) maintain by the Governor's Office of Information of Technology (OIT), shall electronically transfer a one -time batch run and provide nightly updates of limited motor vehicle registration information of the following fields to COP; Transaction ID (TX ID), Licensed Vehicle Type, Licensed Plate Type, Plate Number, Previous Vehicle Type, Previous Plate Type, Previous Plate Number, VIN, Vehicle Year, Vehicle Make, Vehicle Body, Owner Name 1, Owner Name 2, Legal Address, Legal City, Legal State, Legal Zip5, Legal Zip4, Mailing Address, Mailing City, Mailing State, Mailing Zip5, Mailing Zip4, Business Date, Expiry Date, Workflow ID, and Title Number. 2. The Change Indicator field shall contain the following codes: U, I and D indicating whether to Update, Insert or Delete said transferred field within COP's database. 3. In the event that a failure in technology or another unforeseen event causes an extended delay in services rendered, DOR, through OIT, shall attempt to contact COP as soon as possible in order to make them aware of the event and any information regarding an estimated time of resolution. DOR or OIT shall not email or provide data to COP through any other means except the secure FTP (SFTP) process hosted on the DOR's FTP server. RECORD LAYOUT FOR COP VIPER INTERFACE 1. DOCUMENT DEFINITIONS ' k, {� r w - "xT ° ,4 ^ - 7,, �t '..ay , ; ` 3 . C °_. '°'v µ�.��, x " { ;� P �� � �r°ai „ L � � m `' A ��� � � 2��ta1 � N O ' , b r t _ a � s+ �� ''�� Interface Type One -Way Batch File is generated by sender Initiating Party Entity Name Entity responsible for file generation and placement in specified location Delivery Format Fixed Length Text File Each field has a specified length and there are no field delimiters, no row delimiters Fixed Length Text File with Each field has a specified length, no field row delimiter delimiters, and there is a row delimiter Delivery Secure FTP (SFTP) Method Frequency Multiple Per Day: [every xx] Multiple times per day every [xx] Daily: Workweek Once per day Monday — Friday Daily Once per day every calendar day Weekly: [day of week] Once per week on [day] Monthly: [day of month] Once per month on [day] Sort Order Field Name: [xx] [asc /desc] Sort records by field [xx] [asc /desc] Header /Trailer Yes Header and /or Trailer Records Required and Format No None Type A = Alpha May contain only alpha characters 10 AN = Alpha/Num May contain alpha or numeric characters N = Num May contain only numeric characters F = Num /Dec [xxx.xx] Numeric characters with embedded decimal FA = Num /Dec [x] Numeric characters with assumed decimal position of [x] S = String All characters, numbers, and symbols Length [ #] [ #] Number of characters if fixed length Pad LB Blanks filled on the left LZ Zeros filled on the left RB Blanks filled on the right RZ Zeros filled on the right Validation Description of field validation required, or list of acceptable field values INTERFACE SPECIFICATIONS 2.1. Data Transmission All file transmissions will be done via secure FTP (SFTP) hosted on DOR'S FTP server. Outgoing files related to section 3.2 & 3.3 from DOR to Requesting Entity will be placed in the /DMV_Out. Incoming files related to section 3.1 from Requesting Entity to DOR will be placed in the /DMV_In folder. All DOR Related Outgoing files from DOR to Requesting Entity will be placed in the /DOR_Out folder. All DOR Related Incoming files from DOR to Requesting Entity will be placed in the /DOR_In folder Server Name: Tumbleweed 2.2. Documentation None 2.3. Process Description DOR requires the license plate number from requesting entity to facilitate any DOR Records request for registered owner information: Registered Owner Request File L Response File — Response File — Regular Plates Temporary Plates (3.21 (3.31 11 r : . 3. INTERFACES 3.1.Registered Owner Request File Interface DOR rquires the license plate number from requesting entity to facilitate any DOR records request for registered owner information. Interface Type: One Way Batch Initiating Party: Requesting Entity Delivery Format: Fixed Length Text File with row delimiter Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be placed in the /DMV_In directory. Frequency: Daily, Monday through Friday, excluding holidays Sort Order: None File Name: YYYYMMDD - HHMMSS- PMIN.TXT Header/Trailer: No i 1 The plate number Plate Number AN 7 1 7 RB Padded with 'Spaces' Workflow Id A 34 8 41 LZ The unique identifier of the transaction. Padded with '0' 3.1.1. Request File Interface FTP Clean -up DOR is responsible for clean -up of request files on DOR's FTP site once DOR has processed the request file. 3.2. Response File Interface — Regular Plates DOR will return registered owner information for the Iicene plate requests. Interface Type: One -Way Batch Initiating Party: DOR Delivery Format: Fixed length Text File Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be placed in the /DMV_Out directory. Frequency: Monthly, on the first of the month. Should the first of the month fall on a weekend or holiday, the data will be delivered the next business day. Sort Order: None File Name: pmout_YYYYMMDD.TXT Header/Trailer: No 12 y . � a ir cgs to ar fla. £ab :' roiWitiy u r i � � { n a j " ids k ( r ' ' t'kc r,:, P , r v'a r c + n r ,3> ^t� � i 4' :wS , ,z, %aF�ry4 ; ' r a c ` ; 144 Y , ,, X , ,a„ �' r :s„ y' ,, �,+ ''' rt.r` t` ,,' t ? ` �Y I ' i Y y i � TM ;; '� � a ¢ 6 �S ,YrS � c� �� a: f. � S i, j � , � 45 I g ft�l ��a t' ? T � x'�' 4 4r �� g'- �.3�.. $ �w a.;. , � ;r :,% �." l e...., , ,:e' : '' `� P '?::' Y_ , 4:Y•:.. a.4r,5°, .l s ' w` � a, :ljc01W,', ". ; ,' , 5 . x 4GU� ,. 4,.. :.4� ` ,..3. ',:; :: t,c27,, h .�%', .'. Licensed Vehicle A 3 1 3 Vehicle Type Type Licensed Plate Type S 3 5 7 Plate Type Plate Number AN 7 8 14 RB Plate Number Previous Vehicle Type A 3 16 18 Previous vehicle type Previous Plate Type S 3 _ 20 22 Previous Plate type Previous Plate Previous Plate Number AN 7 23 29 RB Number VIN AN 17 31 47 RB VIN Vehicle Year N 4 49 52 Vehicle Year Vehicle Make A 4 53 56 Make Vehicle Body A 2 57 58 Body Name S 36 59 94 RB Owner Name 1 Name S 36 95 130 RB Owner Name 2 Legal Address S 26 131 156 RB Legal Address Legal City S 13 157 169 RB Legal City Legal State A 2 170 171 Legal State Legal Zips N 5 172 176 Legal Zip 5 Legal Zip4 N 4 177 180 Legal Zip 4 Mailing Address S 26 181 206 RB Mailing Address Mailing City S 13 207 219 RB Mailing City Mailing State A 2 220 221 Mailing State Mailing ZipS N 5 222 226 Mailing ZipS Mailing Zip4 N 4 227 230 Mailing Zip4 Business Date N 8 231 238 Business Date MMDDYYYY Expiry N 6 239 244 N rY Date Expiry Date MMDDYYYY P Workflow ID N 34 245 278 LZ Workflow ID Unknown N 41 279 319 RB Unknown Title Number AN 9 320 328 RB 3.2.1. Response Plate File FTP Clean -up COP is responsible for clean -up of response files on DOR's FTP site once COP has processed the response file. 3.3. Response Temporary Plate File Interface DOR will return registered owner information for the licene plate requests. 13 i Interface Type: One -Way Batch Initiating Party: DOR Delivery Format: Fixed length Text File Delivery Method: Secure FTP on a DOR hosted SFTP server. The file will be place in the /DMV_Out directory. Frequency: Monthly, on the first of the month. Should the first of the month fall on a weekend or holiday, data will be delivered the next business day. Sort Order: None File Name: pmtout_YYYYMMDD.TXT Header/Trailer: No # u.. ra i ; +iki l: n 5 yx ' .ua� - 'y , ';y I'd u `4�., p v t k t, ^ r ??; r r,' "#^ N : if ,'', .'' ys', ∎ ' r u # r�` f f * x , ' q, , 4 ri d + , ''; 4 -: 'i ° r ''Fr. x; ti; ' t� &s :' 4� �irr//,t,;�, � tv.q ,; , pro. . f ' A+ i 4,{ ;;: . * - i t ,:'; vt, ) }. $ , , " .a -, rn ,y d ,. "`�a . ; r -.. � .'. ^� � .. { c� z r e da�i4 �"'�t 4.&#�,Y � B? � kl� f 4:'P .�u �� " # };IA.) `.�`a� { 1 :4 d! _i . . J „ i 1. I S , (N�. s• iT,� t ,�} j� s i cC '� { # � � .. k p `J e "1,14,0,11.1.,' �.�, i �. � a � w �� a. " # „ � t,f�:;.E�.3 ' a R�.;'��.,�''. t����� 'ar ?�i� *:L..:c._ � �:�» „'. �.,+,�Nr �;t�. �n s�!'�.�.i w�:�! ��� ��<t,��;d'��v,. xz.. k:,l�.� .rs,. rz� `�.4.. �., .v s � +.,�i. !a F ,. v' , r,t5.,.,� �'4,:' Licensed Vehicle A 3 1 3 Vehicle Type Type Licensed Plate Type S 3 5 7 Plate Type Plate Number AN 7 8 14 RB Plate Number Previous Vehicle Type A 3 16 18 Previous vehicle type Previous Plate Type S 3 20 22 Previous Plate type Previous Plate Previous Plate Number AN 7 23 29 RB Number VIN AN 17 31 47 RB VIN Vehicle Year N 4 49 52 Vehicle Year Vehicle Make A 4 53 56 Make Vehicle Body A 2 57 58 Body Name S 36 59 94 RB Owner Name 1 Name S 36 95 130 RB Owner Name 2 Legal Address S 26 131 156 RB Legal Address Legal City S 13 157 169 RB Legal City Legal State A 2 170 171 Legal State Legal Zips N 5 172 176 Legal Zip 5 Legal Zip4 N 4 177 180 Legal Zip 4 Mailing Address S 26 181 206 RB Mailing Address Mailing City S 13 207 219 RB Mailing City Mailing State A 2 220 221 Mailing State Mailing ZipS N 5 222 226 Mailing ZipS Mailing Zip4 N 4 227 230 Mailing Zip4 Business Date N 8 231 238 Business Date MMDDYYYY Expiry N 6 239 244 N ry Date Expiry Date MMDDYYYY p Workflow ID N 34 245 278 LZ Workflow ID 14 • Unknown N 41 279 319 RB Unknown Title Number AN 9 320 328 RB 3.3.1. Result Temporary Plate File FTP Clean -up COP is responsible for clean -up of response files on DOR's FTP site once COP has processed the response file. • 15 Exhibit B STATE OF COLORADO DEPARTMENT OF REVENUE STATEMENT OF CONFIDENTIALITY As an employee, participating member or subcontractor of City of Pueblo, Colorado ( "COP "), you may have access to State of Colorado, Department of Revenue ( "DOR ") Title and Registration records ( "Records "). The confidentiality of the information contained within these Records shall be maintained at all times. Such Records or information shall not be distributed, sold or shared with any third party by you except as expressly authorized by DOR nor used by you for personal use or gain. You also understand that you are subject to legal action should you disclose or misuse Record information and that DOR shall not defend you against any such legal action. Pursuant to C.R.S. 42 -1 -206, any person who willfully and knowingly obtains, resells, transfers or uses information in violation of law shall be liable to any injured party for treble damages, reasonable attorneys' fees, and costs. Other civil and criminal laws may also apply. I,41, 74„ 0 0. fdf & hereby acknowledge that I am and shall remain in compliance with all State and Federal laws and the contractual terms and conditions between COP and DOR pertaining to the security and confidentiality of the Records. I agree to fully cooperate with DOR or legal authorities for any investigation of these requirements that DOR or legal authorities wish to commence. I hereby acknowledge and agree to the requirements of the foregoing notice. Signature // Comp. y N. ' e Print name Date a / e / / a / L� iltr itle 16 EA w��)T BULK RECORDS REQUEST RELEASE AND AFFIDAVIT OF INTENDED USE §42 -1 -208 and §24-72 -204 (Driver Privacy Protection Act 18USC2721) The Department or the Department's authorized agent shall deny inspection of any motor vehicle or driver record to any person other than a person of Interest, or a federal, state, or local government agency carrying out its official functions, who has not signed and returned this Affidavit of Intended Use. REQUESTOR INFORMATION Organization Name: City of Pueblo, Colorado a ing as an agent or an au onz• • user, name e company or en on w ose .e a' .8 a is requests.: Full Name: TT'�tle: William A Martinez Municipal Court Judge Address: 200 South Main Street Pueblo, CO 81003 Phone: Email: 719- 562 -3800 wmartlnez @pueblo.us INFORMATION MAY BE USED ONLY FOR THE FOLLOWING APPROVED PERMISSIBLE USE: (CHECK 1 BOX ONLY) • By a government agency, Including any court or law enforcement agency performing its functions for an approved purpose under DPPA ❑ By an agency charged with driver /motor vehicle safety or theft including: MV product alterations, recalls, advisories, My performance monitoring, MV parts /dealers, MV market research or surveys, removal of non -owner records from original owner records of MV manufacturers By a business that will use the Information to verify the accuracy of information submitted by Individuals for the purposes of preventing fraud, pursuing legal remedies against or recovering a debt or security interest ❑ In connection with a civil, criminal, administrative or arbltral proceeding in any court or before a self - regulatory body, including process service, Investigation, execution of Judgment, or pursuant to a court order ❑ In research activities (the Information may not be published, re- disclosed, or used to contact the parties) El By an Insurer or insurance support agency in connection with claims, investigations, anti -fraud activities, rating or underwriting ❑ To provide notice to owners of towed or impounded vehides ❑ By an employer /agent or insurer of a Commercial Driver's License holder In the operation of private toll facilities Preferred Method of Receipt (F"TP. mail. etc.): FTP Frequency with which data is required (Weekly, Monthly, etc.): Monthly Reason for Reauest. Be as Soecific as Possible: Vehicle owner information Is required to process perking tickets. We currently have thls interface, but are implementing a new court case management system (Tyler Inc. INCODE system). We went to implement the most current process. We need authorization as well for developers from Tyler Technologies Inc. to establish the interface and provide ongoing support — Data Fields Reauested. Be as Soecific as Possible: Please see attached sheet for the record definition that Tyler Inc uses for import. Under penalty of perjury, l attest that I shall not obtain, resell, transfer, or use the Information in any matter prohibited by law. I understand that motor vehicle or driver records that are obtained, resold, or transferred for purposes prohibited by law may subject me to civil penalties under federal and state law. Prt d /4 i At L s Lure: /e4,24 0 E00 /Z00@J / xva zc ;OT ans. ET-OZ/80/01. Gilt 0 F0"ue-4/re �a 1 :( t t 1 y r s e-3r � :'r �.� # ,i t �, �, at ��.t � . *�,:�� f; . ��:. . xz�°a x �°��� � #�h��i k`.�"b`"u��n�xr�`� �'�v ,,:��' ,i '���' �.+ � � -� �sq ;��`�#��,«a*`»�, �Y � l �r "t' � �H�N �S'�.7% e�r�.�"', �:�;" UCENSE VEHICLE TYPE 1 k 4 3 n u 4 5 1 LICENSE PLATY TYPE 5 8 3 1 ,. PLATE NUMBER 8 15 7 [SPACE] 15 16 1 PREVIOUS UC VEHICLE TYPE 16 : 19 3 19 20 1 PREVIOUS UC PLATE TYPE 20 23 3, PREVIOUS PLATE NUMBER 23 30 7 [SPACE] 30 31 1 VEHICLE VIN 31 48 17 [SPACE] . 48 49 1 VEHICLE YEAR 49 53 4 VEHICLE MAKE 53 56 3 I VEHICLE BODY 55 58 2 VEI -IICLE OWNER 1 58 36 VEHICLEDRIVERI 94 130 36 RESIDENTIAL ADDRESS STREET 130 156 26 RESIDENTIAL ADDRESS CITY 156 169 13 RESIDENTIALADDRESS STATE 169 171 2 RESIDENTIAL ADDRESS ZIP CODE 1 171 176 5 RESIDENTIAL ADDRESS ZIP CODE 2 176 180 4 MAILING ADDRESS STREET 180 206 26 MAILING ADDRESS CITY 206 219 13 MAILING ADDRESS STATE 219 221 - ' 2 MAILING ADDRESS ZIP CODE1 221 226 5 MAILING ADDRESS ZIP 'CODE 2 226 230 4 ` BUSINESS DATE 230 238 8 EXPIRATION DATE 238 244 6 USER INFO {QUID} - - 244 317 73 COUNTY CODE 317 319 2 ';':. 319 1 , TUNE FEEDI P ? 1 Tuesday, OCt 08, 2013 08 ;13 AM E00 /EOOI�J �� / — — xtit3 E9 ;OZ ans ETOZ /80/01