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.
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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
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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
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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
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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:
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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
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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
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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
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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
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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
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��.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