HomeMy WebLinkAbout2015 Ordinance No. 007•
ORDINANCE NO . .2._
SERIES OF 2015
BY AUTHORITY
COUNCIL BILL NO. 4
INTRODUCED BY COUNCIL
MEMBER GILLIT
AN ORDINANCE AUfHORlZING AN INTERGOVERNMENTAL AGREEMENT WITH
THE STATE OF COLORADO, DMSION OF MOTOR VEHICLES REGARDING THE
SHARING OF VEIIlCLE OWNERSHIP INFORMATION.
WHEREAS, Article XIV, Section 18(2){a) of the Colorado Constitution and Part 2, Article 1,
Title 29, C.R.S., encourage and authorize governments to cooperate and contract with one
another to provide any function, service, or facility lawfully authorized to each; and
WHEREAS, Vehicle ownership information associated with vehicle license plates is necessary
for the enforcement and collection of parking tickets; and
WHEREAS, the most cost effective way to acquire this information is electronically from the
state's Division of Motor Vehicles; and
WHEREAS, the Division of Motor Vehicles is willing to share that information with the
Municipal Court by electronic transfer of information; and
WHEREAS, the Division of Motor Vehicles does not charge the Municipal Court for access to
this information.
NOW, THEREFORE, BE IT ORDAJNED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, THAT:
Section 1. The City Council of the City of Englewood, Colorado hereby approves the
Intergovernmental Agreement with the State of Colorado, Division of Motor Vehicles, attached
hereto as Exhibit A.
Section 2. The Mayor is hereby authorized to sign the Ordinance and intergovernmental
agreement and the Court Administrator is authorized to sign the Records Request on behalf of the
City of Englewood.
Introduced, read in full, and passed on first reading on the 17th day of February, 2015.
Published by Title as a Bill for an Ordinance in the City's official newspaper on the 19th day of
February, 2015 .
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Published as a Bill for an Ordinance on the City's official website beginning on the 18th day of •
February, 2015 for thirty (30) days.
Read by title and passed on final reading on the 2nd day of March, 2015.
Published by title in the City's official newspaper as Ordinance No. !J_. Series of 2015, on
the 5th day of March, 2015.
Published by title on the City's official website beginning on the 4th day of
March, 2015 for thirty (30) days.
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I, Loucrishia A. Ellis, City Clerk of the City of Englewood, Colorado, hereby certify that the
above and foregoing is ~e copy of the Ordinance passed on final reading and published by
title as Ordinance No.+ Series of 2015. -·I% •
Loucrishia A. Ellis
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STATE OF COLORADO
Colorado Department of Revenue
Division of Motor Vehicles, Titles and Registration Section
INTERGOVERNMENTAL AGREEMENT
with
Citv of Enszlewood
TABLE OF CONTENTS
1. PARTIES ...................................................................................................... .
2. EFFECTIVE DATE AND NOTICE OF NONLIABILITY ............................................ .
3. RE,CITALS .................................................................................................... .
4. TERM ......................................................................................................... .
s. STAIB~ OF WORK ......................................... I •••••••••••••••••••••••••• I •••••••••••••
6. NO COST A OREE~ ................................................................................ .
7. RECORDS -MArn'TEN.ANCE .AND IN'SPECTION .................................................. .
8. CONFIDENTIAL INFORMATION -STA'IE RECORDS .......................................... .
9. FAIL URE TO PERFORM -BREACH .AND REMEDIES ......................................... ..
10. NOTICE AND REPRESENrATIONS .................................................................. .
11. GENE.RAL PROVIS! ONS ..••...........•...•..•.....••..........•....•.......•..••.....•...........••....•
12. SPECIAL PROVISIONS ................................................................................... .
13. SIONATU'RE PAGE ..•....•...•..............•.......••..•..•........•••......•..••...•.........•... ··~ ... .
EXHIBIT A: STATEMENT OF WORK
EXHIBIT B: DOR STATEMENT OF CONFIDENTIALITY
EXIDBIT C: BULK RECORDS REQUEST RELEASE AND AFFIDAVIT OF INTENDED USE
1. PARTIES
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This Intergovernmental Agreement (hereinafter called Agreement) is entered into by and between the Colorado
Deparbnent of Revenue. Division of Motor Vehicles. Titles and Registration Section (DOR or State), and the City
of Englewood (COE or Contractor) who may collectively be called the "Parties" and individually a ''Party''.
2. EFFECTIVE DATE AND NOTICE OF NONLIABil.JTY
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. Couideration
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.
C. Purpose
As authorized in 42-1-206 (3 .7) C.R.S., DOR shall provide APO limited motor vehicle registration electronic
infonnation, in order to aid APD in the enforcement of parking regulations.
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4. TERM
~ Term-Work Commencement
The Parties respective performances under this Agreement shall commence on the later of the Effective Date
or January 1, 2014. Th~s Agreement shall terminate on December 31, 2018 unless sooner terminated or further
extended as specified elsewhere herein. Either Party may tenninate 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 COE 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 terin 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. ·
S. STATEMENT OF WORK
~ Work
DOR will complete the Work and its other qbligations as described herein and in the "Statement of Work",
attached and incorporated herein as Exhibit A. DOR shall not be liable to compensate COE for any Work
performed prior to the Effective Date or after the termination of this Agreement.
B. Goods and Services
COE 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 .A
DOR. . W,
6. NO COST AGREEMENT
There shall be no cost or charges whatsoever to DOR pursuant to this Agreement. DOR has no financial
obligation to COE for any goods or services provided by this Agreement. DOR shall have no liability whatsoever
for payment of any COE 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
~ 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 COE's perfonnance at all reasonable times and places during the tenn of
this Agreement. COE shall pennit 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 COE's records related to this Agreement during the Record Retention Period
to assure compliance with the tenns hereof or to evaluate perfonnance hereunder. Monitoring activities •
controlled by DOR shall not unduly interfere with COE's performance hereunder.
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8. CONFIDENTIAL INFORMATION-STATE RECORDS
All COE 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 COE.
These statement shall be maintained by COE 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, COE has signed and submitted Exhibit C, "Bulk Records Request
Re lease and Affidavit of Intended Use", attached and incorporated herein.
COE 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 §24-72-101, et seq.
A. Confidentiality
COE 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 COE shall be immediately forwarded to the State's principal
representative.
B. Notification
COE 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 ~ormation.
C. Use, Security, and Retention
Confidential information of any kind shall not be distributed or sold to any third party or used by COE, its
subcontractors, or their respective employees or agents in any way, except as authorized by this Agreement, or
approved in writing by the DOR. COE 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 COE or its agents, except as permitted in this
Agreement, or approved in writing by the DOR. AU 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 COE or any of its subcontractors provides physical or logistical storage, processing or transmissions of
confidential information or sensitive DOR data, COE 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 COE shall provide the DOR with
access, subject to COE's reasonable access security requirements, seven (7) days a wee~ 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.
COE, 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 netwolk
firewalls, intrusion detection, and annual security testing.
Neither COE 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. COE shall review, on a semi-annual basis,
the Colorado Cyber Security Program (CCSP), posted at
http://www.colorado.,wv/cs/Satellite/Cyber/CSIO/I 207820732279, and its related documents, including its
policies and procedures to ensure compliance with the standards and guidelines published therein. COE shall
cooperate, and shall cause its subcontractors to cooperate, with perfonnance of security audit and penetration
tests by the Governor's Office of Information Security (01S). COE shall follow, and shall cause its
subcontractors to follow, the State's Data Handling and Disposal policy, which can be found at
www.colorado.gov/oit/security policies. If requested by the DOR, COE 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,
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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 A
thirty (30) days prior to the date such employee or agent )>egins performance or obtains access shall be W
deemed to be current.
E. Security-Notice
COE is responsible for the security of all information provided to it by the DOR. If information is Pl'.OVided to
COE or any subcontractor by the DOR, COE 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
htt.p;//www.colorado.KQY/cs/Satellite/Cyber/CSIO/] 207820732279.
F. Security Breach Remediation
If COE 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 COE can
establish that COE or any of its subcontractors is not the cause or source of the breach, COB 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. COB shall be responsible for
performing an analysis to detennine 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. COE 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 COE cannot produce the required analysis and plan within
the allotted time, the DOR, in its sole discretion, may perfonn such analysis, produce a remediation plan, and
COB shall reimburse the DOR for reasonable costs thereof.
G. Disclosure-Liability
Disclosure of DOR records or other confidential information by COB or any subcontractor, for any reason
may be cause for legal action by 1hird parties against COE, the DOR or their respective subcontractors or
agents. COE shall indemnify, save, and hold harmless the DOR, its employees and agents, against any and all
claims, damages, liability and court awards including costs, expeosee, and attorney fees and related costs,
incurred as a result of any act or omission by COE, or its employees, agents, subcontractors, or assignees
pursuant to this Section 9. Any other provision of this Agreement, notwithstanding, COE 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 terminarino of the
Contract, COE 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 COE shall, at the
choice of the DOR, return all the personal data transferred, and the copies thereof to the DOR, or shall destroy
all the personal data and certify to the DOR that it bas done so, unless legislation imposed upon the COE
prevents it from returning or destroying alt or part of the data transferred. In that case, the COE warrants that
it will guarantee the confidentiality of the data transferred and will not actively process the data b'ansferred
anymore.
L Disposition of Data
The DOR retains the right to use the established operational services to access and retrieve DOR data content
stored on COE's infrastructure at its sole discretion. The COE and subcontractor warrant that upon request of
the DOR and/or of the supervisory authority, the COE will submit its data processing facilities for an audit of
the measures referred to in Section 8.D. The State reserves all right, title and interest, including all intellectual •
property and proprietary rights, in and to system data and content
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J. Safeguarding Personal Identifiable lnformadon (PU)
If COE or any of its subcontractors will or may receive Pll under this Agreement, COE shall provide for the
security of such P~ in a form acceptabJe to the DOR, including, without limi~tion, non-disclosure, use of
appropriate technology, security practices, computer access security, data access security, data storage
encryption, data transmission encryption, security inspections and audits. COE shall take full responsibility
for ~e security of all data in its possession or in the possession of its subconQ"BCtors, and shall hold the DOR
harmless for any damages or liabilities resulting from the unauthorized disclosure of loss thereof. .
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A breach of Personal Identity Information (PII) shall have occurred when there .has been unauthorized
acquisition of unencrypted Pll data (electronic or o~eraise) used in peifopnance of this Agre~ment, or any
subcontract from the COE'.s or any subcontractors possession, which compromises security, confidentiality, or
integrity of such Pll. CO~ agrees to be liable for any unauthorized disclosure o~P:µ in its pos~ssion or in the
possession of its subcontractors as if COE was the owner of the data. COE acknowledges that any breach of
PII _is a material breach of this Agreement COE shall notify the DOR immediately of any breach or
suspected breach, but in no event la~r than twenty-foµr (24) hours after COB learns of suspected breach. The
DOR may establish required remediation procedures and COE shall comply withQut limitation as directed by
the DOR. COE shall bear all costs of such remedia,tion. ·
9. FAILURE TO PERFORM-BREACH 4N]) REMEDIE~
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 COE, or the appointment of a receiver or similar officer for COE or any of its property, which is not
vacated or full~ stayed within 20 days after tl!e institution or occurrence thereof, shall also constitute a breach.
B. Notice and Cur.e Period . .
In the event of a breach. notice of such shal,1 be given in writing by the aggrieved Party to the other Party in
the manner provided ~ Section 1 0. If such breach is not cured within 30 days of receipt of written notice, or if
a cure c~ot be complete~ 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 remedi_e.s set forth _ in Section 8. Notwithstanding
anything to the contrary herein, the State, in its sole discretion, need not provide advance nQtice 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 Englewood:
Tamara Wolfe
Court Administrator
Englewood Municipal Court
1000 Englewood Parkway
Englewoo~ CO 80110
twolfe@englewoodgov .org
303-762-2587
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Department of Revenue:
Dylan Ikenouye
Administrative Services Manager
Title and Registration Section
1881 Pierce Street, Room # 144
Lakewood, CO 80214
dylan, ikenouye@state.co.us
303-205-S799
with a copy to:
Bernard Candelaria
Colorado Department of Revenue
Room427
PO Box 17087
Denver, CO 80217-0087
roger.thomte@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. COB 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 B
S) ExhibitC
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C. References 4I
All references in this Agreement to sections, subsections, exhibits or other attachments, are references to
sections, subsections, exhibits or other attachments contamed 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 COE that DOR does not grant the COE 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 COB, 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 COE 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 COE 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.
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12. COLORADO SPECIAL PROVISIONS
A. CONTROLLER'S APPROVAL. CRS §24-30-202(1). This contract shall not be valid until it has been
approved by the Colorado State Conµ-oller or designee.
D. FUND AV AILABil.JTY. 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 ~ 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.
B. SOFl'W ARE PIRACY PROHIBfflON. 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 detennines
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.
L 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.
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J. VENDOR OFFSET. CRS §§24-3~-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
vendor offset intercept system for debts owed to State agencies for: (a) unpaid child support debts qr 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.
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K. PUBLIC CONTRACTS FOR SERVICES. CRS §8-17.5-101. [Not Appllcable to agreements relating
to the offer, issuance, or sale of securitlea, Investment advisory service, or fund management aervlces,
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 perfonn 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 perfonn 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 an~ if so terminate~ 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 ofCRS §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.
Revised 1-1-09
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13. SIGNATURE PAGE
THE PARTIES HERETO HA VE EXECUTED Tms INTERGOVERNMENTAL AGREEMENT
• Persoas slgnln1 for Partlu hereby swear and affirm that they are authorized to act on behalf of tbelr respective Party and
acknowled1e that the other Party Is relyln1 on their representations to that effect.
STATE OF COLORADO
John W. mckenlooper, Governor
CITY OF ENGLEWOOD DEPARTMENT OF REVENUE
By. __________ _
Randy P. Penn, Mayor By:----------
For the Executive Director
Date: ________ _ Date: ________ _
ALL CONTRACTS REQUIRE APPROVAL BY THE STA TE CONTROLLER
STATE CONTROLLER
Robert Jaros, CPA, MBAt JD
By: _________ _
Department of Revenue
Date:. _______ _
9
Exhibit A
Statement of Work
1. DOR, through the Colorado Stato 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 COE; Transaction ID (TX ID),
Licensed Vehicle Type, Licensed Plate Type, Plate Number, Previous Vehicle Type, Previous Plate Type,
Previous Plato Number, VJN, Vehicle Year. Vehicle Make. Vehicle Body, Owner Name l I Owner Name 21 Legal
Address, Legal City1 Legal State, Legal ZipS, Legal Zip4, Mailing Address, Mailing City, Mailing State, Mailing
ZipS, 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 COE's database.
3. In the event that a failure in technology or another unforeseen ev ent causes an extended delay in services
rendered, DO~ through OIT, shall attempt to contact COE 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 COE through any other means except the secure FIP (SFTP) process hosted on the DOR's FI'P server.
RECORD LAYOUT FOR COE VIPER INTERFACE
1. DOCUMENT DEFINITIONS
1,: ::. :···;;;,\ --' ; \' -::.: · ... J; _-;J_::;<,_:J ·~·-. ·.·' _--:,~ _:: '. ~-, ~\: :: ·\_ >.<'\-::.~:::-:-:--~ ';· __ : ·,_· ::::-' ,' :--( ).; ~~-,-~-~{ :; :~·( ;:·_~'-:'.
---
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 arc
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 (SFI'P)
I
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]
Headerff railer Yes Header and/or Trailer Records Required and
Fonnat
No None •
•
•
Type A=Alpba May contain only alpha characters
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 charact,ers 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
l.1. Data Transmission
All. file transmissions will be done via secure FIP (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 Inco~g files from DOR to Requesting Entity will be placed in the /DOR _In folder
Server Nam~: 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:
·,'
0 • i I
Registered Owner
Request File --•-····,·---Response File -
Regular Plates
(3.2)
Response File -
Temporary Plates
(3.3)
11
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 /OMV _In
directory.
Frequency: Daily, Monday through Friday, excluding holidays
Sort Order: None
File Name: l'l'lTMMDD-HllMMSS•PMIN.TXT
HeadertrraUer:No
Plate Number or AN 7 l 7 Temp Permit Number
Workflowid A 34 8 41
3.1.1. Request File Interface FfP Clean-up
RB
The plate number
Padded with 'Spaces•
LZ The unique identifier of the
transaction. Padded with '0'
DOR is responsible for clean-up of request files on DOR' s FTP site once DOR bas processed the
request file.
3.2. Response File Interface -Regular Plates
DOR will return registered owner information for the licene plate requests.
Interface Type: Ona.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 /OMV _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
Headertrrailer:No
12
I
I
e !
0 .~·Lie· ensed .. V. ehi_c_l,e· ·· _,.!'A .... · t · ·
3
· .. ! ,
Tvoe
Licensed Plate Type S 3
Plate Number AN 7
Previous Vehicle
Tme A 3
Previous Plate Type s 3
Previous Plate -
Number AN 7
VIN AN 17
Vehicle Year N 4
Vehicle Make A 4
Vehicle Bodv A 2
Name s 36
Name s 36
Leul Address s 26
Len.lCitv s 13
Lea.al State A 2
C Lei:m.l ZiDS N 5 -Le.nl Zin4 N 4
Mailimr Address s 26
Mailiiur: Citv s 13
Mailin12: State A 2
Mailina ZioS N 5
Mailim,: Zir:14 N 4
Business Date N 8
E,cnirvDate N 6
WorkflowID N 34
Unknown N 41
Title Number AN 9
1 3
5 7
8 14
16 18
20 22
23 29
31 47
49 52
53 56
S7 '58
59 94
9S 130
131 156
157 169
170 171
172 176
177 180
181 206
207 I 219
220 221
222 226
227 230
231 238
239 244
I 24s 278
I 279 319
320 328
3.2.1. Response Plate File FTP Clean-up
Vehicle Type
Plate Type
RB Plate Number
Previous vehicle tvne
Previous Plate lVDe
Previous Plate
RB Number
RB VIN
Vehicle Year
Make
Bodv
RB OwnerName 1
RB OwnerName2
RB Legal Address
RB Legal City
Legal State
Legal Zip S
' LegalZip4
I
RB Mailing Address
RB Mailing City
Mailin111 State
Mailini ZioS
Mailin2 Zio4
Business Date MMDDYYYY
N EYnirvDate MMDDYYYY
LZ WorkflowID
RB Unlmown
RB
COE is responsible for clean-up of response files on DOR's FrP site once COE has processed the
response file.
13
3.3.Response Temporary Plate File Interface
DOR will return registered owner information for the licene plate requests.
Interface Type: One-Way Batch
Initiating Party: DOR
Delivery Format: Fixed length Text File
Delivery Method: Secure FTP on a DOR hosted SFfP 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_mYMMDD.TXT
Header/frailer: No
'}',-:·'.,·;·~:/~~L / ·<_·~:;·'{J:;:j~l:.-::: ;}/?'.::: j/(j .. ~ ~\}I\'·~}}~'.(¥?·,\~}~:~}~t,:~~/:<.~:\ ,_:i. :<,i /·-t/•,:_-~-:-: -~'. .
---
Licensed Vehicle
Tvoe A 3 1 3 Vehi cle Type
Licensed Plate Twe s 3 s 7 Plate Type
Plate Number AN 7 8 14 RB Plate Number
Previous Vehicle
TVDe A 3 16 18 Previous vehicle tvoe
I
Previous Plate Tvne s 3 20 22 Previous Plate lvDe
Previous Plate Previous Plate
Number .AN 7 23 29 RB Number
VIN AN 17 31 i 47 RB VIN
Vehicle Year N 4 49 52 Vehicle Year
Vehicle Make A 4 S3 56 Make
Vehicle Bodv A 2 57 S8 Body
Name s 36 59 94 RB Owner Name 1
Name s 36 9S 130 RB OwnerName2
Leaal Address s 26 131 156 RB Legal Address
Le2al City s 13 157 169 RB Legal City
Leaal State A 2 1110 171 Legal State
Le2fll Zi oS N s 172 176 Legal Zip S
LenlZiD4 N 4 177 180 Lega1Zip4
Mailina: Address s I 26 181 206 RB Mailing Address
Mailina Citv s 13 207 219 RB Mailing City
Mailing State A 2 220 221 Mailin.2 State
Mailin2 Zit1S N s 222 226 Mailint ZioS
Mailiniz Zio4 N 4 227 230 Mailina Zip4
Business Date N 8 231 238 Business Date MMDDYYYY
ExoirvDate N 6 239 244 N Exoin'Date MMDDYYYY
14
•
•
..
-WorkflowID N 34 245 278 LZ WorkflowID
~ Unknown N 41 279 319 RB Unknown
Title Number AN 9 320 328 RB
3.3,1, Result Temporary Plate File Fl'P Clean-up
COE is responsible for clean-up of response files on DOR's FrP site once COE has processed the response file.
lS
EmibitB
STATE OF COLORADO
DEPARTMENT OF REVENUE
STATEMENT OF CONFIDENTIALITY
As an employee, participating member or subcontractor of City of Englewood, Colorado ("COE .. ), 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 infonnation 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,-------~ hereby acknowledge that I am and shall remain in compliance with all State and
Federal laws and the contractual terms and conditioiisbetween COE 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 Company Name
Print name Date
Title
16
COUNCIL COMMUNICATION
Date: Agenda Item: Subject:
February 17, 2015 11 a i Intergovernmental Agreement with State of Colorado
Department of Revenue, Division of Motor Vehicles,
Titles and Registration Section
Initiated By: Staff Source:
Municipal Court Tamara Wolfe, Court Administrator
COUNCIL GOAL AND PREVIOUS COUNCIL ACTION
City Council requests all departments use the most cost effective and efficient means to execute daily tasks.
This is a renewal agreement with the State of Colorado to obtain ownership information electronically on
vehicle license plate numbers associated with parking tickets.
RECOMMENDED ACTION
Staff recommends Council adopt a Bill for an Ordinance authorizing an Intergovernmental Agreement {IGA)
with the State of Colorado for updates from the Colorado State Title and Registration System.
BACKGROUND, ANALYSIS, AND ALTERNATIVES IDENTIFIED
This IGA is an on-going agreement with the State. The Court has been doing the electronic file transfer of
vehicle ownership information since 2008. The State has changed their file transfer protocols and therefore the
electronic parameters in the transfer process need to be updated in order to be able to again securely send
and receive files. This is the only requested change to the parking interface with the State but a new IGA that
acknowledges the new requirements is required.
FINANCIAL IMPACT
None. There is no cost for this electronic interface with the State.
LIST OF ATTACHMENTS
Bill for an Ordinance