HomeMy WebLinkAboutContract 38745%ITY SECRETAIJV
�4NTRACT NO.
Inten ocal Cooperation Contract
STATE OF TEXAS §
COUNTY OF Tarrant §
I. Parties
This Interlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision of
the State of Texas, and the City of Fort Worth a
local political subdivision of the State of Texas.
II. Overview
The purpose of this Contract is to implement the provisions of Texas
Transportation Code Chapter 706. A local political subdivision may contract with
the TDPS to provide information necessary to deny renewal of the driver license of
a person who fails to appear for a complaint or citation or fails to pay or satisfy a
judgment ordering payment of a fine and cost in the manner ordered by the court
in a matter involving any offense that a court has jurisdiction of under Chapter 4,
Code of Criminal Procedure.
The TDPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code §706.008a The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the pr
visions of Texas Transportation
Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee certain established by this Contract. The TDPS will make
no direct or indirect payments to the Vendor. The Vendor will ensure that accurate
information is available to the TDPS, political subdivisions and persons seeking to
clear their licenses at all reasonable times.
III. Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure.
Revised (11/04) 1
"Department" or "TDPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" refers to the implementation efforts
of all parties, including those system components provided by the TDPS, local
political subdivisions and the Vendor, including the FTA System.
"Failure to Appear System" or "FTA System" refers to the goods and services,
including all hardware, software, consulting services, telephone and related
support services, supplied by the Vendor.
"FTA Software" refers to computer software developed or maintained now or in the
future by the Vendor to support the FTA System.
"Originating Court" refers to the court in which an applicable violation has been
filed for which a person has failed to appear or failed to pay or satisfy a judgment
and which has submitted an appropriate FTA Report.
"State" refers to the State of Texas.
"Local political subdivision" refers to a city or county of the State of Texas.
Unless otherwise defined, terms used herein shall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings.
IV. Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and interpreted accordingly.
V. Venue
The parties agree that this contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enforcement of
this Contract shall lie in Travis County, Texas.
VI. Application and Scope of Contract
This Contract applies to each FTA Report submitted to and accepted by the TDPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
Revised (11/04) 2
VIII. Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the local
political subdivision shall issue a written warning to each person to whom the
officer issues a citation for a traffic law violation. This warning shall be provided in
addition to any other warnings required by law. The warning must state in
substance that if the person fails to appear in court for the prosecution of the
offense or if the person fails to pay or satisfy a judgment ordering the payment of a
fine and cost in the manner ordered by the court, the person may be denied
renewal of the person's driver license. The written warning may be printed on the
citation or on a separate instrument.
VIII. FTA Report
If the person fails to appear or fails to pay or satisfy a judgment as required by law,
the local political subdivision may submit an FTA Report containing the following
information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the local political subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the person who
failed to appear or failed to pay or satisfy a judgment;
(4) the date of the alleged violation;
(5) a brief description of the alleged violation;
(6) a statement that the person failed to appear or failed to pay or satisfy a
judgment as required by law;
(7) the date that the person failed to appear or failed to pay or satisfy a judgment;
and
(8) any other information required by the TDPS.
There is no requirement that a criminal warrant be issued in response to the
person's failure to appear. The local political subdivision must make reasonable
efforts to ensure that all FTA Reports are accurate, complete and non -duplicative.
IX. Clearance Reports
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or reports
to the Vendor or the TDPS. The clearance report shall identify the person, state
whether or not a fee was required, advise the TDPS to lift the denial of renewal
and state the grounds for the action. All clearance reports must be submitted
within five business days of the time and date that the originating court receives
appropriate payment or other information that satisfies the citizen's obligation to
that court.
Revised (11/04) 3
To the extent that a local political subdivision utilizes the FTA Program by
submitting an FTA Report, there is a corresponding obligation to collect the
statutorily required $30.00 administrative fee. If the person is acquitted of the
underlying offense for which the original FTA Report was filed, the originating court
shall not require payment of the administrative fee. The local political subdivision
shall submit a clearance report within five business days advising the TDPS to lift
the denial of renewal and identifying the grounds for the action.
The local political subdivision must promptly file a clearance report upon payment
of the administrative fee and:
(1) the perfection of an appeal of the case for which the warrant of arrest was
issued or judgment arose;
(2) the dismissal of the charge for which the warrant of arrest was issued or
judgment arose;
(3) the posting of a bond or the giving of other security to reinstate the charge for
which the warrant was issued;
(4) the payment or discharge of the fine and cost owed on an outstanding
judgment of the court; or
(5) other suitable arrangement to pay the fine and cost within the court's discretion.
The TDPS will not continue to deny renewal of the person's driver license after
receiving notice from the local political subdivision that the FTA Report was
submitted in error or has been destroyed in accordance with the local political
subdivision's record retention policy.
X. Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
XI. Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code §706.006 shall
keep separate records of the funds and shall deposit the funds in the appropriate
municipal or county treasury. The custodian of the municipal or county treasury
may deposit such fees in an interest -bearing account and retain the interest
earned thereon for the local political subdivision. The custodian shall keep
accurate and complete records of funds received and disbursed in accordance
with this Contract and the governing statutes.
Revised (11/04) 4
The custodian shall remit $20.00 of each fee collected pursuant to Texas
Transportation Code §706.006 to the Comptroller on or before the last day of each
calendar quarter and retain $10.00 of each fee for payment to the Vendor and
credit to the general fund of the municipal or county treasury.
XII. Payments to Vendor
The TDPS has contracted with OmniBase Services of Texas ("Vendor"), a
corporation organized and incorporated under the laws of the State of Texas, with
its principal place of business in Austin, Texas, to assist with the implementation of
the FTA Program.
Correspondence to the Vendor may be addressed as follows:
OmniBase Services of Texas
7320 North Mo Pac Expressway, Suite 310
Austin, Texas 78731
(512) 34M511 ext. 100; (512) 34M312 (fax)
The local political subdivision must pay the Vendor a fee of $6.00 per person for
each violation which has been reported to the Vendor and for which the local
political subdivision has subsequently collected the statutorily required $30.00
administrative fee. In the event that the person has been acquitted of the
underlying charge, no payment will be made to the Vendor or required of the local
political subdivision.
The parties agree that payment shall be made by the local political subdivision to
the Vendor no later than the last day of the month following the close of the
calendar quarter in which the payment was received by the local political
subdivision.
XIII. Litigation and Indemnity
In the event that the local political subdivision is aware of litigation in which this
Contract or Texas Transportation Code Chapter 706 is subject to constitutional,
statutory, or common-law challenge, or is struck down by judicial decision, the
local political subdivision shall make a good faith effort to notify the TDPS
immediately.
Each party may participate in the defense of a claim or suit affecting the FTA
Program, but no costs or expenses shall be incurred for any party by the other
party without written consent.
Revised (11 /04) 5
To the extent authorized by law, the local political subdivision agrees to indemnify
and hold harmless the TDPS against any claims, suits, actions, damages and
costs of every nature or description arising out of or resulting from the
performance of this Contract, and the local political subdivision further agrees to
satisfy any final judgment awarded against the local political subdivision or the
TDPS arising from the performance of this Contract, provided said claim, suit,
action, damage, judgment or related cost is not attributed by the judgment of a
court of competent jurisdiction to the sole negligence of the TDPS.
It is the agreement of the parties that any litigation involving the parties to this
Contract may not be compromised or settled without the express consent of the
TDPS, unless such litigation does not name the TDPS as a party.
This section is subject to the statutory rights and duties of the Attorney General for
the State of Texas.
XIV. Contract Modification
Flo modifications, amendments or supplements to, or waivers of, any provision of
this Contract shall be valid unless made in writing and executed in the same
manner as this Contract.
XV. Severability
If any provision of this Contract is held to be illegal, invalid or unenforceable under
present or future laws effective during the term hereof, such provision shall be fully
severable. This Contract shall be construed and enforced as if such illegal, invalid
or unenforceable provision had never comprised a part hereof, and the remaining
provisions shall remain in full force and effect and shall not be affected by the
illegal, invalid or unenforceable provision or by its severance therefrom.
XVI. Multiple Counterparts
This agreement may be executed in a number of identical counterparts, each of
which shall be deemed an original for all purposes and all of which constitutes,
collectively, one agreement. But, in making proof of this agreement, it shall not be
necessary to produce or account for more than one such counterpart.
XVII. Effective Date of Contract
This contract shall be in effect from and after the date that the final signature
is set forth below. This contract shall automatically renew on a yearly basis.
Revised (11/04) 6
However, either party may terminate this agreement upon thirty days written
notice to the other party. Notice may be given at the following addresses:
City of Fort Worth/
Local Political Subdivision
Or. Charles W. Daniels, Asst. City Mqr.
1000 Throckmorton
Fort Worth, Texas 76102
(817) 39M727
Texas Department of Public Safety
Safety Project Administrator, FTA Program
5805 North Lamar Boulevard
Austin, Texas 7877M001
(512) 424-5948 [fax]
Notice is effective upon receipt or three
whichever occurs first. After termination,
continuing obligation to report dispositions
:TA System at the time of termination.
TEXAS DEPARTMENT OF
PUBL Q,SAFETY
scar Ybarra
hief of Finar
Date
days after deposit in the U. S. mail,
the local political subdivision has a
and collect fees for all violators in the
City of Fort Worth/
LOCAL POLITICALSUBDIVISION*
Asst. City Manager
Title
Date
*An additional page may be attached if more than one signature is required to
execute this Contract on behalf %J the local political subdivision. Each signature
block must contain the person's title and date.
AO 1'®
LEt��1LIiY:
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Revised (11/04)
7