R-12-09-13-F4 - 9/13/2012 i
{
RESOLUTION NO. R-12-09-13-F4
i
WHEREAS, Chapter 791 of the Texas Government Code, V.T.C.A., authorizes local
F
governments and agencies of the state to enter into agreements with one another to perform
i
_ e
governmental functions and services, and E
i
P
WHEREAS, the City of Round Rock wishes to enter into an Interlocal Cooperation Contract
with the Texas Department of Public Safety to participate in a program regarding denial of driver's
license renewal for failure to appear in municipal court,Now Therefore
i
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS,
i
That the Mayor is hereby authorized and directed to execute on behalf of the City an Interlocal
I
t
Cooperation Contract with the Texas Department of Public Safety, a copy of same being attached
f
hereto as Exhibit"A" and incorporated herein for all purposes.
f
I
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
e
F
open to the public as required by law at all times during which this Resolution and the subject matter
1
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
The City Council hereby finds and declares that written notice of the date, hour, place and
subject of the meeting at which this Resolution was adopted was posted and that such meeting was
i
open to the public as required by law at all times during which this Resolution and the subject matter
hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act,
Chapter 551, Texas Government Code, as amended.
P
t
If
4
1
yk
F
6
0:\wdox\SCCInts\0112\1204\MUNICIPAL\00257556.DOC/rmc
4
i
i
1
i
i
i
RESOLVED this 13th day of September, 2012.
3
r r L 6
AL�A MCGRAW, Mayor
City of Round Rock, Texas
ATTEST:
A
i
SARA L. WHITE, City Clerk
i
7
i
F
2
f
F
f
i
i
S
E
k
f
t
B
S
0:\wdox\SCCInts\0112\1209\MUNICIPAL\00257556.DOC/rmc
4
4
f
g
TEXAS DEPARTMENT OF PUBLIC SAFETY
�L,/�± 5805 N LAMAR BLVD.BOX 4087•AUSTIN TEXAS 78773-0001
' 512/424-2600
I:
STEVEN C.MaCRAW COMMISSION a
DIRECTOR ALLAN B.POLUNSKY,CHAIR
DAVID G.BAKER ADA BROWN
BECKWORTH JOHN BROSTEEWN
CHERYL (REBRIDECTOR CARIN MARCY BARTH
DEPUTY DIRECTORS A.CYNTHIA LEON
' r
August 3, 2012
{
CITY OF ROUND ROCK; MUNICIPAL COURT
301 W BAGDAD, STE 120
ROUND ROCK TX 78664
Dear Court Administrator:
k
You currently have a contract for the Failure To Appear Program offered by the Driver License A
Division under Transportation Code Chapter 706.
During the 82nd Legislative Session, Section 706.005 was amended to require courts to
immediately notify us when no cause exists to continue to deny renewal of a person's driver k;
license. Under the existing contract, courts are required to report compliance within 5 business
days.
To continue this contract, your court must complete and submit the enclosed amended contract.
Please complete all of the appropriate entries on the contract, and arrange for the approval and
signature of the presiding official authorized to sign contractual documents in your jurisdiction
(mayor, city manager, county judge, etc.) within 45 days of the receipt of this letter.
Only 1 original signed contract should be submitted for each political subdivision; if you require a
final copy for your records, please indicate so when you return the document. Signed contracts
must be returned to:
Texas Department of Public Safety
Attn: Enforcement and Compliance Service
P.O. Box 4087
Austin,Texas 78773-0320
After the contract has been returned, it will be processed for approval. Any changes made to this
contract by the politicalsubdivision will result in the rejection of the contract. Should you have
further questions, please contact a Customer Service Representative at 512-424-5727.
Respectfully,
Manager
Enforcement and Compliance Service
RH: tfp
I:
Enclosure
x
6
EXHIBIT TION
„A»
t
y
Interlocal Cooperation Contract
STATE OF TEXAS §
COUNTY OF WILLIAMSON . §
1. Parties 4
This Interlocal Cooperation Contract ("Contract") is made and entered into
between the Texas Department of Public Safety ("TDPS"), a political subdivision of fi
the State.of Texas, acid the City of Round Rock. Texas ,
a local political subdivision of the State of Texas..
III. 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 R
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 s`
Texas Transportation Code §706.008. The Vendor will provide the necessary ¢.
goods and services to establish an automated system ("FTA System') whereby
information regarding violators subject to the, provisions of Texas Transportation
Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing i
the FTA System as a source of information, the TDPS may deny renewal of a
driver license to a person who is the subject of an FTA System entry.
Each local political subdivision contracting with the TDPS will pay monies to the i
Vendor based on a fee established-by this Contract. The TDPS will make no
direct or indirect payments to the. Vendor. The Vendor will ensure that accurate i
information is available to the TDPS; political subdivisions and persons seeking to
clear their.licenses at all reasonable times.
IJI. Definitions
"Complaint" means notice of an offense as defined in Article 27.14(d) or Article
45.019, Code of Criminal Procedure. f
i.
P
ttw
Revised(12/11) 1
s.
3
4
"Department"or`TOPS" means the Texas Department of Public Safety. u
k
"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 thegoods 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 r
This Contract is entered into pursuant to Texas Government Code Chapter 791 s
and is subject to the laws and jurisdiction of the State of Texas and shall be.
construed and interpreted accordingly.
x
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 E
this Contract shall lie in Travis County, Texas. I
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(12/11) 2
VII. 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.
Vlll. 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; x
(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.
S
4
IX. Clearance Reports K
The originating court that files the FTA Report has a continuing obligation to
review the report and promptly submit appropriate additional information or reports i
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
immediately from the time and date that the originating court receives appropriate
payment or other information that satisfies the citizen's obligation to that court.
l
r
,
Revised(M 1) 3
f
s
6
To the extent that a local political subdivision utilizes the FTA Program by f
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 immediately advising the TDPS to lift the denial of
renewal and identifying the grounds for the action. F`
The local political subdivision must immediately 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.
i
XI. /accounting Procedures c
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.
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
Revised(12/11) 4
k
s`
}
,
}
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) 346-6511 ext. 100; (512) 346-9312 (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. k
i
XIII. Litigation and Indemnity
F
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,
s
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.
To the extent authorized by law, the local political subdivision. City agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions, i
Revised(12/11) 5
4
f
}
,
s
damages and costs of every nature or description arising out of or resulting from
the performance of this Contract, and the local political subdivision City further
agrees to satisfy any final judgment awarded against the local political subdivision
City 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
4
No 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 E
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. 1
I
XVI. Multiple Counterparts
This Contract 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 Contract. But, in making proof of this Contract, it shall not be a
necessary to produce or account for more than one such counterpart.
XVIL 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. However, either pprty
may terminate this Contract upon thirty days written notice to the other party. Notice.may
be given at the following addresses:
f
,
• E
Revised(12/11) 6
F
s
i
i
Local political subdivision Texas Department of Public Safety
City of Round Rock Attn: Enforcement and Compliance Service
City Manager 5805 North Lamar Boulevard
221 East Main Street Austin, Texas 78773-0001
Round Rock, TX 78664 (512) 424-5311 [fax) 4
P
Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever
occurs first. After termination, the local political subdivision has a continuing obligation to
report dispositions and collect fees for.all violators in the FTA System at the time of
termination.
TEXAS DEPARTMENT OF LOCAL POLITICAL SUBDIVISION*
PUBLIC SAFETY CITY OF ROUND ROCK, TEXAS
Sheri Gipson Authorized Signature
Deputy Administrator
' F
F
t
Date Title z
Date
*An additional page may be attached if more than one signature is required to execute
this Contract on behalf of the local political subdivision. Each signature block must
contain the person's title and date.
1
{
FOR CITY, ATTEST: x
By:
Sara 'L. White, City Clerk
FOR 4Stepin
ROV D A TO FORM:
3
By:
; Shees, City Attorney
t
r
s"
• f
ii
5
S
Revised(12/11) 7
r
r
`t
}
4
I
4
F
z
S
s
ROUND ROCK TEXAS City Council Agenda Summary Sheet
PURPOSE.PASSION.PROSPERITY.
F
'i
Agenda Item No. F4.—CONSENT k
c
Consider a resolution authorizing the Mayor to execute an Interlocal Cooperation
Contract with the Texas Department of Public Safety (DPS) to participate in a program R
Agenda Caption: regarding denial of driver's license renewal for failure to appear in municipal court.
4
Meeting Date: September 13, 2012
W
Department: Finance
Staff Person making presentation: Cheryl Delaney a
Finance Director r
Item Summary: i
:
In cooperation with the Texas Department of Public Safety,the Failure to Appear Program places a 'flag'on a driver's
license if someone hes not responded to their citation or failed to pay associated fines. This resolution is in response
to a change made by the Texas legislature which requires immediate notification of when fines have been settled. T
This new process has already been implemented by the City of Round Rock Municipal Court.
The revised contract is offered by the Texas Department of Public Safety to accommodate chapter 706 of The Texas
Transportation Code. The agreement allows the court to flag a person's driver's license if they do not respond to
their citation or fail to pay their fines. The original contract was entered by resolution No. R-97-03-27-116 on the
27th day of March, 1997. Under the existing contract, courts are required to report compliance within five (5)
business days. This revision approved during the 82nd Legislative Session, Section 706.005 was amended to require
courts to immediately notify the DPS when no cause exists to continue to deny renewal of a person's driver's
license.
Cost: There is no cost to the City to execute this document
Source of Funds: N/A
r
F
Recommended Action: Approval
E
jw
F
F
3
F
}
}
2
E
S
5
C
EXECUTED
ORIGINAL
DOCUMENmS
FOLLOW
t
Interlocal Cooperation Contract
STATE OF TEXAS § i
COUNTY OF WILLIAMSON §
•
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 Round Rock, Texas ,
a local political subdivision of the State of Texas.
IL 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, i
Code of Criminal Procedure.
The TDPS has authority to contract with a private vendor ("Vendor") pursuant to
Texas Transportation Code §706.008. The Vendor will provide the necessary
goods and services to establish an automated system ("FTA System") whereby
information regarding violators subject to the provisions of Texas Transportation 4
Code Chapter 706 may be accurately stored and accessed by the TDPS. Utilizing
the FTA System as a source of information, the TDPS may deny renewal of a f
driver license to a person who is the subject of an FTA System entry.
Each local political subdivision contracting with the TDPS will pay monies to the
Vendor based on a fee established by this Contract. The TDPS will make no
direct or indirect payments to the Vendor, The Vendor will ensure that accurate g
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(12/11) 1
12waodD 1:37op
rq
i
"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 t
political subdivisions and the Vendor, including the FTA System.
j'
"Failure to Appear System" or "FTA System" refers to the goods and services, i
including all hardware, software, , consulting services, telephone and related
support services, supplied by the Vendor.
i
"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. i
k
IV. Governing Law
This Contract is entered into pursuant to Texas Government Code Chapter 791 I
and is subject to the laws and jurisdiction of the State of Texas and shall be.
construed and interpreted accordingly.
i
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. }
1
i
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.
i
Revised(12/11) 2
j
;
• c
VII. 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. PTA Report
If the person fails to appear or fails to pay or satisfy a judgment as required by law, 4
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 j
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. Ali clearance reports must be submitted
immediately from the time and date that the originating court receives appropriate
payment or other information that satisfies the citizen's obligation to that court.
Revised(12/11) 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 i
shall not require payment of the administrative fee. The local political subdivision i
shall submit a clearance report immediately advising the TDPS to lift the denial of
renewal and identifying the grounds for the action.
The local political subdivision must immediately 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..
I
X. Compliance with Law
i
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.
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
k
Revised(12/11) 4
' 9
6
t
I
.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) 346-6511 ext. 10D; (512) 346-9312 (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.
$gE
3:
The parties agree that payment shall be made by the local political subdivision to t
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.
E
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.
r
To the extent authorized by law, the local political subdivision City agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
Revised(12/11) 5
s
3
damages and costs of every nature or description arising out of or resulting from
the performance of this Contract, and the local political subdivision City further
agrees to satisfy any final judgment awarded against the local political subdivision
City 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
No 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 j
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.
s
XVI. Multiple Counterparts
This Contract 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 Contract. But, in making proof of this Contract, 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. However, either party
may terminate this Contract upon thirty days written notice to the other party. Notice.may
be given at the following addresses:
Revised(12/11) 6
4
' v F
tl,:
Local political subdivision Texas Department of Public Safety
City of Round Rock Attn: Enforcement and Compliance Service
City Manager 5805 North Lamar Boulevard
221 East Main Street Austin, Texas 78773-0001
Round Rock, TX 78664 (512) 424-5311 [fax]
Notice is effective upon receipt or three days after deposit in the U. S. mail, whichever
occurs first. After termination, the local political subdivision has a continuing obligation to
report dispositions and collect fees for.all violators in the FTA System at the time of
termination.
TEXAS DEPARTMENT OF LOCAL POLITICAL SUBDIVISION*
PUBLIC SAFETY CITY OF ROUND ROCK, TEXAS
S son i
p Authorized Signature
Deputy Administrator
I o�a� ' h� No
Date U. Title
rJJ0 I'M
�3 2012
Date
*An additional page may be attached if more than one signature is required to execute '
this Contract on behalf of the local political subdivision. Each signature block must
contain the person's title and date, f
FOR CITY, ATTEST:
By:
Sara •L. White, City* lerk
FOR 4Stepn
ROV D A TO FORM:
By:
L. Shees, City Attorney
Revised(12/11) 7
i;
{:
F