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Contract - Texas Department of Public Safety (DPS) - 6/10/2021State of Texas County of Williamson I.PARTIES AND AUTHORITY lnterlocal Cooperation Contract Failure to Appear (FTA) Program DPS# DLD20180628 (Revised 3/2020) This lnterlocal Cooperation Contract (Contract) is entered into between the Department of Public Safety of the State of Texas (DPS), an agency of the State of Texas and the City of Round Rock, Texas, a home rule City and political subdivision of the State of Texas, referred to collectively in this Contract as the Parties, under the authority granted in Tex. Transp. Code Chapter 706 and Tex. Gov't Code Chapter 791 (the lnterlocal Cooperation Act). II.BACKGROUND As permitted under Tex. Transp. Code § 706.008, DPS contracts with a private vendor (Vendor) to provide and establish an automated FTA system that accurately stores information regarding violators subject to the provisions of Tex. Transp. Code Chapter 706. DPS uses the FTA system to properly deny rer:iewal of a driver license to a person who is the subject of an FTA system entry. Ill. PURPOSE This Contract applies to each FTA Report submitted by the City of Round Rock's Municipal Court ("Court") to DPS or its Vendor and accepted by DPS or its Vendor. Court will supply information to DPS, through its Vendor, that is 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 Court has jurisdiction of under Tex. Code Crim. Proc. Chapter 4. IV.PERIOD OF PERFORMANCE This Contract will be effective on the date of execution and terminate five years from that execution date unless terminated earlier in accordance with Section VII.C, General Terms and Conditions, Termination. V.COURT RESPONSIBILITIES A.Written warnings A peace officer authorized to issue citations within the jurisdiction of the Court must issue a written warning to each person to whom the officer issues a citation for a traffic law violation. This warning must 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 Page 1 of 5 U N O F F I C I A L C O P Y - D O N O T DI S T R I U T E NE E D S SI G N A T U R E FR O M OT H E R PA R T Y DPS# DLD20180628 (Revised 3/2020) 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. B.FTA Report An FTA Report is a notice sent by Court requesting a person be denied renewal in accordance with this Contract. The Court may submit an FTA Report to Vendor if a person fails to appear or fails to pay or satisfy a judgment as required by law. There is no requirement that a criminal warrant be issued in response to the person's failure to appear. The Court must make reasonable efforts to ensure that all FTA Reports are accurate, complete, and non-duplicative. The FTA Report must include the following information: 1.the jurisdiction in which the alleged offense occurred; 2.the name of the court 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 DPS. C.Clearance Reports The Court that files the FTA Report has a continuing obligation to review the FTA Report and promptly submit appropriate additional information or reports to the Vendor. The clearance report must identify the person, state whether or not a fee was required, and advise DPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted immediately, but no later than two business days, from the time and date that the Court receives appropriate payment or other information that satisfies the person's obligation to that Court. To the extent that a Court uses the FTA system by submitting an FTA Report, the Court must collect the statutorily required $10.00 reimbursement fee. If the person is acquitted of the underlying offense for which the original FTA Report was filed, the Court will not require payment of the reimbursement fee. Court must submit a clearance report for the following circumstances: 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; Page 2 of 5 U N O F F I C I A L C O P Y - D O N O T DI S T R I U T E NE E D S SI G N A T U R E FR O M OT H E R PA R T Y DPS # DLD20180628 (Revised 3/2020) 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. DPS will not continue to deny renewal of the person's driver license after receiving notice from the Court that the FTA Report was submitted in error or has been destroyed in accordance with the Court's record retention policy. D.Quarterly Reports and Audits Court must submit quarterly reports to DPS in a format established by DPS. Court is subject to audit and inspection at any time during normal business hours and at a mutually agreed upon location by the state auditor, DPS, and any other department or agency, responsible for determining that the Parties have complied with the applicable laws. Court must provide all reasonable facilities and assistance for the safe and convenient performance of any audit or inspection. Court must correct any non-conforming transactions performed by the Court, at its own cost, until acceptable to DPS. Court must keep all records and documents regarding this Contract for the term of this Contract and for seven years after the termination of this Contract. E.Accounting Procedures Court must keep separate, accurate, and complete records of the funds collected and disbursed and must deposit the funds in the appropriate municipal or county treasury. Court may deposit such fees in an interest-bearing account and retain the interest earned on such accounts for the Court. Court will allocate $6.00 of each $10.00 reimbursement fee received for payment to the Vendor and $4.00 for credit to the general fund of the municipal or county treasury. F.Non-Waiver of Fees Court will not waive the $10.00 reimbursement fee for any person that has been submitted on an FTA Report, unless any of the requirements in Tex. Trans. Code § 706.006 are met. Failure to comply with this section will result in: (i) termination of this Contract for cause; and (ii) the removal of all outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Page 3 of 5 U N O F F I C I A L C O P Y - D O N O T DI S T R I U T E NE E D S SI G N A T U R E FR O M OT H E R PA R T Y DPS # DLD20180628 (Revised 3/2020) G.Litigation Notice The Court must make a good-faith attempt to immediately notify DPS in the event that the Court becomes aware of litigation in which this Contract or Tex. Transp. Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision. VI.PAYMENTS TO VENDOR Court must pay the Vendor a fee of $6.00 per person for each violation that has been reported to the Vendor and for which the Court has subsequently collected the statutorily required $10.00 reimbursement fee. In the event that the fee has been waived by Tex. Trans. Code§ 706.006, no payment will be made to the Vendor or required of the Court. Court agrees that payment will be made 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 Court. DPS will not pay Vendor for any fees collected by Court. VII.GENERAL TERMS AND CONDITIONS A.Compliance with Law. The Court 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 DPS. B.Notice. The respective party will send the other party notice as noted in this section. Round Rock, Texas Department of Public Safety Attn.: Laurie Hadley, City Manager Enforcement & Compliance Service 5805 North Lamar Blvd. Address: 221 East Main Street Austin, Texas 78752-0001 Address: Round Rock, Texas (512)424-5311 [fax] Fax: Driver.lm�rovement@d�s.texas.gov (512)424-7172Email: Phone: C.Termination. Either party may terminate this Contract with 30 days' written notice. DPS may also terminate this Contract for cause if Court doesn't comply with Section V.F., Non­ Waiver of Fees. After termination, the Court has a continuing obligation to report dispositions and collect fees for all violators in the FTA system at the time of termination. Failure to comply with the continuing obligation to report will result in the removal of all outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied driver license renewal status from DPS. Page 4 of 5 U N O F F I C I A L C O P Y - D O N O T DI S T R I U T E NE E D S SI G N A T U R E FR O M OT H E R PA R T Y DPS# DLD20180628 (Revised 3/2020) VIII.CERTIFICATIONS The Parties certify that (1) the Contract is authorized by the governing body of each party; (2) the purpose, terms, rights, and duties of the Parties are stated within the Contract; and (3) each party will make payments for the performance of governmental functions or services from current revenues available to the paying party. The undersigned signatories have full authority to enter into this Contract on behalf of the respective Parties. City of Round Rock, Texas Department of Public Safety Craig Morgan, Mayor Driver license Division Chief or Designee June 10, 2021 Date Date * An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block must contain the person's title and date. 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