Loading...
R-97-03-27-11B - 3/27/1997RESOLUTION NO. R- 97- 03- 27 -11B WHEREAS, V.C.S. art. 6687d provides for political subdivisions to contract with the Texas Department of Public Safety to deny renewal of driver's licenses for persons committing the offense of Failure to Appear on Class C misdemeanor traffic violations, and WHEREAS, the Texas Department of Public Safety has submitted an Interlocal Cooperation Contract ( "Contract ") to implement the provisions of V.C.S. art. 6687d (Denial of Renewal of License for Failure to Appear), and WHEREAS, the City Council wished to approve said Contract, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City the Contract with the Texas Department of Public Safety, a copy of said Contract being attached hereto and incorporated herein for all purposes. ATTEST: RESOLVED this 27th day of 46L D, Ci ty Secretary CNRIST J MART/1) Z, ASST. K:\ WPDOCS \RBSOLUTI \RS70327B.WPD /scg March, 1997. CHARLES CU PER, Mayor City of Round Rock, Texas Interlocal Cooperation Contract STATE OF .TEXAS § COUNTY OF IA LLI T1SOl3 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 Y of IQOW.0 ,QOCk. , a local political subdivision of the State of Texas. II. Overview The purpose of this contract is to implement the provisions of V.C.S. art. 6687d (Denial of Renewal of License for Failure to Appear). The TDPS has authority to contract with a private vendor ( "the Vendor ") pursuant to Section 5 of that article. The statute is intended to ensure that persons cited for traffic violations comply with a promise to appear in court to respond to a traffic citation. This Contract is intended to implement the purposes of the statute as efficiently as practicable. Information concerning persons who have failed to appear will be generated by local political subdivisions of this state. The Vendor will provide the necessary goods and services to establish an automated information system ( "FTA System ") whereby information regarding violators subject to the provision of V.C.S. art. 6687d may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS will deny renewal of a drivers 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 certain established by this Contract and funded from fees paid by persons who are the subject of an entry in the FTA System. 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 to persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" has the meaning assigned in Article 45.01, Code of Criminal Procedure, or other lawful written notice of an offense, as provided in Article 27.14(d), Code of Criminal Procedure. "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, the local political subdivisions and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the goods and services sought to be acquired by the TDPS, including all hardware, software, consulting services, telephone support services, and related support services supplied by the Vendor. 2 "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 a traffic law complaint has been filed for which a person has failed to appear and which has filed an appropriate report with the TDPS. "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 V.C.S. art. 6687d or other relevant statute. Terms not defined in this contract or by relevant statute shall be given their ordinary meanings. IV. Governing Law This Contract is subject to the laws and the jurisdiction of the State of Texas and the United States, and shall be construed and interpreted accordingly. This Contract is entered into pursuant to Government Code Chapter 791. This Contract is entered into specifically to implement V.C.S. art. 6687d. The TDPS is authorized to contract with a private vendor pursuant to V.C.S. art. 6687d, §5. V. Venue In any suit arising from this contract or to enforce the terms of this contract, the parties agree that venue shall lie in Travis County, Texas. VI. Application and Scope of Contract VII. Warning on Citation IX. Clearance Report 3 This contract applies to each denial of license renewal for failure to appear reported to the TDPS or the Vendor by the local political subdivision under authority of V.C.S. art. 6687d. FTA reports may be submitted based on citations issued for traffic law violations on or after the date of execution of this contract, but in no event based on a traffic citation issued before September 1, 1995. A peace officer who is authorized to issue citations in the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation in the jurisdiction of the local political subdivision. This warning shall be in addition to any other warnings required by law. The wanting must state in substance that if the person fails to appear in court, as provided by law, for the prosecution of the offense, the person may be denied renewal of the person's driver's license. The written warning may be on the citation or on a separate instrument. Once the person cited has signed a citation, which constitutes a promise to appear, the person is bound thereafter to appear and respond to the traffic citation. VIII. FTA Report If the person fails to appear without good cause, the local political subdivision must provide a report to the TDPS containing the following information: the jurisdiction in which offense occurred; the political subdivision submitting the report; the name, date of birth, and the Texas driver license number of the person alleged to have committed the traffic law violation; the date of violation; a brief description of traffic law violation; a statement that the person promised to appear and failed to appear as promised; the date the person failed to appear; and 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 each FTA report is accurate, complete, and non- duplicative. The originating court which files the FTA report with the TDPS has a continuing obligation to review the report and to promptly file appropriate additional information or reports with the TDPS. Whenever a clearance report is required to be filed with the TDPS, the court shall promptly file such report with the TDPS. The clearance report shall identify the person, state whether a fee was required or not required, advise the TDPS to lift the denial of renewal, and state the grounds for the action. All clearance reports must be filed with the TDPS within twenty -four (24) hours of the time and date that the originating court receives appropriat payment or other information that satisfies the citizen's obligation to appear in the originating court. 4 If the person establishes good cause for failing to appear, then the court shall not require the person to pay the $30.00 fee under this contract. The originating court shall promptly file a clearance report advising the TDPS to lift the denial of renewal and the grounds for this action. If the person is acquitted of the underlying traffic offense for which the original FTA report was filed, then the court shall not require the person to pay the $30.00 fee under this contract. The originating court shall promptly file a clearance report advising the TDPS that the cause for the denial of renewal no longer exists and the grounds for such action. Except as otherwise required by law or provided herein, the local political subdivision shall require the person to pay an administrative fee of $30.00 for each violation for which the person failed to appear, in addition to any other fees required by law. The local political subdivision must promptly file a clearance report with the TDPS upon payment of a $30.00 fee as provided by statute and one of the following conditions: (1) the entry of a judgment against the person; (2) the perfection of an appeal of the case for which the warrant of arrest was issued; (3) the posting of bond or the giving of other security to reinstate the charges for which the warrant was issued; or (4) the payment of fines owed on an outstanding court order to pay a fine. 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 The local political subdivision understands and agrees to keep proper account of funds collected under this Contract. An officer collecting fees due under this article shall keep separate records of the funds collected under this article and shall deposit the funds in the appropriate municipal treasury. The custodian of the municipal treasury may deposit fees collected under this article in an interest- bearing account and retain for the local political subdivision the interest earned thereon. The custodian shall keep accurate and complete records of funds received and disbursed, pursuant to this contract. All reports shall be in a form approved by the comptroller. The custodian of a municipal treasury shall remit $20.00 of each fee collected under this article to the comptroller on or before the last day of the month following the close of each calendar quarter, and retain $10.00 of each fee collected under this article to the credit of the general revenue of the municipal treasury. XII. Payments to Vendor The TDPS has contracted with Omni Base Services, Inc., ( "Vendor "), a corporation organized and incorporated under the laws of the State of Texas with its principal place of business in Houston, Texas, to assist with implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: Kim Chandler, FTA Coordinator Omni Base Services, Inc. 6101 W. Courtyard Drive, Bldg. 3, Suite 210 Austin, Texas 78730 Phone: 512/346 -6511 ext. 100 Fax: 512/346 -9312 5 The local political subdivision must pay the Vendor a fee of $6.00 per offense per person for each offense which has been reported by the local political subdivision to the Vendor, and for which offense the local political subdivision has subsequently collected fees and court costs from the person. In the event that the court fords that good cause existed for the person's having failed to appear as promised, then no payment will be made to the Vendor or required of the local political subdivision. In the event that the person is acquitted of the charge for which the FTA report was issued, then no payment will be made to the Vendor or required of the local political subdivision. In the event that court costs and fees are not received by the local political subdivision, e.g., if the person serves jail time in lieu of payment of costs or fees, or if the person dies, then no payment-will be made to the Vendor or required of the local political subdivision. Provided, that if the person pays court costs and fees, but does not pay a fine assessed by the court, then payment to the Vendor is required. The parties agree that upon collection of fees from the person, payment shall be made by the local political subdivision to the Vendor on the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. If the person makes partial payment of court costs and fees assessed by the court, then the local political subdivision will make partial payment to the Vendor in an amount equal to the percentage of court costs and fees paid by the person. If the person thereafter makes additional payment toward court costs and fees, then the local political subdivision shall pay the Vendor accordingly. XIII. Litigation In the event that the local political subdivision is aware of litigation which is filed and in which this contract or V.C.S. art. 6687d is subject to constitutional, statutory or common -law challenge, or struck down by judicial decision, the Local political subdivision shall immediately notify TDPS. XIV. Contract Modification No change or waiver of any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. Any amendments, modifications or supplements to this Contract which have been agreed to by the parties shall be reduced to writing. The parties agree that no oral statement of any person whatsoever shall be taken to modify or otherwise affect the written terms of this Contract. XV. Effective Date of Contract This Contract shall be in effect from and after the day of its execution. It is the intent of the parties that this Contract shall automatically be renewed on a yearly basis, except that in the event that either party shall notify the other thirty (30) days prior to the date of expiration, that it intends not to renew the Contract. All pending denials in effect or commenced prior to the termination of the Contract shall not be affected by the termination or the notification of intended termination. Made and entered into on this the day of mR,ee i , 199 7 . TEXAS DEPARTMENT OF PUBLIC SAFETY Tom Haas Chief of Fiscal Affairs Texas Department of Public Safety Approved as to Form: John C. West, Jr. Chief, Legal Services Texas Department of Public Safety 6 Authorized Signat6.re CNAktES cuLP6PPER, mgyole, DATE: March 25, 1997 SUBJECT: City Council Meeting - March 27, 1997 ITEM: 11.B. Consider a resolution authorizing the Mayor to execute an agreement with the Department of Public Safety for Drivers License Suspension Service. STAFF RESOURCE PERSON: Buster Kuhlmann STAFF RECOMMENDATION: The Failure to Appear Program or FTA Program is another tool used to collect unpaid fines. The program authorizes the Department of Public Safety to withhold the renewal of a persons drivers license if they have outstanding unpaid fines. The Municipal Court would report unpaid fines to OmniBase Services, Inc., a vendor contracted by the Department of Public Safety for the database services of the FTA Program. The Department of Public Safety is authorized to allow the violator 60 days to pay his /her outstanding fines. On his /her failure to do so, his /her driving record would reflect an entry for "Denial of License Renewal ". If found operating a vehicle, the violator could then be arrested for Driving While License Suspended which is a Class B Misdemeanor. The license is not renewed by the Department until all outstanding fines are paid. This program will only apply to offenses that occur on or after September 1, 1995 and may decrease the number of capias pro fine warrants that are being issued. In order to participate in this program, the Council needs to enter into an agreement (a copy is attached). Staff recommends approval. • tggg rzi . 03 Interlocal Cooperation Contract STATE OF .TEXAS § COUNTY OF IN)11 I PfA oJt) 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 C /?■ of ROUND Rock, , a local political subdivision of the State of Texas. II. Overview The purpose of this contract is to implement the provisions of V.C.S. art. 6687d (Denial of Renewal of License for Failure to Appear). The TDPS has authority to contract with a private vendor ( "the Vendor ") pursuant to Section 5 of that article. The statute is intended to ensure that persons cited for traffic violations comply with a promise to appear in court to respond to a traffic citation. This Contract is intended to implement the purposes of the statute as efficiently as practicable. Information concerning persons who have failed to appear will be generated by local political subdivisions of this state. The Vendor will provide the necessary goods and services to establish an automated information system ( "FTA System ") whereby information regarding violators subject to the provision of V.C.S, art. 6687d may be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TDPS will deny renewal of a drivers 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 certain established by this Contract and funded from fees paid.by persons who are the subject of an entry in the FTA System. 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 to persons seeking to clear their licenses at all reasonable times. III. Definitions "Complaint" has the meaning assigned in Article 45.01, Code of Criminal Procedure, or other lawful written notice of an offense, as provided in Article 27.14(d), Code of Criminal Procedure. "Department" or "TDPS" means the Texas Department of Public Safety. 2 "Failure to Appear Program" or FTA Program" refers to the implementation efforts of all parties, including those system components provided by the TDPS, the local political subdivisions.and the Vendor, including the FTA System. "Failure to Appear System" or "FTA System" refers to the gopds and services sought to be acquired by the TDPS, including all hardware, software, consulting services, telephone support services, 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 a traffic law complaint has been filed for which a person has failed to appear and which has filed an appropriate report with the TDPS. "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 V.C.S. art. 6687d or other relevant statute. Terms not defined in this contract or by relevant statute shall be given their ordinary meanings. IV. Governing Law This Contract is subject to the laws and the jurisdiction of the State of Texas and the United States, and shall be construed and interpreted accordingly. This Contract is entered into pursuant to Government Code Chapter 791. This Contract is entered into specifically to implement V.C.S. art. 6687d. The TDPS is authorized to contract with a private vendor pursuant to V.C.S. art. 6687d, §5. V. Venue In any suit arising from this contract or to enforce the terms of this contract, the parties agree that venue shall lie in Travis County, Texas. VI. Application and Scope of Contract 3 This contract applies to each denial of license renewal for failure to appear reported to the TDPS or the Vendor by the local political subdivision under authority of V.C.S. art. 6687d. FTA reports may be submitted based on citations issued for traffic law violations on or after the date of execution of this contract, but in no event based oot a traffic citation issued before September 1, 1995. VII. Warning on Citation A peace officer who is authorized to issue citations in the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation in the jurisdiction of the local political subdivision. This warning shall be in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court, as provided by law, for the prosecution of the offense, the person may be denied renewal of the person's driver's license. The written warning may be on the citation or on a separate instrument. Once the person cited has signed a citation, which constitutes a promise to appear, the person is bound thereafter to appear and respond to the traffic citation. VIII. FTA Report If the person fails to appear without good cause, the local political subdivision must provide a report to the TDPS containing the following information: the jurisdiction in which offense occurred; the political subdivision submitting the report; the name, date of birth, and the Texas driver license number of the person alleged to have committed the traffic law violation; the date of violation; a brief description of traffic law violation; a statement that the person promised to appear and failed to appear as promised; the date the person failed to appear; and 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 each FTA report is accurate, complete, and non- duplicative. IX. Clearance Report The originating court which files the FTA report with the TDPS has a continuing obligation to review the report and to promptly file appropriate additional information or reports with the TDPS. Whenever a clearance report is required to be filed with the TDPS, the court shall promptly file such report with the TDPS. The clearance report shall identify the person, state whether a fee was required or not required, advise the TDPS to lift the denial of renewal, and state the grounds for the action. All clearance reports must be filed with the TDPS within twenty-four (24) hours of the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to appear in the originating court. 4 If the person establishes good cause for failing to appear, then the court shall not require the person to pay the $30.00 fee under this contract. The originating court shall promptly file a clearance report advising the TDPS to lift the denial of renewal and the grounds for this action. If the person is acquitted of the underlying traffic offense for which the original FTA report was filed, then the court shall not require the person to pay the'$30.00 fee under this contract. The originating court shall promptly file a clearance report advising the TDPS that the cause for the denial of renewal no longer exists and the grounds for such action. Except as otherwise required by law or provided, herein, the local political subdivision shall require the person to pay an administrative fee of $30.00 for each violation for which the person failed to appear, in addition to any other fees required by law. The Local political subdivision must promptly file a clearance report with the TDPS upon payment of a $30.00 fee as provided by statute and one of the following conditions: (1) the entry of a judgment against the person; (2) the perfection of an appeal of the case for which the warrant of arrest was issued; (3) the posting of bond or the giving of other security to reinstate the charges for which the warrant was issued; or (4) the payment of fines owed on an outstanding court order to pay a fine. 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. XL Accounting Procedures The local political subdivision understands and agrees to keep proper account of funds collected under this Contract. An officer collecting fees due under this article shall keep separate records of the funds collected under this article and shall deposit the funds in the appropriate municipal treasury. The custodian of the municipal treasury may deposit fees collected under this article in an interest- bearing account and retain for the local political subdivision the interest earned thereon. The custodian shall keep accurate and complete records of funds received and disbursed, pursuant to this contract. All reports shall be in a form approved by the comptroller. The custodian of a municipal treasury shall remit $20.00 of each fee collected under this article to the comptroller on or before the last day of the month following the close of each calendar quarter, and retain $10.00 of each fee collected under this article to the credit of the general revenue of the municipal treasury. XII. Payments to Vendor 5 The TDPS has contracted with Omni Base Services, Inc., ( "Vendor "), a corporation organized and incorporated under the laws of the State of Texas with its principal place of business in Houston, Texas, to assist with implementation of the FTA Program. Correspondence to the Vendor may be addressed as follows: Kim Chandler, FTA Coordinator Omni Base Services, Inc. 6101 W. Courtyard Drive, Bldg. 3, Suite 210 Austin, Texas 78730 Phone: 512/346 -6511 ext. 100 Fax: 512/346 -9312 The local political subdivision must pay the Vendor a fee of $6.00 per offense per person for each offense which has been reported by the local political subdivision to the Vendor, and for which offense the local political subdivision has subsequently collected fees and court costs from the person. In the event that the court finds that good cause existed for the person's having failed to appear as promised, then no payment will be made to the Vendor or required of the local political subdivision. In the event that the person is acquitted of the charge for which the FTA report was issued, then no payment will be made to the Vendor or required of the local political subdivision. In the event that court costs and fees are not received by the local political subdivision, e.g., if the person serves jail time in lieu of payment of costs or fees, or if the person dies, then no payment•will be made to the Vendor or required of the local political subdivision. Provided, that if the person pays court costs and fees, but does not pay a fine assessed by the court, then payment to the Vendor is required. The parties agree that upon collection of fees from the person, payment shall be made by the local political subdivision to the Vendor on the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. If the person makes partial payment of court costs and fees assessed by the court, then the local political subdivision will make partial payment to the Vendor in an amount equal to the percentage of court costs and fees paid by the person. If the person thereafter makes additional payment toward court costs and fees, then the local political subdivision shall pay the Vendor accordingly. XIII. Litigation In the event that the local political subdivision is aware of litigation which is filed and in which this contract or V.C.S. art. 6687d is subject to constitutional, statutory or common -law challenge, or struck down by judicial decision, the Local political subdivision shall immediately notify TDPS. XIV. Contract Modification No change or waiver of any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. Any amendments, modifications or supplements to this Contract which have been agreed to by the parties shall be reduced to writing. The parties agree that no oral statement of any person whatsoever shall be taken to modify or otherwise affect the written terms of this Contract. XV. Effective Date of Contract This Contract shall be in effect from and after the day of its execution. It is the intent of the parties that this Contract shall automatically be renewed on a yearly basis, except that in the event that either party shall notify the other thirty (30) days prior to the date of expiration, that it intends not to renew the Contract. All pending denials in effect or commenced prior to the termination of the Contract shall not be affected by the termination or the notification of intended termination. Made and entered into on this the a7 ' day of mac,' , 199 7 . TEXAS DEPART NT OF PUBLIC SAFETY /Vin �X: Gt•t7� r s / 4 , . Authorized Signa re CNAie es cuLP6PPER, mgyoR. Tom Haas Chief of Fiscal Affairs Texas Department of Public Safety Approved as to Form: an�elw ' rt.er Legal Services Texas Department of Public Safety 6