R2005-0072 04-25-05 RESOLUTION NO. R2005-72
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN INTERLOCAL AGREEMENT WITH THE DEPARTMENT
OF PUBLIC SAFETY ("DPS") WHICH ALLOWS FOR THE CITY'S
PARTICIPATION IN THE DPS FAILURE TO APPEAR PROGRAM.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and the
Department of Public Safety, a copy of which is attached hereto as Exhibit"A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with the Department of Public Safety which
allows for the City's participation in the DPS Failure to Appear Program.
PASSED, APPROVED and ADOPTED this the 25th day of Apri
A.D., 2005.
TOM REID
MAYOR
ATTEST:
UNG R IN , C
C Y S RETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. 2005-72
Interlocal Cooperation Contract
STATE OF TEXAS §
COUNTY OF §
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 of , 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 §706.008. 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
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
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.
"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.
lf,
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. 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.
, - , .
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.
Xl. 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
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 Mopac, 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.
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.
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
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
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.
However, either party may terminate this agreement upon thirty days written
notice to the other party. Notice may be given at the following addresses:
Local Political Subdivision Texas Department of Public Safety
Safety Project Administrator, FTA Program
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(514 424-5948 [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 POLITICALSUBDIVISION* _
PUBLIC SAFETY
"
Oscar Ybarra Authorized Signature Bill El sen
Chief of Finance "
City Manager
Date Title
April 26, 2005
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.
oc
Pyki.� TEXAS DEPARTMENT OF PUBLIC SAFETY
A r A
FAILURE TO APPEAR PROGRAM
As a result of nonpayment of fines and costs associated with certain violations,
political subdivisions and the State of Texas have encountered a significant loss,
of revenue.
The TOPS offers a solution to serve the political subdivisions by denying the
renewal of the driver license for failure to appear or failure to pay or satisfy a
judgment ordered by a court. It is estimated that between 95 and 98 percent of the
FTA offenders will comply with the political subdivisions that contract with the
Department.
The intent of the Failure to Appear Program is to provide a system that requires the violator to
appear before the originating court for a final disposition. This pamphlet identifies the sequence
of events designed to bring both traffic and non-traffic violators to justice.
Texas Transportation Code Chapter 706 authorizes the Department to contract with political
subdivisions to deny the renewal of an individual's driver license for failure to appear for a
complaint or citation or failure to pay or satisfy a judgment ordering payment of a fine or 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 main provisions of Chapter 706 are as
follows:
• Authorizes the Department to contract with a private vendor to implement the system.
• Requires the political subdivision to compensate the vendor for services (prohibits the
use of state funds to compensate a private vendor).
• Provides for an administrative fee of$30.00 for each offense.
• Establishes immunity from suit and damages for the state and political subdivisions.
• Authorizes the Department to adopt rules to implement the provisions of the bill.
• Requires the peace officer to give written notice of the sanction at the time a citation for a
traffic law violation is issued.
• Applies to offenses that occur on or after September 1, 1999.
Chapter 706 applies to both traffic and non-traffic violations. Traffic violations regulate a
driver's conduct or condition while operating a motor vehicle, or the condition of a motor vehicle
while it is being operated on a street, road or highway. Non-traffic violations are those usually
found in the Texas Penal Code and associated state laws and city ordinances.
Required Warning on Citations 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
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the offense, or 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 document.
Warrants:
It is currently estimated that as few as 25 percent of warrants issued are brought to final
disposition. This means that over one and three quarter million offenders are ultimately not
brought to justice.
The FTA Program does not require a warrant to be issued in response to a person's failure to
appear. Whether a political subdivision issues a warrant or not is irrelevant to an offense being
accepted into the FTA system. It is the opinion of the political subdivision whether or not to
continue issuing warrants. However, the warrant fee can only be enforced if a warrant is issued.
Some courts have decided to issue a warrant in addition to entering an individual into the FTA
system,while others have stated they will no longer issue warrants.
Program Summary
Court Requirements:
A contract between the Texas Department of Public Safety and the political subdivision must be
in effect to implement the provisions of Texas Transportation Code Chapter 706. The Contract
automatically renews on a yearly basis, absent notification of non-renewal. However, either party
may terminate the Contract upon thirty (30) days written notice to the other party. After
termination, the local political subdivision has a continuing obligation to report final dispositions
and collect fees for all violators in the FTA system at the time of termination.
In order to have a violator entered into the FTA system, political subdivisions must electronically
send a FTA report with the following information:
• The jurisdiction in which the alleged offense occurred
• Name of the political subdivision submitting the report
• Name, date of birth and Texas Driver License number of the person who failed to appear
or failed to pay or satisfy a judgment
• The date(s)of the alleged violation(s)
• Brief description of the alleged violation(s)
• Fine amount
• Docket number
• Statement that the person failed to appear or failed to pay or satisfy a judgment
• Date that the person failed to appear or failed to pay or satisfy a judgment
The $30.00 administrative fee should be included in the reported court fee in order to provide
accurate fine information to the violator.
It is the responsibility of all political subdivisions to provide accurate, complete and non-
duplicative information.
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Vendor Services:
The Texas Department of Public Safety has contracted with OmniBase Services of Texas, LP, to
assist with the automation of the FTA Program. OmniBase will be utilized as the source database
of original FTA record entries from the political subdivisions. This automated information system
accurately stores and accesses records that will be made available to the Department.
OmniBase will maintain records on each person after compliance for five years and indefinitely on
those who do not comply. This contractor will also maintain accessible customer support
services, including a toll-free telephone line to answer and resolve questions from persons who
are subject to denial of their driver license.
OmniBase will provide and maintain complete and accurate records on all transactions with
political subdivisions and the Department. Data collected from any political subdivision, including
the Department, shall be considered confidential and such data shall be used only for the
purposes established in the contract.
OmniBase will provide the necessary protocol for using electronic methods and software to the
political subdivisions at no cost.
OmniBase will mail the initial letter to the offender on modified Department letterhead. This
document lists the court name, offense date, docket number, outstanding offense description,
fines, costs, and fee amount, the originating court's address and telephone number, a toll-free
number for inquiries,as well as sanctions for non-compliance.
Clearance Requirements:
Within 5 business days of the time and date that payment or compliance information is received,
the originating court should provide clearance information on the reported violator to the Vendor.
All information will be entered on a computer and uploaded to the Vendor. If final disposition is
received, it should be provided in the following manner:
• Name
• Texas Driver License number
• Docket number
• Plea
• Disposition
• Penalty
A $30.00 administrative fee will apply to each FTA offense. Twenty dollars ($20.00) of each fee
collected will be sent to the State Comptroller's office on or before the last day of the month
following the end of the calendar quarter. The local political subdivision must pay the Vendor a
fee of six dollars ($6.00)for each offense that has been reported to the Vendor and for which the
political subdivision has collected the $30 fee. The remaining four dollars ($4.00) will be retained
by the political subdivision.
In the event that the individual is acquitted of the underlying charge, the originating court shall not
require payment of the administrative fee. In the event that court costs and fees are not received
by the local political subdivision (e.g. if the court rules an individual as indigent or the individual
3
dies) then the administrative fee shall not be required. If an individual is ordered to pay court
costs and fees, but is not assessed a fine, payment of the administrative fee is still required.
Timely payment must 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.
DPS Services:
Once information has been transmitted to the Vendor, a data cartridge tape is produced and
delivered to DPS. The tape contains all entries as well as final dispositions that have occurred
since the previously delivered tape.
Upon receipt at DPS, the FTA data cartridge is downloaded into the mainframe computer. The
Department will perform an edit against all driver records and all erroneous data will be rejected
and returned to the political subdivision for correction. All accepted data will automatically turn on
a FTA flag for the appropriate driver record.
In lieu of a driver license renewal notice, the Department will notify FTA offenders by letter and
inform the offender that the renewal of his/her license will be denied. In addition, the letter will
provide the toll-free number for compliance information and will inform the offender of the
consequences of driving while license invalid (DWLI). (See Transportation Code§521.457)
If the FTA offender should go to the Driver License office to renew their license, after receiving
notice of denial, they will be issued a sixty-day temporary permit. If the offender inquires about
outstanding FTA citations, the clerk will refer the offender to the toll-free number provided by the
Vendor.
Upon receipt at DPS headquarters, renewal requests with outstanding FTA citations will be
withheld from the license manufacturing process. The renewal request is updated on the basic
screen and the driver record is marked, "DENY RENEWAL LTR#2-FTA".
The Department will generate a second letter to the FTA offender that will inform the offender that
his/her driver license will not be renewed because of outstanding FTA citations. In addition, the
letter will inform the offender that upon the expiration of the temporary permit, all driving privileges
will be denied. The letter will provide the toll-free number for compliance information, inform the
offender of the driving while license invalid (DWLI) consequences, and inform him/her that upon
compliance,the driver license will be produced and mailed.
After compliance is received, an automated process will be utilized to produce a driver license
and the record will reflect"COMPLIANCE RECEIVED-FTA". The driver license is then mailed to
the individual.
If a person does not comply and/or the person does not attempt to renew their license (including
offenders who attempt to renew their license up to one year prior to the expiration), sixty days
after the expiration of the driver license or the issuance of a temporary permit, whichever comes
first, a third letter will be generated to notify the individual that he/she is officially denied renewal
of his/her driver license. The Department will simultaneously update the driver record to reflect
"DENY RENEWAL-FTA". The FTA offender will then fall under the existing DWLI statutes if
found operating a vehicle.
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Technical Overview
Equipment and Software Requirements:
Participation in the FTA program requires the participating jurisdiction to have an appropriate
computer. For other than a few large jurisdictions, participation requires a Windows 95, Windows
98, Windows NT, or later version of a Windows operating system, and an IBM PC or compatible
with a minimum 486 processor, 16 megabytes of Random Access Memory, 500 megabyte or
larger hard drive, and a compatible modem. The Vendor will provide the software necessary for
the jurisdiction to participate in the FTA Program at no charge. The software is referred to as
Remote Entry System (RES)software.
If the jurisdiction uses a third-party court software vendor, (i.e., OCA, CSI, HCS, etc.) the court
software vendor's application will manage the database, do the reporting of offenses, make
corrections on denied/rejected records and export them to RES. Accordingly,the jurisdiction may
be able to avoid the double entry of violations and only use RES for the transmission of the
offenses to the Vendor.
The jurisdiction will use its computer to upload data through a Modem to the Vendor's server.
Each business day, the Vendor will download the data received from jurisdictions and export the
data to a 3480 data tape. The tape is delivered to DPS daily where it is processed against driver
license records. After processing, DPS provides confirmation or a rejected status of the records
that were transmitted the previous day. The Vendor retrieves the daily tapes and processes the
confirmations and rejections into the Vendor database server for the jurisdiction to download the
next time the jurisdiction transmits.
RES will report all records rejected by DPS. The jurisdiction may correct and retransmit the
records that were rejected.
An alternative means of transmission may be available to large jurisdictions that have a
mainframe or server and are expecting to transmit a large volume of cases each day. These
systems may either use the RES system or transmit records directly to the Vendor server by
modem or the Internet. This alternative may require special programming by the jurisdiction and
would be at the jurisdiction's own expense.
This summary is intended to provide a general description of the technical application of the
Failure to Appear Program. For more specific information on the technical systems,jurisdictions
may contact the vendor,OmniBase Services of Texas, LP, at(512)346-6511.
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