R2020-041 2020-08-23RESOLUTION NO. R2020-41
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
Texas Department of Public Safety associated with the implementation of an
automated Failure to Appear ("FTA") system.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain Interlocal Agreement by and between the City of Pearland and
DPS, 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 an Interlocal Agreement with the DPS.
PASSED, APPROVED and ADOPTED this the 23rd day of August, A.D., 2020.
ST:
YTAL N. ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
�ARRIN M. COKER
CITY ATTORNEY
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TOM REID
MAYOR
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TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
512/424-2000
www.dps.texas.gov
STEVEN C. McCRAW
DIRECTOR
SKYLOR HEARN
FREEMAN F. MARTIN
RANDALL B. PRINCE
DEPUTY DIRECTORS
Dear Court Administrator:
January 10, 2020
COMMISSION
STEVEN P. MACH, CHAIRMAN
A. CYNTHIA LEON
Enclosed please find the revised contract offered by the Texas Department of Public Safety to
accommodate Chapter 706 of the Texas Transportation Code. 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.).
Only one (1) original signed contract should be submitted for each political subdivision; if you
require a final copy for the court, please indicate so when you return the document. Signed
contracts should be returned to:
Texas Department of Public Safety
Attn: Enforcement and Compliance Service
5805 North Lamar Blvd.
Austin, Texas 78752-0001
After the contract has been returned to the Department it will be processed for the appropriate
signatures.
Any questions regarding the contract should be forwarded to Enforcement and Compliance
Service; Tijuana Pendergrass at (512) 424-5431.
Sincerely yours,
Frances Gomez, Manager
Enforcement and Compliance Service
EQUAL OPPORTUNITY EMPLOYER
COURTESY • SERVICE • PROTECTION
Intertocal 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... olitical subdivision of
the State of Texas, and the i_.. . i r'"7 of _ . ; �4 <::_= F':%
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 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. LICENSE RECORT
SERVICE
Mk 232
RECEIVED 1
Revised (12/11)
(0-) /04)
"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 Vendorto 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 hereinshall have the meaning assigned by
Texas Transportation Code Chapter 706 or other relevant statute. Terms not
defined in this Contract or by other relevant statutes shall be given their ordinary
meanings. -
IV. Governing Law
This Contract is entered into- pursuant to Texas Government Code Chapter 791
and is subject to the laws and jurisdiction of the State of Texas and shall be
construed and interpreted accordingly.
V. Venue
The parties agree that this Contract is deemed performable in Travis County,
Texas, and that venue for any suit arising from the interpretation or enforcement of .
this Contract shall lie in Travis County, Texas.
Vi. Application and Scope of Contract
This Contract applies to each FTA Report submitted to and accepted by the TDPS
or the Vendor by the local political subdivision pursuant to the authority of Texas
Transportation Code Chapter 706.
Revised (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.
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
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
(.7
•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 immediately advising the TOPS 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.
X. Compliance with Law
The local political subdivision understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
administrative rules adopted by the TDPS.
XI. Accounting Procedures
An officer collecting fees pursuant to Texas Transportation Code §706.0O6 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 (12r11) 4
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 focal 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 City agrees to
indemnify and hold harmless the TDPS against any claims, suits, actions,
Rtwised (12/11) 5
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 TOPS 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 ofcompetent 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 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 (12 111) 6
Local political subdivision
Texas Department of Public Safety
Attn: Enforcement and Compliance Service
5805 North Lamar Boulevard
Austin, Texas 78773-0001
(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
PUBLIC SAFETY
Sheri Gipson
Deputy Administrator
LOCAL POLITICAL SUBDIVISION*
Authorized Signature
(.; .4/411sf9S?r-
Date Title
Ce/
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.
Revised (I2/1 I) 7
DPS # DLD20180628 (Revised 01/2020)
Interlocal Cooperation Contract
Failure to Appear (FTA) Program
State of Texas
County of
I. PARTIES AND AUTHORITY
This Interlocal 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
Court of the [City or County] of (Court), a 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 Interlocal 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
renewal of a driver license to a person who is the subject of an FTA system entry.
III. PURPOSE
This Contract applies to each FTA Report submitted by the 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 will automatically renew on the anniversary
date of execution for up to three additional years unless terminated earlier.
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
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
Page 1 of 5
DPS # DLD20180628 (Revised 01/2020)
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;
4. the payment or discharge of the fine and cost owed on an outstanding judgment of the
Court; or ,.k
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DPS # DLD20180628 (Revised 01/2020)
5. other suitable arrangement to pay the fine and cost within the Courts. 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 notwaive the $10.00 reimbursement fee for any person that has been submitted
on an FTA Report, unless the person is deemed to be indigent, or the person is acquitted of
the charges forwhich the person failed to appear.
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.
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DPS # DLD20180628 (Revised 01/2020)
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 which 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 person has been acquitted of the underlying charge or is
indigent, 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. Contract Amendment. DPS and Court may amend this Contract through a written
amendment signed by an authorized signatory on behalf of the respective party.
C. Notice. The respective party will send the other party notice as noted in this section.
Court`
Deti
n'ent of Public Safety
Attn.:
Address:
Address:
Fax:
Email:
Phone:
Enforcement & Compliance Service
5805 North Lamar Blvd.
Austin, Texas 78752-0001
(512) 424-5311 [fax]
Driver.lmprovementc dps.texas.gov
(512) 424-7172
D. 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
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DPS ## DLD20180628 (Revised 01/2020)
outstanding entries of the Court in the FTA Report, resulting in the lifting of any denied
driver license renewal status from DPS.
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.
Court* Department of Public Safety
Authorized Signature Driver License Division Chief or Designee
Title
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.
Page 5 of 5