Ordinance No. 14,213ORDINANCE NO. 14,213
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS,
AUTHORIZING A CONTRACT WITH THE TEXAS DEPARTMENT OF PUBLIC
SAFETY REGARDING THE FAILURE TO APPEAR PROGRAM; MAKING OTHER
PROVISIONS RELATED THERETO; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
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BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS:
Section 1: That the City Council of the City of Baytown, Texas, hereby authorizes the City
Manager to execute a contract with the Texas Department of Public Safety regarding the Failure to
Appear Program. A copy of said contract is attached hereto as Exhibit "A," and incorporated herein for
all intents and purposes.
Section 2: That the City Council of the City of Baytown hereby authorizes payments
pursuant to the Agreement authorized in Section 1 hereof.
Section 3: This ordinance shall take effect immediately from and after its passage by the
City Council of the City of Baytown.
INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of
Baytown this the 26"' day of September, 2019.
ANDON CAPETILLO, ayor
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APPROVED AS TO FORM:
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NACIO RAMIREZ, SR., VAttorney
R: Karen' Files',City Council .Ordinances\2019 September 26 DPSAgreementReDenialofLicenseRenewals.doc
Exhibit "A"
Interlocal Cooperation Contract
For the Failure to Appear Program
STATE OF TEXAS §
COUNTY OF Harris §
1. Parties
This Interlocal Cooperation Contract ("this Contract") is made and entered into between the
Texas Department of Public Safety ("TXDPS"), an agency of the State of Texas, and the
City of Baytown a political subdivision
("Political Subdivision") of the State of Texas, which shall be referred to herein as "the Parties".
II.Overview
The purpose of this Contract is to implement the provisions of Texas Transportation Code,
Chapter 706. The Political Subdivision is contracting with TXDPS 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, Texas Code of Criminal Procedure.
TXDPS has a contract with a private vendor ("Vendor") pursuant to Texas Transportation Code
§706.008. The Vendor shall provide the necessary goods and services to establish an automated
system (referred to herein as the "FTA System") whereby information regarding violators subject
to the provisions of Texas Transportation Code, Chapter 706, may be accurately stored and
accessed by TXDPS. Utilizing the FTA System as a source of information, TXDPS may deny
renewal of a driver license to a person who is the subject of an FTA System entry.
The Political Subdivision contracting with TXDPS shall pay monies to the Vendor based on a
fee established by this Contract. TXDPS shall make no direct or indirect payments to the
Vendor. The Vendor shall ensure that accurate information is available to TXDPS, the Political
Subdivision and persons seeking to clear their license at all reasonable times.
III. Definitions
"Complaint" means the notice of an offense as defined in Article 27.14(d) or Article 45.019,
Texas Code of Criminal Procedure.
"Department" or "TXDPS" means the Texas Department of Public Safety.
"Failure to Appear Program" or "FTA Program" means the implementation efforts of all parties,
including those system components provided by TXDPS, political subdivisions and the Vendor,
including the FTA System.
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"Failure to Appear Report" or "FTA Reports" means a notice sent by the political subdivision
requesting person(s) be denied renewal in accordance with this Contract.
"Failure to Appear System" or "FTA System" means the goods and services, including all
hardware, software, consulting services, telephone and related support services, supplied by the
Vendor.
"FTA Software" means the computer software developed or maintained now or in the future by
the Vendor to support the FTA System.
"Originating Court" means 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" means the State of Texas.
"Political subdivision" means a municipality 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. Application and Scope of Contract
This Contract applies to each FTA Report submitted to and accepted by TXDPS or the Vendor
by the Political Subdivision pursuant to the authority of Texas Transportation Code, Chapter
706.
V. Required Warning on Citation for Traffic Law Violations
A peace officer authorized to issue citations within the jurisdiction of the 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.
VI. FTA Report
If a person fails to appear or fails to pay or satisfy a judgment as required by law, the Political
Subdivision may submit an FTA Report to the Vendor containing the following information:
(1) the jurisdiction in which the alleged offense occurred;
(2) the name of the Political Subdivision submitting the report;
(3) the name, date of birth and Texas driver license number of the person who failed to
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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 TXDPS.
There is no requirement that a criminal warrant be issued in response to the person's failure to
appear. The Political Subdivision must make reasonable efforts to ensure that all FTA Reports
are accurate, complete and non -duplicative.
VII. Clearance Reports
The Political Subdivision 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 or
TXDPS. The clearance report shall identify the person, state whether or not a fee was required,
advise TXDPS to lift the denial of renewal and state the grounds for the action. All clearance
reports shall be submitted immediately, but no later than two (2) business days, from the time
and date that the Political Subdivision receives appropriate payment or other information that
satisfies the person's obligation to that Political Subdivision.
To the extent that a Political Subdivision utilizes the FTA Program by submitting an FTA
Report, the Political Subdivision shall 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 Political Subdivision shall not require payment of the administrative fee.
A clearance report shall be submitted 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
(5) other suitable arrangement to pay the fine and cost within the court's discretion.
TXDPS will not continue to deny renewal of the person's driver license after receiving notice
from the Political Subdivision that the FTA Report was submitted in error or has been destroyed
in accordance with the Political Subdivision's record retention policy.
VIII. Quarterly Reports and Audits
The Political Subdivision shall submit to TXDPS quarterly reports in a format established by
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It
TXDPS.
The Political Subdivision is subject to audit and inspection at any time during normal business
hours and at a mutually agreed upon location by the State Auditor, TXDPS, and any other
department or agency, responsible for determining that the Parties have complied with the
applicable laws. The Political Subdivision shall provide all reasonable facilities and assistance
for the safe and convenient performance of any audit or inspection.
If any of the transactions performed by the Political Subdivision do not conform to this Contract
or to TXDPS standards, TXDPS may require the Political Subdivision to perform the
transactions again at its own cost until acceptable to TXDPS.
The Political Subdivision shall keep all records and documents regarding this Contract for the
term of this Contract and for four (4) years after the termination of this Contract.
IX. Accounting Procedures
The Political Subdivision 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 Political Subdivision may deposit such fees in an interest -bearing account
and retain the interest earned thereon for the Political Subdivision. The Political Subdivision
shall keep accurate and complete records of funds received and disbursed in accordance with this
Contract and the governing statutes.
The Political Subdivision 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 to be allocated as follows: $6.00 is for payment to the
Vendor; and $4.00 is credited to the general fund of the municipal or county treasury.
X. Payments to Vendor
TXDPS has contracted with a Vendor to assist with the implementation of the FTA Program.
The Political Subdivision shall pay the Vendor a fee of $6.00 per person for each violation which
has been reported to the Vendor and for which the 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 shall be made to the Vendor or required of the
Political Subdivision.
The Political Subdivision agrees that payment shall be made by the 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 Political Subdivision.
TXDPS shall have no responsibility to pay the Vendor for any fees collected by the Political
Subdivision.
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M. Non -Waiver of Fee
The Political Subdivision shall not waive the $30.00 administrative fee for any person that has
been submitted on an FTA Report, even if the person is deemed to be indigent, unless (i) the
person is acquitted of the charges for which the person failed to appear or (ii) the FTA Report
was submitted in error.
Failure to comply with this section shall result in (i) termination of this Contract for cause and
(ii) the removal of all outstanding entries of the Political Subdivision in the FTA Report,
resulting in the lifting of any denied driver license renewal status from TXDPS.
XII. General Terms and Conditions
A. Compliance with Law
The Political Subdivision understands and agrees that it shall comply with all local, state and
federal laws in the performance of this Contract, including administrative rules adopted by
TXDPS.
B. 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.
C. Venue
Except as otherwise provided by Chapter 2260 of the Texas Government Code, venue for any
litigation between the Parties shall be Travis County, Texas.
D. Chapter 2260, Texas Government Code
The Political Subdivision shall use the dispute resolution process provided for in Chapter 2260 of
the Texas Government Code and the applicable TXDPS administrative rules to attempt to
resolve all disputes or contract claims arising under this Contract.
E. Litigation and Liability
In the event that the 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 Political Subdivision shall make a good
faith effort to notify TXDPS immediately.
Each Party to this Contract agrees that it shall have no liability whatsoever for the actions and/or
omissions of the other Party's employees and officers, regardless of where the individual's
actions and/or omissions occurred. Each Party is solely responsible for the actions and/or
omissions of its employees and officers; however, such responsibility is only to the extent
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required by Texas law. Where injury or property damage result from the joint or concurring acts
and/or omissions of the Parties, any liability shall be shared by each Party in accordance with the
applicable Texas law, subject to all defenses, including governmental immunity. These
provisions are solely for the benefit of the Parties hereto and not for the benefit of any person or
entity not a Party hereto; nor shall any provision hereof be deemed a waiver of any defenses
available by law.
F. No Joint Enterprise
TXDPS is associated with the Political Subdivision only for the purposes and to the extent set
forth herein, and with respect to the performance hereunder, the Political Subdivision is and shall
be an independent contractor and shall have the sole right to supervise, manage, operate, control,
and direct the performance of the details incident to its duties hereunder. Nothing contained
herein shall be deemed or construed to create a partnership or joint venture, to create the
relationships of an employer -employee or principal -agent, or to otherwise create any liability for
TXDPS whatsoever with respect to the indebtedness, liabilities, and obligations of the Political
Subdivision or any other party.
G. No Apparent Agency
Neither Party has authority for or on behalf of the other except as provided in this Contract. No
other authority, power, partnership, or rights are granted or implied.
H. Contract Modification
No modifications, amendments or supplements to, or waivers of, any provision of this Contract
shall be valid unless made in writing and signed by both Parties to this Contract.
I. 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.
J. Non -Waiver of Defaults
Any failure of TXDPS, at any time, to enforce or require the strict keeping and performance of
any provision of this Contract, shall not constitute a waiver of such provision, and shall not affect
or impair same or the right of TXDPS at any time to avail itself of same. Any acceptance,
payment, or use by TXDPS shall not constitute a waiver or otherwise impair or prejudice any
right, power, privilege, or remedy available to TXDPS to enforce its rights, as such rights,
powers, privileges, and remedies are specifically preserved.
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K. Non -Incorporation
This Contract constitutes the entire agreement between the Parties with regard to the matters
made the subject of this Contract. There are no verbal representations, inducements, agreements,
understandings, representations, warranties, or restrictions between the Parties other than those
specifically set forth herein.
L. Non -Assignment
Neither party shall assign its rights nor delegate its duties under this Contact without prior
written consent of the other Party.
M. Headings
The headings, captions, and arrangements used in this Contract are, unless specified otherwise,
for convenience only and shall not be deemed to limit, amplify, or modify the terms of this
Contract, nor to affect the meaning thereof.
N. Interpretation Against the Drafter
Regardless of which Party drafted this Contract or the language at issue, any ambiguities in this
Contract or the language at issue will not be interpreted against the drafting party.
O. Multiple Counterparts
This Contract may be executed in a number of identical counterparts, each of which shall be
deemed an original for all purposes. In making proof of this Contract, it shall not be necessary to
produce or account for more than one such counterpart.
P. 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.
Q. Termination
1. Termination for Cause. Either Party may terminate this Contract if the other Party
neglects or fails to perform or observe any of its material obligations herein, and such
default continues for thirty (30) days following receipt of written notice of such default.
2. Termination for Convenience. Either Party, upon thirty (30) days written notice, may
terminate this Contract in whole or in part.
3. Mutual Termination. This Contract may be terminated by mutual agreement and consent,
in writing, of both Parties.
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.
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Failure to comply with this continuing obligation to report shall result in the removal of all
outstanding entries of the Political Subdivision in the FTA Report, resulting in the lifting of any
denied driver license renewal status from TXDPS.
R. Notice
Any notice required or permitted under this Contract shall be directed to the respective Parties at
the addresses shown below and shall be deemed given: (1) when delivered in hand and a receipt
granted; (2) when received if sent by certified mail, return receipt requested; (3) upon three
business days after deposit in the U.S. mail; or (4) when received if sent by confirmed facsimile
or confirmed email.
Political Subdivision Texas Department of Public Safety
Attn: City Manager
Address: 2401 Market Street
Address: Baytown, TX 77520
Fax: 281-420-6586
Email: citymana eg r@baytown.org
Phone: 281-420-6500
Attn: Enforcement & Compliance Service
5805 North Lamar Boulevard
Austin, Texas 78752-0001
(512) 424-5311 [fax]
Driver.ImprovementQdi2s.texas.gov
Either of the Parties may change its address or designated individual(s) to receive notices by
giving the other Party written noticed as provided herein, specifying the new address and/or
individual and the date upon which it shall become effective.
XIII. Signature Authority
The signatory for the Political Subdivision hereby represents and warrants that he/she has full
and complete authority to enter into this Contract on behalf of the Political Subdivision.
XIV. Certifications
The Parties certify that each Party paying for the performance of governmental functions or
services must make those payments from current revenues available to the paying party.
The Parties certify that this Contract is authorized by the governing body of the Parties.
The Parties certify that each has the authority to enter into this Contract by authority granted in
Texas Transportation Code, Chapter 706.
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TEXAS DEPARTMENT OF POLITICAL SUBDIVISION*
PUBLIC SAFETY
Driver License Division Director Authorized Signature
Or Designee
City Manager
Title
Date Date
*An additional page may be attached if more than one signature is required to execute this
Contract on behalf of the Political Subdivision. Each signature block must contain the person's
title and date.
TXDPS # DLD201208090931 (Rev. 2019)
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