Ordinance No. 12,195C)REMN!A,NCE NO. 12,195
AM WMINMQUIC OF 1"1 -11 : crrif courWIL OF TIM (:)F 'I'LIXAS.
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Exhibit "A"
TXDPS # DLD201208090931
Interlocal Cooperation Contract
For the Failure to Appear Program
STATE OF TEXAS §
COUNTY OF §
I. 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 Court of the City or County of , a political
subdivision ( "Political Subdivision ") of the State of Texas, which shall be referred to
herein as "the Parties ".
11. 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.
Ill. 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.
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TXDPS # DLD201208090931
"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.
"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 Traff ic 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 the person fails to appear or fails to pay or satisfy a judgment as required by law, the
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TXDPS # DLD201208090931
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 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
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TXDPS # DLD201208090931
(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 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.
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TXDPS # DLD201208090931
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.
XI. 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 the person is acquitted of the charges for which the person failed to appear.
Failure to comply with this section shall result in (1) termination of this Contract for cause
and (11) 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
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TXDPS # DLD201208090931
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 Parry'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 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.
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TXDPS # DLD201208090931
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.
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
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TXDPS # DLD201208090931
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.
0. 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. TXDPS, 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. 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:
Address:
Address:
Fax:
Email:
Phone:
Attn: Enforcement & Compliance Service
5805 North Lamar Boulevard
Austin, Texas 78773 -0001
(512) 424 -5311 [fax)
Driver.ImDrovement@dos.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
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TXDPS # DLD201208090931
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.
TEXAS DEPARTMENT OF POLITICAL SUBDIVISION"
PUBLIC SAFETY
Rebecca Davio, Assistant Director Authorized Signature
Or Designee
Date
Title
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.
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TXDPS # DLD201208090931
Interlocal Cooperation Contract
For the Failure to Appear Program
STATE OF TEXAS
COUNTY OF HARRIS
I. 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 Municipal Court of the City or County 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.
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TXDPS # DLD201208090931
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.
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 the person fails to appear or fails to pay or satisfy a judgment as required by law, the
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TXDPS # DLD201208090931
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 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
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TXDPS # DLD201208090931
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 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.
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TXDPS # DLD201208090931
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.
XI. 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 the person is acquitted of the charges for which the person failed to appear.
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 Toxas 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
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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 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.
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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.
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
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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. TXDPS, 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. 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: Robert D. Leiper Attn: Enforcement & Compliance Service
Address: 2401 Market Street 5805 North Lamar Boulevard
Address: Baytown, TX 77520
Austin, Texas 78773-0001
Fax: 2s 1-420- 1 6 (512) 424-5311 [fax]
Email: Bob.Leiper@baytown.org Driver.Improvement@dps.texas.gov
Phone: 281-420-6500
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
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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.
TEXAS DEPARTMENT OF
PUBLI SAFETY,
Rebecca Davio,
Or Designee
Date
ssigtant Director
POLITICAL SUBDIVISION*
uthorized Signature
obert D. Leiper
City Manager
Title
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.
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