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HomeMy WebLinkAboutO-1997-2176 e e ORDINANCE NO. 97-2176 AN ORDINANCE APPROVING AND AUTHORIZING AN INTERLOCAL COOPERATION CONTRACT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF PUBLIC SAFETY, TO IMPLEKENT THE PROVISIONS OF V.C.S ART. 6687d, DENIAL OF RENEWAL OF LICENSE FOR FAILURE TO APPEAR; FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement, or other undertaking described in the title of this ordinance, in substantially the form as shown in the document which is attached hereto and incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. section 2. The City Council officially finds, determines, recites, and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the ci ty for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ratifies, approves and confirms such written notice and the contents and posting thereof. Section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. . . ORDINANCB NO. 97-2176 PAGB 2 PASSED AND APPROVED, this 19th day of May, 1997. CITY OF LA PORTE By: ATTEST: ~Ce(. lfrJcd Acting City Secretary Knox W. Askins, City Attorney . , " . e e ~ Interlocal Cooperation Contract STATE OF TEXAS \.. COUNTY OF HARRIS ~ ~ ~ I. Parties This Interlocal Cooperation Contraet ("Contract") is made and entered' into between the Texas Department of Public Safety (nTDPS"), a political subdivision of the State of Texas, and the City of La Porte , a local political subdivision of the State of Texas. II. Overview The purpose of this contract is to implement the provisions of V.C.S. art. 6687d (Deniaf of Renewal of License for Failure to Appear). The TDPS has authority to contract with a private vendor ("me Vendor") pursuant to Section 5 of that article. The statute is intended to ensure that persons cited for traffic violations comply with a promise to appear in court to respond to a traffic 'citation. This Contract is intended to implement the purposes of the statute as efficiently as practicable. Information concerning persons who have failed to appear will be generated by local political subdivisions of this state, The Vendor will provide the necessary goods and services to establish an automated information system ("FTA System") whereby information regarding violators subject to the provision of V.C.S: art. 6687d may'be accurately stored and accessed by the TDPS. Utilizing the FTA System as a source of information, the TD~S will deny renewal of a drivers license to a person who is the subject of an FTA System entry. Each local political subdivision contracting with the TDPS will pay monies to the Vendor, based on a fee certain established by this Contract and funded from fees paid by persons who are the subject of an entry in the FTA System, The TDPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TDPS, political subdivisions, and to persons seeking to clear their licenses :at all reasonable times . m. Definitions "Complaint" has the meaning assigned in Article 45.01, Code of Criminal Procedure, or other lawful written notice of ~ offense, as provided in Article 27. 14(d) , Code of Criminal Procedure. e, e 2 "Department" or "TDPS" ~eans the Texas Deparnnent of Public Safety. ~ "Failure to Appear Program" or FTA Program" refers to the implementation efforts of alt' parties, including those system components provided by the TDPS, th~ local political subdivisions and the Vendor, including the FrA System. "Failure to Appear System" or "FTA System" refers to the goods and services sought to be acquired by the TDPS, including all hardware, software! consulting services, telephone sUpport services, and related support services supplied by the Vendo~. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FT A System. "Originating court" refers to the court in which a traffic law complaint has been filed for which a person has failed to appear and which has filed an appropriate report with the TDPS. "State" refers to the State of Texas, "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defmed, teons used herein shall have the meaning assigned by V.C.S, art. 6687d or other relevant statute. Terms not defined in this contract or by relevant statute shall be given their o'rdinary meanings. IV. Governing Law This Contract is subject to the laws and the juriSdiction of the State of Texas and the United States, and shall be construed and interpreted accordingly. This Contract is entered. into pursuant to Government Code Chapter 791. This Contract is entered. into specifically to implement V.C,S. art, 6687d, The TDPS is authorized to contract with a private vendor pursuant to V.C,S. art. 6687d, ~5, . v. Venue In any suit arising from this contract or to enforce the terms of this contract, the parties agree that venue shall lie in Travis County, Texas. -. ", , , " e e 3 VI. Application and Scope of Contract '- This contract applies to each denial of license renewal for failure to appear reported to the TDPS or the. Vendor by the local political subdivision under authority of V.C.S. art. 6687d, Ff A reports may be submitted based on citations issued for traffic law violations on or after the date of execution of this contract, but in no event based on a traffic citation issued before September 1, 1995. '. Vll. Warning on Citation A peace officer who is authorized to issue citations in the local political subdivision shall issue a written warning to each person to whom the officer issues a citation for a traffic law violation in the jurisdiction of the local political subdivision. This' warning shall be in addition to any other warnings required by law. The warning must state in substance that if the person fails to appear in court, as provided by law, for the prosecution of the offense, the person may be denied renewal of the person's driver's license. The written warning may be on the citation or on a separate instrument. Once the person cited has signed a citation, which constitutes a promise to appear, the person is bound thereafter to appear and respond to the traffic citation. VIII. FTA Report If the person fails to appear without good cause, the local political subdivision must provide a report to the TDPS containing the following information: the jurisdiction in which offense occurred; the political subdivision submitting the report; the name, date of birth, and the Texas . driver license number of the person alleged to have committed the traffic law. violation; the date of violation; a brief description of traffic law violation; a statement that the person promised to appear and failed to appear as promised; the date the person failed to appear; and any other information required by the TD PS: .' There. is 'no requirement that,a criminal warrant be issued in response to the person's failure to appear. The local political subdivision must make reasonable efforts to ensure that each FI' A report is accurate, complete, and non- duplicative, IX. Clearance Report The originating court which fIles the Ff A report with the TDPS has a continuing obligation to review the report and to promptly file appropriate additional information or reports with the TDPS. Whenever a clearance report is required to be filed with the TDPS, the court shall promptly me such report with the TDPS. The clearance report shall identify the person, state whether a fee was required or not required, advise the TDPS to lift the denial of renewal, and state the grounds for the action. All clearance reports must be flIed with the TDPS within twenty-four (24) hours of the time and date that the originating court receives appropriate payment or other information that satisfies the citizen's obligation to appear in the originating court. . ..i e. e . 4 If the person establishes good ~use for failing to appear, then the court shall not require the person to pay the $30.00 fee under this contract. The originating court shall prompay file a clearance report advising the TDPS to lift the denial of renewal and the grounds for this' action. -.... If the person is acquitted of the underlying traffic offense for which the original FrA report was filed, then the court shall not require the person to pay the $30.00 fee under this contract. The originating court shall promptly file a clearance report ~dvising the TDPS that the cause for the denial of renewal no longer exists and the grounds for such action. Except as otherwise required by law or provided herein, the local political subdivision shall require the person to pay an administrative fee of $30.00 f~r each violation for which the person failed to appear, in addition to any other fees required by law, The local political subdivision must promptly fIle a clearance report with the TDPS upon payment of a $30.00 fee as provided by statute and one of the following conditions: (1) the entry of a judgment against the person; (2) the perfection of an appeal of the case for which the warrant of arrest was issued; (3) the posting of bond or the giving of other security to reinstate the charges for which the warrant was issued; or (4) the payment of fmes owed on an outstanding court order to pay a fine. x. Compliance With Law The local political subdivision understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract, including administrative rules adopted by the TDPS. XI. Accounting Procedures The local political subdivision Wlderstands and agrees to keep proper acCount of funds collected under this Contract. An officer collecting fees due under this article shall keep separate records of the funds collected under this article and shall deposit the funds in the appropriate municipal treasury, The custodian of the municipal treasury may deposit fees collected under this article in an interest-bearing account and retain for the local political subdivision the interest earned thereon. The custodian shall keep accurat~ and complete records of funds received and disbursed, pursuant to this contract. All reports shall be in a form approved by the comptroller. The custodian of a municipal treasury shall remit $20.00 of each fee collected Wlder this article to the comptroller on or before the last day of the month following the close of each calendar quarter, and retain $10.00 of each fee collected under this article to the credit of the general revenue of the municipal treasury. e e 5 XII. Payments to Vendor '- .... The TDPS has contracted with Omni Base Services, Inc., ("Vendor"), a corpo"ration organized and incorporated under the laws of the State of Texas with its principal place of business in Houston, Texas, to assist with implementation of the FT A Program. Correspondence to the Vendor may be addressed as follows: Joy Wenker, FTA Coordinator Ornni Base Services, Inc. . 6101 W. Courtyard Drive, Bldg. 3, Suite 210 Austin, Texas 78730 Phone: 512/346-6511 ext. roo Fax: 512/346-9312 The local political subdivision must pay the Vendor a fee of $6.00 per offense per person for each offense which has been reported by the local political subdivision to the Vendor, and for which offense the local political subdivision has subsequently collected fees and court costs from the person. In the event that the court finds that good cause existed for the person I s having failed to appear as promised, then no payment will be made to the Vendor or required of the local political subdivision. IIi the event that the person is acquitted of the charge for which the FT A report was issued, then no payment will be made to the Vendor or required of the local political subdivision. In the event that court costs and fees are not received by the local political subdivision, e.g., if the person serves jail time in lieu of payment of costs or fees, or if the person dies, then no payment will be made to the Vendor or required of the local political subdivision. Provided, that if the person pays court costS and fees, but does not pay a fine assessed by the court, then payment to the Vendor is required. The parties agree that upon collection of fees from the person, payment shall be made by the local political subdivision to the Vendor on the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. If the person makes partial payment of court costs and fees assessed by the court, then the local political subdivision will make partial payment to the Vendor in an amount equal to the percentage of COUrt costs and fees paid by the person. If the person thereafter makes additional payment roward court costs and fees, then the local political subdivision shall pay the Vendor accordingly. e e 6, XIII. Litigation ~ In the event that the local political subdivision is aware of litigation which is .filed and in which this comract or V.C.S. art. 6687d is subject to constitutional, statutory"- or common-law challenge, or struck down by judicial decision, the Local political subdivision shall immediately notify TDPS, XIV. Contract Modification No change or waiver of any provision of this COfltract shall be valid unless made in writing and executed in the same manner as this Contract. Any amendments, modifications or supplements to this Contract whic~ have been agreed to by the parties shall be reduced to writing. The parties agree that no oral statement of any person whatsoever shall be taken to modify or otherwise affect the written terms of this Contract. XV. Effective Date of Contract This Contract shall be in effect from and after the day of its execution. It is the imem of the parnes that this Comract shall automatically be renewed on a yearly basis, except that in the evem that either party shall notify the other thirty (30) days prior to the date of expiration, that it intends not to renew the Contract. All pending denials in effect or commenced prior to the termination of the Contract shall n9t be affected by the termination or the notification of intended termination. Made and. entered imo on this the 16th day of October ,1997 TEXAS DEPARTMENT OF PUBLIC SAFETY Pr ttes-r '. 1!/;M-litfA. a I .)41 j 1111 . C~OF~e.EmrY Tam Haas f~ '#~f Chief of Fiscal Affairs {Texas Department of Public Safety (\\! . Approved as to Form: ,~ \ u. " S~cnature ~~ Litchfield Assistant City Manager City of La Porte, Texas John C. West, r. Chief, Legal ervices Texas Department of Public Safety JL~