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HomeMy WebLinkAboutO-2005-2823 c REQUEST FOR CITY COUNCIL AGENDA ITEM Agenda Date Requested: April 11. 2005 Appropriation Requested By: Aimee Rird-Conrt Administrator Source of Funds: Department: MUllkip:il1 CQurt Account Number: Report: X Resolution: Ordinance: X Amount Budgeted: City Ordinance Amount Requested: Exhibits: Exhibits: Contract Budgeted Item: YES NO Exhibits: Program Highlight Sheet SUMMARY & RECOMMENDATION Attached is a copy of a Inter-local cooperation contract from the Texas Department of Public Safety (OMNIBASE) and a City Ordinance approving and authorizing an agreement between the City of La Porte and the Texas Department of Public Safety (OMNIBASE) to enter into the FTA program which denies issuance of defendant's drivers license until payment of outstanding warrants are received by the City of La Porte Municipal Court. The Municipal court will be required to collect an additional $30.00 fee that will be distributed and paid on a quarterly basis. The department of Public Safety will receive $20.00, Ornnibase will receive $6.00 and the City of La Porte will retain $4.00 for each case cleared. Also attached is a FT A Program highlight sheet containing statistical data and information about the programs history. Action Required bv Council: To consider approval of the TA rogram contract with the Department of Public Safety (OMNIBASE) to assist the Municipal Court with collections of outstanding fees, fines and warrants. j Cc:'/Av\h 'fiJ ~~ tf--&, -CJ 5 Date Approved for City Council Al!enda ORDINANCE NO. 2005- AN ORDINANCE APPROVING AND AUTHORIZING AN AGREEMENT BETWEEN THE CITY OF LA PORTE AND THE TEXAS DEPARTMENT OF PUBLIC SAFETY (OHNIBASE), TO ENTER INTO THE FTA PROGRAM WHICH DENIES ISSUANCE OF A DEFENDANT'S DRIVERS LICENSE UNTIL PAYMENT OF OUTSTANDING WARRANTS IS RECEIVED BY THE CITY OF LA PORTE MUNICIPAL COURT, MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT, 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, a copy of which is on file in the office of the City Secretary. 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 City for the time required by law preceding this meeting, as required by the Open Meetings Law, Chapter 551, Texas Goyernment 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. PASSED AND APPROVED, this 11th day of April, 2005. CITY OF LA PORTE ~LY~ Alton E. Porter Mayor ATTEST: '1]@!!%gie~' City Secretary AP.PROVED: ;7 P:~;?V:~~ Knox W. Askins City Attorney By: 2 i Interlocal Cooperation Contract STATE OF TEXAS COUNTY OF ~ ~ ~ I. Parties This Interlocal Cooperation Contract ("Contract") is made and entered into between the Texas Department of P~blic Safety ("TOPS"), a political subdivision of the State of Texas, and the ('f:~\1 of ~, a local political subdivision of the State of Texas. ----;- II. Overview The purpose of this Contract is. to implement the provIsions of Texas Transportation Code Chapter 706. A local political subdivision may contract with the TOPS 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 payor satisfy a judgement ordering payment of a fine or cost in the manner ordered by the court in a manner involving any offense that a court has jurisdiction of under Chapter 4, Code of Criminal Procedure. The TOPS has authority to contract with a private vendor ("Vendor") pursuant to Texas Transportation Code S706.008. 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 TOPS. Utilizing the FTA System as a source of information, the TOPS may deny renewal of a driver license to a person who is the subject of an FT A System entry . Each local political subdivision contracting with the TOPS will pay monies to the Vendor based on a fee certain established by this Contract. The TOPS will make no direct or indirect payments to the Vendor. The Vendor will ensure that accurate information is available to the TOPS, 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. Revised (11/04) 1 "Department" or "TOPS" 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 TOPS, local political subdivisions and the Vendor, including the FT A System. "Failure to Appear System" or "FTA System" refers to the goods and services, including all hardware, software, consulting services, telephone and related support services, supplied by the Vendor. "FTA Software" refers to computer software developed or maintained now or in the future by the Vendor to support the FTA System. "Originating Court" refers to the court in which an applicable violation has been filed for which a person has failed to appear or failed to payor satisfy a judgement and which has submitted an appropriate FTA report. "State" refers to the State of Texas. "Local political subdivision" refers to a city or county of the State of Texas. Unless otherwise defined, terms used herein shall have the meaning assigned by Texas Transportation Code Chapter 706 or other relevant statute. Terms not defined in this Contract or by other relevant statutes shall be given their ordinary meanings. IV. Governing Law This Contract is entered into pursuant to Texas Government Code Chapter 791 and is subject to the laws and jurisdiction of the State of Texas and shall be construed and interpreted accordingly. V. Venue The parties agree that this contract is deemed performable in Travis County, Texas, and that venue for any suit arising from the interpretation or enforcement of this Contract shall lie in Travis County . Texas. VI. Application and Scope of Contract This Contract applies to each FT A report submitted to and accepted by the TOPS or the Vendor by the local political subdivision pursuant to the authority of Texas Transportation Code Chapter 706. Revised (11/04) 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 payor satisfy a judgement 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 payor satisfy a judgement 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 payor satisfy a judgement; (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 payor satisfy a judgement as required by law; (7) the date that the person failed to appear or failed to payor satisfy a judgement; and (8) any other information required by the TOPS. 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 FT A Reports are accurate, complete and non- duplicative. IX. Clearance Reports The originating court that files the FTA Report has a continuing obligation to review the report and promptly submit appropriate additional information or reports to the Vendor or the TDPS. The clearance report shall identify the person, state whether or not a fee was required, advise the TDPS to lift the denial of renewal and state the grounds for the action. All clearance reports must be submitted within five business days of the time and date that the originating Revised (11/04) 3 court receives appropriate payment or other information that satisfies the citizen's obligation to that court. To the extent that a local political subdivision utilizes the FTA Program by submitting an FT A 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 FT A Report was filed, the originating court shall not require payment of the administrative fee. The local political subdivision shall submit a clearance report within five business days advising the TOPS to lift the denial of renewal and identifying the grounds for the action. The local political subdivision must promptly file a clearance report upon payment of the administrative fee and: (1) the perfection of an appeal of the case for which the warrant of arrest was issued or judgement arose; (2) the dismissal of the charge for which the warrant of arrest was issued or judgement 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 judgement of the court; or (5) other suitable arrangement to pay the fine and cost within the court's discretion. The TOPS will not continue to deny renewal of the person's driver license after receiving notice from the local political subdivision that the FT A report was submitted in error or has been destroyed in accordance with 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 TOPS. XI. Accounting Procedures An officer collecting fees pursuant to Texas Transportation Code S706.006 shall keep separate records of the funds and shall deposit the funds in the appropriate municipal or county treasury. The custodian of the municipal or county treasury may deposit such fees in an interest-bearing account and retain the interest earned thereon for the local political subdivision. The custodian shall keep Revised (11/04) 4 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 3706.006 to the Comptroller on or before the last day of each calendar quarter and retain $10.00 of each fee for payment to the Vendor and credit to the general fund of the municipal or county treasury. XII. Payments to Vendor The TOPS 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 FT A 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 local political subdivision must pay the Vendor a fee of $6.00 per person for each violation which has been reported to the Vendor and for which the local political subdivision has subsequently collected the statutorily required $30.00 administrative fee. In the event that the person has been acquitted of the underlying charge, no payment will be made to the Vendor or required of the local political subdivision. The parties agree that payment shall be made by the local political subdivision to the Vendor no later than the last day of the month following the close of the calendar quarter in which the payment was received by the local political subdivision. XIII. Litigation and Indemnity In the event that the local political subdivision is aware of litigation in which this Contract or Texas Transportation Code Chapter 706 is subject to constitutional, statutory, or common-law challenge, or is struck down by judicial decision, the local political subdivision shall make a good faith effort to notify the TOPS immediately. Revised (11/04) 5 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 the other parties' written consent. To the extent authorized by law, the local political subdivision agrees to indemnify and hold harmless the TOPS against any claims, suits, actions, damages and costs of every nature or description arising out of or resulting from the performance of this Contract, and the local political subdivision further agrees to satisfy any final judgement awarded against the local political subdivision or the TOPS arising from the performance of this Contract, provided said claim, suit, action, damage, judgement or related cost is not attributed by the judgement of a court of competent jurisdiction to the sole negligence of the TOPS. 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 TOPS, unless such litigation does not name the TOPS as a party. This section is subject to the statutory rights and duties of the Attorney General for the State of Texas. XIV. Contract Modification No modifications, amendments or supplements to, or waivers of, any provision of this Contract shall be valid unless made in writing and executed in the same manner as this Contract. XV. Severability If any provision of this Contract is held to be illegal, invalid or unenforceable under present or future laws effective during the term hereof, such provision shall be fully severable. This Contract shall be construed and enforced as if such illegal, invalid or unenforceable provision had never comprised a part hereof, and the remaining provisions shall remain in full force and effect and shall not be affected by the illegal, invalid or unenforceable provision or by its severance therefrom. XVI. Multiple Counterparts This agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes and all of which constitutes, collectively, one agreement. But, in making proof of this agreement, it shall not be necessary to produce or account for more than one such counterpart. Revised (11/04) 6 XVII. Effective Date of Contract This contract shall be in effect from and after the date that the final signature is set forth below. This contract shall automatically renew on a yearly basis. However, either party may terminate this agreement upon thirty days written notice to the other party. Notice may be given at the following addresses: Local Political Subdivision Texas Department of Public Safety Project Administrator, FT A Program 5805 North Lamar Boulevard Austin, Texas 78773-0001 (512) 424-5948 (fax) Notice is effective upon receipt or three .days after deposit in the U.S. mail, whichever occurs first. After termination, the local political subdivision has a continuing obligation to report dispositions and collect fees for all violators in the FTA System at the time of termination. TEXAS DEPARTMENT OF PUBLIC SAFETY LOCAL POLITICAL SUBDIVISION* Date . A ~riz~~QazLL ~':4 mt1J1a.~~ Title: 4.11, ~5 Date Oscar Ybarra Chief of Finance * 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 the date. Revised (11/04) 7 FTA Pr02ram Hi2hli2hts · Authorized by Legislature - Traffic violations after Sept. 1, 1995. Expanded to include all Class C misdemeanors after Sept. 1, 1999. Failure to Payor Satisfy Judgements after Sept. 1,2001 Expanded to include all County courts/offenses after June 18, 2003 · Tool to assist cities/counties in collection of violations · Voluntary program to compliment other local enforcement programs · Cities/counties contract with DPS - No cost to participate but requires computers and staff to enter offenses and collection of $30 FTA fee · Statute provides immunity for state and political subdivision · Jurisdiction controls disposition of cases and collects the proceeds · Warrants - Does not require nor prohibit use of warrants · Omnffiase Services was vendor selected by DPS to administer FTA Omnffiase provides: software for database entry - free of charge automated database of violators letter to violator within 24 hours of DPS acceptance 800 numbers and operator assistance for offenders maintains database for 5 years and indefmitely for non-clears monthly training in Austin for RES user Database Totals Since Program Inception (Oct. 10, 1996 - Feb. 28,2005) Total Offenses Entered - 3,488,599 Total Offenses Cleared -- 1,651,808 Clearance Rate - 47.30/0 (All information presented here provided by OmniBase)