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HomeMy WebLinkAboutC2020-113 - 2/18/2020 - Approved $©\ 46 \))tioti G°N`G\QP DPS#DLD20180628(Revised 01/2020) Interlocal Cooperation Contract Failure-to Appear(FTA)Program State of Texas County of Nueces I. PARTfES AND AUTHORITY This Interlocal Cooperation Contract(Contract) is entered into between the Department of Public Safety-of the State of Texas(DPS),an agency of the State of Texas and the Municipal Court of the(Cityect-eunt )-of Corpus Christi (Court),a political subdivision of the State of Texas,referred to collectively in.this Contract as the Parties,.under theauthority granted,in Tex.Transp.Code Chapter 706 and Tex.Gov't Code Chapter 791(the interlocal Cooperation Act), D. BACKGROUND As permitted under Tex.Transp.Code.§706.008,DPs.•cOntraets with a private vendor(Vendor)to. provide.and establish an automated ETA system that:accurately stores information regarding violators subject to the provisions of Tek.Transp,Code Chapter 7t16.:6PS uses the FTA system to properly deny renewal of a driver license to a person who is the subject of 8n FTA system entry. FU. PURPOSE This:Contract.applies to each FTA Report submitted by the Court to-DPS:or its Vendor anti accepted by MS or its Vendor. Court will supply information to DPS,through its Vendor,thatis 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 pajiment.o€a fine arid cost in the manner ordered by the Court in a matter involving any offense that Court has jurisdi'ction of under Tex.Code Crim.Proc.Chapter 4. IV. PERIOD OF PERFORMANCE ) This Contract will be effective on the date of execution and will automatically renew on the anniversary date of execution for up to three additional years unless terminated earlier. V. COURT RESPONSIBILITIES A. Written warnings is A peace officer authorized to issue citations within:the jurisdiction of the Court must issue a written warning to each person to whom the officer issues a citation for a traffic law d violation.This warning must be provided in addition to any other warnings required by law. The warning must state in substance that if the person faits 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 orderedbythe Court,.theperson may be denied Page 1 of 5 SCANNED ' UPS#DLD2018062.8(Revised 01/2020) renewal of the person's driver license.The written warning may be printed on the citation or on a separate instrument. B. FTA Report An FTA Report is a notice sent by Court requesting a:person be denied renewal in accordance with this Contract.The Court may submit an FTA.Report to Vendor if a person fails to appear or fails to pay or satisfy a judgment as required by law.There is no requirement that a criminal warrant be issued in response-tethe person's failure to appear. The Court must make reasonable efforts to ensure that all FTA Reports are accurate, complete,and tion-duplicative.The:FTA Report must include the following information: 1. the jurisdiction in which the alleged offense occurred; Z. the rlarrte of thecourt submitting the report; 1: 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 aileged 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 judgmeetas required by law; 7. the date that the person failed.to appear or failed to pay or satisfy ajudgment,and 8. any other information reqUiredbyDOS, C Clearance Reports The Court that files the FTA Report has a continuing obligation to review the FTA Report and promptly submitappropriate additional informationor reports to the Vendor.The clearance report must identify the person,state whether or not,a fee.was required,and advise DPS-to lift the denial of renewal and state the grounds for the action.All clearance reports must be: submitted immediately,but no later than two business days,from the time and date that the Court receives appropriatepayment or other information that satisfies the person's obligation to that Court. To the extent that.a Court uses the.FTA system by submitting an FTA Report,the Court must collect the statutorily required:$10.00 reimbursement fee. if the person is acquitted of the underlying offense for which the original FTA Report was filed,the Court will not require payment of the reimbursement fee. Court must submit.a clearance report for the following circumstances: 1. the perfection of an appeal Of the case for which the warrant of arrest was issued or judgment arose; 2. the dismissal of the charge for which the warrantof:arrest was issued or judgment arose; 3. the posting:of a bond or the giving of other securityto 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 Page 2 of 5 DPS#DLD20180628(Revised 01/2020) 5. other suitable arrangement to pay the fine and cost within the Court's discretion. DPS will not continue to deny renewal of the person's driver license after receiving notice from the Court that the FTA Report was submitted in error or has been destroyed in accordance with the Court's record retention policy. D. Quarterly Reports and Audits Court must submit quarterly reports to DPS in a format established by DPS. Court is subject to audit and inspection at any time during normal business hours and at a mutually-agreed upon location by the state auditor, DPS;and any other department or • agency,responsible for determining that the Parties have complied with.the applicable laws. Court-must provideall reasonable facilities and assistance-for the safe and convenient performance of any audit or inspection. Court mist correct any non-conforming transactions performed by the Court,at its own cost,until acceptable to.DPS. 5 Mutt must keep aril records.and documents regarding this Contract for the term of this Contract and for seven years after the-termination of this Contract. E. Accounting Procedures Court must keep_separate,accurate,and complete records of the funds collected aand disbursed and must deposit the funds in the appropriate municipal or county treasury. Court may deposit such fees in an interest-bearing account and retain the interest.earned on such accounts for the Court. Court will allocate$6.00 of each$10.00 reimbursement fee..received for pay rrerttto the Vendor and$4.00 for credit to the general fund of the rtiunicipa#ol<countytreasury.. 1 F. Non-Waiver of Fees Court will not waive the$10.00 reimbursement fee for any person that-has been submitted on an FTA Report,unless the.person is deemed:to be indigent, or the person is acquitted of the charges for which the person failed to appear. • • Failure to comply with this section will result in:(i)termination of this Contract for cause; and(II)the removal of all outstanding entries of the Court in the FTA Report,resultingin the lifting of any denied driver license renewal status from DPS. • Page 3 of 5 • DPS#DLD20180628(Revised 01/2020) G. Litigation Notice The Court must make a good-faith attempt to immediately notify DPS in the event that the Court becomes aware of litigation in which this Contract or Tex.Transp.Code Chapter 706 is subject to constitutional,statutory,or common-law challenge,ar is struck down by judicial decision. VI. PAYMENTS TO VENDOR Court must pay the Vendor a fee of$6.00 per person for each violation which has been reported to the Vendor and for which the.Court has subsequently collected the statutorily required$10.00 reimbursement fee.In the event that the person has been acquitted of the underlying charge or is indigent,no payment will be made to the Vendor or required of the Court. Court agrees that payment will be made to the Vendor no later than the last day of the month following the closeof the calendar quarter in which the payment was received by the Court. DPS will not pay Vendor for any fees collected by Court, VII. GENERAL TERMS AND CONDITIONS A. Compliance with Law.The Court understands and agrees that it will comply with all local, state, and federal laws in the performance of this Contract,including administrative rules adopted by DPS. B. Contract Amendment.DPS and Court may amend this Contract through a written amendment signed by an authorized signatory on behalf of the respective party. C. Notice.The respective party will send the other party notice asnoted in this section. CoD Department of Public Safety ` Attn.: Municipal Court Services Director, Enforcement&Compliance Service Gilbert.Hernandez 580t5.North Lamar Blvd, Address: 120 N. Chaparral Street Austin,Texas 78752-0001 Address: Corpus Christi, Texas 78401 (S12)424-53.11[fax] Fax: (361) 886-2560 Driver.improvenient@dps.texas.gov Email: gilberth@cctexas.com (5 )424-7172 Phone:. (361) 826-2540 D. Termination.Either party may terminate this Contract with 30days`written notice. DPS may also terminate this Contract for cause if Court doesn't comply with Section V.F.,Non- Waiver of Fees.After termination,the Court has a continuing obligation to report dispositions and coiled fees for all violators in the FTA system at the time of termination. Failure to comply with the continuing obligation to report will result in the removal of all Page 4 of 5 DPS#1311)20180628(Revised 0i/2020.) outstanding entries of the Court in the ETA Report,resulting_in the lifting of any denied driver license renewal status from DPS. VIII. CERTIFICATIONS The Parties:certifythat(1)the Contrail is authorized bythe-governtng body death party; (2)the purpose,terms,rights,and duties of the Parties are..stated within the Contract,and(3)each party will mattepayments for the performance of governmental functions or services`from current revenues available to the paying patty, The:undersigned signatories havefull authority to enter into this Contract on behalf of the respective Parties. Court* / Oetlarr"trnert't of Pub11c:Safety 04, , "6&-QkAU Authorized Signature Driver License Division Chief or Designee TitlearaL Date Date *An additional page may be attached if more than one signature is required to execute this Contract on behalf of the Court. Each signature block most contain the pelson's title and date. Approved as to form; I j AUTHUKILC►By 5 Ccr,PFT,a' Assistant City Attorney For City Attorney Page 5 of 5