ORDER N0.29141
JUSTICE OF THE PEACE #4
GRANT ALLOCATION FOR TRAFFIC CONVICTION REPORTING
Came to be heard this the 25`x' day of April 2005, with a motion made by Commissioner
Nicholson, seconded by Commissioner Letz. The Court unanimously approved by vote
of 4-0-0 to approve the grant proposal by the Texas DPS for help in purchasing Case
Management Software, computers or other technological upgrades necessary to achieve
Federal Motor Carrier Safety Administration reporting requirements.
~.~ z9~~/
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND NINE COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: William E. Ragsdale OFFICE: Justice of the Peace. Precinct Four
t3
MEETING DATE: April ?K, ?005 TIME PREFERRED: Late Morning
SUBJECT: Consider and take action. on grant. proposal by Te~:as DPS .Written int~~rmation is
with the County Judge
IF PERSONNEL MATTER- NAME OF THE EMPLOYEE: Non-applicable
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 552, Government Code, is as follows:
Meeting scheduled for Mondays: 5:00 PM Previous Tuesday.
THIS REQUEST RECEIVED BY
THIS REQUEST RECEIVED ON

All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been
prepared for the Court's formal consideration and action at the time of Court Meetings. Your cooperation will be
appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request
Rules Adopted by Commissioners' Court.
TEXAS DEPARTMENT OF PUBLIC SAFETY
5805 N. LAMAR BLVD • BOX 4087 • AUSTIN, TEXAS 78773-0001
°` P'r.. j 512/424-2000
:?~L = 3
! A
5
THOMAS A. DAVIS, JR.
DIRECTOR
DAVID McEATHRON
ASST. DIRECTOR
Judge W illiam Ragsdale
Kerr County JP Pct 4
3324 Junction Hwy
Ingram, TX 78025
March 21, 2005 -
ApR
~ ~ ~n~~
Re: DLD-FMCSA Grant Allocation for Traffic Conviction Reporting
Dear Judge William Ragsdale,

COMMISSION
COLLEEN McHUGH
CHAIRMAN
ERNEST ANGELO,JR.
CARLOS H. CASCOS
COMMISSIONERS
Kerr County JP Precinct 4 has been selected for funding assistance from the Driver License Division (DLD) and the
Office of Court Administration (OCA) Selection Committee. These funds are to assist the court in the automation of
traffic conviction reporting.
The sum of $15,720.00 is allotted to help purchase Case Management Software (CMS), computers or other
technological upgrades necessary to achieve Federal Motor Carrier Safety Administration (FMCSA) reporting
requirements. The award- distribution is detailed in Attachment A. To receive the funds, you must agree to the terms
of the attached memorandum of understanding (MOU). The MOU provides that you will:
• Use the funds not later than August 31, 2005 to purchase software, hardware, or services.
• Utilize all appropriated funds for Internet services not later than June 30, 2006.
• Begin to submit monthly reports to DPS electronically (by file transfer protocol) not later than 30 days from
installation of infrastructure as per Attachment A.
Enclosed are three copies of the MOU. Please return all three to DPS signed by the appropriate parties authorized to
bind the Kerr County JP Precinct 4 not later than May 16, 2005 in order to receive reimbursement for your
authorized/approved purchases. Also submit any additional signed copies your court may require. Upvn approval by
DPS acopy/copies will be returned for your records. Careful attention should be placed when completing the
("RECEIVING A GENCY") f fields i n S ection I o f t he MOU. The receiving agency will be the entity authorized to be
reimbursed. If you need assistance completing the MOU or no longer wish to participate, please call us at (512) 424-
5457 or (512) 424-5655.
Thank you for the opportunity to assist your court. I look forward to working with you to improve the timeliness of traffic
conviction reporting.
Sincerely,
~j ,~~nO~,~Y,sz '~lO.n~~
Germaine Martinez
Project Manager
Driver License Division
GM:1d
COU RTESY-SERVICE-PROTECTION
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 Public Safety ("TXDPS"), an agency of the
State of Texas, and the of a
local political subdivision of the State of Texas ("RECEIVING AGENCY").
II. OVERVIEW
The purpose of this Contract is to set forth the terms and conditions under which
the TXDPS will provide the RECEIVING AGENCY funding to procure information
services from the statewide contracts awarded by the Department of Information
Resources (DIR), including case management software, infrastructure or other
services (including installation, conversion, customization, training and
maintenance). The Electronic Court Reporting Grant awarded by the Federal
Motor Carrier Administration (FMCSA) provides funds to the TXDPS to pass
through to local municipal and justice of the peace courts requesting participation
in this cooperative project.
111. DEFINITIONS
"Case Management Software" refers to software that will allow the RECEIVING
AGENCY to report traffic convictions through electronic means.
Terms not defined in this Contract or by 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.
FMCSA Interlocal Contract
03-10-2005
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. SCOPE OF CONTRACT
The RECEIVING AGENCY agrees to:
Utilize appropriated funds to procure case management software and
other case management services, including infrastructure, installation,
conversion, customization, training and maintenance;
Utilize statewide DIR contracts to purchase the information services
described above or receive a waiver from TXDPS to purchase from other
sources;
Continue submitting or begin submitting traffic offense convictions to the
TXDPS electronically via fife transfer (FTP) by 30 days after installation of
the infrastructure detailed in Attachment A;
Continue submitting or begin submitting required reports to the Office of
Court Administration (OCA) electronically by September 1, 2005 and
continue thereafter;
Discontinue use of the OCA DOS case management software no later
than August 31, 2005;
The TXDPS agrees to reimburse the RECEIVING AGENCY for actua{ allowable
expenditures made in accordance with the terms of this agreement not to exceed
the amounts identified in Attachment A. RECEIVING AGENCY agrees and
understands that the determination of allowable expenditures under this
agreement will be made by TXDPS at its sole discretion according to the Uniform
Grant Management Standards and applicable requirements of the FMCSA.
VII. COMPLIANCE WITH LAW
The RECEIVING AGENCY understands and agrees that it will comply with all
local, state and federal laws in the performance of this Contract, including
relevant administrative rules adopted by the TXDPS and will assume
FMCSA Interlocal Contract 2
03-10-2005
responsibility for improving motor carrier safety and adopting and administering
State safety laws and regulations that are compatible with the Federal CDL
requirements (49 CFR Parts 383 and 384).
VIII. REIMBURSEMENT AND ACCOUNTING PROCEDURES
The RECEIVING AGENCY shall submit all requests for reimbursement to
TXDPS no later than the 15t" day of each calendar month, utilizing the
Reimbursement Request Form (Attachment B). Requests for reimbursement
shall be reflective of expenditures made during the previous thirty (30) days and
must include a copy of the invoices paid by RECEIVING AGENCY. Requests for
reimbursement shall be submitted to TXDPS at the following address: Lisa
Daughtry, Driver License Division, P.O. Box 4087, Austin, Texas 78773-0300.
TXDPS will make a good faith effort to process all reimbursement requests
submitted in accordance with this Contract within fifteen (15) working days from
the date of receipt. TXDPS will not reimburse the RECEIVING AGENCY for
expenses incurred prior to the effective date or following the termination date of
this Contract.
The RECEIVING AGENCY is expected to utilize all appropriated funds for case
management or FTP software and computer/monitor no later than August 31,
2005. The RECEIVING AGENCY is expected to utilize all appropriated funds for
Internet services no later than June 30, 2006. If the RECEIVING AGENCY has
not expended all appropriated funds by August 1, 2005, the RECEIVING
AGENCY sha11 submit a written progress report TXDPS no later than August 15,
2005, detailing the status of pending procurement projects.
IX. LITIGATION AND INDEMNITY
Each party may participate in the defense of a claim or suit related to the subject
matter of this Contract, but no costs or expenses sha11 be incurred for any party
by the other party without written consent.
To the extent authorized by law, the RECEIVING AGENCY agrees to indemnify
and hold harmless the TXDPS 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 RECEIVING AGENCY further agrees to
satisfy any final judgment awarded against the RECEIVING AGENCY or the
TXDPS arising from the performance of this Contract, provided said claim, suit,
FMCSA Interlocal Contract 3
03-10-2005
action, damage, judgment or related cost is not attributed by the judgment of a
court of competent jurisdiction to the sole negligence of the TXDPS.
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
TXDPS, unless such litigation does not name the TXDPS as a party.
This section is subject to the statutory rights and duties of the Attorney General
for the State of Texas.
X. 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.
XI. 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.
XII. 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.
XIII. EFFECTIVE DATE OF CONTRACT
This Contract shall be in effect from February 1, 2005 and shall terminate on
June 30, 2006. Either party, upon thirty days written notice to the other party,
may terminate this Contract prior to that date. Notice may be given at the
following address: TXDPS, Lisa Daughtry, Driver License Division, P.O. Box
4087, Austin, Texas 78773-0300.
FMCSA Inter{ocal Contract 4.
03-10-2005
Notice is effective upon receipt or three days after deposit in the U. S. mail,
whichever occurs first.
XIV. STATE AUDITOR CLAUSE
Pursuant to Section 2262.003 of the Texas Government Code, the state auditor
may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a
subcontract under the contract acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds.
XV. SIGNATORY AUTHORITY
The undersigned signatory for the RECEIVING AGENCY hereby represents and
warrants that he/she is an officer of the organization for which he/she has
executed this agreement, and that he/she has full and complete authority to enter
into this agreement on behalf of the RECEVING AGENCY.
TEXAS DEPARTMENT OF RECEIVING AGENCY*
PUBLIC SAFETY
Oscar Ybarra
Chief of Finance
z d Signature
Date Title
Date
*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.
Payment Address:
City, State, Zip:
Tax !D #:
FMCSA Interlocal Contract 5
03-10-2005
ATTACHMENT A
Allowable Expenses
DLD-FMCSA Grant Allocation for Traffic Conviction Reporting
Court Name: Kerr County JP Pct
Infrastructure Re uired	Amount Awarded
Case Mana ement Software or FTP software	$15,000.00
Com uter/Monitor	$0
Internet Services to allow FTP transmissions •	$720.00
Total Awarded	$15,720.00
Interlocal Cooperation Contract
Attachment A
ATTACHMENT B
DLD-FMCSA Grant Allocation for Traffic Conviction Reporting
Court Name: Kerr County JP Pct 4 Tax ID #:
Contract Number:
Billing Period:
Billing Date:
Description	Amount Reyuestin~	Previous Amount	Cumulative Total
		Requested	
A. Case Management			
or FTP Software/Services	$	$	$
			
B. Computer/Monitor	$	~	$
C. Internet Services to			
Allow FTP Transmissions	$	$	$
			
Totals:	$	$	$
			
Reimbursement payment mayb	e sent to:		
Court Name:			
			
Attn:			
			
Address:			
			
City:			
Zip Code:			
Signature of person requesting reimbursement
Date
Printed Name
Mail Request to:
Texas Dept. of Public Safety
Attn: Lisa Daughtry Driver License Division
PO Box 4087
Austin, TX 78773-0300
512-424-5457
Interlocai Cooperation Contract
Attachment B
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 Public Safety ("TXDPS"), an agency of the
State of Texas, and the of a
local political subdivision of the State of Texas ("RECEIVING AGENCY").
II. OVERVIEW
The purpose of this Contract is to set forth the terms and conditions under which
the TXDPS will provide the RECEIVING AGENCY funding to procure information
services from the statewide contracts awarded by the Department of Information
Resources (DIR), including case m anagement software, infrastructure or other
services (including installation, conversion, customization, training and
maintenance). The Electronic Court Reporting Grant awarded by the Federal
Motor Carrier Administration (FMCSA) provides funds to the TXDPS to pass
through to local municipal and justice of the peace courts requesting participation
in this cooperative project.
III. DEFINITIONS
"Case Management Software" refers to software that will allow the RECEIVING
AGENCY to report traffic convictions through electronic means.
Terms not d efined in t his Contract or by 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.
FMCSA Interlocal Contract
03-10-2005
V. VENUE
The parties agree that this Contract is deemed pertormable 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. SCOPE OF CONTRACT
The RECEIVING AGENCY agrees to:
Utilize appropriated funds to procure case management software and
other case management services, including infrastructure, installation,
conversion, customization, training and maintenance;
Utilize statewide DIR contracts to purchase the information services
described above or receive a waiver from TXDPS to purchase from other
sources;
Continue submitting or begin submitting traffic offense convictions to the
TXDPS electronically via file transfer (FTP) by 30 days after installation of
the infrastructure detailed in Attachment A;
Continue submitting or begin submitting required reports to the Office of
Court Administration (OCA) electronically by September 1, 2005 and
continue thereafter;
Discontinue use of the OCA DOS case management software no later
than August 31, 2005;
The TXDPS agrees to reimburse the RECEIVING AGENCY for actual allowable
expenditures made in accordance with the terms of this agreement not to exceed
the amounts identified in Attachment A. RECEIVING AGENCY agrees and
understands that the determination of allowable expenditures under this
agreement will be made by TXDPS at its sole discretion according to the Uniform
Grant Management Standards and applicable requirements of the FMCSA.
VII. COMPLIANCE WITH LAW
The R ECEIVING A GENCY u nderstands a nd a grees t hat i t w ill c omply w ith a II
local, state and federal laws in the performance of this Contract, including
relevant administrative rules adopted by the TXDPS and will assume
FMCSA Interlocal Contract 2
03-1~-20[15
responsibility for improving motor carrier safety and adopting and administering
State safety laws and regulations that are compatible with the Federal CDL
requirements (49 CFR Parts 383 and 384).
VIII. REIMBURSEMENT AND ACCOUNTING PROCEDURES
The RECEIVING AGENCY shall submit all requests for reimbursement to
TXDPS no later than the 15'h day of each calendar month, utilizing the
Reimbursement Request Form (Attachment B). Requests for reimbursement
shall be reflective of expenditures made during the previous thirty (30) days and
must include a copy of the invoices paid by RECEIVING AGENCY. Requests for
reimbursement shall be submitted to TXDPS at the following address: Lisa
Daughtry, Driver License Division, P.O. Box 4087, Austin, Texas 78773-0300.
TXDPS will make a good faith effort to process all reimbursement requests
submitted in accordance with this Contract within fifteen (15) working days from
the date of receipt. TXDPS will not reimburse the RECEIVING AGENCY for
expenses incurred prior to the effective date or following the termination date of
this Contract.
The RECEIVING AGENCY is expected to utilize all appropriated funds for case
management or FTP software and computer/monitor no later than August 31,
2005. The RECEIVING AGENCY is expected to utilize all appropriated funds for
Internet services no later than June 30, 2006. If the RECEIVING AGENCY has
not expended all appropriated funds by August 1, 2005, the RECEIVING
AGENCY shall submit a written progress report TXDPS no later than August 15,
2005, detailing the status of pending procurement projects.
IX. LITIGATION AND INDEMNITY
Each party may participate in the defense of a claim or suit related to the subject
matter of this Contract, but no costs or expenses shall be incurred for any party
by the other party without written consent.
To the extent authorized by law, the RECEIVING AGENCY agrees to indemnify
and hold harmless the TXDPS against any claims, suits, actions, damages and
costs of every nature or description arising out of or resulting from the
performance o f t his C ontract, a nd t he R ECEIVING AGENCY f urther a grees t o
satisfy any final judgment awarded against the RECEIVING AGENCY or the
TXDPS arising from the performance of this Contract, provided said claim, suit,
FMCSA Interlocal Contract
03-10-2005
action, damage, judgment or related cost is not attributed by the judgment of a
court of competent jurisdiction to the sole negligence of the TXDPS.
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
TXDPS, unless such litigation does not name the TXDPS as a party.
This section is subject to the statutory rights and duties of the Attorney General
for the State of Texas.
X. 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.
XI. SEVERAB{CITY
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 sha{I 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.
XII. 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 al{ 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.
XIII. EFFECTIVE DATE OF CONTRACT
This Contract shall be in effect f rom February 1, 2005 and shall terminate on
June 30, 2006. Either party, upon thirty days written notice to the other party,
may terminate this Contract prior to that date. Notice may be given at the
following address: TXDPS, Lisa Daughtry, Driver License Division, P.O. Box
4087, Austin, Texas 7$773-0300.
FMCSA Interlocal Contract 4
03-10-2005
Notice is effective upon receipt or three days after deposit in the U. S. mail,
whichever occurs first.
XIV. STATE AUDITOR CLAUSE
Pursuant to Section 2262.003 of the Texas Government Code, the state auditor
may conduct an audit or investigation of any entity receiving funds from the state
directly under the contract or indirectly through a subcontract under the contract.
Acceptance of funds directly under the contract or indirectly through a
subcontract under the contract acts as acceptance of the authority of the state
auditor, under the direction of the legislative audit committee, to conduct an audit
or investigation in connection with those funds.
XV. SIGNATORY AUTHORITY
The undersigned signatory for the RECEIVING AGENCY hereby represents and
warrants that he/she is an officer of the organization for which he/she has
executed this agreement, and that he/she has full and complete authority to enter
into this agreement on behalf of the RECEVING AGENCY.
TEXAS DEPARTMENT OF RECEIVING AGENCY*
PUBLIC SAFETY ''''"
Oscar Ybarra
Chief of Finance
Date
nz d Signature
Title
~-ZS- o S
Date
*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.
Payment Address:
City, State, Zip:
Tax ID #:
FMCSA Interlocal Contract 5
03-10 X005
ATTACHMENT A
Allowable Expenses
DLD-FMCSA Grant Allocation for Traffic Conviction Reporting
Court Name: Kerr County 3P Pct 4
Infrastructure Re uired	Amount Awarded
Case Mana ement Software or FTP software	$15,000.00
Com uter/Monitor	$0
Internet Services to allow FTP transmissions	$720.00
Total Awarded	$15,720.00
Interlocal Cooperation Contract
Attachment A

	ATTACHMENT B
DLD-FMCSA Grant Allocation for Traffic Conviction Reporting
Court Name: Kerr County JP Pct 4	Tax ID #:
Contract Number:	
Billing Period:	
Billing Date:	
Description Amount Reguestin~ Previous Amount Cumulative Total
	Requested
A. Case Management	
or FTP Software/Services $	$ $
B. Computer/Monitor $	$ $
C. Internet Services to	
Allow FTP Transmissions $	$ $
Totals: $	$ $
Reimbursement payment maybe sent to:	
Court Name:	
Attn:	
Address:	
City:	
Zip Code:	
Signature of person requesting reimbursement Printed Name
Date
Mail Request to:
Texas Dept. of Public Safety
Attn: Lisa Daughtry Driver License Division
PO Box 4087
Austin, TX 78773-0300
512-424-5457
Interlocal Cooperation Contract
Attachment B