TDCAA Community
State contract...

This topic can be found at:
http://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/4077064706

August 15, 2012, 08:52
Lisa Peterson
State contract...
I have a contract from DPS sent to my JP. Thankfully, she gave it to me for approval. As I recall, we can't agree to venue out of county, nor can we indemnify.

AM I wrong, or did the state send me an invalid contract???


Lisa L. Peterson
Nolan County Attorney
August 15, 2012, 09:30
Laura Ingram
When we get contracts like that from the State, we point those defects out and they are always very good about amending the contract. So if you send DPS a response that the county of venue must be Nolan County and you cannot indemnify, they should be able to make those changes so the contract can move forward.
August 15, 2012, 09:41
Lisa Peterson
Thank you. I've called the number on the cover letter and got voice mail. Of course, the cover letter states any changes I make will result in the immediate rejection of the contract...! Frown


Lisa L. Peterson
Nolan County Attorney
August 15, 2012, 10:06
Mack T. Harrison
Is this the FTA Program contract? We have the same issues with it, but I haven't spoken to DPS about it yet.
August 15, 2012, 10:50
Lisa Peterson
Yes, it is. My issues are the two I raised...someone wiser than I may see others. In addition, I generally require a recitation on the signature line that it went through Commissioners Court, just to let posterity know it was approved. I don't think that they will mind my adding that--striking indemnity and questioning venue is likely to raise an eyebrow...


Lisa L. Peterson
Nolan County Attorney
August 20, 2012, 13:46
Ray
I believe state agencies may only be sued in Travis County, Texas. However, this venue provision does not waive immunity from suit which both the state and the county have. As for indemnity when the state agencies change counsel or the electorate change AG's, the indemnity provision disappears and then a few years later reappear.
August 20, 2012, 14:56
Lisa Peterson
Thanks, Ray. Still waiting for a call from the state - have had 2 calls both of which concluded "I guess you need to talk to one of the attorneys"... Am about to have it put on the Commissioners' agenda for the 27th, and will send it with a cover letter that I tried to discuss it with them...


Lisa L. Peterson
Nolan County Attorney