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R-04-01-22-14D3 - 1/22/2004RESOLUTION NO. R -04-01-22-14D3 WHEREAS, the City of Round Rock desires to retain professional services for the collection of delinquent court fees and fines, and WHEREAS, Linebarger Goggan Blair & Sampson, LLP has submitted a Contract for Court Fees and Fines Collection Services to provide said services, and WHEREAS, the City Council desires to enter into said Contract with Linebarger Goggan Blair & Sampson, LLP, Now Therefore BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City a Contract for Court Fees and Fines Collection Services with Linebarger Goggan Blair & Sampson, LLP, a copy of said Contract being attached hereto as Exhibit "A" and incorporated herein for all purposes. The City Council hereby finds and declares that written notice of the date, hour, place and subject of the meeting at which this Resolution was adopted was posted and that such meeting was open to the public as required by law at all times during which this Resolution and the subject matter hereof were discussed, considered and formally acted upon, all as required by the Open Meetings Act, Chapter 551, Texas Government Code. RESOLVED this 22nd day of January, 2004. NYL WELL, Mayor City of Round Rock, Texas A T: uzft/�w /e• CHRISTINE R. MARTINEZ, City Secretagy �-PFDesktop\::ODMA WORLDOX/C:/WD0X/RES0LUTI/R40122D3.WPD/sc CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES STATE OF TEXAS COUNTY OF WILLIAMSON As authorized by Art. 103.0031 (a) and (b) of the Code of Criminal Procedure of the State of Texas, this contract is made and entered into by and between the CITY OF ROUND ROCK, acting herein by and through its governing body, hereinafter styled CITY, and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, hereinafter styled FIRM. I. CITY agrees to employ and does hereby employ FIRM to enforce the collection of delinquent Fees and Fines (as defined below) pursuant to the terms and conditions described in this contract. This contract supercedes all prior oral and written agreements between the parties regarding court fees and fines, and can only be amended if done so in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. As used herein, "Fees and Fines" means debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds and restitution ordered paid by the Municipal Judge and amounts in cases in which the accused has failed to appear in accordance with applicable law. II. CITY agrees to refer all delinquent accounts by electronic or magnetic medium, to FIRM for collection, on or about the first (1S) and fifteenth (15th) of each month. An account is considered delinquent when it remains unpaid on the 61 St day after (a) the date on which the Fees and Fines must be paid in full as determined or ordered by the court, or (b) the date by which the accused promised to appear or was notified, summoned, or ordered to appear CITY will provide FIRM with copies of, or access to, the information and documentation necessary to collect the Fees and Fines that are subject to this contract. Should it become necessary for FIRM to provide computer hardware, software, programming services and/or in-house personnel to CITY, in order for this contract to be performed, a separate agreement and fee structure shall be negotiated and agreed to in writing by both parties hereto. EXHIBIT "A" 1 FIRM is to refer all payments and correspondence directly to the courts that have assessed or levied the Fees and Fines being collected pursuant to this contract. FIRM reserves the right to return all accounts not collected within one (1) year of referral by CITY, as well as any accounts identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. IV. FIRM shall indemnify and hold CITY, its judges, officers, agents, employees or contractors harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of FIRM's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of CITY, its judges, officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of CITY and FIRM, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. As compensation for legal and collection services provided pursuant to this contract, CITY agrees to pay to FIRM a thirty -percent (30%) contingent fee of the total amounts of all the Fees and Fines (exclusive of any assessed legislative add-on collection fee) actually collected by the CITY on those accounts that are referred to FIRM by the CITY for collection. This contingent fee will not be calculated upon the legislative reimbursement fee that the CITY may authorize and submit for collections. All compensation shall become the property of FIRM at the time of payment. CITY shall pay over said funds on a monthly basis by check or wire transfer. CITY agrees to pay the fee payable under this contract no later than the 30'h day following the end of the calendar month within which the fee is paid to CITY. VI. The initial term of this contract is two years, beginning '2004, and shall thereafter continue on a month-to-month basis. CITY reserves the option to extend the initial term of the contract for two additional two-year periods, with the contract thereafter continuing on a month-to-month basis. Either party may, without cause, terminate this contract at the end of the initial contract term or thereafter by giving the other party written notice of termination. 2 During the initial term of this contract either party shall have the right to terminate the same prior to its expiration; provided however, that the party giving notice shall grant the receiving party a period of thirty (30) days, from the date of written notice, the opportunity to attempt to cure any unsatisfactory terms, acts, omissions or conditions. Should the party receiving notice be found not to have remedied the unsatisfactory terms, acts, omissions or conditions to the satisfaction of the party giving notice, the party giving notice may terminate the contract. The effective date of any termination by CITY shall be sixty (60) days from the date the notice of termination is received in writing by FIRM; said sixty (60) days period being deemed adequate for the purpose of FIRM in winding down its affairs with regards to work in progress. In the case of termination by FIRM, the effective date of termination shall be thirty (30) days from the date notice of termination is received. CITY is entitled, but is not required, to refer additional accounts to FIRM after notice of termination has been received by FIRM. In any event, FIRM shall be entitled to payment of its fee, pursuant to Paragraph V. of this contract, for all amounts collected on referred accounts during the sixty (60) day "winding down" period. At the end of that period, all accounts shall be returned to CITY by FIRM. VII. For purposes of sending notice under the terms of this contract, all notices from CITY shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760 or 1949 South IH 35 Austin, Texas 78741 VIII. This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid, illegal or unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid, illegal or unenforceable provision(s) had never been a part of this contract. 3 IX. In consideration of the terms and compensation herein stated, FIRM hereby accepts said employment and undertakes performance of said contract as set -forth above. This contact is executed on behalf of CITY by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the of day of AA1Uf}2 , 2004. CITY OF ROUND ROCK By: Nyle Maxwell, MAYOR LINEBARGER GOGGAN BLAIR & SAMPSON LLP By: For the Firm Brian Brown, Partner a] DATE: January 16, 2004 SUBJECT: City Council Meeting - January 22, 2004 ITEM: 14.D.3. Consider a resolution authorizing the Mayor to execute a Contract for the Collection of Delinquent Taxes with Linebarger Goggan Blair & Sampson, LLP for the collection of delinquent court fees and fines. Resource: David Kautz, Assistant City Manager/CFO History: In the last regular session of the Texas Legislature, a bill was passed that allows a city to contract with a vendor to collect delinquent court fines. The legislation allows an agent for the city to pursue all adjudicated cases (capias warrants) in which a defendant has been ordered to pay a fine and fine -only cases in which the defendant has failed to appear (alias warrants). These services are provided at no cost to the city. A thirty percent fee may be added to the balance due and is paid by the defendant. The collection fee does not apply to a case that has been dismissed by the court or to any amount that has been satisfied through time served or community service. Funding: N/A Cost: N/A Source of Funds: N/A Outside Resources: N/A Impact/Benefit: Improved collection of the municipal court fines. Public Comment: N/A Sponsor: N/A EXECUTED DOCUMENT FOLLOWS CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES STATE OF TEXAS COUNTY OF WILLIAMSON As authorized by Art. 103.0031 (a) and (b) of the Code of Criminal Procedure of the State of Texas, this contract is made and entered into by and between the CITY OF ROUND ROCK, acting herein by and through its governing body, hereinafter styled CITY, and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, hereinafter styled FIRM. I. CITY agrees to employ and does hereby employ FIRM to enforce the collection of delinquent Fees and Fines (as defined below) pursuant to the terms and conditions described in this contract. This contract supercedes all prior oral and written agreements between the parties regarding court fees and fines, and can only be amended if done so in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned by either party without the written consent of all parties. As used herein, "Fees and Fines" means debts and accounts receivable such as unpaid fines, fees, court costs, forfeited bonds and restitution ordered paid by the Municipal Judge and amounts in cases in which the accused has failed to appear in accordance with applicable law. II. CITY agrees to refer all delinquent accounts by electronic or magnetic medium, to FIRM for collection, on or about the first (ls) and fifteenth (15th) of each month. An account is considered delinquent when it remains unpaid on the 61St day after (a) the date on which the Fees and Fines must be paid in full as determined or ordered by the court, or (b) the date by which the accused promised to appear or was notified, summoned, or ordered to appear CITY will provide FIRM with copies of, or access to, the information and documentation necessary to collect the Fees and Fines that are subject to this contract. Should it become necessary for FIRM to provide computer hardware, software, programming services and/or in-house personnel to CITY, in order for this contract to be performed, a separate agreement and fee structure shall be negotiated and agreed to in writing by both parties hereto. R-0�1-61-as-ND3 1 FIRM is to refer all payments and correspondence directly to the courts that have assessed or levied the Fees and Fines being collected pursuant to this contract. FIRM reserves the right to return all accounts not collected within one (1) year of referral by CITY, as well as any accounts identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. IV. FIRM shall indemnify and hold CITY, its judges, officers, agents, employees or contractors harmless from and against all liabilities, losses and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of FIRM's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results from the sole negligence or fault of CITY, its judges, officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of CITY and FIRM, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. V. As compensation for legal and collection services provided pursuant to this contract, CITY agrees to pay to FIRM a thirty -percent (30%) contingent fee of the total amounts of all the Fees and Fines (exclusive of any assessed legislative add-on collection fee) actually collected by the CITY on those accounts that are referred to FIRM by the CITY for collection. This contingent fee will not be calculated upon the legislative reimbursement fee that the CITY may authorize and submit for collections. All compensation shall become the property of FIRM at the time of payment. CITY shall pay over said funds on a monthly basis by check or wire transfer. CITY agrees to pay the fee payable under this contract no later than the 30th day following the end of the calendar month within which the fee is paid to CITY. VI. The initial term of this contract is two years, beginning ( a,,004, and shall thereafter continue on a month-to-month basis. CITY reserves the option extend the initial term of the contract for two additional two-year periods, with the contract thereafter continuing on a month-to-month basis. Either party may, without cause, terminate this contract at the end of the initial contract term or thereafter by giving the other party written notice of termination. 2 During the initial term of this contract either party shall have the right to terminate the same prior to its expiration; provided however, that the party giving notice shall grant the receiving party a period of thirty (30) days, from the date of written notice, the opportunity to attempt to cure any unsatisfactory terms, acts, omissions or conditions. Should the party receiving notice be found not to have remedied the unsatisfactory terms, acts, omissions or conditions to the satisfaction of the party giving notice, the party giving notice may terminate the contract. The effective date of any termination by CITY shall be sixty (60) days from the date the notice of termination is received in writing by FIRM; said sixty (60) days period being deemed adequate for the purpose of FIRM in winding down its affairs with regards to work in progress. In the case of termination by FIRM, the effective date of termination shall be thirty (30) days from the date notice of termination is received. CITY is entitled, but is not required, to refer additional accounts to FIRM after notice of termination has been received by FIRM. In any event, FIRM shall be entitled to payment of its fee, pursuant to Paragraph V. of this contract, for all amounts collected on referred accounts during the sixty (60) day "winding down" period. At the end of that period, all accounts shall be returned to CITY by FIRM. VII. For purposes of sending notice under the terms of this contract, all notices from CITY shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760 or 1949 South IH 35 Austin, Texas 78741 VIII. This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid, illegal or unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid, illegal or unenforceable provision(s) had never been a part of this contract. 3 IX. In consideration of the terms and compensation herein stated, FIRM hereby accepts said employment and undertakes performance of said contract as set -forth above. This contact is executed on behalf of CITY by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the day of 2004. ff4o 111, MAYOR LINEBARGER GOGGAN BLAIR & SAMPSON, LLP By: For the Firm Brian Brown, Partner rd