HomeMy WebLinkAboutContract 26429 CITY SECRETARY
CONTRACT NO.
STATE OF TEXAS §
AGREEMENT FOR PROFESSIONAL
COLLECTION SERVICES
COUNTY OF TARRANT §
THIS AGREEMENT is made by and between the City of Fort Worth,
Texas (City) , a home-rule municipal corporation of the State of
Texas, located within Tarrant and Denton Counties, and State
Metropolitan & County Services (Contractor) , a Texas corporation,
both parties acting herein by and through their duly authorized
representatives .
1 .
Scope of Services.
(a) Contractor agrees to perform, using its best efforts as
defined in Subsection (e) 1 , (e) 2 , (e) 3 , through lawful means,
professional collection services for the Fort Worth Municipal
Court on those cases referred to Contractor by the City ' s
Municipal Court Department . It is understood and agreed that
this is a contract for professional collection services only,
and not an assignment or transfer of any property or ownership
interest in and to the municipal court citations or monies
realized therefrom. Contractor understands and acknowledges
the difference between a Municipal Court case and an account
receivable and will conduct its services hereunder
accordingly.
(b) The City shall have complete discretion regarding the number
and type of cases submitted to Contractor for collection
services .
1 . Start up referrals shall consist of :
• DELINQUENT CASE referrals consisting generally of traffic
and general complaint citations which have been in
delinquent status over ninety (90) days .
• WARRANT REFERRALS shall consist generally of traffic and
general complaint cases that have been in warrant status
over ninety (90) days .
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• DELINQUENT TIME PAYMENT PLAN (TPP) case referrals will be
included as traffic and general complaint cases that are
on a time payment plan but meet delinquent and/or warrant
status case referral criteria.
2 . Weekly referrals shall consist of
• Delinquent traffic and general complaint cases as cases
meet the delinquent status over ninety (90) days
criteria .
• Warrant referrals of traffic and general complaint cases
as cases meet the warrant status over ninety (90) days
criteria .
• Delinquent Time Pay Plan (TPP) case referrals are
included as traffic and general complaint referrals as
cases meet delinquent and/or warrant status case referral
criteria .
3 . All information supplied by the City to the Contractor shall
be kept confidential and not disclosed to parties other than
the Contractor' s employees on a need to know basis for the
purpose of contract performance and to the warrant holder or
spouse of the warrant holder.
(c) Cases submitted to Contractor for collection services will not
include cases involving juveniles or cases referred to Teen
Court .
(d) City makes no express or implied warranty to the Contractor
regarding the accuracy of any data provided on the referred
cases, nor does it make any express or implied warranty
concerning the value or collectability of any amounts from the
referred cases .
(e) Contractor shall provide such information on its activity
concerning the referred cases as may be reasonably requested
by the Municipal Court Director of the City.
1 . Contractor shall make at least three (3) contacts within
a 6-month period from date of initial referral .
2 . Contractor shall make at least one written contact via
Postal services within 60 days of receiving the initial
referral data from the City, unless the Contractor
receives written approval from the Municipal Court
Director to waive this requirement . The format
and language of all written correspondence shall be
expressly approved by the City.
All costs associated with the letter and mailing costs
shall be paid by the Contractor.
3 . Contractor shall make at least one telephone contact with
the person within 60 days of receiving the initial
referral data from the City unless the Contractor
receives written approval from the Municipal Court
Director to waive this requirement . The general format
of all scripts shall be approved by the City. All costs
associated with the telephone contact shall be paid by
the Contractor.
4 . For purposes of this Section, `contact ' shall mean
exhausting all available means to communicate with the
person, through the postal service and/or telephone by
means of the information provided to the Contractor by
the City or any other method that is reasonably
accessible to the Contractor.
5 . Any and all written or telephone contacts shall cease
upon Contractor' s notice by the City that the case or
warrant has been handled in some way the precludes
contact, or that a warrant has been disposed or when the
contract is terminated.
6 . No contacts will be made in person by the Contractor to
the citation or warrant holder.
(f . ) It is the Contractor' s responsibility to purchase software
necessary to effect transfer of data for dial-in' capability.
If case/data referral is accomplished through use of a 9 track
tape, tape reels shall be returned to the City on a weekly
basis .
An estimate of items necessary to establish an Electronic Data
Link for connectivity and technical support with the City
system, including set-up costs and monthly billable charges is
referenced in "Attachment C" .
2 .
Contract Term.
The term of this contract shall be for a period of twelve
(12) months beginning October 1, 2000 , and ending September 30,
2001 .
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In addition to the primary term, this contract may be renewed
by the City, at its discretion, for up to three (3 ) additional
successive one (1) year renewal terms on the same terms and
conditions as this agreement , except as may be modified by mutual
agreement of the parties, by the giving of written notice to
Contractor not later than ninety (90) days before the end of the
primary or extended term.
3 .
Compensation
(a) City will pay Contractor an amount equal to the following
precentage of the Compensation Base Amount .
Category Commission Rate
Delinquent Citations (Non-Parking) 19 . 5%
Outstanding Warrant Cases 19 . 5%
Delinquent Time Payment Plan Citations 19 . 5%
(b) The Compensation Base Amount shall be equal to the actual
monies collected on cases referred to Contractor for
collection, less any administrative, dismissal, or arrest fees
and court costs required to be collected by the City and paid
to the State, provided that :
(1) payment is received by the City during the contract term
and within 60 days of Contractor' s collection activity;
(2) Contractor has provided collection services in accordance
with this contract on the case on which money has been
collected; and
(3) Payment is not received and no compensation will be paid
to the Contractor:
(A) after the arrest of the defendant by the City or an
outside agency; or
(B) on warrants or delinquent citations as a result of
the refusal of defendant ' s auto license
registration pursuant to state law or City
notification of eligibility to defendant for same;
or
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(C) on warrants or delinquent citations as a result of
notification by the City of refusal of renewal of a
Defendant ' s drivers license pursuant to state law
or City notification of eligibility to defendant
for same .
(c)
1 . For the purpose of this Section, payment will be presumed
to have occurred as a result of the refusal of defendant ' s
auto license registration or driver' s license renewal if
payment is received by the City during the month that said
auto license registration or driver' s license is scheduled
for renewal or within 60 days from the date of City' s
notification to defendant of same .
2 . City agrees to provide to Contractor, within seven (7) days
of the preparation of the list by the City, a preliminary
list of citation numbers corresponding to those persons
that are eligible for refusal of their auto license
registration or drivers license pursuant to state law.
3 . City further agrees to provide to Contractor, within seven
(7) days of the preparation of the list by the City, a
final list of citation numbers corresponding to those
person that are eligible for refusal of their auto license
registration or drivers license pursuant to state law.
4 .
Payments by' City to Contractor
Total payment to Contractor shall not exceed the amounts set
for the above, unless additional services are required and payment
is approved in advance by the Fort Worth City Council . City will
make monthly payments to Contractor, utilizing a reporting format
and payment terms as may be mutually agreed upon by City and
Contractor, beginning with the first calendar month following the
start of the contract term. Final payment to Contractor shall be
made within thirty (30) days after the final contract month.
Both the City and Contractor will review the appropriate cases
for which payment is due the Contractor on a monthly basis . In
determining the fee to be paid to the Contractor for services
rendered, the term fines and fees shall not include `COSTS' or
`COURT COSTS' (mandatory fees/taxes collected by the City and
paid to the State . )
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5 .
Payments by Citation Holders
In both written and telephone contacts the Contractor shall
instruct the warrant holder to make all payments to the City of
Fort Worth Municipal Court at the Public Safety & Courts Building,
Fort Worth, Texas 76102-6382 , or refer all inquiries to the Court
at the Public Safety & Courts Building, 1000 Throckmorton St . , or
telephone (817) 871-6700 . No payments shall be solicited or
accepted directly or indirectly by the Contractor. If any payments
are received by Contractor, Contractor shall remit same in full to
the Municipal Court on a daily basis . If any payments are received
by Contractor on warrant status cases, Contractor shall require
citation holders to execute a waiver absolving the City of
liability for actions that might occur until information on
payments is entered into City records . Contractor shall not enter
into any agreement authorizing delay of payment, suspension of
warrant, or suspension of fine owed. Contractor shall make no
promises or offers of delay or stay of execution of an unpaid
citation or warrant .
6 .
Administration
All services performed under this Contract shall be
coordinated with and performed to the satisfaction of the Municipal
Court Director for the City (the Director) . The Director, or her
designated representative, may meet with Contractor on a monthly
basis to reconcile all collected accounts.
7 .
Costs of Collection
Contractor shall bear all costs of collection.
8 .
Personnel
Contractor is responsible for the hiring, training and
supervision of all personnel necessary for the performance of
this contract .
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9 .
Indemnification
Contractor covenants and agrees to indemnify, hold harmless
and defend the City, its officers, agents and employees from any
and all claims or suits for property damage or loss and/or
personal injury, including death, to any and all persons, of
whatsoever kind or character, whether real or asserted, arising
out of the work and services to be performed hereunder by
Contractor, its officers, agents, employees or subcontractors,
WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY THE ALLEGED
NEGLIGENCE OF THE OFFICERS, AGENTS, OR EMPLOYEES OF THE CITY.
Contractor covenants and agrees to indemnify, hold harmless and
defend the City, its officers, agents and employees from any and
all claims or suits or for any expense arising out of or in
connection with, directly or indirectly, the collection services
performed under this contract WHETHER OR NOT SAID LOSS, DAMAGE,
LIABILITY OR EXPENSE IS A RESULT OF THE ALLEGED NEGLIGENCE OF THE
CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. This indemnity shall
include without limitation any reasonable and necessary
attorney' s fees for the defense of any claim hereunder including
any appeal of said claims .
10 .
Insurance
(a) Contractor shall take out and maintain such policies of
insurance as may be required by the City for its operations under
this contract . At present, such insurance shall consist of at
least the following :
(1) Statutory worker' s compensation insurance;
(2) General commercial liability policy with a combined
single limit of One Million Dollars ($1, 000 , 000) ;
(3) Professional Liability (errors and omissions) insurance
in an amount of at least One Hundred Thousand Dollars
($100, 000) .
(4) Employee' s dishonesty bond in an amount of at least Ten
Thousand Dollars ($10, 000) per occurrence, to run in
favor of the City as its interest may appear. A
corporate surety authorized to do business in the state
of Texas and otherwise acceptable to the City shall
execute the bond. A copy of the Official Bond shall be
attached as evidence of the execution of said bond and
shown as "Attachment B " hereto .
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(5) Contractor shall provide City a performance bond or
Irrevocable Standby Letter of Credit guaranteeing
contractor' s performance of the terms and conditions of
this contract . Such bond or letter of credit shall be in
the amount of Fifty Thousand Dollars ($50, 000) . A letter
of credit shall be an irrevocable letter of credit issued
by FDIC insured banking institution with a debt rating of
lA or higher, A or higher by Standard and Poor' s or
higher by Moody' s Investors or a comparable rating by
another rating system acceptable to the City. A
corporate surety authorized to do business in the state
of Texas and otherwise acceptable to the City shall
execute the bond. The form of the bond or the
irrevocable letter of credit is that shown as `Attachment
A' hereto.
(b) Contractor will provide appropriate certificates of
insurance as evidence of the above coverage upon the
signing of this Contract . Contractor agrees that all
insurance policies will list the Contractor as the
insured and the `City of Fort Worth' , its officers,
agents and employees as an additional insured.
11.
Independent Contractor
Contractor shall perform all work and services hereunder as
an independent contractor, and not as an officer, agent, or
employee of the City. Contractor shall have exclusive control
of, and the exclusive right to control the details of the work
performed hereunder, and all persons performing same , and shall
be solely responsible for the acts and omissions of its officers,
agents, employees and subcontractors . Nothing herein shall be
construed as creating a partnership or joint venture between the
City and Contractor, or Contractor' s officers, agents, employees
and subcontractors, and the doctrine of respondeat superior shall
have no application as between City and Contractor .
12 .
Compliance with Law
In performing collection services hereunder, Contractor
shall comply at all times with all Federal , State, local laws,
regulations and ordinances .
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13 .
Permits
Contractor shall obtain, at its expense, any necessary
permits from any governmental authority for the performance of
the services hereunder.
14 .
Records, Statements, Reports
Contractor and its permitted subcontractors shall keep and
maintain accurate records relating to activity on cases referred
by the City to Contractor for a period of three (3) years after
final payment under this contract or any subcontract .
15 .
Right to Audit
(a) Contractor agrees that the City shall , until the
expiration of three (3) years after final payment under this
contract , have access to and the right to examine any books,
documents, papers and records of the Contractor involving
transactions relating to this contract . Contractor agrees that the
City shall have access during normal working hours to all necessary
Contractor facilities and shall be provided adequate and
appropriate workspace in order to conduct audits in compliance with
the provisions of this section.
(b) Contractor further agrees to include in its subcontractor
agreements hereunder a provision to the effect that :
(1) Subcontractor agrees that the City shall , until the
expiration of three (3) years after final payment
under the subagreement , have access to and the
right to examine any books, documents, papers and
records of such subcontractor, involving
transactions relating to the subagreement ; and
(2) the City shall have access during normal working
hours to all subcontractor facilities, and shall be
provided adequate and appropriate workspace, in
order to conduct audits in compliance with the
provisions of this article .
(c) Nothing herein shall be construed as limiting City' s
rights of access to any examination of books, documents, papers
and records that may exist independently of this contract
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16 .
Assignment
Except as otherwise required herein, Contractor may not
assign or transfer any interest in the Contract nor delegate the
performance of any duties hereunder without the written consent
of the City Manager and any such attempted assignment without
prior written consent shall be void. Provided, however, that
Contractor shall be permitted to subcontract work to enable
Contractor to comply with M/WBE requirements of this Contract .
17 .
M/WBE Participation
Contractor agrees to comply with the City' s Minority/Women' s
Business Enterprise (M/WBE) Ordinance (Ordinance No . 11923) , and
any subsequent amendments thereto, and to comply with the M/WBE
commitments .
18 .
Nondiscrimination
As a condition of this contract, Contractor covenants that it
will take all necessary action to insure that in connection with
any work under this contract, the Contractor, will not discriminate
in the treatment or employment of any individual or groups of
individuals on the grounds of race, color, religion, national
origin, age, sex or physical handicap unrelated to job performance,
either directly or indirectly or through contractual or other
arrangements .
19 .
Termination
City may terminate this contract without cause by giving
thirty (30) days notice in writing to Contractor. During this
period, the Contractor will continue to perform collection
services for thirty (30) days under the terms of the contract .
Upon termination, Contractor shall provide a statement showing
the detailed accounting for all City collection accounts .
In the event of breach of any the provisions of this
contract by Contractor, including but not limited to any one or
all of the provisions under Section 1 (e) , City may terminate this
contract immediately by giving written notice to Contractor.
Contractor' s address for notices given pursuant to this contract
is : State Metropolitan & County Services, Green Oaks Blvd, Suite
214 , Arlington, Texas 76016-2793 . x
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20 .
Use of City-Supplied Data; Access to Data
Contractor and its permitted subcontractors shall make no
use of the information supplied by the City hereunder except for
the purpose of providing collection services pursuant to this
Contract . Contractor and its subcontractors further shall not
sell , transfer, assign or otherwise make available to any other
party, whether for consideration or for no consideration, the
information supplied by the City hereunder without the express
prior written consent of the City.
21 .
Choice of Law; Venue
(a) This contract shall be construed in accordance with law of
the State of Texas .
(b) Should any action at law or in equity arise out of the terms
of this contract , directly or indirectly, venue shall be in
the state courts located in Tarrant County, Texas or the United
States District Court for the Northern District of Texas, Fort
Worth Division.
22 .
PARTIES BOUND
This agreement shall be binding upon and inure to the
benefit to the parties hereto and their respective heirs,
executors, administrators, legal representatives, successors and
assigns where permitted by this agreement .
23 .
LEGAL CONSTRUCTION
In case any one or more of the provisions contained in this
agreement shall for any reason be held to be invalid, illegal or
unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and
this agreement shall be construed as if such invalid, illegal or
unenforceable provision had never been contained herein.
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24 .
AMENDMENT
No amendment, modification or alteration of the terms hereof
shall be binding unless the same is in writing, dated subsequent
to the date hereof and duly executed by the parties hereto.
25 .
RIGHTS AND REMEDIES CUMULATIVE
The rights and remedies provided by this license agreement
are cumulative, and the use of any one right or remedy by either
party shall not preclude or waive its right to use any or all
other remedies . Said rights and remedies are given in addition
to any other rights the parties may have by law, statute,
ordinance or otherwise .
26 .
WAIVER OF DEFAULT
No waiver by the parties hereto of any default or breach of
any term, condition or covenant of this license agreement shall
be deemed to be a waiver of any other breach of the same or any
other term, condition or covenant contained herein.
EXECUTED on this, the &U, day of 2000 .
STATE METROPOLITAN & COUNTY SERVICES
By: I Z r
President
CITY OF FORT WORTH
By C 6Z.
Charles Boswell
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
David Yett , City Attorney
By: G�� �.✓ Gt--
Assistant CJ
Attorney
Date :
ATTEST:
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Gloria Pear on
City Secretary
Date
Contract Autho
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ization
Date
Bank One,Texas, NA te' S17 233 2050
6050 Jacksboro Highway
Lake Worth,TX 76135
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BANK=ONE
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IRRE`JCCABLE STANDBY LETTER.OF CREDIT
LETTER OF CREDIT.AMOUNT ` ISSUE DATE EXPIRY DATE
USD$50.000.00 I NOVEMBER 29. 2000 OCTOBER 31.2001 3I
BENEFI,CIAP,Y- CITY OF FORT WORTH APPLICANTSTATF, NIETRCPCL'TA.?I&CCUNT
SERVICES
FORT WORTH,TEXAS
GENTLEMEN-
WE
ENTLEMENWE HEREBY CPE?J OUR IRREVOCABLE STANDBY L=-77; �F CREF-717!I`1'ICUR FAVCR �:_-7- _SUN-CF
THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF USD 550.000.00 WHICH IS AVAILABLE
BY PAYMENT OF YOUR DRAFT(S).AT SIGHT, DRAWN ON OURSELVES.WHEN ACCOMPANIED BY THE
FCLLC',P'ING ROCUME.^NT°:
9E,NEFICIAR`"3 SIGNED STA T E`1IEP,:T Cc, .._,"NG
CONTRACT FOR COLLECTION SERVICES DATED 10Llba BY AND BETWEEN THE CITY OF FORT WORTH
AND SMCS (THE "CONTRACT")AND THAT BENEFIC71! TIS ENTITLED TO DRAFT THE ABOVP AMOUNT
P'J�SUAt!T TO THE CCNTRA.CT,
T:�iJ IPr�`iC�AflL_
LE- E7- OF CREDIT S7-T•) i'.R r. .`' �I�L_'.H .= .1 _
UNDERTAKING SHALL NOT IN ANY WAY BE MODIFIED.AMENDED.AMPLIFIED OR INCORPORATED BY
RFFERENCE TO ANY DOCUMENT OP CONTRACT PGFFppF(1 TO HFREIN
WE HEREBY AGREE WITH YOU THAT DRAFT/Sj DRAWN UNDER AND IN COMPLIANCE'AnTH THF TFRn^S AND
rnyDIT!0�'S CF TH±:CRE27 Sl!.�LI Pc [MPLa
SPECIFIED ABOVE AND THE ORIGINAL OF THIS CREDIT.AT OUR OFFICE LOCATED AT BANK ONE.6050
JACKSBORO HIGH�AIAV. FOPT\NORTH. TEXAS 7Fl3s STANDBv LETTER OF CREDIT nEPA?TMFnIT ON OR
BEFORE THE ABOVE STATED FXPIPY BATF, nROFTi S" nP,A%rIN UNDER THIS CREDIT Ad1_I.CT SPECIFICALI_V
4`==EFF\iCH CUR CGc-I
-
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN.THIS LETTER OF CREDIT IS SUBJECT TO THE
UNIFORM rLISTOMS AND PRACTICE FOR OCCUMENTARY CREDITS F,STARI_ICHpn By THE INTFPNATInNAI_
CHA AEco Cc AS IN ccFFCT n1,I TYE 'A'c nc ISSUANCF nF Tula �70cr"h-
JOSEPH L. LONGLEY
BANKING OFFICER
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JUUU 'n=F1�I'I-tt
Bank One,Texas, NA tel 817 238 ?050
6050 Jacksboro Highway
Lake Worth, TX 76135
BANK ONE
RREVCCABLE STANDBY LETTER OF CRECIT
LETTER OF CREDIT AMOUNT ISSUE DATE EXPIRY DATE
USD&50.000.00 NOVEMBER 29. 2000 OCTOBER 31.2001 I
3ENEFIC3ARY:CIT(OF FCRT VVCRTH APOUCANT ST.=' METRCPCL!TAN,1 COUNT`!
SERVICES
FORT WORTH,TEXAS
GENTLEMEN-
WE HEREBY OPEN OUR IRREVOCABLE STANDBY LETTER OF CREDIT IN YOUR FAVOR FOR THE ACCOUNT OF
THE ABOVE REFERENCED APPLICANT IN THE AGGREGATE AMOUNT OF USD$50,000.00 WHICH IS AVAILABLE
BY PAYMENT OF YOUR DRAFT(S).AT SIGHT.DRAWN ON OURSELFS,WHEN ACCOMPANIED BY THE
FOLLOWING DOCUMENTS:
BENEFICIARY'S SIGNED STATEMENT CERTIFYING TH T A MAJOR DEFAULT HAS OCCURRED UNDER THE
CONTRACT FUR COLLECTION SERVICES DATED.J_!:1110V , BY AND BETWEEN THE CITY OF FORT WORTH
AND SM:CS. (T!-iE"CONITRi CT'^.A,ID THAT BENEFICIARY IS ENT!TLFC TO DRAFT THE AF30VE AMOUNT
PURSUANT TO THE CONTRACT.
THIS IRREVOCABLE LETTER OF CREDIT SETS FORTH IN FULL THE TERMSOF OUR UNDERTAKING.THIS
UNDERTAKING SHALL NOT IN ANY WAYBE MODIFIED,AMENDED,AMPLIFIED OR INCORPORATED BY
REFERENCE TO ANY DOCUMENT OR CONTRACT REFERRED TO HEREIN.
WE HEREBY AGREE WITH YOU THAT DRAFT(S) DRAWN UNDER AND IN COMPLIANCE WITH THE TERMS AND
CONDITIONS OF THIS LETTER OF CREDIT SHALL BE DULY HONORED IF PRESENTED TOGETHER WITH
DOCUMENT(S)AS SPECIFIED ABOVE AND THE ORIGINAL OF THIS CREDIT,AT OUR OFFICE LOCATED AT BANK
ONE TX N.A.,6050 JACKSBORO HIGHWAY FORT WORTH,TX 76135. STANDBY LETTER OF CREDIT
DEPARTMENT ON OR BEFORE THE ABOVE STATED EXPIRY DATE. DRAFT(S)DRAWN UNDER THIS CREDIT
MUST SPECIFICALLY REFERENCE OUR CREDIT.
EXCEPT AS OTHERWISE EXPRESSLY STATED HEREIN.THIS LETTER OF CREDIT IS SUBJECT TO THE
UNIFORM CUSTOMS AND PRATICE FOR DOCUMENTARY CREDITS. ESTABLISHED BY THE INTERNATIONAL
CHAMBER OF COMMERCE AS IN EFFECT ON THE DATE OF ISSUANCE OF THIS CREDIT.
LEAST 60 DAYS PRIOR TO CANCELATION, REPLACEMENT, FAILURE TO RENEW, OR MATERIAL ALTERATION
OF THIS PERFORMANCE LETTER OF CREDIT,WRITTEN NOTICE OF SUCH INTENT WILL BE GIVEN TO THE CITY
OF FORT WORTH BY THE FINANCIAL INSTITUTION.SUCH NOTICE WILL BE GIVEN BY CERTIFIED MAIL TO THE
DIRECTOR OF THE MUNICIPAL COURT
SINCERELY, `
JOSEPH LONGL.EY
BANKING OFFICER �I�f � Cil� �C�ICu RD
FoPTW0FTH
INFORMATION TECHNOLOGY SOLUTIONS
CONSULTING SERVICES
Department : Municipal Courts Date : 08/30/00
Requester: Lonnie Munoz Phone : 871-6727
Contact : Phone :
ISS Rick Brents Phone : 871-8453
Consultant :
DESCRIPTION OF REQUESTED SERVICES :
This is an estimate for the items necessary to establish an
Electronic Data Link with State Metropolitan and County Services,
a collection contractor for the Municipal Courts . This estimate
will include one time set-up costs and monthly billable charges .
One time setup Costs Qty Unit Cost
Est.Cost Setup Fee Monthly Chrg.
Check hardware for operation Ea. $200 . 00 X
Software (Attachmate) Ea . $600 . 00 X
Total Cost Ea . $800 . 00
Monthly Charges
Mainframe Port Ea . $6 . 70 X
Dial-up Connection Ea . $13 . 00 X
Total Cost 1= Ea . $20 . 70
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SERVICE AGREEMENT:
■ This is only an estimate to provide possible charges based on a
one-time set-up or as a monthly charge as noted.
■ Customer may purchase software on their own and are responsible
for the maintenance of both their hardware and software from their
side .
■ In event that the contractor loses connectivity and a technician
needs to be dispatched from the City of Fort Worth, it will be
billed as a time and materials call and contractor will be
responsible for those charges .
■ I .T. Solutions will correct or provide the services necessary to
remedy any programming error which is attributed to I .T. Solutions
and which significantly affects use of the Software System. Such
correction, or services shall be accomplished after Customer has
identified and notified I .T. Solutions of any such error.
■ Costs listed above are priced per each PC/Terminal .
■ These costs are not all-inclusive and are subject to change based
on any changes to the contractor' s hardware configuration or as an
annual cost adjustment from I .T. Solutions .
■ Transaction charges have not been included in this estimate as
there is no information on average usage per month ($0 . 0045 per
transaction) however these charges may be absorbed by Municipal
Courts .
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City of Fort Worth, Texas
"Apar And coun"R communicalflon
DATE REFERENCE NUMBER LOG NAME PAGE
9/26/00 **C-18251 1 38CONTRACT 1 of 2
SUBJECT AWARD OF CONTRACT TO STATE METROPOLITAN & COUNTY SERVICES TO
PROVIDE COLLECTION SERVICES FOR DELINQUENT ACCOUNTS FOR THE
MUNICIPAL COURT
RECOMMENDATION:
It is recommended that the City Council authorize:
1. The City Manager to execute a contract with State Metropolitan & County Services (SMCS) to
provide collection services for the Municipal Court; and
2. The agreement to begin October 1, 2000, and expire September 30, 2001, with options to renew for
three additional one-year periods.
DISCUSSION:
Award of the collection services contract to SMCS is needed to replace a contract executed with Texas
Municipal Services, Inc. (TMS). On August 31, 1999 (M&C C-17622), the City Council authorized TMS
to provide collection services for the Municipal Court from September 10, 1999, through September 9,
2000.
On May 9, 2000, the City was informed by TMS that the company was not able to fulfill the terms of the
contract. In compliance with Section 19 of the contract, the City gave a 30-day written notice to
terminate the collection services for the contract. The contract was terminated on June 30, 2000.
SMCS will receive 19.5% of actual monies collected on cases referred for collection services. This
compares to the compensation rate on the previous contract of 20% for delinquent and warrant cases
and 12.5% on delinquent time payment plan cases.
The exact amount of the FY2000-2001 contract is unknown because the contractor's fees will be based
on a percentage of collections.
SMCS is in compliance with City's M/WBE Ordinance by committing to 10% M/WBE participation based
on the 19.5% compensation rate of the collection revenues. The City's goal on this project is 10%.
City of Fort Worth, Texas
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DATE REFERENCE NUMBER LOG NAME PAGE
9/26/00 **C-18251 38CONTRACT 2 of 2
SUBJECT AWARD OF CONTRACT TO STATE METROPOLITAN & COUNTY SERVICES TO
PROVIDE COLLECTION SERVICES FOR DELINQUENT ACCOUNTS FOR THE
MUNICIPAL COURT
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the FY2000-2001 General Fund operating
budget.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Charles Boswell 6140 APPROVED
Originating Department Head: CITY COUNCIL
Elsa Paniagua 6711 (from) SEP 26 2000
GG01 539120 0381000
Additional Information Contact: 4+ '•il " """`
i9y SecretrLary of the
City of€ort r rth,Te
Elsa Paniagua 6711a