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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 . Mc Cily RUM Ry • 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 . r. e i,09 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 L","L Eo[CG_0EPD (C; ff�E�G� ,GN (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 . ) �; CrA G D11 , � R 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 . rcti`OU' �� ° 1(�l 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 . 0F1G�,AIECZ,0kD (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 . 05VG�� B � GtuD r oc Lu'. u p 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 I�� rr''n� provision. b0JQID 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 r(E�C�x 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. 'Crc: r a 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 CAVI ''XP)My a , APPROVED AS TO FORM AND LEGALITY: David Yett , City Attorney By: G�� �.✓ Gt-- Assistant CJ Attorney Date : ATTEST: -11dQ-ex1tl 1 Gloria Pear on City Secretary Date Contract Autho r ization Date Bank One,Texas, NA te' S17 233 2050 6050 Jacksboro Highway Lake Worth,TX 76135 _A� BANK=ONE r 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 U 1� 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 VV A 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 . nD 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 "agor and Council cowl"Unicalflon 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. CB:k 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