HomeMy WebLinkAboutContract 31884 CITY
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CCN RACTENO. 3 2 4
CONTRACT FOR THE COLLECTION OF DELINQUENT TAXES AND OTHER
MISCELLANEOUS DELINQUENT REVENUE
This Contract is made and entered into by and between the City of Fort Worth, on behalf of itself
and on behalf of the collector of taxes authorized by the City of Fort Worth to collect its ad
valorem taxes, acting herein by and through its governing body, hereinafter called City, and
Linebarger Goggan Blair & Sampson, LLP, 309 West 7th Street, Suite 1300, Fort Worth, Texas
76102 hereinafter called Attorneys.
SECTION A
DELINQUENT PROPERTY TAXES SERVICES
I.
City agrees to employ and does hereby employ Attorneys to enforce by suit or otherwise the
collection of all delinquent property taxes, penalty and interest, on behalf of the City and on
behalf of the City's collector of taxes, within the City and owing to City, provided current year
taxes falling delinquent within the period of this contract shall become subject to its terms on the
first day of July of the year in which the same shall become delinquent except that suits resolved
before the first day of July must include current year delinquent taxes, which are also subject to
the terms of this contract, but not include accounts with delinquent tax installment agreements or
accounts of over-65 homeowners who have filed deferments or abatements of taxes.
II.
Attorneys are to call to the attention of the collector or other officials any errors, double
assessments, or other discrepancies coming under their observation during the progress of the
work, and are to intervene on behalf of City in all suits for taxes hereafter filed by any taxing unit
on property located within its geographical limits.
III.
City, by and through its designated tax collector, agrees to furnish delinquent tax data via
magnetic computer tapes or other computer readable media to Attorneys on all property within
the geographical limits of the City of Fort Worth. Attorneys will furnish at their expense, all
necessary paper stock, envelopes and postage for statement mailings and will assume
responsibility for having penalty and interest correctly computed on statements before they mail
such statements to property owners. Sample statement should be prepared and information
copies supplied to the City's designated tax collector at least two (2) days prior to any mass
mailing conducted by Attorneys.
IV.
Attorneys shall send out collection letters on behalf of the City Attorney in February of each year
for the collection of delinquent Business Personal Property taxes. r, r', ,, N
V.
Attorneys agree to file suit on and reduce judgment and sale any property located within the City
against which a tax lien would prevail provided, City, by and through its designated tax collector,
will furnish the necessary data and information as to the name, identity, and location of the
necessary parties, and legal description of the property to be sold. Attorneys agree to sue for
recovery of all costs as provided by Texas Property Tax Code Section 33.48.
VI.
Attorneys agree to make progress reports to City on request, but not less than quarterly, and to
advise City of all cases where investigation reveals taxpayers to be financially unable to pay their
delinquent taxes. Attorneys will consult with City and through guidelines to be developed and
mutually agreed upon by the Attorneys and the City, will recommend and establish installment
payment agreements with delinquent taxpayers demonstrating a sufficiently sever financial
hardship situation.
SECTION B
MISCELLANEOUS DELINQUENT REVENUE SERVICES
VII.
City further agrees to employ and does hereby employ Attorneys to enforce by suit or otherwise
the collection of all Hotel/Motel taxes, delinquent paving, weed, demolition and other special
assessments, including but not limited to assessments owed to Public Improvement Districts
created by theCity owing to the City.
VIII.
City agrees to furnish delinquent assessment data via magnetic computer tapes or other computer
readable media to Attorneys on all delinquent assessment accounts within the taxing jurisdiction,
as directed by the responsible City department. This data will contain the name of the owners of
the property, the property description and the total amount of principal, interest and sales tax due,
if applicable.
IX.
Attorneys agree to file suit on and reduce to judgment and sell any property located within the
City against which an assessment lien would prevail, provided City will furnish the necessary
data and information as to the name, identity, and location of the necessary parties, and legal
description of the property to be sold. Attorneys agree to sue for recovery of the costs as court
costs and attorney fees as provided by law. Attorneys are to call to the attention of the City any
errors or other discrepancies coming under their observation during the progress of the work. All
collection procedures performed by the Attorneys will be provided at no cost to the City.
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Attorneys will file, when necessary, injunctions to enforce the payment of delinquent hotel/motel
occupancy taxes.
X.
Attorneys agree to make any progress reports required by City on request, but not less than
quarterly, and to advise City of all cases where investigation reveals taxpayers to be financially
unable to pay their delinquent assessments. Attorneys shall deliver all progress reports to the
Finance Department of the City. Attorneys will consult with City on any installment agreement
to be entered into between City and the delinquent owner of the property.
SECTION C
COMPENSATION
XI
As allowed by law, City agrees to pay Attorneys as compensation for all services provided under
this Agreement as follows:
(a) fifteen (15) percent of the amount of all 2002 and previous years delinquent
taxes, penalty and interest collected and paid to the collector of taxes during
the term of this contract; and
(b) twenty (20) percent of the amount of all 2003 and subsequent year delinquent
taxes, penalty and interest collected and paid to the collector of taxes during
the term of this contract.
All compensation above provided for shall become the property of the ATTORNEYS at the time
payment of the attorney fees are made to the collector. The City shall pay over said funds
monthly by check.
SCOPE OF SERVICES
XII.
Attorneys agree to meet or exceed all requirements and services to be provided as set forth in the
Performance Measurement Appendix attached as Exhibit A. Attorneys and City agree that City
shall add additional performance measures for bankruptcy actions by July 1, 2005 and once
developed , such performance measures shall be included in Exhibit"A" and incorporated herein
for all purposes. In addition, City may revise the Performance Measures each year during the
term of this Agreement.
XIII.
With respect to personal or real property tax accounts in bankruptcy, Attorneys will file proofs of
claim within the specified time periods, aggressively pursue all methods of collection, and
monitor the bankruptcy with respect to payment of personal property taxes, whether through a
plan or reorganization, wage-earners plan, family farmer plan of adjustment and reorganization,
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or by way of liquidation. Attorneys will notify City's designated tax collector when a
bankruptcy claim is dismissed or discharged and advise who to bill and the amount due.
XIV.
Upon request and after consultation with City, Attorneys will provide legal assistance and/or
representation to challenge Tarrant Appraisal District valuations as appropriate.
XV.
Upon request Attorneys will provide legal advice regarding proposed legislation and general
bankruptcy issues.
SECTION D
MWBE
XVI.
Attorneys agree to meet the city's MWBE goal of 20% of the base bid value of this Agreement.
Attorneys shall, during the term of this contract, provide City with quarterly reports detailing
their progress towards meeting the requirement for MWBE participation. City shall have a right
of access to any and all books, records and documents which relate to MWBE Attorneys and
MWBE sub-contracts in order to audit and verify the information contained in the quarterly
reports. Attorneys shall include in all MWBE sub-contracts a similar provision allowing City
access to sub-contractor's books,records and document for these purposes.
SECTION E
CONTRACT PERIOD
XVII.
This agreement shall be effective upon execution, however, Attorneys shall not begin
performance of this Agreement until notified by the City Manager. The City Manager shall
notify Attorneys to begin performance of this agreement on or before October 1, 2005. This
Agreement shall continue for a period of three (3) years from the date the City Manager notifies
Attorney to begin work. At the end of the initial contract period, City shall have the option to
exercise two separate one-year extensions of the contract under the same terms and conditions as
the initial contract period.
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SECTION F
TERMINATION
XVIII.
On termination of this contract, Attorneys shall have six (6) additional months to reduce to
judgment all suits filed prior to the date of termination. Attorneys shall represent City and shall
handle to conclusion all suits in which trial court judgments are obtained during the period of this
contract and which are appealed by any party. Attorney fees collected during this six (6) month
period on accounts in litigation shall be payable to the Attorneys, provided such litigation has
been reduced to final judgment by Attorneys during this period. Further, Attorneys shall have
six (6) months from the termination date to bring administrative closure to call existing payment
agreements and twelve (12) months for bankruptcy plan agreements and be entitled to
compensation, when collected, related to the completion of said agreements, provided such
agreements where entered into prior to the termination date of the contract, and provided that the
terms of the payment agreement are met by the taxpayer. If the taxpayer violates any payment
agreement or bankruptcy plan agreement, and legal action is required to collect the account, any
such payment agreement, or bankruptcy plan agreement shall be transferred to any new
delinquent tax attorney.
XIX.
City, acting by and through its governing body, shall have the right to sooner terminate this
contract for cause, giving thirty(30) days written notice of such intention, with a statement of the
cause or reasons for such termination, after giving the Attorneys a reasonable opportunity of
explaining or rectifying the same. In case of such early termination, Attorneys shall be entitled
to receive and retain all compensation due up to the date of said termination.
SECTION G
EXECUTION
XX.
This contract is executed on behalf of the City by the City Manager who is duly authorized by its
governing body to execute this instrument by order heretofore passed and duly recorded in its
minutes.
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WITNESS the signatures of all parties hereto in triplicate originals, this a1 day of
Tarrant County, Texas.
THE CITY OF FORT WORTH LINEBARGER, GOGGAN, BLAIR %
SAMPSON, LL /
By. �- \
Charles Boswell, City Manager Stevk Meeks, Manag' g Partr
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ATTEST Contraot AUthoriaatiox
rate
Marty Hendrix, ity Secretary
Approved as to Form and Legality:
David Yett, City Attom!/
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Delinquent Tax Collection Scorecard
I. Delinquent Tax Collections
Points available 75
Benchmark(Average of Previous Years Collection Rates) 78%
A. Collections 2004 Taxes turned over on 07/01/05
Measurement
$Turned Over $0
$ Collected $0
$ Remaining $0
Collection Rate 0%
Projected as % of Benchmark 0%
B. Collections Subsequent Delinquent Taxes turned over 07/01
Measurement
$ Turned Over $0
$ Collected $0
$ Remaining $0
Collection Rate 0%
Projected Annual Collection Rate 0%
Projected as %of Benchmark 0%
TOTAL PROJECTED ANNUAL SCORE -
II.Assisting with Council Strategic Goals
A. Properties Foreclosed as a % of Properties Referred
(Maximum of 20 per month, completion within one year from date of referral)
Points available 25
A B C D E
Date Sent to
Firm 7/31/2005 7/31/2005 7/31/2005 7/31/2005 7/31/2005
Title Work
Done 1 point 1 1 1
Suit Filed 1
point 1 1
Judgment
1 point 1
Sheriff Sale 2
points 2
or
Payment 5
points 5
or
Payout
Agreement 5
points 5
5 5 5 2 1
Points 18
Attorneys'Notes:
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III. MWBE Compliance
Summary
Points Points
Available Scored
I. Dollars Collected as Percent of Dollars Turned Ove 75 0
II. Assisting with Council Strategic Goals 25 0
TOTAL SCORE 100 0.0
III. MWBE Compliance Y/N Y/N
Delinquent Miscellaneous Revenues and Hotel Taxes Collection Scorecard
I. Hotel Taxes
#of Accounts/Lists Turned Over 0
#of Accounts/Lists Acted Upon 0
Action Rate 0%
Attorneys' Notes:
Amount
Collected Amount
Hotel $ Delinquent as of 01/31/05 Remaining
Hotel 1
Hotel 2
Hotel 3
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 5/17/2005
DATE: Tuesday, May 17, 2005
LOG NAME: 13DELTAX05 REFERENCE NO.: C-20744
SUBJECT:
Award of Professional Services Contract for Collection of Delinquent Taxes and Liens
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to negotiate and execute a three year contract with the law firm of
Linebarger Goggan Blair and Sampson for the collection of delinquent property taxes; and
2. Authorize the contract to begin June 1, 2005 and expire May 31, 2008, with two one-year renewal
options. There is no cost to the City as all costs are borne by the law firm and recovered as provided by the
State Property Tax Code.
DISCUSSION:
The City has contracted with the joint venture law firm of Perdue, Brackett, Flores, Utt and Burns for the
collection of delinquent property taxes and other miscellaneous delinquent revenues since January 1, 2001.
This contract expired on December 31, 2004. The contract has been extended on a month to month basis
since that time.
In accordance with the City Council's directive, staff issued a Request for Proposals on April 7, 2005, for
attorneys and/or law firms to collect delinquent property taxes for the City of Fort Worth and to assist as
requested in the collection of delinquent hotel/motel taxes, bankruptcy claims and other miscellaneous
delinquent accounts. The deadline for receipt of the proposals was April 21, 2005. The City received
proposals from two firms: 1) the Joint Venture of Perdue, Brackett, Flores, Utt and Burns (Perdue JV); and
2) the Law Firm of Linebarger Goggan Blair& Sampson (Linebarger).
An evaluation team composed of staff from Law, Finance, Internal Audit and the M/WBE Office reviewed
the submissions and conducted interviews with both firms. Evaluation criteria included collection rates,
qualifications and experience, completeness and quality of the response, M/WBE compliance and staff and
technology resources. The team discussed the responses with the City Attorney and City Manager on
May 6.
Based on the evaluations and interviews, staff recommends negotiating and executing a three year contract
with Linebarger Goggan Blair& Sampson based on the following:
Linebarger scored 88 out of 95 points on the evaluation criteria mentioned above, compared to the
Perdue JV's score of 83.7.
Linebarger has extensive qualifications and experience collecting for clients similar to the City of Fort
Worth and currently collects for nine of the ten largest taxing entities in Texas.
Logname: 13DELTAX05 Page 1 of 2
Linebarger has a Fort Worth Office of 33 experienced professionals with impressive credentials and
proposes creating a dedicated five person Fort Worth Collection Team to enhance collection efforts.
The Fort Worth Office has strong technology resources and is online with the County Tax Office,
County District Clerk and various bankruptcy courts throughout the nation.
The Fort Worth Office collects for 28 taxing jurisdictions in Tarrant County and consolidating the City's
collections with one firm should enhance collection efforts.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that this action requires no material expenditures of City funds. All costs are
borne by the law firm and recovered from the delinquent taxpayer as provided by the State Property Tax
Code.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office by: Richard Zavala (Acting) (6222)
Originating Department Head: Jim Keyes (8517)
Additional Information Contact: Skipper Shook (8519)
Lognarne: 13DELTAX05 Page 2 of 2