Loading...
HomeMy WebLinkAboutContract 54087 CSC No. 408 t STATE OF TEXAS § § AGREEMENT FOR PROFESSIONAL § COURT COLLECTION SERVICES COUNTY OF TARRANT § This AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES (Agreement) is made and entered into by and between the City of Fort Worth(City),a home-rule municipality existing in the State of Texas, acting by and through its duly authorized Assistant City Manager, and Linebarger Goggan Blair & Sampson, L.L.P. (Firm), a Texas law firm, acting by and through its duly authorized Managing Partner, 1. Scope of Services (a) In General Firm covenants and agrees,with good faith and due diligence,to perform professional collection services on all debts and accounts receivable referred to Firm by the City's Municipal Court Services Department pursuant to this Agreement (Services). Services shall include all activities and functions generally required of a professional law firm in the business of collecting delinquent fines, fees, restitution, and other debts and costs for a municipality. At a minimum,Firm shall: 1. Make at least three (3) contact attempts within a 6-month period from the date the Firm receives the referral data from the City. Make at least one (1) written contact attempt with the defendant via postal 3 0 2020 services within 60 days of receiving the referral data from the City, unless the 3UN Firm receives written approval from the Director of Municipal-Court Services C1NSECRYH to waive this requirement. The format and language of all written CIV correspondence shall be subject to review and approval by the City. 3. Make at least one(1)telephone contact attempt with the defendant within thirty (30) days of receiving the referral data from the City unless the Firm receives written approval from the Director of Municipal Court Services to waive this requirement. Firm and Firm's agents and employees shall comply with all City policies related to building security and Criminal Justice Information Systems, including being subjected to criminal background checks. City shall have a right to refuse to allow any of Firm's agents and employees from working in secure areas of municipal court buildings. For purposes of this section, "contact attempt" shall mean exhausting (subject to the AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Pa 1 f 22 Linebarger,Goggan,Blair&Sampson,L.L.P. OFFICIAL.RE&Kii CITY SECRETARY FT. WORTH, TX limitations established by Section 1(b) all available means to communicate with the defendant using the postal service, telephone, or any other method that is reasonably accessible to the Firm. (b) Limitations on Contact No contacts will be initiated by the Firm to the defendant. Any and all written or telephone contacts shall cease upon notice from the City that the referral has been withdrawn or that the underlying case has been handled in some way that precludes further contact. No contacts shall be made after the effective date of termination or expiration of this Agreement. (c) Allocation of Costs Firm shall bear all costs associated with its collection efforts, including, but not limited to, personnel salaries, document reproduction and mailing costs, mileage charges, costs of postal or other delivery service, and charges for telephone and internet service. (d) Standards of Care and Conduct All services provided by the Firm hereunder shall be performed with the degree of care and skill ordinarily exercised under similar circumstances by competent members of the debt collection services profession in the State of Texas, and Firm shall be responsible for all services provided hereunder. Firm shall perform all duties and services and make all decisions called for under this Agreement promptly and without unreasonable delay and will give its obligations under this Agreement such priority as is necessary to cause the Services to be timely and properly performed. In communicating with defendants, Firm shall make no promises or offers of delay or stay of execution of any unpaid citation or warrant, nor shall Firm enter into any agreement purporting to authorize a delay of payment, suspension of warrant, or suspension of fine owed. (e) Training of Personnel Firm is responsible for the hiring, training, and supervising of all personnel necessary for the performance of this Agreement. Firm hereby represents, promises, and warrants to the City that Firm is financially solvent and possesses sufficient experience, authority, personnel, and working capital to complete the Services. (f) Reports and Information from Firm AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 2 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. Firm shall prepare and provide to the City reports once each calendar month documenting the performance of Services by the Firm under this Agreement. The report shall be submitted to the Director of Municipal Court Services. An example of the report is provided in Appendix A Reports should include referral information such as the number and value of accounts referred and resolution details such as when accounts are cancelled or collected Reports shall also include collection efforts such as number and value of accounts mailed and called. The reports shall indicate the number of referrals received by the Firm on a monthly basis as well as the cancellation and collection activity for those monthly referrals. Reports shall also include cancellations and collections of referred accounts based on offense date.The parties may agree in writing what information reports are required to contain. As requested, the Firm shall provide the City with any updated defendant contact information that the Firm has obtained;this information shall be furnished on portable electronic media in an Extensible Markup Language(.xml)format. Further,Firm shall provide such information on its activities concerning the referred accounts as may be reasonably requested by the Director of Municipal Court Services or that person's designee. Firm shall work with the City to develop customized reports which will be available for the City to access and print, at no cost to the City, through a web-based product. Firm agrees that on a daily basis it will provide the City with any updated documentation provided by defendants that is related to citations referred to Firm for collection. The Firm agrees to provide such documentation in a .pdf format to a City e-mail address selected by the City. Firm agrees that on a bi-annual basis to work jointly with the City to perform a reconciliation of referred accounts to include,but is not limited to,case number,case status, collection status, and current balance due. Firm and City agree to meet on a quarterly basis to discuss performance,business process, reporting, and reconciliation efforts. 2. Term; Termination (a) Primary Term The primary term of this Agreement shall be for a period of sixty (60) months beginning July 1, 2020, and ending June 30, 2025, unless terminated sooner in accordance with this section. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 3 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. (b) Renewal Options In addition to the primary term, the City may, at its discretion, renew this Agreement for up to two additional, two-year renewal periods on the same terms and conditions by providing written notice to Firm at least ninety(90) days before the end of the then- current term. If no parry to this Agreement provides written notice of termination and no renewal pursuant to the terms above are approved by the City, this Agreement shall automatically extend until some action is taken to either renew the Agreement, terminate the Agreement or enter into a new Agreement. (c) Termination at Will City may terminate this Agreement at any time, with or without cause, by giving thirty (30) days written notice to the Firm. Following receipt of the notice, the Firm will continue to perform collection services under the terms of this Agreement through the effective date of termination. Within one month of the effective date of termination, Firm shall provide City with a final statement showing a detailed history of each referred debt and account receivable that remains outstanding. (d) Termination for Cause In the event of breach of any the provisions of this Agreement by Firm,the City agrees to notify the Firm within 30 days of its discovery of the breach and give the Firm an additional 30 days to cure the breach. In the event that the City is not satisfied with the Firm's attempt to cure the breach,the City may immediately terminate this Agreement thereafter by giving written notice to Firm. (e) Effect of Termination/Expiration In the event that this Agreement is terminated prior to the end of any term, including renewal terms, all referred accounts will be immediately considered withdrawn from collection efforts as of the effective date of termination. All collection efforts will immediately cease and any uncollected collection fees will be removed by the court on the effective date of termination. No collection fees will be assessed after the date of expiration of this Agreement. 3. Referrals (a) General Referral Criteria The City may, in its discretion and pursuant to the criteria listed herein, refer to the AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 4 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. Firm debts and accounts receivable (such as unpaid fines, fees, court costs, forfeited bonds, or restitution) ordered paid by the Fort Worth Municipal Court or by a hearing officer serving the City under Chapter 682 of the Texas Transportation Code.No debt or account receivable will be referred to the Firm until such amount is more than 60 days past due. For purposes of this Agreement, an amount is considered more than 60 days past due if it remains unpaid on the 61 st day after the date on which the debt or account receivable must be paid in full as determined by the court or hearing officer. Referral of delinquent adjudicated cases (Appendix B for Definitions) shall consist generally of Class C misdemeanor criminal cases, which have been in delinquent status over 60 days. Referral of delinquent non-adjudicated cases shall consist generally of Class C misdemeanor criminal cases,which have been in delinquent status over 120 days. Referral of delinquent parking citations shall consist generally of citations which have been in delinquent status over 60 days. (b) Addition of Collection Service Fee In accordance with Article 103.0031(b) of the Texas Code of Criminal Procedure, the collection fee shall be thirty percent(30%)on all eligible debts and accounts receivable referred.For purposes of calculating and assessing the collection fee,the eligible debts and accounts receivable shall not include a charge imposed pursuant to Chapter 706 of the Texas Transportation Code. For purposes of this Agreement, an eligible debts and accounts receivable is one that is more than 60 days past due and that relates to an offense that occurred on or after June 18, 2003. A debt or account receivable is not eligible if it relates to an offense that occurred prior to June 18, 2003. Both eligible and non-eligible debts and accounts receivable may, in the City's discretion,be referred to the Firm for collection services.Firm agrees that no collection fee shall be assessed or paid for non-eligible debts. (c) Limits on Referrals No debts and accounts receivable shall be submitted to the Firm if such amount relates to a "JV" case or any other case involving an individual who is less than eighteen(18) years of age. In the event such a debt or account receivable is inadvertently referred to the Firm,the Firm shall immediately notify the City,and the debt or account receivable shall be withdrawn. The City shall retain complete discretion regarding the number and types of debts and accounts receivable to be submitted to the Firm for collection services. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 5 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. (d) Character and Use of Referred Information City makes no express or implied warranty to the Firm regarding the accuracy of any data provided on any referred debt or account receivable, nor does it make any express or implied warranty concerning the value or collectability of any such debt or account receivable. All information supplied by the City to the Firm shall be kept confidential and disclosed to Firm's employees only on a need-to-know basis for use solely for the purpose of performance of the Services. Disclosure of information by Firm or its employees to a defendant or spouse of a defendant shall occur only in accordance and compliance with applicable debt-collection laws and regulations. (e) Withdrawal of Referrals The City may at any time and in its sole discretion withdraw any debts and accounts receivable that was previously referred to the Firm.No collection fee shall be assessed on any withdrawn account amount. (f) Method of Making Referrals All data regarding debts and accounts receivable being referred to the Firm shall be provided on portable electronic media in an Extensible Markup Language (.xml) format, or through an interface with the City's case management system. If the City opts to enhance, alter, or upgrade the Municipal Court's electronic document management software to include a collections module, the City and Firm shall negotiate in good faith to amend this Agreement to allow for use of data compatible with such module. The City shall provide the Firm with daily updates on any activity for cases that have been referred. (g) Payments by Defendants The Firm will instruct defendants to make payments in accordance with standard public payment options for Fort Worth Municipal Court. 4. Consideration (a) In General In exchange for providing the Services detailed above,the Firm shall be entitled to that portion of the thirty percent (30%) collection fee assessed in accordance with Section 3(b) of this Agreement and Article 103.0031 (b) of the Texas Code of Criminal Procedure that is actually received by the City. (b) Limitations on Collection Fee AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 6 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. No collection fee shall be assessed, collected, or paid to Firm for any debts and accounts receivable that is not "eligible" as that term is defined in Section 3(b) of this Agreement, nor shall any collection fee be assessed, collected, or paid to Firm on a charge imposed pursuant to Chapter 706 of the Texas Transportation Code. In accordance with Article 103.0031(d) of the Texas Code of Criminal Procedure, if the court or hearing officer of original jurisdiction has determined the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs, the defendant is not liable for and the Firm shall not receive the collection fees. City is under no obligation to pay collection fees under these circumstances. If, for any reason, the City receives less than the full amount of a debt or account receivable (including all fines, fees, restitutions, administrative and court costs, any other court-ordered or hearing-officer-ordered debt or cost, and the collection fee),the allocation to the Texas Comptroller, the City, and the Firm shall be reduced proportionately in accordance with Article 103.0031 (e) of the Texas Code of Criminal Procedure. Pursuant to Article 103.0031(b) of the Texas Code of Criminal Procedure, no collection fee shall apply or be paid to the Firm if(i) the underlying case has been dismissed by a court or hearing officer of competent jurisdiction or (ii) underlying amounts have been satisfied through time-served credit or community service. City is under no obligation to pay collection fees under these circumstances. In the event an eligible debt or account receivable is settled partially through time-served credit and partially through monetary payment,the collection fee shall apply to the portion of the debt that is paid, and the Firm shall be entitled to such collection fees to the extent they are actually received by the City. (c) Payments to Firm, Payments to City City shall make payments to the Firm once per City fiscal quarter of all collection fees that have been imposed under Section 3(b) of the Agreement and that have been actually received by the City. These payments will be accomplished in coordination with the quarterly payments made to the State of Texas by City. Quarterly payments from the City shall be accompanied by a report in a Microsoft Excel Spreadsheet (.xls) format documenting referrals that were resolved in the preceding three months. For referrals that were resolved by full or partial payment, the report shall include the following information: the defendant's name and date of birth, the Municipal Court case number(s), the original City-reported case amount(s) due, the amount of money actually received (including any modified case amount(s) due), and the amount of payment being remitted to Firm. For referrals that were resolved by any non-monetary means(including but not limited to, dismissal, a fmding AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 7 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. of indigence, and defendant serving jail time), the report shall include the following information: the defendant's name and date of birth, the Municipal Court case number(s), the original City-reported case amount(s) due, and a brief explanation of the non-monetary resolution. (d) Additional Consideration In addition to providing Services under this Agreement, Firm agrees to: 1. Provide the City with in-kind contributions with a value of no less than Forty Thousand Dollars ($40,000.00) per year of this Agreement towards promotional and special enforcement efforts associated with collection of debts and accounts receivable. Firm shall receive approval of all in-kind contributions by the Municipal Court Services Director prior to purchase or distribution. Examples of in-kind contributions include door hangers,Facebook ads,flyers,pencils,pens,and advertisements. 2. Explore an appropriate method of utilizing social media outlets to aid in the collection of debts and accounts receivable. The use and operation of such social media outlets must be in compliance with all relevant laws, regulations, and the City's regulations on use of social media. 3. Be responsible for a specialized dialing/text system that will be utilized during special initiatives designated by the City Marshal to contact individuals with warrants and provide information about the special initiatives and payment opportunities. As permitted by law. 4. Provide assistance related to the implementation of the Texas Scofflaw program. 5. Develop, maintain, and host an on-line portal that would provide the opportunity for recipients of a collection letter to access information about their citation. 6. Coordinate with the City and be responsible for all costs of any future interfaces related to external collections within the current case management system or with any new case management system selected by the City during the term of this Agreement. 7. Designate an employee of Firm who will research defendant disputes and will provide updated information monthly related to the dispute, including documents, contact information, addresses, and phone numbers to the City. 8. The Firm is expected to meet or exceed monthly, yearly and overall performance quality thresholds as part of the City's performance requirements. The evaluation AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 8 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. of performance quality will be completed on an annual basis. The purpose of this Agreement is to assist the court in resolution of all cases with the appropriate disposition of each individual case. Failure to meet one or more of the performance requirements may result in the termination or non-renewal of the Agreement. Firm is expected to meet the following performance requirements for each period of this Agreement: • Criminal Cases • Resolution, in this section, refers to the collection, cancellation, dismissal or disposition of cases. This shall include all lawfully and judicially authorized resolutions. The resolution rate shall be determined by adding the total number of cases collected and cancelled,and then dividing that number by the adjusted total number of cases assigned during the period of assessment. These metrics are based on the presumption that the City maintains its current process of assigning cases to the firm with an average age of no less than 240 days from offense date,as calculated in a 12 month period. These metrics are also based on the City's continued use of a temporary Stop Work status for cases that are assigned to the Firm with a temporary designation to halt resolution efforts. • Monthly Performance: • For all cases assigned to the Firm in one month, the City requires Firm to achieve a resolution rate of 10.5% by the end of the 12th month following placement. • Yearly Performance: • For the aggregate of all cases assigned to the Firm in one calendar year, the City requires Firm to achieve a resolution rate of 15% by the end of the following calendar year. • Overall Performance: • The City requires the Firm to achieve an overall resolution rate of 55% of all cases assigned to the Firm during and prior to this Agreement. • Parking Liable Cases AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 9 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. • For Parking Liable cases, resolution includes any final disposition of the case whether monetary, City initiated cancellations or otherwise. This metric is based on the presumption that the City maintains its current process of assigning cases to the firm with an average age of no greater than 100 days of violation date, as calculated in a 12 month period. • Monthly Performance: • For all cases assigned to the Firm in one month, the City requires Firm to achieve a resolution rate of 15% by the end of the 12th month following placement. • Yearly Performance: • For the aggregate of all cases assigned to the Firm in one calendar year, the City requires Firm to achieve a resolution rate of 17% by the end of the following calendar year. • Overall Performance: • The City requires the Firm to maintain an overall resolution rate of 21% of all cases assigned or pending with the Firm during and prior to this Agreement. All in-kind contributions shall be made out of Firm's separate funds and not from any monies that Firm receives as compensation under this Agreement and shall occur regardless of whether Finn's collection efforts result in any recovery of the accounts receivable or of Firm's fee. 5. Agreement Administrator The Director of Municipal Court Services shall serve as administrator of this Agreement for the City and is authorized to act on behalf of and bind the City with respect to all day-to-day matters related to administration of this Agreement. Any presentation of collection information provided to City Boards and/or City Council by the firm must receive prior approval from the Director of Municipal Court Services. However, the Director of Municipal Court Services is not authorized to execute this Agreement,any amendment hereto, or any assignment hereof, such action shall require the signature of the City Manager or an Assistant City Manager in order to be binding on the City. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 10 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. All Services shall be coordinated with and performed to the satisfaction of the City. The Director of Municipal Court Services, and firm who may meet on a monthly basis to reconcile all collected accounts. For purposes of this Agreement, the term "Director of Municipal Court Services" shall also include that person's authorized representative. 6. Network Access If Firm, and/or any of its employees, officers, agents, servants or sub-Firms (for purposes of this section ("Firm Personnel"), requires access to the City's computer network in order to provide the services herein, Firm shall execute and comply with the City's current Network Access Agreement. 7. Indemnification and Release Firm shall be liable and responsible for any and all Property loss,Property damage,and/or Personal iniury (including death) to any and all persons, of any kind or character,whether or not real or asserted, to the extent caused by the act(s) or omission(s) of Firm, its officers, agents, servants, employees, or separate contractors. FIRM COVENANTS AND AGREES TO DEFEND, INDEMNIFY, AND HOLD THE CITY, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, AND SEPARATE CONTRACTORS HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS,COSTS,AND EXPENSES OF ANY HIND,INCLUDING,BUT NOT LIMITED TO,THOSE FOR PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO OWNER'S BUSINESS AND ANY RESULTING LOST PROFITS)AND/OR PERSONAL INJURY (INCLUDING DEATH) THAT MAY RELATE TO, ARISE OUT OF, OR BE OCCASIONED BY (I) FIRM'S BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR(II)ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF FIRM, ITS OFFICERS, AGENTS, ASSOCIATES,EMPLOYEES, SEPARATE CONTRACTORS (OTHER THAN CITY)OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OF THIS AGREEMENT, EXCEPT THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL NOT APPLY TO ANY LIABILITY RESULTING FROM THE SOLE NEGLIGENCE OF THE CITY OR ITS OFFICERS, AGENTS, EMPLOYEES, OR SEPARATE CONTRACTORS, AND IN THE EVENT OF JOINT AND CONCURRENT NEGLIGENCE OF BOTH FIRM AND CITY, RESPONSIBILITY, IF ANY, SHALL BE APPORTIONED COMPARATIVELY IN ACCORDANCE WITH THE LAWS OF THE STATE OF TEXAS. NOTHING HEREIN SHALL BE CONSTRUED AS A WAIVER OF THE CITY'S GOVERNMENTAL IMMUNITY AS FURTHER PROVIDED BY THE LAWS OF THE STATE OF TEXAS. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 11 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. In the event that litigation is initiated against the City by a defendant contacted by the Firm in the collection activity of the Firm, then the Firm agrees to represent the City in such litigation as a part of the services compensated in this Agreement. In addition, by executing this Agreement, Firm releases the City, its officers, agents, and employees from any liability for any claims related to Services performed by Firm,property damage or loss and/or personal injury (including death) incurred during performance of this Agreement. 8. Insurance and Bonding Firm shall provide City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: (a) Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Bodily injury per person $500,000 Bodily injury per person per occurrence $100,000 Property damage Coverage shall be on any vehicle used by Firm, its employees, agents, representatives in the course of providing services under this Agreement. (c) Commercial Crime Insurance $1,000,000 Occurrence $2,000,000 Annual Aggregate To cover the risk of loss due to the wrongful conversion of any funds and assets of City by Firm,its officers, agents,servants,employees,or separate contractors. Firm shall maintain said bond or insurance for a period of two (2)years after the expiration of this Agreement. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 12 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. (d) Worker's Compensation—statutory limits or as permitted by law. (e) Professional Liability(Errors &Omissions) Firm shall maintain Professional Liability (Errors & Omissions) insurance in the amount of$1,000,000 per claim and$1,000,000 aggregate limit. (f) Certificates Certificates of Insurance evidencing that Firm has obtained all required insurance shall be delivered to City prior to Firm proceeding with any work pursuant to this Agreement. All policies except Professional Liability shall be endorsed to include a Waiver of Subrogation on behalf of the City. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of City to request required insurance documentation shall not constitute a waiver of the insurance requirement. Such terms shall be endorsed onto Firm's insurance policies. Notice shall be sent to the Risk Manager,City of Fort Worth,200 Texas Street,Fort Worth, Texas, 76102,with copies to City at the notice address provided herein. (g) A minimum of Thirty (30) days' notice of cancellation or reduction in limits of coverage shall be provided to City. Ten (10) days' notice shall be acceptable in the event of non- payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 200 Texas Street, Fort Worth, Texas 76102, with copies to the Fort Worth City Attorney at the same address. (h) The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required, written approval of Risk Management is required. 9. Independent Contractor It is expressly understood and agreed that Firm and its employees, representative, agents, servants, officers, contractors, sub-contractors, and volunteers shall operate as independent contractors as to all rights and privileges and work performed under this Agreement, and not as agents,representatives or employees of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Firm shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its employees, representative, agents, servants, officers, contractors, sub-contractors , and volunteers. Firm acknowledges that the doctrine of respondeat superior shall not apply as between the City and its AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 13 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. officers, representatives, agents, servants and employees, and Firm and its employees, representative, agents, servants, officers, contractors, sub-contractors, and volunteers. Firm further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Firm. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Firm or any employees, representative, agents, servants, officers, contractors, sub-contractors, and volunteers of Firm. Neither Firm, nor any officers, agents, servants, employees or sub-contractors of Firm shall be entitled to any employment benefits from the City. Firm shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of employees, representative, agents, servants, officers, contractors, sub-contractors, and volunteers. The City, through its authorized representatives and employees, shall have the sole and exclusive right to exercise jurisdiction and control over City employees. Firm represents that all of its employees and sub-contractors who perform Services under this Agreement shall be qualified and competent to perform the Services set forth herein. 10. Compliance with Law In performing collection services hereunder, Firm shall comply at all times with all federal, state, and local laws, regulations, and ordinances (including policies of the City)that in any manner affect the Firm or the Services, including in particular those related to debt collection. In accordance with Section 6 of this Agreement, FIRM SHALL INDEMNIFY AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, EMPLOYEES, AND SEPARATE FIRMS AGAINST ANY CLAIM ARISING FROM THE ALLEGED VIOLATION OF SUCH A LAW, ORDINANCE, OR REGULATION BY THE FIRM,ITS OFFICERS,AGENTS,EMPLOYEES,DIRECTORS, OWNERS, OR SEPARATE FIRMS. Firm acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Amendment, Firm certifies that Firm's signature provides written verification to the City that Firm and any wholly owned subsidiary, majority-owned subsidiary, parent company, or affiliate of the Firm (1) do not boycott Israel; and (2)will not boycott Israel during the term of the Agreement. 11. Permits Firm shall obtain, at its expense, any necessary permits from any governmental authority for the performance of the services hereunder. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 14 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. 12. Records, Statements,Reports For a period of three (3) years after final payment under this Agreement or any subcontract,Firm and its permitted sub-contractors shall securely keep and maintain accurate records relating to activity on debts and accounts receivable referred by the City to Firm. 13. Right to Audit (a) Firm agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement,have access to and the right to examine any books,documents, papers, and records of the Firm involving transactions relating to this Agreement. Firm agrees that the City shall have access during normal working hours to all necessary Firm facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. (b) Firm further agrees to include in any sub-contractor agreements hereunder a provision to the effect that sub-contractor agrees that the City shall,until the expiration of three (3) years after final payment under the sub agreement, have: (i) access to and the right to examine any books, documents, papers and records of such sub-contractor, involving transactions relating to the sub agreement; and (ii) access during normal working hours to all sub-contractor facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. (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 provision. 14. Notices Notices required or allowed to be provided hereunder shall be sufficient if forwarded to the other parry by hand-delivery or via U.S. Postal Service certified mail,postage prepaid, to the address of the other party shown below: To the City: To the Firm: Valerie R. Washington, Barbara M. Williams Assistant City Manager Managing Partner City of Fort Worth Linebarger Goggan Blair& 200 Texas Street St. Sampson, LLP Fort Worth, Texas 76102 100 Throckmorton, Suite 300 (817) 392-6183 Fort Worth, Texas 76102 (817) 317-9511 AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 15 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. With copy to the City Attorney's Office at the same address Such notice shall be deemed to have been received on the third day after it was deposited with the United States Postal Service, directed to the last known address of the other parry, with applicable postage charges prepaid. 15. Force Majeure If either parry is unable, either in whole or part, to fulfill its obligations under this Agreement due to acts of God; strikes,lockouts,or other industrial disturbances;acts of public enemies; wars; blockades; insurrections; riots; epidemics; public health crises; earthquakes; fires; floods; restraints or prohibitions by any court, board, department, commission, or agency of the United States or of any state; declaration of a state of disaster or of emergency by the federal, state, county, or City government in accordance with applicable law; issuance of a Level Orange or Level Red Alert or comparable alert by the United States Department of Homeland Security; any arrests and restraints; civil disturbances; or explosions; or some other reason beyond the parry's reasonable control(each a, "Force Majeure Event"),the obligations so affected by such Force Majeure Event will be suspended only during the continuance of such event. 16. M/WBE Participation Firm agrees to comply with the City's Minority/Women's Business Enterprise (M/WBE) Ordinance and any subsequent amendments thereto by committing to five percent (S%) M/WBE participation. 17. Assignment and Subcontracting With the exception of subcontracting work to enable Firm to comply with M/WBE requirements of this Agreement,Firm may not assign or transfer any interest in the Agreement nor delegate the performance of any duties hereunder without the written consent of the City Manager or an Assistant City Manager. Any such attempted assignment without prior written consent shall be void. Consent of the City to an assignment shall not relieve the Firm of liability in the event of default by its assignee. Firm and Assignee shall be jointly liable for all obligations under this Agreement prior to the assignment. If City grants consent to a subcontract, the subcontractor shall execute a written agreement with Firm referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of Firm under this Agreement as such duties and obligations may apply. Firm shall provide City with a fully executed copy of any such subcontract. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 16 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. 18. Nondiscrimination As a condition of this Agreement,Firm covenants that it will take all necessary action to insure that in connection with any work under this Agreement, the Firm, 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, or any other basis prohibited by law, either directly or indirectly or through contractual or other arrangements. If any claim arises from an alleged violation of this non- discrimination covenant by Firm, its employees, personal representatives, assigns, contractors, subcontractors, or successors in interest, Firm agrees to assume such liability and to indemnify and defend City and hold City harmless from such claim. 19. Choice of Law; Venue This Agreement shall be construed in accordance with law of the State of Texas. Should any action at law or in equity arise, directly or indirectly, out of the terms of this Agreement, 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. 20. 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 permitted assigns. Each undersigned signatory represents and warrants that he or she is the duly authorized representative of the party on whose he or she is signing and is authorized to execute this Agreement. Nothing herein shall be construed as creating a personal liability on the part of any City officer, employee, or agent. 21. Representation of Other Governmental Entities The City acknowledges and consents to the representation by the Firm of other governmental entities that may be seeking the payment of fines and fees or other claims from the same person(s) as the City. 22. Severability In the event any one or more of the provisions contained in this Agreement should for AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 17 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. 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. 23. 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. 24. Rights and Remedies Cumulative The rights and remedies provided by this Agreement are cumulative, and the use of any one right or remedy by either party shall not preclude or waive that party's 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. 25. Waiver of Default No waiver by either parry hereto of any default or breach of any term, condition, or covenant of this Agreement shall be deemed to be a waiver of any other breach of the same or any other term, condition, or covenant contained herein. 26. Governmental Powers Both parties agree and understand that the City does not waive or surrender any of its governmental powers by execution of this Agreement. 27. Review by Counsel The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 28. Signature Authority The person signing this Agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 18 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 29. Headings Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 30. Entire Agreement This written instrument (together with any attachments, exhibits, and appendices) constitutes the entire understanding between the parties concerning the work and services to be performed hereunder, and any prior or contemporaneous, oral or written agreement that purports to vary from the terms hereof shall be void. EXECUTED in multiple originals on this,the 3 0 t h day of June , 2020. CITY OF FORT WORTH, TEXAS LINEBARGER, GOGGAN, BLAIR & SAMPSON,L.L.P. Valerie Washington (Jun 30,202012:28 CDT) Valerie R. Washington rbara M. Will Assistant City Manager Managing Partner Date: June 30, 2020 Date: ( I Z3 2cl ATTEST: WITNESS: mat A:o �: Mary Kayser �` �.,....... ° �, Name: City Secretary ,��' l Title: APPROVED AS TO FO AGREEMENT FOR PROFESSIA C FCTION SERVICES Linebarger,Goggan,Blair&Sampson,t h.Pa- Cori SECREMRV �b Jo Pate (Ju 2�;202016:38 CDT) Jo Ann Pate Assistant City Attorney II Contract Compliance Manager: By Signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: +��✓ Name: Juan Paredes Title: Administrative Services Manager M&C: 20-0397 Date Approved: 06-16-2020 HB 1295: 2020-623766 OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 20 of 21 Linebarger,Goggan,Blair&Sampson,L.L.P. APPENDIX A (See Attachment) AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 21 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. APPENDIX B Definitions: ADJUDICATED CASE: Adjudicated cases are criminal cases (non-parking) are those cases in which a Judge has entered a ruling or judgment. If there is a balance, a fine has been assessed. The assessed amount may be satisfied by payment, community service, obtaining credit for time served inj ail, or, if the Defendant is found indigent,the judge may waive the fine and costs/fees. NON-ADJUDICATED CASE: Non-adjudicated cases are criminal cases (non-parking) are those cases in which a Judge has not ruled or there is a deferred judgment. DELINQUENT CITATIONS (PARKING): The registered vehicle owner or operator may contest a parking citation or pay the fine within 21 calendar days from the date of the citation. Parking cases are civil offenses and not criminal in nature. AGREEMENT FOR PROFESSIONAL COURT COLLECTION SERVICES Page 22 of 22 Linebarger,Goggan,Blair&Sampson,L.L.P. LINEBARGER 41! ATTORNEYS AT LAW City of Fort Worth Parking Fees & Fines Collection Reports October 1, 2019 - March 31, 2020 Corey Fickes Capital Partner 817-317-9556 Marisela Navarro Court Services Manager 817-317-9519 Linebarger Goggan Blair&Sampson, LLP 100 Throckmorton Suite 300, Fort Worth,TX 76102 Proprietary and Confidential Information Linebarger Goggan Blair&Sampson, LLP considers the information contained in these documents to be proprietary, confidential,trade secrets of the firm. We respectfully request that no copies of this information be made and/or distributed without the prior written consent of the firm. FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 City of Fort Worth Parking Fees and Fines Report October 1, 2019 to March 31, 2020 Collection Activity Summary Last 30 Days* Year to Date** Total Dollars Collected $113,688 $420,131 All Letters Mailed 6,772 117,757 Dollar Amount of Mailed Letters $1,173,431 $16,849,728 All Phone Call Activity- Incoming 2,802 7,201 Outgoing 4,344 32,914 Collection Disposition Summary- Last 30 Days* Amount Value Accounts Placed 1,458 $150,270 Accounts Collected 2,631 $113,688 Accounts Cancelled 301 $21,627 Accounts Resolved 1 2,932 $135,315 Collection Disposition Summary-Year to Date** Amount Value Accounts Placed 10,937 $1,119,316 Accounts Collected 9,431 $420,131 Accounts Cancelled 771 $57,625 Accounts Resolved 1 10,202 $477,756 Collection Disposition Summary-Contract to Date Amount Value Accounts Placed 581,338 $32,499,509 Accounts Collected 80,471 $5,285,580 Accounts Cancelled 186,898 $4,506,000 Accounts Resolved 267,369 $9,791,580 Dollar Resolution Rate 30.7% All numbers from LGB&S,LLP history *From 03/01/20-03/31/20 **From 10/01/19-03/31/20 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 1 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 City of Fort Worth Parking Fees and Fines Report Collection Activity As of March 31, 2020 Accounts Original Placement Cancelled Adjusted Year Month Collections Placed $ Amount Amount March 1,458 $150,270 $21,627 ($464) $113,688 February 1,519 $158,954 $14,418 ($80) $86,078 January 1,990 $201,526 $3,827 $317 $51,752 December 1,993 $203,191 $5,724 $285 $42,136 November 1,808 $185,957 $8,326 $397 $42,658 October 2,169 $219,418 $3,703 $441 $83,819 2019- 2020 Summary 10,937 $1,119,316 $57,625 $896 $420,131 September 1,477 $149,369 $3,445 $702 $39,680 August 1,792 $179,573 $1,277 ($861) $36,167 July 2,355 $232,561 $7,667 $615 $43,337 June 1,725 $168,066 $3,536 $57 $25,923 May 1,754 $170,765 $2,827 ($18) $28,983 April 1,619 $155,704 $3,297 $479 $26,032 March 990 $88,078 $1,661 $1,390 $32,907 February 1,171 $103,346 $5,846 ($59) $23,975 January 1,604 $135,612 $8,588 $360 $24,835 December 1,311 $112,834 $4,948 $314 $17,533 November 1,453 $123,035 $430 $239 $16,159 October 1,737 $146,194 $2,882 ($23) $19,982 2018- 2019 Summary 18,988 $1,765,137 $46,404 $3,195 $335,513 2017- 2018 Summary 16,164 $1,383,539 $38,402 $27,992 $391,023 2016- 2017 Summary 17,969 $1,512,405 $251,681 $93,209 $379,323 2015 - 2016 Summary 21,612 $1,709,516 $130,689 $975 $667,638 2014- 2015 Summary 20,999 $1,708,336 $121,058 $8,760 $473,898 2013 - 2014 Summary 31,859 $1,953,450 $33,243 ($1,356) $366,843 2012- 2013 Summary 22,887 $1,884,172 $1,213 ($8,340) $364,188 2011 - 2012 Summary 23,257 $2,024,292 $1,375 ($20,588) $397,010 2010- 2011 Summary 25,703 $2,177,482 $3,888,793 ($268,400) $635,834 2009- 2010 Summary 362,279 $14,635,489 $2,401 ($14,406) $853,747 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 2 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Year Month # $ # $ % # $ % $ % 2020 4 375 $ 37,067.50 1 $ 50.00 0.13% $ 37,017.50 99.87% 2020 3 1,458 $ 150,142.50 3 $ 312.00 0.21% 66 $ 6,759.50 4.51% $ 143,071.00 95.29% 2020 2 1,519 $ 158,657.00 16 $ 1,809.50 1.14% 221 $ 23,037.68 14.69% $ 133,809.82 84.34% 2020 1 1,989 $ 201,087.50 21 $ 2,496.00 1.24% 349 $ 35,629.10 17.94% $ 162,962.40 81.04% 2019 12 1,993 $ 202,904.00 33 $ 3,770.00 1.86% 399 $ 41,228.50 20.70% $ 157,905.50 77.82% 2019 11 1,808 $ 186,049.30 24 $ 3,009.50 1.62% 290 $ 29,021.50 15.86% $ 154,018.30 82.78% 2019 10 2,169 $ 219,710.24 17 $ 1,537.00 0.70% 376 $ 36,674.40 16.81% $ 181,498.84 82.61% 2019 9 1,477 $ 149,388.50 8 $ 968.50 0.65% 249 $ 24,046.00 16.20% $ 124,374.00 83.26% 2019 8 1,791 $ 179,480.00 14 $ 1,339.00 0.75% 335 $ 32,211.50 18.08% $ 145,929.50 81.31% 2019 7 2,355 $ 232,779.00 13 $ 1,204.00 0.52% 481 $ 46,944.00 20.27% $ 184,631.00 79.32% 2019 6 1,725 $ 168,047.50 11 $ 1,111.50 0.66% 336 $ 32,703.00 19.59% $ 134,233.00 79.88% 2019 5 1,754 $ 170,673.50 23 $ 2,301.00 1.35% 391 $ 38,451.00 22.84% $ 129,921.50 76.12% 2019 4 1,616 $ 155,489.00 16 $ 1,657.50 1.07% 364 $ 34,260.00 22.27% $ 119,571.50 76.90% 2019 3 989 $ 88,404.50 13 $ 1,298.50 1.47% 207 $ 18,089.00 20.77% $ 69,017.00 78.07% 2019 2 1,170 $ 103,624.00 13 $ 1,092.00 1.05% 267 $ 22,764.00 22.20% $ 79,768.00 76.98% 2019 1 1,602 $ 135,906.00 11 $ 1,150.50 0.85% 392 $ 33,303.00 24.71% $ 101,452.50 74.65% 2018 12 1,311 $ 113,135.20 13 $ 1,248.00 1.10% 299 $ 25,374.50 22.68% $ 86,512.70 76.47% 2018 11 1,452 $ 123,357.00 15 $ 1,540.50 1.25% 292 $ 24,125.00 19.80% $ 97,691.50 79.19% 2018 10 1,734 $ 146,464.50 27 $ 2,395.50 1.64% 336 $ 28,042.50 19.46% $ 116,026.50 79.22% 2018 9 868 $ 79,586.00 12 $ 1,332.50 1.67% 169 $ 14,341.00 18.33% $ 63,912.50 80.31% 2018 8 1,331 $ 114,970.00 39 $ 3,971.50 3.45% 308 $ 25,539.00 23.01% $ 85,459.50 74.33% 2018 7 1,255 $ 106,304.64 23 $ 2,051.00 1.93% 320 $ 26,494.64 25.41% $ 77,759.00 73.15% 2018 6 1,202 $ 101,941.00 12 $ 1,092.00 1.07% 282 $ 23,411.00 23.21% $ 77,438.00 75.96% 2018 5 1,800 $ 153,007.60 19 $ 1,709.50 1.12% 436 $ 36,673.50 24.24% $ 114,624.60 74.91% 2018 4 1,351 $ 116,453.14 33 $ 2,983.50 2.56% 274 $ 23,877.14 21.04% $ 89,592.50 76.93% 2018 3 878 $ 76,665.50 7 $ 611.00 0.80% 226 $ 19,515.00 25.66% $ 56,539.50 73.75% 2018 2 1,235 $ 110,253.00 8 $ 585.00 0.53% 261 $ 23,301.50 21.25% $ 86,366.50 78.33% 2018 1 1,756 $ 149,115.10 23 $ 1,515.50 1.02% 403 $ 33,362.60 22.60% $ 114,237.00 76.61% 2017 12 2,137 $ 185,351.20 21 $ 1,825.00 0.98% 421 $ 35,616.10 19.41% $ 147,910.10 79.80% 2017 11 928 $ 76,393.50 10 $ 819.00 1.07% 167 $ 13,949.50 18.46% $ 61,625.00 80.67% 2017 10 1,402 $ 115,812.00 18 $ 1,571.50 1.36% 321 $ 26,984.00 23.62% $ 87,256.50 75.34% 2017 9 1,081 $ 92,204.30 17 $ 1,325.00 1.44% 244 $ 21,023.30 23.13% $ 69,856.00 75.76% 2017 8 3,754 $ 305,886.62 39 $ 3,454.50 1.13% 366 $ 34,387.82 11.37% $ 268,044.30 87.63% 2017 7 1,241 $ 109,059.10 16 $ 1,482.00 1.36% 264 $ 22,052.50 20.50% $ 85,524.60 78.42% 2017 6 1,220 $ 109,147.50 20 $ 1,878.50 1.72% 236 $ 20,574.50 19.18% $ 86,694.50 79.43% 2017 5 1,808 $ 153,167.15 13 $ 1,052.00 0.69% 436 $ 36,075.30 23.72% $ 116,039.85 75.76% 2017 4 1,261 $ 111,900.50 21 $ 2,065.00 1.85% 268 $ 22,011.00 20.04% $ 87,824.50 78.48% 2017 3 1,042 $ 96,128.90 55 $ 5,040.85 5.24% 173 $ 14,984.85 16.45% $ 76,103.20 79.17% 2017 2 1,087 $ 99,975.10 41 $ 3,711.35 3.71% 228 $ 21,516.50 22.35% $ 74,747.25 74.77% 2017 1 1,348 $ 116,586.19 24 $ 2,194.50 1.88% 310 $ 25,561.19 22.35% $ 88,830.50 76.19% 2016 12 1,559 $ 134,250.15 60 $ 4,518.35 3.37% 387 $ 32,799.55 25.28% $ 96,932.25 72.20% 2016 11 1,457 $ 128,110.80 68 $ 6,237.50 4.87% 339 $ 29,104.50 23.88% $ 92,768.80 72.41% 2016 10 1,096 $ 97,155.09 23 $ 1,526.24 1.57% 217 $ 18,302.85 19.14% $ 77,326.00 79.59% 2016 9 1,268 $ 113,790.00 22 $ 1,650.50 1.45% 238 $ 20,579.00 18.35% $ 91,560.50 80.46% 2016 8 1,768 $ 154,559.21 29 $ 2,171.51 1.40% 398 $ 33,423.70 21.93% $ 118,964.00 76.97% 2016 7 1,747 $ 156,742.40 27 $ 1,903.80 1.21% 417 $ 35,622.10 23.01% $ 119,216.50 76.06% 2016 6 1,884 $ 157,566.50 43 $ 2,648.30 1.68% 417 $ 35,016.50 22.60% $ 119,901.70 76.10% 2016 5 1,542 $ 129,560.74 26 $ 1,554.00 1.20% 355 $ 30,176.74 23.57% $ 97,830.00 75.51% 2016 4 1,254 $ 105,569.65 27 $ 2,112.45 2.00% 306 $ 25,301.20 24.46% $ 78,156.00 74.03% 2016 3 1,884 $ 158,630.49 89 $ 4,179.01 2.63% 443 $ 40,631.35 26.31% $ 113,820.13 71.75% 2016 2 1,510 $ 125,766.73 91 $ 4,041.41 3.21% 356 $ 33,091.32 27.19% $ 88,634.00 70.47% 2016 1 2,359 $ 189,209.24 93 $ 3,345.10 1.77% 672 $ 57,696.14 31.04% $ 128,168.00 67.74% 2015 12 2,150 $ 166,130.40 41 $ 3,074.50 1.85% 630 $ 48,944.50 30.02% $ 114,111.40 68.69% 2015 11 2,142 $ 162,962.00 40 $ 3,120.00 1.91% 565 $ 41,932.00 26.23% $ 117,910.00 72.35% 2015 10 2,086 $ 158,902.40 43 $ 3,345.50 2.11% 583 $ 43,174.10 27.75% $ 112,382.80 70.72% 2015 9 1,968 $ 157,783.10 19 $ 1,200.00 0.76% 512 $ 38,969.10 24.89% $ 117,614.00 74.54% 2015 8 1,428 $ 115,423.00 24 $ 1,911.50 1.66% 313 $ 24,359.50 21.46% $ 89,152.00 77.24% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 3 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Year I Month # $ # $ % # $ % $ % 2015 7 1,746 $ 139,444.00 43 $ 3,764.00 2.70% 404 $ 31,897.50 23.51% $ 103,782.50 74.43% 2015 6 2,056 $ 165,598.80 57 $ 4,609.60 2.78% 526 $ 41,740.50 25.93% $ 119,248.70 72.01% 2015 5 1,586 $ 128,772.00 50 $ 4,372.00 3.40% 420 $ 33,113.00 26.62% $ 91,287.00 70.89% 2015 4 1,674 $ 133,947.95 44 $ 4,116.00 3.07% 433 $ 34,076.00 26.25% $ 95,755.95 71.49% 2015 3 1,498 $ 127,309.10 13 $ 902.50 0.71% 389 $ 31,815.00 25.17% $ 94,591.60 74.30% 2015 2 1,600 $ 135,419.50 38 $ 3,403.50 2.51% 449 $ 37,088.50 28.09% $ 94,927.50 70.10% 2015 1 1,665 $ 134,862.72 49 $ 3,808.00 2.82% 474 $ 38,473.72 29.36% $ 92,581.00 68.65% 2014 12 2,433 $ 197,290.20 118 $ 9,228.50 4.68% 724 $ 59,804.70 31.80% $ 128,257.00 65.01% 2014 11 1,588 $ 135,707.00 33 $ 3,406.00 2.51% 371 $ 31,901.00 24.11% $ 100,400.00 73.98% 2014 10 1,733 $ 140,788.50 35 $ 2,918.50 2.07% 404 $ 31,725.00 23.01% $ 106,145.00 75.39% 2014 9 2,405 $ 190,960.20 104 $ 8,690.50 4.55% 594 $ 44,556.20 24.45% $ 137,713.50 72.12% 2014 8 1,360 $ 112,218.25 82 $ 6,574.00 5.86% 295 $ 23,153.25 21.92% $ 82,491.00 73.51% 2014 7 2,084 $ 174,863.70 157 $ 12,729.00 7.28% 487 $ 40,696.50 25.10% $ 121,438.20 69.45% 2014 6 2,081 $ 172,509.50 118 $ 10,166.50 5.89% 527 $ 41,923.18 25.82% $ 120,419.82 69.80% 2014 5 1,928 $ 158,643.50 171 $ 14,519.00 9.15% 495 $ 39,717.50 27.56% $ 104,407.00 65.81% 2014 4 2,536 $ 209,274.50 184 $ 15,736.50 7.52% 639 $ 51,522.00 26.62% $ 142,016.00 67.86% 2014 3 973 $ 83,359.40 20 $ 1,737.50 2.08% 220 $ 18,175.00 22.27% $ 63,446.90 76.11% 2014 2 2,273 $ 188,717.90 25 $ 2,237.00 1.19% 657 $ 53,723.00 28.81% $ 132,757.90 70.35% 2014 1 1,912 $ 153,118.50 20 $ 1,997.00 1.30% 451 $ 33,988.48 22.49% $ 117,133.02 76.50% 2013 12 2,939 $ 234,564.23 30 $ 2,548.00 1.09% 640 $ 50,640.13 21.83% $ 181,376.10 77.32% 2013 11 1,103 $ 91,541.15 16 $ 1,141.80 1.25% 226 $ 17,551.90 19.42% $ 72,847.45 79.58% 2013 10 2,342 $ 186,230.50 24 $ 1,541.25 0.83% 535 $ 41,766.25 22.61% $ 142,923.00 76.75% 2013 9 1,739 $ 138,855.50 19 $ 1,378.00 0.99% 341 $ 26,370.50 19.18% $ 111,107.00 80.02% 2013 8 1,339 $ 107,778.50 11 $ 508.50 0.47% 259 $ 19,982.00 18.63% $ 87,288.00 80.99% 2013 7 2,644 $ 210,342.00 19 $ 1,530.50 0.73% 563 $ 44,219.50 21.18% $ 164,592.00 78.25% 2013 6 2,421 $ 195,552.00 22 $ 1,707.00 0.87% 532 $ 41,783.00 21.55% $ 152,062.00 77.76% 2013 5 2,529 $ 201,241.78 25 $ 1,598.53 0.79% 478 $ 36,778.75 18.42% $ 162,864.50 80.93% 2013 4 2,200 $ 173,690.45 15 $ 1,360.00 0.78% 431 $ 32,823.95 19.05% $ 139,506.50 80.32% 2013 3 901 $ 71,128.50 14 $ 1,070.00 1.50% 235 $ 17,799.50 25.41% $ 52,259.00 73.47% 2013 2 2,728 $ 229,628.93 27 $ 2,101.00 0.91% 565 $ 46,170.25 20.29% $ 181,357.68 78.98% 2013 1 1,830 $ 159,102.50 17 $ 1,401.50 0.88% 408 $ 34,351.00 21.78% $ 123,350.00 77.53% 2012 12 1,491 $ 131,171.50 20 $ 2,023.00 1.54% 292 $ 25,043.00 19.39% $ 104,105.50 79.37% 2012 11 1,920 $ 169,061.00 13 $ 1,010.50 0.60% 408 $ 35,003.00 20.83% $ 133,047.50 78.70% 2012 10 1,089 $ 95,996.50 6 $ 605.50 0.63% 180 $ 15,749.00 16.51% $ 79,642.00 82.96% 2012 9 5 $ 254.00 2 $ 45.00 17.72% 1 $ 37.50 17.94% $ 171.50 67.52% 2012 8 4,364 $ 387,805.17 248 $ 21,351.00 5.51% 931 $ 79,710.17 21.75% $ 286,744.00 73.94% 2012 7 2,156 $ 189,158.25 25 $ 2,390.00 1.26% 451 $ 39,878.25 21.35% $ 146,890.00 77.65% 2012 6 1,717 $ 142,160.00 29 $ 1,910.00 1.34% 317 $ 26,609.50 18.97% $ 113,640.50 79.94% 2012 5 2,269 $ 192,482.30 24 $ 1,720.00 0.89% 400 $ 32,359.50 16.96% $ 158,402.80 82.29% 2012 4 1,498 $ 128,194.30 23 $ 1,891.50 1.48% 290 $ 23,664.80 18.74% $ 102,638.00 80.06% 2012 3 1,658 $ 148,230.50 21 $ 2,114.50 1.43% 321 $ 26,857.60 18.38% $ 119,258.40 80.45% 2012 2 1,195 $ 109,920.50 8 $ 615.50 0.56% 257 $ 22,577.00 20.66% $ 86,728.00 78.90% 2012 1 2,012 $ 172,057.10 11 $ 807.00 0.47% 459 $ 39,553.90 23.10% $ 131,696.20 76.54% 2011 12 2,050 $ 190,508.10 24 $ 2,308.00 1.21% 405 $ 35,517.90 18.87% $ 152,682.20 80.14% 2011 11 2,608 $ 217,315.90 13 $ 1,051.00 0.48% 571 $ 45,730.30 21.15% $ 170,534.60 78.47% 2011 10 1,624 $ 138,566.70 16 $ 1,080.10 0.78% 310 $ 25,332.00 18.43% $ 112,154.60 80.94% 2011 9 1,606 $ 133,991.60 12 $ 970.50 0.72% 315 $ 24,320.60 18.28% $ 108,700.50 81.12% 2011 8 2,436 $ 202,318.60 26 $ 1,702.05 0.84% 457 $ 37,023.65 18.45% $ 163,592.90 80.86% 2011 7 1,721 $ 146,002.60 14 $ 938.70 0.64% 330 $ 26,997.80 18.61% $ 118,066.10 80.87% 2011 6 2,628 $ 222,498.10 32 $ 2,267.00 1.02% 559 $ 46,372.80 21.06% $ 173,858.30 78.14% 2011 5 2,420 $ 211,654.06 15 $ 1,015.75 0.48% 449 $ 39,695.35 18.85% $ 170,942.96 80.77% 2011 4 1,182 $ 105,753.00 13 $ 677.75 0.64% 224 $ 19,370.75 18.44% $ 85,704.50 81.04% 2011 3 2,346 $ 200,442.60 19 $ 1,298.67 0.65% 455 $ 39,777.93 19.97% $ 159,366.00 79.51% 2011 2 2,094 $ 175,931.10 17 $ 1,001.00 0.57% 495 $ 41,114.00 23.50% $ 133,816.10 76.06% 2011 1 2,034 $ 169,957.17 11 $ 638.50 0.38% 457 $ 37,320.67 22.04% $ 131,998.00 77.67% 2010 12 2,120 $ 182,551.00 15 $ 1,215.50 0.67% 501 $ 41,478.50 22.87% $ 139,857.00 76.61% 2010 11 2,849 $ 238,035.00 22 $ 1,934.00 0.81% 612 $ 49,527.50 20.98% $ 186,573.50 78.38% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 4 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Year Month # $ # $ % # $ % $ % 2010 10 2,154 $ 181,079.10 13 $ 673.00 0.37% 441 $ 34,717.10 19.24% $ 145,689.00 80.46% 2010 9 2,128 $ 184,128.08 33 $ 2,079.50 1.13% 387 $ 32,501.29 17.85% $ 149,547.29 81.22% 2010 8 2,705 $ 224,980.34 24 $ 1,910.20 0.85% 579 $ 47,772.30 21.42% $ 175,297.84 77.92% 2010 7 2,387 $ 205,788.68 20 $ 1,746.80 0.85% 457 $ 37,329.01 18.29% $ 166,712.87 81.01% 2010 6 3,053 $ 256,938.10 24 $ 1,483.50 0.58% 625 $ 48,755.89 19.09% $ 206,698.71 80.45% 2010 5 2,828 $ 210,472.20 29 $ 2,542.90 1.21% 651 $ 45,495.80 21.88% $ 162,433.50 77.18% 2010 4 2,375 $ 131,958.58 17 $ 1,079.80 0.82% 555 $ 30,234.80 23.10% $ 100,643.98 76.27% 2010 3 2,341 $ 140,458.90 21 $ 1,575.10 1.12% 518 $ 29,407.00 21.17% $ 109,476.80 77.94% 2010 2 1,472 $ 85,574.80 14 $ 740.10 0.86% 324 $ 18,746.40 22.10% $ 66,088.30 77.23% 2010 1 1,858 $ 79,688.90 19 $ 652.20 0.82% 547 $ 23,819.10 30.14% $ 55,217.60 69.29% 2009 12 357,087 $13,459,991.97 174,219 $4,188,787.15 31.12% 29,434 $1,299,231.98 14.01% $ 7,971,972.84 59.23% Total 580,700 $32,359,924.24 178,239 $4,511,704.82 13.94% 78,049 $5,297,050.67 19.02% $22,551,168.75 69.69% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 5 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Offense Year Report As of April 8,2020 Offense Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio Year # I # I % # % % UNK 41 $ 3,380.60 3 $ 210.00 6.21% 2 $ 333.00 10.50% $ 2,837.60 83.94% 2020 721 $ 72,028.50 1 $ 117.00 0.16% 5 $ 463.50 0.64% $ 71,448.00 99.19% 2019 21,360 $ 2,143,998.54 199 $ 21,489.50 1.00% 3,870 $ 382,016.18 18.00% $ 1,740,492.86 81.18% 2018 16,098 $ 1,383,634.58 228 $ 21,533.50 1.56% 3,584 $ 301,657.28 22.15% $ 1,060,443.80 76.64% 2017 16,248 $ 1,403,746.65 208 $ 17,094.00 1.22% 3,475 $ 298,293.20 21.51% $ 1,088,359.45 77.53% 2016 17,208 $ 1,502,162.88 432 $ 34,273.00 2.28% 3,847 $ 327,423.68 22.31% $ 1,140,466.20 75.92% 2015 22,449 $ 1,790,931.11 632 $ 40,995.97 2.29% 5,816 $ 466,621.01 26.67% $ 1,283,314.13 71.66% 2014 22,528 $ 1,858,271.92 1,083 $ 90,334.00 4.86% 5,739 $ 463,641.55 26.22% $ 1,304,296.37 70.19% 2013 25,830 $ 2,078,233.88 269 $ 21,371.58 1.03% 5,483 $ 429,581.13 20.89% $ 1,627,281.17 78.30% 2012 23,651 $ 2,031,596.40 461 $ 39,069.00 1.92% 4,616 $ 387,699.52 19.46% $ 1,604,827.88 78.99% 2011 23,255 $ 2,008,202.26 208 $ 15,677.52 0.78% 4,680 $ 391,830.38 19.67% $ 1,600,694.36 79.71% 2010 28,952 $ 2,334,544.15 240 $ 17,092.90 0.73% 6,202 $ 480,166.16 20.72% $ 1,837,285.09 78.70% 2009 28,962 $ 1,531,905.92 247 $ 11,224.27 0.73% 5,867 $ 302,908.20 19.92% $ 1,217,773.45 79.49% 2008 27,179 $ 1,476,937.16 246 $ 11,310.92 0.77% 4,240 $ 222,275.56 15.17% $ 1,243,350.68 84.18% 2007 24,870 $ 1,362,144.54 177 $ 9,019.44 0.66% 3,122 $ 167,076.53 12.35% $ 1,186,048.57 87.07% 2006 26,782 $ 1,499,548.05 719 $ 36,229.84 2.42% 3,138 $ 176,657.29 12.07% $ 1,286,660.92 85.80% 2005 25,942 $ 1,452,117.03 2,794 $ 161,566.90 11.13% 2,520 $ 135,933.70 10.53% $ 1,154,616.43 79.51% 2004 25,268 $ 1,421,526.16 1,239 $ 69,174.99 4.87% 2,354 $ 125,477.83 9.28% $ 1,226,873.34 86.31% 2003 28,112 $ 971,971.15 522 $ 16,809.29 1.73% 2,631 $ 83,910.01 8.78% $ 871,251.85 89.64% 2002 26,292 $ 619,543.00 25,166 $ 594,140.50 95.90% 1,118 $ 25,004.50 98.43% $ 398.00 0.06% 2001 25,939 $ 617,006.60 24,838 $ 591,503.50 95.87% 1,091 $ 24,859.50 97.48% $ 643.60 0.10% 2000 28,458 $ 670,563.89 27,298 $ 643,857.59 96.02% 1,150 $ 26,363.80 98.72% $ 342.50 0.05% 1999 28,732 $ 655,741.60 27,648 $ 631,923.11 96.37% 1,080 $ 23,696.49 99.49% $ 122.00 0.02% 1998 27,021 $ 616,409.80 25,987 $ 593,542.50 96.29% 1,029 $ 22,739.30 99.44% $ 128.00 0.02% 1997 32,717 $ 736,730.87 31,565 $ 711,112.00 96.52% 1,151 $ 25,598.87 99.92% $ 20.00 1996 5,918 $ 112,167.50 5,688 $ 107,656.50 95.98% 229 $ 4,491.00 99.56% $ 20.00 0.02% 1995 45 $ 1,052.00 44 $ 1,035.00 98.38% 1 $ 17.00 100.00% 1994 57 $ 1,206.00 54 $ 1,149.00 95.27% 3 $ 57.00 100.00% 1993 2 $ 60.00 2 $ 60.00 100.00% 1992 1 $ 17.00 1 $ 17.00 100.00% 1991 4 $ 377.00 $ 377.00 100.00% 1990 40 $ 1,091.00 37 $ 1,014.00 92.94% 3 $ 77.00 100.00% 1989 2 $ 34.00 2 $ 34.00 100.00% 1988 1 $ 78.00 1 $ 78.00 100.00% 1981 2 $ 143.00 1 $ 65.00 45.45% $ 78.00 54.55% 1977 2 $ 143.00 $ 143.00 100.00% 1972 1 $ 65.00 $ 65.00 100.00% 1971 2 $ 143.00 $ 143.00 100.00% 1969 1 $ 27.00 $ 27.00 100.00% 1966 2 $ 136.50 $ 136.50 100.00% 1961 2 $ 144.50 1 $ 66.50 46.02% $ 78.00 53.98% 1959 1 $ 60.00 $ 60.00 100.00% 1951 2 $ 102.50 1 $ 37.50 36.59% $ 65.00 63.41% Total 580,700 $32,359,924.24 178,239 $4,511,704.82 13.94% 78,049 $5,297,050.67 19.02% $22,551,168.75 69.69% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 6 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 Status of Open Accounts Status Count Amount ACT-Active Account 275,664 $19,942,499 ATT-Attorney Contact Only 128 $8,771 BKR- Bankruptcy 129 $8,174 BSW- Bankruptcy Stop Work 83 $5,204 CAD - Cease And Desist Demand 53 $3,814 DCN - Debtor Contact No Results 1 $163 DEC - Deceased No Estate Or Beyond Claim 1,471 $95,631 DIS - Disputed 3,852 $273,686 EXC - Exclusion 26 $1,731 HDS - Medical Hardship 2 $338 INC - Incarcerated 301 $21,384 MAL- Mail Only 27 $2,114 PRM - Promise Payment 277 $25,535 FTC- Paid To Client 2 $65 REF- Refuse To Pay 1,585 $105,409 SKP - Skip Tracing for Phone 22,906 $1,184,138 SWC - Stop Work Per Client 17,330 $826,679 SWF - Stop Work Per Firm 84 $7,254 UNC- Uncollectible Commercial 249 $14,266 Total 324,170 $22,526,SS4 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 7 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 Monthly Collection Activity Last 24 Months Year Month letters Address/Phone Phone Activity Dollars Mailed Updated Inbound Outbound Collected 2020 March 6,772 2,138 2,802 4,344 $113,687 February 100,244 9,375 3,994 5,486 $86,076 7anuary 4,445 1,784 193 6,450 $51,747 2019 December 2,565 1,644 1,075 5,801 $42,132 November 3,538 1,554 433 7,124 $42,654 October 6,965 1,724 1,506 8,053 $83,814 September 50,484 6,779 2,795 7,487 $39,676 August 3,227 1,178 1,088 9,910 $36,163 7uly 4,092 1,498 1,008 19,335 $43,333 Tune 2,753 1,094 544 19,728 $25,919 May 2,863 1,094 220 18,600 $28,979 April 2,354 1,056 423 16,743 $26,029 March 2,080 1,443 240 16,280 $32,904 February 2,403 1,098 2,875 20,276 $23,972 7anuary 2,887 1,142 528 19,657 $24,832 2018 December 2,296 1,168 3,205 17,504 $17,528 November 2,677 1,216 300 24,746 $16,155 October 2,499 1,642 340 24,667 $19,977 September 1,477 4,713 404 15,783 $26,104 August 1,868 156 1,368 18,516 $29,310 7uly 2,537 1,511 779 14,980 $23,785 Tune 2,217 1,195 640 12,177 $24,955 May 2,532 1,117 650 12,163 $25,500 April 2,019 1,110 1,560 10,921 $25,563 March 1,857 8,554 1,153 17,527 $33,682 Total* 219,6S1 S6,983 30,123 3S4,2S8 $944,474 *Total Amounts noted represent the last 24 months&not contract to date. LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 8 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 Portfolio Analysis Outstanding Placements Accounts Dollars Acct. Pct. Dollar Pct. Average Balance ALL ACCOUNTS 324,170 $22,526,854.22 100.00% 100.00% $69.49 ADDRESSES No Mailing Address 26,993 $1,526,427.10 8.33% 6.78% $56.55 Returned Mail 60,921 $4,479,902.33 18.79% 19.89% $73.54 Good Address 236,256 $16,520,524.79 72.88% 73.34% $69.93 OFFENSE AGE One Year or Less 13,923 $1,415,267.86 4.29% 6.28% $101.65 1-2 Years 12,860 $1,152,973.70 3.97% 5.12% $89.66 2-3 Years 12,543 $1,077,823.70 3.87% 4.78% $85.93 +3 Years 284,844 $18,880,788.96 87.87% 83.81% $66.28 PLACEMENT AGE One Year or Less 17,504 $1,762,437.86 5.40% 7.82% $100.69 1-2 Years 12,431 $1,076,824.80 3.83% 4.78% $86.62 2-3 Years 14,878 $1,268,278.85 4.59% 5.63% $85.25 +3 Years 279,357 $18,419,312.71 86.18% 81.77% $65.93 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 9 FORT WORTH, TX MUNICIPAL COURT- PARKING March 2020 Offense Age of Placements Last 13 Months PRIOR 2014 2015 2016 2017 2018 2019 2020 Total placements March 1 - - - - - 1,094 363 1,458 2020 0.07% 75.03% 24.90% February 1 - - - - - 1,518 - 1,519 2020 0.07% 99.93% January - - - 1 - 1 1,988 - 1,990 2020 0.05% 0.05% 99.90% December 1 - - - 1 2 1,989 - 1,993 2019 0.05% 0.05% 0.10% 99.80% November - - - 2 - - 1,806 - 1,808 2019 0.11% 99.89% October 1 - - - - - 2,168 - 2,169 2019 0.05% 99.95% September - - - - - 2 1,475 - 1,477 2019 0.14% 99.86% August - - - - - - 1,792 - 1,792 2019 100.00% July - - - - - 2 2,353 - 2,355 2019 0.08% 99.92% June - - - - 1 1 1,723 - 1,725 2019 0.06% 0.06% 99.88% May - - - 1 - 3 1,750 - 1,754 2019 0.06% 0.17% 99.77% April 5 - - - 1 14 1,599 - 1,619 2019 0.31% 0.06% 0.86% 98.76% March - - - - 2 897 91 - 990 2019 1 0.20% 90.61% 9.19% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 10 LINEBARGER 430 ATTORNEYS AT LAW City of Fort Worth Criminal Fees & Fines Collection Reports October 1, 2019 - March 31, 2020 Corey Fickes Capital Partner 817-317-9556 Marisela Navarro Court Services Manager 817-317-9519 Linebarger Goggan Blair&Sampson, LLP 100 Throckmorton Suite 300, Fort Worth,TX 76102 Proprietary and Confidential Information Linebarger Goggan Blair & Sampson, UP considers the information contained in these documents to be proprietary,confidential,trade secrets of the firm. We respectfully request that no copies of this information be made and/or distributed without the prior written consent of the firm. FORT WORTH, TX MUNICIPAL COURT-CRIMINAL March 2020 City of Fort Worth Criminal Fees and Fines Report October 1, 2019 to March 31, 2020 Collection Activity Summary Last 30 Days* YTD** Total Dollars Collected $467,215 $1,985,146 All Letters Mailed 4,311 126,757 Dollar Amount of Mailed Letters $3,647,784 $115,804,074 All Phone Call Activity- Incoming 520 3,108 Outgoing 44,769 324,224 Collection Disposition Summary-Last 30 Days* Amount Value Accounts Placed 2,855 $1,031,605 Accounts Collected 5,380 $467,215 Accounts Cancelled 4,762 $1,728,409 Accounts Resolved 1 10,1421 $2,195,624 Collection Disposition Summary-Year to Date** Amount Value Accounts Placed 20,835 $7,110,959 Accounts Collected 26,728 $1,985,146 Accounts Cancelled 22,400 $8,293,604 Accounts Resolved 1 49,1281 $10,278,750 Collection Disposition Summary-Contract to Date Amount Value Accounts Placed 1,835,279 $583,344,386 Accounts Collected 268,035 $75,396,416 Accounts Cancelled 1,235,309 $338,231,919 Accounts Resolved 1,503,3441 $413,628,335 Dollar Resolution Rate 77.9% All numbers from LGB&S,LLP history *From 03/01/20-03/31/20 **From 10/01/19-03/31/20 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 1 FORT WORTH,TX MUNICIPAL COURT-CRIMINAL March 2020 City of Fort Worth Criminal Fees and Fines Report Collection Activity As of March 31,2020 Accounts Original Cancelled Adjusted Year Month Collections Placed Placement$ Amount Amount March 2,855 $1,031,605 $1,728,409 ($349,374) $467,215 February 2,952 $1,066,592 $1,572,231 ($769,428) $418,719 January 4,470 $1,456,280 $1,444,266 $157,314 $290,600 December 4,036 $1,336,006 $1,167,041 $153,385 $227,532 November 3,495 $1,186,675 $1,109,654 $62,906 $240,064 October 3,027 $1,033,801 $1,272,003 $17,441 $341,016 2019-2020 Summary 20,835 $7,110,959 $8,293,604 ($727,756) $1,985,146 September 4,337 $1,551,081 $1,335,871 $77,020 $292,858 August 3,308 $1,098,861 $1,267,365 $7,299 $307,226 July 4,209 $1,384,294 $1,277,200 $8,863 $358,278 June 3,002 $1,015,397 $1,169,601 $5,230 $338,416 May 2,006 $774,670 $1,672,691 $98,817 $413,245 April 2,938 $1,041,621 $1,654,965 $65,939 $442,837 March 6,071 $2,023,434 $1,870,746 ($540,613) $667,783 February 6,737 $2,351,016 $1,856,227 ($792,031) $518,546 January 6,902 $2,445,373 $1,298,159 $93,501 $369,416 December 5,107 $1,873,831 $1,584,799 $110,234 $336,922 November 3,943 $1,461,229 $1,484,233 $78,081 $403,213 October 3,928 $1,514,026 $1,318,794 $119,810 $421,663 2018-2019 Summary 52,488 $18,534,833 $17,790,651 ($667,850) $4,870,403 2017-2018 Summary 44,938 $17,221,029 $28,133,451 ($14,284,823) $6,268,070 2016-2017 Summary 50,514 $19,040,375 $34,519,699 $1,177,177 $8,058,207 2015-2016 Summary 73,889 $27,807,320 $59,159,023 $4,589,663 $8,063,524 2014-2015 Summary 95,411 $35,359,930 $43,883,544 $10,387,384 $8,436,190 2013-2014 Summary 99,928 $33,657,001 $28,499,311 $5,779,482 $7,514,386 2012-2013 Summary 114,569 $39,671,501 $122,012,524 ($25,610,728) $9,305,225 2011-2012 Summary 152,180 $50,633,980 $37,718 ($16,684,720) $11,525,807 2010-2011 Summary 476,543 $147,054,899 $36,572 $433,425 $6,679,382 2009-2010 Summary 651,562 $186,281,749 $7,401 ($1,420,874) $1,291,478 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 2 FORT WORTH,TX MUNICIPAL COURT-CRIMINAL March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio Total [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Resolved Year # $ # $ % # $ % $ % % 2020 10,474 3,675,943 61 20,044 0.55% 133 44,453 1.22% 3,611,446 98.25% 1.75% 2019 50,018 17,838,341 3,301 1,111,386 6.23% 2,319 787,985 4.71% 15,938,970 89.35% 10.65% 2018 45,454 17,763,126 6,374 2,475,368 13.94% 3,573 1,298,930 8.50% 13,988,829 78.75% 21.25% 2017 48,701 18,342,481 10,796 4,173,201 22.75% 6,259 2,297,273 16.21% 11,872,006 64.72% 35.28% 2016 70,118 27,033,347 22,655 9,302,380 33.67% 11,584 4,254,954 23.73% 13,676,014 50.59% 49.41% 2015 87,423 33,623,546 40,481 15,979,051 47.52% 13,386 5,026,070 28.49% 12,618,424 37.53% 62.47% 2014 95,301 36,123,518 43,656 17,409,718 48.19% 16,067 5,914,587 31.61% 12,799,213 35.43% 64.57% 2013 300,463 38,553,168 57,677 23,304,590 60.45% 18,295 6,541,375 42.90% 8,707,203 22.58% 77.42% 2012 130,295 48,448,513 78,323 30,558,625 63.07% 25,466 8,862,060 49.54% 9y027y827 18.63% 81.37% 2011 181,345 66,131,390 309,589 41,560,956 62.85% 36,064 12,495,114 50.85% 12y075y320 18.26% 81.74% 2010 989,975 310,721,189 777,573 241,033,207 77.57% 119,176 38,882,440 55.80% 30,805,541 9.91% 90.09% LGBS,LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 3 FORT WORTH,TX MUNICIPAL COURT-CRIMINAL March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Year Month q $ #f $ % #f $ % $ % 2020 4 201 $ 73,130.72 $ 73,130.72 100.00% 2020 3 2,854 $ 1,035,109.88 1 $ 288.60 0.03% 5 $ 1,679.63 0.16% $ 1,033,141.65 99.81% 2020 2 2,952 $ 1,055,923.15 11 $ 4,190.42 0.40% 41 $ 14,928.44 1.42% $ 1,036,804.29 98.19% 2020 1 4,467 $ 1,511,778.80 49 $ 15,564.49 1.03% 87 $ 27,844.51 1.86% $ 1,468,369.80 97.13% 2019 12 4,036 $ 1,379,462.86 64 $ 21,615.25 1.57% 103 $ 32,053.47 2.36% $ 1,325,794.14 96.11% 2019 11 3,493 $ 1,220,522.37 93 $ 34,716.56 2.84% 95 $ 33,010.93 2.78% $ 1,152,794.88 94.45% 2019 10 3,013 $ 1,055,754.00 109 $ 37,620.20 3.56% 108 $ 35,516.51 3.49% $ 982,617.29 93.07% 2019 9 4,336 $ 1,597,353.43 177 $ 64,118.93 4.01% 132 $ 45,388.03 2.96% $ 1,487,846.47 93.14% 2019 8 3,308 $ 1,134,470.85 172 $ 58,680.14 5.17% 118 $ 37,239.97 3.46% $ 1,038,550.74 91.54% 2019 7 4,202 $ 1,428,750.25 202 $ 64,300.49 4.50% 170 $ 59,182.74 4.34% $ 1,305,267.02 91.36% 2019 6 3,002 $ 1,023,017.53 160 $ 55,007.52 5.38% 140 $ 47,339.72 4.89% $ 920,670.29 90.00% 2019 5 2,003 $ 786,775.63 146 $ 60,488.74 7.69% 115 $ 38,298.34 5.27% $ 687,988.55 87.44% 2019 4 2,935 $ 1,099,978.38 219 $ 78,617.43 7.15% 161 $ 60,673.69 5.94% $ 960,687.26 87.34% 2019 3 6,067 $ 2,174,831.50 528 $ 184,002.85 8.46% 336 $ 118,316.54 5.94% $ 1,872,512.11 86.10% 2019 2 6,726 $ 2,428,265.74 572 $ 212,568.53 8.75% 442 $ 143,247.86 6.47% $ 2,072,449.35 85.35% 2019 1 6,897 $ 2,509,158.75 659 $ 239,649.44 9.55% 399 $ 137,717.23 6.07% $ 2,131,792.08 84.96% 2018 12 5,103 $ 1,881,438.03 522 $ 203,449.27 10.81% 401 $ 137,949.44 8.22% $ 1,540,039.32 81.85% 2018 11 3,938 $ 1,472,935.48 440 $ 160,809.32 10.92% 323 $ 110,274.36 8.40% $ 1,201,851.80 81.60% 2018 10 3,920 $ 1,517,151.82 531 $ 212,656.64 14.02% 343 $ 119,203.83 9.14% $ 1,185,291.35 78.13% 2018 9 2,288 $ 848,436.33 257 $ 99,356.31 11.71% 185 $ 69,239.74 9.24% $ 679,840.28 80.13% 2018 8 5,236 $ 1,923,732.82 734 $ 272,107.79 14.14% 379 $ 134,789.92 8.16% $ 1,516,835.11 78.85% 2018 7 5,249 $ 1,908,863.78 780 $ 291,942.56 15.29% 379 $ 140,183.03 8.67% $ 1,476,738.19 77.36% 2018 6 3,501 $ 1,288,605.85 544 $ 207,393.28 16.09% 275 $ 99,524.99 9.20% $ 981,687.58 76.18% 2018 5 6,268 $ 2,239,387.98 959 $ 349,483.73 15.61% 503 $ 188,825.16 9.99% $ 1,701,079.09 75.96% 2018 4 3,579 $ 1,393,170.06 642 $ 253,139.33 18.17% 338 $ 121,253.31 10.64% $ 1,018,777.42 73.13% 2018 3 3,687 $ 2,141,210.39 441 $ 203,119.75 9.49% 147 $ 64,763.38 3.34% $ 1,873,327.26 87.49% 2018 2 1,429 $ 616,296.32 322 $ 134,347.62 21.80% 173 $ 64,928.69 13.47% $ 417,020.01 67.67% 2018 1 1,256 $ 531,897.62 202 $ 87,562.59 16.46% 127 $ 47,993.85 10.80% $ 396,341.18 74.51% 2017 12 6,453 $ 2,347,011.01 1,170 $ 437,290.26 18.63% 783 $ 282,040.76 14.77% $ 1,627,679.99 69.35% 2017 11 2,298 $ 863,101.06 421 $ 163,645.94 18.96% 274 $ 97,068.87 13.88% $ 602,386.25 69.79% 2017 10 3,504 $ 1,324,874.30 625 $ 240,890.81 18.18% 486 $ 173,864.94 16.04% $ 910,118.55 68.69% 2017 9 4,226 $ 1,562,693.76 812 $ 308,022.46 19.71% 512 $ 190,321.43 15.17% $ 1,064,349.87 68.11% 2017 8 4,957 $ 1,847,114.37 1,036 $ 392,579.27 21.25% 632 $ 233,222.89 16.03% $ 1,221,312.21 66.12% 2017 7 5,530 $ 2,020,074.77 1,346 $ 490,504.70 24.28% 817 $ 290,970.40 19.02% $ 1,238,599.67 61.31% 2017 6 3,207 $ 1,221,729.51 765 $ 300,691.30 24.61% 374 $ 134,279.56 14.58% $ 786,758.65 64.40% 2017 5 3,568 $ 1,354,564.31 773 $ 305,938.37 22.59% 424 $ 159,091.72 15.17% $ 889,534.22 65.67% 2017 4 2,827 $ 1,097,010.54 579 $ 238,664.11 21.76% 388 $ 140,551.79 16.37% $ 717,794.64 65.43% 2017 3 3,564 $ 1,385,479.68 896 $ 354,552.85 25.59% 476 $ 183,702.24 17.82% $ 847,224.59 61.15% 2017 2 3,919 $ 1,517,005.95 1,028 $ 408,797.84 26.95% 554 $ 208,231.01 18.79% $ 899,977.10 59.33% 2017 1 4,648 $ 1,801,821.38 1,345 $ 531,623.02 29.50% 539 $ 203,927.86 16.05% $ 1,066,270.50 59.18% 2016 12 4,254 $ 1,667,531.10 1,232 $ 500,566.92 30.02% 598 $ 220,180.29 18.87% $ 946,783.89 56.78% 2016 11 4,776 $ 1,837,498.80 1,423 $ 570,424.53 31.04% 740 $ 269,826.96 21.30% $ 997,247.31 54.27% 2016 10 4,830 $ 1,863,316.60 1,442 $ 574,572.55 30.84% 738 $ 276,866.88 21.48% $ 1,011,877.17 54.31% 2016 9 4,763 $ 1,837,440.68 1,386 $ 565,113.62 30.76% 753 $ 283,709.71 22.30% $ 988,617.35 53.80% 2016 8 6,622 $ 2,560,753.69 1,997 $ 806,368.14 31.49% 1,102 $ 400,212.73 22.81% $ 1,354,172.82 52.88% 2016 7 5,967 $ 2,275,951.58 1,873 $ 727,243.72 31.95% 954 $ 358,721.74 23.16% $ 1,189,986.12 52.29% 2016 6 10,037 $ 3,816,391.08 3,964 $ 1,577,563.35 41.34% 1,574 $ 561,112.93 25.06% $ 1,677,714.80 43.96% 2016 5 4,996 $ 1,941,797.38 1,611 $ 657,689.40 33.87% 781 $ 289,671.73 22.56% $ 994,436.25 51.21% 2016 4 4,516 $ 1,751,266.92 1,484 $ 605,556.46 34.58% 806 $ 296,019.43 25.84% $ 849,691.03 48.52% 2016 3 5,298 $ 2,088,110.08 1,760 $ 723,923.11 34.67% 890 $ 325,290.46 23.85% $ 1,038,896.51 49.75% 2016 2 7,407 $ 2,818,642.54 2,335 $ 928,522.56 32.94% 1,363 $ 497,179.65 26.30% $ 1,392,940.33 49.42% 2016 1 6,652 $ 2,574,646.82 2,148 $ 864,835.25 33.59% 1,285 $ 476,161.15 27.85% $ 1,233,650.42 47.92% 2015 12 5,871 $ 2,236,681.06 1,976 $ 804,000.78 35.95% 1,122 $ 414,087.10 28.90% $ 1,018,593.18 45.54% 2015 11 5,146 $ 2,007,927.73 1,883 $ 773,630.39 38.53% 880 $ 329,015.77 26.66% $ 905,281.57 45.09% 2015 10 6,218 $ 2,419,805.86 2,518 $ 1,007,544.19 41.64% 1,074 $ 397,298.64 28.13% $ 1,014,963.03 41.94% 2015 9 6,429 $ 2,534,253.16 2,527 $ 1,038,437.72 40.98% 1,048 $ 404,061.02 27.01% $ 1,091,754.42 43.08% 2015 8 7,590 $ 3,002,369.56 3,082 $ 1,283,333.25 42.74% 1,288 $ 475,420.80 27.66% $ 1,243,615.51 41.42% 2015 7 7,338 $ 2,816,543.95 2,849 $ 1,153,173.68 40.94% 1,234 $ 450,033.68 27.06% $ 1,213,336.59 43.08% 2015 6 7,378 $ 2,858,654.21 2,971 $ 1,220,214.46 42.68% 1,185 $ 428,305.31 26.14% $ 1,210,134.44 42.33% 2015 5 13,718 $ 5,106,507.10 10,473 $ 3,888,524.03 76.15% 1,184 $ 429,782.12 35.29% $ 788,200.95 15.44% 2015 4 8,053 $ 3,059,798.82 4,770 $ 1,825,785.60 59.67% 997 $ 376,028.47 30.47% $ 857,984.75 28.04% 2015 3 6,637 $ 2,574,869.96 2,644 $ 1,054,500.69 40.95% 1,050 $ 426,436.27 28.05% $ 1,093,933.00 42.48% 2015 2 6,462 $ 2,423,241.17 2,346 $ 921,455.42 38.03% 1,147 $ 443,920.98 29.56% $ 1,057,864.77 43.65% LGBS,LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 4 FORT WORTH,TX MUNICIPAL COURT-CRIMINAL March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Placement Date Report As of April 8,2020 Placed Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned Year Month q $ #f $ % #f $ % $ % 2015 1 6,583 $ 2,582,893.29 2,442 $ 1,008,450.83 39.04% 1,177 $ 451,680.20 28.69% $ 1,122,762.26 43.47% 2014 12 12,401 $ 4,707,798.97 5,537 $ 2,173,603.15 46.17% 1,962 $ 749,617.53 29.58% $ 1,784,578.29 37.91% 2014 11 7,108 $ 2,782,145.18 2,833 $ 1,175,521.74 42.25% 1,236 $ 468,057.67 29.13% $ 1,138,565.77 40.92% 2014 10 4,943 $ 1,956,136.87 2,355 $ 966,667.46 49.42% 831 $ 326,824.61 33.03% $ 662,644.80 33.88% 2014 9 7,760 $ 2,988,607.75 3,302 $ 1,314,238.44 43.97% 1,274 $ 496,172.06 29.63% $ 1,178,197.25 39.42% 2014 8 7,189 $ 2,798,070.24 3,614 $ 1,461,051.38 52.22% 956 $ 374,520.61 28.01% $ 962,498.25 34.40% 2014 7 7,510 $ 2,904,457.01 3,493 $ 1,419,983.82 48.89% 1,161 $ 444,385.56 29.94% $ 1,040,087.63 35.81% 2014 6 5,677 $ 2,239,967.82 2,714 $ 1,107,752.60 49.45% 881 $ 343,723.90 30.36% $ 788,491.32 35.20% 2014 5 7,387 $ 2,706,184.83 3,203 $ 1,236,381.09 45.69% 1,442 $ 500,461.48 34.05% $ 969,342.26 35.82% 2014 4 6,297 $ 2,404,531.81 3,404 $ 1,387,535.86 57.71% 1,076 $ 365,834.55 35.97% $ 651,161.40 27.08% 2014 3 7,498 $ 2,845,621.92 3,543 $ 1,424,637.09 50.06% 1,268 $ 454,689.76 32.00% $ 966,295.07 33.96% 2014 2 10,573 $ 3,868,603.82 4,776 $ 1,856,879.89 48.00% 1,983 $ 698,341.15 34.71% $ 1,313,382.78 33.95% 2014 1 10,758 $ 3,921,391.99 4,882 $ 1,885,465.83 48.08% 1,997 $ 691,958.14 33.99% $ 1,343,968.02 34.27% 2013 12 12,026 $ 4,425,435.50 5,876 $ 2,252,856.77 50.91% 2,107 $ 742,939.32 34.20% $ 1,429,639.41 32.31% 2013 11 6,655 $ 2,583,936.04 3,063 $ 1,274,163.42 49.31% 1,254 $ 450,328.92 34.38% $ 859,443.70 33.26% 2013 10 9,712 $ 3,736,857.50 4,857 $ 1,983,744.53 53.09% 1,715 $ 618,944.77 35.31% $ 1,134,168.20 30.35% 2013 9 10,170 $ 3,935,393.01 6,081 $ 2,442,789.39 62.07% 1,724 $ 628,395.37 42.10% $ 864,208.25 21.96% 2013 8 3,443 $ 1,384,750.88 2,109 $ 885,923.14 63.98% 562 $ 210,221.74 42.14% $ 288,606.00 20.84% 2013 7 8,369 $ 3,177,948.53 5,254 $ 2,075,526.06 65.31% 1,531 $ 551,891.45 50.06% $ 550,531.02 17.32% 2013 6 8,815 $ 3,380,736.56 5,514 $ 2,212,342.62 65.44% 1,556 $ 565,357.69 48.39% $ 603,036.25 17.84% 2013 5 5,498 $ 2,223,043.07 3,461 $ 1,471,948.88 66.21% 864 $ 322,703.24 42.96% $ 428,390.95 19.27% 2013 4 6,911 $ 2,634,647.07 4,081 $ 1,635,946.93 62.09% 1,306 $ 463,131.34 46.37% $ 535,568.80 20.33% 2013 3 6,803 $ 2,630,394.98 4,001 $ 1,645,978.31 62.58% 1,332 $ 476,389.52 48.39% $ 508,027.15 19.31% 2013 2 8,072 $ 3,068,666.12 4,652 $ 1,872,426.61 61.02% 1,630 $ 581,323.27 48.60% $ 614,916.24 20.04% 2013 1 13,989 $ 5,371,358.39 8,728 $ 3,550,943.35 66.11% 2,714 $ 929,748.06 51.07% $ 890,666.98 16.58% 2012 12 14,098 $ 5,394,704.30 9,577 $ 3,825,701.93 70.92% 2,262 $ 791,467.00 50.44% $ 777,535.37 14.41% 2012 11 7,892 $ 2,950,268.03 4,013 $ 1,586,912.93 53.79% 1,655 $ 601,200.83 44.10% $ 762,154.27 25.83% 2012 10 10,836 $ 4,099,300.29 5,950 $ 2,396,440.98 58.46% 2,185 $ 784,455.20 46.07% $ 918,404.11 22.40% 2012 9 30,969 $ 11,026,045.47 22,908 $ 8,458,581.76 76.71% 5,275 $ 1,646,798.54 64.14% $ 920,665.07 8.35% 2012 8 10,042 $ 3,753,042.97 5,694 $ 2,242,770.42 59.76% 2,110 $ 737,885.69 48.86% $ 772,386.86 20.58% 2012 7 8,558 $ 3,175,151.46 4,649 $ 1,799,075.90 56.66% 1,766 $ 634,521.74 46.11% $ 741,553.82 23.35% 2012 6 8,059 $ 3,041,010.34 4,571 $ 1,822,616.85 59.93% 1,587 $ 574,188.68 47.13% $ 644,204.81 21.18% 2012 5 6,338 $ 2,396,131.01 3,408 $ 1,357,712.49 56.66% 1,249 $ 452,488.60 43.57% $ 585,929.92 24.45% 2012 4 5,791 $ 2,177,784.14 3,189 $ 1,269,098.78 58.27% 1,167 $ 424,288.69 46.69% $ 484,396.67 22.24% 2012 3 8,246 $ 3,121,408.05 4,461 $ 1,791,838.51 57.40% 1,732 $ 628,634.73 47.28% $ 700,934.81 22.46% 2012 2 7,473 $ 2,815,144.28 3,871 $ 1,558,787.09 55.37% 1,616 $ 587,729.95 46.78% $ 668,627.24 23.75% 2012 1 11,993 $ 4,498,522.22 6,032 $ 2,449,087.71 54.44% 2,862 $ 998,400.43 48.72% $ 1,051,034.08 23.36% 2011 12 9,816 $ 3,693,557.23 5,122 $ 2,078,793.66 56.28% 2,335 $ 811,491.22 50.25% $ 803,272.35 21.75% 2011 11 9,293 $ 3,531,077.96 5,022 $ 2,042,351.04 57.84% 2,076 $ 735,797.90 49.42% $ 752,929.02 21.32% 2011 10 10,444 $ 3,931,468.17 5,386 $ 2,173,959.19 55.30% 2,608 $ 916,519.51 52.15% $ 840,989.47 21.39% 2011 9 11,095 $ 4,098,395.58 5,929 $ 2,351,501.17 57.38% 2,610 $ 886,943.66 50.77% $ 859,950.75 20.98% 2011 8 10,365 $ 3,940,308.64 5,556 $ 2,262,498.43 57.42% 2,284 $ 807,182.31 48.11% $ 870,627.90 22.10% 2011 7 10,032 $ 3,874,211.27 5,412 $ 2,246,352.18 57.98% 2,179 $ 794,054.77 48.78% $ 833,804.32 21.52% 2011 6 10,092 $ 3,822,278.20 5,447 $ 2,201,160.30 57.59% 2,104 $ 767,847.43 47.37% $ 853,270.47 22.32% 2011 5 17,420 $ 6,769,676.91 10,794 $ 4,386,339.28 64.79% 3,026 $ 1,121,432.25 47.05% $ 1,261,905.38 18.64% 2011 4 34,268 $ 11,084,709.29 25,984 $ 8,313,687.83 75.00% 3,837 $ 1,292,227.95 46.63% $ 1,478,793.51 13.34% 2011 3 15,646 $ 5,589,610.08 7,967 $ 3,144,556.43 56.26% 4,606 $ 1,419,532.73 58.06% $ 1,025,520.92 18.35% 2011 2 16,046 $ 5,995,686.03 9,428 $ 3,719,695.04 62.04% 3,700 $ 1,289,916.15 56.67% $ 986,074.74 16.45% 2011 1 26,828 $ 9,800,410.51 17,542 $ 6,640,061.92 67.75% 4,699 $ 1,652,167.70 52.28% $ 1,508,180.79 15.39% 2010 12 51,023 $ 16,636,856.62 39,159 $ 12,648,683.14 76.03% 6,472 $ 2,184,344.08 54.77% $ 1,803,828.38 10.84% 2010 11 148,969 $ 47,822,708.86 110,887 $ 36,164,506.06 75.62% 18,438 $ 5,524,662.11 47.39% $ 6,133,540.69 12.83% 2010 10 19,337 $ 6,942,205.69 11,743 $ 4,401,980.71 63.41% 4,059 $ 1,366,852.43 53.81% $ 1,173,372.55 16.90% 2010 9 17,515 $ 6,710,018.72 10,055 $ 4,133,377.08 61.60% 4,130 $ 1,438,008.90 55.81% $ 1,138,632.74 16.97% 2010 8 24,555 $ 9,008,040.29 14,395 $ 5,568,505.44 61.82% 5,655 $ 1,924,468.64 55.95% $ 1,515,066.21 16.82% 2010 7 91,623 $ 24,791,933.02 84,752 $ 22,874,951.03 92.27% 5,241 $ 1,364,418.99 71.18% $ 552,562.99 2.23% 2010 6 170,629 $ 50,041,194.16 147,418 $ 42,714,959.33 85.36% 15,058 $ 4,700,637.89 64.16% $ 2,625,596.94 5.25% 2010 5 2,101 $ 846,419.57 1,607 $ 664,368.89 78.49% 386 $ 140,044.98 76.93% $ 42,005.70 4.96% 2010 4 256,049 $ 71,989,676.49 230,426 $ 63,660,856.44 88.43% 18,974 $ 6,091,695.90 73.14% $ 2,237,124.15 3.11% 1 $ 335.56 $ 25.00 7.45% $ 310.56 92.55% Total 1,601,194 $542,322,761.37 1,023,155 $338,527,507.66 62.42% 211,559 $72,257,959.09 35.46% $131,537,293.29 24.25% LGBS,LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 5 FORT WORTH,TX MUNICIPAL COURT-CRIMINAL March 2020 CITY OF FORT WORTH MUNICIPAL COURT Collections by Offense Year Report As of April 8,2020 Offense Assigned Amounts Cancelled Amounts Amount Collected* Remaining Portfolio Year [Net of Adjustments] %=Cancelled/Assigned %=Collected/(Assigned-Cancelled) %=Remaining/Assigned # F $ # $ 1 % # $ % $ 1 % UNK 7 $ 3,169.40 1 $ 512.20 16.16% 2 $ 872.30 32.83% $ 1,784.90 56.32% 2019 30,497 $ 10,503,888.64 813 $ 268,544.09 2.56% 843 $ 279,284.92 2.73% $ 9,956,059.63 94.78% 2018 45,208 $ 16,602,047.41 4,197 $ 1,531,156.93 9.22% 3,124 $ 1,084,637.22 7.20% $ 13,986,253.26 84.24% 2017 51,729 $ 19,355,737.75 8,853 $ 3,373,551.21 17.43% 5,455 $ 1,983,484.67 12.41% $ 13,998,701.87 72.32% 2016 51,674 $ 20,101,360.77 13,101 $ 5,279,218.01 26.26% 7,422 $ 2,783,803.46 18.78% $ 12,038,339.30 59.89% 2015 63,774 $ 24,915,091.75 19,872 $ 8,114,672.48 32.57% 10,980 $ 4,128,264.55 24.57% $ 12,672,154.72 50.86% 2014 77,619 $ 30,021,979.17 27,839 $ 11,263,611.36 37.52% 13,361 $ 5,116,442.03 27.28% $ 13,641,925.78 45.44% 2013 84,206 $ 31,314,589.54 38,528 $ 15,014,853.15 47.95% 15,325 $ 5,416,184.66 33.23% $ 10,883,551.73 34.76% 2012 90,501 $ 34,190,800.43 49,887 $ 19,957,976.29 58.37% 18,251 $ 6,520,812.91 45.82% $ 7,712,011.23 22.56% 2011 102,418 $ 38,703,314.65 51,743 $ 20,971,372.48 54.18% 22,621 $ 8,047,483.62 45.38% $ 9,684,458.55 25.02% 2010 123,100 $ 45,912,579.07 63,254 $ 25,152,541.39 54.78% 27,575 $ 9,648,804.43 46.48% $ 11,111,232.95 24.20% 2009 105,198 $ 39,156,657.98 51,075 $ 20,573,556.89 52.54% 21,382 $ 7,604,645.52 40.92% $ 10,978,455.57 28.04% 2008 104,354 $ 38,279,635.57 74,316 $ 28,487,218.12 74.42% 16,432 $ 5,631,324.47 57.51% $ 4,161,092.98 10.87% 2007 92,968 $ 32,204,701.25 78,598 $ 27,565,693.81 85.60% 12,222 $ 4,021,746.66 86.69% $ 617,260.78 1.92% 2006 86,021 $ 28,237,167.24 76,735 $ 25,400,925.31 89.96% 9,140 $ 2,797,060.11 98.62% $ 39,181.82 0.14% 2005 74,386 $ 23,985,325.18 68,058 $ 22,116,610.60 92.21% 6,283 $ 1,851,713.20 99.09% $ 17,001.38 0.07% 2004 73,527 $ 25,257,069.04 68,111 $ 23,546,202.80 93.23% 5,385 $ 1,697,703.54 99.23% $ 13,161.70 0.05% 2003 72,390 $ 22,137,426.08 68,246 $ 20,970,920.26 94.73% 4,120 $ 1,158,323.02 99.30% $ 8,182.80 0.04% 2002 55,645 $ 14,143,541.48 52,617 $ 13,444,983.79 95.06% 3,018 $ 695,428.69 99.55% $ 3,129.00 0.02% 2001 43,070 $ 10,252,863.62 40,649 $ 9,722,596.34 94.83% 2,407 $ 526,065.03 99.21% $ 4,202.24 0.04% 2000 32,392 $ 7,348,542.41 30,768 $ 6,993,229.52 95.16% 1,615 $ 352,945.14 99.33% $ 2,367.75 0.03% 1999 26,253 $ 5,809,381.48 25,217 $ 5,590,966.91 96.24% 1,031 $ 217,046.80 99.37% $ 1,367.75 0.02% 1998 23,662 $ 5,149,972.51 22,769 $ 4,965,506.73 96.42% 888 $ 183,119.18 99.27% $ 1,346.60 0.03% 1997 22,931 $ 4,915,160.09 22,168 $ 4,762,851.17 96.90% 763 $ 152,308.92 100.00% 1996 27,364 $ 5,675,514.49 26,497 $ 5,513,494.26 97.15% 865 $ 161,686.23 99.79% $ 334.00 0.01% 1995 22,000 $ 4,413,615.55 21,422 $ 4,303,148.61 97.50% 573 $ 107,441.94 97.26% $ 3,025.00 0.07% 1994 18,268 $ 3,725,945.62 17,794 $ 3,636,501.75 97.60% 472 $ 89,010.87 99.52% $ 433.00 0.01% 1993 7 $ 784.00 6 $ 694.00 88.52% 1 $ 90.00 100.00% 1992 13 $ 2,578.50 13 $ 2,578.50 100.00% 1991 4 $ 1,094.20 4 $ 1,094.20 100.00% 1990 5 $ 762.00 4 $ 724.50 95.08% 1 $ 37.50 100.00% 1989 1 $ 77.50 1 $ 77.50 100.00% 1988 1 $ 277.00 $ 277.00 100.00% 1986 1 $ 110.00 1 $ 110.00 100.00% Total 1,601,194 $542,322,761.37 1,023,155 $338,527,507.66 62.42% 211,559 $72,257,959.09 35.46% $131,537,293.29 24.25% LGBS,LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 6 FORT WORTH, TX MUNICIPAL COURT-CRIMINAL March 2020 Status of Open Accounts Status Count Amount ACT-Active Account 270,080 $101,325,618 ATT-Attorney Contact Only 73 $31,279 BKR- Bankruptcy 50 $19,657 BSW- Bankruptcy Stop Work 11 $5,073 CAD - Cease And Desist Demand 11 $4,098 DCN - Debtor Contact No Results 6 $2,548 DEC - Deceased No Estate Or Beyond Claim 201 $76,169 DIS - Disputed 207 $82,829 HDS - Medical Hardship 12 $4,678 INC - Incarcerated 1,063 $417,798 MAL- Mail Only 2 $1,056 PAY- Payment Plan In Effect 2 $562 PRM - Promise Payment 925 $333,670 FTC- Paid To Client 1 $446 REF- Refuse To Pay 369 $138,070 RST-Attorney Review Required 1 $902 SKP - Skip Tracing for Phone 6,419 $2,201,953 STW- Stop Work Per Client 2 $684 SWC - Stop Work Per Client 87,171 $26,961,666 SWF - Stop Work Per Firm 11 $5,546 Total 366,617 $131,614,301 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 7 FORT WORTH, TX MUNICIPAL COURT-CRIMINAL March 2020 Monthly Collection Activity Last 24 Months Year Month letters Address/Phone Phone Activity Dollars Mailed Updated Inbound Outbound Collected 2020 March 4,311 940 520 44,769 $467,215 February 89,189 5,203 899 58,854 $418,718 7anuary 8,726 5,387 443 74,309 $290,600 2019 December 2,639 4,773 255 55,057 $227,533 November 2,851 1,450 227 43,606 $240,062 October 19,041 2,423 764 47,629 $341,015 September 38,547 3,439 527 37,107 $292,857 August 10,775 8,309 563 46,186 $307,226 7uly 3,056 1,792 393 81,129 $358,277 Tune 2,234 1,993 281 94,217 $338,417 May 6,113 1,825 629 90,480 $413,244 April 13,369 9,072 808 85,591 $442,837 March 6,081 2,519 847 84,332 $667,783 February 41,246 1,273 1,588 94,232 $518,546 7anuary 9,444 9,150 630 87,328 $369,415 2018 December 4,684 3,162 434 88,061 $336,922 November 4,463 2,108 1,644 118,359 $403,213 October 78,488 6,981 819 124,125 $421,662 September 8,099 3,463 1,078 89,020 $352,995 August 36,287 6,900 747 116,654 $459,801 7uly 4,692 5,815 482 102,899 $430,988 Tune 4,247 3,526 612 81,299 $462,925 May 6,564 2,203 1,426 84,660 $563,386 April 57,712 5,309 846 75,156 $541,183 March 5,660 13,143 1,665 69,449 $814,430 Total* 468,S18 112,08 19,127 1,974,S08 $10,481,2S3 *Total Amounts noted represent the last 24 months&not contract to date. LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 8 FORT WORTH, TX MUNICIPAL COURT-CRIMINAL March 2020 Portfolio Analysis Outstanding Placements Accounts Dollars Acct. Pct. Dollar Pct. Average Balance ALL ACCOUNTS 366,617 $131,614,301.19 100.00% 100.00% $359.00 ADDRESSES No Mailing Address 483 $189,811.13 0.13% 0.14% $392.98 Returned Mail 73,110 $27,368,695.79 19.94% 20.79% $374.35 Good Address 293,024 $104,055,794.27 79.93% 79.06% $355.11 OFFENSE AGE One Year or Less 20,247 $6,911,761.69 5.52% 5.25% $341.37 1-2 Years 37,097 $13,534,504.17 10.12% 10.28% $364.84 2-3 Years 37,140 $13,844,706.74 10.13% 10.52% $372.77 +3 Years 272,133 $97,323,328.59 74.23% 73.95% $357.63 PLACEMENT AGE One Year or Less 37,691 $13,297,949.67 10.28% 10.10% $352.81 1-2 Years 47,565 $17,467,555.57 12.97% 13.27% $367.24 2-3 Years 29,426 $11,807,952.64 8.03% 8.97% $401.28 +3 Years 251,935 $89,040,843.31 68.72% 67.65% $353.43 LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 9 FORT WORTH, TX MUNICIPAL COURT-CRIMINAL March 2020 Offense Age of Placements Last 13 Months PRIOR 2014 2015 2016 2017 2018 2019 2020 Total placements March 8 12 3 13 64 211 2,544 - 2,855 2020 0.28% 0.42% 0.11% 0.46% 2.24% 7.39% 89.11% February 12 14 4 26 117 155 2,624 - 2,952 2020 0.41% 0.47% 0.14% 0.88% 3.96% 5.25% 88.89% January 17 9 2 8 82 188 4,164 - 4,470 2020 0.38% 0.20% 0.04% 0.18% 1.83% 4.21% 93.15% December 25 29 5 23 122 195 3,637 - 4,036 2019 0.62% 0.72% 0.12% 0.57% 3.02% 4.83% 90.11% November 6 3 1 6 27 197 3,255 - 3,495 2019 0.17% 0.09% 0.03% 0.17% 0.77% 5.64% 93.13% October 72 60 8 18 85 312 2,472 - 3,027 2019 2.38% 1.98% 0.26% 0.59% 2.81% 10.31% 81.67% September 34 35 - 11 71 552 3,634 - 4,337 2019 0.78% 0.81% 0.25% 1.64% 12.73% 83.79% August 9 50 1 14 130 441 2,663 - 3,308 2019 0.27% 1.51% 0.03% 0.42% 3.93% 13.33% 80.50% July 3 51 8 18 28 336 3,765 - 4,209 2019 0.07% 1.21% 0.19% 0.43% 0.67% 7.98% 89.45% June 57 5 3 11 38 1,335 1,553 - 3,002 2019 1.90% 0.17% 0.10% 0.37% 1.27% 44.47% 51.73% May 46 11 10 25 237 1,674 3 - 2,006 2019 2.29% 0.55% 0.50% 1.25% 11.81% 83.45% 0.15% April 12 6 - 7 160 2,753 - - 2,938 2019 0.41% 0.20% 0.24% 5.45% 93.70% March 8 11 6 14 461 5,571 - - 6,071 2019 1 0.13% 0.18% 0.10% 0.23% 7.59% 91.76% LGBS, LLP History PROPRIETARY AND CONFIDENTIAL INFORMATION Page 10 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/16/20 M&C FILE NUMBER: M&C 20-0397 LOG NAME: 13DELINQUENTTAX SUBJECT Authorize Two Professional Services Agreements with Linebarger Goggan Blair&Sampson, LLP for Collection of Delinquent Taxes and Collection of Delinquent Court Fines,and Adopt Resolution Authorizing Employment of Firm to Serve as the City's Outside Counsel for Tax Collections(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Professional Services Agreement with the law firm of Linebarger Goggan Blair&Sampson, LLP for the collection of certain delinquent taxes and miscellaneous revenues; 2. Authorize the City Manager to execute a separate Professional Services Agreement with Linebarger Goggan Blair&Sampson, LLP for the collection of delinquent court fines;and 3. Adopt the attached resolution authorizing employment of Linebarger Goggan Blair&Sampson, LLP to serve as the City's outside counsel for tax collections. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to take actions associated with engaging the law firm of Linebarger Goggan Blair&Sampson, LLP(Linebarger)to continue serving as the City's authorized representative and collection agent for certain delinquent taxes, delinquent court fines,and other miscellaneous revenue. The City currently has contracts with Linebarger-one for the collection of delinquent property taxes and other miscellaneous delinquent revenues and another for delinquent court fines and related amounts.The final renewal under each of these contracts will expire on June 30,2020. Tax Contract Under both the current and proposed contracts, Linebarger collects delinquent property taxes, Public Improvement District(PID)assessments,and hotel occupancy taxes for the City of Fort Worth,filing suit and conducting foreclosures as necessary and pursuing recoveries in bankruptcy when the debtor has filed. The firm also assists,as requested,in the collection of other miscellaneous delinquent accounts. In accordance with state law and the adopted ad valorem tax ordinances,a collections surcharge of fifteen percent(15%)is applied to delinquent property tax for the 2002 and prior year property taxes,and a collections surcharge of twenty percent(20%)applies to delinquent property taxes for the 2003 tax year and all subsequent tax years. The state law governing PID assessments provides that they are to be collected in the same manner as property tax,meaning these same surcharges would apply for delinquent PID assessments. The proceeds from the collection of these surcharges are owed and payable to the outside firm providing the collection services as provided under applicable law.All delinquent property tax payments,including interest,penalties,and the associated collection surcharge are collected by the Tarrant County Tax Assessor-Collector. The County remits the collection surcharge revenues directly to the collection firm and sends all other property tax related funds to the City. The firm has agreed to continue to assist the City with the collection of a relatively low volume of other delinquent accounts at no additional cost to the City. As staff continues to enhance revenue collection efforts and increases the volume of the other delinquent accounts to be collected by the firm,a future contract amendment with a separate fee structure will likely be required. Under the terms of the attached resolution,the firm will be designated as the City's outside counsel for tax collection matters under the proposed contract. Approval of this M&C also serves as authorization for the firm to file tax collection lawsuits on the City's behalf as needed. Linebarger has served in this role for a number of years,and staff is very satisfied with the firm's performance.After weighing the vendor's performance and considering other alternatives,staff is recommending executing a new contract. Among the criteria staff relied on in making its recommendation are the following: 1. Linebarger has extensive qualifications and experience collecting for the City of Fort Worth and for clients similar to the City and currently collects for the largest taxing entities in Texas; 2.Linebarger has a Fort Worth Office of experienced professionals with impressive credentials and has a dedicated Fort Worth Collections Team; 3. Linebarger's 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;and 4. Linebarger's Fort Worth office collects for 45 taxing jurisdictions in Tarrant County,and staff believes that having the City's collections with the same firm as other local taxing jurisdictions has simplified matters for taxpayers and enhanced collection efforts overall. Under the terms of the proposed new agreement, Linebarger will provide enhanced reporting that will help the City and firm to monitor performance,better identify trends,and make adjustments as needed. Required Statutory Findings Because of changes made by the 86th Legislature(2019),the City Council is required to make certain written findings in connection with approving this type of contract. In approving this M&C and the tax collection contract,the City Council finds that: (1)there is a substantial need for the tax collection legal services; (2)the legal services cannot be adequately performed by the City's attorneys and supporting personnel;and (3)the tax collection legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees,without regard to the outcome of the matter, because of the specialized nature of tax collection services,for which state allows imposition of a contingency,percentage-based collection fee that may only be imposed if the services are performed by an external,third- party vendor.. Courts Contract In an effort to improve collection of delinquent civil parking and criminal citations,the Municipal Court Services Department is requesting to secure external collections services with Linebarger. Article 103.0031 of the Code of Criminal Procedure allows the City Council to enter into a collections contract with a third party and to authorize the addition of a 30 percent collection fee on certain types of court-related debts referred for collection.On June 25,2002,the Fort Worth City Council adopted Ordinance No. 15144,which authorized imposition of the collection fee on court-ordered debts. Under the proposed contract,delinquent amounts with an offense date on or after June 18,2003 that are subject to the 30 percent fee would be referred to the collection agency. Defendants would receive collection notices indicating amounts due(including the collections fee)and would make payments directly to the Municipal Court. If less than full payment is received,amounts due to the collection agency would be reduced proportionately.The Municipal Court will be responsible for tracking and monitoring activity, reconciling the collection fee due to Linebarger,and remitting payment for the collection fee due to Linebarger. Linebarger has served as the City's vendor for these collection services for a number of years. Staff has been satisfied with the firm's performance and is recommending they be re-engaged under a new contract. Staff has worked with Linebarger to improve reporting and performance metrics in connection with the new agreement. Required Statutory Findings Because of changes made by the 86th Legislature(2019),the City Council is required to make certain written findings in connection with approving this type of contract. In approving this M&C and the court collection contract,the City Council finds that: (1)there is a substantial need for the court collection legal services; (2)the legal services cannot be adequately performed by the City's attorneys and supporting personnel;and (3)the court collection legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees,without regard to the outcome of the matter,because of the specialized nature of court collection services,for which state allows imposition of a contingency,percentage-based collection fee that may only be imposed if the services are performed by an external,third- party vendor. General Terms M/WBE-Linebarger Goggan Blair&Sampson, LLP, is in compliance with the City's M/WBE Ordinance by committing to five percent(5 percent) M/WBE participation.on each of these contracts,which corresponds to the goal approved by the Business Equity Division of the Department of Diversity and Inclusion. TERM-Following Council approval,each contract will be for an initial term of five years. RENEWAL OPTIONS-Each contract includes two renewal options of two years each. Exercising the option under either contract does not require specific City Council approval. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and execution of the agreements,funds will be deposited into the appropriate City Fund,as required, based on the revenue type. The Municipal Court and Financial Management Services Departments are responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office by. Jay Chapa 5804 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: John Samford 2318 City of Fort Worth, Texas Mayor and Council Communication DATE: 06/16/20 M&C FILE NUMBER: M&C 20-0397 LOG NAME: 13DELINQUENTTAX SUBJECT Authorize Two Professional Services Agreements with Linebarger Goggan Blair&Sampson, LLP for Collection of Delinquent Taxes and Collection of Delinquent Court Fines, and Adopt Resolution Authorizing Employment of Firm to Serve as the City's Outside Counsel for Tax Collections(ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the City Manager to execute a Professional Services Agreement with the law firm of Linebarger Goggan Blair&Sampson, LLP for the collection of certain delinquent taxes and miscellaneous revenues; 2. Authorize the City Manager to execute a separate Professional Services Agreement with Linebarger Goggan Blair&Sampson, LLP for the collection of delinquent court fines; and 3. Adopt the attached resolution authorizing employment of Linebarger Goggan Blair&Sampson, LLP to serve as the City's outside counsel for tax collections. DISCUSSION: The purpose of this Mayor and Council Communication(M&C) is to take actions associated with engaging the law firm of Linebarger Goggan Blair&Sampson, LLP(Linebarger)to continue serving as the City's authorized representative and collection agent for certain delinquent taxes, delinquent court fines, and other miscellaneous revenue. The City currently has contracts with Linebarger-one for the collection of delinquent property taxes and other miscellaneous delinquent revenues and another for delinquent court fines and related amounts. The final renewal under each of these contracts will expire on June 30, 2020. Tax Contract Under both the current and proposed contracts, Linebarger collects delinquent property taxes, Public Improvement District(PID)assessments, and hotel occupancy taxes for the City of Fort Worth, filing suit and conducting foreclosures as necessary and pursuing recoveries in bankruptcy when the debtor has filed. The firm also assists, as requested, in the collection of other miscellaneous delinquent accounts. In accordance with state law and the adopted ad valorem tax ordinances, a collections surcharge of fifteen percent(15%) is applied to delinquent property tax for the 2002 and prior year property taxes, and a collections surcharge of twenty percent(20%)applies to delinquent property taxes for the 2003 tax year and all subsequent tax years. The state law governing PID assessments provides that they are to be collected in the same manner as property tax, meaning these same surcharges would apply for delinquent PID assessments. The proceeds from the collection of these surcharges are owed and payable to the outside firm providing the collection services as provided under applicable law. All delinquent property tax payments, including interest, penalties, and the associated collection surcharge are collected by the Tarrant County Tax Assessor-Collector. The County remits the collection surcharge revenues directly to the collection firm and sends all other property tax related funds to the City. The firm has agreed to continue to assist the City with the collection of a relatively low volume of other delinquent accounts at no additional cost to the City. As staff continues to enhance revenue collection efforts and increases the volume of the other delinquent accounts to be collected by the firm, a future contract amendment with a separate fee structure will likely be required. Under the terms of the attached resolution,the firm will be designated as the City's outside counsel for tax collection matters under the proposed contract. Approval of this M&C also serves as authorization for the firm to file tax collection lawsuits on the City's behalf as needed. Linebarger has served in this role for a number of years, and staff is very satisfied with the firm's performance. After weighing the vendor's performance and considering other alternatives, staff is recommending executing a new contract. Among the criteria staff relied on in making its recommendation are the following: 1. Linebarger has extensive qualifications and experience collecting for the City of Fort Worth and for clients similar to the City and currently collects for the largest taxing entities in Texas; 2. Linebarger has a Fort Worth Office of experienced professionals with impressive credentials and has a dedicated Fort Worth Collections Team; 3. Linebarger's 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; and 4. Linebarger's Fort Worth office collects for 45 taxing jurisdictions in Tarrant County, and staff believes that having the City's collections with the same firm as other local taxing jurisdictions has simplified matters for taxpayers and enhanced collection efforts overall. Under the terms of the proposed new agreement, Linebarger will provide enhanced reporting that will help the City and firm to monitor performance, better identify trends, and make adjustments as needed. Required Statutory Findings Because of changes made by the 86th Legislature(2019),the City Council is required to make certain written findings in connection with approving this type of contract. In approving this M&C and the tax collection contract,the City Council finds that: (1)there is a substantial need for the tax collection legal services; (2)the legal services cannot be adequately performed by the City's attorneys and supporting personnel; and (3)the tax collection legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees,without regard to the outcome of the matter, because of the specialized nature of tax collection services, for which state allows imposition of a contingency, percentage-based collection fee that may only be imposed if the services are performed by an external,third- party vendor.. Courts Contract In an effort to improve collection of delinquent civil parking and criminal citations,the Municipal Court Services Department is requesting to secure external collections services with Linebarger. Article 103.0031 of the Code of Criminal Procedure allows the City Council to enter into a collections contract with a third party and to authorize the addition of a 30 percent collection fee on certain types of court-related debts referred for collection. On June 25, 2002, the Fort Worth City Council adopted Ordinance No. 15144, which authorized imposition of the collection fee on court-ordered debts. Under the proposed contract, delinquent amounts with an offense date on or after June 18, 2003 that are subject to the 30 percent fee would be referred to the collection agency. Defendants would receive collection notices indicating amounts due(including the collections fee)and would make payments directly to the Municipal Court. If less than full payment is received, amounts due to the collection agency would be reduced proportionately. The Municipal Court will be responsible for tracking and monitoring activity, reconciling the collection fee due to Linebarger, and remitting payment for the collection fee due to Linebarger. Linebarger has served as the City's vendor for these collection services for a number of years. Staff has been satisfied with the firm's performance and is recommending they be re-engaged under a new contract. Staff has worked with Linebarger to improve reporting and performance metrics in connection with the new agreement. Required Statutory Findings Because of changes made by the 86th Legislature(2019),the City Council is required to make certain written findings in connection with approving this type of contract. In approving this M&C and the court collection contract, the City Council finds that: (1)there is a substantial need for the court collection legal services; (2)the legal services cannot be adequately performed by the City's attorneys and supporting personnel; and (3)the court collection legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees,without regard to the outcome of the matter, because of the specialized nature of court collection services, for which state allows imposition of a contingency, percentage-based collection fee that may only be imposed if the services are performed by an external,third- party vendor. General Terms M/WBE-Linebarger Goggan Blair&Sampson, LLP, is in compliance with the City's M/WBE Ordinance by committing to five percent(5 percent) M/WBE participation. on each of these contracts,which corresponds to the goal approved by the Business Equity Division of the Department of Diversity and Inclusion. TERM-Following Council approval, each contract will be for an initial term of five years. RENEWAL OPTIONS-Each contract includes two renewal options of two years each. Exercising the option under either contract does not require specific City Council approval. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendations and execution of the agreements, funds will be deposited into the appropriate City Fund, as required, based on the revenue type. The Municipal Court and Financial Management Services Departments are responsible for the collection and deposit of funds due to the City. Submitted for City Manager's Office W. Jay Chapa 5804 Originating Business Unit Head: Reginald Zeno 8517 Additional Information Contact: John Samford 2318