HomeMy WebLinkAboutContract 27919 06-IV-02 A09 :49 1A1 CITY SECRETARY STATE OF TEXAS § CONTRACT NO C�l
AGREEMENT FOR PROFESSIONAL
COLLECTION SERVICES
COUNTY OF TARRANT §
THIS AGREEMENT is made by and between the City of Fort Worth, Texas (City), a
home-rule municipal corporation of the State of Texas,located within Tarrant and Denton Counties,
and Linebarger Goggan Blair Pejaa&Sampson,L.L.P. (Contractor), a Texas law firm,both parties
acting herein by and through their duly authorized representatives.
1.
Scope of Services.
(a) Contractor agrees to perform,using its best efforts as defined in Subsection (f) 1, (e) 2, (e)
3,through lawful means,professional collection services for the Fort Worth Municipal Court
on those cases referred to Contractor by the City's Municipal Court Department. The scope
of work shall include all activities and functions generally required of a professional
collection services firm in the business of collecting delinquent fines, fees,restitution, and
other court ordered debts and costs for a municipality. It is understood and agreed that this
is a contract for professional collection services only, and not an assignment or transfer of
any property or ownership interest in and to the municipal court citations or monies realized
there from. Contractor understands and acknowledges the difference between a Municipal
Court case and an account receivable and will conduct its services hereunder accordingly.
(b) The City shall have complete discretion regarding the number and type of cases submitted
to Contractor for collection services.
(c) All services provided by the Contractor hereunder shall be performed in accordance with the
degree of care and skill ordinarily exercised under similar circumstances by competent
members of the profession in the State of Texas applicable to such services contemplated by
this contract and Contractor shall be responsible for all services provided hereunder.
Contractor shall perform all duties and services and make all decisions called for hereunder
promptly and without unreasonable delay and will give these services such priority in his
office as is necessary to cause Contractor's service hereunder to be timely and properly
performed.
1. Start up referrals shall consist of-
9 DELINQUENT CASE referrals consisting generally of traffic and general
complaint citations which have been in delinquent status over sixty (60) days on
adjudicated cases and thirty(30) days on non-adjudicated cases.
® WARRANT REFERRALS shall consist generally of traffic and general complaint
cases that have been in warrant status over sixty(60) days on adjul NCTA WR&T
thirty(30) days on non-adjudicated cases.
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All Start-up referrals will be made by the City to the Contractor thirty (30) days from
effective date of contract.
2. Weekly referrals shall consist of-
0 Delinquent traffic and general complaint cases as cases meet the delinquent status
over sixty (60) days criteria on adjudicated cases and thirty (30) days on non-
adjudicated cases.
® Warrant referrals of traffic and general complaint cases as cases meet the warrant
status over sixty(60) days criteria on adjudicated cases and thirty(30)days on non-
adjudicated cases.
3. All information supplied by the City to the Contractor shall be kept confidential and not
disclosed to parties other than the Contractor's employees on a need to know basis for
the purpose of contract performance and to the warrant holder or spouse of the warrant
holder.
(d) Cases submitted to Contractor for collection services will not include cases involving
juveniles or cases referred to Teen Court.
(e) City makes no express or implied warranty to the Contractor regarding the accuracy of any
data provided on the referred cases, nor does it make any express or implied warranty
concerning the value or collectability of any amounts from the referred cases.
(f) Contractor shall provide such information on its activity concerning the referred cases as may
be reasonably requested by the Municipal Court Director of the City.
1. Contractor shall make at least three(3) contacts within a 6-month period from date
of initial referral.
2. Contractor shall make at least one written contact via Postal services within 60 days
of receiving the initial referral data from the City, unless the Contractor receives
written approval from the Municipal Court Director to waive this requirement. The
format and language of all written correspondence shall be expressly approved by the
City. All costs associated with the letter and mailing costs shall be paid by the
Contractor.
3. Contractor shall make at least one telephone contact with the.person within thirty(30)
days of receiving the initial referral data from the City unless the Contractor receives
written approval from the Municipal Court Director to waive this requirement. The
general format of all scripts shall be approved by the City. All costs associated with
the telephone contact shall be paid by the Contractor.
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4. For purposes of this Section, `contact' shall mean exhausting all available means to
communicate with the person,through the postal service and/or telephone by means
of the information provided to the Contractor by the City or any other method that
is reasonably accessible to the Contractor.
5 Any and all written or telephone contacts shall cease upon Contractor's notice by the
City that the case has been handled in some way that precludes contact, or when the
contract is terminated. If a case becomes delinquent again or a warrant is issued
again, all requirements in Section(f) shall apply.
6. No contacts will be made in person by the Contractor to the citation or warrant
holder.
2.
Contract Term.
The prim term of this contract shall be for a period of twelve (12) months
beginning 2002, and ending JPTm?f7, 3D ,2005.
The City and Contractor agree that the City shall review the performance of the Contractor
180 days after the Contractor performs the first mailing for collection. If for any reason the
City is dissatisfied with the performance of the Contractor, the City may terminate this
contract without cause by giving thirty(30)days notice in writing to Contractor.
In addition to the primary term,this contract may be renewed by the City, at its discretion,
for up to three(3) additional successive one(1)year renewal terms on the same terms and
conditions as this agreement, except as may be modified by mutual agreement of the parties,
by the giving of written notice to Contractor not later than ninety(90) days before the end
of the primary or extended term.
3.
Compensation.
1. Non-adjudicated Cases
(a) For all non-adjudicated cases,(non-adjudicated cases are defined as those cases where a fine,
fee,restitution, or other debt or cost has not been ordered to be paid by a court,i.e.,where
a plea has not been entered or a judgment rendered) City will pay Contractor an amount
equal to twenty-five(25%)percent of the Compensation Base Amount.
(b) The Compensation Base Amount shall be equal to the actual monies collected on cases
referred to Contractor for collection, less any administrative, dismissal, or arrest fees and
court costs required to be collected by and/or retained by the City or paid to the State,
provided that:
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(1) payment is received by the City during the contract term and within thirty(30) days
of Contractor's collection activity;
(2) Contractor has provided collection services in accordance with this contract on the
case on which money has been collected; and
(3) Contractor has provided verification to the City documenting its collection activities.
(c) No compensation will be paid to the Contractor:
(1) after the arrest of the defendant by the City or an outside agency; or
(2) on warrants or delinquent citations that are paid as a result of the refusal of
defendant's auto license registration pursuant to state law or City notification of
eligibility to defendant for same; or
(3) on warrants or delinquent citations that are paid as a result of notification by the City
of refusal of renewal of a Defendant's drivers license pursuant to state law or City
notification of eligibility to defendant for same;.or
(4) on amounts uncollected.
(d) (1) For the purpose of this Section,payment will be presumed to have occurred as a result
of defendant's auto license registration or driver's license renewal if payment is
received by the City during the month that said auto license registration or driver's
license is scheduled for renewal or within 60 days from the date of City's notification
to defendant of same.
(2) City agrees to provide to Contractor,within seven(7)days of the preparation of the
list by the City, a preliminary list of citation numbers corresponding to those persons
that are eligible for refusal of their auto license registration or drivers license
pursuant to state law.
(3) City further agrees to provide to Contractor,within seven(7)days of the preparation
of the list by the City, a final Est of citation numbers corresponding to those persons
that are eligible for refusal of their auto license registration or drivers license
pursuant to state law.
2. Adjudicated Cases
(a) For all adjudicated cases, (adjudicated cases are defined as those cases where a fine, fee,
restitution, or other debts or costs have been ordered to be paid by a court) Contractor's
compensation shall be an amount equal to thirty (30%) percent of the judgment debt
("Allowable Collection Fee')which s all be added to the original judgment debt consistent
with City Ordinance No. 1514 . For all cases referred by the City to the
Contractor, for which the City is paid, in whole or in part, Contractor shall receive the
allowable Collection Fee in fall, and such monies as may be remaining shall be allocated in
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equal percentage to the State and City, consistent with Article 103.0031(d)of the Texas Code
of Criminal Procedure.
(b) The Allowable Collection Fee shall be an amount equal to thirty(30%)percent of the actual
monies owed by the defendant which shall be added to the original judgment debt. The
allowable collection fee in the amount of thirty(30%)percent shall be added to the original
judgment debt that is more than sixty(60)days past due and has been referred to Contractor
for collection,provided that:
(1) payment is received by the City during the contract term and within 30 days of
Contractor's collection activity;
(2) Contractor has provided collection services in accordance with this contract on the
case on which money has been collected; and
(3) Contractor has provided verification to the City documenting its collection activities.
(c) If a court of original jurisdiction determines that 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 shall not be liable for the thirty (30%) percent collection fee authorized in
Subsection-(b).
(d) If the money received from a person owing fines, fees,restitutions, or other debts or costs
ordered to be paid by a court an amount that is less than the total costs owed by the person,
including the thirty(30%)percent collection fee authorized in Subsection(b), the amount of
costs collected otherwise required to be sent to the comptroller and the amount permitted to
be retained by the City will be reduced by an equal percentage in order to full compensate
the
Contractor as required per Article 103.0031 of the Texas Code of Criminal Procedure.
(e) Contractor shall receive no additional funds or compensation for service-related expenses,
such as reproduction costs, mileage, delivery service, long distance telephone calls, etc.
Contractor shall receive the Allowable Collection Fee based upon the amount collected upon
final disposition of the judgment and, upon submission of an itemized statement reflecting
the amounts collected,which shall be reconciled with the court's records of the City.
4.
Payments by City to Contractor.
Total payment to Contractor shall not exceed the amounts set for the above,unless additional
services are required and payment is approved in advance by the Fort Worth City Council. City will
make monthly payments to Contractor, utilizing a reporting format and payment terms as may be
mutually agreed upon by City and Contractor,beginning with the first calendar month following the
start of the contract term. Contractor shall invoice the City for the amount calculated to be paid by
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the City. Final payment to Contractor shall be made within thirty(30) days after the final contract
month.
Both the City and Contractor will review the appropriate cases for which payment is due the
Contractor on a monthly basis. In determining the fee to be paid to the Contractor for services
rendered on non-adjudicated cases,the term fines and fees shall not include `COSTS' or `COURT
COSTS' (mandatory fees/taxes collected by the City and paid to the State or any amount retained
by the City).
5.
Payments by Citation Holders.
In both written and telephone contacts the Contractor shall instruct the citation holder to
make all payments to the City of Fort Worth Municipal Court at the Public Safety & Courts
Building,Fort Worth, Texas 76102-6382,or refer all inquiries to the Court at the Public Safety&
Courts Building, 1000 Throckm.orton St., or telephone (817) 871-6700. No payments shall be
solicited or accepted directly or indirectly by the Contractor. If any payments are received by
Contractor, Contractor shall remit same in full to the Municipal Court on a daily basis. If any
payments are received by Contractor on warrant status cases,Contractor shall require citation holders
to execute a waiver absolving the City of liability for actions that might occur until information on
payments is entered into City records. Contractor shall not enter into any agreement authorizing
delay of payment, suspension of warrant, or suspension of fine owed. Contractor shall make no
promises or offers of delay or stay of execution of an unpaid citation or warrant.
6.
Administration.
All services performed under this Contract shall be coordinated with and performed to the
satisfaction of the Municipal Court Director for the City (the Director). The Director, or her
designated representative, may meet with Contractor on a monthly basis to reconcile all collected
accounts.
7.
Costs of Collection.
Contractor shall bear all costs of collection,including but not limited to, compensation for
service-related expenses, such as reproduction costs, mileage, delivery service, long distance
telephone calls, etc.
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8.
Quarterly Reports.
Contractor shall prepare and provide quarterly reports indicating the performance of services
by the Contractor under the terms of the contract. The report shall be prepared each quarter for the
City Council review and submitted to the Director of Municipal Court Services. Each report shall
contain the number of referrals received by the Contractor from the City,the total amount collected
on the referrals, and the total payments made to Contractor and the City for that quarter.
9.
Personnel and Contractor's Representations.
Contractor'is responsible for the fairing,training and supervision of all personnel necessary
for the performance of this contract. Contractor hereby represents,promises and warrant to the City
that Contractor is financially solvent and possesses sufficient experience, authority, personnel and
working capital to complete the services required hereunder.
10.
Indemnification
Contractor covenants and agrees to indemnify, hold harmless and defend the City, its
officers, agents and employees from.any and all claims or suits for property damage or loss and/or
personal injury,including death,to any and all persons,of whatsoever kind or character,whether real
or asserted, arising out of the work and services to be performed hereunder by Contractor, its
officers, agents, employees or subcontractors,WHETHER OR NOT CAUSED,IN WHOLE OR
IN PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, OR
EMPLOYEES OF THE CITY. Contractor covenants and agrees to indemnify,hold harmless and
defend the City, its officers, agents and employees from any and all claims or suits or for any
expense arising out of or in connection with,directly or indirectly,the collection services performed
under this contract WHETHER OR NOT SAID LOSS,DAMAGE,LIABILITY OR EXPENSE
IS A RESULT OF THE ALLEGED NEGLIGENCE OF THE CITY, ITS OFFICERS,
AGENTS OR EMPLOYEES. This indemnity shall include without limitation any reasonable and
necessary attorney's fees for the defense of any claim hereunder including any appeal of said claims.
The Indemnity provision of this contract shall have no application to any claim or demand which
is the result of the sole negligence or fault of the City, its officers, agents, or employees.
In the event that litigation is initiated against the City by a defendant contacted by the
Contractor in the collection activity of the Contractor,then the Contractor agrees to represent the
City in such litigation as a part of the services compensated in this contract.
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11.
Insurance.
(a) Contractor shall take out and maintain such policies of insurance as may be required by the
City for its operations under this contract. At present, such insurance shall consist of at least
the following:
(1) Statutory worker's compensation insurance;
(2) General commercial liability policy with a combined single limit of One Million
Dollars ($1,000,000);
(3) Professional Liability(errors and omissions)insurance in an amount of at least One
Hundred Thousand Dollars($100,000).
(4) Employee's dishonesty bond in an amount of at least Ten Thousand Dollars
($10,000)per occurrence,to run in favor of the City as its interest may appear. A
corporate surety authorized to do business in the state of Texas and otherwise
acceptable to the City shall execute the bond. A copy of the Official Bond shall be
attached as evidence of the execution of said bond and shown as "Attachment B "
hereto.
(5) Contractor shall provide City a performance bond or Irrevocable Standby Letter of
Credit guaranteeing contractor's performance of the terms and conditions of this
contract. Such bond or letter of credit shall be in the amount of Fifty Thousand
Dollars ($50,000). A letter of credit shall be an irrevocable letter of credit issued by
FDIC insured banking institution with a debt rating of 1 or higher,A or higher by
Standard and Poor's or higher by Moody's Investors or a comparable rating by
another rating system acceptable to the City. A corporate surety authorized to do
business in the state of Texas and otherwise acceptable to the City shall execute the
bond. The form of the bond or the irrevocable letter of credit is that shown as
`Attachment A' hereto.
(b) Contractor will provide appropriate certificates of insurance as evidence of the above
coverage upon the signing of this Contract. Contractor agrees that all insurance
policies will list the Contractor as the insured and the `City of Fort Worth', its
officers, agents and employees as an additional insured.
12.
Independent Contractor.
Contractor shall perform all work and services hereunder as an independent contractor, and
not as an officer, agent, or employee of the City. Contractor shall have exclusive control of, and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same, and shall be solely responsible for the acts and omissions of its officers, agents, employees
and subcontractors. Nothing herein shall be construed as creating a partnership or joint venture
between the City and Contractor, or Contractor's officers,agents,employees and subcontractors, and
the doctrine of respondent superior shall have no application as between City and Contractor.
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13.
Compliance with Law.
In performing collection services hereunder, Contractor shall comply at all times with all
Federal, State, and local laws, regulations and ordinances and policies of the City, which in any
manner affect the Contractor or the services, including those related to debt collection. Contractor
shall indemnify and hold harmless the City against any claim, arising from the violation of such
laws, ordinances, and regulations whether by the Contractor or its agents, subcontractors, officers,
directors, owners or employees in accordance with Section 9 of this contract.
14.
Permits.
Contractor shall obtain, at its expense, any necessary permits from any governmental
authority for the performance of the services hereunder.
15.
Records,Statements,Reports.
Contractor and its permitted subcontractors shall keep and maintain accurate records relating
to activity on cases referred by the City to Contractor for a period of three (3) years after final
payment under this contract or any subcontract.
16.
Right to Audit.
(a) Contractor agrees that the City shall,until the expiration of three(3)years after final payment
under this contract, have access to and the right to examine any books, documents, papers and
records of the Contractor involving transactions relating to this contract. Contractor agrees that the
City shall have access during normal working hours to all necessary Contractor facilities and shall
be provided adequate and appropriate workspace in order to conduct audits in compliance with the
provisions of this section.
(b) Contractor further agrees to include in its subcontractor agreements hereunder a provision
to the effect that:
(1) Subcontractor agrees that the City shall, until the expiration of three (3)years after
final payment under the subagreement, have access to and the right to examine any
books, documents,papers and records of such subcontractor,involving transactions
relating to the subagreement; and
(2) the City shall have access during normal working hours to all subcontractor facilities,
and shall be provided adequate and appropriate workspace,in order to conduct audits
in compliance with the provisions of this article.
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(c) Nothing herein shall be construed as limiting City's rights of access to any examination
of books, documents,papers and records that may exist independently of this contract
provision.
17.
Assignment.
Except as otherwise required herein, Contractor may not assign or transfer any interest in
the Contract nor delegate the performance of any duties hereunder without the written consent of
the City Manager and any such attempted assignment without prior written consent shall be void.
Provided, however, that Contractor shall be permitted to subcontract work to enable Contractor
to comply with M/WBE requirements of this Contract.
18.
M/WBE Participation.
Contractor agrees to comply with the City's Minority/Women's Business Enterprise
(M/WBE)Ordinance(Ordinance No. 11923)and any subsequent amendments thereto by committing
to five percent(5%)M/WBE participation on all non-adjudicated cases.
19.
Nondiscrimination.
As a condition of this contract, Contractor covenants that it will take all necessary action to
insure that in connection with any work under this contract,the Contractor,will not discriminate in
the treatment or employment of any individual or groups of individuals on the grounds of race,color,
religion,national origin, age, sex or physical handicap unrelated to job performance, either directly
or indirectly or through contractual or other arrangements.
20.
Termination.
City may terminate this contract without cause by giving thirty(30) days notice in writing
to Contractor. During this period, the Contractor will continue to perform collection services for
thirty (30) days under the terms of the contract. Upon termination, Contractor shall provide a
statement showing the detailed accounting for all City collection accounts.
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In the event of breach of any the provisions of this contract by Contractor, City may terminate this
contract immediately by giving written notice to Contractor. Contractor's address for notices given
pursuant to this contract shall be given as follows:
Linebarger Goggan Blair Pena& Sampson,LLP
Attention: Director of Client Services
Post Office Box 17428
Austin, Texas 78760
or
1949 South IH 35
Austin, Texas 78741
21.
Use of City-Supplied Data; Access to Data.
Contractor and its permitted subcontractors shall make no use of the information supplied
by the City hereunder except for the purpose of providing collection services pursuant to this
Contract. Contractor and its subcontractors further shall not sell,transfer, assign or otherwise make
available to any other party, whether for consideration or for no consideration, the information
supplied by the City hereunder without the express prior written consent of the City.
In order to provide an adequate service level performance, the Contractor must be able to
provide the following requirement's:
• Provide hardware capable of running Attachmate or equivalent software that will allow
Contractor to access specified court transactions. Equivalent software must be able to
perform all critical functions of Attachmate software.
• Contractor must provide reports and correspondence data to City of Fort Worth Municipal
court without a fee.
• Contractor must be able and willing to comply with technology improvements deemed
necessary by.the City of Fort Worth.
• Contractor must be able to connect to City of Fort Worth network in order to access
necessary transactions.
• City of Fort Worth's IT Solutions department must review hardware for operation
compliance.
• Contractor pays for any services rendered by City of Fort Worth's IT Solutions department
provided that those services are related to the services rendered by the Contractor under this
Agreement and provided that the Contractor approve the same in advance of said
expenditure. If Contractor refuses to approve services which the City considers necessary
for the implementation of this Agreement,the City, at its option,may immediately terminate
this Agreement. If the City elects to terminate the Agreement under this section, Contractor
will be compensated only for those services rendered under this Agreement up to the date
of termination.
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22.
Choice of Law; Venue.
(a) This contract shall be construed in accordance with law of the State of Texas.
(b) Should any action at law or in equity arise out of the terms of this
contract, directly or indirectly, venue shall be in the state courts located
in Tarrant County, Texas or the United States District Court for the
Northern District of Texas,Fort Worth Division.
23.
Parties Bound.
This agreement shall be binding upon and inure to the benefit to the parties hereto and their
respective heirs, executors, administrators, legal representatives, successors and assigns where
permitted by this agreement. The undersigned signatories represent and warrant that he or she is the
duly authorized representative of the Contractor and the City and is authorized to execute this
Contract that has been approved and accepted by the City and the Contractor. The Contract shall not
be considered fully executed or binding on the City until the same shall have been executed by the
Contractor,the City Manager or his designee,the City Secretary and approved and accepted by-the
City Council as required by law. Nothing herein shall be construed as creating a personal liability
on the part of any City officer, employee or agent.
24.
Legal Construction.
In case any one or more of the provisions contained in this agreement shall for any reason
be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or
unenforceability shall not affect any other provision hereof and this agreement shall be construed
as if such invalid, illegal or unenforceable provision had never been contained herein.
25.
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.
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26.
Rights and Remedies Cumulative.
The rights and remedies provided by this license agreement are cumulative, and the use of
any one right or remedy by either party shall not preclude or waive its right to use any or all other
remedies. Said rights and remedies are given in addition to any other rights the parties may have by
law, statute, ordinance or otherwise.
27.
Waiver Of Default.
No waiver by the parties hereto of any default or breach of any term, condition or covenant
of this license agreement shall be deemed to be a waiver of any other breach of the same or any other
term, condition or covenant contained herein.
EXECUTED on the day of , 2002.
LINEBARGER G®GG LAIR PENA& SAMPSON,LLP
By: <j L--1�^
F r the Firm 1AeII-1&-A,-
Title° &d J
CITY ®F RT W®RTR
By:
Libby W
Assistant City Manager
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APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
By: � 1 ,, -/- --
Assistan ity Attorney
ATTEST:
Gloria Pearson
ity Secretary
contract Authorization
?ate
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OFFIC IA1,1 RECORD
,_�.�
D 0 D A -D 0
]D
THE STATE OF TEXAS §
§ KNOWN ALL BY THESE PRESENTS
COUNTY OF TARRANT §
THAT WE, as principal,hereinafter called
"Contractor" and as Surety, a corporation authorized to
do business in the State of Texas as a surety,do hereby acknowledge ourselves to be held and firmly
bound to the City of Fort Worth, a municipal corporation in the penal sum of FIFTY THOUSAND
DOLLARS. ($50,000)for the payment of which sum,well and truly to be made to the City of Fort
Worth, and its successors, we do bind themselves, our heirs, executor, administrators, successors,
and assigns,jointly and severally.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
WHEREAS,the said Contractor has on or about this day entered into a contract in writing
with the City of Fort Worth, Texas entitled Agreement for Professional Collection Services which
is made a part of this instrument as fully and completely as if set in full herein.
NOW,THEREFORE,if the said Contractor shall faithfully and strictly perform as set out in said
contract in all its terms,provisions, and stipulations in accordance with its true meaning and effect,
and shall comply strictly with each and every provision of said contract and with this bond,then this
obligation shall become null and void and shall have no further force and effect; otherwise the same
is to remain in fall force and effect.
It is further understood and agreed that the Surety does hereby relieve the City of Fort Worth or its
representatives from the exercise of any*diligence whatever in securing compliance on the part of
the said Contractor with the terms of the said contract, and the Surety hereby waives any notice to
it of any default, or delay by the Contractor in the performance of his contract and agrees that it,the
said Surety, shall be bound to take notice of and shall be held to have-knowledge of all acts or
omissions of the said Contractor in all matters pertaining to said contract.
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PROVIDED FURTHER, that if any legal action is filed upon this bond,venue shall lie exclusively
in Tarrant County, Texas.
AND PROVIDED FURTHER,that the said surety, for value received hereby stipulates and agrees
that no change, extension of time,renewal, alterations or additions to the terms of the contract or to
the work to be performed hereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of any change, extension of time,renewal, alteration or addition to the terms
of this contract.
In the event that the City of Fort Worth shall bring any suit or other proceeding at law on this bond,
the Contractor and Surety agree to pay to the said City the sum of ten percent (10%) of whatever
amount may be recovered by the City in said suit or legal proceeding, which sum of ten percent
(10%)is agreed by all parties to be payment to the City of Fort Worth for the expense of or time
consumed by its City Attorney,his assistants and office force and other cost and damage occasioned
the parties,it being agreed by them that the exact damage to the City would be difficult to ascertain.
IN TESTIMONY WHEREOF, witness our hands this day of
, 20_.
ATTEST: (Corporate Seal)
(Principal)
By: By:
Name: (Type) Name: (Typed)
Title: Title:
ATTEST/WITNESS: (Corporate Seal)
(Full Name of Surety)
By: By
Name: (Type) Name: (Typed)
Title: Title:
The foregoing bond is approved and accept this day of
2002.
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. .40-31-02 09:53am From- T-67B P-17/20 P-965
PD- D go D D
JDO DD
Bond # 61S103802380BCM
THE STATE OF TEXAS §
§ KNOWN ALL BY THESF,PRESENTS
COUNTY OF TARRANT §
THAT WE, Linebarger, Goggan, Blair Pena & S LT4P
"Contractor"and Travelers Casualty & Surety 2LP&1?1hncip4 herefiniter called'
, as Surety,a corporation authorized to
do business in the State of Texas as a surety,do hereby acknowledge ourselves to be hold and fa-mly
bound to the City of Fort Worth, a municipal corporation in The penal sum of FIFTY THOUSAND
DOLLARS. ($50,000)for the payment of which sum, well and truly to be made to the City of Fort
Worth, and its successors,we do bind themselves,our heirs, executor, administrators, successors,
and assigns,jointly and severally.
THE CONDITIONS OF THIS OBLIGATION ARE SUCH THAT:
MiMMEAS,the said Contractor has on or about this day entered into a contract in writing
with the City of Fort Worth,Texas entitled Agreement for Professional Collection Services which
is made a part of this instrument as My and completely as if set in full herain-
NOW,THEREFORE,if the said Contractor shall faithfully and strictly perform as set out in said
contract in all its terms,provisions, and stipulations in accordance with its true meaning and effect
and shall comply strictly with each and every provision of said contract and with this bond,then this
obligation shall become null and void and shall have no further force and effect; otherwise the same
is to remain in fall force and effect.
It is farther understood and agreed that the Surety does hereby relieve the City of Fort Worth or its
representatives from the exercise of any*diligence whatevev in securing compliance on the part of
the said Contractor with the terms of the said contract, and the Surety hereby waives any notice to
it of any default, or delay by the Contractor in-the performance of his contract and agrees that it, the
said Surety, shall be bound to take notice of and shall be held to have-knowledge of all acts or
omissions of the said Contractor in all ra<ltrters pertaining to said contract.
�-fl-31-02 09:54am From— T-678 P.18/20 F-965
PROVIDED FURTHER, that if any legal action is filed upon this bond,venue shall he exclusively
in Tarrant County, Texas.
AND PROVIDED FURTIMR, that the said surety, for value received hereby stipulates and agrees
That no change, extension of time,renewal, alterations or additions to the terms of the contract or to
the work to be performed hereunder shall in any way affect its obligations on this bond, and it does
hereby waive notice of any change, extension Of time,renewal, alteration or addition to the terms
of this contract.
In the event that the City of Fort Worth shall bring any suit or other proceeding at law on this bond,
the Contractor and Surety agree to pay to the said City the sum of ten percent(10%) of whatever
amount may be recovered by the City in said suit or legal proceeding, which sum of ten percent
(10%)is agreed by all parties to be payment ID the City of Fort Worth for the expense of or time
consumed by its City Attorney, his assistants and office force and other cost and damage occasioned
the parties,it being agreed by them that the exact damage to the City would be difficult to ascertain.
IN TESTIMONY VMEREOF, witness our hands This 5th day of
_August 20 02
ATTEST: (Corporate Seal)
linebarger, Goggan, Blair, Pena & Sampson
(Principal) LLP
By: By:
Name: (Type) Name: (Typed)
Title: Title:
ATTEST/WITNESS: (Corporate Seal)
-2f a-ve-1-a
(Full Name of Surety)
Gal"
Name: (Type) Karen Donahue Name: (Typed) Debbie Madison
Title: Account Manager Attorney At Fact
The foregoing bond is approved and accept this day of
2002;
ORDINANCE NO.
AN ORDINANCE ADDING SECTION 10-9 TO CHAPTER 10, COURTS,
OF THE CODE OF THE CITY OF FORT WORTH (1986),AS AMENDED,
TO AUTHORIZE THE ADDITION OF COLLECTION FEES IN THE
AMOUNT OF THIRTY PERCENT ON FINES,FEES, RETITUTION AND .
OTHER DEBTS OR COSTS.,ORDERED TO BE PAID BY THE COURT;
PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF
OTHER CITY ORDINANCES AND REPEALING ORDINANCES IN
CONFLICT HEREWITH; PROVIDING A .SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE
DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH,TEXAS:
SECTION 1.
Section 10-9 of Chapter 10, "Courts", of the Code of the City of Fort Worth
(1986), as amended, is hereby added to allow the addition of collection fees in the
amount of thirty percent on all fines, fees, restitution, and other debts or costs ordered to
be paid by the court to read as follows:
Sec. 10-9 Collection Contracts
(a) Pursuant to Article 103.0031 of the Code of Criminal Procedure, the addition
of collection fees in the amount of thirty percent is hereby authorized on each
debt or account receivable, such as fines, fees, restitution and other debts or
costs, (other than forfeited bonds) that are ordered to be paid by the court and
that is more than sixty days past due and has been referred to an attorney or
vendor for collection.
(b) A defendant is not liable for the collection fees under Subsection (a) if the
court 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.
SECTION B.
That this ordinance shall be cumulative of all provisions of ordinances and of the
Code of the City of Fort Worth, Texas (1986), as amended, except where the provisions
of this ordinance are in direct conflict with the provisions of such ordinances and Code,
in which event such conflicting provisions of such ordinances And Code are hereby
repealed.
SECTION 3.
A is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or final decree of a court of
competent jurisdiction, such ineffectiveness or unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance,
since the same would have been enacted by the City Council without the incorporation
herein of any such void, ineffective or unconstitutional phrase, clause, sentence,
paragraph or section.
SECTION 4.
That the City Secretary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two (2) days in the official newspaper of the City of Fort
Worth,Texas, as authorized by V.T.C.A.Local Government Code Subsection 52.013.
SECTION 5.
This ordinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORM AND LEGALITY:
David. , City Attorn Tyr�
Assistant Cit A omey
ADOPTED:
EFFECTIVE:
Nieman Ranks Puryear
a division of Frost Insurance Agency,Inc.
515 Congress Avenue Thirteenth Floor Austin,Texas 78701
(512)473-4520*FAX(512)473-4555
To: Steve Meeks
Linebarger Goggan Blair Pena & Sampson LLP
309 W 7th Street
Fort Worth, TX 76102-5113
From: Karen Donahue
Re: Linebarger Goggan Blair
Policy#103912834FW
Policy Dates: 08105102 —08/05103
Date: September 3, 2002
Message:
Please find attached another copy of the bond for Forth Worth. 'The company changed
the bond number and has executed another bond for the City. Nothing else has
changed.
Thank you,
Karen Donahue, ACSR
Travelers Property Casualty
J
A member of atigroup
RIDER
To be attached to bond known as Bond No. 61SI0380238OBCM
issued by TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
(as Surety),
in the amount of $50,000.00
effective August 5, 2002
on behalf of Linebarger, Goggan, Blair, Pena & Sampson, LLP (as Principal)
in favor of City of Fort Worth (as Obligee)
In consideration of the premium charged for the above bond, it is mutually understood
and agreed by the Principal and the Surety that:
The bond number has been amended to read 103912834
All other terms, limitations, and conditions of said bond except as herein expressly
modified shall remain unchanged.
This rider shall be effective as of the 5th day of August 2002.
Signed, sealed and dated the 26th day of August 2002.
Linebarger, Goggan, Blair, Pena &
Sampson, LLP
B
TRAVELERS CASUALTY AND SURETY,CW ANY OF AMERICA
Florence McClellan, Attorney-in-Fact
IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS
CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corporate seals to be hereto affixed this 2nd day of October 2001.
STATE OF CONNECTICUT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA
TRAVELERS CASUALTY AND SURETY COMPANY
}SS.Hartford FARMINGTON CASUALTY COMPANY
COUNTY OF HARTFORD
J�,Jyyp'5uyFp�,cQ DSG9F 0
Hl ~
QTY A,y A'StJ
K ARFr'ORD, Q HARTFORD, k 1982 o BY
ejCQNM. g CONN. o �� L
s� ' ,� George W. Thompson
Senior Vice President
I
On this 2nd day of October, 2001 before me personally came GEORGEM. THOMPSON to me known, who, being by me duly
sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF
AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the
corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals
affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by
authority of his/her office under the Standing Resolutions thereof.
I
EC�'� My commission expires June 30, 2006 Notary Public
Marie C.Tetreault
CERTIFICATE
I, the undersigned, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA,
TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY,stock corporations of
the State of Connecticut, DO HEREBY CERTIFY that the"foregoing and attached Power of Attorney and Certificate of Authority
remains in full force and has not been revoked; and furthermore, that the Standing Resolutions of the Boards of Directors, as set
forth in the Certificate of Authority,are now in force.
Signed and Sealed at the Home Office of the Company,in the City of Hartford, State of-Connecticut. Dated this c�lp ` day of
20 0
..� ► sw+fr'f`� Svr�TY ANp S �,►.SU„�<
HAATFOAa,t
6 HARTFORD. 1982�' o BY
C orn.ft coHN. � ,b Kori M. Johanson
• �� `61 ra{' a`x • �� Assistant'Secretary, Bond
City of Fort Worth, Texas
Mayor and Counci [ Communication
DATE REFERENCE NUMBER T_LOG NAME .
PAGE
6/25/02 C-'19'135 38FEES .1
1
1 of 2
SUBJECT AWARD OF CONTRACT TO LINEBARGER GOGGAN BaIR PENA & SAMPSON, LLP
TO PROVIDE COLLECTIONS FOR DELINQUENT ACCOUNTS FOR THE MUNICIPAL
COURT AND ADOPTION OF ORDINANCE AUTHORIZING ADDITIONAL
COLLECTION FEES
-RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to execute a contract with Linebarger Goggan Blair Pena & Sampson,
LLP, a Texas law firm, toprovide collection services for Municipal Court; and
2. Authorize this agreement to begin October 1, 2002, and expire September 30, 2003, with options to
renew for three additional one-year periods; and
3. Adopt the attached ordinance authorizing.the additional collection. fees in the amount of 30% on
fines, fees, restitution and other debts or costs ordered to be paid by Municipal Court.
DISCUSSION:
The award of the collection services contract to Linebarger Goggan Blair Pena & Sampson. LLP, a
Texas law firm, will replace a contract executed with State Metropolitan & County Services (SMCS) on
September 25, 2000. City-Secretary, Contract No. 26429 was renewed with State Metropolitan &
County Services to provide collection services to Municipal Court from October 1, 2001, through
September.30, 2002.
The collection services contract with Linebarger Goggan Blair Pena & Sampson, LLP will be two-fold.
The first provision of the contract will be executed under Article 103.0031, Code of Criminal Procedure,
Which allows the addition of a 30% collection fee to the'am' ount owed on a citation upon which a judgement
has been entered (these are.known as adjudicated cases). The 30%.fee, which was authorized in the
2001 legislative session, is paid to the contractor only when payment is received on the citation. In
of to add the 30% fee on adjudicated cases, the City Council must authorize, through the adoption of an ordinance, the addition of the fee as allowed under Article 101,0031 of the Code of Criminal
Procedure.
Under the second provision of the contract, the contractor will receive 25% of any eligible monies
collected on all non-adjudicated cases. The 25% collection fee will be paid from the amount owed on
the citation. The 25% fee is only paid when payment is actually received on the citation.
Linebarger Goggan Blair Pena & Sampson, LLP is in compliance with the City's M/WBE Ordinance by
committing to 5,1/o M/WBE participation. The City's goal on this project is 5%.
City of Fort Worth, Texas
Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/25/02 C-19135 38FEES 2 of 2
SUBJECT AWARD OF CONTRACT TO LINEBARGER GOGGAN BLAIR PENA & SAMPSON, LLP
TO PROVIDE COLLECTIONS FOR DELINQUENT ACCOUNTS FOR THE-MUNICIPAL
COURT AND ADOPTION OF ORDINANCE AUTHORIZING ADDITIONAL
COLLECTION FEES
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budget, as appropriated,
of the General Fund.
LW:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Libby Watson 6183
Originating Department Head:
Elsa Paniagua 6711 (from) APPROVED 06/25/02
GG01 539120 0381000 ORD.#15144
Additional Information Contact:
Elsa.Paniagua 6711