HomeMy WebLinkAboutContract 29317 CITY SECRETARY
CONTRACT NO. Z _.
11 -21 -03AI I:43 RCVD
STATE OF TEXAS §
COUNTY OF TARRANT §
FIRST RENEWAL OF CITY SECRETARY CONTRACT NUMBER 27919
AGREEMENT FOR
PROFESSIONAL COLLECTION SERVICES
THIS FIRST RENEWAL 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,
Denton and Wise Counties,and Linebarger Goggan Blair&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 lawfiil 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 ruireasonable 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. Referrals shall consist of:
• DELINQUENT CASE referrals consisting generally of traf. fj r u
complaint citations which have been in delinquent status over six ( J1 � � ..
v
• WARRANT REFERRALS shall consist generally of traffic and general complaint
cases that have been in warrant status over sixty(60) days.
2. Weeldy referrals shall consist of:
• Delinquent traffic and general complaint cases as cases meet the delinquent status
over sixty(60) days.
• Warrant referrals of traffic and general complaint cases as cases meet the warrant
status over sixty(60) days.
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 Muunicipal 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
comin-imicate with the person,through the postal sei vice 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 terininated. 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 first renewal tern of this contract shall be for a period of twelve(12)months beginning
October 1, 2003, and ending September 30, 2004.
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 after the beginning of
the renewal tern. 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.
3.
Compensation.
1. Non-adjudicated Cases issued prior to June 18,2003
(a) For all non-adjudicated cases issued prior to June 18, 2003, (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 ainowit equal to twenty-five(25%)percent ofthe Compensation Base
Amount at the time of referral.
(b) The Compensation Base Amount shall be equal to the actual monies collected on cases
referred to Contractor for collection,less any mandatoiy fees/taxes collected by and retained
by the City or paid to the State or any administrative, dismissal, warrant, arrest fees or any
other amo-uit/fees retained by the City provided that:
(1) payment is received by the City during the contract term and within thirty(3 0)days
of Contractor's collection activity;
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(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 ainolults 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 fi om 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 firther agrees to provide to Contractor,within seven(7)days of the preparation
of the list by the City,a final list of citation numbers corresponding to those persons
that are eligible for refusal of their auto license registration or drivers license
pursuant to state law.
(e) For all cases referred by the City to the Contractor, for which the City is paid less than the
aggregate total to be collected,the allocation to the Comptroller,the City and the Contractor
shall be reduced proportionately consistent with Article 103.0031(e) of the Texas Code of
Criminal Procedure.
2. Adjudicated Cases and Non-Adjudicated cases issued on or after June 18,2003
(a) For all adjudicated cases and for all non-adjudicated cases issued on or after June 18,2003,
(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 original judgment debt ("Allowable Collection Fee')
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which shall be added to the original judgment debt that is more than 60 days past due and
consistent with City Ordinance No. 15144.
(b) The Allowable Collection Fee shall be an amoiuit equal to thirty(30%)percent of the actual
monies owed by the defendant which shall be added to the original judgment debt at the time
of the initial referral. 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 docunzentuzg 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) The collection fee will not apply to any case that has been dismissed by a court of competent
jurisdiction or to any amount that has been satisfied through time-served credit or community
service. The collection fee may be applied to any balance remaining after a partial credit for
time served or colminulity service if the balance is more than 60 days past due.
(e) If the money received from a person owing fines, fees, restitutions, or other debts or costs
ordered to be paid by a court is an amouuit that is less than the total costs owed by the person,
including the thirty(30%)percent collection fee authorized in Subsection(b);the allocation
to the Comptroller,the City and the Contractor shall be reduced proportionately consistent
with Article 103.0031(e) of the Texas Code of Criminal Procedure.
(f) Contractor shall receive no additional (ands 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 amouults 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 amouuits set for the above,unless additional
services are required and payment is approved in advance by the Fort Worth City Council. City will
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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 Mtulicipal Court Services. Each report shall
contain the number of referral received by the Contractor fiom the city,the total amount collected on
the referrals, and the total payments made to the Contractor and the City for that quarter.
9.
Personnel and Contractor's Representations.
Contractor is responsible for the hiring,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 past of the services compensated in this contract.
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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 tern. Contractor shall invoice the City for the amount calculated to be paid by
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. Ili determining the fee to be paid to the Contractor for services
rendered on non-adjudicated cases, the term fines and fees shall not include less any mandatory
fees/taxes collected by and retained by the City or paid to the State or any administrative,dismissal,
warrant, arrest fees or any other amount/fees 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 Muunicipal Court at the Public Safety & Courts
Building, Fort Worth, Texas 76102-6382, or refer all inquiries to the Court at the Public Safety&
Courts Building, 1000 Throckmorton St., or telephone (817) 871-6700. No payments shall be
solicited or accepted directly or indirectly by the Contractor. If any payments are received by
Contractor, Contractor shall remit same in full to the Municipal Court on a daily basis. If any
payments are received by Contractor on warrant status cases,Contractor shall require citation holders
to execute a waiver absolving the City of liability for actions that might occur until information on
payments is entered into City records. Contractor shall not enter into any agreement authorizing
delay of payment, suspension of warrant, or suspension of fine owed. Contractor shall make no
promises or offers of delay or stay of execution of an wipaid citation or warrant.
6.
Administration.
All services performed tinder 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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11.
Insurance.
(a) Contractor shall take out and maintain such policies of insurance as may be required by the
City for its operations uuider 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
Huuldred 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 1A or higher,A or higher by
Standard and Poor's or higher by Moody's hzvestors 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
`Attaclunent 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.
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Independent Contractor.
Contractor shall perform all work and services hereunder as an independent contractor,and
not as an officer,agent,or employee of the City. Contractor shall have exclusive control of,and the
exclusive right to control the details of the work performed hereunder, and all persons performing
same,and shall be solely responsible for the acts and omissions of its officers,agents,employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
the City and Contractor, or Contractor's officers, agents, employees and subcontractors, and the
doctrine of respondeat, superior shall have no application as between City and Contractor.
s
13.
Compliance with Law.
Iii 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, wluch 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 governinental
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 farther 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 assigmnent 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 Linder 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(3 0)days notice in writing to
Contractor. During this period,the Contractor will continue to perform collection services for thirty
(30) days Linder the terns of the contract. Upon termination, Contractor shall provide a statement
showing the detailed accounting for all City collection accounts.
In the event of breach of any the provisions of this contract by Contractor,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& Sampson, LLP
Attention: Director of Client Services
Post Office Box 17428
10
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 here-under 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 parry,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 requirements:
• Provide hardware capable of running Attaclmmate or equivalent software that will allow
Contractor to access specified court transactions. Equivalent software must be able to
perform all critical functions of Attach mate 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 that 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.
22.
Choice of Law; Venue.
This contract shall be construed in accordance with law of the State of Texas. 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.
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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 uueenforceable in ally 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
salve is in writing, dated subsequent to the date hereof and duly executed by the parties hereto.
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 parry 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 tern,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.
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EXECUTED on theCQ day of k Aev ' 2003
LINEBARGER GOGGAN BLAIR& SAMPSON,LLP
By: /
or lie Firm
Title: k'1
CITY OF FORT WORTH
By:
Charles Boswell
Assistant City Manager
APPROVED AS TO FORM AND LEGALITY:
David Yett, City Attorney
Assistant Ci A orney
ATTEST:
i Gloria Pearson
U City Secretary
Contract Authorization
Date '� 'u US� I�JUSIJ
13
u ARV
'0 � Ex.
]DD D D D
D 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 iii the State of Texas as a surety,do hereby acluzowledge 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 suun,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 full 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 lulowledge 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 tune,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 stun of ten percent (10%) of whatever
amount may be recovered by the City in said suit or legal proceeding, which sun of ten percent
(10%) is agreed by all parties to be payment to the City of Fort Worth for the expense of or time
constuned 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 Narne of Surety)
By: By:
Name: (Type) Name: (Typed)
Title: Title:
The foregoing bond is approved and accept this day of
52003.
15
NOV-17-2003 MON 02;56 PM NIEMAN HANKS PURYEAR FAX NO. 5124734555 P. 02/02
„ AOW ii BlLVD., SMTE 100
J HOUS O N, ate 77014
�{
Phone: (2$1) 5864714
Fox: (281)5s3-W9
JUN
NIEMAN HANKS PUR'YEAR(ONL935) m&y 28,2003
515 CONGRESS NVENEW
13TH FLOOR c?
AUSTIN,TX 75701-3503
This is an Agent Bill P*ltiey- .�
T&is is the Renewal for: LIi BAY���R, GOGGAN,BLAnt&SAIVMON,L.L.P.
10211VIuin Street, 15th.Floor
HOUSTON,TEXAS 77'002 LISA,
Bond Number: 103912834
Type of Bond. Collection Agencies
Obligee Name: City of Fort Worth
obligee Address: 100OThrocl€nnorh)n Street
Obligee City, State&Zip: FORT WOPTH,TEXAS 76102 USA.
Transaction Effective Date: August 05, 2003 C
premium irffective Date: August 05g 2003 (�
premium P-xpiry Date: August 05,2004
Bond Limit: $50,000.00
Bond premium: $500
Commissioa-Perc=tage: 15-00%
Special Commission: $.00
Countersignature Branch.:
Countersignature Commission: $0.00
State Tax: $0.00 /A t f
State Surcharge: $0.00 0 T
TOTAL.PREMU 1: $500.00 � �r;,a r 17.E
Comments:
Thank you for placing your business with us.
S-4123 (9/96)Fmmlum Evidcnee AGENT COPY