HomeMy WebLinkAboutContract 27919 (2)�
STATE OF TEXAS
, , G�TY ���F����4f��i •
C�Ni�A�Y N{� . ��L�
AGREEMENT FOR PROFESSZONAL
CUZLECT�ON SERVICES
COUNTY OF T�RRANT �
THIS AGREEMENT is made by and between the Ciiy of Fort Worth, Texas (City), a
home-rul� municipa,I corpora�ion of the Staie af Texas, located witiain Tarirant and Denton Counties,
and Linebarger Goggan Blarr Pena & Sampsan, L.L.P. (Conixactox}, a Texas law fiz�, both parties
acfing herein by and through their duly authorized representaYaves.
1.
Scope of �ervices.
{a} Cantracto�r agrees to perform, using its best efforts as defined in Subsection (f} 1, {e) 2, (e)
3, thrraugh lavvful means, profe�sioz�al collection seivices for the Fort Worth Municipal Court
on those cases refe�red fo Confiractor by the City's Mulaici�al Caurt Department. The scope
of work shall include aIl aetiviti�s and functions generally required of a professional
collectaon services firm in the business of collecting delinquent fines, fees, rest�tution, and
other caurt ordexed dabts and costs for a mw�icipality. rt is understood and agre�d that t�is
is a contract for pxofessional collection services only, and not an assignment or transfer of
any property or ownership interest in and to �he municipal court citations ar monies rea�i.zed
there from. Cantractar understands ax�.d ackn.ow�edges th� differenee between a Municipal
Caurt case and an account receivable and will conduct its servic�;s hereunder aecardingly.
(b} The City shall have complete discretzon regarding the nurnber and type o�' cases subrnitied
to Confi�ractar for collec#ion services.
(c} All services pro�vided by the Cantzactox he:reunder shall be performed in accordance with the
degree of care and skill ordinari�y e�ercxsed u�der similar circumstances by competent
members of the professian in �e Sfiate o�' Texas applicable to such services contemplated by
this cani�act and Contxacfor sha11 be responsible £or aIl servzces pxovided hereLtnder.
Canixactar shall pe�form al.l duiies and services and make all decisians called for hereuz�der
promp�ly and wi�hout unreasonable delay and will give these services such priority i� ]aais
office as is neeessary to caus�: Contractor's servi.ce hereunder to be tirnely and praperly
performed.
1. �tarf up refez�rals shall consist of:
DELINQiJENT CASE ref�rrals consis�ing generally of traffic an.d general
coranplaint citaiions which have been in dalinquent status aver sixty (60) days on
adjudicaied. cases and thirty (30) days on non-adjudicated cases.
WARRANT REFERRALS sha1� consist generally of traffic and genexai complaint
cases that have been in warrant status over si�ty {60) days an adju ':- -- - ��,I --
thiriy (30) days on non-adjndicated cases. k� ��� o�_ *���s€��
� �-� + �
� ��� =� x��
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" ':�i �:. �,
All Start-up referrals wi11 be rnade by the City to the Contractor thirty (30} days fram
effect�ve date of contract.
2. Weekly re�errals shall consist af:
� Delinquent �raffic an�. general compi2�int cases as cases meet the delinquent stalus
over sixty (60) days criier�a on adjudicated cases and thirty {30) days an non-
adjudicated cases.
o Warrant referral� of �raffic and general complaint cases as cases meet fhe wax�rant
staius over sixty (60} days criteria on adjudicated cases and �hiriy (30} days on non-
adjudicated cases.
3. All infonmatian suppliad by the City to the Conf�actax shall be kept canfidenhal and not
disclosed to parties other tha�i the Confxactor's emplayees on a need to l�ow basis for
the puipose of cantract performanc� and to fhe warrant holder or spouse af th.e warrant
holder.
(d) Cases submitted to Cantractor for collection services will not include cas�s involving
juv'�nil�s or cases referred to Teen Caurt.
(e) City makes na express or implied warraniy to the Contraciar regarding the accuracy of any
data provided on the referred cases, nor �daes it malc� any express or implied warranty
concerning the value ar collectability of any amounts from the referred cases.
( fl Contractor shall provide such informa.taon an its activity canceming the re%r�red cases as may
be reasonably requested by the Municipal Caurt Director of the City.
Conixactor sha11 make at least �ee (3) contacts within a 6-rnonih period from date
of initial refer7ral. �
2. Contractor shall �ake at least ane written coniact �ia Postal services wifhu�. 60 days
of receiving the initial refez�rai data from the City, unless t}�e Contractor recezves
writte�, approval frozx� the Municipal Court Di�ector to wai.ve this requirement. The
fox:mat and language o£ all written correspondence shall be expressly approved by ihe
City. All costs associ.ated with the letter and mailing casts shall be paid by the
Coni�actor.
3. Confractor shall make a� least one telephone cantact with th�.person within thirty {30)
days of receiv.ing thE initial referral data from the City unless the Contractor rec�ives
written approval from the Murucipal Caurt Di�ecior to waive this requiremeni. The
general formai of aIl scripts shaIl be approved by tha City. Al� costs associa�ec� with
�he telephone contact shall be paid by the Con�ractor.
2
4. For purposes of this S�ction, `conta,ct' sk�a11 znean exhaustin� all available mea.�s to
coxnmu�icate with the person, through the postal service andlor telephane by means
of the informatzon provided to ihe Contracfor by the City ox azzy ofher method that
is xeasonabiy accessible to the Cantxactor.
5 Any aud all w�ritten or telephone contacfs sl�all cease upon Contractor's no�ice by the
City that the case has been handled 'zn some way that precludes cantact, or when the
con�ract is ter�ninated. If a case becomes delinquent again or a war�rant is issued
again, a.Il requirements in Sect�on (fl shall apply.
6. No co�tacts will be made in person by �he Contractor to the citation ar warrant
holc�er.
�.
Cnntract Term.
The prian term o� tkais con�rac� shall be for a pe;ri�od of twelve {12) months
beginning 2002, a�d endang ���� � , 200� .
The Gity ax�d Contracior a�ree that the City shall review ihe perfarmance o�the Contractor
I 80 days after the Coniracior performs the first mailir;g �'or collection. If for axxy reason the
City is dissai'rsfied with the performance a£ �he Con�ractor, the City may termzn,ate this
cantract without cause by giving thirty (30) days na�ace in writing to Con�ractor.
In addit�on ta ih� pr�mary term, this contract rnay be r�n�wed b}� tlie City, at zfis discretion,
for up to three (3) additional successive one {1} year:renewa� temas an �he same teixns and
conditions as this agreernent, exce�t as may be madified by mutual agreement of tbe parties,
by the giving ofwritten notice to Con�actor not later than ninety (90) days before the ena
af the pnmary or extended term.
3.
Compensation.
1. Non-adjudicated Cases
(a} For all non-ad�udicated eases, {non-adjudicated cases are defined as �xose cases where a fine,
fee, restitu#ion., ar o�her d�bt or cost has not been ordered fio be paid by a court, i.e., where
a�lea has a�ot been �ntered or a judgment rendered) City w7i11 pay Contractor an amount
equal to iwenty-five {25%) percent of the Cornpe�ation Base Amoun�.
(b) The Compensa�ion Bas� Amount shall be equal to the acival mozues collected an cases
refarrad to Contractor �or collec�ion, less arry administranve, di.smissal, or arresi fees and
cot�rt costs required to be collected by and/or retained by the Ci�y ox paid #a the State,
provideci that:
�
(1) payment is received by the City during the con#ract term ax�d with,in thirty (30) days
of Contractor's callection activity;
(2} �ontractor has provided collection services i� accordance with ihis contract on f,kie
case on which money has been collected; and
(3} Coni�actar has provided v�rification ta th� City documenting its callection activi�i�s.
(c) No compez�sation wi11 be paid io t�e Contractor:
(�) afte�r �he arrest of the defendant by the City or an outside agency; or
(2) on wa�rants or deli.nquent cifations fhat are paid as a resu�t of thc: refusal of
defendani's auto licenae registxation pursuant to state law or City natificatipn of
eligibility to defendant fox same; or
(3) on warranfs or delinqnent eitations tha.f are paid as a result of notification by the Gity
of refiisal of renewal of a Defendant's drivers Iicense pursuant to sta.te law or Ciiy
notification of eligibility to defendant for same,. or
(4) on amou�ts uncollected.
(d) (1) For the ptupose o�this Se,ciion, payment will be pres�xmed to �ave occtxrred as a result
of de�endant's auto license registra�on or driver's license renewal if payment �s
recei.ved by the City durin� the mon�h that said auto licensa reg�ist�ration or drxver's
license is schedul�d for renewal ox witivn 60 days fmm the da.te of City's notificatian
to defendant o.f saine.
{2) City agrees to provide to Co�atractor, within seven (7) days of the preparation af i�e
list by fhe Ciiy, a pre�iminary li�t ofcitation numbers coxresponding to �iiose persons
that are e�igible �or refusal a� their auto license registration or drivers licea�se
pwrsua�x ta sta�e Iaw. �
(3) City fiu�iher agrees �o provide to Cantractor, within s�ven (7) days o�the preparation
of the list by the City, a final Iist of ciiation numbers corresponding to fihase persons
that are e�igible for refusal of their auto �icense re�istra�ion or drivers �icense
pursuant to state Iaw.
2. Ad,judicated C�ses �
(a) For all adjudicated cases, (adjudicated cases a�re deftned a,s thase case5 where a fine, fee,
restitntion, or ather debfis or cosis k�ave been ord�red �a be pai.d by a court) Cvntractor's
compensation shall be an amount equal to thiriy (3Q%) percent of the judgment debt
("Allowable Co�.ection Fee'} which s a11 be added fio the original ju�.gment debt consistent
wrth Czty Ordi.nance Na. �� �� . For all cases referred by the City �a the
Confractor, for which the City is paid, in w�.a1e ox� i.n part, Contractor shall receive the
allawable Collection Fee in full, and such manies as may be rerriauung shall be allocated in
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�qual parcentage to fihe State and City, consi�ient with Artzcle 103.0031(d} of the Texas Code
of Cri�nr�ixxal Procedure.
(b) The Allawable Collection Fee sha1l be a� amount equal to t�iiriy (30%) percent of the actual
monies ow�;d by ihe defendant wbich shall be added to the original judgrnent debt. The
allowable callection fee in �e azxaaunt of thirty {30°/4) percent shall be added to the ariginal
judgment debi that is more than sixty (60} days pas� due and has been refarred to Con#ractar
�or collecCion, providec€ that:
(1) payment is received by the City during the con�ract term and witlun 30 c�ays of
Con#ractor's collect�on activity;
{2} Contractor has provided collection services in accordance with thi.s contract on the
case on which money has been collected; and
(3 ) Contractor has provided verification to the Cii�+ docEunenting its collection activiti�s,
(c) If a court of original jurisdic�ion determines that the defendaut is indigent or has insufficzen�
resowrces or income or is otherwise unable to pay all or part of the underlying fine or costs,
the de£endan� shall not be liable fox the thiriy (30%} percent collection fee authorized ir�
Subsection�(b).
(d) Tf the money received fram a persan owing fines, fees, restiiutian.s, ax ofk.ier debts or cost�
ordezed to be �aid by a court an amount ihat is less than the tatai costs awed by the persan,
including the thirty (30%) percent eollection fee authorized in Sub�ection {b}, the a�maunt af
casts collected otherwise required to be se�.t ta the comptroller and the amount pemvtted to
be reta�ed by fi.�e City grill be reduced by an equal percentage in order to f��l compensate
the
Contrac�or as required per Article 1 �3.Qa31 of the Texas Code of Criminal Procedure.
(e) Contractor shall receive no additional funds or compensatior� far service-related expenses,
sucl� as reproduction costs, m�leage, delivery serviae, long distance telephone calls, etc.
Con�ractor sha11 receive the Allawable Caltacnon Fee based upon the amount collected upan
final disposi�ion of �he j�tdgment and, upon submission of an itemized statement reflectin�
#b.e am.ounts collec�ed, which shall be reconciled with the caurt's recoxds o� the City.
4.
P�yments by Cxty to Ca�ntractor.
Total payment to Contractor s�iall not exceed the amvunts set far �he alaove, unless addiiional
services are requi�red and payment is appraved in adva�ce by �Ii� Fort Worth City Council. City r�,ill
make rrionthly payments to Cantractor, u�il�zing a reporting forrnat and payment terms as may be
mutually agreed upon by City and Contractox, begintung with the first calendar manth follovcr�iz�.g the
start of tli� contract tex�n. Contractor sha11 invoice the City for the amount calculat�d to be paid by
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the City. Fznal pay�ne�t to Confractar shall be made vciithrn thirty (30) days after �e final coniract
month.
Bo�kh the City and Cont�actor will revie�v the appropr�ate cases for which payrnent is due the
Contxactor on a manthly basis. T� d.etermining the fee to be paid to the Contractor for services
rende�ed on non-adjudicated cases, the term fines and fees shall not include `COSTS' or `CDURT
CQSTS' {mandatory feesltaxes collected by the City and paid ta �ie State or any amount retained
by the Ciiy).
�.
Payments by Ciiation Holders.
Tn both written and ielephone contacts the Contractor shall ins�ruct the citation holder to
make all payments fo the City af Fort Worth Municipal Court at the Pub�ic Safety & Caurts
Building, Fort Woz-�h, Texas 76102-6382, or refer a11 inquiries to the Court at �he Public 5afety &
Courts Building, 100Q Throckmorton Si,, ar telephone (817) 87�-6700. No payments shall he
solzczted or accepted di�ectly or indirecily by fihe Coniractar. If any payments are xeceived by
Coni�aciar, Contractor shall remit same in full to the Municipai Court on a daily basis. If auy
payments are raceived by Conirac�or on warrant staius cases, Contractor sha�I require cztation holders
to execute a waiv�r absolving the City of liability for actians �hhat might occur wntil i.nformation on
pa�rnents is en��red irxto City records. Con�actor shall not enter into any agreement authorizing
delay of payment� 5115�]�:T1510I2 Of W�I7a11�, or suspension of fine owed. Contractox shall make no
prami,ses ar o�fers of d�lay or stay of execution of an unpaid citation or war3rant.
G.
Administration.
.All services perfarrned under this Contrac� shall be caordinated with and performed to the
sati�iact�an of the Municipal Court Director for the City {the Director). The Director, or her
designated represeniatiee, may meet with Contractor on a monthly bas:is to recancile all collected
�COLLII�S.
�%.
Costs of Collec�ion.
Contractor sha�X bear all costs of collection, including but not l:uni�ed to, compensation fbr
service-related expenses, such as reproduction cos�s, mileage, delivery service, Iong distance
telephone calls, etc.
0
a,
Quarteriy Reports.
Contractor shall prepare and provide quarterly repor�s indica�ing the performance of services
by the Cantractor und.er fhe terms of �he cantract. The repart shall be prepared each quarter far the
City Gouncil re�riew and submitted to the Director of Municipal Court Services. Each repart sha.11
contain the number of referrals received by the Cantractor from �e City, tiie total amount collected
on the refe�rrals, and the total �aym.ents made to Contractar and �he Gity for that quaxter. �
9.
Personnel and Contractor's Representations.
Contractor is res�onsible for the lairing, training and suparvision of all personnel necessary
far t�ze perfortnance of �his canb'act, Coniractor hereby represents, promises and wa�rant to the City
thaf Contractor is $nanczal�y solv�nt a.nd possesses sufficienf expez-�ence, autkzarity, perso�nrzel and
working capital ta compl��e the services requiared hereunder.
10.
Indemni�ication
Contracfox cav�nants and agrees to indern�z�y, hold harmless and defend ihe City, its
officers, agents and employees from.any and all claims or suits �or property damage or loss and/or
personal injwry, including death, to any and all persons, of wha.tsoever lflnd or character, whether real
or asserted, arising out of the work and s�rvic�s to be performed hereunder by Coniracior, its
officers, agents, employees or subconfiractors, V�'HETHER OR NOT CAUSED, lN WHOLE QR
rN' PART, BY THE ALLEGED NEGLIGENCE OF THE OFFICERS, AGENTS, OR
EMPLOYEE� �F THE CTTY. Contractox covenan.is and agrees to indernnify, hold harmless azzd
d�fend the Ci#y, ifs officers, agents and employees from any and all claims or suiis ar for any
expense arising oui of ox in eorrnectaan wit�i, directly or ir�.di��ctly, ih� collection s�rvices per%rmed
under this contract WI�T�R UR NOT SAID LO�S, DA11�G�, LTABTLTTY OR EXPEN�E
I� A RESULT OF THE ALLEGED NEGLIGENCE OF THE CYTY, TT� OFFICERS,
AGENTS �R EMPLOYEES. This indemniiy shall include without limita.tion arry reasanable and
n.ecessary attorney's fees for th� defense of any ciaim hereunder including any appeal o£ said claims.
The Zndemuity provision ofthis contract shall have no application to any claim ox dem�,tad which
is the resu3.� of the sole negligence ar faulf of the City, its officers, agents, ar ernpioyees.
In the event that litigation i� ini�iated agar.nsfi the City by a defen�.ant co�tacted by the
Contractor in the calleet�on activity af the Contractor, tk�en the Contractar ag,rees to represent the
City in such li�igatzon as a part af the services compensated in this contract.
'1
11.
Insura�ce.
(a) Con�racto:r shall take out and maintain such p��icies o��urance as may be required by �e
City £or its operations under this confract. At pxesent, such insurance shall consist of at least
�ie following:
(1} Sta�ia.tory warker's compensa#i4n i.nsurance;
(2) Gen�:ral cainmerciai liabiliiy policy with a combined single limi� of Qne MiZlion
Dollars ($1,000,000);
{3) Professional Liability (errors and omzssions) insurance in an amaunt of at leasY One
Hundred Thousand Doliars ($1 Q0,000).
(4) Em�aloyee's dishonesty bond in an amount of at least Ten Thousand Dollaxs
($10,000) per occurrencc, io run in favo�r of the City as its inierest may appea,r. A
coxporata surety authorized to do business i.xi the state af Texas and otherwzse
acceptab�.e to the City shall execute the bond. A copy of the Official Bond shall be
attached as evidence of t�e execution oi said bond and shown as "AttacY�ment B"
k�ezeta.
(S) Coniractor shall pravide City a perfbrmance bond or Irrevocable �tandby Letter of
Credit guaranteeing contractor's perfonnance of th� terms ar�d conditions of ihis
contract. Such bond or letter of credit shall be in the amount of Fifly Thousand
Dollars {$SO,QpO). A�ettex of credit shall be an irrevocable Ietfier of credit issued by
FDIC insured banking insfitution with a debt rating of lA or �uigher, A or higher by
Standard and Poor's or higher by Moody's Investors or a co�nparable rating by
anothez rating systexn accepta�le to �he City. A corporate surety authorized to do
busi.ness in the state of Texas and otlaerwise acceptable ta the City sha11 �xecute the
bond.. Th�; fnrm a£ the bond or the irrevocable l�t�er of credit is that shown as
°Attachment A' hereto.
(b) Coniractor wi�l providE ap�propria�e certificates af insurance as evidence of th� above
caverage upon ih� szgning of ihis Coni�act. Coniractor agre�s ilxat aIl insurance
palicies will list th� Contractar as the insured and ihe `City of Fart Worth', i�s
officers, ag�nts and employees as an addit�onal insured.
1 �.
Independen# Confractor.
Contractar shall pex£axm all worl� and services hereunder as an indEpendent contractor, aaid
not as an otf cer, agent, or employee of �he City. Contxactor shall have exclusive cantrol o�, and fihe
exclusive right to control �he de�ails oitJa�e work per�ormed hereunder, and alI pe:rsons per�orming
same, and shall be solely responsibl0 for ths acts and omissions of i�s officers, agen�s, ernployees
and subcontrac�ors. Nothing herein shall he construed as creating a parinership ar jvint vent�re
behveen the City and Contractor, or Contracfor's officers, agen�s, employees and subconiractors, atxd
the doctrin� of respondeat superior shall have no app�ication as hetween City and Contractor.
13.
Compliance vwith Law.
In perfarming collection services hereunder, Con�ractor shall comply at ail times �vvitka all
Federal, State, and local laws, regula�ioz�s and ardinances and policies af #he City, which in any
manner affect the Con�ractox or ihe sernices, including those related ta debt collection. Coniractor
shall indemnify and hoid harmless t�te City against any claim, arising from �he vialation of such
laws, ordinances, and regula�ians v�hethex by the Contractox or its agents, subcontractors, officers,
directors, owners ar employees in accordanca with Section 9 a�fihis con�raci.
1�4.
Permits.
Contractor shall obtain, at its expense, any necessary �ern�its from any ga�ernin�ntal
au�horzty �or the perforn�ance of the servic�s hexeunder.
I�.
Recards, Statements, Reports.
Contracfiar and its permitted subcantractors sha11 keep and maintain a.�curate records relaii.ng
to activity on cases reFErred by the City to Contractor for a per�od of three (3} years a.fter final
payment under this contraci or any subcontract.
16.
Right to Audit.
(a) Conixacior agrees that the City sha1l, until the expiration of three (3) yea:rs after final payment
under tkis contrac�, hav� access to and the right to examine azly baaks, docuxnents, papers a�d
records flf the Contractor involving �ransactions xelatzza.g to f.hi[s contract. Contractor agrees ti�at the
City shall have a�c�;ss during normal woxking hours to all necessary Co��ractax faciliiies and shall
be provided adequate ar�d appropriate workspace i�t order to conduct audits in campliance wi.th the
provisions of ihis section.
(bj Contractor further agxees to include in its subcantractor agreements hereunder a pro�ision
to the effeet that:
(1) Subcontracfior agreEs that the City shall, Unti1 fhe expiration af three (3} years after
f�nal payment under the subagreemeni, have access to az�d �e right to examine any
bnoks, documents, papers and reeords af such subcontxactax, involving transactions
re�ating to the subagxeement; and
(2) the City sha�l have access during narmal workzng hours to all subcontractor facilities,
and shall be provided adequate and appropriate waxkspaee, in order to conduct audits
in car�pliance with the provi�ions v� tlus article.
0
(c} Nothing b.e:re:in sha�l be cons�rued as limiting City's r�ghts of access to any examinatian
of baoks, documents, papers and recards thai may exist independez�tly of this contract
provision.
I7.
.Assignment.
Except as otherwis� required herein, Con�ractor may na# assign or brans�er any interest it�
the Coniract nor d�legate the perfarmance o:f any �.ufies hereunder without the wriiten consent of
the City Manager and any such aitempted assignment without priar wriiten consent shall be void,
Provided, however, thai Contractar shall be permitted to subconixact work to enable Contractor
to cornpIy with M/WBE requirements of this Contract.
. 1 S.
MIWSE Participation.
Contractor agrees to comply with �he Ciiy's Minority/Wom�n's Business Enterprise
(M/�7-BE} Ordinance {D�rdinaxice No. 11923) and any subsequent amend.ments thereio by comrnitt�g
to �ve percent (S%) M/WBE part�cipation on aI� non-adjudicated cas�s.
19.
Nondiscrimination.
As a condition of this contraet, Contractar covenants �at it wi11 take all necessary action to
insure that i.n connection with any work ut�der this contract, the Conixactor, wi11 noi disoriminate in
the treatx�n.ent o:r empla�rnenfi o�' any individual or groups of indivic�uals on ihe grounds of race, colo:r,
religzon, national origiz�, age, sex or pJ�ysical handicap unrelated to job p�rformance, either directly
or indisectl�' or through coniractual or other arrangements.
�0.
Termination.
City may terminate ihis contract wi#hout ca�.se by giving thirty (30} days notice in writiz�g
to Contractar. Durir�g this period, fhe Contractor will continue to perform collectio� services for
thirty {30) days under the texms of #he contract. Upon terminaiion, Co�tractox shall provide a
statement showing the detaa�ed accauxzti�g for all City callec�ion accounts.
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In �e evenf of brreach of any the provisions of thzs con.i7ract by Confxactor, City may terminate this
contraci ixnmediately by givi�g written notice to Contractox. Contrac�ar's address �or n4tices given
puarsuant �o f.hi.s contracf shall be giv'en as follows:
Linebarger Goggan Blair Pena & Sampson, LLP
Attention: Director of Clien# Sezvices
Post Office Box 17428
Austin, Texas 78760
o�r
1.949 South IH 35
Austin, Texas 78741
�1.
Use af City-Supplied Data; Access to Da�a.
Contractor and its p�rmitied subconiractors shall make no use of the infozmation s�ip�lied
by the City hereunder exccpt #'or tl�e purpose of providing coll�ction services pursuan� �o t�zs
Contract. Contractor and its subcontraciors further shall not sell, transf�r, as�:ign or atherwise make
available to axsy oth�r party, whether for consideration or for no consideratian, the information
supplied by �li� City hereunder wi�hout #he express prior wri.tten consent a� ihe City.
In ord�r to provide an adequate service level performance, the Contractar must be able to
provide the following requiremenf's: �
• Provide haxdwa�re capable of n.wning Atiachmate ar equa.valent software that will allow
Contractor to access speczfied court �ransactions. Eq�tivalent software must be able to
perform all critical functions of Attachmate software.
o Contractor must provide repor�s and correspondence data. to City of Fort Wort� Municipal
court without a fee. � �
o Contractor mnst be able an�. wilIing to comply with technal.ogy improvemenis deeme�.
necessary by�ihe City of ForE Worth.
� Caniractor must be able to connect to City of Fort Warth netwark in order to access
neces�ary iransactions.
� City af Fort Worth's IT Solutions de�arEmenfi must review hardwaxe for aperation
compliance.
o Coniractor pays for any services rendered by City of Fort Worth's TT Solutions department
provided that those seivices are related to the services rendered by ihe Cantrac�ox under this
Agreement axxd provided that the Con�ractor appxave the same in advance o� said
expendihtre. If Coni�ractnr re�'us�s to approve services which the City con.siders necessary
fo� the irz�plementaiion of'this Agreement, the City, ai its option, may irnmediately terminate
t.�us Ag�reement, If`the City el�cts ta terminate th� Agreement under thi.s sec�ion, Contractox
wi11 be caznpensated only �or those services r�nd�red under tk�is Ag�reement up to the date
of tertnination.
i�
2�.
Choice of Law; Venue,
(a) This contract sha11 be construed in accordance with �aw of t,�ie State of Texas.
(b} Shauld any acf�on at �aw or in equity aris� out o� �he �erms of this
contract, directly ar indi.rectly, venue shall be in th� state caurts Iocated
in Tarrant County, Texas or xhe Uniteti S#ates District Co�xrt for the
Northern District of T�xas, Fart Worth D'zvi.sion,
�3.
Parties Sound.
This ag�eement shall be binding upon and inure to tize benefit ta the �arties hereto and their
respect��e heirs, executors, admix�istratars, legal representataves, successors and assigns where
pemaitt�d by this agreement. The undsrsign.ed signatories represent and warrant that he Qr she is the
duly a��orized representative a� the Contractor and the City and is authorized to execute this
Contract t1�at has been ap�rovec� and accepted by the City and the Contra.ctor. The Contract shall not
be considered fizlly execttteci or binding on fihe City until the same shall have b�en executed by the
Coniracfor, the City Manager or his designee, the Crty Secretary and approved and accepted by�the
Gity Council as r�quired by law. Nothi�g herein sha.Il be construed as creating a personal liability
oz� the part of any City officer, e�nployee ar agent.
�4.
Lega� Construction.
In case any ane or more of the provisions cc�ntained in ihis agreemen� shall far any reason
be held to b� invalid, illegal or unenforceab�e in any respect, such invalidity, illagality or
unenforceability shall not affect any other provisaon hereof and this agreement shall be construed
as if such invalid, iliegal ar unenforceable provision had never been contained herezn.
��.
Amendment.
No amendment, modification or alteration of the terms hereof shall be binding unless the
same is in wri�ing, dafed subsequent to the date hereof and duly executed by the parties hereto.
�2
� �b.
Ri�hts and Remedies Cumtilatxrve.
The rights axid xemedies provided by' �is license agreement are cumulative, and ihe use of
any one rig�t ar remedy by eit.�.er party shall not preclude or waive its right to use any or all ofiher
remedies. Saad rigk�.ts ax�d remedies aze given in addi�ion to any other rights t�e parties may have by
��.W, Si�.Lli��, Oi[�1II�.17C� OT bi�]�XV4>'1�8.
�'r.
Waiwer OfDefau�t.
No waiver by fh.e parties hereto of any default or breach of any tezm, canclition or covenant
of this Iicense agreement shall be deemed to be a waiver af any ather breach of the same or any ot�er
ter�n, co�diiio� or cavenant con#ained herein.
EXECUTED on the day of , 2d02.
LYNEBARGER GOGG LAIR PENA & S�LMPSON, LLP
Sy: �� _ -_ .
F r th� Firm
, %�
Title• ,� � �i9,�����
� �
CYTY O {' RT WORTH
t�
-� � � .
- � I4-
Ey: � :, �. - -
` �F Libby W
Assistant City Manager
13
APPl.2�VED AS TO FORM AND LEGALITY:
David. Yett, City Aftorney
By: ��� / �.P� u�4 00 t�
AS515t�,i1 ity Attorney
ATTEST:
�
G1oria Pea�rson
` ity Secretaary .
.._ . _�� 1'�1 ���__ ._ ._ �
Cpntr�a�t Au�hariz�tion
����I�a_ ._ ._ ,.�
���� �
14
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K .. *'� ,, }�
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D D D � D
� o D
_ J�
�
THE STATE OF TEXAS
CQUNTY OF TAT�RANT
THAT WE,
KNOWN ALL BY THESE PRE�ENTS
as principal, $e:reina$er callec�
"Contractor" and , as �urety, a corporation authori�c3. ta
do business in the 8tate of Texas as a surety, dn hereby aclaiovwledge awrselves to k�e heid and firrnly
bound to t'he City of Fort Worth, a municipal corporation in ihe p�nal suum of FTFTY THUUSAND
DOLLAI2S. ($50,000) for the paysnent of whicb sum, well and truly to be made ta the Czty of Fort
Worth, and rts snccessaxs, we do bind themselves, our heirs, execuior, ac�nunistrators, successors,
and assi.gns, j ointly and severalTy.
THE CONDITIONS OF TFIIS OBLIGATYON ARE STJCH THAT:
WHEREAS, the said Can�ractor has on or about �Ivs day' entered into a coni:raci in writing
with ihe City of Fort Worth, Te�as ea�titled Agreement for Pra�essional Callection Services wkuch
is mada a part of this instrument as fully and completely as if set in fia11 herein.
NOW, THEREFORE, if the said Contracfor shall fait3�fully and stric�ly perform as set ou� in sa:id
cont�act in all its terms, provision�, and stipulations in accordance with its tr�.� meaning and effect,
as�d shall comply strictly with eacb. and every pro�ision o� saad contraci and wifih tlus bond, then this
obIigation shaSl become nu�1 and void and shall hav� no £uxther force and effect; o�kherwise the sazr�.e
is to remain in full force and effect.
Tt is fi�rther und�rstood and agreed flaat the Surety does hereby relieve the City of Fort Worth ox �ts
representatives fram the �xercise af at�y diligence whatev�r in securing compliance on ihe part of
ihe said Contractor with the terms of the said cantract, and the Surety hereby waives any notice io
it of any default, or delay by the Coniractor in the performanc� of his con�ract and agrees thai it, the
said Surety, shal� be bound to take notice a£ and shall be h�:ld to �ave �knowledge of all acts or
o�nissions of the said Contractor in all ma�ters pertaiu�ng to said contract.
� d V� � �
� �
3.5
�'ROVIDED FURTHER, iha# i�any Iegal action is filed upon ihis bond, venue shall lie exclusively
in Tarrant Counry, Texas. .
AND PROVIDED FURTHER, that the said s2araiy, %r �alue received herehy stipulates a.nd agrees
that no change, extension of time, renewal, alterations ar ad�.itions to the terms of �lie contract or to
the work to be perforn�ed hereunder sha1l in ar�y way affect its o�ligations oz� t�iis bonci, a.r�d it does
hereby wa�ive notice of any change, extension a£tzme, ren�wal, alteration or additian to the terms
of thi.s contract.
�n thc event that t11e City of Fort Worth shall bring any suit or oth�r proceeding at law on tl�is bond,
the Coz�tracior and Srzrety agree to. pay to the said City the sum o�ten perc�ni (1Q%) of whatever
amount may be recovered by the City in said �urt or legal proceeding, which sttm of ten percent
{J,0%) is agreed by all parties to be payment to the �ity of Fort Worth for the expense of or time
consumed by its City Attorney, his assistants and oifice farce at�d ather cost and damage occasioned
the parkies, it being agreed by them that the exact daxnage to the City would be dif�cu].� to ascertain.
IN TESTIMQNY 'WHEREOF, witx�ess our hands this
.2a .
da.y of
ATTEST: {Corpo�afe Seal)
{Principal)
Byo .
Name: (Type)
Tzt1e:
ATTEST/WiTNESS:
(Full Name af Surety)
By: By;
Name: (Type) Name: (Typed)
Ti�.e: Titl�:
The foregoing bond is a�proved and accept this
, 2002.
(Corparate Seal}
I:
Name: (Typed)
Title:
d.ay of
16
J��1-31-�2 AS;53a� �romT
i�6�8 P.1�/2n F��6�
�
D- D D p
�
� D
Bond # 6J.S103802380BCM
THE STATE 03�'�E�S
COiJ�TTY OF �A.RRAI�TT
z�lvowN :�,Li� �Y THESE PYtESE1vT5
�
V
� THAT �E, Linebarqe�, Goc�qan, Blai.� Pena & Sam�a� p�! h�rc;inafter called
"Contractor" and. Travelers Casualty & Sure�y ,� Swr�ty, a corpora.tion at�thorized tp
do business i� the State of Te�cas a5 a sur�ry, do hereby aclmowledg� aurselve� ra be heId and �mly
baund to �he City oiFort Worth, a municipa�l. corpoxatinr� in zhe penal suffi of FIFTY THQU5�I�i
DQLL�IRS. ($a0,000] fv� the �aym�nt of wla�.ch sum�, wel� and truly ta be xx�a,de to the City af Fort
'4Varth, �tid. 1fi,8 �IICC�S50i5, we do bind rhemselves, vu� heirs, �x�cutflr, ad�uinistratox�, SLICC�SSDrS,
and assig�,1ointly and severally. �
THE CQNDITi�NS OF �S p$L�G�3,�';I4� �RE SUC7� 'TAAT:
�'H�REAS, the said Contrac�or has �n oz abaut this day entered into a con�act in wri�ing
with th� City of Fort �Vort1� Texa� �ntitled ,�,.�reemen� �ar �rafessianal Collecti.on S�rvices v�r�i�h .
is mad� a part of this iastrurn�nt as fully and �om��et�eiy as zf set in fizll h�r�7�
• � r
N�W, TSER]�FORE, 9f the said Ca�atractor si�all faithf�.l�y and strictly perform as s�t out in said
cox�macr iza al� ifs terms, p�ovisions, and. s�ipu�ations in aceorc�an.ce �v.zth its true meaning and effect,
and shall comply si�ictly wi.th each aad. ev�ry provision ofsaid can�rae� at�, with �iis bond, then rhis
abligatiQn, sha11 become nuu and voi� and s�iail have no �er t'orce and eff'ect; a�h.arvva.se t'he same
is to re�nain in full %xc� and ��'f'�ct.
It is £urtfier und�rstood an:cZ agreed that �ie Surefiy aa�s h�rei��r zelieve the Ciiy of Fort Worth Qr i�s
repr�s�ntative� frflm the exercise o�any diligs,�cE wtzat�vc,�r in securxn,g camplisnce on the �axc oi
�.ie sa�d Contractor with the t�rms o£ the sa2d contract, and the Suze�ty hereby vvaive� any nol�,ce ta
i� of any default, oz deTay by fhe Contracf,�r i� the perFomuar�ce o#'�is con�ract and agrees �hat it, it�.e
said S�.rety, shall be baund ta fake notice af an�. shall �ie held to have •k�.owle�.ge of all acis or
a�issi�ns of �b.� said Cc��'��rr�ctos� in aIl ruai-�ers p��aini�,g �o said eantract.
� � �� � �
�t �
��
� � r1�31-Oz �9;54am Pram�
By.
PROVID�.D �TI�R, that if any legaZ action. is �1e� u.pon this hond, venue shali lie exclu.si'vely
in Tazrant Co�n.ty, Texas. .
AN}J PROVIDED �'URTHE�, that th� sa�d sureiy, �'or value r�c�i.�ved hereby stigul�.tes aud agre�s
rhat no change, exte�ion of t�me, reaewal, alt�rations or additions to tha terms of the cotat�act or ta
the work ta be perfonned here�nder s�a.il ir3. any w�y affec� its obliga�ians on this band, and it does
hereby waive notice of any chaage, extensiozl oftime, re�newa�, �lterataan vr addition to the terzz�s
of �zis contrac�.
�n the �veut fhat the City a#"Fort W�.�th shaA hring any suit or other proceeciing at la�t on this bond,
�he Contracto� and Surety a�ree �o, gay to th� said Gity the stim of t� percent (10%} of whate�ve�r
amount may h� recoverad by �he City i�a s�ici su,i.i ar le�a� proceediri.g, w}uch suzn �f tun perceni
(l.�°lo) is agreed by al� �arties to �e payment to t�,e City af Foit Woarth %r the e��nse of or time
cansumed by its City Ateozney, his assis�w.ts and �ffice force and otfier cas� a�d damage accasioned
th� pa�ies, zt bein� agreed by them that #�� exact damage iQ the City wocild i�e cii�ficutt to ascerta�.
�N TEST�OI�lY �T��C3I+, wif.�.�s ou� hands ihis 5th a�.y o� -
Auqust ,2Q 02 .
A'�'TEST: (CozpcsaaYe Sea�)
' Iin�bargar, Goggan, Blai�, Pena & Samgson
LLP
{Pa-incipal}
By; _.
Name: (Type)
Title:
ATTEST/'4�I��SS:
T�6�9 P.18/�a �d9s$
Name, {Typed)
Titls:
{Corporate Seal)
��Q�+�-� �� Llk�
Name: (�pe} Karen Donahue
Title: Account Manager
' �y�l PY�-� CdSUdZ'tv_ & SL1�G'�:�7 _,_
�T�.� �`d�1B O�.�U.��i�!
By: � _.. .
TT2rn.e: (�'ypecij Debbie Madison
�'1tle: Attorn�y At Fact
The foregairxg bond i.s approved and accept tilis
� , ?DO�:
_ �.ay af
16
�I �
ORDIl�fA1�CE 1�i0.
AIeT URDIiVANCE ADDIl�G �ECTIOi� 10-9 TO CHAPTER 10, COURTS,
OF THE CODE OF THE CITY OF FORT WORTH (19�G), A5 AMEI�IDED,
TO AUTHQRIZE THE ADDITIQI� QF CQLLECTIOIlT FEES Ili� 'THE
AIVIOUhiT OF THIRTY PERCEl�'T' Oi�d FIl�TES, FEES, RETITUTIOl�T AllTD
OTHER DEBTS Olt C05T5-.ORDERED TO BE PAID BY THE COURT;
PROVIDI�IG THAT THIS ORD�TAI�ICE SHALL BE CUIvIULATIVE OF
OTHER G�TY ORD�1�'ANCE� AR1D REPEALING ORDYNARICES IN
�ONFLICT HEREWITH; PR4VIDI1�1G A SEVERABILITY CLAUSE;
PROVIDIIi�G FOR PUBLICATION; AND PROVIDII�TG A�lT EFFECTiVE
DATE.
BE IT QRDAINED BY THE CITY COUNCIL OF THE CITY OF FORT
WORTH, TEXAS:
5ECTI4RT 1.
Section 10-9 of Chapter 10, "Caarts", af the Code of the City of Fort Worth
{1986), as amended, is hereby. adc�ed to allow the additaan of collection fees in the
amount of thirty percent or� all fines, fees, restitu�ion, and other debts or casts ordered to
be paid by the court to read as follows:
Sec.10�9 Collection Contracts
(a) Purs�ant to Article 143.0031 af the Code of Crirr�nal Pracedure, the addition
of collection fees in the amount oF thirty percent as hereby autharized on each
debt or account receivable, snch as ��es, fees, restitution and other d�bts ar
costs, (other than forfeited bonds) that are ordered to b� paid by the court and
that is more �an sixty days past due and has been referred io an attorney or
vendor for callection.
(b) A defendant is nat liable for the callection fees under Subsectian (a) if the
caurt af original jurisdiction has deternvned the defendant is 'sndigent, or has
insuffie�ent resources or incame or is otherwise unable to pay all or part flf
the t�nderlying fine ar costs.
SECTIOPd �.
That t�is ordinance sha11 be cumuIative of al] provisions of ordinances and of tl�e
Code of the City of Fort Worth, Texas (1986), as amended, except where the pmvisians
af this ordina�ce are in direct conflict with tl�e p�ovisions of such ordinances and Cade,
in wluch event such conflicting provisions af such ordinances a�d Code are hereby
repealed.
SECTI01�13.
.Tt is hareby declared to be the intention of the City Council that the sections,
paxagraphs, sentences, cIauses and phrases of this ordinance are severable, and, if any
phrase, clause, sentence, paragrap� or section of t�is ordinance shall be declared void,
ineffective or unconstitutional by the valid judgment or final decree of a courE of
competent jurisdiction, such ineffectiveness or unconstitutionaliry shalI not affect any of
the remaining phrases, clauses, sentences, paragraphs and sect�ons of this ordinance,
since the same wouid have been enacted by the Ciry Council without the incarparation
herein of any such void, ineffective or unconstitutianal phrase, clause, sentenee,
paragraph or sectian.
SECTIOI�T 4.
That the City Secrctary of the City of Fort Worth, Texas is hereby directed to
publish this ordinance for two {2) days in the official newspager of the Cit�+ of Fart
Woi�th, Texas, as authorized hy V.T.C.A. Local Goverr�ment Code Subseetion 52,013.
SECTIOliT 5.
This ozdinance shall take effect upon adoption and publication as required by law.
APPROVED AS TO FORNN�i AND LEGALITY:
David , City Attorn y
By, �'%- -�/V't.�'c�-2�.
Assistant Cit A orney
ADOPTED:
EFFECTIVE:
l�TYema�t �Ia�ks Pupyeap
a division of Prost Insurance Agency, Inc.
S 15 Congress Avenue Thirteenth Floor Austin, Texas 78701
(512) �73-4520 � FAX (512) 473-4555
�O; ��@Ve ��@iS5
Linebarger C�oggan �I�ir �ena � Sampson LLP
3a9 !�! 7th Sfir�et
For� �or�h, iX 761 D�-�'913
From: Karen Donahue
Re: Linebarger Goggan �lair
Policy �1039'92�34��R!
�olicy �a�es: a�105IO2 � O�ID5I03
Da�e: September 3, �00�
Message:
Please find attached another copy of the bond for Forth Worth. The company changed
the bond number and has executed ano�her bond far the City. Nothing else has
changed.
Thank you,
Karen Donahue, ACSR
�
7f'mave]lersPro ert Casualt �
p � yJ
Amemberof c�tigraup
R����
io be a�tached �o bond �Cnown as �3ond Na 6'i��1038023�0�Cf�Vi
issued by TI�A,VFL�IZS GASl1�LiY �ND SUREiY CON�P�,NY O� A��R1CA
(as �uretyj,
in fhe amounf o� ��O,OOa.�Q
���ctive �uqust 5, 2002
on behalf of Linebaraer, �oqqan. �lair, Pena 8� Samqson, LL�
in fa�or of Cifiv of �ori Worfih
{as Principalj
(as Obligee)
In considera�ion of fhe premium charged for the abo�e bond, it is mutually unders�ood
and agreed by the �rincipal and the 5urety thafi:
�he bond number has been amended to read 1A391��3�
All o�h�r �erms, limi�afions, and conditions of said bond excepf as herein expressly
modified shall remain unchanged.
This rider shall be e��ecti�e as o� �he ��h day of Auqust 2002.
Signed, sealed and dated the ���h da� ofi �unus� 2002,
�inebarger, Goggan, �lair, �ena �
�arnpson, LLP
�y � —
�RAV�L�RS CASUALYY AND SUR�7Y�;pMpANY OF AMERIC,4
,� ;
-.�� � 1
�y � ,- , �. � 4 r -- -
�lorence �cClellan, Attorneyo�n�Fact
IlV WITNESS WHEREOF, TRAVELERS CASC7ALTY AND SiTRETY COMPANY OF AMERICA, TRAVEL�RS
CASUALTY AND Si1RETY CQMPANY and FARMIl�IGTON CASUALTY COMPANY have caused this instrument to be
signed by their Senior Vice President and their corpora�e seals ia be hereto affixed thiis 2nd day of Dctober 2Q01.
5TA7'E OF CONNECTICUT
}55, Harkford
COUNfY OF HARTFORD
�}�S��,rf� gJ*�.TY ANps GASl1q��
'3' �3�FiFfQRO, � ar HARTFQRQ�L9� t�� 1 y$ r� D
��C(N1�tl. � CONR. n ? q.,_ �,� i
� y1� y< aa`� �'b'�F �n
� �'i� d.� % Fai �'�y ,p I�l�
TRAV�L�RS CASUALTY AND SURETX COMPANX OR AMERICA
TRAVLL�RS CASUALTY AND SUR8T1' COMPANY
�ARINIINGTON CASUALTY COMPANY
�
i - ='��
�
George W. �hampsan .
Senior Vice President �
On this 2nd day of Octaber, 2001 before me personalfy came GEORGE.;W. THOMPSON to me knQwn, who, being by me duly
swom, rlid depose and sap: that lne/she is Senior Vice Presidept of TRAVELERS CASUALTY AND SLTRETY COMI°ANY O�
AMERICA, TRAVELERS CASUALTY AND SURETY COIVIPANY and FARMINGTON CASi1ALTY COMPANY, the
corporatians described in, and �vin.ick� executed the above instrument; that he/she knows the seals of said corporatians; ihai the seals
affixed to the said insizument are sach corgorate seals; atxd that he/she executed the said instrume�at on behal� of the corporations by
authority of his/her nffice under the Standing Resolutions thereof.
��.iEr,�
� ��1��
EG'�'
CERTi IFICATE
�� �
My commission expires June 30, 2006 Notary Public
Maris C. Tetreault
I, the undersigned, Assistant Secretary of TRAVELERS CASLTALTY AND �iTR�TY CQMPANY OF AM�RICA,
TRAVELERS CASUALTY AND SiTR�TY C�MPANY and FARNIINGTQN CASCI�ALTY COMPANY, stock corporations of
the State of Co�ecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority
re�.ains in fuli force and has not been revoked; and furthermore, ihaf fhe Standing Resolutions of the Baards af Directors, as set
forth in the Certificate of Authority, are now in fnrce.
Signed and Sealed at [he Hozne O�ce of the Company, izi the City af Hartfard, State of�Ct�s�.nec:ticut. �ated this
u � , i�` , 20
95lfR JpLSY Aiy� G�,gV�
��,N fREry g y,L � �t
�a���� U� 9� O�p�� P
� �u�r�oaa,� � W HAR7FORD� � Z 1 4 B� o
���� � , cokN, o . �
�' `��aa
�■ ��.� '''df # r�,ra} bEy � �,�
� � ��
Y
Kori M. .�ohanson
Assistant 5ecr�iary, �ond
riay of
�
City of'.�a�t �or�h, 7'exas
h�l�yor ��-d Cou�cil �om���ic�-�io�
DATE R�FERENCE NUMBER LOG NAM� PAGE
6125/02 �-'p 9'9 3� I 38FEES .I 1 of 2
sug��cz AWARD OF C�NTRACT TO LWEBARG�R GOGGAN B�AIR P�NA & SAMPSON, LLP
T� PROVIDE COLLECTf�NS FOR DELIMQUENT ACC�UNTS FOR THE M�NfC�PAL
� GOURT AND AQOPTION OF URDINANCE AUTHORIZING A��ITIONAL
COLLECTION FEE�
REC�MMENDATIOEV:
It is recommended that the Ci#y Council:
1. Authorize the City Manager to �xecute a contract wit{� Linebarger Goggan Blair Pena & Sampsan,
LLP, a Texas law firm, to pravide collection se.rvices far Municipa! Court; and
2. Autharize this agreement ta begin Octa6er 1, 2002, and expire September 3a, 20Q3, with op#ions to
renew for three additional one-year periods; ar�d
3. Adapt the atiache� ordinance authaTizing th� additional coliection fees in ihe arnaunt af 30% on
�n�s, fees, restituiion a�d o#her debts or costs ordered to be paid by Municipal Court.
D1SC�5Si�N:
Tne award of the collection services contract to Linebarger Goggan Blair Pena & Sampson, LLP, a
Texas �aw firm, v►iill rep{ace a contract executed with 5tate Metropolitan & Counfy Services �SMCS} �n
5e�tember 25, 2daD. City � Secretary. Cantract No. 26429 was renewed with 5tate Metrapo[itan &
Co�nty Servic�� to pravide co[lectio� SBN�C�S ta .Municipal Cou�t from October '4 , 2001, thraugh
September 30, 20�2. �
The callection services contract witt� Linebarger Gaggan Blair Pena & 5ampson, L��P will tae tuvo-fold.
The frst provisian af the contract will be executed under Articl� '103.OQ31, Code of Griminal Procedure,
whic'h allows tize ac#ditiQn of a 3Q°!o collection fee io the amQunt owed on a citaiian upor► which a judgement
has been,ent�red {tf�ese are known as adjudicated cases}. The 3fl°/Q fee, which was auihorized in the
20Q� legislati�e session, is paid to the .caniractor only when payment is received on the citatian. In
ardar to add the 30% fee on adjudicated cases, the City Gouncil rnust authorize, fhraugh the adop�ion
of an ordinance, the addition of the fiee as allawed under Article �01�.Q031 ofi the Code of Criminal
Procedure.
Under th� second provision o� the contract, th� Gon#ractor will receive 25% af ar�y eligible monies
coll�cte� on a[I nan-adjudicate� cases. 7he 25% co�lection fee wilC be paid firom the amount owed on
the citat�on. Tne 25% fee is only paid when payment is actuafly received on the citation.
Linebarger �oggan Blair Pena & Sampson, LLP is in compliance with the Ci#y's iUI/WBE Ordinance by
committing ta 5.°/� MIVIIBE participation. The �ity's goal on ihis project is 5%.
City of'�'o�t T�o��h, T'exas
����� ��� Co�n���
�o������t�or�
DAT� REF�R�NCEf�UMBER LOG NAM�
6125102 ��'� �� ��
38FEES
PAGE
1 0# 2
suB,��cT AWARD OF CONTRACT TO LINEBARGER GOGGAN BLAIR PENA & SAMPS4N, LLP
TO PROVIDE C4LLECTIONS F�R DEL1NQlJENT ACCOUNTS FOR THE MUNICIPAL
C�URT AND ADOPTE�N OF ORDINANCE AUTHORIZING ADDiTIONAI.
COLLECTION FEES
RECOMMENDATION:
It is recommended tha� the City Council:
1. Authorize fhe City Manag�r ta exacute a contract with Linebarger Goggan Blair Pena & Sampson,
LLP, a Texas law firm, to provide collection services far Municipal Court; and
2. Autharize this agreement to begin October 1, 2002, and expire Sept�mber 30, 2003, with optians to
renew for three additianal ane-year periods; and
3. Adopt the attached ordinance au�horizing the additional collection fiees in the amo�nt of 30% on
fines, fees, restitu#ion and other d�bts or casfis ordered #a be paid by Municipal Caurt.
DISCUSSION:
The award of the collection services contract to Linebarger Gaggan Blair Pena & Sampson, LLP, a
Texas law firm, will re�face a cantract execufed with �tate Meirapolitan & County Services (SMCS) on
September 25, 200fl. City 5ecretary Contract No. 26429 was renewed wit� State Metropolitan &
Cotanty 5ervices to pravide collectian services to Municipal Court from October 1, 2001, thraugh
Septem�er 30, 2002.
The collection services con�ract with Linebarger Gaggan Blair Pena & Sampson, LLP will be two-fold.
The first provision of the contract will be executed under Artic[e 1Q3.Q031, Code of Criminal ProcedUre,
whic� allows the additian of a 30% callecfiion fee fo the amount owed on a cita#�on uppn which a judgemen�
has b�en �nterec� (these are known as adjudicated cases). The 30% fee, whic� was authorized in the
2001 legislative session, is paid to the cantractor anly when payment is receivecl on the citat'ron. In
order to add the 30% fee on adjudicated cas�s, fhe City Council must authorize, #hraugh fihe adaption
of an ardinance, the addition af the fee as allowed under Article 101.0031 of the Code of Criminal
Procedure.
Under the second prravision of the contract, fhe contractor will receive 25% of any eligible manies
collected an all non-adjudica�ed cases. The 25% collection fee will ba pai� from the amount awed on
the citation. The 25% fee is only paid when payment is actuafly received on the citafion.
Linebarger Goggan Blair Pena & Sampsan, LLP is in compliance with the City's MIWBE Ordinance by
committing #0 5% MIWBE participation. The City's goaf on this project is 5%.
C'iiy of �'ort T�or�h, Texas
�ia�r�r ��� Co����]L
Co�a�����t���
DATE REFERENCE NUMBER LOC� NAME PAGE
6125/oz C�7913� 38FEES 2 of z
suB.�Ec�r AWARD OF CONTRACT TO LINEBARGER GOGGAN BL 1R PENA & SAMPSON, LLP
TO PROVID� C4LLECTI�NS FQR DELINQUENT ACCOUNTS FOR THE MUNICIPAL
COURT AND AD�PTION OF ORDINANCE AUTHORIZ[NG AQDITI�NAL
COLLECTION FEES
FISCAL 1NFORMATIONICERTIFICATI�N:
The Finance Director certifies that fu�ds are available in the current operating budget, as appropriated,
of the General Fund.
LW:k
Svbmitted for City Manager's
Oftice by:
Libby Watson
Origuiating Deparkment Head:
Elsa Paniagua
Additional Iuformation Contact:
Elsa Paniagua
FUND I ACCOUNT I CE�TTER I AMOUNT
(to)
G1$3
6711 (from}
GG01 539120 0381000
6711
GTTY SECI�.ETARY
APPROVED Q6/25/d2
ORI3.#15144