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HomeMy WebLinkAboutC2009-268 - 7/28/2009 - ApprovedLAw FILM ~NTINENT FEE ~~~ITRA~T ' nt {`~ een~ent" is made on this the ay a ~D~, between This Agreerne ~ gr } 37 ' Christi Texas hereinaer referred to as ccity , a d Lin Barger ~oggan City of corpus Blair Sam son, LLP, hereinafl~er referred to as "Law Firm"; p onsidera~on of the mutual romises herein contained, the parties hereto agree as rn c p follows: I, P~.JRP~S~ ~F REFRESENTATI~~V ' r b retains and em la s Law Firm for the collection of all delinquent 1, a 1 City he e y p Y ' ` 1 ssessments levied in connection with paving Liens and liens filed accounts In spec~a a h health and safe bode, including principal and interest owing under chapter X42 of t e i thereb hereinaer referred to as "Delinquent Accounts" ar "Delinquent to the ty ~, . ' i 1 Assessments". account i delinquent when it remains unpaid Accounts In Spec a after thirty ~~a~ days Df ~nltlal 1nVal~e. ' and directs Law Firm to take all actions necessary to include the ~.~~ The lty authorizes Delin uent Account in pending tax suit, including all necessary cOUrt appearances, q in of leadin s and all research investi orlon, correspondence, preparation and drab g p ~ g s to ra erl re resent the pity s interest in these matters. If related work neces ary p p p ` ' re fled after the initiation ofthe tax surf, but before final ~udgrrient, Law additional liens ~ ' leadin s to include such additional liens. The Law Finn shall Firm shall amend the p g ' In all bankru toles flied b delinquent property owners, tnclud~ng represent the pity p y ` 'n the bankru tc rocess, attending hearings as necessary, and filing clams, monltor~ p Y p . ` rin the i 's interests are rotected in the bankruptcy matter with respect otherwise insu g P to I]elinquent Accounts. ' shall ursue collection rnethads such as letters, telephone calls, in ~ .03 The Law Firm p ontact re ardin the collection ofDelinquent Accounts in Special Assessments. person c g ' m ees to contact the erson who is legally responsible for the Delinquent The Law FIr agr p amounts awed. This shall be accomplished by mailings to delinquent AccDUnt to collect , ' rvals to be a eed u an b the Law Firm and the Director ofFinanclal accounts on Inte r p ~' ` r imburse Law Firm for actual cost of mailings. Exhibit 1 identifies Services. pity shall e specific tasks to be performed by Law Firm. L w Firm shall rovide the i Director of Financial Services with written 1.a~ The a p Inonthl re arts detailin its activities far the preceding month. No settlement agreement y p g n claim suit ar xoceedin shall be entered into without the approval of the pity of a y p g Director ofFinancial Services Th Law Finn is to call to the attention of the pity Director of Financial Services ~,~5 e an errors double assessments, or other discrepancies corning under its observation y Burin the ro ess of the work. ownership of information acquired by Law Firnri ~ p X009-~G8 Res. ~~8~48 07~~ 519 Lineberger rogga~ Blair Sem ' rvices erformed Burin this a eerr~ent belongs to the City, and Law cancern~ng the se p ' ' hall onl use such information as needed to perform required services. Firms ~ 'rm shall direct that all a meets be nude directly to tl~e City of Corpus 1.~b The Law Ft p Y . . ~ Financial services Division. No settlement agreement of any chain, suitor Christi, at the ` r d into without the royal of the City s D~rectar of Financial proceeding shall be ente a pp services. ` h ll maintain a file for each referred claim which shall be available l.a~ The Law Firm s a ' 'mes for ins ection. Such file shall contain all data pertinent to the to th e Ct ty at all t~ p ' ' i osition, All documents, a ers, or records pertaining to a file cla~rn to support its d sp p p , . ' r conclusion of all le al roceedings for dispo~tian as mutually shall be retained afle g p eed to b the Ci 's Director of Financial Services and Law firm. agr y ' n re uest of the Ci Director of Financial Services, the Law Finn 1. ~8 Upon the wrltte q its of lien and release of lien documents. Fee far this service ~s ~ ~ ~ shall prepare afl'idav er document, plus reimbursement of filing fees. p II, LAw Fes' FF~ES AND ~~PENS~S m ensation for services re aired under this cantract~ City hereby agrees to 2.~1 As co p ~ ' ~ lie cent Accounts in ~ ecial Assessments which are referred pay Law Firm ~SIo ofall De ~ p ' ion and which are actuall collected and pall to the City during to Law Firm for colleen y ` o be aid b and collected from the property av~mers. All such the term of this contract, t p ~ ' 11 become the ra e of the Law Firm at the time payment of the can~pensatian sha p p ' i . The Ci shall a over said funds n~anthly by cheek and mantes iS madeto the ty ~Y p ~ ' llection re art surrxmari~in the Delinquent Accounts in Special Assessrrients include a co p g far which payment was received by the City, tf'~~ is understood that if the arnaunt of Law Firm's fees under this Contract are ~i V~ ~~ b law and that law recludes any other fee arrangement other regulated or governed ~ p r re lotion then the atnaunt payable to Law Firm i l~~nited than the amount set by law a gu , to the maximum allowed by law. ' will be forwarded to City far any costs and expenses which may ~,~ N~anthly invoices be associated with recovery of monies owed to City Firma ees to a all court casts which the City would be legally ~Fa4 The Law gr p y ' and which are incurred in the performance of this Contract. Law Finn obligated to pay ` m the Belie cent roe owner all such costs as are assessable will attempt to collect fro q p p ' r e owner. ecif ically, the Lave Finn agrees to pay any such against tie delinquent p ap p ' 'n citations b ublication, services costs, and out of state casts if such casts ~nclud~ g y p collection cannot be made from property owner. III, REQUIRED RECITALS 4I This A cement is effective only after review and approval by the Carraptro~ler for the State of Texas. 2 3 ~~ Law Firm shall kee current and corr~plete written time and expense records p that describe in detail the tune and money spent each day in performing under this Contract as re aired b Section X24. ~ 04 ~a} Texas o~ernment Code, q Y 3.03 At an time u on re nest, Law Firm shall permit City, City's governing y p q ofFicials the Law Firm general for the Mate of Texas, the State Auditor, or an other a ro riate official, to inspect or obtain copies of the time and ~~ 1~ ex ease records ke t in accordance with Section ~.~~, as required by Section p p ~~54,1 a~ ~b}Texas Cra~reriament Code. 3.04 [J on conclusion of an matter for which Law Firm was retained, Law Firm 1~ ~ . shall ra~ride Ci with a complete written statement that describes the p tY outcome of the matter, states the arriount of any recovery, shows Law Finn s corn utatiQn of the amount of the contingent fee, and contains the final p cam fete tinr~e and ex ease records, as required by Section ~~54.104~c}Texas p p avernment Code, 3 OS All time and ex erase records ke tin accordance with Sectian .0~ arc public p p information ub'ect to required disclosure under Chapter 55~ of the Texas ~avernrrient CodeF ~nfarrnatian contained in the time and expense records ma be ~trithheld from a member of the public under section ~5~. ] 03 of the y Texas avernment Code oral if, in addition to meeting the requirements of Y Sectian 55.1 a3 of the Texas overnn~ent Code, the chief legal officer ar em la ee of City determines that withholding the information is necessary to pY .r rotect Ci 's strafe ~/^/^ or position in pending ar reasonably anticipated p ~ Y 4 } litl at10n. ~~ an information is withheld in accordance with the Sectian, C1 ~/ ~ F r r r shall se a ate said information from information that is subject to required ~' g public disclosure. ~.~~ There is no difference in the method by which the contingent fee will be care uteri if any matter is settled, tried, or tied and appealed. p 3.07 Law Firm is responsible for the payment of litigation and all other expenses, exce t that Ci shall reimburse casts of mailing notices of collection to p .. . delinquent property owners. eimburserrYent of rraailing notices expenses iS not to be aid out of the contingent fee payment.. Mather, such reimbursement p shall be issued directly to Law Firm upon City s receipt of invoice for reimbursement of mailing expenses. 3 , 08 An subcontracted l e al or support services performed by a person who i s not ~ r ~ associated with Law Firm is an expense subject to reimbursement only in accordance with Subcha ter , Chapter ~ZS~ afthe Texas ~a~ernment Code p 3.09 The amount ofthe contingent fee and reirribursen~ent ofexpenses under this Contract will be aid and limited in accordance with Subchapter , Chapter p ~~54 of the Texas government Code, 3 ' nd Law Firma ee that this Contract contemplates a series of 3, l~ City a r ries and that each individual recovery will be less than 1~0,~00.00. recove ~ ~~ D~0 is assible, Ci and Law Firm agree that if a recovery that exceeds I p ' ontract will not overn those legal services, but rather a different this g . r Cha ter 254 Texas overnrnent Cade will be reached arrangement uncle p between the parties. nt of fees and ex eases b City will be governed by the requirements 3,1 ~ ~ayrne p Y set forth in section ~~5~4~ 108 of the Texas Government Cade. he artier ma re lace this Article DTI with replacet~ent Article III 3, I~ T p ~ P . . ' ~ u on written determination by Texas Comptroller office that descrlbed In Exhlblt , p ' n t subject to can Hance with Chapter ~~54 Subchapter of the thi s contract i s o ~ p Texas Governrrrent Cade, Iv. TF~RNI ' A Bement be ins u on date of Comptroller approval, and 4,~1 The terra of this gr g p ' ne ear with three one ear renewal periads~ If the Comptroller continues fora y ~ ` 11 r a royal is not re aired far this contract, then the term of determines that Con~ptra a pp ~ this A eetnent be ins u on date of City Council approval. Flither party rrray ~' g p mate this A cement u on sixty ~~} days pr~ar written nonce. Upon terra ~' p ' ` irm will deliver all endin files an cases referred to rt under this terminatron, Law F p g ' The Law Finn has six ~ months follo~nng terrninatian of the an~act to the City. ~ } contract to reduce ta~udrnents all suits filed prior theretoF ~. QTY RF~SP~NSIBIL~TIF~S ' ntif tax account number, owner name, street address, legal 5 . ~ I C~ shall ode y , escri tion and amounts awed on original list submitted to Law Fran. d p ... ' hall rnai~ntain a rnent a cements as corr~puter capabilities allow. 5 ~ ~~ Clty s p y ' i shall maintain database of Delinquent Accounts in Special Assessments. 5.03 ~ ty ` notif Law Firm of an forwarding address on returned mall 5 , 04 ity shall y y received by City.. ' 11 enter address than es and updates to City records of Delinquent 5.05 City sha g aunts as er u dated ~ueces County Appraisal District records. Acc p p . ' h 11 res and to incorr~in telephone calls regarding Delinquent Accounts 5,4 Citys a p g in special Assessments. DTI, ICF~LLANF~~US This a cement shall be construed under and in accordance with Texas ~.~1 law and all obli ations of the parties are performable in Nueces County, g Texas. This A cement constitutes the sole and only Agreement between the a. r 1 a cement artier and supersedes any prior undertakings or written or a a gr between the artier respecting the subject matter ofthis agreement. p 4 n case an one ar mare of the provisions canta~ned in this Agreerrient b. ~ ~ ~ le roan reason be held to be invalid, illegal, or unenforceab ~ shall, for any , invalidi ille ali or unenforceability shall not affect any respect, such ty} ~ ofand this A cement shall be construed as ifsuch other provisions there ~' . ' 1 or unenforceable rovisian had never been contained invalid, illega, p herein, ' tna be amended and by written agreement signed by c. This Agreement y y thari~ed re resentatives afthe pares hereto. The City Manager is duly au p authorised to execute amendments to the Agreement. m l with x,11 a livable Federal, Mate, and Laval d. Law Firm agrees to ca p ~ pP laws, including lawsrelated to callectians. ' it Law Firm a ees to an audit of files maintained by e. As desired by ~ y, ' Law Firm pertaining to this Contract. ' r a ma assi n this A cement without the prior written f. Neithe p rty ~ ~" approval of other party. . ' nt b certified mail, ostage prepared, and is deemed g. Notice may be e y A ~ , ' a after de alit if sent certified mail. Notice shall be receive on the third d y p sent a5 follaws~ ' r us Christi Attn: Director of Financial Services, ~. ~. Box Ifto City. City of Cop , 977, Corpus Christl, Texas ~$~~~~~~~~. ' er ~a an Blair Sampson, LLP, Attn: Paul D. Chaps, Yf to Law Firril . Linebarg gg ~ N, water Street quite 111I, Corpus Christi, Texas 7547]. Partner, 5~ 'rm will not commence work under this Contract until the Law h. The Law Fi , F insurance re uirements set out in the attached Bxhibit. Firm has complied with the ~ ' not awarded a new contract for the collection of delinquent i. Ifthe City has . ' f this Contras the contract will continue on a manth- account upon the expiration a ~ . ' nt fees until such time as either party provides the other ta~rnonth basis, at the curre , ' a s written notice that it does not ~nsh to continue the contract. party with sixty ~~} d y F x Tres an the of festive date of a new contract for the This Contact automatically e p , ' punts in s ecial Assessments. The City w111 provide eallecti on of Delinquent Acv p , i en notice of the ef~'ective date of the new contract to Law Firm. tt ' nice that the continuation of any contract after the close ~ . The parties recog he Ci is sub' ect to a prapriatians and budget approval of any fi scal gear aft ty ] p . , . ntxact item as an ex enditure in that budget. The City does not praviding far such ca p ~ . ' i em will actuall be adapted, that determination is within represent that said budget t y ` i Council at the time of adoption of each budgetF If the the sale d~scretian ofthe C ty ' ntraet is not ado ted, City will notify Law Firm and Law Firm budget item for this Ca p . ' e the Contact at the end afthe then current fiscal year, Law Firm nay terrriinat e Ci 's bud et establishes the budget for fees under this acknowledges that th ty g ilia notices. once the mailing expenses accumulate to these Agreement for rna g fiscal ear far these services, City will not have obligation budgeted amounts for the y ' ` for such services without the prior written approval Qf the City to pay additional fee ' `rm have obli anon to continue such mailings until receipt of Manager, nor will Law Fi g riot written approval of City ll~anager or designee. p 5 ~~i i ~~4~~~~~~ j, ~~~~~ .. •i ~ ~ ~ppra~: a~ ~o~ ~a~mr~ ~ ` : ~ . . ~, ~~ f ~~: ~~ ~~~~ ~~~ ,fie ,I, 1 y rl , ~~ 1'!!~'~ ~~ ,,~ ,i sr ~~pu~r~ . ~~~~~r ~ '•~' S ~~ 1 .~ } • y. f se 4l ~k 'e ~, S• ~~ ~. ~ reed tab the pity of corpus Christi and Lam Firm: pity of for us Christi ~~: ~ Ange ~ seohar, pity Manager Date. Attest By: Armando Chapa, City Secretary Approved as to form: ~~~y~ a'~ By: ~ Lisa Aguilar, Assi st ~ pity Attorney For tie City Arney Linebarger G~gga~- E~1~i~ & Sampson , LLP By: Paul papa, Parhler Date: Approved by: es~ o~g~~~ ~u~H~~z~~ w, ~cf ~~~~. ~MP'~R~LL~R ~~ PUBL~ A~UN'T ~FF~~ ~" ~`HE "TEA ~ : Date: Y Martin A. ~u~ert Deputy ~orr~ptroller Exhibit 1 services Performed by Law Firm collection of Lien . Include liens in delinquent tax suits. ' ' ills as re uested b i . pity shall reimburse Lave Firm Mass rr~ailfngs of delinquent b ~ Y sixty^three cents per mailing. ' min hone calls to Law Firm regarding Delinquent Accounts, Respond to taco p Produce affidavits for law suit evidence, Perform judgment lien research for tax sales. i in bankru tc court v~hen property ov~ner in bankruptcy. Represent p ~ Perform tele hone collections. P Prepare deeds for resale. Disburse tax sale and resale money. Present resale bids to council Answer correspondence regarding Delinquent Accounts. , • forardin addresses on returned mail received by Law Firm ill inform ~ity of any ~ Law Firm. 7 exhibit ~ Revised Arti cl a ICI ' onl aver review and appro~ral ~~ the City Manager. .~~ This Agreement ~ elective y .~ i corn lete written records that describe In detat ~,~~ ~a~ Finn shall keep current and p the services rovided in performing under this Contract p ' st La~v Firm shall ermit City ~Vlariager or designee to 3.~3 At any tune upon reque , P is Firm s records kept in accordance nth th inspect or obtain eoples of the ~a contract. ' r for which ~,a Firm eras retained, La~v Firm ~.o~ upon conclusion of any matte ' ~ ~ h ~ Coif! lete ~rittet~ statement fat describes the outcome shall provide City v~it p . , tes the amount of any recovery, aril shows I~a~ Finn s of the rriatter, sta com utation of the amount of the contingent fee. p ` 'th section 3 ~~~ are public information subject 3.~5 Any records kept in accordance vn ' er Cha ter 5~~ of the Texas Government Code, to required disclosure and p . i irne and ex ense records may be thheld frorrx a Information contained in the t p ' ~ ~2. ~~3 of the Texas Croverntnent Code only member of the public under ectron . .. in there uiren~ents of section 55Z. X03 of the Texas if, in additran to rr7eet g ~ . runes that e the chief le al officer or employee of Crty Bete ~overninent Cod , i ion ~n ' information is necessary to protect City s strategy or pos t vnthholding the • F held In ici ated liti ation. If any information is nth pending or reasonably ant p ~ ' ction Ci shall segregate Bald information from accordance with the e information that is subject to required public disclosure. • he method b which the contingent fee mill be ~ . ob There is no difference ~n t y ' n matter is settled, tried, or tried and appealed. cvnaputed if a y ' nsible far the a meat of litigation and all other expenses, 3.4?I~a ~irXn i s respo p y .. ~ n to ' h 11 reirrrburse costs of marling notices of collectio except that City s a ~ • ~ es i s not ent roe oVVilers. ~telinburserrient of mailing notices expen delinqu p p `mbursement shall ' t of the contin ent fee payment.. Rather, such rei to be paid ou ~ . F ~ ursement ' Firm u on Ci s receipt of invoice for reirnb be issued directly to Lam p of rriailing expenses. S