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";
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onsidera~on of the mutual romises herein contained, the parties hereto agree as
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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 ~
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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
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Burin the ro ess of the work. ownership of information acquired by Law Firnri
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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.
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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
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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,
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3.03 At an time u on re nest, Law Firm shall permit City, City's governing
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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
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~~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
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cam fete tinr~e and ex ease records, as required by Section ~~54.104~c}Texas
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avernment Code,
3 OS All time and ex erase records ke tin accordance with Sectian .0~ arc public
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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
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Texas avernment Code oral if, in addition to meeting the requirements of
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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
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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.
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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
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delinquent property owners. eimburserrYent of rraailing notices expenses iS
not to be aid out of the contingent fee payment.. Mather, such reimbursement
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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
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3.09 The amount ofthe contingent fee and reirribursen~ent ofexpenses under this
Contract will be aid and limited in accordance with Subchapter , Chapter
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~~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.
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' 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,
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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.
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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.
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~ 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~~
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~~~~.
~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.
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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.
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` '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.
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