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HomeMy WebLinkAboutC2010-372 - 9/28/2010 - ApprovedCITY OF CORPUS CHRISTI MUNICIPAL COURT COLLECTION SERVICES This Contract far the collection of delinquent Municipal Court fines and court costs, in this Contract called "Contract", is made and entered into by and between the City of Corpus Christi ("City"} and Linebarger Goggan Blair & Sampson, LLP ("Contractor"}, based upon the consideration and undertaking stated in this Contract, effective for all purposes upon approval by the Corpus Christ City Council and subsequent execution by the City Manager or designee. ~. General Scope of Services. The Contractor shall, for and in consideration of the payment of the sum of money specified in this Contract, perform all duties related to the collection of delinquent Municipal Court fines and court costs which are referred to Contractor for collection, provide all services necessary for the collection of those delinquent Municipal Court fines and court costs, and provide such further services as are outlined in this Contract. 2. Tenn of the Contract and Termination Clause. a. This Contract is for one year beginning on the date of City Council approval. This Contract may be extended on the same terms and conditions for three additional one-year terms upon the written request of the City Manager or designee, {"City Manager"), sent to Contractor at least 30 days prior to the expiration of the term. b. Either party may terminate this Contract at any time with or without cause by giving 60 days' written notice to the other party. c. If the City has not awarded a new Municipal Court Collection Services Contract at the end of this Contract, or otherwise terminated this Contract, the City Manager may extend this Contract on a month to month basis until a new contract is awarded by City Council, or this Contract is terminated. Notice of termination during any month to month extension is 30 calendar days. 3. Compensation of the Contractor. a. As authorized by Article 103.0031 of the Code of Criminal Procedure, City will turn over to Contractor on or about the first {1st} and fifteenth (15th) of each month by electronic or magnetic medium in the format specified by the City Contract Administrator all delinquent Municipal Court debts and accounts receivables ordered to be paid by the Municipal Court, and amounts in cases in which the accused has failed to appear as required by law, ("Delinquent Accounts"). A Municipal Court debt or account receivable is eligible for referral for collection and considered delinquent on the date it becomes 60 days past due, or 60 days after defendant has failed to appear as required by law. b. The City has established a Municipal Court Collection Fee pursuant to Article 2010372 M2010-231 09/28/10 Linebarger Goggan Blair&Sampson ~~~~~~ 2 103.0031 of the Texas Code of Criminal Procedure {"Municipal Court Collection Fee"). in the amount of 30 percent on each Municipal Court debt and account receivable ordered to be paid by the Municipal Court, and 30 percent on amounts in cases in which the defendant has failed to appear, where the cases are at least 60 days past due and referred to the Contractor for collection. If a Municipal Court judge determines that a defendant is indigent, then no Municipal Court Collection Fee shall be charged to defendant. The Municipal Court Collection Fee does not apply to a case that has been dismissed or to any amount that has been satisfied through time-served credit or community service.. c. City agrees to pay Contractor as compensation for services required under this Contract the Municipal Court Collection Fees actually collected and paid by defendants to the City during the term of this Contract. The City is not accepting partial payments on cases turned aver to the Contractor for collection. The City shall pay over said compensation monthly by check. No penalties will be assessed to City for late payments to Contractor. No other compensa#ion will be paid by the City to Contractor. The City is not responsible for postage, telephone charges, or any of Contractor's expenses in performing under this Contract. d. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform additional collection services, at no charge or fee to the City or to Defendant on Delinquent Accounts which are not subject to an additional collection fee under Article 103.0031 of the Code of Criminal Procedure. Specifically, these accounts are all unadjudicated cases filed prior to June 18, 2003, the effective date of the amendment to Article 103.0031 which authorized Municipal Court Collection fees. e. Notwithstanding compensation identified in subsection c, in addition to the collection services specified herein, Contractor agrees to perform collection services on delinquent parking citations referred to Contractor for collection at no charge or fee to the City or to Defendant. f. The parties agree that should Article 103.0031 of the Cade of Criminal Procedure as amended be repealed or held to be unconstitutional by a court of competent jurisdiction during the term of this Contract so that the City is no longer authorized to collect the Municipal Court Collection Fee, then this Contract shall terminate immediately. g. No funds will be paid to Contractor unless defendant's payment was a res u It of Contractor's actions under this Agreement. For example, if defendant is arrested and is brought to Municipal Court to resolve outstanding cases, no compensation will be paid to Contractor. All payments on delinquent accounts which were referred to Contractor for collection are assumed to be a result of Contractor's actions unless specifically refuted by City. h. If there is a dispute between City and Contractor regarding whether Contractor is due compensation in a particular case, the City will not pay Contractor until issue is resolved between the parties. 4. Collec#ion Goals. The Contractor agrees to work with the Contract Administrator to set reasonable collection goats and meet quarterly with the Contract Administrator to monitor and report on the progress of collection efforts achieved. 5. Scope of Services. a. Contractor shall direct defendants to make all payments directly to the City of Corpus Christi Municipal Court. Contractor shall not collect any monies for the City. Contractor shall instruct defendants that any payments owed on debts and accounts receivable must be made in full to Municipal Court. b. Contractor's collection process must be reviewed and approved by the Contract Administrator, but Contractor shall be responsible for compliance with all laws. c. Contractor shall provide Contract Administrator copy of employee orientation 1 training manuals, where applicable. Contract Administrator will have review of all correspondence and scripts used by Contractor's collection staff. d. Contractor covenants that the customer service employees handling the City's accounts will be familiar with the City of Corpus Christi Municipal Court requirements for acceptance of fines as provided by the City to Contractor. e. Contractor shall coordinate mail outs with the Contract Administrator. f. At the end of the each year of the Contract, Contractor shall provide a cover letter to City's Contract Administrator with listing of cases that are deemed uncoilectible by the Contractor. Contractor shall give its reasons why each case is uncollectible. Contractor shall also inform Contract Administrator of applicable laws which govern disposition of uncollectible court fines. g. Contractor shalt maintain a toll free telephone number for customers to call. h. All complaints regarding the collection process will be referred to Contractor for resolution. i. Contractor shall provide notification ofi all disputes or complaints raised by defendants regarding the collection process within five business days to Contract Administrator, Contractor shall provide Contract Administrator with written or electronic statement of the resolution Contractor shall provide new addresses for defendants to Contract Administrator on a monthly basis. 7, Management Repor#s. a.Contractor shall keep and maintain all required reports and make those reports available to 4 the Contract Administrator at all reasonable times. Contractor agrees to keep such o#her records and in the form as the Contract Administrator may reasonably require and to make them available at the Contract Administrator's request. b. In particular, Contractor shall provide Municipal Court Director at the end of each calendar year written documentation to indicate uncollected Delinquent Accounts which remain uncollected for at least five years from the date the account was referred to Contractor for collection. 8. ©a#a Transfer. a. City will Transfer its Municipal Court case data to Contractor via FTP Internet electronic transfers. Contractor shall provide the Contract Administrator with access to ~ secured FTP sitefserver at no cost to the City. b. All data is the property of the City Contractor shalt not retease the data without the written approval of the Contract Administrator. Contractor shall return alf data to the Contract Administrator within 30 days after termination or expiration of this Contract. c. City shat! provide Contractor with the data necessary to collect-the fees and fines that are subject to this Contract. Contractor does not assume or accept responsibility for the integrity and/or accuracy of City's data. 9. Notices. Ali notices required or permitted in this Contract must be in writing and are deemed to be delivered when deposited in the United States mail, postage prepaid, certified mail, return receipt requested, as follows: If to City: Municipal Court. Director P.O. Box 9277 Corpus Christi, TX 78469-9277 (361 } 8862515 If to Contractor: Lineberger Goggan Blair & Sampson, LLP 508 N. Water, Suite 1111 Corpus Christi, TX 78471 (361) 888-6898 Attn: Paul Daniel Chapa ,Partner 10. Compliance with Laws. Contractor and City shall comply with all applicable Federal, State, and City laws and regulations in performing this Contract. Contractor shall file required reports and comply with City conflict of interest provisions. 11. Bond and Insurance Requirements. Contractor covenants to maintain bonding and insurance coverage as required in Exhibit B. 12. Contract Administrator. The Contract Administrator designated by the City is responsible for approval of all phases of performance and operations under this Contract including authorizations for payment. All of Contractor's notices or communications regarding this Contract must be directed to the Con#ract Administrator, who is the Municipal Court Director, or designee. 13. independent Contractor. Contractor shall perform the services under this Contract as an independent contractor and will furnish such services in its own manner and method, and under no circumstances or conditions may any agent, servant, or employee of Contractor be considered as an employee of the City. 14. Indemnification. a. Contractor shall release, defend, indemnify and hold harmless the City, its agents and employees from and against any and all claims, losses, damages, causes of action, suits and liability of every kind, including all expenses of litigation, court costs and attorney's fees, arising out of or in connection with the negligent acts andlor omissions of the Contractor its officers, agents, or employees under this Contract. Contractor is expressly required to defend City against all such claims. The indemnity provision of this contract have no application to any claim or demand which results from the sale negligence or fault of City, its officers, agents, employees or contractors. And- furthermore, in the event of joint andlor shared negligence or fault of City and Contractor, responsibility and indemnity, if any, is to be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended far the sole benefit of the parties to this Contract and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. b. Contractor must be given prompt written notification of any claims, loss, damage, suit or liability of any kind and has the right to defend such action through use of its own counsel. In its sole discretion, City shall have the right to select or to approve defense counsel to be retained by Contractor in fulfilling its obligation under this Contract to defend and indemnify City, unless such right is expressly waived by City Manager in writing. City reserves the right to provide a portion or all of its own defense, however, City is under no obligation to do so. Any such action by City is not to be construed as a waiver of Contractor's obligation to defend City or as a waiver of Contractor's obligation to indemnify City pursuant to this Contract. Contractor shall retain City approved defense counsel within seven (7) business days of City's written notice that City is invoking its right to indemnification under this Contract, If Contractor fails to retain Counsel within such time period, City shall have the right to retain defense counsel an its own 6 behalf, and Contractor shall be liable for all costs incurred by City. 15. Insurance. Before activities can begin under this Contract, Contractor's insurance company(ies) must deliver a Certificate of Insurance, as proof of the required insurance coverage and the fidelity band to the Municipal Court Director and Risk Manager as required in attached Exhibit. Additionally, the Certificate must state that the Municipal Court Director will be given at least 3Q days notice of cancellation, material change in the coverage, or intent not to renew any of the policies by certified mail. The City shall be named as an Additional Insured. The City Attorney must be given copies of all insurance policies within 15 days of the City Manager's written request far copies of the insurance policies. Insurance requirements are attached and incorporated as Exhibit and may be revised annually by the City Manager upon 30 days written notice to Contractor. 16. Fiscal Year. All parties recognize that the continuation of any contract after the close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that the budget item vvill actually be adopted, that determination is within the sole discretion of the City Council at the time each budget is adopted. 17. Assignment This Contract is binding upon the parties, their legal representatives, successors, and assigns. This Contract must not be assigned without prior written consent of the City Council. 18. Venue. The laws of the State of Texas govern the interpretation, validity, performance and enforcement of this Contract. The parties agree that this Contract is performable in Nueces County. Texas and that exclusive venue lies in Nueces County, Texas. 19. Amendments. Except as specifically provided otherwise in this agreement, any alterations, additions, or deletions to the terms of this agreement must be by amendment to this Contract in writing and executed by both parties to this agreement. Modifications which do not change the essential scope and purpose of this Agreement may be approved on behalf of the City by the City Manager or designee. 20. Entirety. The entire Contract of the parties is contained in this Contract and this Contract supersedes all oral agreements and negotiations between the parties relating to the subject matter of this Contract. 21. Severance. The provisions of this Contract are severable. If any paragraph, section, subdivision, sentences, clause, ar phrase of this Contract is for any reason held to be contrary to the law or contrary to any rule or regulation having the force and effect of the law, such decisions does not affect the remaining portions of the law, such decisions does not affect the remaining portions of the Contract. However, upon the occurrence of such event, either party may terminate this Contract by giving the other party 60 days written notice. 22. Duplicate Originals. This Contract is executed in duplicate originals, any one of which, or a true copy of this Contract, have the same.evidentiaryualue. 23. Effective Date. The effective date of this Contract is the date of execution by the parties. In witness whereof, the parties have executed this Contract by signature below. Partner STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on 5`~PrECu~3 ~~ I , 20 ~o, by Paul Chapa, Partner, for Linebarger Goggan Blair & Sampson, LLP, a Texas Law firm, on behalf of the firm. ~~s MdNICAM.FAFfiAHNAKEAN f , g: MY COMMISSION EXPIRES ~~ ••• • r= Augusl8,2013 ~,sf~~ ATTEST: Armando Chapa City Secretary APPROVED AS T~ LEGAL FORM ~~ L~ s~ f~i,;.., fc;~. ~s ~' s-~J ter- C%i -f-~ ,.~-~~~,~~, ~~ ~~~h~ l otary Public, State of Texas CITY OF CORPUS CHRISTI ,- %C. 426~~i~/ ` el R. Escobar City Manager This day of , ~~• , 20 ~ ~~ ~~ ~~ C~~I~~IIv .,. I C~ ., o ~~~~~ ~ 8 INSURANCE EXHIBIT (to be inserted) EXHIBIT INSURANCE REQUIREMENTS I. CONTRACTOR'S LIABILITY INSURANCE A. Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Contractor must furnish to the City's Risk Manager two (2J copies of Certificates of Insurance, showing the following minimum coverage by insurance company~s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-Day Notice of Cancellation, material Bodily Injury and Property Damage change, non-renewal or termination is Per occurrence -Aggregate required on all certificates COMMERCIAL GENERAL LIABILITY including: $1,000,000 COMBINED SINGLE LIMIT i . Commercial Form 2. Premises -Operations 3. Products/ Completed Operations 4. Contractual Liability 5. Independent Contractors PROFESSIONAL LIABILITY to include : $1,000,000 COMBINED SINGLE LIMIT 1. Personallnjury 2. Errors and Omissions C. In the event of incidents /accidents of any kind, Contractor must furnish the Risk Manager with copies of all reports of any claims within ten (10) days of the incident/ accident. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: ~, ,a 9 * The City of Corpus Christi must be named as an additional insured on the General liability coverage. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30-day written notice of material change, non- renewal, termination or cancellation to the Risk Manager is required. 2010 Muni Court Collection Service ins. req. 6-21-10 ep Risk Mgmt