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HomeMy WebLinkAboutC2014-290 - 9/8/2014 - NA 1 LAW FIRM CONTINGENT FEE CONTRACT Delinquent Automated Red Light Enforcement Accounts This Agreement ("Agreement") is made on this the day of .kV}GyrL0114 between City of Corpus Christi, Texas, hereinafter referred to as "City", and Linebarger Goggan Blair& Sampson, LLP, hereinafter referred to as "Law Firm"; In consideration of the mutual promises herein contained, the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION 1.01 City hereby retains and employs Law Firm for the collection of delinquent accounts in automated red light enforcement hereinafter referred to as "Delinquent Accounts". An account is delinquent when it remains unpaid after ninety (90) days of the date the violation notice was mailed, and the vehicle owner has not responded to the violation notice. 1.02 The Law Firm shall pursue collection methods such as letters regarding the collection of Delinquent Accounts. Exhibit 1 identifies specific tasks to be performed by Law Firm. 1.03 The Law Firm shall provide the City Director of Financial Services with written monthly reports detailing its activities for the preceding month. No settlement agreement of any claim shall be entered into without the approval of the City Director of Financial Services. 1.04 The Law Firm is to call to the attention of the City Director of Financial Services any errors or other discrepancies coming under its observation during the progress of the work. Ownership of information acquired by Law Firm concerning the services performed during this agreement belongs to the City, and Law Firm shall only use such information as needed to perform required services. 1.05 The Law Firm shall direct that all payments be made directly to the local office for the City of Corpus Christi contractor for the automated red light traffic enforcement program. 1.06 The Law Firm shall maintain a file for each referred claim which shall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be retained after conclusion of all legal proceedings for disposition as mutually agreed to by the City's Director of Financial Services and Law firm. II. LAW FIRM'S FEES AND EXPENSES 2.01 As compensation for services required under this contract, City hereby agrees to pay Law Firm 25% of all Delinquent Accounts which are referred to Law Firm for collection and which is actually collected and paid to the City during the term of this contract. All such compensation shall become the property of the Law Firm at the time payment of the monies 2014-290 9/08/14 Linebarger Goggan Blair& Samp INDEXED 2 is made to the City. The City shall pay over said funds monthly by check and include a collection report summarizing the Delinquent Accounts for which payment was received by the City. 2.02 It is understood that if the amount of Law Firm's fees under this Contract are regulated or governed by law, and that law precludes any other fee arrangement other than the amount set by law or regulation, then the amount payable to Law Firm is limited to the maximum allowed by law. III. REQUIRED RECITALS 3.01 This Agreement is effective only after review and approval by the City Manager or his designee. 3.02 Law Firm shall keep current and complete written records that describe in detail the services provided in performing under this Contract. 3.03 At any time upon request, Law Firm shall permit City Manager or designee to inspect or obtain copies of the Law Firm's records kept in accordance with this contract. 3.04 Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, and shows Law Firm's computation of the amount of the contingent fee. 3.05 Any records kept in accordance with Section 3.02 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under Section 552.103 of the Texas Government Code only if, in addition to meeting the requirements of Section 552.103 of the Texas Government Code, the chief legal officer or employee of City determines that withholding the information is necessary to protect City's strategy or position in pending or reasonably anticipated litigation. If any information is withheld in accordance with the Section, City shall segregate said information from information that is subject to required public disclosure. 3.06 There is no difference in the method by which the contingent fee will be computed if any matter is settled, tried, or tried and appealed. 3.07 Law Firm is responsible for the payment of litigation and all other expenses, including costs of mailing notices of collection. IV. TERM 4.01 The term of this Agreement begins upon approval by City Manager or designee and continues for one year, with three one year renewal periods. Either party may terminate this 3 Agreement upon sixty (60) days prior written notice. Upon termination, Law Firm will deliver all pending files on accounts referred to it under this Contract to the City. V. CITY RESPONSIBILITIES 5.01 City shall coordinate Law Firm access to the database of Delinquent Accounts. 5.02 City shall notify Law Firm of any forwarding address on returned mail received by City. 5.03 City shall enter address changes and updates to City records of Delinquent Accounts. 5.04 City shall respond to incoming telephone calls regarding Delinquent Accounts. 5.05 City in its sole discretion shall determine the accounts for referral to Law Firm for collection under this Agreement. VI. MISCELLANEOUS 6.01 This agreement shall be construed under and in accordance with Texas law, and all obligations of the parties are performable in Nueces County, Texas. 6.02 This Agreement constitutes the sole and only Agreement between the parties and supersedes any prior undertakings or written or oral agreement between the parties respecting the subject matter of this agreement. 6.03 In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. 6.04 This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. The City Manager or his designee is authorized to execute amendments to the Agreement. 6.05 Law Firm agrees to comply with all applicable Federal, State, and Local laws, including laws related to collections. 6.06 As desired by City, Law Firm agrees to an audit of files maintained by Law Firm pertaining to this Contract. 6.07 Neither party may assign this Agreement without the prior written approval of other party. 6.08 Notice may be sent by certified mail, postage prepared, and is deemed receive on the third day after deposit if sent certified mail. Notice shall be sent as follows: 4 If to City: City of Corpus Christi, Attn: Director of Financial Services, P. 0. Box 9277, Corpus Christi, Texas 78469-9277. If to Law Firm: Linebarger Goggan Blair& Sampson, LLP, Attn: Paul D. Chapa, Partner, 500 N. Water Street, Suite 1111, Corpus Christi, Texas 78401. 6.09 The Law Firm will not commence work under this Contract until the Law Firm has complied with the insurance requirements set out in the attached Exhibit. 6.10 If the City has not awarded a new contract for the collection of delinquent accounts upon the expiration of this Contract, the contract will continue on a month-to-month basis, at the current fees, until such time as either party provides the other party with sixty (60) days written notice that it does not wish to continue the contract. This Contract automatically expires on the effective date of a new contract for the collection of Delinquent Accounts. The City will provide written notice of the effective date of the new contract to Law Firm. 6.11 The parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that said budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the budget item for this Contract is not adopted, City will notify Law Firm and Law Firm may terminate the Contract at the end of the then current fiscal year. Agreed to by the City of Corpus Christi and Law Firm: City of I I sChris ' y 11 / • BY: Wes Pie so i sistant City Manager Date: '9 IC Attest By: I 6---LeX,C,C, 47--- Rebecca uert , Ci y Secretary Date: J I 5 Approved as to form: By: Julian ant, A istant City Attorney Dater y LinebarGo lair& Sampson , LLP By: Paul Dan'el h a, Partner Date: A S�! 6 Exhibit 1 Services Performed by Law Firm Collection of Delinquent Account Mass mailings of delinquent bills as requested by City. Respond to incoming phone calls to Law Firm regarding Delinquent Accounts. Answer correspondence regarding Delinquent Accounts. Law Firm will inform City of any forwarding addresses on returned mail received by Law Firm. 7 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 (2) 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 1 . 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 . Personal Injury 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: * The City of Corpus Christi must be named as an additional insured on the General liability coverage. 8 * 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.