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HomeMy WebLinkAboutPR 14572: LINEBARGER, GOGGAN, BLAIR & SAMPSON AGREEMENTinteroffice MEMORANDUM To: Mayor, City Council, and City Manager From: Mark T. Sokolow, City Attorney ~ ~~~ Date: February 22, 2008 Subject: P. R. No. 14572; Council Meeting February 26, 2008- Attached is P. R. No. 14572 authorizing the City Manager to execute an Agreement with Linebarger, Goggan, Blair & Sampson,. L.L.P. for the collection of fines for Municipal Court. MTS:ts Attachment: City Secretary Municipal Court Administrator Clayton Mayfield LINEBARGSR, GOGGAN, BLAIR & SAMPSON, LLP z.pr14572_memo P. R. No. 14572 02/22/08 is RESOLUTION NO. A RESOLUTION AIITHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, L.L.P. FOR THE COLLECTION OF FINES FOR MUNICIPAL COURT WHEREAS, per Resolution No. 02-44, the City Council approved a two (2) year agreement with Linebarger, Gogan, Blair, Pena & Sampson, L.L.P. for the collection of fines for Municipal Court, with an option to grant two (2) additional two (2) year extensions, which the City granted; and WHEREAS, the Municipal Court has seen great benefits from the efforts of Linebarger,. Gogan, Blair & Sampson in pursuing past due accounts, as per a letter from Ms. Mingo, Court Administrator, attached hereto as Exhibit "A"; and WHEREAS, it is in the best interests of the citizens to execute a new. contract with Linebarger, Goggan, Blair & Sampson, L.L.P., in substantially the same form as attached hereto as Exhibit "B", for the collection of past due Municipal Court accounts; and WHEREAS, this contract shall be for a term of two (2) years, with the City reserving the option to extend the initial term of the contract for two (2) additional two (2) year periods, with the contract thereafter continuing on a month-to-month basis. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY z.prlc 572 OF PORT ARTHUR, TEXAS: Section 1. That the facts and opinions in the preamble are true and correct. Section 2. That the City Manager is herein authorized to execute a new contract with Linebarger, Goggan, Blair & Sampson, L.L.P., for the collection of fines for Municipal-Court, in substantially the same form as attached hereto as Exhibit "B" Section 3. That a copy of the caption. of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2008, at a Meeting of the-City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers NOES: ATTEST: ACTING CITY SECRETARY MAYOR APPROVED AS TO FORM: - CITY ATTORNEY z.pr145'/2 APPROVED FOR ADMINISTRATION: CITY MANAGER ~.priss~z ~ ~ EXHIBIT "A" 409 9838758 02~5/2~08 - 11:01 - MUNICIPAL COURT ~ 9838128 ND.370 D01 ;Q: MEMO ,. ~ _ N - ~ - .'~1't ' En - - ~ '. ~ ~ . - - Ctt y C _ ~ ~ ~ ~0 TO: Terri l-Tanks, Acting City Secretary ~ N ~ p .~. _ «-A FROM: Geralyn Mingo, Court Administrat ~" n r RATE: February 15, 2008 RE: RENEYVING CONTRACT FOR AGENCY- Per our earlier conversation, C believe it would be in the best interest of the court to renew -the-contract for the. colhction agency that we are currently using, Linebarger, Goggan Blair 8z Sampson, LLP. The court has seen great benefits from their efforts of pursuing past due accolutts, Thanks Gem EXHIBIT "B" AGREEMENT FOR FINES AND FEES COLLECTION SERVICES STATE OF TEXAS § COUNTY OF JEFFERSON AND ORANGE § THIS CONTRACT (hereinafter "AGREEMENT") is made and entered into by and between the .CITY OF PORT ARTHUR, acting herein by and through its governing. body, hereinafter styled "CLIENT", and Linebarger Goggan Blair & Sampson, LLP, hereinafter styled "FIRM". Article Nature of Relationship and Authority for AGREEMENT 1.01. The parties hereto acknowledge that this AGREEMENT creates an attorney- client relationship between CLIENT and FIRM. 1.02. The CLIENT hereby employs the FIRM to provide the services hereinafter described for compensation hereinafter provided. . 1.03. This AGREEMENT is entered into pursuant to and as authorized by Subsection (a) of ART. 103.0031, Texas Code of Criminal Procedure. Article 2 Scope of Services 2.01. CLIENT agrees to employ and does hereby employ FIRM to provide specific legal services provided herein and enforce the collection of delinquent court fees and fines that are subject to this AGREEMENT, pursuant to the terms and conditions described herein. This does not include the collection of forfeited bohds. Such legal services shall include but not be limited to recommendations and legal advice to CLIENT to take legal enforcement action; representing CLIENT in any dispute or legal challenge over authority to collect such court fees arid fines; defending CLIENT in litigation or challenges of its collection authority; and representing CLIENT in collection interests in bankruptcy matters as determined by FIRM and CLIENT. This AGREEMENT supersedes all prior oral and written. agreements between the parties regarding court fees and fines, and can only be amended if done so in writing' and signed by all parties. Furthermore, this AGREEMENT cannot be transferred or assigned by either party without the written consent of all parties. 2.02. The CLIENT may from time-to-time specify in writing additional actions that should be taken by the FIRM in connection with the collection of-the fines and fees that. are subject to this AGREEMENT. CLIENT further constitutes and appoints the FIRM as CLIENT'S attorneys to sign all legal instruments, pleadings, drafts, authorizations and papers as shall be reasonably necessary to pursue collection of-the CLIENT's claims. ~:; z.pa_k_2008.1 _ ~ \ 2.03. Except for forfeited bonds, fines and fees shall become subject to this AGREEMENT upon their becoming more than sixty (60) days past due. As used in this section, "more than 60 days past due" has that meaning assigned by Subsection (f) of Art. 103.0031, Texas Code of Criminal Procedure [as amended by Senate Bill 782, 78th Legislature (2003), effective June 18, 2003]. The meaning assigned td the phrase "more than 60 days past due" shall, for the term and purposes of this AGREEMENT, survive any future amendments to, or repeal of, Article 103.0031, Texas Code of Criminal Procedure, or any parts thereof. 2.04. The CLIENT agrees to provide to the FIRM data regarding any fines and fees that are subject to this AGREEMENT. The data shall be provided by electronic medium in a file format specified by the FIRM: The CLIENT and the FIRM may from time-to-time agree in writing to modify this format. The CLIENT shall provide the data to the FIRM not less frequently than (e.g., "weekly", "monthly°, etc). 2.05. The FIRM, in all communications seeking the collection of fines and fees, shall direct all payments directly to the CLIENT at an address designated by the CLIENT: If any fines and fees are paid. to the FIRM, said payments-shall be expeditiously turned over to the CLIENT. Article 3 Compensation 3.01. Pursuant to Ordinance No. 01-23, approved on July 24, 2001. a copy of which is attached as Exhibit "A", the CLIENT has authorized a "collection fee" of. thirty (30%) percent. The CLIENT agrees to pay the FIRM as compensation for the services required hereunder thirty (30%) percent of the total amount of all the fines and. fees [exclusive of any collection fee assessed by the CLIENT pursuant to Subsection (b) of Article 103.0031, Texas Code of Criminal Procedure] subject to the terms of this AGREEMENT as set forth in Section 2.03 above that are collected by the CLIENT during the term of this AGREEMENT. All compensation shall become the property of the FIRM at the time payment of the fines and fees is made to the CLIENT. 3.02. The CLIENT shall pay the FIRM by the thirtieth (30th) day of each -month all compensation earned by the FIRM for the previous month as provided in this Article 3. The CLIENT shall provide an accounting showing all collections for the previous month with the remittance. Article 4 Intellectual Property Rights 4.01. The CLIENT recognizes and acknowledges that the FIRM owns all right, title and interest in certain proprietary software that the FIRM may utilize in conjunction with performing the services provided in this AGREEMENT. The CLIENT agrees and hereby grants to the FIRM the right to use and incorporate any information provided by the CLIENT ("CLIENT Information") to update the databases in this proprietary software, z.pa_k_2008.1 - 2 and, notwithstanding that CLIENT Information has been or shall be used to update the databases in this proprietary software, further stipulates and agrees that the CLIENT shall have no rights or ownership whatsoever in and to the software or the data contained therein, except that the CLIENT shall be entitled to obtain a copy of such data that directly relates to the CLIENT'S accounts at any time. 4.02. The FIRM agrees that it will not share or disclose any specific confidential CLIENT Information with any other company, individual, organization or agency, without the prior written consent of the CLIENT, except as may be required by law or where such information is otherwise publicly available. It is agreed that the FIRM shall have the right to use CLIENT Information for internal analysis, improving the proprietary software and database, and generating aggregate 'data and statistics that may inherently contain CLIENT Information. These aggregate statistics are owned solely by the FIRM and will generally be used internally, but may be shared with the FIRM'S affiliates, partners or other third parties for purposes of improving the FIRM'S software and services. Article 5 Costs 5.01. The FIRM and CLIENT recognize that. certain costs may be incurred in the process of providing any additional services contemplated in Section 2.02 above or in providing any special litigation services. The CLIENT agrees that all such costs shall be billed to the CLIENT, but that the FIRM will either (i) advance such costs on behalf of the CLIENT or, (ii) when possible, arrange with the vendor or agency providing the service that the costs of services will not be paid unless and until such costs are recovered by the CLIENT from the debtor. 5.02. The CLIENT acknowledges that the FIRM may provide such services with its own employees or with other entities or individuals who may be affiliated with the FIRM, but the FIRM agrees that any charges for such services will be reasonable and. consistent with what the same services would cost if obtained from a third party. 5.03. The CLIENT agrees that upon the recovery of such casts, the CLIENT will (i) pay the FIRM for any such costs that have been advanced by the FIRM or performed by the FIRM and (ii) pay any third party agency or vendor owed for performing such services. Article 6 Term and Termination 6.01. The initial term of this AGREEMENT is two (2) years, beginning March 1, 2008, and shall thereafter continue on a month-to-month basis. The CLIENT reserves the option to extend the initial term of the AGREEMENT for two (2) additional two (2) year periods, with the AGREEMENT thereafter continuing on a month-to-month basis. Either party may, without cause, terminate this AGREEMENT at the end of the initial AGREEMENT term or thereafter by giving the other party written notice of termination. 3 z.pa_k_2008.1 6.02. If, at any time during the initial term of this AGREEMENT or any extension hereof, the CLIENT determines that the FIRM's performance under this AGREEMENT is unsatisfactory, the CLIENT shall notify the FIRM in writing of the CLIENT's determination. The notice from the CLIENT shall specify the particular deficiencies-that the CLIENT has observed in the FIRM's performance. The FIRM shall have sixty (60) days from the date of the notice to cure any such deficiencies. If, at the conclusion of that sixty (60) day remedial period, the CLIENT remains unsatisfied with the FIRM's performance, the CLIENT may, at its sole discretion, terminate this AGREEMENT effective upon the expiration of thirty (30) days following the date of written notice to the FIRM of such termination ("Termination Date"). 6.03. Upon termination of this AGREEMENT, and if the CLIENT does hot have another vendor, the FIRM will continue to receive the collection fee for an additional 120 days on all monies paid by Defendants on accounts that were in existence at the time of the termination of this AGREEMENT that have been referred to the FIRM. 6.04. Upon termination of this AGREEMENT, -and if the CLIENT hires another vendor, the FIRM will receive the collection fee of an monies paid by Defendants for the next thirty (30) days regardless of whether the FIRM or the new vendor actually contacted the Defendants. Article 7 Miscellaneous 7.01. Subcontracting: -The FIRM may from time-to-time obtain co-counsel or subcontract some of the services provided for herein to other law firms or entities. In such cases, the FIRM will retain supervisory control and responsibility for any services provided by such co-counselor subcontractors and shalt be responsible to pay any compensation due to any such co-counsel or subcontractor. 7.02. Arbitration. Any controversy between the parties to this AGREEMENT involving the construction or application of any of the terms, covenants, or conditions of this AGREEMENT shall, on the written request of one party served on-the other, be submitted to arbitration in Jefferson County and such arbitration shall comply with and be governed by the provisions of the Texas General Arbitration Act. 7.03. The FIRM shall indemnify and hold the CLIENT harmless from and against all liabilities, losses and/or costs arising from claims for damages; or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of the FIRM'S performance of the services described in this AGREEMENT. The indemnity provision of this AGREEMENT shall have no application to any claim or demand which results from the sole negligence or fault of the CLIENT, its officers, agents, employees, or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the CLIENT and the FIRM, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The a z.pa_k_2008.1 _ - - provisions of this paragraph are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. 7.04. The FIRM will actively seek to contact each Defendant by a letter within thirty (30) days of referral of the case, and thereafter will actively seek to phone each Defendant. 7.05. The Muriicipal Court Clerk will give timely notice to the FIRM as to whether Defendants. pay these fines, so that the FIRM will discontinue contacting the Defendants. 7.06. The FIRM will give the CLIENT monthly or such other periodic reports as requested by the City Secretary on: 1) the number of letters that were sent to Port Arthur Defendants; 2) the number of calls to Port Arthur Defendants; and 3) such other reasonable and available information as requested by the City Secretary to determine if the FIRM is actively contacting Port Arthur Defendants and is in compliance with the AGREEMENT. 7.07. The FIRM will comply with all applicable State and Federal laws as to debt collection, and will hold the CLIENT harmless and indemnify .the CLIENT for any violations thereof that is caused by the FIRM. 7.08. Integration. This AGREEMENT contains the entire AGREEMENT between the. parties hereto and may only be modified in a written amendment, executed by both parties. , 7.09. Representation of Other Governmental Entities. The CLIENT acknowledges and consents to the representation by the FIRM of other governmental entities that may be seeking the payment of fines and fees or other claims from the same person(s) as the CLIENT. 7.10. Notices. 'For purposes of sending any notice under the terms of this AGREEMENT, all notices-from CLIENT shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760-7428 Or 1949 South IH 35 Austin, Texas 78741 z.pa_k_2008.1 5 All notices from the FIRM to the CLIENT shall be sent to CLIENT by certified United States mail, or delivered by hand or by courier, and addressed as follows: City ofPort Arthur Attention: Municipal Court Clerk 444 4th St. Port Arthur, Texas 77640 EXECUTED ON this the day of , 2008. THE CITY OF PORT ARTHUR By: CITY MANAGER WITNESSED BY: ACTING CITY SECRETARY EXECUTED ON this the day of , 2008. LINEBARGER GOGGAN BLAIR & SAMPSON, L.L.P. BY: FOR THE FIRM WITNESSED BY: BYr z.pa_k_2008.1 6