HomeMy WebLinkAboutPR 23621: CONTRACT WITH MCCREARY, VESELKA, BRAGG AND ALLEN, P.C., COLLECTION OF MUNICIPAL COURT FINES P.R. No. 23621
02/09/2024 SB
RESOLUTION NO.
A RESOLUTION AUTHORIZING THE FIRST RENEWAL
OF THE CONTRACT WITH MCCREARY, VESELKA,
BRAGG & ALLEN, P.C., OF ROUND ROCK, TEXAS, FOR
COLLECTION OF MUNICIPAL COURT FINES
WHEREAS, per Resolution No. 22-116 adopted on March 29, 2022 the City of
Port Arthur entered into a two-year contract with the option to renew for two (2)
additional two (2) year periods with McCreary, Veselka, Bragg & Allen, P.C. for the
collection of Municipal Court fines; and
WHEREAS, the City desires to renew the contract for an additional two (2)years
with the option of renew for one (1) additional two (2) year term with McCreary,
Veselka, Bragg & Allen, P.C., Attorneys at Law, of Round Rock, Texas, in substantially
the same form as attached hereto as Exhibit"A".
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PORT ARTHUR,TEXAS:
THAT,the facts and opinions in the preamble are true and correct; and
THAT, the City Manager is hereby authorized to execute a two (2) year contract
(first renewal) with the option to renew for one (1) additional two-year period with
McCreary, Veselka, Bragg & Allen, P.C., Attorneys as Law, of Round Rock, Texas, for
collection of Municipal Court fines, in substantially the same form as attached hereto as
Exhibit "A"; and
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., 2024; at a Regular Meeting of the City Council of the City of Port Arthur, Texas,
by the following vote:
AYES: Mayor
Pir
Councilmembers
NOES:
THURMAN BARTIE, MAYOR
ATTEST:
SHERRI BELLARD, CITY SECRETARY
APPROVED AS TO FORM:
U/Cred- 041 ,41,/tagif
VALECIA IZENO, CITY ATTORNEY
APPROVED FOR ADMINISTRATION:
RONALD BURTON, CITY MANAGER
APPROVED AS TO AVAILABILITY OF FUNDS:
C &-t 1-LYNDA BOSWELL, FINANCE DI CTOR
PR.23621
EXHIBIT "A"
PR. 23621
STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS
§ AGREEMENT FOR PROFESSIONAL SERVICES
COUNTY OF JEFFERSON §
This Agreement for Professional Services("Agreement")is made by and between the City of Port
Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and
McCreary, Vaselka, Bragg, & Allen, P.C. ("Professional") (individually, each a "Party" and
collectively, "Parties"), acting by and through the Parties' authorized representatives.
Recitals:
WHEREAS, City desires to engage the services of Professional as an independent
contractor and not as an employee in accordance with the terms and conditions set forth in this
Agreement; and
WHEREAS, Professional desires to render professional services in accordance with the
terms and conditions set forth in this Agreement.
NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other
valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties
agree as follows:
Article I
Employment of Professional
Professional will perform as an independent contractor all services under this Agreement
to the prevailing professional standards consistent with the level of care and skill ordinarily
exercised by members of Professional's profession, both public and private, currently practicing
in the same locality under similar conditions including but not limited to the exercise of reasonable,
informed judgments and prompt, timely action. If Professional is representing this it has special
expertise in one or more areas to be utilized in the performance of this Agreement, then
Professional agrees to perform those special expertise services to the appropriate local, regional
and national professional standards.
Article II
Term
2.1 The term of this Agreement shall begin on the last date of execution hereof by all
parties hereto(the"Effective Date")and shall continue thereafter until the two(2)year anniversary
of the Effective Date. Professional shall commence work once the Notice to Proceed is issued by
the City.
2.2 Professional may terminate this Agreement by giving thirty (30)days prior written
notice to City. In the event of such termination by Professional, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination.
2.3 City may terminate this Agreement by giving ten (10) days prior written notice to
Professional. In the event of such termination by City, Professional shall be entitled to
compensation for services satisfactorily completed in accordance with this Agreement prior to the
date of such termination. Upon receipt of such notice from City, Professional shall immediately
terminate working on, placing orders or entering into contracts for supplies, assistance, facilities
or materials in connection with this Agreement and shall proceed to promptly cancel all existing
contracts insofar as they are related to this Agreement.
Article III
Scope of Services
3.1 Professional shall perform the services specifically set forth in Exhibit A, attached
hereto and incorporated herein by reference,entitled"Scope of Services." In case of conflict with
the language of Exhibit A and the provisions of this Agreement,the provisions of this Agreement
shall control. Any additional services require the prior approval of the City Council of the City.
3.2 The Parties acknowledge and agree that any and all opinions provided by
Professional represent the best judgment of Professional.
Article IV
Schedule of Work
4.1 Professional agrees to commence services upon written direction from City and to
complete the tasks set forth in Exhibit A, Scope of Services/Work, which is attached hereto and
incorporated herein.
4.2 In the event Professional's performance of this Agreement is delayed or interfered
with by acts of City or others, Professional may request an extension of time for the performance
of same as hereinafter provided, and City shall determine whether to authorize any increase in fee
or price, or to authorize damages or additional compensation as a consequence of such delays,
within a reasonable time after receipt of Professional's request.
4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed
or made by Professional, unless Professional shall have made written request upon City for such
extension not later than five(5)business days after the occurrence of the cause serving as the basis
for such extension request, and unless City and Professional have agreed in writing upon the
allowance of such additional time.
Article V
Compensation and Method of Payment
5.1 City shall compensate Professional for the services in accordance with the terms
set forth in Section E. of the Professional's Response to RFP#P21-068 (see Exhibit B).
5.2 Each month Professional shall submit to City an invoice supporting the amount for
which payment is sought. Each invoice shall also state the percentage of work completed on the
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
Project through the end of the then submitted billing period,the total of the current invoice amount,
and a running total balance for the Project to date.
5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make
monthly payments in the amount shown by Professional's approved monthly invoice and other
documentation submitted.
5.4 Professional shall be solely responsible for the payment of all costs and expenses
related to the services provided pursuant to this Agreement including, but not limited to, travel,
copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage
charges, except as set forth in Exhibit A.
5.5 Nothing contained in this Agreement shall require City to pay for any services that
is unsatisfactory as determined by City or which is not performed in compliance with the terms of
this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section
constitute a waiver of any right, at law or in equity, which City may have if Professional is in
default, including the right to bring legal action for damages or for specific performance of this
Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any
subsequent default.
Article VI
Devotion of Time,Personnel,and Equipment
6.1 Professional shall devote such time as reasonably necessary for the satisfactory
performance of the services under this Agreement. City reserves the right to revise or expand the
scope of services after due approval by City as City may deem necessary, but in such event City
shall pay Professional compensation for such services at mutually agreed upon charges or rates.,
and within the time schedule prescribed by City, and without decreasing the effectiveness of the
performance of services required under this Agreement. In any event, when Professional is
directed to revise or expand the scope of services under this Agreement,Professional shall provide
City a written proposal for the entire costs involved in performing such additional services. Prior
to Professional undertaking any revised or expanded services as directed by City under this
Agreement, City must authorize in writing the nature and scope of the services and accept the
method and amount of compensation and the time involved in all phases of the Project.
6.2 It is expressly understood and agreed to by Professional that any compensation not
specified in this Agreement may require approval by the City Council of the City of Port Arthur
and may be subject to current budget year limitations.
6.3 To the extent reasonably necessary for Professional to perform the services under
this Agreement, Professional shall be authorized to engage the services of any agents, assistants,
persons, or corporations that Professional may deem proper to aid or assist in the performance of
the services under this Agreement. The cost of such personnel and assistance shall be borne
exclusively by Professional.
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
6.4 Professional shall furnish the facilities,equipment,telephones,facsimile machines,
email facilities, and personnel necessary to perform the services required under this Agreement
unless otherwise provided herein.
Article VII
Relationship of Parties
7.1 It is understood and agreed by and between the Parties that in satisfying the
conditions and requirements of this Agreement, Professional is acting as an independent
contractor, and City assumes no responsibility or liability to any third party in connection with the
services provided by Professional under this Agreement. All services to be performed by
Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and
not as an agent, servant, representative, or employee of City. Professional shall supervise the
performance of its services and shall be entitled to control the manner, means and methods by
which Professional's services are to be performed, subject to the terms of this Agreement. As
such, City shall not train Professional, require Professional to complete regular oral or written
reports, require Professional to devote his full-time services to City, or dictate Professional's
sequence of work or location at which Professional performs Professional's work, except as may
be set forth in Exhibit A.
Article VIII
Insurance
8.1 Before commencing work, Professional shall, at its own expense, procure, pay for
and maintain during the term of this Agreement the following insurance written by companies
approved by the state of Texas and acceptable to City. Professional shall furnish to the City
Manager certificates of insurance executed by the insurer or its authorized agent stating coverages,
limits, expiration dates and compliance with all applicable required provisions. Certificates shall
reference the project/contract number and be addressed as follows:
City of Port Arthur, Texas
Attention: Ron Burton, City Manager
444 4th Street
Port Arthur, Texas 77640
A. Commercial General Liability insurance, including, but not limited to
Premises/Operations, Personal & Advertising Injury, Products/Completed Operations,
Independent Contractors and Contractual Liability, with minimum combined single limits
of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and
$500,000 general aggregate. Coverage must be written on an occurrence form. The
General Aggregate shall apply on a per project basis.
B. Workers' Compensation insurance with statutory limits; and Employers'
Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each
accident, and 2) by disease, $100,000 per employee with a per policy aggregate of
$500,000.
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
PP
C. Business Automobile Liability insurance covering owned, hired and non-
owned vehicles, with a minimum combined bodily injury and property damage limit of
$500,000 per occurrence.
D. Professional Liability Insurance to provide coverage against any claim
which the Professional and all professionals engaged or employed by the Professional
become legally obligated to pay as damages arising out of the performance of professional
services caused by error, omission or negligent act with minimum limits of$1,000,000 per
claim, $1,000,000 annual aggregate.
NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by
renewal or extended reporting period) for not less than thirty-six (36) months
following completion of this Agreement and acceptance by City.
8.2 With reference to the foregoing required insurance, Professional shall endorse
applicable insurance policies as follows:
A. A waiver of subrogation in favor of City, its officials, employees, and
officers shall be contained in the Workers' Compensation insurance policy.
B. The City, its officials, employees and officers shall be named as additional
insureds on the policies enumerated in Section 8.1, by using endorsement CG2026 or
broader.
C. All insurance policies shall be endorsed to the effect that City will receive
at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material
change of the policies.
8.3 All insurance shall be purchased from an insurance company that meets a financial
rating of B+VI or better as assigned by A.M. Best Company or equivalent.
Article IX
Right to Inspect Records
9.1 Professional agrees that City shall have access to and the right to examine any
directly pertinent books, documents, papers and records of Professional involving transactions
relating to this Agreement. Professional agrees that City shall have access during normal working
hours to all necessary Professional facilities and shall be provided adequate and appropriate work
space in order to conduct audits in compliance with the provisions of this section. City shall give
Professional reasonable advance notice of intended audits.
9.2 Professional further agrees to include in subcontract(s), if any, a provision that any
subcontractor agrees that City shall have access to and the right to examine any directly pertinent
books, documents, papers and records of such subcontractor involving transactions related to the
subcontract, and further, that City shall have access during normal working hours to all such
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
subcontractor facilities and shall be provided adequate and appropriate work space, in order to
conduct audits in compliance with the provisions of this section. City shall give any such
subcontractor reasonable advance notice of intended audits.
Article X
Miscellaneous
10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto
constitutes the sole and only agreement between the Parties and supersedes any prior or
contemporaneous understandings,written agreements or oral agreements between the Parties with
respect to the subject matter of this Agreement. Exhibits to this Professional Services Agreement
include Exhibits"A," Scope of Work and Exhibit"B,"City of Port Arthur's Request for Proposal
#21-068 and Professional's Response to Request for Proposal #21-068. In the event of a conflict
between any of the documents, the Agreement for Professional Services governs and prevails.
10.2 Authorization. Each Party represents that it has full capacity and authority to grant
all rights and assume all obligations granted and assumed under this Agreement.
10.3 Assignment. Professional may not assign this Agreement in whole or in part
without the prior written consent of City. In the event of an assignment by Professional to which
the City has consented, the assignee shall agree in writing with the City to personally assume,
perform, and be bound by all the covenants and obligations contained in this Agreement.
10.4 Successors and Assigns. Subject to the provisions regarding assignment, this
Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs,
executors, administrators, legal representatives, successors and assigns.
10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern
this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a
District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to
submit to the personal and subject matter jurisdiction of said court.
10.6 Amendments. This Agreement may be amended only by the mutual written
agreement of the Parties.
10.7 Severability. In the event 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 by a
court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any
other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal,
or unenforceable provision had never been contained in this Agreement.
10.8 Survival of Covenants and Terms. Any of the representations, warranties,
covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining
to a period of time following the termination of this Agreement shall survive termination,
including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14.
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
10.9 Recitals. The recitals to this Agreement are incorporated herein.
10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by
first class mail, overnight courier or by confirmed telefax or facsimile to the address specified
below, or to such other Party or address as either Party may designate in writing, and shall be
deemed received three (3) days after delivery set forth herein:
If intended for City:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Ron Burton, City Manager
Copy to:
City of Port Arthur, Texas
444 4th Street
Port Arthur, Texas 77640
Attn: Val Tizeno, City Attorney
If intended for Professional:
McCreary, Vaselka, Bragg, & Allen, P.C.
700 Jeffrey Way Suite 100
Round Rock, Texas 78665
10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate
counterparts, each of which when so executed and delivered shall be deemed an original, but all
such counterparts shall together constitute one and the same instrument. Each counterpart may
consist of any number of copies hereof each signed by less than all, but together signed by all of,
the Parties hereto.
10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part
hereof for all purposes.
10.13 Professional's Liability. Acceptance of the Project Documents by City shall not
constitute nor be deemed a release of the responsibility and liability of Professional,its employees,
associates, agents or subcontractors for the accuracy and competency of their designs, working
drawings, specifications or other documents and work; nor shall such acceptance be deemed an
assumption of responsibility by City for any defect in the Project Documents or other documents
and work prepared by Professional, its employees, associates, agents or sub-consultants.
10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD
HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S
FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO
OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF
SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION
ON THE PART OF PROFESSIONAL, ITS OFFICERS, DIRECTORS, SERVANTS,
AGENTS, EMPLOYEES, REPRESENTATIVES, CONTRACTORS,
SUBCONTRACTORS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS
OR DAMAGES ARISE FROM OR ARE ATTRIBUTED TO THE NEGLIGENCE OF
THE CITY). IF ANY ACTION OR PROCEEDING SHALL BE BROUGHT BY OR
AGAINST CITY IN CONNECTION WITH ANY SUCH LIABILITY OR CLAIM, THE
PROFESSIONAL, ON NOTICE FROM CITY, SHALL DEFEND SUCH ACTION OR
PROCEEDINGS AT PROFESSIONAL'S EXPENSE, BY OR THROUGH ATTORNEYS
REASONABLY SATISFACTORY TO CITY. PROFESSIONAL'S OBLIGATIONS
UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE
OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY
PROFESSIONAL UNDER THIS AGREEMENT. IF THIS AGREEMENT IS A
CONTRACT FOR ENGINEERING OR ARCHITECTURAL SERVICES, THEN THIS
SECTION IS LIMITED BY, AND TO BE READ AS BEING IN COMPLIANCE WITH,
THE INDEMNITY SPECIFIED IN § 271.904 OF THE TEXAS LOCAL GOVERNMENT
CODE, AS AMENDED. THIS SECTION SHALL SURVIVE TERMINATION OF THIS
AGREEMENT
10.15 Conflicts of Interests. Professional represents that no official or employee of City
has any direct or indirect pecuniary interest in this Agreement. Any misrepresentation by
Professional under this section shall be grounds for termination of this Agreement and shall be
grounds for recovery of any loss, cost, expense or damage incurred by City as a result of such
misrepresentation.
10.16 Default. If at any time during the term of this Agreement, Professional shall fail to
commence the services in accordance with the provisions of this Agreement or fail to diligently
provide services in an efficient, timely and careful manner and in strict accordance with the
provisions of this Agreement or fail to use an adequate number or quality of personnel to complete
the services or fail to perform any of Professional's obligations under this Agreement, then City
shall have the right, if Professional shall not cure any such default after thirty (30) days written
notice thereof, to terminate this Agreement. Any such act by City shall not be deemed a waiver
of any other right or remedy of City. If after exercising any such remedy due to Professional's
nonperformance under this Agreement, the cost to City to complete the services to be performed
under this Agreement is in excess of that part of the contract sum which as not theretofore been
paid to Professional hereunder, Professional shall be liable for and shall reimburse City for such
excess costs.
10.17 Confidential Information. Professional hereby acknowledges and agrees that its
representatives may have access to or otherwise receive information during the furtherance of
Professional's obligations in accordance with this Agreement, which is of a confidential, non-
public or proprietary nature. Professional shall treat any such information received in full
confidence and will not disclose or appropriate such Confidential Information for Professional's
own use or the use of any third party at any time during or subsequent to this Agreement. As used
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City of Port Arthur, Texas
Professional Services Agreement
herein, "Confidential Information"means all oral and written information concerning the City, its
affiliates and subsidiaries, and all oral and written information concerning City or its activities,
that is of a non-public,proprietary or confidential nature including,without limitation,information
pertaining to customer lists, services, methods,processes and operating procedures, together with
all analyses,compilations,studies or other documents,whether prepared by Professional or others,
which contain or otherwise reflect such information. The term "Confidential Information" shall
not include such information that is or becomes generally available to the public other than as a
result of disclosure to Professional, or is required to be disclosed by a governmental authority
under applicable law.
10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of
any other right or remedy herein by law or equity provided or permitted; but each right or remedy
shall be cumulative of every other right or remedy given hereunder. No covenant or condition of
this Agreement may be waived without written consent of the Parties. Forbearance or indulgence
by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant
to this Agreement.
10.19 No Third Party Beneficiary. For purposes of this Agreement, including the
intended operation and effect of this Agreement, the Parties specifically agree and contract that:
(1) this Agreement only affects matters between the Parties to this Agreement, and is in no way
intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the
fact that such third person or entity may be in contractual relationship with City or Professional or
both;and(2)the terms of this Agreement are not intended to release,either by contract or operation
of law, any third person or entity from obligations owing by them to either City or Professional.
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PR 23621
City of Port Arthur, Texas
Professional Services Agreement
EXECUTED this day of , 2024.
CITY:
CITY OF PORT ARTHUR,TEXAS,
A Texas home-rule municipality,
By:
Ron Burton,City Manager
ATTEST:
Sherri Bellard, City Secretary
APPROVED AS TO FORM:
Val Tizeno, City Attorney
EXECUTED this day of , 2024.
PROFESSIONAL:
MCCREARY, VASELKA, BRAGG,
& ALLEN,P.C.
A Texas
By:
Name: Matthew Tepper
Title: Shareholder
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
Exhibit A
to Agreement
Scope of Services/Work
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
SCOPE OF WORK
1. The Court will provide files electronically to the successful Contractor (hereinafter
referred to in this section as "Contractor") of those persons having outstanding
City of Port Arthur Municipal Court cases. This information can include, but is
not limited to the following:
a) Person's name, personal identifiers and driver license number, last known
residential address, last known telephone number, citation number, alleged
offense committed, offense date, amount of fine, amount paid (if any), amount
due, and if applicable, date of warrant and amount of warrant fine.
b) CITY will provide current file layouts. Electronic transfer of data must
include the Contractor having a PC that enables the City of Port Arthur to email
an attachment or upload on the Internet via secure FTP. The Contractor must be
able to receive and return files back and forth between CITY and Contractor.
c) It will be the Contractor's responsibility to assure compatibility of CITY's
data files and transmittal medium to the Contractor's computer system. The
Contractor shall bear all costs, if necessary, for data conversion to make the
CITY's computer system compatible with that of the Contractor's and any
incidental costs related to the data transfer.
2. Historically, the CITY sends various outstanding misdemeanors and warrants to
the Contractor for collection services on a regular basis (i.e. daily, weekly, and/or
monthly). These cases and warrants consist of the following types:
a) Active Alias Warrants -These are warrants in which no judgment has
been entered assessing any sums due from the defendant in the case, but the
defendant is subject to immediate arrest to answer for the pending criminal
charge.
b) Active Capias Pro Fine Warrants -These are warrants in which a
judgment has been entered assessing a sum owed by the defendant in order to
discharge the defendant from liability and the defendant is subject to immediate
arrest.
c) Outstanding Cases -These cases are outstanding Class C Misdemeanors
for traffic, non- traffic, and parking violations that occurred in the incorporated
CITY limits, including CITY Ordinance violations. These are cases that may or
may not have appeared before the Court and may or may not have judgment
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City of Port Arthur, Texas
Professional Services Agreement
entered against them. Therefore, the defendant is not subject to immediate
arrest.
3. The CITY will supply the Contractor with two separate listings. They shall be
known as the History File and the Collect and Warrant File.
a) The History File shall be provided one time only. This file will contain the
entire backlog of active warrants previously worked by the CITY'S existing
collection agency.
b) The Collect and Warrant File shall be issued on a regular or as needed
basis and shall contain those cases that are Outstanding Cases as well as Active
Warrants that were processed by the Port Arthur Municipal Court. This file will
contain unresolved cases not issued for warrant and the most recent past dues
processed for warrant.
4. Contractor agrees to perform the following:
a) Contractor will become familiar with the legal distinctions of each type of
case and warrant submitted for collection effort and will develop a series of
contacts with the defendant that do not violate the defendant's statutory and
constitutional rights.
b) Contractor will attempt to contact the defendant named in any case or
warrant submitted for collection service at least eight (8) times in a 180-day
I period through a rotating telephone and letter cycle. Voice/telephone contact
attempts shall be limited to between the hours of 8:00 AM. and 9:00 P.M.,
Monday through Saturday. No Sunday contacts will be attempted.
c) Contractor will submit written scripts for telephone contacts and written
communications for approval by the CITY for each type of case and warrant
submitted to Contractor for collection services. The Contractor shall pay all costs
related to the telephone contact and written communications.
d) Contractor will instruct all defendants to forward monies directly to the
Port Arthur Municipal Court. Should the Contractor receive a payment from a
defendant, the Contractor shall forward payment directly to the CITY in the form
of the original negotiable instrument received.
e) Contractor shall use due diligence, reasonable and ethical methods, and
employ lawful means to effect collection on the CITY'S outstanding cases
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
including adherence to all federal and state laws governing collections.
f) Contractor will guarantee that every defendant will be dealt with in a
professional and courteous manner.
g) The CITY may recall for collection efforts and the Contractor will not be
entitled to any fee for any money collected after any case has been recalled.
h) Contractor will return information on cases submitted for collection
services including all information developed by the Contractor regarding the
defendant or his whereabouts, as requested by the CITY.
i) Contractor will guarantee that a full-time customer service representative
will be assigned to the City of Port Arthur and available to address day-to-day
issues.
5. Additional written and/or telephone contacts may be made at the choice of the
Contractor within the hours stipulated in (4)(b) above.
6. Contractor shall work with CITY to conduct Warrant Round-Up or Amnesty
Programs as requested, requiring Contractor to send out additional notices and
providing the CITY with an updated address list of defendants within the Port
Arthur area.
7. All information supplied by the CITY to the Contractor shall be kept confidential
and not disclosed to parties other than the Contractor's employees on a need-to-
know basis for the purpose of contract performance and to the defendant.
Contractor shall not disclose social security number, driver's license number or
any other information deemed confidential by the CITY to anyone other than the
defendant. CITY will notify Contractor of information deemed confidential, as
appropriate.
8. Both the CITY and the Contractor will jointly review the appropriate cases
for which payment is due to the Contractor on a monthly basis.
a) The Contractor will be paid a collection fee in accordance with Article
103.0031 of the Texas Code of Criminal Procedure, as amended.
b) Contractor will not be entitled to reimbursement for expenses incurred
under the Contract.
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
c) The CITY shall not be liable under the contract for any services which are
unsatisfactory or which the CITY has not approved.
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
Exhibit B
to Agreement
Professional's Response To RFP
PR 23621
City of Port Arthur, Texas
Professional Services Agreement
Exhibit B
to Agreement
Professional's Response to RFP
City of Port Arthur, Texas
Professional Services Agreement
mvbaGoing Furthe.T: . .
McCreary Veselka Bragg & Allen P.C. Attorneys at Law
Proposal for:
City of Port Arthur, Texas
RFP # P21-068
Collection of Fines for Municipal Court
Due September 8, 2021 3:00 pm
Prepared by:
McCreary,Veselka, Bragg&Allen P.C.
700 Jeffrey Way Suite 100
Round Rock,TX 78665
800-369-9000
Contact: Steven Whigham/Director of Operations
mvba Going Further': ..
McCreary Veselka Bragg&Allen PC.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
TABLE OF CONTENTS
LETTER OF INTEREST
AFFIDAVIT
CONFLICT OF INTEREST QUESTIONNAIRE
APPENDIX A. NON-DISCLOSURE AGREEMENT
COVER LETTER
A. QUALIFICATIONS
MUNICIPAL COURT COLLECTION EXPERIENCE 1
RECORD OF SERVICE 3
MUNICIPAL COURT CLIENT LIST 4
TEXAS COURT COLLECTION EXPERIENCE 9
COMPARABLE STATISTICS & PERFORMANCE 10
REFERENCES 11
ELECTRONIC DATA TRANSFER 12
KEY STAFF & EXPERIENCE 13
WARRANT ROUND-UP/AMNESTY EXPERIENCE 15
B. COLLECTION PROCEDURES
PROJECT MANAGEMENT ORGANIZATION 1
COLLECTION PROGRAM HIGHLIGHTS 2
COLLECTION PROGRAM FLOWCHART 5
COLLECTION PROJECT TIMELINE 6
ADDRESS RESEARCH AND SKIP-TRACING 7
SAMPLE LETTER & PHONE SCRIPTS 9
FINES AND FEES CALL CENTER FLOWCHART 11
RESPONDING TO DEFENDANT INQUIRIES 12
Table of Contents
mvba Going FurtherT: . .
McCreary Veselka Bragg&Allen PC.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
NON-ENGLISH SPEAKING DEFENDANTS 13
TELEPHONY TECHNOLOGY 13
WARRANT ROUNDUP/AMNESTY METHODOLOGY 14
C. COLLECTION STAFFING & SYSTEMS
KEY PERSONNEL FLOW CHART 1
PROJECT MANAGEMENT TEAM FLOWCHART 2
KEY PERSONNEL QUALIFICATIONS 3
PROFESSIONAL COLLECTION STAFF &TRAINING 8
LT SYSTEMS INTERFACE 9
COMPUTER NETWORK 10
ELECTRONIC DATA TRANSFER 11
CLIENT WEB ACCESS 12
RECORD MAINTENANCE AND RETENTION 13
D. MONTHLY ACTIVITY REPORTS
AUDIT AND COOPERATIVE EFFORT 1
REPORTING OF COLLECTION RESULTS 1
SAMPLE C-STAT REPORTS 2
MANAGEMENT REPORTS 4
E. COST/FEE CHARGED TO THE CITY
PROPOSED FEE STRUCTURE 1
CALCULATION OF FEE 1
INVOICE CALCULATION 2
VALUE ADDED SERVICE ENHANCEMENTS 4
F. PORT ARTHUR RFP P21-068 COLLECTION OF FINES FOR
MUNICIPAL COURT AND ANY ADDENDA
Table of Contents
mvba Going Further": . .
McCreary Veselka Bragg&Allen PC.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
EXHIBITS
Reports
1. Sample Re p
2. Sample Letters
3. Sample Telephone Scripts
4. Third Party Debt Collectors Bond
5. Certificate of Insurance
6. Certificate of Account Status
7. Member of the American Collectors Association of Texas
8. Member of the American Collectors Association International
Exhibits
mvba Going Further T. .
700 Jeffrey Way,Suite 100
P.O. Box 1310
Round Rock,Texas 78680
September 3, 2021
City of Port Arthur
Attention: Mr. Clifton Williams/Sr. Purchasing Assistant
444 4th St. 4th Floor
Port Arthur, TX 77640
Re: RFP # P21-068 Collection of Fines for Municipal Court
Dear Mr. Williams:
McCreary. Veselka, Bragg & Allen P.C.. Attorneys at Law (MVBA) is pleased to submit our Proposal for
Collection Services for the City of Manor Municipal Court. MVBA understands that the City is seeking a
complete municipal court collection solution that helps you achieve your highest priority objectives. For
over 59 years MVBA has been a leader in providing governmental collection services.
MVBA is privileged to have been successfully representing the City in the collection of delinquent court
fines and fees since 2015. With our extensive history in representing the City and our success in
providing these services, we believe MVBA to be an excellent choice in continuing to provide court
collection services for the City.
We are committed to providing the best delinquent collection program available to the City, including all
of the services outlined in the Request for Proposal. Our response to this RFP outlines how we provide
each of those services. The Firm guarantees the City will be kept well informed of the status of the
collection program and the progress of our efforts through continuous personal communication and
consistent reporting. MVBA is committed to providing additional services (at no charge to the City) that
can increase efficiencies and further enhance the collection program should the City wish to facilitate
these services.
The persons authorized to make representation and bind MVBA in this proposal are:
Harvey M. Allen Steven W. Whigham
Attorney at Law Director of Operations
• 700 Jeffrey Way, Suite 100 700 Jeffrey Way, Suite 100
Round Rock, Texas 78665 Round Rock, Texas 78665
512-323-3200 ext 231 512-323-3200 ext 275
Fax 512-323-3210 Fax 512-323-3210
We appreciate your consideration and look forward to the prospect of continuing to serve the City. Should
you have any questions. please contact me at 512-323-3200 ext. 231 or hallenna mvbalaw.com or Steven
Whigham. Direction of Operations. at 512-323-3200 ext. 275 or swhiaham mvbalaw.com .
Sinc rely,
Harvey . Allen
Attorney at Law
mvba Going Further-. . .
McCreary Veselka Bragg&Allen PC.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
A. OFFEROR QUALIFICATIONS
MUNICIPAL COURT COLLECTION EXPERIENCE
The Law Firm of McCreary, Veselka, Bragg & Allen, P. C. (MVBA) is a Texas Professional Corporation
with over 59 years of experience collecting government receivables utilizing one of the nation's most
technologically advanced debt collection programs. While our collection efforts extend beyond Texas,
including all 50 States and US Territories, Canada and Mexico, we are Texas based and our focus is
providing collection services to Texas governmental entities. We believe in providing excellent customer
service, which means responding to our clients' needs promptly, while at the same time focusing on
producing results. During our decades of providing stellar service, we have designed and implemented
collection programs that increase the revenues of our clients while optimizing their resources. The Firm
presently represents over eight hundred local governments in the collection of delinquent debt. Many of
these clients have been with us for over thirty years.
MVBA understands that the City is seeking a complete municipal court collection solution that helps you
achieve your highest priority objectives. MVBA has successfully represented the City of Port Arthur
Municipal Court since 2015. When utilizing our services the City reduces governmental expense, increases
public awareness, increases case closure rates, provides additional revenue, and increases court efficiencies.
MVBA knows that all clients are not alike, and not all courts are alike. MVBA customizes our program
based on the unique needs of each court. We emulate your court's policies and procedures and in essence
become an arm of the court as your"virtual clerk". We are committed to helping you resolve and collect
your delinquent cases with a consistent, effective approach throughout our working relationship. MVBA is
committed to extending additional services at no cost to further increase efficiencies and reduce costs as the
City deems necessary.
i r more than 1,
Y BA _ g cJ in the t��?;u lK�'e,•,�t7�' ;
e began working for Tcxas municipal and justice courts after the original change to Section 103.0031,
exas Code of Criminal Procedure was passed by the Texas Legislature in 2001. Our focus is in serving
municipal, justice and county courts in the State of Texas. Since the program's inception, MVBA has expanded
the collection of delinquent court fines, fees and costs to 411 Texas courts including 197 municipal courts and
214 district, county and justice courts.
Because of our vast representation of courts across the State of Texas we may already have current
information on a defendant that has outstanding court fines and fees in multiple jurisdictions. We view this
as a tremendous advantage to the City. In addition to serving Port Arthur Municipal Court, MVBA
maintains successful court collection programs for numerous Texas courts similar in size and volume as that
of Port Arthur.
Section A Qualifications
r 11 L.
mvba Going Further: . .
McCreary Veselka Bragg&Alien PC.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
To keep abreast of issues of concerns for our clients, MVBA is a member and supports numerous municipal
and county associations including;
• Texas Municipal League (TML)
• Texas Municipal Courts Association
• Texas Court Clerks Association
• Texas Marshals Association
• Government Finance Officers of Texas
• Texas City Management Association
• Texas Justice of the Peace and Constable Association
• Various other municipal and county government associations.
MVBA is a long standing member of ACA International, the organization that provides instruction, seminars and
continuing education on all the governmental regulations related to the collection industry, MVBA staff receives
training that is relative to all aspects of debt collections. Personnel training is a key component of our collection
program. All MVBA collection likotiore retriestiliamoiatisliimunimea,,,lout4iiikiAla.J.11111.brough the
xrnerican Collectors Association International (AC }brig Specialist. The
management of MVBA is an active participant in e CA educational programs and provides continuing
education to the collection staff. Our Certified Collection Specialists and internal operations and administrative
staff are required to maintain a working knowledge of all Texas State and United States Federal laws regarding
debt collections including but not limited to; Public Law 95-109, Fair Debt Collections Practice Act(FDCPA),
Public Law 103-322, Driver's Privacy Protection Act(DPPA), and State law compliance
We conduct license reviews through Cornerstone Support in Georgia and maintain licenses in the states
requiring a law firm to be licensed to perform consumer related collection activities. We believe our
collection record clearly reveals our strong capability to collect delinquent cases in and outside the State of
Texas. MVBA has the Third Party Collector bond required by Texas law (Sec. 392.101, Texas Finance
Code) to do business as a collection agency.
All personnel are well versed in court terminology and court processes. Management and Client Service
Coordinators (CSCs) attend legislative updates to stay abreast of all aspects of legislation that pertains to
municipal court collections and the Texas Code of Criminal Procedure Chapter 103. One CSC is a former
court administrator and is a level II Certified Court Clerk and one CSC is a former chief justice clerk of
fifteen years and teaches for the Texas Justice Court Training Center. Two CSCs are former City Marshals
with collectively over 30 years experience in city policy and court collection experience.
MVBA understands the importance and complexities involved in the collection of delinquent court fines and
fees. We have always been cognizant of our clients' commitment to honor and uphold the judiciary. In light of
the recent Department of Justice Opinion, and changes in recent legislation, while revenue is a component of
the collection process, we are committed to supporting our clients in upholding defendants' Constitutional
rights, and all defendants are and always have been, directed to exercise their right to appear before the court.
Section A I Qualifications
mvba Going Further-. . .
McCreary Veseika Bragg&Allen PC Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
RECORD OF SERVICE
MVBA is privileged to have successfully represented the City in the collection of delinquent municipal court
fines and fees since 2015. The results have been outstanding. Since this time, MVBA's efforts have helped
to resolve sixty-six (66%) of the court's outstanding cases. During the current fiscal year to date, MVBA
has mailed over 27,220 letters and postcards, initiated over 20,578 phone calls and 56,015 text messages to
defendants.
For Fiscal Year 2021 I•E• yE • • •uarter 4
Cases Placed 632' 571' 491' 117
•
Dollars Placed $250,273.40' $233,658.10' $185,561.14' $47,700.90
Cases With Partial Payment 26r 50' 80' 86
Partial Payments Reported $1,902.10' $4,789.39' $9,185.81' $8,368.83
Cases Paid in Full r 135 229' 335' 147
Dollars Paid in Full ' $34,088.44' $63,183.43' $101,919.14' $37,706.33
Cases Cancelled By Court r 199' 214' 255' 229
Dollars Cancelled By Court ' $79,031.06' $87,658.70' $99,470.60' $89,053.06
Cases Resolved 334 r 443' 590 376
Dollars Resolved r $126,289.00' $167,147.63' $220,482.93' $139,335.27
For Fiscal Year 2021 EM=IIIIMMIENEEMENIMMII
Number of Postcards Mailed 292' 650' 776 91
Number of Letters Mailed 4,616' 14,533' 4,089' 2,173
Number of Calls Made ' 11,517 5,696' 1,786' 1,579
•
Number of Calls Received 504' 282' 300' 191
Number of Text Messages 5,244 2,330 24,499 23,942
Requested
All Years
FY:October-September FY 2016&Prior I FY 2017 FY 2018 j FY 2019 1 FY 2020 , FY 2021 Total 0/0
Cases Placed 58,168' 3,930' 2,537' 2,326' 1,353' 1,811' 70,125
Dollars Placed ' $18,557,708.91'}1171131„'$1,0b0,081.61'$895,498.76'$543,930.79'$717,193.54' $23,295,970.81
Cases With Partial Payment' 60' 61' 82' 208' 131' 156' 698
Partial Payments Reported ' $9,609.74' $10,086.00' $9,258.68' $26,312.51'$14,322.43' $24,246.13' $93,835.49
Cases Paid in Full 2,440' 1,640' 1,492' 1 '99' 846' 8,872 12.65%
Dollars Paid in Full ' $771,652.74' $448,524.08' $434,517.40'$482,277.82'$227,553.57'$248,556.93' $2,613,082.54 11.22%
Cases Cancelled By Court 5,780' 22,323' 4,592 2,666' 1,565' 897' 37,823 53.94::
Dollars Cancelled By Court r $1,830,843.01 , $1,600,412.67 $630,672,96 $355,213.42 $12,000,652.78 51.51%
Cases Resolved 8,223' 23,963' 6,084' 4,321' 2,364' 1,743' 46,698 6659%
Dollars Resolved $2,613,568.90 $2,129,820.35 ;$911,171.08 $653,254.83 $15,021,179.32 b4.48%
•
Cases Still in Collection 23,427 3
Dollars Still in Collection ' $8,274,791.49 35.52%
Section A I Qualifications
n.,.__ , ..a 1C
mvba Going Further-. . .
McCreary Veselka Bragg&Allen PC Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
MUNICIPAL COURT FINES AND FEES CLIENT LIST
Many of our Texas court clients are of similar population and case volume as the City of Port Arthur.
Listed on pages are current clients that have contracted with McCreary, Veselka, Bragg& Allen, P. C. for
the collection of court fines and fees and/or accounts receivables.
Please note: To protect our clients MVBA is labellina this section as "Confidential"
CITY DATE OF CONTRACT TYPE OF COLLECTIONS
Point Comfort October 14,2003 Collection of Fines&Fees
Port Lavaca October 14,2003 Collection of Fines&Fees
Palestine November 24,2003 Collection of Fines&Fees
Giddings April 6,2004 Collection of Fines&Fees
Brownfield July 1,2004 Collection of Fines&Fees
Navasota July 27,2004 Collection of Fines&Fees
Taylor August 30,2004 Collection of Fines&Fees
Bogata September 13,2004 Collection of Fines&Fees
Baird September 20,2004 Collection of Fines&Fees
Elgin November 2,2004 Collection of Fines&Fees
Whitney November 11,2004 Collection of Fines&Fees
Hickory Creek November 16,2004 Collection of Fines&Fees
Lexington November 16,2004 Collection of Fines&Fees
Tye November 16,2004 Collection of Fines&Fees
Merkel November 22,2004 Collection of Fines&Fees
Hillsboro January 19,2005 Collection of Fines&Fees
San Angelo May 6,2005 Collection of Fines&Fees
Belton October 5,2005 Collection of Fines&Fees
Marion October 17,2005 Collection of Fines&Fees
Temple October 20,2005 Collection of Fines&Fees
El Campo November 8,2005 Collection of Fines&Fees
Luling November 10,2005 Collection of Fines&Fees
Gonzales November 11,2005 Collection of Fines&Fees
Hutto December 20,2005 Collection of Fines&Fees
Lake Dallas February 21,2006 Collection of Fines&Fees
Lockhart February 21,2006 Collection of Fines&Fees
Nacogdoches May 2,2006 Collection of Fines&Fees
Eagle Lake July 11,2006 Collection of Fines&Fees
Alpine August 2,2006 Collection of Fines&Fees
Yorktown September 21,2006 Collection of Fines&Fees
Section A Qualifications
mvba Going Further'. . .
McCreary Veselka Bragg&Allen P.C.Attorneys at Law
City of Port Arthur, Texas
RFP#P21-068 Collection of Fines for Municipal Court
Victoria November 22,2006 Collection of Fines&Fees
Alto December 29,2006 Collection of Fines&Fees
Comanche February 12,2007 Collection of Fines&Fees
College Station April 23,2007 Collection of Fines&Fees
Wallis July 18,2007 Collection of Fines&Fees
Conroe July 23,2007 Collection of Fines&Fees
Kermit September 13,2007 Collection of Fines&Fees
Bryan October 2,2007 Collection of Fines&Fees
Moulton October 15,2007 Collection of Fines&Fees
Abilene November 1,2007 Collection of Fines&Fees
Weimar December 13,2007 Collection of Fines&Fees
Tahoka February 18,2008 Collection of Fines&Fees
Lewisville March 17,2008 Collection of Fines&Fees
Devine March 18,2008 Collection of Fines&Fees
Clyde July 8,2008 Collection of Fines&Fees
Justin December 8,2008 Collection of Fines&Fees
Argyle February 10,2009 Collection of Fines&Fees
Highland Park February 17,2009 Collection of Fines&Fees
Wink February 25,2009 Collection of Fines&Fees
Teague March 9,2009 Collection of Fines&Fees
Hallsville March 17,2009 Collection of Fines&Fees
Kempner March 24,2009 Collection of Fines&Fees
Morgan's Point Resort April 1,2009 Collection of Fines&Fees
Florence April 7,2009 Collection of Fines&Fees
Huntsville April 7, 2009 Collection of Fines&Fees
Shiner May 4,2009 Collection of Fines&Fees
Wortham May 12,2009 Collection of Fines&Fees
Leander May 21,2009 Collection of Fines&Fees
Hallettsville June 1,2009 Collection of Fines&Fees
Daingerfield June 8,2009 Collection of Fines&Fees
Sour Lake June 22,2009 Collection of Fines&Fees
Corinth June 29,2009 Collection of Fines&Fees
Lake Worth July 20,2009 Collection of Fines&Fees
Dublin August 10,2009 Collection of Fines&Fees
Forest Hill September 11,2009 Collection of Fines&Fees
Kennedale October 1,2009 Collection of Fines&Fees
De Leon November 24,2009 Collection of Fines&Fees
Ferris December 17,2009 Collection of Fines&Fees
Section A I Qualifications