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R2002-0079 05-13-02RESOLUTION NO. R2002-79 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO A CONTRACT WITH LINEBARGER, GOGGAN, BLAIR, PENA & SAMPSON, LLP, FOR COURT FEES AND FINES COLLECTION SERVICES. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract by and between the City of Pearland and Linebarger, Goggan, Blair, Pena & Sampson, LLP, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a contract with Linebarger, Goggan, Blair, Pena & Sampson, LLP, for court fines and fees collection services. PASSED, APPROVED and ADOPTED this the 13 A.D., 2002. __ day of May MAYOR ATTEST: Y'N~L ~/- Y~SE~ETARY ~/ APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY Exhibit "A" F~2002- 7 9 CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES STATE OF TEXAS COUNTY OF BRAZORIA THIS CONTRACT is made and entered into by and between the CITY OF PEARLAND, acting herein by and through its governing body, hereinafter styled CITY, and LINEBARGER GOGGAN BLAIR PEIqA & SAMPSON, LLP, hereinafter styled FIRM. CITY agrees~ to employ and does hereby employ FIRM to enforce the collection of delinquent court fees and fines pursuant to the terms and conditions described in this contract. This contract supercedes 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 contract cannot be transferred or assigned by either party without the written consent of all parties. Il. CITY agrees to refer all delinquent Municipal Court cases by electronic or magnetic medium, in the specified format, to FIRM tbr collection, on or about the first (1~t) and fifteenth (15th) of each month A Municipal Court cases is considered delinquent when not paid within sixty (60) days of the scheduled appearance date (if the defendant failed to appear), or any granted extension, or from the date of conviction or judgment, or other court specified due date. CITY will provide FIRM with copies of, or access to, the information and documentation necessary to collect the fees and fines that are subject to this contract. III. FIRM is to refer all payments and correspondence directly to the courts that have assessed or levied the fees and fines being collected pursuant to this contract. FIRM reserves the right to return all accounts not collected within one (1) year of referral by CITY, as well as any accounts identified as being in bankruptcy. Upon return of these accounts, neith'er party will have any obligation to the other party to this contract. IV. FIRM shall indemni~ and hold CITY harmless from and against all liabilities, losses and/or costs arising from claims tbr damages, or suits for losses or damages, including reasonable costs and attorney's fees, which may arise as a result of FIRM's performance of the services described in this contract. The indemnity provision of this contract shall have no application to any claim or demand which results t?om the sole negligence or fault of CITY, its officers, agents, employees or contractors And furthermore, in the event of joint and/or shared negligence or fault of CITY and FIRM, responsibility and indemnity, it' any, shall be apportioned in accordance with Texas law and without waiving any defenses of either party. The provisions of this paragraph are intended for the sole benefit of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any other persons or entities. go As compensation tbr legal and collection services provided pursuant to this contract, CITY agrees to pay to FIRM a thirty-percent (30%) contingent fee of the fines and fees actually collected by the CITY on those cases that are referred to FIRM by the CITY for collection. This contingent fee will not be calculated upon any legislative reimbursement fee that the City may authorize and submit [br collections All compensation shall become the property of FIRM at the time of payment. CITY shall pay over said funds on a monthly basis by check or wire transfer. CITY agrees to pay the fee payable under this contract no later than the 30t~' day following the end of the calendar month within which the fee is paid to CITY. VI. The initial term of this contract is two years, beginning /,~ ,//~ , 2002, and shall thereafter continue on a month-to-month basis. CITY reserves the option/to extend the initial term of the contract for two additional two-year periods, with the contract thereafter continuing on a month-to-month basis. Either party may, without cause, terminate this contract by giving the other party written notice of termination The effective date of any termination by CITY shall be sixty (60) days from the date the notice of termination is received in writing by FIRM; said sixty (60) days period being deemed adequate for the purpose of FIRM in winding down its affairs with regards to work in progress. In the case of termination by FIRM, the effective date of termination shall be thirty (30) days from the date notice of termination is received. CITY is entitled, but is not required, to refer additiOnal accounts to FIRM after notice of termination has been received bv FIRM. In any event, FIRM shall be entitled to payment of its fee, pursuant to Paragraph V of this contract, tbr all amounts collected on referred accounts during the sixty (601 day "winding down" period. At the end of that period, all accounts shall be returned to CITY by FIRM VIi. For purposes of sending notice under the terms of this contract, all notices from CITY shall be sent to FIRM by certified United States mai[, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair Pe~a & Sampson, LLP Attention: Director of Operations P.O. Box 17428 Austin, Texas 78760 01' 1949 South IH 35 Austin, Texas 78741 VIII. This contract is made and is to be interpreted under the taws of the State of Texas. In the event that any provision(s) of this contract shall tbr any reason be held invalid, illegal or unenforceable, the invalidity, illegality or unenforceability of that provision(s) shall not affect any other provision(s) of this contract, and it shall further be construed as if the invalid, illegal or unenforceable provision(s) had never been a part of this contract. IX. In consideration of the terms and compensation herein stated, FIRM hereby accepts said employment and undertakes perfon'nance of said contract as set-forth above. This contact is executed on behalf of CITY by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original tbr all purposes. Signed facsimiles shall be binding and enforceable. W~8.~S the signatures2002. of all parties hereto this, the day of CITY OF PEARLAND ~ BILL EISEN, CITY MANAGER LINEBARGER (~OGGAN-,B. LAIR PE~A & SAMPSON, LLP B. M'I"KE S[W[ERK,A'f. PARTNER