R-2014-155 2014-12-08RESOLUTION NO. R2014-155
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 Perdue, Brandon, Fielders, Collins and Mott, LLP for collection
services associated with delinquent fines and fees, and delinquent
property taxes.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contracts for collection services, copies of which are
attached hereto as Exhibits "A" and "B" are hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest the contracts for collection services.
PASSED, APPROVED and ADOPTED this the 8th day of December, A.D., 2014.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TM REID
MAYOR
01111111
is
CONTRACT FOR COURT FINES AND FEES COLLECTION SERVICES
STATE OF TEXAS
COUNTY OF BRAZORIA
Resolution No. R2014-155
Exhibit "A"
SECTION I. PARTIES TO THE CONTRACT
THIS CONTRACT, hereinafter called "Contract", is made and entered into by and
between the City of Pearland, Texas, acting herein by and through its governing body,
hereinafter called "the City" and Perdue, Brandon, Fielder, Collins & Mott, L.L.P.,
hereinafter called "Perdue".
THIS CONTRACT supersedes all prior oral and written agreements between the
parties, 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.
The City agrees to employ and does hereby employ Perdue to enforce the collection
of delinquent court fines, fees, and court costs pursuant to the terms and conditions
described in this Contract.
NOW, TI-IEREFORE, in consideration of the covenants, conditions and agreements
hereinafter set forth, the adequacy of which is hereby acknowledged, the City and Perdue
agree as follows:
SECTION II. CITY'S COLLECTION OBLIGATIONS
A. The City agrees to refer all delinquent accounts, as defined below, to Perdue
for collection on or about the first (Iso) or the fifteenth (15th) of each month. The City shall
refer all delinquent accounts by electronic or magnetic medium, if available, or in any
other way that is most 'favorable to the City. All delinquent accounts should be in a
specified format that will allow Perdue to process the account data.
B. An account is considered delinquent when not paid within sixty (60) days
of the scheduled appearance date (if the defendant failed to appear), or from any granted
extension, or from the date of conviction or judgment, or other court specified due date.
C. The City will provide Perdue with copies of, or access to, the information
and documentation necessary to collect the fines, fees, and court costs that are subject to
this Contract.
SECTION III. PERDUE'S COLLECTION OBLIGATIONS
A. Perdue agrees to refer all payments and correspondence directly to the court
that has assessed or levied the fines, fees, and court costs being collected pursuant to this
Contract.
B. Perdue agrees to use its best efforts to collect the delinquent accounts
received from the City and to comply with all provisions of state and federal law and
regulations promulgated pursuant thereto in the rendition of collection services
contemplated by this Contract.
C. If requested by the City, Perdue agrees to provide legal advice to the City
on its delinquent accounts.
D. Perdue agrees to coordinate with the City for two warrant roundup events
annually to include:
1. Pay for printing, mailings and publicity.
2. Provide research for arrest lists to be used by the warrant officers during the
enforcement period.
3. In exchange for these services, city agrees all collection fees will remain in place
pursuant to Article 103.0031 during Warrant Round Ups.
E. Perdue agrees to reimburse the City of Pearland for one full time entry level court
clerk for the term of the contract and all renewals not to exceed $25,000 per annum. This
shall be payable to the City each month the contract is in force. Perdue's obligation to
reimburse the City each month is conditioned upon the city sending an invoice for
reimbursement to Perdue.
F. Perdue agrees to provide customized reports as requested by the court.
G. Perdue agrees that it will utilize other defendant contact methods as allowable by
law and approved by the court as new technology is developed (ex. text messaging).
H. Perdue agrees to assist the City in the implementation of a scofflaw program with
Brazoria County, Texas.
SECTION IV. COLLECTION FEE
The City agrees to pay Perdue as follows:
(1) No charge for the collected fines, fees, and court costs referred to Perdue by
the City imposed on all unadjudicated offenses committed on or before June 18, 2003.
(2) Thirty percent (30%) of the collected fines, fees, and court costs referred to
Perdue imposed on all adjudicated offenses committed on or before June 18, 2003; and
(3) Thirty percent (30%) of the collected fines, fees, and court costs referred to
Perdue imposed on all offenses occurring after June 18, 2003.
The thirty percent (30%) collection fee shall be added to the amount owed by a defendant
that is more than 60 days past due pursuant to Article 103.001, Texas Code of Criminal
Procedure.
SECTION V. EXCEPTIONS TO THE COLLECTION FEE
Pursuant to Article 103.0031(b), Texas Code of Criminal Procedure, Perdue cannot
collect from a defendant the percentages referred to in Section IV. COLLECTION FEE if
the defendant has been determined by the court of original jurisdiction to be indigent, or
has insufficient resources or income, or is otherwise unable to pay all or part of the
underlying fine or costs. The collection fee does not apply to a case that has been
dismissed by a court of competent jurisdiction or to any amount that has been satisfied
through time -served credit or community service.
The collection fee shall, however, be applied to any balance remaining after a
partial credit for time served or community service if the balance is more than 60 days past
due.
SECTION VI. METHOD OF PAYMENT
Absent an agreement otherwise, the City shall calculate and receive the amount of
any collection fee due to Perdue. Said fee shall be paid to Perdue by check on a monthly
basis. All compensation shall become the property of Perdue at the time of payment.
SECTION VII. COMMENCEMENT AND TERMINATION OF CONTRACT
This Contract shall commence on January 1, 2015, and continue in force and effect
until December 31, 2018, except that either party to this agreement may terminate this
agreement by giving the other party thirty (30) days written notice of their desire and
intention to terminate this agreement; this contract will be automatically renewed on its
identical terms for four (4) one year terms commencing on the anniversary date of this
contract unless written notice of intent not to automatically renew is delivered by the City
to the firm not less than sixty (60) days prior to the expiration date of the initial 3 year term
or the anniversary date of any one year renewal period; Upon termination Perdue shall
have an additional six (6) months to complete work on all delinquent accounts referred
from the City prior to the notice of termination and will be entitled to compensation on
such accounts if collected.
SECTION VIII. NOTICES
For purposes of sending notice under the terms of this Contract, all notices from the
City shall be sent to Perdue by certified United States mail, or delivered by hand or
courier, and addressed as follows:
Perdue, Brandon, Fielder, Collins & Mott, L I,P
Attn: Michael Darlow
BY U.S. MAIL OR BY COURIER DELIVERY:
1235 North Loop West, Suite 600
Houston, Texas 77008
Telephone Number: 713-862-1860
All notices from Perdue shall be sent to the City by certified United States mail, or
delivered by hand or courier, and addressed as follows:
City of Pearland
Attn: Claire Bogard
3519 Liberty Drive
Pearland, Texas 77581
Telephone Number: 281-652-1671
SECTION IX. VENUE AND CONTROLLING LAW
This Contract is made and is to be interpreted under the laws of the State of Texas.
Venue for any disputes involving this Contract shall be in the appropriate courts in
Brazoria County, Texas.
SECTION X. ACCEPTANCE OF EMPLOYMENT
In consideration of the terms and compensation herein stated, Perdue hereby
accepts said employment and undertakes performance of said Contract as set forth above.
SECTION XI. SEVERABILITY
Every provision of this Contract is intended to be severable. If any term or
provision hereof is hereafter deemed by a court of competent jurisdiction to be illegal,
invalid, void or unenforceable, for any reason or to any extent whatsoever, such illegality,
invalidity, or unenforceability shall not affect the validity of the remainder of this Contract,
it being intended that such remaining provisions shall be construed in a manner most
closely approximating the intention of the parties with respect to the illegal, invalid, void
or unenforceable provision or part thereof.
This Contract is executed on behalf of the City by the presiding officer of its
governing body who is authorized to execute this instrument by Ordinance heretofore
passed and recorded in its minutes. This Contract may be executed in any number of
counterparts, and each counterpart shall be deemed an original for all purposes. Signed
facsimiles or electronically signed Contracts executed on behalf of the City by the
presiding officer of its governing body authorized to execute this instrument shall be
binding and enforceable.
WITNESS the signature of all parties hereto this 8th day of December 2014 .
City of Pearland. Pegs il
By:
Clay J/. Pearson
City ,Manager
Title
PERDUE, BRANDON. FIELDER COLI,INS & MOTT. L.L.P.
By: 0(a(/f
For the Firm