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HomeMy WebLinkAboutResolution - 2008-R0491 - Contract - Perdue, Brandon, Fielder, Collins & Mott LLP- Fee And Fine Collection - 12/17/2008Resolution No.2008-R0491 December 17,2008 Item No.5.16 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract for court fees and fines collection,by and between the City of Lubbock and Perdue,Brandon,Fielder, Collins &Mott,L.L.P.,and all related documents.Said Contract is attached hereto and incorporated in this Resolution as if fully set forth herein and shall be included in the minutes of the Council. Executed by the City Council this 17th day of ATTEST: Reoecqa Garza, City Secretary APPROVED AS TO CONTENT: Robert Doty,Municipal Court Ju APPROVED AS TO FO gs/ContractCt Fecs&Fincs Collection.res Dec.8.2008 December 2008. /*4/fitzZT' TOM MARTIN,MAYOR Resolution No.2008-R0491 CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES STATE OF TEXAS § § COUNTY OF LUBBOCK § THIS CONTRACT is made and entered into by and between the City of Lubbock acting herein by and through its governing body,hereinafter called City, and Perdue, Brandon,Fielder,Collins &Mott L.L.P.,hereinafter called Perdue. I. City agrees to contract for services with Perdue to enforce the collection of delinquent court fees and fines pursuant to the terms and conditions described in this contract.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. II. City agrees to refer all delinquent accounts,at the discretion of the Municipal Court, by electronic or magnetic medium, in the specified format, to Perdue for collection. An account is considered delinquent when not paid within 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 Perdue with copies of, or access to, the information and documentation necessary to collect the fees and fines that are subject to this contract.Perdue docs hereby agree to keep all such information and documentation obtained from the City pursuant to the Contract confidential to the extent allowed by law. III. Perdue 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.Perdue 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, neither party will have any obligation to the other party to this contract. IV. City agrees to pay to Perdue (1) zero percent (0%)of the collected fees and fines referred to Perdue by City imposed on all unadjudicated offenses committed on or before June 18,2003;(2) zero percent (0%)of the collected fees and fines referred to Perdue by City imposed on all adjudicated offenses committed on or before June 18, 2003; and (3) thirty percent (30%)of the collected fees and fines referred to Perdue by City imposed on all PREDUE,BRANDON,FIELDER,COLLINS &MOTT,L.L.P. offenses occurring after June 18, 2003. The 30% shall be added to the amount owned by a defendant that is more than 60 days past due pursuant to Article 103.0031,Texas Code of Criminal Procedure.Pursuant to law, Perdue cannot collect from a defendant the percentage referred to above if the defendant has been determined by the court of original jurisdiction to be indigent,or has insufficient recourses or income,or is otherwise unable to pay all or part of the underlying fine or costs. All compensation shall become the property of Perdue at the time of payment.City shall pay over said funds on a monthly basis by check. V. Perdue agrees to use its best efforts to collect the delinquent accounts turned over to it and to provide legal advice to City on the delinquent accounts as requested by City. VI. This contract shall commence on the 17th day of December,2008,and end when both parties mutually agree;provided,however,that either party to this agreement shall have the right to terminate this agreement by giving the other party thirty (30) days written notice of their desire and intention to terminate this agreement:and further provided that Perdue shall have an additional six (6)months to complete work on all cases turned over to it prior to the notice of termination. VII. For purposes of sending notice under the terms of this contract,all notices from city shall be sent to Perdue by certified United States mail,or delivered by hand or by courier, and addressed as follows: James O.Collins Perdue.Brandon,Fielder,Collins &Mott,LLP P.O.Box 817 Lubbock, Texas 79408 VIII. 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 Lubbock County,Texas. In the event that any provisions(s)of this contract shall for 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. PREDUE,BRANDON,FIELDER,COLLINS &MOTT,L.L.P. IX. In consideration of the terms and compensation herein stated,Perdue hereby agrees to undertake the performance of said contract as set-forth above. X. Perdue shall procure and carry,at its cost and expense through the life of this contract insurance protection as hereinafter specified,in form and substance satisfactory to the City, carried with an insurance company authorized to transact business in the State of Texas, covering all foreseeable aspects and operations in connection with this Contract.A Certificate of Insurance specifying each and all coverages shall be submitted to the City prior to the execution of this Contract.Perdue shall provide to the City proof of the below described insurance on or before fourteen (14)days prior to the expiration date of each expiring policy,and cause each required policy to require the insurer to (i) give notice to the City, as specified herein,of termination of any such policy sixty (60) days before such termination is to be effective;and (ii)contain a waiver of any and all of the insurer's rights to subrogation that any such insurer or insurers may acquire by virtue of payment of any loss under such insurance. Professional Liability Insurance:Perdue shall have professional liability insurance, with limits of $500,000.00 combined single limit in the aggregate and per occurrence. The City shall be named as an additional insured in such policy. XI. Perdue will accept no cash on behalf of the City and will not accept any payment by check,money order, or certified funds that is not made payable to the City of Lubbock only. Such payments shall be delivered on a daily basis to the Municipal Court.Purdue shall further prepare and submit to City reports as requested to City based upon the accounts referred to Perdue by the City. XII. Every provision of this Agreement is intended to be severable. If any term or provision hereof is hereafter deemed by a Court 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 Agreement,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 City by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and recorded in its minutes. PREDUE,BRANDON,FIELDER,COLLINS &MOTT,L.L.P. This contract may be executed in any number of counterparts, and each counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signature of all parties hereto this the 17th day of December 2008. CITY OF LUBBOCK By://t*~r tftd^ TOM MARTIN.MAYOR ATTEST: Ik*<*.-*<.me Rebeica Garza. City Secretar*0 APPROVED AS TO FORM: <C±Amy"LTsifris/Assj^Attorney PERDUE,BRANDON,FIELDER,COLLINS &MOTT L.L.P. By:CACbu^a J lYlfrv^Q-^ Partner \J PREDUE,BRANDON,FIELDER,COLLINS &MOTT,L.L.P.