The URL can be used to link to this page

Home My WebLink AboutRES 20-150RESOLUTION NO. 20-150 WHEREAS, the City of Beaumont desires to engage a law firm to perform legal services for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, WHEREAS, the City of Beaumont finds that: (1) There is a substantial need for the legal services to be provided for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution; (2) These legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Beaumont at a reasonable cost; (3) These legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the collection authorized by TX Code of Criminal Procedure Art. 103.0031 and because the City of Beaumont does not have the funds to pay the estimated amounts required under a contract only for the payment of hourly fees ; and, WHEREAS, after having sought legal services on the basis of demonstrated competence and qualifications at a fair and reasonable price the City of Beaumont has identified the law firm of Lineberger, Goggan, Blair & Sampson, LLP to provide the necessary services; and, WHEREAS, Linebarger, Goggan, Blair & Sampson, LLP has provided these specialized legal services to the City of Beaumont in the past and; WHEREAS, it is in the best interest of the City of Beaumont to enter into a Contingency Fee Contract with the law firm of Linebarger, Goggan, Blair & Sampson, LLP to perform the legal services required to comply with the terms of this contract; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BEAUMONT: THAT the statements and findings set out in the preamble to this resolution are hereby, in all things, approved and adopted; and, THAT the City Council of the City of Beaumont hereby approves the selection of the law firm of Linebarger, Goggan, Blair & Sampson, LLP on a contingency fee basis for the collection of unpaid fines, fees, court costs, forfeited bonds, and restitution ordered paid by the Municipal Court; and, BE IT FURTHER RESOLVED THAT the City Manager, or his designee, be and they are hereby authorized to execute a one (1) year contract, with an option to renew upon mutual consent for two (2) additional one (1) year periods, for collection services of delinquent Municipal Court fines and fees. The Contract is substantially in the form attached hereto as Exhibit "A" and made a part hereof for all purposes. The meeting at which this resolution was approved was in all things conducted in strict compliance with the Texas Open Meetings Act, Texas Government Code, Chapter 551. PASSED BY THE CITY COUNCIL of the City of Beaumont this the 21st day of July, 2020. 4.� - M4 r Becky Ames - CITY OF BEAUMONT CONTRACT FOR COLLECTION AGENCY SERVICES I. Findings pursuant to Texas Government Code § 2254.1036. A. This Contract is necessary for the efficient collection of delinquent Municipal Court fines, fees, and costs. B. The City currently does not possess the necessary staff, computer software/programming, or experience to internally conduct these collection services and acquiring these will result in substantial expense to the City. C. An hourly fee for delinquent collection work would likely exceed the amounts of delinquent fines and fees due. Using a contingent fee arrangement allows the collection costs to be assessed against the debtor and not the City or its taxpayers. II. General Information and Terms. Contractor's Name and Address: Linebarger Goggan Blair & Sampson, LLP 4828 Loop Central Drive, Suite 600 Houston, TX 77081 Description of Services: Collection Agency Services for Municipal Court Municipal Court Fines and Fees; Page 25 of RFP No. PF1020-03 Maximum Contract Amount: A collection fee in the amount of 30% on fines, court costs, and fees that are more than 60 days past due and referred to the Contractor for collection, in accordance with Article 103.0031 of the Texas Code of Criminal Procedures, as amended. The collection fee does not apply to a debt incurred on an unadjudicated offense that was committed before June 18, 2003. Effective Date: On the latest of the dates signed by both parties. Termination Date: Twelve months from the Effective Date. Renewal: The initial tern of the contract is for one (1) year with the option to renew for two (2) additional one (1) year terms. Contract Parts: This Contract consists of the following parts: I. Findings Pursuant to Government Code sec. 2254.1036 II. General Information and Terms III. Standard Contractual Provisions IV. Signatures III. Standard Contractual Provisions. A. Contractor's Services. The Contractor will provide to the City the services described in this Contract under the terms and conditions of this Contract. EXHIBIT "A" B. Billingand nd Payment. The Contractor will bill the City for the services provided at intervals of at least 30 days, except for the final billing. The City will pay the Contractor for the services provided for in this Contract with current revenues available to the City, but all of the City's payments to the Contractor, including the time of payment and the payment of interest on overdue amounts, are subject to the provisions of Chapter 2251 of the Government Code. The City is not liable to the Contractor for any taxes which the City is not liable by law, including state and local sales and use taxes (Section 151.309 and Title 3, Texas Tax Code) and federal excise tax (Subtitle D of the Internal Revenue Code). Accordingly, those taxes may not be added to any bill. C. Termination Provisions. (1) Unless terminated earlier as allowed by this Contract, this Contract terminates: (a) On the termination date, if any, specified in the General Information in Part II, but the obligation of a party to complete a contract requirement pending on the date of termination survives termination; or (b) If there is no termination date specified in the General Information in Part II, the contract terminates when both parties have completed all their respective obligations under the contract. (2) The City Manager may terminate this Contract during its term at any time for any reason by giving written notice to the Contractor not less than thirty (30) days prior to the termination date, but the City will pay the Contractor for all services rendered in compliance with this Contract to the date of termination. (3) If the City Council does not appropriate funds to make any payment for a fiscal year after the City's fiscal year in which the Contract becomes effective and there are no proceeds available for payment from the sale of bonds or other debt instruments, then the Contract automatically terminates at the beginning of the first day of the successive fiscal year. (Section 5, Article XI, Texas Constitution) D. INDEMNITY. Contractor shall indemnity or hold harmless the City of Beaumont from claims and liabilities resulting from negligent acts and omissions of the contractor or the attorneys or other persons employed by the contractor. E. Assignment. The Contractor may not assign this Contract without the City's prior written consent. F. Law Governing and Venue. This Contract is governed by the law of the State of Texas and a lawsuit may only be prosecuted on this Contract in a court of competent jurisdiction located in or having jurisdiction in Jefferson County, Texas. G. Entire Contract. This Contract represents the entire Contract between the City and the Contractor and supersedes all prior negotiations, representations, or contracts, either written or oral. This Contract may be amended only by written instrument signed by both parties. H. Independent Contractor. The Contractor will perform the work under this Contract as an independent contractor and not as an employee of the City. The City has no right to supervise, direct, or control the Contractor or Contractor's officers or employees in the means, methods, or details of the work to be performed by Contractor. I. Severability. If a court finds or rules that any part of this contract is invalid or unlawful, the remainder of the Contract continues to be binding on the parties. Conflicting Provisions. If there is a conflict between a provision in the Contractor's Additional Contract Documents, if any, and a provision in the remainder of this Contract, the latter controls. IV. Signatures. By signing below, the parties agree the terms of this Contract: CITY OF BEAUMONT CONTRACTOR: By: Date: Title: APPROVED AS TO FORM: By: Date: Title: Company: