Ordinance No. 11,275ORDINANCE NO. 11,275
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS.
AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE A
CONTRACT FOR FEES AND FINES COLLECTION SERVICES WITH
LINEBARGER GOGGAN BLAIR AND SAMPSON. LLP: AUTHORIZING
PAYMENT OF AN AMOUNT NOT TO EXCEED THE THIRTY PERCENT (30 %)
COLLECTION FEE ESTABLISHED BY SECTION 1 -16 OF THE CODE OF
ORDINANCES, BAYTOWN, TEXAS; AND PROVIDING FOR THE EFFECTIVE
DATE THEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN. TEXAS:
Section l: That the City Council of the City of Baytown, Texas. hereby authorizes the City
Manager and the City Clerk to execute a Contract for Fees and Fines Collection Services with Linebarger
Goggan Blair and Sampson. LLP. A copy of said contract is attached hereto as Exhibit "A" and
incorporated herein for all intents and purposes.
Section 2: That the City Council of the City of Baytown authorizes payment of an amount
not to exceed thirty percent (30 %) collection fee established by Section 1 -16 of the Code of Ordinances,
Baytown, Texas, pursuant to the agreement identified in Section 1 hereof.
Section 3: This ordinance shall take effect immediately from and after its passage by the
Cite Council of the City of Baytown.
INTRODUCED. READ and PASSED by the affirmative he City Council of the City of
Baytown this the 10'I' day of December. 2009. Af
APPROVED AS TO FORM:
ACIO RAMIREZ. SR., 16 Attorney
HENTI U ONCARLOS.
R:lkaim\ iks\ CityCounciP,Ordinanc ,s820091Dccemixr 10'' NtunicipalCouriR 'arraniCollcctionContr4ct.do�
Exhibit "A"
CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES
STATE OF TEXAS §
COUNTY OF HARRIS §
TIIIS CONTRACT (hereinafter "AGREEMENT ") is Inade and entered into by and
between the CITY OF BAYTOWN, TEXAS, acting herein by and through its governing body,
hereinafter styled "CITY," and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, a private
attorney as such terns is used in article 103.0031 of the Code of Criminal Procedure, hereinafter
styled "FIRM."
I.
CITY agrees to employ and does hereby employ with the FIRM to collect on behalf of
the CITY the following, whether by lawsuit, if appropriate, or otherwise, when the same are past
due and are turned over to the FIRM as provided for herein:
(1) debts and accounts receivable such as unpaid fines, fees, court costs, forfeited
bonds, and restitution ordered paid by the municipal court;
(2) amounts in cases in which the accused has failed to appear:
(A) as promised under Subchapter A, Chapter 543, 'transportation Code, or
other law;
(B) in compliance with a lawful written notice to appear issued under Article
14.06(b) or other law;
(C) in compliance with a lawful summons issued under Article 15.03(b) or
other law;
(D) in compliance with a lawful order of the municipal court; and
(3) false alarm penalties or fees imposed by the CITY pursuant to chapter 30, article
II of the code, collectively referred to herein as the "Debts."
II.
The CITY agrees that any Debts that are subject to this AGREEMENT that are referred
to the FIRM shall be referred by electronic medium or other medium agreed to in writing by both
parties biweekly (every two weeks). Debts will not be referred to the FIRM unless the same fire
subject to the collection fee both permitted by article 103.0031 of the Texas Code of Criminal
Procedure and established by Section 1 -16 of the Code of Ordinances, Baytown, Texas. CITY
will provide the FIRM with copies of, or access to, the information and documentation necessary
to collect the Debts that are subject to this AGREEMENT. The CITY may fi,om tune -to -time
specify in writing additional actions that should be taken by the FIRM in connection with the
collection of the fines and fees that are subject to this AGREEMENT. By this AGREEMENT,
the CITY appoints the FIRM as CITY's attorneys to sign all legal instruments, pleadings,
authorizations and papers as shall be reasonably necessary to pursue collection of the CITY's
claims.
III.
To the extent permitted by law, The CITY agrees to pay the FIRM thirty percent (30 %)
of the amount collected pursuant to this AGREEMENT, excluding the collection fee, as
compensation for legal and collection services provided pursuant to this AGREEMENT. It is
expressly understood and agreed that debts, which are satisfied in part or in whole through time
served or that are satisfied by a debtor in connection with the debtor's arrest shall not be subject
to this collection fee established in this article.
IV.
All compensation shall become the property of the 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 AGREEMENT no later than the 30'h day following the end of the calendar
month within which the fee is paid to CITY.
V.
The FIRM is to refer all payments and correspondence directly to the municipal court for
all Debts, except those pertaining to false alarm fees, which shall be referred to the Baytown
Police Department. The FIRM reserves the fright 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
AGREEMENT with respect to the returned accounts, except the FIRM will remain obligated to
the extent provided in articles VI and VII.
VI.
THE FIRM SHALL INDEMNIFY AND
HOLD THE
CITY, ITS
OFFICERS, AGENTS AND EMPLOYEES HARMLESS FROM AND
AGAINST ALL LIABILITIES, LOSSES AND /OR COSTS ARISING
FROM CLAIMS FOR DAMAGES, OR SUITS FOR LOSSES OR
DAMAGES, INCLUDING REASONABLE COSTS AND ATTORNEY'S
FEES, WHICH MAY ARISE AS A RESULT OF THE FIRM'S
PERFORMANCE OF THE SERVICES DESCRIBED IN THIS
AGREEMENT. THE INDEMNITY PROVISION OF THIS AGHEMENT
SHALL HAVE NO APPLICATION TO ANY CLAIM OR DEMAND
WHICH RESULTS FROM THE SOLE NEGLIGENCE OR FAULT OF
CITY, ITS OFFICERS, AGENTS OR EMPLOYEES. 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, AGREEMI ENTUAL OR OTHERWISE, TO ANY
OTHER PERSONS OR ENTITIES. IN THE EVENT THAT ANY ACTION
OR PROCEEDING IS BROUGHT AGAINST TIIE CITY BY REASON OF
ANY OF THE ABOVE, THE FIRM FURTHER AGREES AND
COVENANTS TO DEFEND THE ACTION OR PROCEEDING BY
LEGAL COUNSEL ACCEPTABLE TO THE CITY.
The indemnity provided hereinabove shall survive the termination and /or expiration of this
AGREEMENT.
VII.
By this AGREEMENT, the CITY does not consent to litigation or suit, and the CITY
hereby expressly revokes any consent to litigation that it may have granted by the terms of this
AGREEMENT or any other contract or AGREEMENT, any charter, or applicable state law.
Nothing herein shall be construed so as to limit or waive the CITY's sovereign immunity. The
FIRM assumes full responsibility for its services performed hereunder and hereby releases,
relinquishes, and discharges the CITY, its officers, agents, and employees from all claims
demands, and causes of action of every kind and character, including the cost of defense thereof,
for any injury to or death of any person (whether they be either of the parties hereto, their
employees, or other third parties) and any loss of or damage to property (whether the property be
that of either the parties hereto, their employees, or other third parties) that is caused by or
alleged to be caused by, arising out of, or in connection with the FIRM's work to be performed
hereunder. This release shall apply with respect to the FIRM's work regardless of whether said
claims, demands, and causes of action are covered hi whole or in part by insurance.
The release provided hereinabove shall survive the termination and /or expiration of this
AGREEMENT.
VIII.
The CITY recognizes and acknowledges that the FIRM owns all right, title and interest
in certain proprietary software that the FIRM may utilize in conjunction with performing the
services provided in this AGREEMENT. The CITY agrees and hereby grants to the FIRM the
right to use and incorporate any information provided by the CITY ( "CITY Information ") to
update the databases in this proprietary software, and, notwithstanding that CITY Information
has been or shall be used to update the databases in this proprietary software, further stipulates
and agrees that the CITY shall have no rights or ownership whatsoever in and to the software
or the data contained therein, except that the CITY shall be entitled to obtain a copy of such
data that directly relates to the CITY's accounts at any time. The FIIZdM agrees that it will not
share or disclose any specific confidential CITY Information with any other company,
individual, organization or agency, without the prior written consent of the CITY, except as
may be required by law or where such information is otherwise publicly available. It is agreed
that the FIRM shall have the right to use CITY Information for internal analysis, improving the
proprietary software and database, and generating aggregate data and statistics that may
inherently contain CITY Information. These aggregate statistics are owned solely by the
FIRIvi and will generally be used internally, but may be shared with the FIRM's affiliates,
partners or other third parties for purposes of improving the FIRM's software and services.
IX
On or before the 15 "' of each month, the FIRM shall provide the CITY with a written
report, which shall include at a minimum, the following information, which occurred during the
previous month and which occurred cumulatively during the CITY's current budget year:
1. number and type of Debts turned over for collection;
2. financial information;
2. payment AGREEMENTS;
3. lawsuits;
a. filed;
b. pending;
C. dismissed;
d. judgments obtained; and
4. additional information as may be requested by the City Manager.
Quarterly, the FIRM shall provide management reports with comparative performance
measurements on collections. In order to make an informed evaluation regarding collections and
the performance of the FIRM, such quarterly reports will include that information from both the
current and prior years required by the City Manager. These quarterly reports shall be due on or
before the sixtieth (60 "') day of the month following the end of the quarterly reporting period.
1a
In consideration of the terms and compensation herein stated, the FIRM hereby accepts
its obligations under this AGREEMENT and shall perform the services as required herein with
the care and skill ordinarily used by members of the FIRM's profession practicing under the
same or similar circumstances, time and locality. The FIRM shall advise on all applicable laws
related to the collection of Debts subject to this AGREEMENT and the collection fee established
in Section 1 -16 of the Code of Ordinances, Baytown, Texas, The FIRM shall endeavor to ensure
the Debts turned over to the FIRM by the CITY are past due and subject to the collection fee
established.
XI.
The FIRM and CITY recognize that certain costs may be incurred in the process of
providing any additional services contemplated in Article II above or in providing any special
litigation services. A Schedule of Fees for the additional services will be provided and agreed
upon prior to the execution of the additional services. The CITY acknowledges that the FIRM
may provide such services with its own employees or with other entities or individuals who may
be affiliated with the FIRM, but the FIRM agrees that any charges for such services will be
reasonable and consistent with what the same services would cost if obtained from a third party.
The CITY agrees that upon the recovery of such costs, the CITY will (i) pay the FIRM for any
such costs that have been advanced by the FIRM or performed by the FIR.ML and (ii) pay any
third party agency or vendor owed for performing such services.
XII.
The initial term of this AGREEMENT is two years, beginning upon the last date of
execution and shall thereafter continue on a month -to -month basis. CITY reserves the option to
extend the initial tenn of the AGREEMENT for two additional one -year periods, with the
AGREEMENT thereafter continuing on a month -to -month basis. Either party may terminate this
AGREEMENT by submitting written notice to the other party. The effective date of any
termination by CITY shall be six (6) months from the date the notice of termination is received
in writing by the FIRM; said six (6) month period being deemed adequate for the purpose of the
FIRM in winding down its affairs with regards to work in progress. In the case of termination by
the FI%M, 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 the
FIRM after notice of termination has been received by or given to the FIRM. In any event, the
FIRM shall be entitled to payment of its fee, pursuant to Paragraph III of this AGREEMENT, for
all amounts collected on referred accounts during the six (6) month "winding down" period. At
the end of that period, all accounts shall be returned to CITY by the FIRM and no further
payments shall be due the FIR30.
XIII.
Any notice required to be given pursuant to the terms and provisions of this
AGREEMENT shall be in writing and shall be mailed by certified or registered mail or delivered
by hand or by courier and addressed as set forth below or at such other address as may be
specified by written notice. Notice given by mail shall be deemed given three (3) days after the
date of mailing thereof to the following addresses:
FIRM
Linebarger Goggan Blair & Sampson, LLP
Attention: Director of Client Services
The Terrace 1I
2700 Fortuna Drive
Suite 400
CITY
City of Baytown
Attn: City Manager
P.O. Box 424
Baytown, TX 77522
or
2401 Market Street
Baytown, TX 77520
XIV.
This AGREEMENT is made and is to be interpreted under the laws of the State of Texas.
In the event that any provision(s) of this AGREEMENT 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 AGREEMENT, and it shall finiher be construed as if the
invalid, illegal or unenforceable provision(s) had never been a part of this AGREEMENT.
xv.
Words of any gender used in this AGREEMENT shall be held and construed to include
any other gender, and words in the singular number shall be held to include the plural, and vice
versa, unless context requires otherwise. In the event of any ambiguity in any of the terms of this
AGREEMENT, it shall not be construed for or against any party hereto on the basis that such
party did or did not author the same.
F�
This AGREEMENT 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
AGREEMENT cannot be transferred or assigned by either party without the written consent of
all parties.
XVII.
The officers executing this AGREEMENT on behalf of the parties hereby confirm that
such officers have full authority to execute this AGREEMENT and to bind the party he /she
represents. This AGREEMENT may be executed in any number of counterpart, and each
counterpart shall be deemed an original for all purposes. Signed facsimiles shall be binding and
enforceable.
XVIII.
The waiver by either party of a breach of any provision of this AGREEMENT shall not
constitute a waiver of any subsequent breach of this AGREEMENT.
XIX,
This AGREEMENT is performed in Harris County, Texas, and is subject to all applicable
Federal and State laws, statutes, codes, and any applicable permits, ordinances, rules, orders and
regulations of any local, state or federal government authority having or asserting jurisdiction,
XX.
Representation of Other Goverrumental Entities. The CITY acknowledges and consents
to the representation by the FIRM of other governmental entities that may be seeking the
payment of fines and fees or other claims from the same person(s) as the CITY.
XXI.
The FIRM may from time -to -time obtain co- counsel or subcontract some of the services
provided for herein to other law FIRMs or entities. In such cases, the FIRM will retain
supervisory control and responsibility for any services provided by such co- counsel or
subcontractors and shall be responsible to pay any compensation due to any such co- counsel or
subcontractor. The FIRM shall provide advance written notice to CITY of the name and address
Of co- counsel or subcontractor. However, should the CITY object to any such co- counsel or
subcontractor performing services under this AGREEMENT, the FIRM shall not employ such
co- counsel or subcontractor to perform services under this AGREEMENT.
XXII.
The parties acknowledge that they have read, understand and intend to be bound by the
terms and conditions of this AGREEMENT.
•
4.
WITNESS the signatures of all parties hereto this,the I ` day ofDie/MA, 2009.
CITY OF T
By:
GARRISON C.BRUMB , anager
A 1"l'EST: r� wTO yvA.
LETICIA G• '/ • , Ci c s�CY erk
APPROVED AS TO FORM:
ACID RAMIREZ, SZCiomey
LINEBARGER GOGGAN BLAIR&
SAMPSON LLP
By:
Richar ' , Partner
For the•'IRM
410
STATE OF TEXAS §
COUNTY OF HARRIS §
Before me on this day personally appeared RICHARD S. HILL, in his capacity as PARTNER of
LINEBARGER GOGGAN BLAIR& SAMPSON,LLP, on behalf of such partnership,
/ known to me;
proved to me on the oath of ; or
proved to me through his current
{description of identification card or other document issued by the federal
government or any state government that contains the photograph and signature of
the acknowledging person}
(check one)
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me
that he executed the same for the purposes and consideration�� therein expressed.
SUBSCRIBED AND SWORN before me this/ lay of /011ie/400' ,2009.
(.:4r:it**)
s DWAYNE J BOWEN Notary Public d for e State of Texas
Notary Public,State of Texas
My 10,Commission
1201F1xpires
July