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HomeMy WebLinkAboutRes 09-27 Authorizing a Contract with McCreary, Veselka, Bragg and AllenTOWN OF WESTLAKE RESOLUTION NO. 09-27 AUTHORIZING A CONTRACT WITH MCCREARY, VESELKA, BRAGG & ALLEN, P.C., (MVBA) TO PROVIDE COLLECTION SERVICES TO THE MUNICIPAL COURT, WHEREAS, The Town desires to increase the efficiency of the Municipal Court, and WHEREAS, MVBA, will provide collection services for the Town of Westlake, and WHEREAS, Westlake desires to offer high quality services along with financial stewardship, and. WHEREAS, We have developed an agreement, attached as Exhibit "A", establishing the services to be provided NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1, All matters stated in the Resolution above are found to be true and correct and are incorporated herein by reference as copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the agreement with MVBA, relating to collection services for outstanding arrest warrants and related delinquent citations, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute the contract on behalf of the Town of Westlake, Texas. PASSED AND APPROVED ON THIS THE 8 DAY OF JUNE, 2009. ATTEST: 9rSutt,TRMC, Town Secretary APPR O ORM: L. anton L9Wf'y4/TovafAttorney Laura Wheat, Mayor Thomas E.er, own Manager CONTRACT FOR COLLECTION OF DELINQUENT MUNICIPAL COURT FINES AND FEES AND DELINQUENT ACCOUNTS RECEIVABLE STATE OF TEXAS § COUNTY OF TARRANT § THIS CONTRACT is made and entered into by and between the TOWN OF WESTLAKE, TEXAS, acting herein by and through its governing body, hereinafter styled, "Town", and McCREARY, VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA". I. The Town agrees to retain and does hereby retain MVBA to provide legal services related to the enforcement of the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with the provisions of Article 103.003 1, Texas Code of Criminal Procedure (hereinafter referred to in the agreement as "Fines and Fees") and other delinquent accounts receivable, including but not limited to delinquent utility bills, delinquent fees for Emergency Medical Services, assessments for the mowing of vacant lots, demolition of substandard structures and abatement of other nuisances by the Town ("Delinquent Accounts Receivable"). I" For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to be delinquent as provided for in Article 103.003 1, Texas Code of Criminal Procedure. Delinquent Accounts Receivable shall be considered delinquent and referred to MVBA when not timely paid in accordance with any applicable contract, ordinance or statute providing for the payment of the underlying debt. At least once each month on a date or dates agreed upon by the parties, the Town will provide MVBA with copies of, or access to, the information and documentation necessary to collect the Fines and Fees and Delinquent Accounts Receivable that are subject to this contract. The Town shall furnish the information to MVBA by electronic transmission or magnetic medium. The Town shall be responsible for the receipt of the payment of all fines and fees and accounts receivable pursuant to this contract. MVBA shall forward to the Town copies of any correspondence regarding a disputed debt received from a debtor and a request for verification of the debt. The Town will provide to MVBA within ten (10) days of the receipt for the request for verification of the debt, copies of all records which will verify the debt which in turn will be forwarded to the debtor by MVBA. All collection activity will be suspended on any disputed debt until the appropriate verification of the debt is delivered to the debtor. IV. Upon consultation and agreement by both parties hereto, MVBA may institute civil legal proceedings, including seeking writs of execution to collect Delinquent Accounts Receivable. The Town shall pay in advance of the initiation of any writ of execution or collection lawsuit any filing fees charged by the Court or Clerk of the Court in which the writ of execution is to be issued or the collection lawsuit is to be filed including the costs for service of citation. MVBA may also, after consultation and agreement by both parties, file proofs of claims in the United States Bankruptcy Court on behalf of the Town. V. MVBA shall forward all cashier checks or money order payments made payable to the Town and any correspondence from defendants directly to the Town. Cashier checks or money order payments made payable to MVBA will be deposited daily into the MVBA Trust Account. MVBA may also collect the amount due from the defendant by credit card or electronic draft which is deposited directly into the MVBA Trust Account. MVBA shall remit to the Town all payments in full received into the MVBA Trust Account, semi-monthly, along with an invoice detailing the docket/account number, name of defendant/ debtor, amount paid to MVBA or Court/Office, MVBA fee percentage and fees earned for each case. k" MVBA shall indemnify and hold the Town 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 MVBA'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 from the sole negligence or fault of the Town, its officers, agents, employees or contractors. And furthermore, in the event of joint and/or shared negligence or fault of the Town and MVBA, responsibility and indemnity, if 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. VII. Fines and Fees For the collection of Fines and Fees, the Town agrees to pay to MVBA, as compensation for the legal services rendered the following fees: 1. For those fines and fees resulting from Unadjudicated Offenses that occurred before June 18, 2003, our fee is five percent (5%) of the amount of fines and fees collected by the Court on those cases in which the data files are transmitted to MVBA by electronic media. However, in no event shall MVBA be compensated for the collection of a delinquent Fine and Fee which exceeds the amount realized by the City from the collection of the delinquent Fine and Fee after deducting the amount due the State of Texas. Contract for the Collection of Fines & Fees and Accounts Receivable - Page 2 of 5 2. For those Fines and Fees imposed against Unadjudicated offenses that occurred on or after June 18, 2003, and for adjudicated offenses regardless of the date of occurrence, a fee of thirty percent (30%) of the amount of the Fines and Fees collected by the Town, as provided by Article 103.0031 of the Code of Criminal Procedure In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, the discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the Town. MVBA shall remit to the Town all payments in full, semi-monthly, along with appropriate documentation to facilitate processing of the payments by the court for paid cases and will include the amount of the fees due the Firm. All fees shall become the property of MVBA at the time of payment. The Town shall pay to MVBA said fees on a monthly basis by check. Delinquent Accounts Receivable For the collection of Delinquent Accounts Receivable, the Town agrees to pay to MVBA as compensation for services provided pursuant to this contract, a fee of twelve percent (12%) of the amount of the Delinquent Accounts Receivable collected on those accounts in which the data files are transmitted to MVBA by electronic media. All compensation shall become the property of MVBA at the time of payment. The Town shall pay to MVBA said compensation on a monthly basis by check. VIII. MVBA reserves the right to return to the Town all accounts not collected within one (1) year of referral by the Town, or identified as being in bankruptcy. Upon return of these accounts, neither party will have any obligation to the other party to this contract. IX. The initial term of this contract is two (2) years, beginning on the day of 2009, and shall thereafter continue on a month-to-month basis. Either party may,ithou ause, terminate this contract at the end of the initial contract term or thereafter by giving the other party written "Notice of Termination of Contract" at least thirty (30) days prior to the intended termination date. In the event that the Town terminates this contract, MVBA shall be entitled to continue its collection activity on all accounts previously referred to MVBA for six (6) months from the date of receipt of the "Notice of Termination of Contract" and to payment of its fee, pursuant to Paragraph VII of this contract for all amounts collected on accounts referred to MVBA. The Town may, at its discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA. At the end of the six (6) month period, all accounts shall be returned to the Town by MVBA. Contract far the Collection of Fines & Fees and Accounts Receivable - Page 3 of 5 X. For purposes of sending notice under the term of this contract, all notices from the Town shall be sent to MVBA by certified United States mail to the following address: McCreary, Veselka, Bragg & Allen, P.C. Attention: Harvey M. Allen P.O. Box 1310 Round Rock, Texas 78680-1310 or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas 78664-2425. All notices to the Town shall be sent be certified United States mail or delivered by hand or courier to the following address: Town of Westake Attention: Thomas E. Brymer Town Manager 3 Village Circle, Suite 202 Westake, Texas 76262 W This contract is made and is to be interpreted under the laws of the State of Texas. In the event that any provision(s) of this contract shall for any reason be held invalid or unenforceable, the invalidity 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 or unenforceable provision(s) had never been a part of this contract. a" In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. The Town has authorized the Mayor to execute this contract by order heretofore passed by the Town Council of The Town and duly 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 shall be binding and enforceable. Contract for the Collection of Fines & Fees and Accounts Receivable - Page 4 of 5 WITNESS the signatures of all parties hereto this, the f day of , A.D. 2009. TOWN OF WESTAKE, TEXAS Mayor McCREARY, VESELKA, BRAGG & ALLEN, P.C. Gilbert T. Bragg Attorney at Law Contract for the Collection of Fines & Fees and Accounts Receivable - Page 5 of 5