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HomeMy WebLinkAboutRes 05-42 Authorizing an Agreement with American Municipal ServicesTOWN OF WESTLAKE RESOLUTION NO. 05-42 A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH AMERICAN MUNICIPAL SERVICES TO PERFORM OUTSIDE COLLECTION EFFORTS ON OUTSTANDING WARRANTS ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS WHEREAS, A large number of outstanding warrants exists in the Town of Westlake Municipal Court; and WHEREAS, Warrants must be collected to enforce the judgments issued by the Municipal Court Judge; and WHEREAS, American Municipal Services, will perform third -party collection efforts to assist the Warrant Division of the Westlake Municipal Court; and WHEREAS, We have developed an agreement, attached hereto as Exhibit "A", establishing the services provided with this agreement; and WHEREAS, the Mayor and other Board of Aldermen of the Town of Westlake, Texas, as well as the Town Staff, have been committed to the adjudication of fine -only state offenses and local ordinances that protect the peace and dignity of our community and visitors and hereby deem it to be of the utmost importance to the Town of Westlake and American Municipal Services to actively participate and heretofore execute said Agreement; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2: That the Board of Aldermen of the Town of Westlake, Texas, hereby approve the Agreement with American Municipal Services, relating to the third - party collection of outstanding warrants, attached hereto as Exhibit "A"; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas, PASSED AND APPROVED ON THIS 14th DAY OF NOVEMBER 2005. ATTEST: Scott Bradley, Mayor F an Dwinnell, Town Secretary Trent O. Petty, To ager Ime a I fel 4 wres 3740 N. 7osey Lane, Suite 225, Carro3lton, TX 75©07 (972) 394 i 0 j 555960)394-6842 COLLECTION AGREEMENT (Warrants, Citations, Capias Pro Fines, etc.) The Town of Westlake, Texas, hereinafter referred to as LLMunici� foam desires ol ection utilize the services of American Municipal Services, ("AMS"), p activities for the Municipality, and American Municipal Services desires to undertake relationship sbeh flrellection activities. rned by the terms of this aGollection Agthe peementarties agree that their re nshi p g The Municipality agrees to periodically refer to AMS citations and or warrants for collection. No specific number or dollar amount of citations that will be sent to AMS is represented or guaranteed by the Municipality. AMS agrees to use their best efforts to collect those citations sent to AMS nebdyatheMd address not known, ogre s to skip trace those accounts where it is d g send each defendant a minimum of four letters, and to contact each defendant by telephone in an effort to have the defendant pay any fine and or court costs due to the Municipality. AMS will limit all telephone calls to between the hours of 8:00 am and 8:00 pm from Monday through Friday, and between the hours of 8:00 am and 2:00 pm on Saturdays. No defendant is to be phoned on Sundays. All contacts between AMS staff and defendants are to be by telephone or by mail. No personal contacts are to ever occur. AMS agrees to honor a defendants request to contact the defendant during specified hours, or at a specified location. AMS will arrange for all defendants to send their payments directly to the Municipality. in the event a payment is sent to AMS byy S defendant, AMS will it will not immediately forward that Payment to the Munieippali#y. �' deposit, endorse or otherwise negotiate any fundsbelonging to the Municipality. Pursuant to Article 103.0031 of the Texas Code of Criminal Procedure, as amended, for offenses committed after June 18, 2003, Municipality will add Thirty Percent (30%) to the amount a defendant owes for each offense as a collection fee. ANT for its collection services with these accounts, is to be paid the Thirty Percent (30%) that is added to each offense. For cases with offenses committed prior to June 18, 2003, Municipality agrees to pay AMS a contingent fee of Seventeen percent (17%) of the amount collected as a result of the efforts of AMS for those cases. AMS agrees to invoice the Municipality on or about the fifth (5th) day of each month for(the previous months collections, said invoices being due and payableconic in hire the defendant s. An S a pa mybe ent hen id for those accounts where AM followed. AMS will not be paid on an account if the defendant pays the ine prior to being contacted by AMS, the case is dismissed by the court for whatever reason, or the defendant is arrested or the defendant performs community service, defensive driving, etc. All expenses in the collection process, including labor, postage, telephone, skip tracing, etc., shall be paid IIoemyloMe • agent,is an or representativedtcof thetMunicipality- in unc pal ty in any way considered a employee, constantly acts with AMS agrees e�ctheir employees insure cont defendants are done n polite, approach The Municipality agrees to review with AMS on an as needed basis st the amounts paid on those citations referred to AMS and to answer questions SPecifie accounts when a defendant claims they have already paid the fine, has served time for the offense, is the wrong person, or has had the case dismissed. AMS agrees to provide the ; M receipt with and toort on an monthlyes sent repo reo AMS for collection port the Municipality onthe seven days o p y, cases AMS has for eollect►ongg. ent ants and to orize AMS is payment of on to arrange warrant per 313 day ules tperiod. �AMS agrees that they the paymen will first request payment in full from each defendant, and only when it appears a defendant is unable to make the full pa meat will AMS negotiate a 30 day payment plan. When a payment plan is established, AMS agrees to provide each defendant with a schedule of their payments, payment coupons and envelopes addressed to the Municipality. AMS agrees to monitor each payment plan, and to telephone and write each defendant who fails to comply with the plan. e from and either The Mo this Collection Agreement withdraw may terminate tcitation at his Collecii n Agreement nt upon party to this g thirty (30) days prior written notice. Municipality: Town of Westlake Address: 2650 J.T. Ottinger Westlake, TX. 76262 Contact person: Amanda DeGan, Municipal Court Clerk PHONE: ($17) 490-5715 —L-- _ Date: Signature: Town of Westlake, Texas American unicipal es By: Gregory L. Pitchford, Vice President Sales