HomeMy WebLinkAboutResolution 24-60 Linebarger Contract Collecting Utility BillsTOWN OF WESTLAKE
RESOLUTION NO. 24.64
A RESOLUTION OF TIIE TOWN COUNCIL OF TIIE TOWN OF WESTLAI(E, TEXAS,
TO AFTIRM FINDINGS AND APPROVE TI{E AMENDMENT TO THE CONTRACT
FOR FINtrS AND FEES COLLECTION SERVICES WITH LTNEBARGER GOGGAN
BLAIR & SAMPSON, LLP AND AUTHORIZE THE TOWN MANAGER TO E)MCUTE
SAID CONTRACT.
WIIAREAS, the Town Council of the Town ofWestlake desires to collect all fees owed
for billed utility usage; and,
WHEREAS, the Town Council of the Town of Westlake approved Ordinance 997
enacting late fees and a process for collecting unpaid utility bills; and,
WI{EREAS, the Town Council ofthe Tsum ofWestlake finds that its current engagement
with Linebarger Goggan Blair & Sampson, LLP, hereafter referred to as "Linebaf,ger", has proved
beneficial in eollecting delinquent property taxes and municipal court fees; and,
WIIEREAS, the Town Council finds that the passage of this Resolution is in the best
interest of the citizens of Westlake.
NOW, TI{ERNFORE, BE IT RESOLYED BY TI{E TOWN COTJNCIL OF TI{E TOWN
OF WESTLAI(E, TEXAS:
SECTIONJi That all matters stated in the Recitals hereinabove are found to be true and
corroct and are incorporated herein by reference as ifcopied in their entirety.
SECTION 2: Afterha ving provided adequate notice as required by Sec. 2254.1036 of the
Texas Government Code, the Amendment to Contract for Fines and Fees Collection Services with
Linebarger is approved and the Town Manager is authorized to execute this Agreement.
SECTIQL.{ 3: After exercising its due diligence, the Town of Westlake finds that:
1. There is a substantial need for the legal services to be provided pursuant to the
Amendment to Contract for Fines and Fees Collection Services;
2. These legal services cannot be adequately performed by the attorneys and
supporting personnel of the Town at a rcasonable 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 practices in the industy
with regards to these debt types and because the City does not havo the fi:nds to pay the
estimated amounts required under a contract only for the payment of houriy fees;
4. Linebarger is well qualified and competent to perform the legal services required
to comply with the terms of this oontract;
5. Linebarger has provided fhese speciallu'ed legal services to many nearby
municipalities in the past and based on our review, their clients have been well satisfied
Resolution 24-60
Page I of2
with the qualif and outcome of the legal services provided. The law firm has represented
tle Town of Westlake for the past seven years.
6. The contract with Linebarger is the result of an am's lengtrh transaction between
the Town of Westlake and Linebarger and is fair and reasonable.
SECTION 4: That the Town Council of Westlake does hereby approve the contact
amendment for legal services provided by Linebarger, atbached hereto as frxhibit "A"; and further
autlorizes the Town Manager or designee to execute this agreement.
SECTION 3: If any portion of tbis Resolution shall, for any reason, be declared invalid
by any courf of competent jurisdiction, such invalidity shall not affect the remaining provisions
hereof and the Council hereby detennines that it would have adopted this Resolution without the
invalid provision.
SECTION 4: That this Resolution shali become effective from and after its date of
passage.
PASSED AND APPR.OVED ON TIIIS 3'd DAY OF SEPTEMBER 2024.
Kim
ATTEST:
Dianna Buchan:ran, Town Secretary
APPROVED
, Town Attorney
Resolution 24-60
Page 2 of2
L.
T}IE STATE OF TEXAS AMENDMENT TO
CONTRACT FOR
FINES AND FEES
COLLECTION SER\rICESCOLINTY OF TARRANT
The professional services CONTRACT FOR. FINES AND FEES COLLECTION
SERVICES ("AGREEMENT") as signed on February 27, 20L7, berween the TOWN OF
WESTLAKE, TEXAS, (the "CLIENT"), acting herein by and through its governing body, and
LINEBARGER GOGGAN BLAIR & SAMPSON, LLP (&e "FIRM"), a duly authorized Texas
entity, is hereby amended to include the collection of dslinquent utility accounts:
1) Section 2.01 shall be revised as follows:
2.01 CLIENT agroes to employ and does hereby employ FIRM to provide specific legal
services provided herein and to enforce the collection of
(a) Delinquent courf fees and fines that are subject to this AGREEMENT, pursuatrt
to the tenns and conditions described herein; and,
(b) Delinquent utility accounts which CLIENT agrees to refer to FIRM for collection
and which FIRM agrees to receive and undertake the collection thereof.
Such iegal services shall include butnot be iimited to r€commendations aad legal advice
to CLIENT to take legal enforcement action; representing CLIENT in any dispute or
legal challenge over authority to collect such court fees and fines and utility accormts;
defending CLIENT in litigation or challenges of its collection authorify; and
representing CLIENT in collection interests in bankruptcy matters as determined by
FIRM and CLIENT. This AGREEMENT supersedes all prior oral and written
agreements between the parties regarding court f€es and fines and utilify accounts, 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 parfy without the written consent of
all parties.
2) Section 2.04 shall be revised to read as foliows:
2.04 Tbe CLIENT agrees to provide to the FIRM data regarding any fines and fees, and
utility accounts that are subject to this AGREEMENT. The data shall be provided by
eleetronic medium in a file format specified by the FIRM. The CLIENT and the FIRM
may from time-to-time agree in writing to modifo this format. The CLIFNT shail
provide the data to the FIRM not less frequently than weekly or as otherwise mutually
agreed"
3) Section 2.05 shall be revised as follows:
2"05 The FIRM, in all communications seeking the coiiection of fines and fees
and utility accounts, shall direct all payments directly to the CLIENT at an
$
$
$
$
address designated by the CLIENT. If any fines and fees or utility aocounts are
paid to the FIRM, said payments shall be expeditiously turned over to the
CLIENT.
4) Section 3.01 shali be revised as follows:
3.01 The CLIENT agrses to pay the FIRM as compensation for the services
required hereunder as follows:
(a) Zero (0%) percent of all the fines and fees subject to the terms of this
AGREEMENT as set forth in Section 2.03 above that are collected by
the CLIENT during the term of this AGREEMENT that were incuted
under Arl. 103.0031(a)(2), Texas Code of Criminal Procedure, as a
result of the commission of a criminal or civil offense committed before
June 18,2003; and
(b) Thirty QA%) percent of the total amount of all fines and fees fexclusive
of any collection fee assessed by the CLIENT pursuant to Subsection
(b) of Article 103.0031, Texas Code of Criminal Procedurel subject to
the terms of this AGREEMENT as set forth in Section 2.03 above that
are collected by the CLIENT during tJre terms of this AGRIEMENT;
and
(c) With respect to those utility accounts identified in 2.01(b), twenty Q0%)
percent of the total amount of all utility accounts subject to the terms of
this Agreement that are collected by the CLENT dwing the term of this
AGREEMENT.
All compensation shall become the properly of the FIRM at the time payment of
the fines and fees, and utility accounts are made to the CLENT.
5) A new Section, 7.05, is hereby added to include statutorily required verifications and shall
state:
7.05 StatutoryVerifications
a) Pursuant to Texas Govemment Code Chapter 2271, as amended, the Firm
verifies that at the time of execution and delivery of this Agreement and for the
term of this Agreement, neither the Firm, its parent companies, nor its common-
conrol affiliates currently boycott or will boycofi Israel. The terrn '"boycott
Israel" as used in this paragraph has the meaning assigned to the tenn "boycott
Israel" in Section 808.001 of the Texas Government Code, as amended; and
b) Pursuant to Texas Government Code, Chapter 2252, as amended, the Firm
represents and verifies that at the time of execution and delivery of this
Agleement and for the term of this Agreement, neither the Firm, its parent
cofilpaniss, nor its common-control affiliates (i) engage in business with Iran,
Sudan, or any foreign terrorist organization as described in Chapters 806 or 807
of the Texas Govemment Code, or Subchapter F of Chapter 2252 of the Texas
Government Code, or (ii) is a company listed by the Texas Comptroller of
Public Accounts under Sections 806.05i, 807.051, or 2252.153 of the Texas
Government Code.
c) Fursuant to Chapter 2276 af the Texas Government Code (as added by Senale
Bill 13, 87'h Texas Legislahre, Regular Session andredesignated by House Bill
4595,88e Texas Legislature, Regular Session), the Firm certifies that it is not
a Company that boycotts energy companies and agrees it will not boycott
energy companies during the term of this Agreement. The terms "boycotts
energy companies" and "boycott energy companieg" have the moaning assigned
to the term "boycott energy company''in Section 809.001, Texas Government
Code. For purposes of this paragraph, "Company" means a for-profit sole
proprietorship, organization, association, corporation, partnership, joint
venture, limited partnership, limited liability partnership, or limited liability
company, including a wholly owned subsidiary, majority-owned subsidiary,
parent company, or affiliate of those entities orbusiness associations, that exists
to make a profit, but does not include a sole proprietorship.
d) Pursuant to Chapter 2274 of rhe Texas Government Code (as added by Senate
8il1 19, 87d'Texas Legislature, Regular Session, *SB 19"), the Firrr certifies
that it is not a Company that has a practice, policy, guidance, or directive that
discriminates against a fiream entity or fuearm tade association and agrees it
will not discriminate against a firearm entify or firearm trade association during
the term of this Agreement. The terms "discriminates against a firearm entity
or fireann trade association" and "discriminate against a firearm entity or
firearm trade association" have the meaning assigned to the tenn "discriminate
against a frearm entity or firearm trade association" in Section 2274.001(3),
Texas Govemment Code (as added by SB 19). For pu{poses of this paragraph,
"Company" means a for-profit organization, association, corpolation,
partu-ership, joint venture, limited parhership, limited liability parfiiership, or
limited liability company, including a wholly owned subsidiary, majority-
owned subsidiary, parent company, or affiliate of those entities or business
associations, that exists to make a profit, but does not mean a sole
proprietorship.
IN WITNESS WHEREOF, effective September 3,2024, the parties have hereto set their
hands by the representatives thereunto duly authorized.
NTOTICE OF A PUBLIC MEETING
Notice is hereby given that a meeting of Town of Westlake ("Town'), will be held on
Tuesday, September 3,2024, at 4:00 p.m. for the purpose of considering and taking action on all
matters on the agenda for the meeting, including approval of an agreement with the law firm of
Linebarger Goggan Blair & Sampson, LLP as special counsel to perform all legal services
necessary to collect ',npaid water/utility bills and authorizing the execution of such agreement.
The agreement to be considered is necessary for the unpaid water/utility bills owed to the
Town to be coilected in the most effective manner. The Town desires that such unpaid bills be
collected as provided in the Town's Code of Ordinances.
The Linebarger Goggan Blair & Sampsor5 LLP firm is fully qualified to provide this
rq)resontation, being the largest law firm specializing in the collection of governmental receivables
in the State of Texas, as well as the United States, and having been engaged in this specialized
legal service for more than 40 years. In addition, the Linebarger Goggan Blair and Sampson, LLP
firm possesses infrastructure and technology, such as call center technology, that the Town does
not currently possess.
Linebarger Goggan Blair & Sampson, LLP has represented the Town for the past 7 years
with competence and professionalism, in the coliection of unpaid court fines and fees, along with
delinquent properry bx, penalties and interest.
The specialized legai services required by this agreement cannot be adequately performed
by the attorneys and supporting personnel of the Town due to &e high cost of implementing the
appropriate infrastnrcture and technology and employing sufiicient in- house attorneys and staff
with the level of experience and competence necessary to perform these activities.
Linebarger will be compensated on a contingent fee basis as provided in the Town's Code
of Ordinances and for an additional collection fee in the amount of twenty (20) percent to
compensate collection attorneys. A contract to pay inside or outside attorneys on an hourly basis
would represent an additional cost to the Town.
Entering into the proposed agreement is in the best interests of the residents of the Town
because the unpaid water/utility bills will be professionally and competently collected without the
additional costs to the Town of implementing infrastmctrne and technoiogy, and employing in-
house personnel or paying outside counsel on an houdy fee basis which would otherwise be
required.
TOW}{ OT WESTLAKEO TEXAS LINEBANGER GOGGAI{ BLAIR &
Title:
APPROVED A.S TO FORM:
TownAttonrey