HomeMy WebLinkAboutRes 03-31 Authorizing a Contract with State, Metropolitan and County ServicesTOWN OF WESTLAKE
RESOLUTION NO. 03-31
A RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER
INTO A CONTRACT WITH STATE, METROPOLITAN & COUNTY SERVICES
FOR COLLECTIONS OF DELINQUENT WARRANTS AND EMERGENCY
AMBULANCE BILLINGS.
BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS:
SECTION 1: The Board of Aldermen of the Town of Westlake does hereby
authorize the Town Manager to enter into a contract with State, Metropolitan & County
Services as attached here as Exhibit A.
SECTION 2: This Resolution shall become effective upon the date of its passage.
PASSED AND APPROVED ON THIS 23`d DAY OF JUNE 2003.
ATTEST: Scott Bradley, Mayor
I /S-- 06 -
Ginge0trosswy, Town Se tary
APPROVED AS TO FORM:
Trent O. Petty, TowLM�diger
CONTRACT
This contract is made and entered into by and between Michael Di Napoli, Vice President
of State, Metropolitan & County Services, hereinafter called " The Company" and The
Town of Westlake, 3 Village Circle #109, Westlake, Texas 76262, herein after called
"The Town".
WHEREAS, The Town has certain outstanding Class C Misdemeanor arrest warrants and
delinquent citations, primarily for traffic offenders who have failed to appear, delinquent
water bills, NSF Check Collection and delinquent miscellaneous accounts receivable; and
WHEREAS, The Town is desirous of collecting said warrants and citations, water bills,
NSF Checks and miscellaneous accounts receivable; and
WHEREAS, The Company is engaged in the business of collecting outstanding Class C
warrants and delinquent receivables for municipalities.
NOW THEREFORE, In consideration of foregoing premises and the covenants herein
contained, The Company and The Town hereby agree to the following:
The Town agrees that The Company is authorized to collect on its outstanding
warrants and delinquent citations, water bills, NSF Checks and miscellaneous
accounts receivable and that The Company is authorized to contact the people
named in the warrants / citations (L6Defendants") and delinquent accounts by mail
and or telephone.
2. The Town agrees to turn over for collection by The Company, in a manner to be
mutually agreeable, all outstanding Class C Misdemeanor warrants and delinquent
citations issued through its Municipal Court and delinquent water bills, NSF
Checks and miscellaneous accounts receivable.
During the term of this Contract, The Town agrees not to refer its warrants or
citations, water bills, ambulance bilis and miscellaneous accounts receivable to
any other party for the purpose of collecting same. This does not apply to
collections by The Town's Police or any other public law enforcement agency nor
to the personnel of the Court, which might serve or collect on a Town warrant.
4. The Company agrees to contact the Defendants or delinquent individuals in a
professional iiianner, using only laurfiil practices.
5. The Company will use its reasonable best efforts to assure that all monies
collected will be in the farm of cashier's check or money or:ier made payable to
the order of The Town. Personal checks and cash will only be accepted at The
Town Municipal Court, Utility Billing Department as appropriate.
6. All funds collected by The Company will be remitted to The Town every month,
along with a complete report of the cases cleared. The Company will report to
The Town on a daily basis of any payments received.
7. The Town will report to The Company on a daily or weekly basis on warrants
collected and paid at The Town by defendants and on delinquent water, NSF
Check and miscellaneous receivable accounts paid at The Town,
8. The Company will prepare monthly reports summarizing all payments and
reflecting the amount of money due The Company.
9. The Town will pay The Company a fee equal to 20% of all fines, net of State of
Texas Court Costs, collected through its collections efforts for each case cleared
on warrants and citations. A case cleared shall mean payment of the fine in full or
posting of a cash bond. Specifically excluded from the definition of a case
cleared in the arrest or imprisonment of a defendant. The Town will pay to The
Company a fee equal to 20% of water bills, 20% of miscellaneous accounts
receivable, and $25.00 fee for NSF Check Collections collected through its
collection efforts. The Company will send an invoice to The Town each month
for the amount due and will require payment within 30 days of receipt of invoice.
10. After warrants and billings have been turned over to The Company, The Town
will pay The Company the above fees for any warrants or citations, water bills,
NSF Checks or miscellaneous accounts receivable paid directly to The Town
Municipal Court, Utility Billing Department, except when the defendant has been
arrested or served by The Town Marshal and/or Police.
11. If the appropriate Town Department approves in writing beforehand, delinquent
water, or miscellaneous accounts receivable, may be paid through a proposed
payment plan. Such payment plan shall consist of not more than two payments if
the overall bill is $125.00 or less and not more than four payments for any bill in
excess of $125.00. There shall be no payment plan for monies due for Municipal
Court fines and fees.
12. The Company will keep its records on a computer and will post payments on a
daily basis. The Town or Court personnel can contact The Company at any time
during office hours on weekdays that are not public holidays concerning any case
The Company is working.
13. The parties hereto agree that The Company is as hidependent Contractor of The
Town, and The Company agrees to assume all liability for its activities in
connection with The Contract, and will indemnify and hold The Town, its officers
and employees harmless from any and all claims, losses, liabilities, damages and
expenses, including reasonable attorney fees and expenses arising from or alleged
to arise from acts of The Company or its employees. The Town Shall give The
Company written notice of any claim associated with the performance of this
contract within ten (10) days after receipt by The Town of notice of any such
claims The Company shall give The Town written notice of any claims or
complaints within ten (10) days after receipt by The Company of notice of any
claims or complaints. The Company shall name The Town as an additional
insured on all required insurance policies and shall include a provision required
written notice to The Town prior to cancellation, nonrenewal or material
modification of the policies.
14. This Contract shall be in effect and shall continue for an initial term (the "initial
Term") of three (3) years from and after the date this Contract is approved by The
Town. Unless The Town shall give The Company written notice of the
termination of this Contract no late than thirty (30) days prior to the expiration of
the Initial Term, this contact shall be renewed for an additional term ("Additional
Term") of one (1) year. This contract may be terminated during the Initial Term
or the Additional Term, with or without cause, by either party giving thirty (30)
days written notice of said termination and The Company shall be entitled to
payment for cases cleared in accordance with the terms set forth in paragraphs 9
and 10.
15. Notice shall be deemed given by either party to this Contract when personally
delivered of five (5) days after deposit in the U.S. Mail postage prepaid, certified
or registered, return receipt requested, addressed to the other party at the address
set forth below:
If to Company: State, Metropolitan & County Services
3939 Green Oaks Blvd., West, Suite 101
Arlington, Texas 76016
If to Town: The Town of Westlake
3 Village Circle, #109
Westlake, Texas 76262
Such address may be changed at any time by notice as herein provided.
16. This Contract shall be governed by and construed and enforced in accordance
with the laws of the State of Texas and venue shall be in Tarrant County, Texas.
17. IN CONSIDERATION OF THE TERMS CONTAINED HEREIN, THE
COMPANY HEREBY AGREES TO INDEMNIFY, DEFEND, AND HOLD
HARMLESS THE TOWN, ITS ELECTED OFFICIALS, OFFICERS, AND
EMPLOYEES, FOR ANY AND ALL CLAIMS, LOSSES, DAMAGES,
CAUSES OF ACTION, SUITS AND LIABILITY OF EVERY K ND,
INCLUDING ALL EXPENSES OF LITIGATION, COURT COSTS AND
ATTORNEYS FEES ARISING OUT OF OR IN CONNECTION WITH ANY
SERVICES PROVIDED BY COMPANY PURSUANT OR RELATED TO THIS
AGREEMENT.
18. This Contract constitutes the entire agreement of the parties with respect to the
subject matter hereof, and shall not be amended or modified without the express
written consent of both parties hereto.
EXECUTED THIS THE DAY OF , A.D, 2003.
STATE, METROPOLITAN/& COUNTY SERVICES
MICHAEL DI NAPOLI, VICE PRESIDENT
THE TOWN OF WEST