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Res 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´┐Żdiger 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