Res 004-2019 Perdue Utility Collections Contract 1/15/2019
Resolution No. 04-2019
Resolution authorizing the City Manager to enter into a contract with
Perdue, Brandon, Fielder, Collins & Mott LLP for the collection of
delinquent utility collection accounts
WHEREAS, the City of Wichita Falls provides water/sewer/sanitation and
stormwater services to customers; and,
WHEREAS, the City is responsible for the collection of the fees associated with
these services; and,
WHEREAS, at times customers will become delinquent in their payment to the
City for these services and their utility account is closed; and,
WHEREAS, the City wishes to hire a professional legal firm that has experience
in collecting delinquent utility billing accounts to pursue collection of these fees.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is hereby authorized to enter into a contract with Perdue, Brandon,
Fielder, Collins & Mott LLP for the collection of delinquent utility collection accounts in a
form to be approved by the City Attorney.
PASSED AND APPROVED this the 15th day of January 15, 2019.
______________________________
M A Y O R
ATTEST:
____________________
City Clerk
CONTRACT FOR THE COLLECTION OF DELINQUENT ACCOUNTS
THE STATE OF TEXAS §
§
COUNTY OF WICHITA §
CITY OF WICHITA FALLS
THIS CONTRACT is made and entered into by and between the
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P
.,
(hereinafter ca
Nature of Services
1. . Client agrees to employ the Law Firm to collect the delinquent fines, fees,
and court costs for the utility accounts that Client turns over to the Law Firm.
Compensation
2. . Client agrees to pay the Law firm as compensation for services required
hereunder thirty percent (25%) of the total amount actually collected and paid to the Client on the
accounts turned over to the Law Firm. It is expressly understood that the Law Firm is not entitled to
receive payment on any delinquent account subsequently paid but that was not turned over to the Law
Firm.
Term of Contract
3. . The contract shall be for a thirty day period beginning from the date both
signatures below are attached hereto. The contract will continue thereafter on a month to month basis
unless either party gives the other party 30 days written notice of its intent to terminate the contract.
Credit Reporting
4. . Client understands and agrees that the Law Firm will not report information
report account information to any such agency.
Interest Accrual.
5. Absent an express agreement to the contrary, the Law Firm will not accrue
Litigation
6. . The Law Firm will not file suit, accept any compromise settlement or incur any
a lawsuit, the Client
understands that it must reimburse the Law Firm for all costs and fees chargeable as court costs (e.g.,
filing fees, citation issuance, process service fees).
Account Information.
7. Client agrees to place only amounts that are validly due and owing by the
debtor. Client will provide accurate information on each account and will promptly report any payments
it receives on accounts turned over to the Law Firm.
Receipt of Payments
8. . Client gives the Law Firm exclusive authority to collect amounts due on
accounts turned over to the Law Firm. It is understood and agreed that the Law Firm will instruct debtors
to make all payments payable to Client, and the Law Firm will forward the payment to Client. In the
event the Law Firm is identified as the payee, the Law Firm will simply endorse the payment over to
Client.
Billing
9. . The Law Firm will submit billing invoices to the Client on a monthly basis.
Reporting
10. . The Law Firm will provide reports to the Client setting forth the status of accounts
upon request.
Notices.
11. For purposes of sending notice under the terms of this Contract, all notices from the
City shall be sent to Perdue by certified United States mail, or delivered by hand or courier, and
addressed as follows:
Perdue, Brandon, Fielder, Collins & Mott, LLP
Attn: Jeanmarie Baer, Partner
BY U.S. MAIL OR BY COURIER DELIVERY:
900 8 th Street, Suite 1100
Wichita Falls, Texas 76301
Telephone Number: 940-723-4323
All notices from Perdue shall be sent to the City by certified United States mail, or delivered
by hand or courier, and addressed as follows:
City of Wichita Falls, Texas
Attn: City Manager
1300 7th Street
Wichita Falls, Texas 76307
Telephone Number: 940-761-7404
Governmental Function Clause
12. . All parties agree that this contract is one wherein the City of
Wichita Falls is solely performing a governmental function. All parties expressly agree that the City is
not engaging in any propriety functions.
Contractual Damages Limitation Clause
13. . All parties agree that damages in this contract are
limited only to those authorized under Texas Local Government Code Section 271.153. Specifically, the
City is not liable for consequential damages or exemplary damages.
Verification.
14.
I, (authorized official) _________________________________, do hereby depose and verify the
truthfulness and accuracy of the contents of the statements submitted on this certification under the
provisions of Subtitle F, Title 10, Government Code Chapter 2270 and that the company named below:
1) does not boycott Israel currently; and
2) will not boycott Israel during the term of the contract; and
3) is not currently listed
located at https://comptroller.texas.gov/purchasing/publications/divestment.php
______________________________________________________________________
Company Name
______________________________________________________________________
Signature of Authorized Official
______________________________________________________________________
Title of Authorized Official Date
WITNESS the signatures of all parties hereto this the _____ day of _____________, 2018.
CITY OF WICHITA FALLS PERDUE BRANDON FIELDER
COLLINS & MOTT, LLP
BY: ________________________________ BY:
_________________________________
CITY MANAGER
PARTNER
ATTEST:
BY: _________________________________
CITY SECRETARY
APPROVED AS TO FORM:
BY: _______________________________________
CITY ATTORNEY