Loading...
Res 037-95 3/7/1995RESOLUTION NO. RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT WITH MUNICIPAL SERVICES BUREAU FOR THE COLLECTION OF OUTSTANDING MUNICIPAL COURT FINES WHEREAS, the City needs to more aggressively pursue the collection of outstanding Municipal Court fines, and WHEREAS, previous efforts to collect outstanding fines internally proved to be ineffective, and WHEREAS, the City desires to contract with an independent collection agency to perform these services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS, TEXAS, THAT: The City Manager is authorized to enter into a contract with Municipal Services Bureau for the collection of outstanding Municipal Court fines, a copy of which is attached hereto. PASSED AND APPROVED this the ATTEST: (b(� C. City Clerk AGREEMENT This Agreement is made and entered into this '714 day of 191�;41?ew 1 1995, by and between Gila Corporation, d.b.a. Municipal Services Bureau, a Texas Corporation (hereinafter, "MSB"), and the City of Wichita Falls (hereinafter, the "City"), who agree as follows: I. ADMINISTRATIVE RESPONSIBILITIES A. Defendant Contact. MSB will mail notices, telephone or otherwise contact Defendants with outstanding cases with the City in order to attempt to notify Defendants of their obligation with the City. The purpose of the contact is to offer Defendants the opportunity to resolve their obligation voluntarily, before further action is contemplated by the City. The City will provide the name and last known address of the Defendants, all information regarding the date(s) of the alleged violation(s), the date judgment was entered against the Defendants in the court having jurisdiction over the matter or the date the citation was filed, and the amount of any such fine(s). When appropriate MSB will attempt to locate Defendants when the last known address is invalid. B. Correct Information. MSB will rely completely on the City to provide correct information about the Defendants' existing cases and, specifically, about any dollar amount in question, and the City will immediately update and correct any information it has provided to MSB. In particular, the City will immediately notify MSB of any payment or other satisfaction of judgment made directly to the City or any other action affecting the amount or timing of monies owed by the Defendants to the City. C. Accounts Returned. The City will allow MSB a minimum of 180 days to contact a Defendant about their case. This time period will begin with the first day of the following month in which the account was referred to MSB. Upon request by the City, MSB will cease contacting a Defendant whose case remains outstanding at that time. D. Defendants Referred to the City. MSB will refer Defendants who wish to resolve their obligation with the City other than by payment to the city department or person designated by the City to respond to the Defendants' request. II. COMMISSIONS ON FINES COLLECTED A. Basic Commission Rate. For all citations referred by the City to MSB for collection or resolution for which the City is paid (in whole or in part), regardless of whether payment is accepted directly by the City or by MSB on the City's behalf, the City will pay to MSB, in Travis County, Texas, a 25 percent commission rate on the amount collected. This commission rate applies to the fine amount only and is not applicable to mandatory state fees collected and not retained by the City. MSB is not due a fee of any kind if the case is resolved by a law enforcement agency. B. Notification of Collections. MSB will instruct the Defendant to forward payment directly to the City. If a payment is sent to MSB by the Defendant, MSB will forward the payment to the City in the form of the original negotiable instrument received. The City will notify MSB daily of any monies it receives from Defendants towards payments of fines and any other change in the disposition of cases. By the fifteenth of each month, MSB will provide detailed reporting to the City to identify all cases known to be resolved during the prior month and the City agrees to pay or dispute the invoice in writing within 30 days. III. TERM OF AGREEMENT This Agreement will remain in full force and effect until terminated by either party in writing to the other at the addresses set out in this section. If the Agreement is terminated, any city case information then held by MSB will be returned to the City 90 days after the date of termination. Notices to MSB: Municipal Services Bureau 5912 Balcones Drive, Suite 100 Austin, Texas 78731 Notices to City: Elaine Bourgoin Court Administrator Wichita Falls Municipal Court P. O. Box 1431 Wichita Falls, TX 76307 IV. OTHER PROVISIONS A. Indemnification. To the extent permitted by applicable law, MSB will indemnify and hold harmless the City from and against any and all loss, damages, liability, claims or injury resulting from all actions performed by MSB or its agents on MSB's behalf in connection with this Agreement; provided, however, that this Agreement shall not apply with respect to any erroneous information furnished to MSB by the City nor shall it apply to any act or omission of the City. B. Applicable Law. This Agreement will be construed in accordance with the laws of the State of Texas. I IN WITNESS WHEREOF, the parties to this Agreement have signed and delivered this Agreement on the day and year first above written. MUNICIPAL SERVICZS BUREAU: Thomas M./Giamboi, Vice-President By('-JJr mes Berz"lna 7, Its City Manager (-ti�d/ representative duly authorized to e x �ute this Agreement.