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2003-161-RES APPROVING/AUTHORIZING EXECUTION OF PROFESSIONAL SERVICES COLLECTION AGREEMENT WITH AMERICAN MUNICIPAL SERVICES COOPERATION RESOLUTION NO. 2003-161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS, APPROVING AND AUTHORIZING THE EXECUTION OF A PROFESSIONAL SERVICES COLLECTION AGREEMENT WITH AMERICAN MUNICIPAL SERVICES CORPORATION FOR THE COLLECTION OF DELINQUENT MUNICIPAL COURT FEES, COSTS, AND FINES; MAKING OTHER FINDINGS AND PROVISIONS RELATED TO THE SUBJECT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris has been made aware of the Municipal Court's need for professional collection services for delinquent Municipal Court fees, costs, and fines, and the City of Paris is desirous of having such fines and court costs collected; and, WHEREAS, due to certain recent statutory changes by the Texas Legislature and in order to continue to receive such collection services, it is necessary for the City of Paris to enter into a new Professional Services Collection Agreement with American Municipal Services Corporation; and, WHEREAS, the form of agreement for such professional collection services, attached hereto as Exhibit A, should, in all things, be approved, and the Mayor should be authorized to execute the same; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble to this resolution are hereby in all things approved. Section 2. That the form ofthe Professional Services Collection Agreement with American Municipal Services Corporation for the collection of delinquent Municipal Court fees, costs, and fines be, and the same is hereby, approved. Section 3. That the Mayor ofthe City of Paris be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the Professional Services Collection Agreement with American Municipal Services Corporation, under the terms and conditions and in the form shown in Exhibit A, attached hereto. Section 4. That this resolution shall be effective from and after its date of passage. PASSED AND APPROVED this 13th day of October, 2003. ATTEST: APPROVED AS TO FORM: imerican JlllllicipaJ Serfices Corporation 3740 N. Josey Lane, Suite 225, Carrollton, TX 75007 (972) 394-7200 Fax (972) 394-6842 COIUCTION AGRHEMENI (Warrants, Citations, Capias Pro Fines, etc.) . The City of Paris, Texas, hereinafter referred to as "Municipality" desires to utilize the services of American Municipal Services Corporation, hereinafter referred to as "AMSC", to perform collection activities for the Municipality, and American Municipal Services Corporation desires to undertake such collection activities. Accordingly, the parties agree that their relationship be governed by the terms of this Collection Agreement. The Municipality agrees to periodically refer to AMSC citations and/or warrants for collection. No specific number or dollar amount of citations that will be sent to AMSC is represented or guaranteed by the Municipality. No case will be sent by the City of Paris, Texas to AMSC, until the case is more than sixty (60) days past due. AMSC agrees to use their best efforts to collect those citations sent to AMSC by the Municipality. AMSC agrees to skip trace those accounts where it is detennined a good address is not known, to send each defendant a minimum of four letters, and to contact each defendant by telephone in an effort to have the defendant pay any fine and/or court costs due to the Municipality. AMSC will limit all telephone calls to between the hours of 8:00 am and 8:00 pm from Monday through Friday, and between the hours of 8:00 am and 5:00 pm on Saturdays. No defendant is to be phoned on Sundays. All contacts between AMSC staff and defendants are to be by telephone or by mail. No personal contacts are to ever occur. AMSC agrees to honor a defendants request to contact the defendant during specified hours, or at a specified location. All services performed under this Collection Agreement shall be under the direction of a Texas attorney. All services to be performed under this Collection Agreement shall be conducted in accordance with all federal, state, and local laws as those laws relate to collection activities under this Agreement. AMSC will arrange for all Defendants to send their payments directly to the Municipality. In the event a payment is sent to AMSC by a Defendant, AMSC will immediately forward that payment to the Municipality. AMSC agrees that it will not deposit, endorse or otherwise negotiate any funds belonging to the Municipality. Pursuant to Article 103.0031 of the Texas Code of Criminal Procedure, as amended, Municipality will add a collection fee of Thirty Percent (30%) to each offense committed after June 18, 2003 that is referred to AMSC for collection. AMSC will be paid the added Thirty (30%) percent as their fee for providing this collection service for these cases. AMSC will be paid a contingent fee of Twenty Five Percent (25%) of the amount of fines collected on all citations/warrants collected though the efforts of AMSC that involve offences committed prior to June 18, 2003. The amount AMSC is paid Twenty-Five Percent on is the actual amount paid by a defendant, minus court costs. AMSC agrees to invoice the Municipality on or about the EXHIBIT B.. 1 fifth (5th) day of each month for the previous month's collections, undisputed invoices being due and payable within thirty (30) days. AMSC will only be paid for those accounts where AMSC contacted the defendant and a payment then followed. AMSC will not be paid on an account if the defendant pays the fine prior to being contacted by AMSC, the case is dismissed by the court for whatever reason, the defendant is arrested, or the defendant is given a sentence by the court such as community service where no monies are paid to the Municipality. All expenses in the collection process, including labor, postage, telephone, skip tracing, etc. shall be paid for by AMSC. AMSC is an independent contractor, and as such is not to be in any way considered an employee, agent, or representative of the Municipality. AMSC agrees to constantly monitor their employees to insure all contacts with defendants are done in a polite, courteous, and helpful approach. The Municipality agrees to review with AMSC on an as needed basis the amounts paid on those cases referred to AMSC and to answer questions on specific accounts when a defendant claims they have already paid the fine, has served time for the offense, is the wrong person, or has had the case dismissed. AMSC agrees to provide the Municipality with a report on all cases sent to AMSC for collection within seven days of receipt by AMSC and to monthly report to the Municipality on the cases AMSC has for collection. AMSC is authorized to arrange payment schedules with Defendants and to authorize partial payments, provided the entire amount to be paid by the Defendant equals the total of the fine and costs established by the Municipality. AMSC agrees that they will first request payment in full from each defendant, and only when it appears a defendant is unable to make the full payment will AMSC negotiate a payment plan. In no case will AMSC set payments at less then $25.00 per month. When a payment plan is established, AMSC agrees to provide each defendant with a schedule of their payments, payment coupons and envelopes addressed to the Municipal Court. AMSC agrees to monitor each payment plan, and to telephone and write each defendant who fails to comply with .the plan. Any notice required or permitted to be given hereunder by one party to the other shall be in writing and the same shall be given and deemed to have been served and given if delivered in person to the address set forth hereinafter for the party at the address hereinafter specified. If mailed, said notice shall be effective upon the date said notice is placed in the United States mail, postage prepaid. Notices pursuant to this Agreeement regarding case status, monthly billings, case reports and other daily collection operations shall be sent to: Clerk of the Municipal Court City of Paris P.O. Box 9037 Paris, Texas 75461-9037 Notices required pursuant to this Agreement regarding legal matters, cancellation notice, default notice, or contract change notices shall be sent to: City Manager City of Paris P.O. Box 9037 Paris, Texas 75461-9037 2 All notices to AMSC shall be sent to: Gregory L. Pitchford, Vice President Sales American Municipal Service Corporation 3740 N. Josey Lane, Suite 225 Carrollton, Texas 75007 From time to time either party may designate another address for all purposes of this Agreement by giving the other party not less than ten (10) days advance notice of such address change. AMSC shall furnish a Certificate of Insurance to the City Clerk prior to or upon execution of this Agreement, evidencing the insurance coverage. All insurance provided under this Agreement shall require a minimum of thirty (30) days written notice to the City Clerk prior to the expiration of any policy. The term of this Collection Agreement shall be for twelve (12) months commencing upon the last date signed by the parties to this Agreement. Thereafter, the Agreement shall be self- renewing from year to year unless the terms and conditions hereof are renegotiated at the request of either party. Notwithstanding the foregoing, either party hereto shall have the right at any time and at its sole election and without cause, to terminate this Collection Agreement upon delivering thirty (30) days written notice to the other party. Municipality: City of Paris, Texas Address: PO Box 9037, Paris, Texas 75461 Telephone: ( ) Fax: ( ) By: Date: tJ1-22-- ~o.3 By: Date: 3 ACORDTM CERTIFICATI:: OF LIABILITY INSURANCE I DATE 09/23/2003 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Texas Insurance Exchange ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 855 Davis Blvd #600 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE Southlake TX 76092- INSURED INSURER A: NAUTILUS INSURANCE COMPANY AMERICAN MUNICIPAL SERVICES CORP. INSURER B: 3740 N. JOSEY LANE STE# 225 INSURER C: INSURER D: CARROLLTON TX 75007- INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN~: TYPE OF INSURANCE POLICY NUMBER P~l+~~~~8~~ Pg~!fJI~~~~N LIMITS GENERAL LIABILITY - / / / / EACH OCCURRENCE $ 1,000,000 - X COMMERCIAL GENERAL LIABILITY . FIRE DAMAGE (Anyone fire) $ 50,000 A I CLAIMS MADE W OCCUR NC286891 09/15/2003 09/15/2004 MED EXP (Anv one person) $ 1,000 PERSONAL & ADV INJURY $ 1,000,000 / / / / GENERAL AGGREGATE $ 1,000,000 GEN'L AGGRnE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ I PRO- n / / / / POLICY JECT LOC ~TOMOBILE LIABILITY / / / / COMBINED SINGLE LIMIT - ANY AUTO (Ea accident) $ - ALL OWNED AUTOS / / / / BODILY INJURY SCHEDULED AUTOS (Per person) $ - / / / / I-- HIRED AUTOS BODILY INJURY I-- NON-OWNED AUTOS (Per accident) $ - / / / / PROPERTY DAMAGE (Per accident) $ ~RAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO / / / / OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESS LIABILITY / / / / EACH OCCURRENCE $ ::J' OCCUR D CLAIMS MADE AGGREGATE $ $ ==i DEDUCTIBLE / / / / $ RETENTION $ $ WORKERS COMPENSATION AND / / / / I T~~~IfJNs I 10TH- EMPLOYERS. LIABILITY ER E.L. EACH ACCIDENT $ / / / / E.L DISEASE - EA EMPLOYEE $ E.L DISEASE - POLICY LIMIT $ OTHER / / / / DESCRIPTION OF OPERA TIONS/LOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS CERTIFICATE HOLDER I I ADDITlONAL INSURED' INSURER LETTER: CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT - CITY OF PARIS FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE MUNICIPAL COURT INSURER, ITS AGENTS6@PRESENTATWE9;-. - P.O. BOX 9037 AUTHORIZED REPRESkNIrAiLYL- t' ---q .L PARIS TX 75461- \I~ ACORD 25-S (7/97) ELECTRONIC LASER FORMS, INC. - (800)327-0545 U 0 @ ACORD CORPORATION 1988 ~",,- INS025S (9910).01 Page 1 012