HomeMy WebLinkAboutRes 2024-01-1582 Agreement with McCreary Veselka Bragg & Allen for Collection of Delinquent Court Fines & FeesCITY OF ANNA, TEXAS
RESOLUTION NO. ZOV4 -01— 15 82
A RESOLUTION OF THE CITY OF ANNA, TEXAS AUTHORIZING THE CITY
MANAGER TO ACT ON THE CITY'S BEHALF IN EXECUTING THE AGREEMENT FOR
COLLECTION OF DELINQUENT COURT FINES AND FEES WITH MCCREARY
VESELKA BRAGG & ALLEN PC ATTORNEYS AT LAW
WHEREAS, the City Council of the City of Anna, Texas (the Council) desires to secure
services for collection of delinquent court fines and fees: and,
WHEREAS, McCreary Veselka Bragg & Allen PC Attorneys at Law (MVBA) desires to
provide services for collection of delinquent court fines and fees for the City of Anna
(the City): and.,
WHEREAS, the Council has determined that the services will benefit the City in
providing for an economically feasible and efficient method for collection of delinquent
court fines and fees and desires to enter into the Contract for Collection of Delinquent
Municipal Court Fines and Fees (the "Agreement"),
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The above -referenced recitals are incorporated herein as if set forth in full for all purposes.
Section 2. Approval and Authorization of Contract
The City Council hereby approves the Agreement, subject to approval as to form by the
City Attorney, for collection of Delinquent Municipal Court Fines and Fees and authorizes
the City Manager's execution of the same. The City Manager is hereby authorized to
execute all documents and to take all other actions necessary to finalize, act under, and
enforce the contract.
PASSED by the City Council of the City of Anna. Texas, on this the 91" day of January,
2024.
ATTEST:
APPROVE i, �
L. Land, City Secretary �(*(j'A .... 1jj.4atW2ike, Mayor
CONTRACT FOR COLLECTION
OF
DELINQUENT MUNICIPAL COtTRT FINES AND FEES
STATE OF TEXAS §
COUNTY OF COLLIN §
THIS CONTRACT is made and entered into by and between the CITY OF ANNA,
TEXAS, acting herein by and through its governing body, hereinafter styled, "City", and McCREARY,
VESELKA, BRAGG AND ALLEN, P.C., hereinafter styled "MVBA".
I.
The City agrees to retain and does hereby retain MVBA to provide specific legal services
provided herein and enforce the collection of delinquent municipal court fines, fees, court costs,
restitution, debts and accounts receivable and other amounts in accordance with Article 103.003 L Texas
Code of Criminal Procedure (hereinafter referred to in the agreement as "Fines and Fees") pursuant to
the terms and conditions described herein. Legal services shall include but not be limited to
recommendations and legal advice to the City to take legal enforcement action; representing the City in
any dispute or legal challenge to authority to collect such court fees and fines; defending the City in
litigation or challenges of its collection authority; and representing the City in collection interests in
bankruptcy matters as determined by MVBA or the City. The City further authorizes MVBA to execute
all legal documents that are reasonably necessary to pursue collection of the City's claims in connection
with the collection of fines and fees that are subject to this contract. This contract supersedes all prior
oral and written contracts between the parties regarding court fees and fines, and can only be amended if
done so in writing and signed by all parties. Furthermore, this contract cannot be transferred or assigned
by either party without the written consent of all parties.
H.
For purposes of this contract all Fines and Fees shall be referred to MVBA when determined to
be delinquent as provided for in Article 103.0031, Code of Criminal Procedure.
At least once each month on a date or dates agreed upon by the parties, the City will provide
MVBA with copies of, or access to, the information and documentation necessary to collect the Fines
and Fees that are subject to this contract. The City shall furnish the information to MVBA by electronic
transmission or magnetic medium.
MVBA shall forward to the City all cashier's checks or money orders received by MVBA made
payable to the City and any correspondence from defendants. Cashier's checks or money orders
received by MVBA which are made payable to MVBA will be deposited daily into the MVBA Trust
Account. MVBA may collect the amount due from the defendant by credit card or electronic draft which
funds shall be deposited into the MVBA Trust Account. MVBA shall remit to the City. weekly. all funds
deposited into the MVBA Trust Account. along with an invoice detailing the docket number, name of
defendant, amount paid by the defendant to MVBA or directly to the City and the MVBA fee percentage
and fees earned for each case. The remittance from MVBA to the City shall include the fees earned by
MVBA on the fines and fees collected. The City shall be responsible for the posting to the records of
the City the payment of all fines and fees and accounts receivable collected pursuant to this contract.
IV
MVBA shall indemnify and hold the City harmless from and against all liabilities, losses and/or
costs arising from claims for damages. or suits for losses or damages, including reasonable costs and
attorney's fees, which may arise as a result of MVBA's performance of the services described in this
Contract. The indemnity provision of this Contract shall have no application to any claim or demand
which results from the sole negligence or fault of the City, its officers, agents, employees or contractors.
And fiirthermore, in the event of joint and/or shared negligence or fault of the City and MVBA,
responsibility and indemnity, if any, shall be apportioned in accordance with Texas law and without
waiving any defenses of either parry. The provisions of this paragraph are intended for the sole benefit
of the parties hereto and are not intended to create or grant any right, contractual or otherwise, to any
other persons or entities.
V.
For the collection of Fines and Fees. the City agrees to pay to MVBA, as compensation for the
legal services rendered the following fees:
1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18,
2003. there is no fee due (0%) MVBA on the amount collected by the Court on those cases.
For those Fines and Fees imposed against Adjudicated Offenses regardless of the date of the
offense. and against Unadjudicated Offenses that occurred on or after June 18, 2003, a fee of
thirty percent (30%) of the amount of the Fines and Fees collected by the Court as provided by
Article 103.0031 of the Code of Criminal Procedure.
3. In the event any case is disposed of by acquittal or dismissal. or if the fine. costs and/or fees are
discharged through performance of community service. credit for jail time served, the
discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of
Criminal Procedure. no compensation shall be paid to MVBA by the City.
Contract for the Collection of Municipal Court Fines & Fees - Page 2 of 5
All compensation due to MVBA shall become the property of MVBA at the time of payment of
the fines and fees by the defendant. The City shall pay to MVBA said compensation on a monthly basis
by check.
VI.
The City recognizes and acknowledges that MVBA owns all right, title and interest in certain
proprietary software that MVBA may utilize in conjunction with performing the services provided in the
contract. The City agrees and hereby grants to MVBA the right to use and incorporate any information
provided by the City ("case or defendant information") to update the databases in this proprietary
software, and, notwithstanding that the case or defendant information has been or shall be used to update
the databases in this proprietary software, further stipulates and agrees that the City shall have no rights
or ownership whatsoever in and to the soffivare or the data contained therein, except that the City shall
be entitled to obtain a copy of such data that directly relates to the City's accounts at any time.
MVBA agrees that it will not share or disclose any specific confidential case or defendant
information with any other company, individual, organization or agency, without the prior written
consent of the City, except as may be required by law or where such information is otherwise publicly
available. It is agreed that MVBA shall have the right to use case or defendant information for internal
analysis, improving the proprietary software and database, and generating aggregate data and statistics
that may inherently contain case and defendant information. These aggregate statistics are owned solely
by MVBA and will generally be used internally, but may be shared with MVBA's affiliates, partners or
other third parties for purposes of improving MVBA's soffivare and services.
MVBA reserves the right to return to the City all accounts not collected within one (1) year of
referral by the City, or identified as being in bankruptcy. Upon return of these accounts, neither party
will have any obligation to the other parry to this contract.
VII.
The initial term of this contract is one year, beginning on the first day of the month following
the execution of this contract by both parties, and shall automatically renew on the anniversary date
and continue in full force and effect thereafter from year to year for additional twelve month periods on
the same terms and conditions unless either parry delivers written "Notice of Termination of Contract"
to the other party of its intent to terminate this contract, at least, sixty (60) days prior to each anniversary
date of this contract.
In the event that the City terminates this contract, MVBA shall be entitled to continue its
collection activity on all accounts previously referred to MVBA for six (6) months from the date of
receipt of the "Notice of Termination of Contract" and to payment of its fee, pursuant to Paragraph V
of this contract for all amounts collected on accounts referred to MVBA. The City may, at its
discretion, refer additional accounts to MVBA after notice of termination has been received by MVBA.
At the end of the six (6) month period, all accounts shall be returned to the City by MVBA.
Contract for the Collection of :I adelpal Court Fines & Fees - Page 3 of 5
Interlocal Agreement
MVBA agrees to extend prices and terms to all entities or other political subdivisions or municipalities
who have entered or will enter joint purchasing interlocal cooperation agreement(s) with the City.
VIII.
For purposes of sending notice under the term of this contract, all notices from the City shall be sent to
MVBA by certified United States mail to the following address:
McCreary, Veselka, Bragg & Allen. P.C.
Attention: Matthew Tepper
P.O. Box 1310
Round Rock. Texas 78680-1310
or delivered by hand or by courier, and addressed to: 700 Jeffrey Way, Suite 100, Round Rock, Texas
78664-2425. All notices to the City shall be sent by certified United States mail or delivered by hand or
courier, to the following address:
City of Amia, Texas
Attention: City Manager
120 W 7th Street
Anna, Texas 75409
IX.
This contract is made and is to be interpreted under the laws of the State of Texas. Exclusive
venue for any action, lawsuit, claim, dispute or another legal proceeding concerning or arising out of this
contract shall be in Collin County, Texas.
In the event that any provision(s) of this contract shall for any reason be held invalid or
unenforceable, the invalidity or unenforceability of that provision(s) shall not affect any other
provision(s) of this contract, and it shall further be construed as if the invalid or unenforceable
provision(s) had never been a part of this contract.
Every provision of this Contract is intended to be severable. If any term or provision of this
Contract is deemed to be invalid, void, or unenforceable for any reason by a District Court, to the extent
possible such invalidity or unenforceability shall not affect the validity of the remainder of this Contract,
it being intended that such remaining provisions shall be construed in a manner most closely
approximating the intention of the Parties with respect to the invalid, void, or unenforceable provision or
part thereof.
Contract for the Collection of Municipal Court Fines & Fees - Page 4 of 5
In accordance with the requirements of Chapter 2271. Texas Goveriullent Code. the signatory
executing this Contract on behalf of MN'BA does hereby verify that MBA does not boycott Israel and
will not boycott Israel during the term of this Contract. In accordance with the requirements of Chapter
2274. Texas Governluem Code. rile signatory executing this Contract on behalf of -NI\•BA does hereby
verify that 1IV13A 1) does not and will not boycott energy companies and will nor boycott energy
companies during the term of this Contact. and 2) does not have a practice. policy. guidance. or
directive that discriminates against a firearm entity or firearm trade association. and will not
discriminate during the term of the Contract against a firearm entity or firearnl trade association.
X.
hi consideration of the terms and compensation herein stated. %I\'BA hereby agrees to undertake
the perfornanee of said contract as set forth above.
The Citv has authorized by order heretofore passed and duly recorded in its minutes the chief
executive officer to execute this c0lurtlCt.
This contract may be executed in any munber of counterparts. and each counterpart shall be
deemed an original for ill purposes. Sighed facsimiles shall be binding and enforceable.
WITNESS the signatures of all parties hereto this. the day of G�r A.D. 2024.
CITY OF. NNA. TEXAS
City \ nag Of
McCREARY, VESELI:A. BRaGG & ALLEN, P.C.
A Tepp
Shareholder
Contractfor the Collection of iLneieipal Covert Fines .f Fees - Page 9 of 5