2011-228ORDINANCE NO. 2� 11-22g
AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING AN
"AGREEMENT FOR COLLECTION SERVICES [PART D: MiJNICIPAL COURT F1NES]"
BY AND BETWEEN THE CITY OF DENTON, TEXAS AND LINEBARGER, GOGGAN,
BLAIR, AND SAMPSON, LLP, A CORPORATION; PROVIDING FOR THE
EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP
4633—AGREEMENT FOR COLLECTION SERVICES AWARDED TO LINEBARGER,
GOGGAN, BLAIR, AND SAMPSON, LLP A CORPOR.ATION IN AN AMOUNT WHICH IS
CONTINGENT UPON ITS MONETARY RECOVERIES FROM PERSONS, 1N
ACCORDANCE WITH THE PERCENTAGES EXPRESSED 1N ITS PRICE PROPOSAL
WHICH IS ON FILE WITH THE CITY OF DENTON PURCHASING DEPARTMENT).
WHEREAS, Article 103.0031 of the Code of Criminal Procedure provides that the
governing body of a municipality may enter into a contract with an attorney or private vendor for
collection services and may also authorize the addition of collection fees in the amount of 30%
on each debt or account receivable such as fines, fees, restitution and other debts and costs, not
including forfeited bonds, that are more than 60 days past due and that have been referred to the
private vendor or attorney; and
WHEREAS, by Ordinance No. 2001-295, approved by the City Council on August 21,
2001, the City Council authorized the additiona130% collection fee allowed by Article 103.0031
of the Code of Criminal Procedure on each debt or account receivable such as fines, fees,
restitution, and other debts or costs, not including forfeited bonds, that are more than sixty days
past due and that have been referred to a private vendor or attorney; and
WHEREAS, the City Manager's staff has determined from an evaluation of responses to
the City's Request for Proposal (RFP) for Municipal Court Collection Services that Linebarger,
Goggan, Blair & Sampson, LLP, is the best qualified firm; and
WHEREAS, the City Council hereby finds and concludes that Linebarger, Goggan, Blair
& Sampson, LLP, is appropriately qualified under the provisions of the law to be retained as a
municipal court collection agency for the City; and
WHEREAS, the Code of Criminal Procedure provides for payment of the 30% additional
collection fee for the foregoing services and the City Council deems it in the public interest to
enter into a Contract For The Collection of Municipal Court Fines with Linebaxger, Goggan,
Blair & Sampson, LLP, for municipal court collection services; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations in the preamble are true and correct, and are incorporated
herewith as part of this Ordinance.
SECTION 2. The City Manager is hereby authorized to execute a Contract For The
Collection Of Municipal Court Fines with Linebarger, Goggan, Blair & Sampson, LLP„ relating
to municipal court collection services as set forth above and authorized by Article 103.0031 of
the Code of Criminal Procedure, in substantially the form of the Contract attached hereto and
incorporated herein by reference.
SECTION 3. The award of this Agreement is on the basis of the demonstrated
competence and qualifications of Linebarger, Goggan, Blair & Sampson, LLP, and the ability of
Linebarger, Goggan, Blair & Sampson, LLP, to perform the services needed by the City for a fair
and reasonable price in accordance with the fees authorized by the Code of Criminal Procedure.
SECTION 4 This Ordinance sha11 become effective imrnediately upon its passage and
approval.
/� ��G
PASSED AND APPROVED this the
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: ,�' �
` - — -
,r
Page 2 of 2
day of � � �`C/ , 2011,
CONTRACT FOR THE COLLECTION OF
MUNICIPAL COURT FINES
THE STATE OF TEXAS §
§
COUNTY OF DENTON §
THIS CONTRACT is made and entered into by and between the City of Denton, 215 E.
McKinney, Denton, Texas 76201 ("CITY"), acting herein by and through its governing body, and
Linebarger, Goggan, Blair & Sampson, LLP ("FIItM"), a Limited Liability Partnership authorized to do
business in Texas.
1. EMPLOYN�NT OF FIItM
A. CITY agrees to employ and does hereby employ FIRM, to provide specific collection
services provided herein and enforce the collection of delinquent court fees and fines that are subj ect to
this Contract, pursuant to the terms and conditions described herein. This Contract hereby creates a
relationship with FIRM as an independent contractor, and FIRM hereby agrees to seek collection of a11
delinquent warrants on cases filed in the CITY's Municipal Court, as well as any other debts, accounts
receivable and other debts owing to the City (delinquent Municipal Court records) wluch may be
collected under Section 103.0031 of the Texas Code of Criminal Procedure as requested by the City.
B. FIRM sha11 provide collection services for any Municipal Court collection services
authorized by the Section 103.0031 of the Texas Code of Criminal Procedure as may be requested by
the City Manager or his designee. Such services shall include but not be limited to recommendations
and advice to CITY.
C. FIlZM sha11 perform a11 these services set forth in the Ciiy of Denton RFP No. 4633 Request
for Sealed Proposals for Collection Services and FIRM's proposal in response to RFP No. 4633 dated
Apri126, 2011, which are on file in the office of the City of Denton Purchasing Agent and made a part
of this Contract for all purposes provided; however, in the event of any conflict between the terms of
this Contract and Exhibits A and B, the terms of this Contract shall prevail.
D. FIRM hereby agrees to perform the services herein with diligence and in accordance with
the highest professional standards customarily obtauled for such services in the State of Texas.
2. PROVISION OF INFORMATION
CITY agrees to furnish all necessary warrants and other Municipal Court collection information
to FIRM as indicated in the Exhibit A.
Fines and fees that are subject to this Contract are those that are more than sixty (60) days
1 — RFP #4633-CONTRACT
past due as of the effective date hereof and those that become more than sixty (60) days past due
during the term hereof. As used in this section, "more than 60 days past due" has that meaning
assigned by Subsection (� of Art. 103.0031, Texas Code of Criminal Procedure [as amended by
Senate Bill 782, 78th Legislature (2003), effective June 18, 2003]. The meaning assigned to the
phrase "more than 60 days past due" shall, for the term and purposes of this Contract, survive any
future amendments to, or repeal of, Article 103.0031, Texas Code of Criminal Procedure, or any
parts thereof.
The CITY agrees to provide to the FIRM data regarding any fines and fees that are subj ect to
this Contract. The data shall be provided by electronic medium in a file format specified by the
FIRM. The CITY and the FIRM may from time-to-time agree in writing to modify this format. The
CITY shall provide the data to the FIRM not less frequently than monthly.
3. 1NVESTIGATION AND ASSISTANCE
FIRM agrees to conduct investigations as to the address of a11 delinquent cases provided by
CITY. FIRM shall bring to the attention of the appropriate off'icial of CITY any errors, discrepancies,
or inaccuracies in the information provided on the delinquent Mu.nicipal Court fine records detected by
FIRM. FIRM further agrees to provide CITY with any advice or assistance in connection with updating
the Municipal Court records. CITY sha11 make available to FIRM information which CITY may have
with regard to the name, identity, and location of necessary parties in connection with each delinquent
account upon request by FIKM.
4. PROCEDURES FOR COLLECTION
Upon initial receipt of the delinquent Municipal Court records by FIRM in cornputer readable
form, FIIZM agrees to initiate procedures for the collection of the full amount due from each delinquent
person. Within a reasonable time frame but not more than sixty (60) days from FIRM's receipt of the
delinquent Municipal Court records, FIRM hereby agrees to send, by first class mail, a notice of
delinquency to each and every delinquent person, requesting said person to remit the full amount due
and owing to CITY.
5. REVIEW AND AUTHORIZATION
Following transmittal of the notice of delinquency as specified hereinabove, FIRM will
commence procedures in anticipation of substantial collection action for aggressive pursuit of
collection.
6. COLLECTION SERVICES
FIRM agrees (i) to provide CITY collections advice and written opinions regarding collection
matters upon request (ii) to accept only payrnents in full from the defendant. In the event the FIRM
receives anything other than payment in full from the defendantldebtor, the FIRM shall irnrnediatelv
notify the CITY's Municipal Court for direction. In all demand letters and a11 communications with
2 — RFP #4633-CONTRACT
delinquent persons, FIIZM shall inform and instruct the person to remit the payment to FIRM. If
remittance is received by CITY, it will be transmitted in its entirety to FIRM and received for
processing within three business days. Checks made payable to CITY shall be endorsed by CITY to
FIRM.
Following the Contract award, ADDITIONAL services of the same general category that
could have been encompassed in the award of this contract, and that are not already on the contract,
may be added. A formal written request may be sent to successful Firm to provide a proposal on the
additional services and shall submit proposals to the City of Denton as instructed. All prices are
subject to negotiation with a Best and Final Offer ("BAFO"). The City of Denton may accept or
reject any or a11 pricing proposals, and may issue a separate RFP for the additional services after
rej ecting some or all of the proposals. The services covered under this provision sha11 confortn to the
statement of work, specifications, and requirements as outlined in the request. Contract changes sha11
be made in accordance with Local Government Code 252.048.
7. MANAGEMENT REPORTS
FIRM agrees to ma.ke delinquent collection management reports to CITY monthly and
quarterly, in a format containing information as requested by CITY's Executive Director of Finance and
Municipal Court Adzninistrator. Management reports may include, without limitation:
1. Number of phone or other delinquent person contacts within first 180-day
period;
2. First demand letters mailed;
3. Number and value of bankruptcies filed;
4. Copies of proof of claims filed in bankruptcy court;
5. Number and value of delinquent accounts not collected as a percenta.ge of total
delinquent accounts provided by CITY for collection.
6. Any other information which is indicated under "Exhibit A or B" or as may be
required under the Contract.
Within parameters established at the initiation of the collection program, FIRM sha11 advise CITY of
any case in which FIRM's investigation has revealed that the delinquent person cannot be found, the
enforcement of a judgment cannot be accomplished, or further attempts at collection would be futile
and FIRM's recomrnendation relative to the proper disposition of the case. In such cases, the CITY
sha11 advise FIRM as to the appropriate disposition of the account.
8. COMPENSATION
A. As compensation for the services rendered hereunder by FIRM, CITY hereby agrees that
FIlZM may collect a collection fee of thirty percent (3 0%) of the total amount of a11 delinquent amounts,
as authorized by Section 103.0031(b) of the Code of Criininal Procedure. All delinquent collections
received on behalf of the CITY sha11 becorne the property of CITY at the time payment of the
delinquent fines or other amounts received by FIRM. All compensation sha11 become the property of
3 — RFP #4633-CONTRACT
the FIRM at the time payment of the delinquent fines or other amounts are received by the FIRM. Said
collection fee shall be withheld by FIIZM when payment is made to CITY of delinquent fines or other
amounts owed. FIRM sha11 not be entitled to the aforesaid thirty percent (30 %) unless and until FIRM
has taken some action in connection with recovering delinquent amounts. The transmittal of a notice of
delinquency shall constitute sufficient action in order to entitle FIRM to the fee aforesaid. In no event
shall FIRM be entitled to any fee unless and until CITY actually receives the delinquent fines, other
amounts or court costs from FIRM. In no event sha11 FIRM be entitled to any fee unless said fee is
collected by FIRM during the term of this Contract or fee is collected by CITY on account(s) upon
which FIRM is actively pursuing at the time of judgment. In no event shall FIRM be entitled to any
fee in cases where payment is involuntary as in an arrest or where a cash, surety or personal bond is
posted by the defendant, defendant's surety, bondsman or attorney. The CITY reserves the right to
withdraw a case disposed by acquittal, dismissal, or where fines and costs are discharged through credit
for time served in jail, the performance of community service or the case is administratively closed.
FIRM shall pay said fines, other amounts or court costs to CITY by daily ACH method and automated
daily upload to the Court's software system.
B. The compensation set forth in this Section of this Contract sha11 be the total compensation
due to FIRM from CITY for a11 services provided pursuant to this Contract and in no event shall FIRM
seek any additional compensation from CITY. CITY shall not be responsible to pay for any services
which are unsatisfactory or that the CITY has not approved.
C. The FIRM shall bear all costs associated with its collection efforts, including, but not
limited to, personnel salaries, document reproduction and mailing costs, mileage charges, costs of
postal or other delivery service, software compatibility with City's system including automated
payment processing, and charges for telephone and internet service. Any additional costs incurred
pursuant to Section 6. Collection Services, above, shall be handled in accordance with that section.
9. CONFLICTS OF INTEREST
FIRM agrees not to represent any client who has an adversary position with the CITY, engage
in any conflict of interest and to fully comply with any applicable codes of professional conduct or
ethics laws for the duration of this Contract.
CITY acknowledges and consents to the representa.tion by the FIRM of other governmental
entities that may be seeking the payxnent of fines and fees or other claims from the same person(s) as
the CITY.
10. TERM
The term of this Contract sha11 be for two years beginning on November 16, 2011 and ending
on November 15, 2013_ unless sooner terminated in accordance with Section 26 of this Contract.
FIRM may renew this Contract for three (3) additional one-year period upon giving CITY a notice in
writing of its intent to renew not later than sixty (60) days before the expiration of the initial term.
FIRM shall have an additional six months to assist the CITY in reducing to judgment any cases filed
prior to the termination date, and shall have a right to compensation of fees earned on any of these
4 — RFP #4633-CONTRACT
matters FIRM has exclusively handled during this six month period. CITY sha11 have the right to
sooner terminate tlus Contract pursuant to the terms of Section 26 Termination of Agreement" of this
Contract.
11. SETTLEMENTS
No settlements or compromises of fines or other collectable amounts shall be effected where
prohibited by law and where authorized by law, only upon approval by CITY.
12. NOTICE
Any notice or other written instruxnent required or permitted to be delivered pursuant to the
terms of this Contract shall be deemed to have been delivered, whether actually received or not, when
deposited in the United States mail, postage prepaid, registered or certified, return receipt requested,
addressed to CITY or FIRM, as the case may be, at the following addresses:
CITY
City of Denton, Texas
ATTN: Purchasing Agent
Purchasing Department
901-B Texas Street
Denton, TX 76209
I'
Linebarger, Goggan, Blair, & Sampson, LLP
Attention: Director of Client Services
P.O. Box 17428
Austin, TX 78760-7428
Either party may change its mailing address by sending notice of change of address to the other
at the above address by certified mail, return receipt requested.
13. VENUE
The terms, obligations and requirements of this Contract sha11 be construed in accordance with
the laws of the Sta.te of Texas. The obligations and requirements of the parties hereto are performable
in Denton County, Texas. Any litigation involving this Contract sha11 be tried in a court of competent
jurisdiction sitting in Denton County, Texas.
14. ACCEPTANCE OF EMPLOYMENT
In consideration of the terms, covenants and mutual agreements hereinabove sta.ted, FIRM
hereby accepts the employment of CITY and undertakes the performance of this Contract as above
stated.
15. DIRECTIVES
All directives between FIRM and CITY shall be confirmed in writing.
16. COVENANT NOT TO SUE
5 — RFP #4633-CONTRACT
FIRM further agrees not to bring any cause of action against CITY relative to this Contract.
Should FIRM bring any cause of action against CITY, FIlZM agrees the liquidated damages shall not
exceed $1.00 and the filing of such cause of action shall be considered a material breach of this
Contract.
17. AMBIGUITY
Any ambiguity witivn this Contract shall be liberally interpreted in favor of CITY.
18. INDENINITY AGREEMENT
The FIRM shall indemnify and save and hold harmless, and defend, at its own expense,
the CITY and its officers, agents, servants, and employees from and against any and all liability,
suits, claims, demands, damages, losses, and ezpenses, including, but not limited to court costs
and reasonable attorney fees incurred by the CITY, and including, without limitation, damages
for bodily and personal injury, death and property damage, of whatever kind or character,
whether real or asserted, resulting from the negligent acts or omissions of the FIRM or its
officers, shareholders, agents, or employees in the execution, operation, or performance of this
Contract.
Nothing in this Contract shall be construed to create a liability to any person who is not a
party to this Contract, and nothing herein shall waive any of the parties' defenses, both at law or
equity, to any claim, cause of action, or litigation filed by anyone not a party to this Contract,
including the defense of governmental immunity, which defenses are hereby ezpressly reserved.
19. INSURANCE
During the performance of the services under this Contract, FIRM sha11 maintain the following
insurance with an insurance cornpany licensed to do business in the State of Texas by the State
Insurance Commission or any successor agency that has a rating with Best Rated Carriers of at least an
A- or above:
The FIRM shall furnish insurance certificates or insurance policies at the CITY's request to
evidence such coverages. The insurance policies shall name the CITY as an additional insured on all
such policies, and shall contaul a provision that such insurance sha11 not be canceled or modified
without 30 da.ys prior written notice to CITY and FIRM. In such event, the FIRM sha11, prior to the
effective da.te of the change or cancellation, serve substitute policies furnishing the same coverage.
20. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION
The parties may agree to settle any disputes under this Contract by submitting the dispute to
arbitration or other means of alternate dispute resolution, such as mediation. No arbi�ration or alternate
dispute resolution arising out of or relating to this Contract, involving one party's disagreement, may
include the other party to the disagreement without the other's approval. Such arbitration sha11 comply
6 — RFP #4633-CONTRACT
with and be governed by the provisions of the Texas General Arbitration Act.
21. ENTIRE AGREEMENT
This Contract, consisting of 11 pages, Exhibit A and B, and the previously submitted letter
agreement, E�ibit C, which are on file in the ofFice of the City's Purchasing Agent, constitutes the
complete and final expression of the agreement of the parties, and is intended as a complete and
exclusive sta.tement of the terms of their agreements, and supersedes all prior contemporaneous offers,
promises, representa.tions, negotiations, discussions, communications, and agreements which may have
been made in connection with the subject matter hereof. The parties understand and agree that any
previous agreements or con�racts between the parties are null and void and this Contract is the sole and
exclusive contract or agreement between the parties.
22. COMPLIANCE WITH LAWS
The FIRM sha11 comply with a11 federal, state, and locallaws, rules, regulations, and ordinances
applicable to the work covered hereunder as they may now read or hereinafter be amended.
23. DISCRINIINATION PROHIBITED
In performing the services required hereunder, the FIRM shall not discrinunate against any
person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap.
24. PERSONNEL AND EQUIPMENT
A. The FIRM represents that it has or will secure, at its own expense, a11 personnel required to
perform a11 the services required under this Contract. Such personnel sha11 not be employees or officers
of, or have any contractual relations with the CITY. FIRM sha11 infortn the CITY of any conflict of
interest or potential conflict of interest that may arise during the term of this Contract.
B. All services required hereunder will be performed by the FIRM or under its supervision.
All personnel engaged in work sha11 be qualified, and shall be authorized and pernutted under state and
locallaws to perform such services.
C. The FIRM may from time-to-time obtain co-counsel or subcontract some of the services
provided for herein to other law firtns or entities. In such cases, the FIRM will retain supervisory
control and responsibility for any services provided by such co-counsel or subcontractors and shall
be responsible to pay any compensation due to any such co-counsel or subcontractor.
D. The FIRM represents that it has or will secure, at its own expense, the hardware, software,
and other resources required to perform, in a timely manner, all the services required under the terms of
this Contract.
E. The CITY recognizes and acknowledges that the FIRM owns a11 right, title and interest in
certain proprietary software that the FIRM may utilize in conjunction with performing the services
7 — RFP #4633-CONTRACT
provided in this Contract. The CITY agrees and hereby grants to the FIRM the right to use and
incorporate any information provided by the CITY ("CITY Information") to update the databases in
this proprietary software, and, notwithstanding that CITY 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 soflware 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.
F. The FIRM agrees that it will not share or disclose any specific confidential CITY
Information with any other company, individual, organization or agency, without the prior written
consent of the CITY, except as rnay be required by law or where such information is otherwise
publicly available. It is agreed that the FIRM shall have the right to use CITY Information for
internal analysis, improving the proprietary software and database, and generating aggregate data and
statistics that may inherently contain CITY Information. These aggregate statistics are owned solely
by the FIRM and will generally be used internally, but may be shared with the FIRM's affiliates,
pa.rtners or other third parties for purposes of improving the FIRM's software and services.
25. ASSIGNABILITY
The rights and responsibilities of CITY under this Contract may not be assigned or transferred
(whether by assignment, novation, or otherwise) by the City Council to another governmental unit in
Denton County without approval of FIRM. It is understood and agreed that this is a specialized
collection services contract and CITY is contracting for the unique services of FIRM. FIRM's rights
and responsibilities under this Contract may not be assigned or transferred (whether by assignment,
novation, or otherwise) by FIRM to another firm or collection agency without written approval of the
assignment by the City Council.
26. TERMINATION OF AGREEMENT
A. Notwithstanding any other provision of this Contract, either party may terminate by giving
thirty (30) days advance written notice to the other party. The City further shall have as a matter of
right, the option to cancel this Contract upon giving the FIRM thirty (30) days advance written notice.
B. This Contract may be terminated or cancelled in whole or in part in the event of either party
substantially failing to fulfill its obligations under this Contract. No such termination or cancellation
will be affected unless the other party is given (1) written notice (delivered by certified mail, return
receipt requested) of intent to ternvnate and setting forth the reasons specifying the nonperformance,
and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the
terrrunating party prior to termination.
C. If the agreement is ternunated prior to the Term provisions in Section 10, herein, FIRM
shall be entitled to continue to collect any items and to pursue collection of any claims that were
referred to and placed with the FIRM by the CITY prior to the termination date for an additional ninety
(90) days following termination. Should the CITY subsequently contract with a new consultant for the
continuation of services, FIRM sha11 cooperate in providing information. The FIRM sha11 turn over a11
8 — RFP #4633-CONTRACT
documents prepared or furnished by FIlZM pursuant to this Contract to the CITY on or before ninety
(90) days after ternunation, but may rnaintain copies of such documents for its use. Documents to be
provided to the CITY sha11 not include those documents and information referred to in Section 24(E)-
(F).
27. EXCLUSIVE CONTRACT AND MODIFICATION
This Contract and the Exhibits constitute the sole, exclusive and entire contract between the
parties and replaces any previous contracts between the parties which are null and void. No waiver or
modification of this Contract or of any covenant, condition, or limitation herein contained sha11 be valid
unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver
or modification shall be offered or received in evidence in any proceeding arising between the parties
hereto out of or affecting this Contract, or the rights or obligations of the parties hereunder, and unless
such waiver or modification is in writing and duly executed; and the parties further agree that the
provisions of this section will not be waived unless as herein set forth.
This Contract may only be modified with express written consent of both CITY and FIRM.
28. INDEPENDENT CONTRACTOR
FIRM sha11 provide collection services provided herein to CITY as an independent contractor,
not as an employee of the CITY. FIRM sha11 not have or claim any right arising from employee sta.tus.
29. NIISCELLANEOUS
A. The following e�ibits, which are on file in the office of the City's Purchasing Agent, are made
a part of this Contract: E�ibit "A" — RFP #4633 — Utilities, Ambulance, Code Enforcement
Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services; Exhibit "B"
— FIRM's proposal in response to RFP #4633; and E�ibit "C" — previously submitted letter
agreement wherein FIRM agrees to reimburse CITY for collection module costs for CITY's
software system.
B. FIRM agrees that CITY shall, until the expiration of three (3) years after the final payment
under this Contract, have access to and the right to examine any directly pertinent books,
documents, papers, and records of the FIRM involving transactions relating to this Contract.
FIRM agrees that CITY sha11 have access during normal working hours to a11 necessary FIRM
facilities and sha11 be provided adequate and appropriate working space in order to conduct
audits in compliance with this section. CITY shall give FIltM reasonable advance notice of
intended audits.
C. For the purpose of this Contract, the key persons who will perform most of this work hereunder
shall be Glenn Lewis, Corey Fickes, and Judy Leonard. However, nothing herein shall limit
FIRM from using other qualified and competent rnembers of its firm to perform the services
required herein.
D. FIRM shall commence, carry on, and complete any and a11 projects with all applicable dispatch,
9 — RFP #4633-CONTRACT
in a sound, economical, e�cient manner and in accordance with the provisions hereof. In
accomplislung the projects, FIRM shall take such steps as are appropriate to ensure that the
work involved is properly coordinated with related work being carried on by the CITY.
E. The CITY shall assist the FIRM by placing at the FIRM's disposal a11 ava.ilable information
pertinent to the collection services provided herein, including previous reports, any other data
relative to the Project, and arranging for the access thereto, and make all provisions for the
FIRM to enter in or upon public and private property as required for the FIRM to perform
services under this Contract.
30. TIME OF THE ESSENCE
Time is of the essence with respect to all matters covered by this Contract.
31. CAPTIONS
'The captions appearing at the first of each numbered section are inserted and included solely for
convenience and sha11 never be considered or given any efFect in construing this Contract.
This Contract is executed on behalf of CITY by the presiding officer of its governing body who
is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes and
by a partner of FIRM who, by execution of this Contract, represents and warrants that he or she has the
authority to execute this document on behalf of FIRM.
WITN�SS the signature of a11 parties hereto in triplicate originals this the � day of
� � i 2011, Denton County, Texas.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
CITY OF DENTON, TEXAS
,
�
GEORGE C. CAM ELL
CITY MANAGER
�-�'i�l � �f �i �- l l �5 � 61
��
10 — RFP #4633-CONTRACT
ANITA BURGESS, CITY ATTORNEY
J-�_ ....,_ ___ _ -�
BY: ,� , J '
LINEBARGER, GOGGAN, BLAIlt, &
SAMPSON, LLP
BY:
GLENN LEWIS
CAPITAL PARTNER
11 - RFP #4633-CONTRACT
CITY OF DENTON
INSURANCE REQUIREMENTS FOR CONTRACTORS
Bidder's attention is directed to the insurance requirements below. It is highly recommended that
bidders confer with their respective insurance ca�riers or brokers to determine in advance of Bid
submission the availability of insurance certifacates and endorsements as prescribed and provided
herein. If an appa�ent low bidder fails to comply strictly with the insurance requirements, that
bidder may be disqualifted fi�om award of the contract. Upon bid award, all insurance �equirements
shall become contractual obligations, which the successful bidder shall have a duty to maintain
th�oughout the course of this contr�act.
STANDARD PROVISIONS:
Without limiting any of the other obligations or liabilities of the Cont�actor, the Contr^actor shall
provide and maintain until the contracted work has been completed and accepted by the City of
Denton, Owner, the minimum insurance coverage as indicated hereinafter.
As soon as practzcable after notification of bid award, Contractor shall file with the Purchasing
Department satisfactory certificates of insu�ance, containing the bid number and title of theproject.
Contractor may, upon w�itten t�equest to the Purchasing Depat�trraent, ask for clarification of any
insurance requi�ements at any time; however, Contractors are strongly advised to make such
requests p�ior to bid opening, since the insurance requirements may not be modified o� waived after
bid opening unless a written exception has been submitted with the bid. Contractor shall not
commence any work or deliver any material until he or she receives notification that the contract
has been accepted, approved, and signed by the City of Denton.
All insurance policies proposed or obtained in satisfaction of these requirements shall comply with
the following general specifications, and shall be maintained in compliance with these general
specifications throughout the duration of the Contract, or longer, if so noted:
• Each policy shall be issued by a company authorized to do business in the State of Texas
with an A.M. Best Company rating of at least A.
Any deductibles or self-insured retentions shall be declared in the bid proposal. If
requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured
retentions with respect to the City, its officials, agents, employees and volunteers; or, the
contractor shall procure a bond guaranteeing payment of losses and related investigations,
claim administration and defense expenses.
• Liability policies shall be endorsed to provide the following:
• Name as additional insured the City of Denton, its Officials, Agents,
Employees and volunteers.
12 — RFP #4633-INSURANCE REQ.
• That such insurance is primary to any other insurance available to the additional
insured with respect to claims covered under the policy and that this insurance
applies separately to each insured against whom claim is made or suit is brought.
The inclusion of more than one insured sha11 not operate to increase the insurer's
limit of liability.
• Cancellation: City requires 30 day writien notice should any of the policies
described on the cert�cate be cancelled or materially changed before the
expiration date.
• Should any of the required insurance be provided under a claims-made form,
Contractor shall maintain such coverage continuously throughout the term of this
contract and, without lapse, for a period of three years beyond the contract
expiration, such that occurrences arising during the contract term which give rise
to claims made after expiration of the contract sha11 be covered.
Should any of the required insurance be provided under a form of coverage that
includes a general annual aggregate limit providing for claims investigation or
legal defense costs to be included in the general annual aggregate limit, the
Contractor shall either double the occurrence limits or obtain Owners and
Contractors Protective Liability Insurance.
• Should any required insurance lapse during the contract term, requests for
payments originating after such lapse shall not be processed until the City receives
satisfactory evidence of reinstated coverage as required by this contract, effective
as of the lapse date. If insurance is not reinstated, City may, at its sole option,
terminate this agreement effective on the date of the lapse.
13 — RFP #4633-INSURANCE REQ.
SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS:
All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with
the following marked specifications, and shall be naaintained in compliance with these additional
specifications throughout the duration of the Contr•act, or longer, if so noted:
[X] A. General Liability Insurance:
General Liability insurance with combined single limits of not less than $1,000,000.00 shall be
provided and maintained by the Contractor. The policy sha11 be written on an occurrence basis
either in a single policy or in a combination of underlying and umbrella or excess policies.
If the Commercial General Liability fortn (ISO Form CG 0001 current edition) is used:
• Coverage A shall include premises, operations, products, and completed operations,
independent contractors, contractual liability covering this contract and broad form
property damage coverage.
Coverage B shall include personal injury.
• Coverage C, medical payments, is not required.
If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO
Form GL 0404) is used, it shall include at least:
• Bodily injury and Property Damage Liability for premises, operations, products
and completed operations, independent contractors and property damage resulting
from explosion, collapse or underground (XCU) exposures.
Broad form contractualliability (preferably by endorsement) covering this
contract, personal injury liability and broad form property damage liability.
[ ] Automobile Liability Insurance:
Contractor sha11 provide Commercial Automobile Liability insurance with Combined Single Limits
(CSL) of not less than $300,000.00 either in a single policy or in a combination of basic and
umbrella or excess policies. The policy will include bodily injury and property damage liability
arising out of the operation, maintenance and use of all automobiles and mobile equipment used in
conjunction with this contract.
14 — RFP #4633
Satisfaction of the above requirement sha11 be in the form of a policy endorsement for:
• any auto, or
a11 owned, hired and non-owned autos.
[ ] Workers Compensation Insurance
Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to
meeting the minimum statutory requirernents for issuance of such insurance, has Employer's Liability
limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy
limit for occupational disease. The City need not be named as an"Additional Insured" but the
insurer sha11 agree to waive a11 rights of subrogation against the City, its officials, agents, employees
and volunteers for any work performed for the City by the Named Insured. For building or
construction proj ects, the Contractor sha11 comply with the provisions of Atta.clunent 1 in accordance
with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's
Compensation Commission (TWCC).
[] Owner's and Contractor's Protective Liability Insurance
The Contractor shall obtain, pay for and rnaintain at a11 times during the prosecution of the work
under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the
City as insured for property damage and bodily injury which may arise in the prosecution of the work
or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the
policy sha11 be issued by the same insurance company that carries the Contractor's liability insurance.
Policy limits will be at least combined bodily injury and property damage per occurrence with a_
aggregate.
[] Fire Damage Legal Liability Insurance
Coverage is requixed if Broad form General Liability is not provided or is unavailable to the
contractor or if a contractor leases or rents a portion of a City building. Limits of not less than _
each occurrence are required.
[ ] Professional Liability Insurance
Professional liability insurance with limits not less than $1,000,000 annual aggregate with respect to
negligent acts, errors or omissions in connection with professional services is required under this
Agreement.
15 — RFP #4633
[ ] Builders' Risk Insurance
Builders' Risk Insurance, on an All-Risk form for 100% of the completed value sha11 be provided.
Such policy shall include as"Named Insured" the City of Denton and all subcontractors as their
interests may appear.
[ ] Commercial Crime
Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the
premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this
coverage should be written on a"blanket" basis to cover all employees, including new hires. This
type insurance should be required if the contractor has access to City funds. Limits of not less than
each occurrence are required.
[ ] Additional Insurance
Other insurance may be required on an individual basis for extra hazardous contracts and specific
service agreements. If such additional insurance is required for a specific contract, that requirement
will be described in the "Specific Conditions" of the contract specifications.
16 — RFP #4633
�� OP ID: CW
ACOR�a DATE (MMlDDlYWI�
�� CERTIFICATE OF LIABILITY INSURANCE 11/07/11
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to
the terms and conditions of the policy, certain pol(cies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder In lieu of such endorsement(s).
PRODUCER
PIA-PathfindeNLL&D Ins Grp
1760 Dairy Ashford, Suite 22D
Houston,TX 77079
INSURED Linebarger Goggan Blair &
Sampson, LLP
PO Box 17428
Austin, TX 78760
281
281
287 �56-9999
INSURER(S) AFFORDING COVERAGE
Continental Casualtv Co
281-556-9609
NAIC #
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT 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. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR 7ypE OF INSURANCE pOLICY NUMBER MM/DD� M�DD� LIMITS
LTR "
GENERAL LIABILITY EACH OCCURRENCE $
COMMERCIAL GENERAL LIABILITY PREMISES Ea occuRence $
CLAIMS-MADE � OCCUR MED EXP (Any one pereon) $
PERSONAL 8 ADV INJURY $
GENERALAGGREGATE $
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMPlOP AGG $
POLICY PR� LOC $
AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $
(Ee accident)
ANY AUTO BODILY INJURY (Per pereon) $
ALL OWNED AUTOS BODILY INJURY (Per acciden[) $
SCHEDULEDAUTOS
PROPERTY DAMAGE $
HIRED AUTOS (Per ecc(dent)
NON-OWNED AUTOS $
$
UMBRELLA LIAB OCCUR EACH OCCURRENCE $
EXCE53 LU1B CLAIMS-MADE AGGREGATE $
DEDUCTIBLE $
RETENTION $ $
WORKERS COMPENSATION WC STATU- OER
ANG EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE Ya N � A E.L. EACH ACCIDENT $
OFFICERIMEMBER EXCLUDED9
(Mandatory In NH) E.L. DISEASE - EA EMPLOYE S
If yes, describe under
DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT S
A Professional Liab 425137620 05/01/11 05/01112 Per Claim 3,000,00
Aggregate s,000,00
DESCRIPTION OF OPERATIONS / LOCATIONS f VEHICLES (AWch ACORD 101, Addikional Remarks Schedule, If more space la required)
RE: Municipal Court Collection Services
Subject to policy terms, conditions, exclusions.
CERTIFICATE HOLDER
City of Denton
Attn: Purchasing Agent
Purchasing Department
901-B Texas Street
Denton, TX 76209
ACORD 25 (2009/09)
COUNTYD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATNE
�o�WK
O 1988-2009 ACORD CORPORATION. All rights reserved.
The ACORD name and logo are registered marks of ACORD