Res 2013-157(a/)Collection Contract for Court fines & fees

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CONTRACT FOR COURT FINES AND FEES COLLECTION SERVICES STATE OF TEXAS § COUNTY OF HAYS § SECTION I. PARTIES TO THE CONTRACT A. This contract, hereinafter called "Contract ", is made and entered into by and between the City of San Marcos, Texas, acting herein by and through its governing body, hereinafter called "the City" and Perdue, Brandon, Fielder, Collins & Mott, L.L.P., hereinafter called "Perdue ". B. This Contract supersedes all prior oral and written agreements between the parties, 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. C. The City agrees to and does hereby engage Perdue to enforce the collection of delinquent court fines, fees, and court costs pursuant to the terms and conditions described in this Contract. NOW, THEREFORE, in consideration of the covenants, conditions and agreements hereinafter set forth, the adequacy of which is hereby acknowledged, the City and Perdue agree as follows: SECTION II. CITY'S COLLECTION OBLIGATIONS A. The City agrees to refer all delinquent accounts, as defined below, to Perdue for collection on or about the first (1st) or the fifteenth (15t") of each month. The City shall refer all delinquent accounts by electronic or magnetic medium, if available, or in any other way that is most favorable to the City. All delinquent accounts should be in a specified format that will allow Perdue to process the account data. B. An account is considered delinquent when not paid within ninety (90) days of the scheduled appearance date (if the defendant failed to appear), or from any granted extension, or from the date of conviction or judgment, or other court specified due date. C. The City will provide Perdue with copies of, or access to, the information and documentation necessary to collect the fines, fees, and court costs that are subject to this Contract. It is understood and agreed between the City and Perdue that Perdue will bear no responsibility to collect accounts that are not referred to it by the City due to software upgrades or changes. The accounts not turned over for collection will be subtracted from the overall outstanding balance the City maintains for purposes of statistical reporting and contract evaluation.