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Home My WebLink About17-071 - Linebarger Googan Blair & Sampson LLP - Consolidated Payment Program / Tukwila Municipal Court17 -071 Council Approval N/A PROFESSIONAL SERVICES CONTRACT 1 ' _ 1/_ _ \ ' :_ t 1_ 4_ 1/_ •- THIS CONTRACT is made and entered into by and between the Tukwila Municipal Court, acting herein by and through its governing body, hereinafter styled "COURT ", and LINEBARGER GOGGAN BLAIR & SAMPSON, LLP, hereinafter styled FIRM. This contract creates an attorney - client relationship between COURT and FIRM. I. COURT agrees to employ and does hereby employ FIRM to enforce the collection of consolidated payment program receivables pursuant to the terms and conditions described in this contract. This contract supercedes 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. II. COURT agrees to refer all consolidated payment program, hereinafter CPP, accounts to FIRM for Tukwila Municipal Court. • Defendant submits application to participate in the program via FIRM's website or in person at COURT • FIRM will send daily report to the court of all accounts that have signed up for CPP • COURT sends placement file of accounts enrolled by updating the CGR screen • Eligible cases will be recalled from collections upon entry into the CPP • COURT will update their case management system to reflect the defendant's enrollment in the CPP and adjudicate the FTA withDOL • All interest and collection fees will be waived upon entry into the consolidated payment program • No set -up fee will becharged • A $7.00 monthly fee will be added on the first of each month and collected by the FIRM • The monthly fee will be included in the monthly payment amount • The defendant can select the monthly duedate • No credit card fees will be charged • The minimum payment will be based on the individual 's ability to pay, typically $25 • FIRM shall provide payments in an electronic medium via the CodeSmart interface when requested • FIRM may conduct an annual review with individual to see if ability to pay more or less • There are no additional hearings required in order to participate in the program unless the customer wishes to contact the individual court for additional options such as community service, work crew, etc. • A reminder call will be made to defendants with no payments within 24 -30 days from last payment • FIRM will make a late payment call once 31 -60 days past due • FIRM will notify COURT of payment default • COURT may recall accounts from the consolidated payment program once in default • Re- entry /re- enrollment in program is at the COURT's discretion. COURT has sole discretion on whether an account is removed from the program or remains on the program. • Accounts that are in legal status are not eligible for the program COURT shall refer accounts daily via the online portal or Excel spreadsheet in a format to be agreed upon by the parties. COURT will provide .FIRM with copies of, or access to, the information and documentation necessary to effectuate the services that are subject to this contract. FIRM shall use account information provided by COURT for the purposes of account collection only, and shall keep all such information confidential from any third party without express written authority from COURT. FIRM will provide COURT with status reports monthly. FIRM shall not report to the credit reporting agencies. Accounts identified as being in bankruptcy and /or when the account holder is found to be deceased, deemed indigent or otherwise unable to pay shall be returned. Upon return of these accounts , neither party will have any obligation to the other party to this contract with regard to the returned accounts. IV. FIRM shall indemnify and hold COURT 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 FIRM' 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 COURT, its officers, agents, employees or contractors. And furthermore, in the event of joint and /or shared negligence or fault of COURT and FIRM, responsibility and indemnity, if any, shall be apportioned in accordance with Washington law and without waiving any defenses of either party. 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. The Court shall assess an administrative surcharge for the FIRM's collection fee pursuant to RCW §3.02.045 and §1 9.16.500. The administrative surcharge in an amount equal to $7 per month per defendant, shall be assessed to accounts. All payments shall be directed to the FIRM. Payments shall be spread evenly across the defendants' accounts for the Consolidated Payment Program (CPP). FIRM shall remit funds to the COURT weekly. 2 VI. The term of this contract shall commence beginning June 1, 2017 and will continue until terminated. Either party may, without cause, terminate this contract by giving the other party 60- day written notice of termination. VII. For purposes of sending notice under the terms of this contract, all notices from COURT shall be sent to FIRM by certified United States mail, or delivered by hand or by courier, and addressed as follows: Linebarger Goggan Blair & Sampson, LLP Attention: Director of Client Services P.O. Box 17428 Austin, Texas 78760 or Linebarger Goggan Blair & Sampson, LLP Attention: Director of Operations 5801 Soundview Drive, Suite 508 Gig Harbor, WA 98335 and LaTricia Kinlow Court Administrator Tukwila Municipal Court 6200 Southcenter Blvd. Tukwila, WA 98188 -2544 VIII. This contract is made and is to be interpreted under the laws of the State of Washington. In the event that any provision(s) of this contract shall for any reason be held invalid, illegal or unenforceable, the invalidity, illegality 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, illegal or unenforceable provision(s) had never been a part of this contract. IX. The services and terms of this contract are available to other political subdivisions as allowed by applicable law. X. Pursuant to RCW 39.34 this contract shall be open to intergovernmental cooperative purchasing!. XI. In consideration of the terms and compensation herein stated, FIRM hereby accepts said employment and undertakes performance of said contract as set -forth above. 3 This contract is executed on behalf of COURT 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. This contract may be executed in any number of counterparts, and each counterpart shall be du med an original for all purposes. Signed facsimiles shall be binding and enforceable. WITNESS the signatures of all parties hereto this, the a day a-Pri r✓ , 2017. City of Tukwila Tukwila Municipal Court La' ri is inlow, Court Administrator LINEBARGER GOGGAN BLAIR & SAMP ON. LLP John Clinnin, Attorney