ORDER NO. 30922
COLLECTION OF DELINQUENT COURT FINES AND FEES
Came to be heard this the 28th day of July, 2008, with a motion made by
Commissioner Oehler, seconded by Commissioner Baldwin. The Court
unanimously approved by vote of 4-0-0 to:
Approve of the Contract with Perdue, Brandon, Fielder, Collins & Mott, LLP for
collection of delinquent court fines and fees.
.~09~z
', ~
COMMISSIONERS' COURT AGENDA REQUEST
PLEASE FURNISH ONE ORIGINAL AND TEN (10) COPIES OF THIS
REQUEST AND DOCUMENTS TO BE REVIEWED BY THE COURT
MADE BY: Bruce Oehler, Pct.4
MEETING DATE: July 28, 2008
OFFICE: County Commissioner
TIME PREFERRED: 10:30 AM
SUBJECT: Consider, discuss and take appropriate action regarding the collection of
delinquent court fines and fees from County Court at Law, County Court and District
Court and other related issues.
EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON)
NAME OF PERSON ADDRESSING THE COURT: Comm. Oehler, Pct. 4
err Sue Glover with Perdue Brandon
Fielder Collins & Mott
ESTIMATED LENGTH OF PRESENTATION:
IF PERSONNEL MATTER -NAME OF EMPLOYEE:
Time for submitting this request for Court to assure that the matter is posted in
accordance with Title 5, Chapter 551 and 552, Government Code, is as follows:
Meeting scheduled for Mondays:
5:00 PM previous Tuesday
THIS REQUEST RECEIVED BY:
THIS RQUEST RECEIVED ON:
@ .M.
All Agenda Requests will be screened by the County Judge's Office to determine if adequate
information has been prepared for the Court's formal consideration and action at time of Court
Meetings. Your cooperation will be appreciated and contribute towards your request being
addressed at the earliest opportunity. See Agenda Request Rules Adopted by Commissioners'
Court.
#30922
CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES
STATE OF TEXAS §
COUNTY OF KERB §
THIS CONTRACT is made and entered into by and between Kerr County, acting herein
by and through its governing body (hereinafter called "County"), and Perdue, Brandon, Fielder,
Collins & Mott L.L.P. (hereinafter called "Perdue").
I.
County agrees to employ and does hereby employ Perdue to enforce the collection of
delinquent court fees and fines pursuant to the terms and conditions described in this contract.
This contract supercedes all prior oral and written ?greements 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.
County agrees to refer all delinquent accounts by electronic or magnetic medium, in the
specified format, to Perdue for collection on or about the first (lst} of each month. An account is
generally considered delinquent when not paid within at least 60 days of the scheduled
appearance date (if the defendant failed to appear), or any granted extension, or from the date of
conviction or judgment, or other court specified due date. The County may include those
accounts that are more than 60 days in the definition of "delinquent" as determined by each
county office who voluntarily participates in the contracted services described herein. Each
participating office with delinquent accounts will provide Perdue with copies of, or access to, the
information and documentation necessary to collect the fees and fines that are subject to this
contract. Participation in the services will be at the discretion of each County office by
submitting those "delinquent accounts" to Perdue for collection. The participating office may
withhold any account.
III.
Perdue is to refer all payments and correspondence directly to the courts that have
assessed or levied the fees and fines being collected pursuant to this contract or the collection
staff as designated by the courts. Perdue reserves the right to return all accounts not collected
within one (1) year of referral by County, as well as any accounts identified as being in
bankruptcy. Upon return of these accounts, neither party will have any obligation to the other
party to this contract.
IV.
County agrees to pay to Perdue (1) twenty percent (20%) of the collected fees and fines
referred to Perdue by County imposed on all unadjudicated offenses committed on or before June
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L,f`. ~ PAGE I
18, 2003; (2) thirty percent (30%) of the collected fees and fines referred to Perdue by County
imposed on all adjudicated offenses committed on or before June 18, 2003; and (3) thirty percent
(30%) of the collected fees and fines referred to Perdue by County imposed on all offenses
occurring after June 18, 2003. The 30% shall be added to the amount owed by a defendant that is
more than 60 days past due pursuant to Article 103.0031, Texas Code of Criminal Procedure.
Pursuant to law, Perdue cannot collect from a defendant the percentage referred to above if the
defendant has been determined by the court of original jurisdiction to be indigent, or has
insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or
costs. Further, Perdue cannot collect from a case dismissed by a court of competent jurisdiction
or on any amount satisfied through time-served credit or community service. If a person pays an
amount less than the aggregate total the allocation to all parties shall be reduced proportionately.
All collection fees collected shall become the property of Perdue at the time of payment. County
shall pay over said funds on a monthly basis by check.
V.
Perdue agrees to use its best efforts to collect the delinquent accounts turned over to it
and to provide legal advice to County on the delinquent accounts as requested by County.
VI.
This contract shall commence on the day of , 2008, and end
when both parties mutually agree; provided, however, that either party to this agreement shall
have the right to terminate this agreement by giving the other party thirty (30) days written. notice
of their desire and intention to terminate this agreement; and further provided that Perdue shall
have an additional six (6) months to complete work on all cases turned over to it prior to the
notice of termination.
VII.
For purposes of sending notice under the terms of this contract, all notices from County
shall be sent to Perdue by certified United States mail, or delivered by hand or by courier, and
addressed as follows:
Perdue, Brandon, Fielder, Collins & Mott L.L.P.
Attn: E. Stephen Lee
3301 Northland Drive, Suite 505
Austin, Texas 78731
VIII.
This contract is made and is to be interpreted under the laws of the State of Texas. Venue
for any disputes involving this contract shall be in tl~,e appropriate courts in Kerr County, Texas.
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
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. ^- PAGE 2
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.
In consideration of the terms and compensation herein stated, Perdue hereby accepts said
employment and undertakes performance of said contract asset-forth above.
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. ~ PAGE 3
X.
Every provision of this Agreement is intended to be severable. If any term or provision
hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason
or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the
validity of the remainder of this Agreement, 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 illegal, invalid, void or unenforceable provision or part thereof.
This contract is executed on behalf of County by the presiding officer of its governing
body who is authorized to execute this instrument by order heretofore passed and recorded in its
minutes.
This contract may be executed in any number of counterparts, and each counterpart shall
be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable.
WITNESS the signature of all parties hereto this 28th day of July
2008.
KERB COUNTY
By' ~.. ~ '~
PERDUE, BRANDON, FIELDER, COLLINS & MOTT L.L.P.
By:
For the Firm
PERDUE, BRANDON, FIELDER, COlLINS & NOTE, L.L.P. ~ PAGE 4
#30922
CONTRACT FOR COURT FEES AND FINES COLLECTION SERVICES
STATE OF TEXAS §
COUNTY OF KERB §
THIS CONTRACT is made and entered into by and between Kerr County, acting herein
by and through its governing body (hereinafter called "County"), and Perdue, Brandon, Fielder,
Collins & Mott L.L.P. (hereinafter called "Perdue").
I.
County agrees to employ and does hereby employ Perdue to enforce the collection of
delinquent court fees and fines 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.
County agrees to refer all delinquent accounts by electronic or magnetic medium, in the
specified format, to Perdue for collection on or about the first (1St) of each month. An account is
generally considered delinquent when not paid within at least 60 days of the scheduled
appearance date (if the defendant failed to appear), or any granted extension, or from the date of
conviction or judgment, or other court specified due date. The County may include those
accounts that are more than 60 days in the definition of "delinquent" as determined by each
county office who voluntarily participates in the contracted services described herein. Each
participating office with delinquent accounts will provide Perdue with copies of, or access to, the
information and documentation necessary to collect the fees and fines that are subject to this
contract. Participation in the services will be at the discretion of each County office by
submitting those "delinquent accounts" to Perdue for collection. The participating office may
withhold any account.
III.
Perdue is to refer all payments and correspondence directly to the courts that have
assessed or levied the fees and fines being collected pursuant to this contract or the collection
staff as designated by the courts. Perdue reserves the right to return all accounts not collected
within one (1) year of referral by County, as well as any accounts identified as being in
bankruptcy. Upon return of these accounts, neither party will have any obligation to the other
party to this contract.
IV.
County agrees to pay to Perdue (1) twenty percent (20%) of the collected fees and fines
referred to Perdue by County imposed on all unadjudicated offenses committed on or before June
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. ~ PAGE 1
18, 2003; (2) thirty percent (30%) of the collected fees and fines referred to Perdue by County
imposed on all adjudicated offenses committed on or before June 18, 2003; and (3) thirty percent
(30%) of the collected fees and fines referred to Perdue by County imposed on all offenses
occurring after June 18, 2003. The 30% shall be added to the amount owed by a defendant that is
more than 60 days past due pursuant to Article 103.0031, Texas Code of Criminal Procedure.
Pursuant to law, Perdue cannot collect from a defendant the percentage referred to above if the
defendant has been determined by the court of original jurisdiction to be indigent, or has
insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or
costs. Further, Perdue cannot collect from a case dismissed by a court of competent jurisdiction
or on any amount satisfied through time-served credit or community service. If a person pays an
amount less than the aggregate total the allocation to all parties shall be reduced proportionately.
All collection fees collected shall become the property of Perdue at the time of payment. County
shall pay over said funds on a monthly basis by check.
V.
Perdue agrees to use its best efforts to collect the delinquent accounts turned over to it
and to provide legal advice to County on the delinquent accounts as requested by County.
VI.
.~.~
This contract shall commence on the ~-~ ~~ day of 1~ ,~' ;. ~' > -~ , 2008, and end
when both parties mutually agree; provided, however, that either P to this agreement shall
have the right to terminate this agreement by giving the other party thirty (30) days written notice
of their desire and intention to terminate this agreement; and further provided that Perdue shall
have an additional six (6) months to complete work on all cases turned over to it prior to the
notice of termination.
VII.
For purposes of sending notice under the terms of this contract, all notices from County
shall be sent to Perdue by certified United States mail, or delivered by hand or by courier, and
addressed as follows:
Perdue, Brandon, Fielder, Collins & Mott L.L.P.
Attn: E. Stephen Lee
3301 Northland Drive, Suite 505
Austin, Texas 78731
VIII.
This contract is made and is to be interpreted under the laws of the State of Texas. Venue
for any disputes involving this contract shall be in the appropriate courts in Kerr County, Texas.
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
PERDUE, BRANDON, FIELDER, COLLINS & MOT7, L.L.P. .,, PAGE 2 ,,,
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.
In consideration of the terms and compensation herein stated, Perdue hereby accepts said
employment and undertakes performance of said contract asset-forth above.
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. ~ PAGE 3
x
Every provision of this Agreement is intended to be severable. If any term or provision
hereof is hereafter deemed by a Court to be illegal, invalid, void or unenforceable, for any reason
or to any extent whatsoever, such illegality, invalidity, or unenforceability shall not affect the
validity of the remainder of this Agreement, 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 illegal, invalid, void or unenforceable provision or part thereof.
This contract is executed on behalf of County by the presiding officer of its governing
body who is authorized to execute this instrument by order heretofore passed and recorded in its
minutes.
This contract may be executed in any number of counterparts, and each counterpart shall
be deemed an original for all purposes. Signed facsimiles shall be binding and enforceable.
WITNESS the signature of all parties hereto this 28th day of July ,
2008.
KERR COUNTY
~_
By' ~ ~
PERDUE, BRANDON, FIELDER, COLLINS & MOTT L.L.P.
,.
l~~
~-
For the irm ~'
PERDUE, BRANDON, FIELDER, COLLINS & MOTT, L.L.P. ~ PAGE 4