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04/20/2015-CC-Agenda Packet-RegularSavvgch *TEXAS AGENDA CITY COUNCIL MONDAY, APRIL 20, 2015 7:00 PM 502 ELM STREET 1. Call Meeting to Order, Invocation, Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). CONSENT AGENDA 3. a) Approval of Minutes: April 6, 2015 - City Council b) Disbursements c) Approve Appointing Don McClure to the 4A Board d) Approve Appointing Eddie Piercy to the Planning and Zoning Commission as an Alternate and to the Board of Adjustment as an Alternate 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA Consider, Discuss and Possibly Approve a Contract Between the City of Sanger and McCreary, Veselka, Bragg and Allen, P.C. to Provide Legal Services for the Collection of Delinquent Municipal Court Fines and Fees. 6. INFORMATION ITEMS: a) All American Dogs Report - March 2015 7. Adjourn. I, the undersigned authority, do hereby certify that this Notice of Meeting was posted on the bulletin board, at the City Hall of the City of Sanger, Texas, a place convenient and readily accessible to the general public at all times, and said notice was posted on the following date and time: at 9," CCU &-m. and shall remain posted ntil meeting is�o�xii�e, Tami Taber, City Secretary .--"--�% City of Sanger, Texas This facility is wheelchair acceskfb]�p,�p ,�a�`�essible parking spaces are available. Requests for accommodations or interpretive services must be made 48 hours prior to this meeting. Please contact the City Secretary's office at (940) 458-7930 for further information. MINUTES: CITY COUNCIL MEETING April 6, 2015 PRESENT: Mayor Thomas Muir, Councilman Billy Ezell, Councilman Russell Martin, Councilman Scott Stephens, Councilman Gary Bilyeu and Councilman Allen Chick ABSENT: Mike Brice City Manager OTHERS PRESENT: Tami Taber City Secretary, David Clark and Jessica Mayo 1. Call Meeting to Order, Invocation, Pledge of Allegiance. Mayor Muir called the meeting to order at 7:00 p.m. Councilman Chick led the Invocation followed by Councilman Martin leading the Pledge of Allegiance. 2. Citizens Input: (Citizens are allowed 3 minutes to speak. The City Council is unable to respond or to discuss any issues brought up during this section). David Clark of 907 Church Street, stated that he had met Councilman Bilyeu recently and informed the City Council that he is running for Council this election. Mr. Clark also thanked the Council for their dedication over the years. CONSENT AGENDA: 3. a) Approval of Minutes: March 23, 2015 - City Council b) Disbursements c) Approve Appointing Kelly Morgan to the Planning and Zoning Commission - Place 5 (Currently an Alternate) d) Approve Appointing Dorcyle McClure to the Planning and Zoning Commission - Place 7 e) Approve Reappointing Mike Brice to the Board of Directors of Upper Trinity for a Four Year Term Councilman Bilyeu made a motion to approve. Seconded by Councilman Ezell. Motion carried unanimously. 4. Consider any Items Removed From Consent Agenda. REGULAR AGENDA 5. Consider, Discuss and Possibly Approve Proclamation #04-01-15 - to Celebrate Arbor Day. Councilman Stephens made a motion to approve. Seconded by Councilman Martin. Motion carried unanimously. 6. Consider, Discuss and Possibly Approve Proclamation #04-02-15 -National Safe Digging Month. Councilman Ezell made a motion to approve. Seconded by Councilman Stephens. Motion carried unanimously. 7. INFORMATION ITEMS: a) Financial and Investment Report - February 8. Adjourn. Mayor Muir adjourned the meeting at 7:12 p.m. 4/08/2015 11:10 A14 A / P CHECK REGISTER PAGE: 1 PACKET: 07338 Regular Payments 4/8/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 07860 ACT PIPE SUPPLY, INC I-036937 SUPPLIES R 4/08/2015 417.49CR 059686 417.49 25070 ALL AMERICAN DOGS INC I-2083 MARCH SHELTER SERVICE R 4/08/2015 3,400.00OR 059687 3,400.00 02460 AT&T MOBILITY I-2/23/15-3/22/15 2/23/15-3/22/15 R 4/08/2015 874.69CR 059688 874.69 00420 BOUND TREE MEDICAL, LLC I-81736875 EMS SUPPLIES R 4/08/2015 172.58CR 059689 172.58 12760 CINTAS, INC. 1-492332482 UNIFORMS R 4/08/2015 90.40CR 059690 1-492335492 UNIFORMS R 4/08/2015 90.40CR 059690 I-492338507 UNIFORMS R 4/08/2015 90.40CR 059690 I-492341547 UNIFORMS R 4/08/2015 90.40CR 059690 361.60 00600 CITY OF SANGER I-4/1/2015 2/17/15-3/17/15 R 4/08/2015 31,954.87CR 059691 31,954.87 00800 COSERV ELECTRIC I-2/14-3/17/15 2/14/15-3/17/15 R 4/08/2015 4,022.70CR 059692 4,022.70 25390 DAVENPORT, CHERYL I-SAN MARCOS 4/12/15 GFOAT Conference Per Diem R 4/08/2015 90.00OR 059693 90.00 08460 DELL COMPUTERS, LLP I-XJNC6WCC9 LICENSE R 4/08/2015 95.28CR 059694 I-XJNC7DF33 MISC R 4/08/2015 1,416.26CR 059694 1,511.54 03800 DEMCO I-5561457 LIBRARY CARDS R 4/08/2015 477.41CR 059695 477.41 00850 DENTON RECORD -CHRONICLE I-0000475797 REZONE AD R 4/08/2015 26.90CR 059696 26.90 26870 EIKON CONSULTANT GROUP I-14275-1 STREET IMPACT FEE R 4/08/2015 2,875.00OR 059697 2,875.00 28150 ENDERBY GAS I-490604 PROPRANE R 4/08/2015 51.25CR 059698 51.25 4/08/2015 11:10 A14 A / P CHECK REGISTER PACKET: 07338 Regular Payments 4/8/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 28070 EPP, CINDY I-2/26-3/19/15 YOGA CLASSES R 4/08/2015 28260 ESPERANZA CASTANEDA I-EC0002 LOGO R 4/08/2015 18790 FUELMAN I-NP44017425 FUELMAN 3/30/15-4/5/15 R 4/08/2015 16900 GST PUBLIC SAFETY SUPPLY I-6415 PERKINS & TULLOS UNIFORM R 4/08/2015 I-6687 PERKINS & TULLOS UNIFORM R 4/08/2015 20220 INGRAM I-84328664 BOOK ORDERS R 4/08/2015 I-84355561 BOOK ORDERS R 4/08/2015 03530 JAMES WOOD AUTOPARK, INC. I-TCCS200898 FRONT WHEEL ALIGNMENT R 4/08/2015 I-VCW335786 FUEL FILTER HOUSING ASSEMBLEY R 4/08/2015 25110 KEYSTONE FLEX ADMINISTRATORS, LLC I-APRIL 2015 APRIL 2015 CARD & AD14IN FEES R 4/08/2015 26900 THE LANE CONSTRUCTION CORPORATION I-1598472 ASPHALT FOR FEBRUARY R 4/08/2015 I-1598778 ASPHALT R 4/08/2015 05600 MOORE MEDICAL CORP. I-98581643 I NEW COT BATTERIES R 4/08/2015 Ciy20 NICHOLS, JACKSON, DILLARD,HAGER & SMITH, LLP I-12072008 LEGAL SERVICES 3/16/15 R 4/08/2015 02970 OFFICE DEPOT C-762923479001 OFFICE FURNITURE R 4/08/2015 I-755543358001 INK R 4/08/2015 1-762458826001 OFFICE FURNITURE R 4/08/2015 I-762559388001 SUPPLIES R 4/08/2015 i 1-762560015001 SUPPLIES R 4/08/2015 I-763332893001 SUPPLIES R 4/08/2015 I-763333036001 SUPPLIES R 4/08/2015 I-763453368001 SUPPLIES R 4/08/2015 I-763453496001 SUPPLIES R 4/08/2015 I-763453497001 SUPPLIES R 4/08/2015 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 240.000R 059699 240.00 69.000R 059700 69.00 1,994.61CR 059701 1,994.61 199.95CR 059702 350.90CR 059702 550.85 474.51CR 059703 94.14CR 059703 568.65 78.34CR 059704 109.62CR 059704 187.96 264.50CR 059705 264.50 631.70CR 059706 631.70CR 059706 1,263.40 791.12CR 059707 791.12 85.000R 059708 85.00 42.68 059709 202.45CR 059709 183.99CR 059709 116.07CR 059709 8.59CR 059709 396.20CR 059709 33.78CR 059709 54.87CR 059709 175.16CR 059709 145.000R 059709 1,273.43 4/08/2015 11:10 A14 A / P CHECK REGISTER PAGE: 3 PACKET: 07338 Regular Payments 4/8/15 VENDOR SET: 99 it BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 15470 PROFESSIONAL COATING TECHNOLOGIES, INC I-12356 SUPPLIES R 4/08/2015 1,292.82CR 059710 1,292.82 05510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC 1-1201945454 ROLL OFF MARCH 2O15 R 4/08/2015 658.07CR 059711 658.07 12820 RICOH USA, INC i I-5035356911 4/1/15-4/30/15 R 4/08/2015 227.85CR 059712 227.85 27750 SAMANTHA SPRINGS BOTTLING I-003781 3/31/15 COURT WATER R 4/08/2015 2.90CR 059713 2.90 02510 STATE COMPTROLLER I-3/31/15 QTR ENDING 3/31/15 R 4/08/2015 6,003.01CR 059714 6,003.01 05350 TEXAS EXCAVATION SAFETY SYST I-15-04306 811 MESSAGE FEES MARCH 2O15 R 4/08/2015 78.85CR 059715 78.85 25790 TOLLE, AUDREY I I-TLA 4/14/15 MILEAGE MEALS R 4/08/2015 236.04CR 059716 236.04 17600 UNIVERSITY OF NORTH TEXAS I-26799 PFIA R 4/08/2015 230.000R 059717 i I-26800 PFIA R 4/08/2015 230.000R 059717 460.00 16640 WATCH GUARD VIDEO I-ACCINV0003893 MICRO / CAMERA BATTERY R 4/08/2015 94.000R 059718 94.00 i j 24970 WELLSPRING INSURANCE I I-1126 APRIL 2015 CONSULTING R 4/08/2015 2,000.00CR 059719 2,000.00 2 »50 WINSTON WATER COOLER, LTD I I I-S1347576.001 MISC PLUMBING PARTS R 4/08/2015 379.81CR 059720 379.81 * * T 0 T A L S * * NO# DISCOUNTS CHECK ANT TOTAL APPLIED REGULAR CHECKS: 35 0.00 64,957.90 64,957.90 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 0 0.00 0.00 0.00 VOID CHECKS: 0 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 i REGISTER TOTALS: 35 0.00 64,957.90 64,957.90 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 4/15/2015 1:46 PM A / P CHECK REGISTER PACKET: 07357 Regular Payments 4/15/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE 02580 TEXAS WORKFORCE COMMISSION I-1QTR 2015 1ST QTR UNEMPLOYMENT D 4/15/2015 25940 ALAN PLUMMER ASSOCIATES, INC I-00000003?114 CONTRACT R 4/15/2015 25070 ALL AMERICAN DOGS INC I-2086 MARCH SURRENDER R 4/15/2015 18100 AMERICAN MUNICIPAL SERVICES I-24246 COURT WARRANT COLLECTIONS R 4/15/2015 01550 ATMOS I-3/3/15-4/2/15 ATMOS 3/3/15-4/2/15 R 4/15/2015 25610 AUSTIN LANE TECHNOLOGIES, INC I-20150409 MAINTENANCE APRIL 2015 R 4/15/2015 I-20150409A NETWORK CONSOLIDATION R 4/15/2015 I-2015409-0 IT SERVICES R 4/15/2015 23620 COTE'S MECHANICAL I-CM20151155 APRIL 2015 R 4/15/2015 25730 DATAPROSE, LLC I-DP1500870 MARCH LATE & APRIL BILLINGS R 4/15/2015 26120 EAGLE RECOGNITION I-0586406-IN EMPLOYEE RECONITION AWARD R 4/15/2015 1 EXCLUSIVE LAW ENFORCEMENT PRODUCTS INC I-201547 SUPPLIES R 4/15/2015 23820 FERGUSON WATERWORKS I-0705424 SUPPLIES R 4/15/2015 18790 EDELMAN I-NP44058520 FUEL14AN 4/6/15-4/12/15 R 4/15/2015 26900 THE LANE CONSTRUCTION CORPORATION I-1597880-RN ASPHALT FOR FEBRUARY R 4/15/2015 27540 LNV, INC I-17768 NEW WATER SUPPLY WELLS R 4/15/2015 PAGE: 1 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 600.97CR 000000 600.97 18,550.27CR 059749 18,550.27 100.000R 059750 100.00 1,179.50CR 059751 1,179.50 376.87CR 059752 376.87 4,381.00CR 059753 866.25CR 059753 393.75CR 059753 5,641.00 354.000R 059754 354.00 2,166.60CR 059755 2,166.60 80.94CR 059756 80.94 199.000R 059757 199.00 543.32CR 059758 543.32 2,200.65CR 059759 2,200.65 498.99CR 059760 498.99 500.000R 059761 500.00 4/15/2015 1:46 PM PACKET: 07357 Regular Payments 4/15/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT VENDOR NAME / I.D. DESC 18470 O'CONNOR, DON I -BOOT 2015 BOOT REIMBURSEMENT 08690 O'REILLY AUTO PARTS C-1959186923 MISC. C-1959186993 MISC PARTS I-1959185314 MISC REPAIR PARTS I-1959185606 MISC PARTS I-1959185620 MISC PARTS I-1959185739 MISC PARTS I-1959185744 MISC PARTS I-1959185774 MISC PARTS I-1959185794 MISC PARTS I-1959186875 MISC PARTS I-1959186990 MISC PARTS I-1959186994 MISC PARTS I-1959187304 MISC PARTS I-1959187541 MISC PARTS I-1959187577 MISC PARTS I-1959187587 MISC REPAIR PARTS I-1959188486 MISC PARTS I-1959188795 MISC I-1959188871 SUPPLIES I-1959189037 SUPPLIES I-1959189070 MISC REPAIR PARTS I-1959189357 MISC PARTS I-1959189969 MISC I-1959190098 MISC I-1959190465 MISC PARTS I-1959190466 MISC PARTS I-1959190467 MISC REPAIR PARTS I-1959190616 MISC PARTS I-1959190861 MISC REPAIR PARTS *VOID* VOID CHECK *VOID* VOID CHECK i j 02970 OFFICE DEPOT I I-757179632001 CHAIRS 27420 OZARKA A / P CHECK REGISTER I-05D0125015107 MONTHLY DRINKING WATER CHECK CHECK TYPE DATE R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 R 4/15/2015 V 4/15/2015 V 4/15/2015 R 4/15/2015 R 4/15/2015 PAGE: 2 CHECK CHECK DISCOUNT AMOUNT NO# AMOUNT 92.000R 059762 92.00 14.00 059763 5.31 059763 114.77CR 059763 19.15CR 059763 22.56CR 059763 42.26CR 059763 66.06CR 059763 17.73CR 059763 22,01CR 059763 47.99CR 059763 5.31CR 059763 8.58CR 059763 8.49CR 059763 101.94CR 059763 19.15CR 059763 184.45CR 059763 100.27CR 059763 81.23CR 059763 88.32CR 059763 95.09CR 059763 18.48CR 059763 37.97CR 059763 21.73CR 059763 11.23CR 059763 9.98CR 059763 36.23CR 059763 73.15CR 059763 17.73CR 059763 131.16CR 059763 1,383.71 059764 **VOID** 059765 **VOID** 1,170.000R 059766 1,170.00 42.92CR 059767 42.92 4/15/2015 1:46 PM A / P CHECK REGISTER PAGE: 3 PACKET: 07357 Regular Payments 4/15/15 VENDOR SET: 99 BANK POOL POOLED CASH ACCOUNT CHECK CHECK CHECK CHECK VENDOR NAME / I.D. DESC TYPE DATE DISCOUNT AMOUNT NO# AMOUNT 05510 PROGRESSIVE WASTE SOLUTIONS OF TX, INC I -MARCH 2O15 MARCH 2O15 R 4/15/2015 52,371.67CR 059768 52,371.67 27750 SAMANTHA SPRINGS BOTTLING I-003819 209562 CITY HALL WATER BOTTLES R 4/15/2015 17.90CR 059769 17.90 25590 SCHNEIDER ENGINEERING I-00000026611 TRANS OPER 3/16-3/31/15 R 4/15/2015 292.42CR 059770 292.42 26300 UNUM LIFE INSURANCE COMPANY OF AMERICA I-0467881-001 5 LTD 5/l/15-5/31/15 R 4/15/2015 731.49CR 059771 731.49 23760 VAULTLOGIX I-2136944 MARCH INTERNET VAULT R 4/15/2015 1,053.60CR 059772 1,053.60 27070 NEAL WELCH I-SAMS 2015 SAM'S CLUB MEMBERSHIP R 4/15/2015 135.00OR 059773 135.00 * * T 0 T A L S * * NO# DISCOUNTS CHECK AMT TOTAL APPLIED REGULAR CHECKS: 23 0.00 89,681.85 89,681.85 HANDWRITTEN CHECKS: 0 0.00 0.00 0.00 PRE -WRITE CHECKS: 0 0.00 0.00 0.00 DRAFTS: 1 0.00 600.97 600.97 VOID CHECKS: 2 0.00 0.00 0.00 NON CHECKS: 0 0.00 0.00 0.00 CORRECTIONS: 0 0.00 0.00 0.00 REGISTER TOTALS: 26 0.00 90,282.82 90,282.82 TOTAL ERRORS: 0 TOTAL WARNINGS: 0 QTEXAS1-1 BOARD AND COMMISSION APPLICATION NAME: � �,-1 �/, �:- C / `V-1k DATE: 1 My -� Z (S. ADDRESS: 2 Pam' '7 ,SA m G L--/ <' HOME PHONE � BUSINESS PHONE: ZJ 4 S 5 1 G Q� CELL PHONE: EMAIL: ) OCCUPATION: (If retired, describe former occupation or profession) ;\ I I t--- PRIOR SERVICE ON A CITY BOARD/COMMISSION? NO IF YES, PLEASE DESCRIBE: j /iCC✓' �� 6' o, ,t- , d ' w J PLEASE NUMBER EACH BOARD/COMMISSION YOU ARE INTERESTED IN SERVING ON WITH 1 FOR FIRST PREFERENCE, 2 FOR SECOND PREFERENCE, ETC.. LEAVE BLANK ANY BOARD/COMMISSION YOU WOULD NOT LIKE TO BE CONSIDERED FOR. BOARD OF ADJUSTMENT HISTORIC PRESERVATION COMMISSION KEEP SANGER BEAUTIFUL BOARD LIBRARY BOARD PARKS BOARD PLANNING AND ZONING COMMISSION 4A BOARD 413 BOARD OTHER LIST QUALIFICATIONS INCLUDING PROFESSIONAL AND/OR COMMUNITY ACTIVITIES THAT MAKE YOU A GOOD CANDIDATE FOR THE ABOVE POSITION(S): G"A.._ Do you understand that attendance and active support is required for each appointee? ,VI Yes ❑ No a�pw— ` � `"� ZCr / 9 Signature: Date: RETURN COMPLETED APPLICATION TO: Office of the City Secretary City of Sanger PO Box 1729 - 502 Elm Street Sanger, Texas 76266 This information will become a public record. S%a(Ageh TEXAS COUNCIL AGENDA ITEM AGENDA TYPE Contract Reviewed by Finance Regular X Special ❑ Consent Reviewed by Legal ❑ Workshop ❑ Executive ❑ Public Hearing ❑ Yes X Not Applicable ET Yes Not Applicable Council Meeting Date: April 20, 2015 Submitted By: Christy Punches City Manager Reviewed/Approval Initials Date Ll ACTION REQUESTED: Collection Agency Contract ORDINANCE ❑ RESOLUTION APPROVAL CHANGE ORDER AGREEMENT ❑ APPROVAL OF BID X AWARD OF CONTRACT ❑ CONSENSUS ❑ REAPPOINTMENTS AGENDA CAPTION Consider, Discuss and Possibly Act on approving a contract between the City of Sanger and McCreary Veselka Bragg & Allen Attorney at Law. Retaining MVBA to provide legal services related to the enforcement of the collection of delinquent municipal court fines, fees and court costs. FINANCIAL SUMMARY ®N/A ❑GRANT FUNDS ❑OPERATING EXPENSE ❑REVENUE ❑CI P ❑BUDGETED ❑NON -BUDGETED PRIOR CURRENT FUTURE FISCAL YEAR: YEAR YEAR YEARS TOTALS Proposed Expenditure Amount Encumbered Amount BALANCE FUND(S) TO BE USED: General ❑$ Utility ❑ $ Special ❑ $ BACKGROUND/SUMMARY OF ITEM Our current collection agency collected $17,466.90 for the fiscal year 2013-2014. It is predicted that MVBA can collect $116,000.00 for the first year. STAFF OPTIONS & RECOMMENDATION List of Supporting Documents/Exhibits Attached: Prior Action/Review by Council, Boards, Commissions or Other • Contract for Collection Agencies: 0 None CONTRACT FOR COLLECTION OF DELINQUENT MUNICIPAL COURT FINES AND FEES STATE OF TEXAS § COUNTY OF DENTON § THIS CONTRACT is made and entered into by and between the CITY OF SANGER, 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 legal services related to the enforcement of the collection of delinquent municipal court fines, fees, court costs, restitution, debts and accounts receivable and other amounts in accordance with Article 103.0031, Texas Code of Criminal Procedure (hereinafter referred to in the agreement as "Fines and Fees"). II. 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 fiom the defendant by credit card or electronic draft which funds shall be deposited into the MVBA Trust Account. MVBA shall remit to the City, semi-monthly, all funds deposited into the MVBA Trust Account which pay the entire balance of a fines and fees 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 furthermore, 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 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. 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. 2. 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 on those cases in which the data files are transmitted to MVBA by electronic media. 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. 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. 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 party to this contract. Contract for the Collection of Fines & Fees and Accounts Receivable - Page 2 of 4 The initial term of this contract is two years, beginning on the day of , 2015, 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 party delivers written "Notice of Termination of Contract" to the other party of its intent to terminate this contract at least thirty (30) 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. 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: Harvey M. Allen 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 Sanger, Texas Attention: Court Administrator PO Box 578 Sanger, Texas 76266 IX. This contract is made and is to be interpreted under the laws of the State of 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. Contract for the Collection of Fines & Fees and Accounts Receivable - Page 3 of 4 4 In consideration of the terms and compensation herein stated, MVBA hereby agrees to undertake performance of said contract as set forth above. The City has authorized by order heretofore passed and duly recorded in its minutes the chief executive officer to execute this contract. 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 signatures of all parties hereto this, the day of , A.D. 2015. CITY OF SANGER, TEXAS Mayor McCREARY, VESELKA, BRAGG & ALLEN, P.C. Gilbert T. Bragg Attorney at Law Contract for the Collection of Fines & Fees and Accounts Receivable - Page 4 of 4 INFORMATION ITEMS t rn O _7v _ D M m M. Q o 0 r-i M OrD 10 rA -� # N ' /• } { /.` c lo Q IOC n c ff 0 to W; cfl Oi wt N. O? vi. O' - t-► -.. w N V# N U.) t i N CC w N{ Ut O F 01 O w -P I--► w` (0 F W -P -P -P t-� co O V d1 V w to 1 M i N Ui O; Ut O{ a) y W lfl -f� Ol i W O r W i Jr LrI € 00 l0 O O; [NJ O O N f t� 00 Cl I--► W V N _ 00 N