Authorize the City Manager to Enter into a Contract with McCreary, Veselka, Bragg, and Allen, P.C. (MVBA) for Collection of Delinquent Municipal Court Fines and Fees.

Kevin Hammeke, Chief Financial Officer
Delena Franklin, Court Administrator

Authorize the City Manager to Enter into a Contract with McCreary, Veselka, Bragg, and Allen, P.C. (MVBA) for Collection of Delinquent Municipal Court Fines and Fees.

Article 103.0031, Code of Criminal Procedure provides for the imposition of a collection fee of thirty percent (30%) on all delinquent municipal court fines and fees. This collection fee is intended by the Legislature to offset the cost of retaining a firm to assist in the collection of delinquent fines and fees.

On August 14, 2007, Resolution No. 2646-8-07(R) approved an Interlocal Agreement (ILA) by and between the City of Allen and the City of Lewisville. The City of Allen desires to participate in this ILA for the purpose of participating in the contract with MVBA for the collection of delinquent Municipal Court fines and fees.

MVBA will collect delinquent municipal court fines and fees and will impose an additional collection fee of 30%. MVBA will remit all payments and collection fees to the City of Allen and subsequently the City will remit monthly payments of the 30% collection fees back to MVBA based on detailed monthly itemized statements of service.

The attached contract is for a term of two years with an option to renew on an annual basis. Either party may terminate the agreement by giving 30 days prior written notice to the other party.

The City of Allen will pay $9,400 to CSDC (Court Software Vendor) for an interface for Fail to Maintain Liability Insurance violation to be sent to MVBA to verify the proof of insurance was valid at the time of the offense. MVBA will reimburse the City of Allen for the $9,400 interface.

The collection fee of 30% will be added on to each case as an increase in the total amount due. The City will ultimately receive the original amount of the case, while MVBA will receive the collection fee of 30% that the defendant will pay in addition to their original fines and fees.

Staff recommends that Council authorize the City Manager to enter into a contract with McCreary, Veselka, Bragg, and Allen, P.C. (MVBA) for collection of delinquent municipal court fines and fees.