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AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE CITY
MANAGER TO EXECUTE A PROFESSIONALSERVICES AGREEMENT WTIH
SAWKO & BURROUGHS,LLP, FOR PROFESSIONALSERVICES RELATED TO
COLLECTION OF DELINQUENT TAXES ON BEHALF OF THE CITY OF DENTON;
AUTHORZING THE DGENDITURE OF FUNDS THEREFOR: AND
ESTABLISHING AN EFFECTTVEDATE.
ATTEST:
JENNIFERWALTERS, CITY SECRETARY
EDWIN S\ItsDER,
3. II\TVESTIGATIONAND ASSISTANCE
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4. COLLECTION
6. LITIGATION RESPONSIBILITIES
B' FIRM will assumethe representation of CITY in all lawsuits,including all pending
lawsuits,involving the collectionof dlHnquenttaxesand enforcement
of tax liens, including,but
not limited to bankruptcylitigation,claimq and actionsrequired
to be filed *tr federalagencies
suchas FDIC, FSLIC and RTC, interventionsin suitsfiled on
behalf of any other taxing 'nits,
current suits, and any other suit or litigation which may involve
or relate to the collection of
delinquenttaxes' FIRM will inform clry of any cor:nterclaims
or cross-actions filed against
CITY.
7. TAXPAYER SERVICES
8. PROGRESSREPORTS
9. COMPENSATION
B' The compensation setforth in paragraphs 9, 10,and 13of this Contractshallbe the total
compensation duefrom CITY to FIRM for all servicesprovidedprnsuantto this
Contract,andin no
eventshallFIRM seekanyadditionalcompensation from cITy.
12. TERM
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14. TAX WARRANTS
15. SETTLEMENTS
16. NOTICE
CITY FIRM
18. VENUE
20. DIRECTIVES
22. AMBIGUITY
23. ASSIGNMENT
The rights and responsibilitiesof CITY underthi's Contractmay be assignedby the City
Council to another governmentalunit in Denton County without approval of FIRM. It i;
understoodandagreedthat this is a professional
servicescontract,and CITY is contractingfor the
unique servicesof FIRM. FIRM's rights and responsibilities under this Contractmay not be
assignedby FIRM to another law firm or collection agency without written approval oF tfr"
assignmentby the City Council.
FIRM shall indemnifli, save, and hold harmlessCITY and its officers, agents,and
employeesfrom and againstany andall liability, claims,demands,damages, losses,*d
"*p"rrr"r,
including, but not limited to court costs and reasonableattorney fees incurred by CITy, *d
including, without limitation, damagesfor bodily and personalinjury, deathandproperrydamage,
resultingfrom the negligentacts or omissionsof FIRM or its officers,shareholders, agents,-or
employeesin the execution,operation,or performanceof this contract.
25. INSI]RANCE
During the performanceof the servicesunder this Contract, FIRM shall maintain the
following types of insurance,meeting the minimum dollar requirementsstatedbelow, with an
insurancecompanylicensedto do business in the Stateof Texasby the StatelnsuranceCommission
(or its successor),
havinga BestRateCarriersratingof A- or above:
Professional
liability insurancewith limits of not lessthan $100,000.00
per occurrenceand
$300,000annualaggregate.
3I. ASSIGNABILITY
FIRM shall not assignany interestin this Contract,and shall not transferany interestin this
Contract(whetherby assignment, novation,or otherwise)without the prior written consentof
CITY.
B. This Contract may be terminated, in whole or in part, in the event of either party
substantially
failingto fuIfill its obligationsunderthis Contract.No suchterminationwill be
effectiveun]essthe otherparty is given: (1) written notice, deliveredby certified mail,
retum receipt requested,of intent to terminate,setting forth the reasons,specifying the
nonperformance, and giving the other parly not less than 30 calendardaysto cure the
failure; and (2) an opportunity for consultation with the terminating party prior to
termination
33. MODIFICATION
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executed.Thepartiesfurtheragreethat the provisionsof this sectionwill not be waivedunlessas
hereinsetforth.
35. MISCELLANEOUS
A. The following exhibits are attachedto and made a part of this Contract: Exhibit rrArt-
Requestfor Proposals;Exhibit t'B't- Addendum,Exhibit C - FIRM'sproposal.
B. FIRM agreesthat CITY shall, until the expirationof three years after the final payment
under this Contract,have accessto and the right to examineany directly pertinentbooks,
documents,papers,and recordsof FIRM involving transactionsrelatingto this Contract.
FIRM agreesthat CITY shall have access,dwing normal working hours,to all necessary
FIRM facilities, and shali be providedadequateand appropriateworking spacein order to
conductauditsin compliancewith this section.CITY shall give FIRM reasonable advance
noticeof intendedaudits.
C. For the purposeof this Contract,the key personswho will perform most of this work
hereundershall be GregoryJ. Sawkoand Mark A. Burroughs.However,nothing herein
shall limit FIRM from using other qualified and competentmembersof its firm to perform
the servicesrequiredherein.
D. FIRM shall commence,cary on, and completeany and all projectswith all applicable
dispatch,in a sorurd,economical,efficientmanner,and in accordance with the provisions
hereof. In accomplishingthe serviceshereunder,FIRM shall take such steps ursare
appropriateto ensurethat the work involvedis properlycoordinatedwith relatedwork being
carriedon by CITY.
37. CAPTIONS
This Contractis executedon behalf of CITY by the presiding officer of its goveming body
who is authorized to execute this instrument by order heretofore passed and duly recorded in its
minutes and by a partner of FIRM who, by execution of this Contract, representsand warrants that
he or she has the authonty to execute this document on behalf ofFIRM.
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of all partiesheretointriplicateoriginalsthisthe A /4
-.- WITNESSthesignature dayof
{-}tt .ZiOS,Denton County,Texas.
{
CITY OF DENTON. TEXAS
MICHAEL A. CONDUFF
CITY MANAGER
ATTEST:
JENNIFERWALTERS.CITY SECRETARY
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