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HomeMy WebLinkAbout3086 AllianceOne Receivables Management, Inc. COLLECTION SERVICES AGREEMENT THIS AGREEMENT is entered into between Bremerton Municipal Court, hereinafter called "COURT," and AllianceOne Receivables Management, Inc., a Delaware Corporation and a professional collection agency existing under the laws of the State of Washington, hereinafter referred to as "AOI," effective June 1, 2004. For and in consideration of the compensation hereinafter described and the covenants and conditions herein contained, the parties agree as follows: 1. Assignment of Accounts. COURT will assign to AOI for collection such delinquent accounts, hereinafter called "accounts," as COURT deems appropriate. 2. Collection Efforts. AOI will use commercially reasonable efforts to collect said accounts, and will confine its efforts to the highest standard of ethical practice. The COURT and AOI recognize that the appropriate level of activity may vary according to the type of account, the account balance and the information available. 3. Debts lust and Owing. COURT certifies that every account referred will contain accurate information and will be just and owing, and will not be subject to any valid defense, set-off or counterclaim, including that such account or the obligor of such account will not be subject to any bankruptcy proceeding, stay or discharge as of the time of referral. 4. Compliance with Law. AOI's collection activities shall comply with federal, state and local laws, including the Fair Debt Collection Practices Act (FDCPA), where applicable. 5. Legal Action. No legal action will be commenced on any account without written permission, first obtained, from COURT. Legal action commenced under this agreement shall be in the name of AOI and not COURT. AOI will promptly advise COURT if any legal action is contested. COURT will provide evidence as requested by AOI to support approved legal action, including providing a witness or witnesses for live testimony if requested. Unless otherwise agreed, legal costs and fees will be paid by AOI and not COURT, and will be recoverable from the DEFENDANT where allowed by applicable law, out of first monies recovered. ·:~ i. '. 6. Indemnification. Each party will indemnify and hold harmless the other party from and ~iiii~,: against any and all claims and causes of action, be they meritorious or otherwise, asserted : ~ against the other party except for claims and causes of action resulting from errors or · . omissions of the other party, and each will reimburse the other for costs and legal expense incurred in connection therewith. 7. Severability. In the event any term or condition of this Agreement or application thereof to any person or circumstance is held invalid, such invalidity shall not affect other terms, ~onditions, or applications of this Agreement which can be given effect without the invalid term, condition, or application. To this end the terms and conditions of this Agreement are declared severable. SERVICES AGREEMENT Page 2 8. Compensation.' Compensation to AOI will be a percentage of the original account balance, which will be assessed by COURT as a court cost to the account at the time of assignment, pursuant to RCW 3.02.045, resulting in the ret-am to the COURT of 100% of the original assigned amounts collected, as follows: a. For primary referrals after the commencement of this contract, a court cost in the amount of 35% of the balance of the account will be assessed. AOI will retain a commission fee of .2537 of the funds collected. b. The compensation for all accounts assigned and residing in AOI's database under any prior contrac~ will remain unchanged. c. AOI will charge interest, at the rate of 12% per annum, on accounts assigned for collection. All interest collected will be shared equally between COURT and AOI. d. The court cost will be assessed by COURT by administrative rule and will be added to the account in AOI's database by AOI's computer system at the time the account is referred to AOI. 9. Time Payment Collection Program. AOI will continue to provide its time-payment collection services for non-default obligations due to the COURT through its subsidiary company Signal Credit Management Services (hereinafter referred to as "Signal"). The costs of the Signal services will also be assessed by COURT under RCW 3.03.0~5 and added to the account in Signal's database by Signal as follows: a. $15.00 Account Set-Up Fee: a one-time charge per defendant to create a payment plan. b. $4.75 Monthly Fee: one charge per account per defendant with one case. c. $8.25 Monthly Fee: one charge per account per defendant with multiple cases. d. $7.75 Monthly Fee: one charge per account per defendant with one case in "past due status." e. $11.25 Monthly Fee: one charge per account per defendant with multiple cases in "past-due status." f. Interest will be charged at 12% per annum on the unpaid balance. All interest collected will be retained by AOI/Signal. g. Signal service includes monthly statements, phone call for missed or late payment, and delinquency notices. h. Upon default by a defendant in the Signal program, Signal will provide a report of same to COURT, and unless COURT elects to suspend collection efforts, the account will be forwarded to full collection status. 10. Remittance. Payments on COURT accounts made to AOI will be remitted by AOI to COURT, less AOI's portion, on a weekly basis. 11. ~gotiable Instruments. COURT authorizes AOI to endorse checks or other instruments payable to COURT and deposit same into a trust account separately maintained by AOI. COURT further authorizes AOI to send notices of dishonor or other notices on COURT's behalf for dishonored instruments, to assess and collect any permissible dishonored instrument fees, and to retain any recovered fees, whether such instruments .were issued before or after assignment of the account. 12. Account Audits. COURT may audit AOl's records pertaining to accounts assigned for collection at any time during business hours upon reasonable notice. Revised 04/04 SERVICES AGREEMENT Page 3 13. Term and Termination. This agreement will remain in effect until terminated by either party. Any assignments by COURT and work performed by AOI prior to the signing of this Agreement is specifically approved by the parties and ratified by this Agreement. This Agreement may be terminated in whole or in part from time to time when deemed by the COURT or AOI to be in its best interest. Termination of work hereunder shall be effected by delivering to a party a Notice of Termination thirty (30) days prior to the specified effective date, detailing the extent to which performance of work under this Agreement is terminated. 14. Non-discrimination. AOI, in its collection efforts, will not discriminate against any Defendant on the basis of race, color, creed, religion, sex or national origin. AOI will comply with the requirements of the Americans with Disabilities Act of 1992, and all regulations interpreting or enforcing said Act. 15. Beneficiaries to Contract. This Agreement is entered into for the benefit of COURT and AOI. No third-party beneficiaries are intended to be created or are created hereunder, and no other party can derive any benefit or right herefrom. 16. Entire Agreement. This Agreement constitutes the entire understanding between AOI and COURT regarding services provided to COURT by AOI, and may not be modified except by written agreement signed by both parties. IN WITNESS WHEREOF, the parties have executed this contract on the date last written be ~v. ADDRESS /ADDRESS: 6565 Kimball Drive, Suite 200 239 4~ Street P. O. Box 2449 Bremerton, WA 98337-1875 Gig Harbor, WA 98335 Revised 04/04 +Enter Search Criteria, Press Esc Key to Transmit Press Del Key to Terminate Delete Mode CHANGE Contract Transactions + Contract Number 3086 + +Vendor Name ALLIANCE ONE (FORMERLY ALLIED CREDIT) +Subject COLLECTION SERVICES  Department MUNI COURT Status Code PRO + Amount + Begin Date 04/24/1989  Insurance End Date Type Amount Review Date 12/01/2003 $1000000.00 GL $2000000.00 AL $1000000.00 + Insurance Total $4000000.00 + Insurance Review Date 06/01/2004 + Comments YR TO YR CHECK W/PENNY IN DECEMBER + ALLIED CREDIT COMPANIES Our People Make The Difference COLLECTION SERVICES AGREEMENT THIS CON'FRACT, is made and entered into between Br~m~rton Municipal Cou~t hereinafter ca]led "C~ent,' and ALLIED CREDIT COMPANIES, hereinafter called "ACC." WITNESSETH: That in consideration of the payments, convenants and agreements hereinafter mentioned and attached and a part of this contract to be made and performed by the parties hereto, the parties hereto convenant and agree as follows: I. WORK TO BE PERFORM]ED: ACC shall do all work and furnish all equipment, labor, and materials necessery to collect unpaid fines and forfeitures for accounts turned over to them by Client. ACC shall provide all forms and postage as required. II. Tllv[E OF COMMENC~ OF CONTRACT: The work to be performed under this Contract shall commence ~'~ ~ ~,~ .19 ~,~-' rtl. TEKMINATION: This Contract may be terminated by either party upon thirty (30) daye advance written not~ce to the other party. IV. l~ SCHEDULE: Client shall pay ACC for performance of the work deso'ibed in and required by the doounents as follows: a. Monetary assessments fines and/or infractions levied by Client. b. Rate Structure: Upon placement of an account by Client with ACC, Client will assess a collection fee to the account in the amount of $0% of the b~lance of the account. ACC will c~ge a fee of 33-1/3% of the funds collected, resulting in a 100% payback of the original account balance. c. ACC will remit to Client the total amount collected, less the appropriate fee. cl. All accounts shall be deemed to have been assigned to ACC upon receipt of the accounts by ACC from Client. Funds collected by ACC shall be paid to Client on or before the fifteenth (15) day of each month for collections made the preceeding month. Payments to Client shall be for the total a.mount collected, less the appropriate fee. ACC shall supply su~.ficient documentation with monthly payment to ~]ow independent verification of total amounts collected and 'calculations of appropriate f~es with_held. In the event additional reports are deemed necessary in the future for further breakdown purposes, ACC will be willing to work with Client to provide necessary reports. Client may aunt ACC!s records pertaining to accounts assigned for collec~on with provision of reasonable notice. V. INDEMNIFICATION: ACC agrees a.nd convenants to indemnify, defend and eave harmless Client and its officers, agents, and employees against and from any loss, damage, costs, charges, expense, liability, cl'~, demands, or judgments, of whatsoever kind of nahum, whether to persons or property arising wholly or partially out of an act, action, neglect, omission, or in default on the part of ACC, their subcontractors and/or employees, except only such injur~' of damage as shall have been caused by or resulted from the sole negligence of Client. ACC shall obtain and keep in force conl~nually during the term of the contract comprehensive general HabilJ~y insurance coverage in the amotmt of at least One M~l~on Dollazs ($1,000,000.00). ACC will supp]y to Client a copy of their coUed~on agency Hcense within 30 days of the signed con~rect. VI. ASSIGn: Neither pa_,~y ~o ~ agreement shall assign th~ agreement, nor any interest, ttghL or responsibility arL~ing heregn, without the written consent of the other party. VII. ACC, in its collection efforts, will not d~scrkmLnate against any debtor on the bas~ of race, color, creed, religion, sex or nal~onal origin. ACC will comply with the requirements o[ the Americans w~th DLsab~es Act of 1992, and all regulations interpreting or enfor~ng sa~d Act. Th~ Agreement constitutes the entire tmderetamd~g between ACC a_nd the umders~gned Client regarddmg terms amd cond~elons as they perta~ to all collection services provided to Client by ACC amd may not be changed or modified except by written agreement signed by both part~es. IN WITNESS WI-I~REOF, the par~es h~reto have execa~ed this conl=ract at ~,_~ ~,~ ~. ~ ~ ~a~t.'~ , on the date L~st written below. ' '(CITY'ANI~ ~TAT~ ALLIED CREDIT COMPANIF_S CLI~NT:~ ~ ~g~W~.~ 4/ 4 ADDENDU~ TO PROFESSZONAL SERVICES AGREEMENT WHEREAS, the CITY OF BREMERTON and ALLIED CREDIT, Port Orchard, Washington, a collection agency, heretofore entered into a Professional Services Agreement dated April 17, 1989, and WHEREAS, the parties desire to extend the Professional Services Agreement for an additional three year term; NOW, THEREFORE, in consideration for the mutual covenants set forth below, the parties agree as follows: I. The term of the Professional Services Agreement, executed by the parties hereto on April 17, 1989, shall be extended from April 24, 1992, to April 24, 1995. II. The City of Bremerton and Allied Credit agree that all provisions of the original Professional Services Agreement, which are not in conflict to this Addendum to Professional Services Agreement, shall remain in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Addendum to Professional Services Agreement the date and year indicated. ALLIED CREDIT ~'.OI. IIS MENTOR, Mayor ATTEST: KATHLEEN McCLUSKEY, Clerk ' l IAHiR. SIEVERS, City Attorney CITY OF BREMERTON PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 17 day of April , 1989 , between the City of Bre- mertcn', a municipal corpora~ion (hereinafter called City), and Allied Credit, Port Orchard, Washington, a collection agency (hereinafter called Contractor). WITNESSETH: IN CONSIDERATION of the payments, covenants and agreements hereinafter mentioned and attached and made a part of this agreement to be made and performed by the parties hereto, the parties hereto convenant and agree as follows: I. CONTRACT DOCUMENTS. The contract documents consist of this agreement, the Proposal submitted by the Contractor - attachment "A", Certificate of Insurance - attachment "B", Collection Agency License attachment "C". Copies of each of these documents are attached hereto and by this reference incorporated herein as a part of this agreement. Collection activities shall be in compliance with U. S. Public Law 95-109 and Chapter 19.16 R.C.W., State of washington. The Contractor is a member of the American Collectors Association and subscribes to its code of ethics. II. WORK TO BE PERFORMED. The Contractor shall do all work and furnish all equipment, labor and materials necessary to collect unpaid fines and forfeitures for accounts turned over to them by the City. The Contractor shall provide all forms and postage as required. III. TIME OF COMMENCEMENT AND DURATION OF AGREEMENT. The work to be performed under this agreement shall commence April 24' 1989. The term of this agreement shall be three (3) years. IV. TERMINATION. This agreement may be terminated by either party upon thirty (30) days advance written notice to the other party. v. AGREEMENT FEE SCHEDULE. The City shall pay the Contractor for performance of the work described in and required by the agreement documents as follows: a. Rate Structure: Upon placement of an account by City with Contractor, City will assess a collection fee to the account in the amount of 50% of the balance of the Professional Services Agreement ~Page Two account. The Contractor will charge a fee of 33 1/3 of funds collected, resulting in a 100% payback to the City of the original account balance. b. Contractor will remit to City the total amount collected, less the appropriate fee, twice a month. c. All accounts shall be deemed to have been assigned to the Contractor upon receipt of the accounts by the Contractor from the City. The fees associated with the work performed by the Contractor shall remain in effect for the agreement period. Payments to the City shall be for the total amount collected, less the appropriate fee. The Contractor's fee shall be deducted from the amount collected on an equally prorationed basis. VI. AUDITING, REPORTS. The Contractor shall supply sufficient documentation with monthly payment to allow independent verification of total amounts collected and calculation of appropriate fees withheld. In the event additional reports are deemed necessary in the future for further breakdown purposes, the Contractor will be willing to work with the City to provide the necessary reports. The City may audit the Contractor's records pertaining to accounts assigned for collection with provision of reasonable notice. VII. INDEMNIFICATION. The Contractor agrees and convenants to indemnify, defend and hold harmless the City and its officers, agents, and employees against and from any loss, damage, costs, charge, expense, liability, claims, demands or Judgments, of whatsoever kind or nature, whether to persons or property arising wholly or partially out of any act, action, neglect, omission, or default on the part of the Contractor, his subcontractors and/or employees, except only such injury or damage as shall have been caused by or resulted from the sole negligence of the City. In case any suit or cause of action shall be brought against the City on account of any act, action, neglect, omission or default on the part of the Contractor, his agents, subcontractors and/or employees, the Contractor hereby agrees and convenents to assume the defense thereof and to pay any and all costs, charges, attorney fees and other expenses and any and all Judgments that may be incurred or obtained against the City. viii. INSURANCE. The Contractor shall obtain and keep in force continually during the term of the agreement comprehensive general liability insurance coverage in the Professional Services Agreement Page Three amount of at least Five Hundred Thousand Dollars ($500,000) naming the City as co-insured. The Contractor shall provide the City with a Certificate of Insurance as evidence of such insurance coverage. IX. ASSIGNMENTS. Neither party to this agreement shall assign this agreement, nor any interest, right or responsi- bility arising herein, without the written consent of the other party. IN WITNESS WHEREOF, thi~gree~etn is signed by the parties this :/~ day of ' / ALLIED CREDIT CITY OF BREMERTON Cont~a~to~ - - z I z j Attest: Approved ~ to BREM /