HomeMy Public PortalAbout2004.09.09 Credit Data Idaho Agreement for Collection ServicesAgreement for Collection Services with Credit Data Idaho, Inc.
This Contract for Collection Services and/or Receivables Management is made
effective as of the date indicated below, by and between;
Credit Data Idaho, Inc., CCA-3290 And;
hereinafter referred to as CDI; whose
principal place of business is:
1451 Hartman Street
Boise, Idaho 83704
City of McCall
Hereinafter referred to as CLIENT; whose principal
place of business is:
216 E Park Street
McCall, Id 83638
Agreed this Cit day of So � , ,��._� 20 oy ,
Description of Services:
Beginning on the above agreed upon date, CDI will provide to CLIENT the following services,
collectively hereinafter referred to as services;
CLIENT desires, from time to time during the term of this agreement, to submit to CDI for
management account receivables, certain claims, accounts or other evidences of indebtedness
hereinafter referred to as Accounts;
CDI desires to provide CLIENT with receivables management and collection services with respect to
said accounts.
CLIENT desires CDI to maintain a system of management of accounts receivables management and
account collection outlined in presentations to client and hereinafter referred to as proposal.
Assertions:
CLIENT hereby Asserts and Warrants that all Accounts forwarded to CDI will be valid enforceable
debts, and that CLIENT will, both before and after forwarding said Accounts, comply with all applicable
federal, state, and local laws with respect thereto.
Further, CLIENT asserts that CLIENT will perform in good faith in all requests for information and
assistance as well as to provide, whenever requested to do so by CDI; a written verification of
Account; a copy of the judgment, if any, on which an Account is based; and the name and address of
the person or entity to whom the Account was originally owed.
CDI hereby asserts that all actions taken to recover aforementioned Accounts will comply with all
applicable Federal, State, and local laws with respect thereto.
Further, CDI asserts that CDI will perform in good faith to perform on the agreed upon Services for the
agreed upon Compensation as well as to provide to CLIENT all information that CLIENT deems
necessary to monitor the Accounts and CDI's performance.
CDI additionally asserts that CDI owns and consistently maintains an industry standard system for the
management and recovery of debt, that include dialer, call management, and integrated voice
response capability.
Agreement for Collection Services with Credit Data Idaho, Inc. Page: 1
CLIENT affirms they are a Public Agency as defined by Idaho Code Section 67-2327. See Attachment A
Term:
CLIENT agrees to comply with the provisions of Idaho Code Section 67-2358 (attached) as it relates to the
assigning of public debts to a collection agency. See Attachment A
CLIENT affirms they will provide the "Reasonable Attempt" notice to the debtor and that the content of that notice
will comply with Idaho Code Section 67-2358. Said notice to include the additional percentages charged by CDI
as noted below in the section title Compensation.
This contract is to remain in effect for one (1) year. This contract will be automatically renewed annually unless
written notification is received 30 days prior to the end of the contract term. If either party to this contract has
substantive reasons to believe that the other party is not performing to the substance or spirit of the agreement
that party can request in writing the contract be cancelled with 30 days notice.
Work Product and Intellectual Property Ownership:
Any copyrightable works, ideas, discoveries, inventions, patents, processes, products, or other information
(Collectively Known as Work Product and intellectual Property) developed in whole or in part by CDI in connection
with the Services will be exclusive property of CDI. CLIENT will confirm and attest all Work Product and
Intellectual Property will remain the exclusive ownership of CDI.
Confidentiality:
CDI, and its employees, agents, or representatives will not at any time or in any manner, either directly or
indirectly, use for the personal benefit of CDI, intentionally divulge, disclose, or communicate in any manner, any
information that is proprietary to CLIENT. CDI and its employees, agents, and representatives will protect such
information and treat it as strictly confidential. This will continue to be effective after the termination of this
Contract.
CLIENT, and its employees, agents, or representatives will not at any time or in any manner, either directly or
indirectly, use for the personal benefit of CLIENT, intentionally divulge, disclose, or communicate in any manner,
any information that is proprietary to CDI. CLIENT and its employees, agents, and representatives will protect
such information and treat it as strictly confidential. This will continue to be effective after the termination of this
Contract.
Indemnification:
CDI agrees to indemnify and hold harmless CLIENT from all claims, losses, expenses, fees including attorney
fees, costs, and judgments that may be asserted against CLIENT as a result of acts or omissions of CDI and/or
CDI's employees, agents, or representatives.
Warranty:
CDI shall provide Its services and meet its obligations under this Contract in a timely and workmanlike manner,
using knowledge and recommendations for performing the Services which meet generally acceptable standards
in CDI and CLIENT's community and region; CDI will follow ethical standards set forth by CLIENT for humane
treatment of their customers, ethical standards set forth in CDI's corporate mission, and generally accepted
ethical standards set forth by the collection industry.
Severability:
If any provision of this Contract will be held to be invalid or unenforceable for any reason, the remaining
provisions will continue to be valid and enforceable. If a court finds that any provision of this Contract is invalid or
unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will
be deemed to be written, construed, and enforced as so limited.
Agreement for Collection Services with Credit Data Idaho, Inc. Page: 2
Amendment:
This Contract may be modified or amended in writing, if the writing is signed by the party obliged under the
amendment.
Governing Law:
Notice:
This Contract shall be constructed in accordance with the laws of the State of Idaho.
Any notice or communication required or permitted under this Contract shall be sufficiently given if delivered in
person or by certified mail, return receipt requested, to the address set forth in the opening paragraph or to such
other address as one party may have furnished to the other in writing.
Assignment:
Neither party may assign or transfer this Contract without prior written consent of the non -assigning party, which
approval shall not be unreasonably withheld.
Compensation:
CLIENT shall compensate CDI for services in the following manner;
All monies recovered from Accounts will be remitted in a monthly statement to CLIENT in NET or GROSS
format ( NET describing the retention of the fees from monies recovered at the time the statement is prepared,
and GROSS describing the remittance of the entire amount collected by CDI to CLIENT at the time the statement
is prepared with an invoice for services rendered) at the following rates;
For A Calculated Account Total of 129 % of Account Face Vale:
Pre -collect
Phase 1
N/A
TO
CLIENT
N/A
TO
CDI
Regular Collection
Phase 2
1 00% Of
Face Value
TO
CLIENT
29 %
Collec-
tion Fee
TO
CDI
Legal Collection
Phase 5
1 00% Of
Face Value
TO
CLIENT
29 %
Collec-
tion Fee
TO
CDI
All monies or other compensation received by CLIENT directly for accounts placed with CDI for collection
must be reported to CDI within three (3) working days.
All correspondence relating to actions of bankruptcy by the debtor must be reported immediately to CDI. All
other contact or correspondence from debtor to CLIENT after date of placement must be reported to CDI within
three (3) working days.
CDI accrues and retains interest on all accounts placed at the rate legally described unless specifically directed in
writing by CLIENT not to.
The terms of the Collection Department Policy and Procedures are included in whole with this agreement and will
be abided by in whole by CLIENT as part of this contract.
Agreement for Collection Services with Credit Data Idaho, Inc. Page: 3
Entire Agreement:
This Contract contains the entire agreement of the parties, and there are no other promises or conditions in any
other agreement whether oral or written concerning the subject matter of this Contract. This Contract supersedes
any prior written, oral or implied agreements between the parties.
In Witness Whereof, the parties have hereunto set their hands and seals the day and year
described above.
Credit Data Idaho, Inc. CLIENT:
Signature: Ja.1qatAul
Print Name: jar, Cabri-e l
Title:
1)e.c'ouw1f &eaclve.
Date:
Signature:
Print Name:
Title:
10\41. vs/Nor°�
Date:
Agreement for Collection Services with Credit Data Idaho, Inc. Page: 4
Attachment A
Idaho Code allows for PUBLIC AGENCIES to recover collection or recovery fees. Below are
two Idaho statutes, which must be met by an Idaho PUBLIC AGENCY in order to recover the
fees from the debtor.
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 23
MISCELLANEOUS PROVISIONS
67-2327. DEFINITIONS. "Public agency" means any city or political
subdivision of this state, including, but not limited to counties; school
districts; highway districts; and port authorities; instrumentalities of
counties, cities or any political subdivision created under the laws of the
state of Idaho; any agency of the state government; and any city or political
subdivision of another state.
"State" means a state of the United States and the District of Columbia.
If Credit Data Idaho, Inc.'s client qualifies as a "PUBLIC AGENCY", then complete compliance
by the "PUBLIC AGENCY" of the statute listed below will allow for the recovery fees to be the
responsibility of the debtor.
TITLE 67
STATE GOVERNMENT AND STATE AFFAIRS
CHAPTER 23
MISCELLANEOUS PROVISIONS
67-2358. COLLECTION OF PUBLIC DEBTS -- FEES.
(1) (a) Public agencies, as defined in section 67-2327, Idaho Code, may
retain by written contract a collection agency that has a permit pursuant to
chapter 22, title 26, Idaho Code, for the purpose of collecting public debts
owed by any person, including any restitution that is being collected on
behalf of a crime victim.
(b) Any public agency using a collection agency as provided in this section
may add a reasonable fee, payable by the debtor, to the outstanding debt for
the collection agency fee incurred or to be incurred. The amount to be paid
for collection services shall be left to the agreement of the public agency
and its collection agency or agencies, but in no case shall a contingent fee
exceed thirty-three percent (330) of the unpaid debt per account.
(2) (a) No debt may be assigned to a collection agency unless there has been
a reasonable attempt to advise the debtor of the debt and at least thirty
(30) days have elapsed from the time such notice was attempted. The public
agency shall maintain a record of all attempts to notify the debtor of the
existence of the debt.
(b) As used in this subsection, "reasonable attempt" means that the public
agency has notified the debtor, either by mail, electronic transaction,
telephone or in person, of the existence of the debt and that the public
agency is attempting to collect the debt and any information obtained will be
used for that purpose. At least one (1) notice sent pursuant to this
subsection shall be in writing and shall state:
(i) The amount of the debt;
(ii) That unless the debtor, within thirty (30) days after receipt of notice,
disputes the validity of the debt, or any portion thereof, the debt will be
assumed to be valid by the public agency;
(iii) That if the debtor notifies the public agency in writing within the
thirty (30) day period that the debt, or any portion thereof, is disputed,
the public agency will obtain verification of the debt and a copy of such
verification will be mailed to the consumer by the public agency; and
(iv) That the public agency may employ a debt collection agency to collect a
debt, which may result in additional costs to the debtor if the debtor fails
to pay the debt.
(3) Collection agencies acting pursuant to this section shall have only
those remedies and powers which are available to them under chapter 22, title
26, Idaho Code.
(4) For purposes of this section, the term "debt" shall include all
debts, including the fee required under subsection (1) (b) of this section,
except as otherwise provided by law.