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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.