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HomeMy WebLinkAboutAD11-196 - Original - AllianceOne - Collection Services Agreement - 09/17/2004 Aft'lance ne Receivables Management Specialists COLLECTION SERVICES AGREEMENT THIS AGREEMENT Is entered into between KENT MUNICIPAL COURT, hereinafter called "COURT," and AllianceOne Receivables Management, Inc, an AllianceOne company, hereinafter called "AOI." This agreement shall be considered as an addendum to that certain King County District Court Contract No. M10219M, but shall also be effective on its own terms should said King County District Court Contract expire or otherwise be inapplicable in whole or part. 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 Just 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 DEBTOR where allowed by applicable law, out of first monies recovered. 6. Indemnification. Each party will indemnify and hold harmless the other party from and 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, conditions, 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. 8. Compensation and Method of Payment. For services provided pursuant to this Contract, the Contractor shall be entitled to compensation as follows: A. Pre-Collection Demand Letter No Charge COLLECTION SERVICES AGREEMENT Page 2 B. Collection Fees:The Court will assess a Collection Fee pursuant to RCW 3 02 045. Unless otherwise instructed by the Court,for accounts assigned to collection by the Court and collected by the Contractor from the debtor,the Contractor shall add this Collection Fee to the principal amount of the debt to each account by category of account as set forth below 1. A 29%Add-on fee(0 2248 retained)for secondary/historical accounts that are either(a) transferred to the Contractor from former collection agency or(b)aged four years or older from the effective date of the Contract 2. A 24%Add-on fee(0 1935 retained)for secondarythistorical accounts that are either(a)first assigned to the Contractor through its previous contract with the County or (b)aged up to four years from the effective date of the contract. 3 A 19%Add-on fee(0 1596 retained)for new accounts assigned to the Contractor on and after the effective date of this contract C. Partial Payments, Partial payments made on assigned accounts shall be remitted to the Court based upon the same pro rata formula applied to accounts that are paid in full. By way of illustration, and assuming a 19%add-on fee. $100 fine x 19% = $119 new balance to be collected; a $50 payment received would be remitted as follows: $42 02 to the Court, $7 98 to the Contractor($7.98= .1596 of$50). D. Interest on Accounts. Upon assignment to collections and only while in active collection status, interest shall accrue on unpaid civil judgments, penalties, fines, bail forfeitures, assessments, fees and costs at the rate of twelve percent per annum.The interest shall be added to the account by the Contractor, collected by the Contractor, and remitted in full by the Contractor to the Court E. Monthly Payment Collection Services and Fees-The Contractor will offer the Signal Credit Management Services Program for Court clients The Court will assess and the Contractor may add fees for this service("Service Fees")as follows 1. $15 00 Account Set-Up Fee: a one-time charge per client per court of limited jurisdiction 2. $ 4.75 Monthly Fee-.,one charge per account per client with one case. 3. $ 8 25 Monthly Fee.one charge per account per client with multiple cases 4. $ 7,75 Monthly Fee:one charge per account per client with one case in "past due status " 5. $11 25 Monthly Fee:one charger per account per client with multiple cases In"past due status." Service Fees shall not be added to the principal amount of the debt for purposes of calculating the Contractor's Collection Fee authorized in paragraph B above. F. Remittance Method, For payments to accounts collected by the Contractor, the Contractor shall deduct the Collection Fee prior to remitting the principal amount to the Court, as presently authorized by state law and an enabling Court Order. G. Change in Law Should there be changes in laws or Court policy which prescribe/allow a different method for recovering Collection Fees,the Contractor shall modify its methods accordingly, upon instruction from the Court. 9. Payments to COURT. A payment made on behalf of a debtor directly to COURT on an assigned account will be promptly reported to AOI by COURT 10. Nectotlabie 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 Revised 07/04 I COLLECTION SERVICES AGREEMENT Page 3 instrument fees, and to retain any recovered fees per compensation section of this agreement, whether such instruments were issued before or after assignment of the account 11. Account Audits COURT may audit AOI's records pertaining to accounts assigned for collection upon reasonable notice. 12. 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 13. Non-discrimination. AOI, in its collection efforts,will not discriminate against any DEBTOR 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 14. 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. 15. Entire Agreement. This Agreement, along with King County Contract No. M10219M, constitutes the entire understanding between AOI and COURT regarding collection services provided to COURT by AOI, and may not be modified except by written agreement signed by both parties For purposes of this agreement, the term "County' as contained in the King County Contract No. M10219M, shall mean "City' unless a different meaning is obvious. IN WITNESS WHEREOF,the parties have executed this contract on the date last written below. AllianceOn ceivables Management, Inc. KENT MUNICI AL COURT t BY: BY: Glenn Phillips TITLE: TITLE. Presiding Judge ADDRESS: 6565 Kimball Drive, Suite 200 Approved as to Form: P. 0 Box 2449 Gig Harbor, W y98335-4449 DATE: Z" 4 OEity ttorney ADDRESS 1220 Central Ave. S. Kent,WA 98 J032-7426 DATE: 9—1 7 -D zl Revised 07/04 Client#: 1370 TELEPERGRO DATE(MMIDDNYYY) ACORDTM CERTIFICATE OF LIABILITY INSURANCE 1 03/29/2016 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy()es)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). TACT PRODUCER NAME: Sean SheWell Moreton&Company-Utah PHONE 801 -531 1234 — T�i NeL801u531-6117 31 P.O. Box Box 58139 E-MAIL ADDRESS:,_.. Salt Lake City,UT 84158-0139 INSURER(S)AFFORDING COVERAGE NAIL f1 801 531-1234 , INSURER A:Federal Insurance Company 20281 INSURED INSURERS:St-Paul Fire&Marine Ins.Co. 24767 Teleperformance Group,Inc. INSURER C:American Zurich Insurance Compa 40142 6510 Millrock Drive,Suite 150 INSURER DGreat Northern Insurance Co. 20303 Holladay,UT 84121 INSURER E INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REOUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. IN R TYPE OF INSURANCE fN3RL WVD POLICY NUMBER MM DIDYIYEYW MNWD/ LIMITS - A GENERAL LIABILITY 35911047 12/31/2015 12/31/201 6.,EACH OCCURRENCE S1,000,000 X COMMERCIAL GENERAL LIABILITY RAMAGE TO RENTED REMISES RENTED S1 OOOOOO _ CLAIMS-MADE Fy OCCUR MED EXP(Any one person) $1 O 000 PERSONAL&ADV INJURY $1 00O 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMPIOP AGG s2,000,000 POLICY PRO LOC S D AUTOMOBILE LIABILITY 73559843 12/311201512131/201 EaaccidentslNGLELIMIT 1,000,000 X ANY AUTO BODILY INJURY(Per person) $ _ ALL OWNED SCHEDULED BODILY INJURY(Per accident) S AUTOS AUTOS NON-OWNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS i Par acc dent X Drive Oth Car $ A X UMBRELLA LIAR X OCCUR 79877170 12/31/2015 12/31/2016 EACH OCCURRENCE $49000000. B �(IDED EXCESS LIAB _ X_ CLAIMS-MADE ZUP12R0528A15NF 12131/2015 12131/201 AGGREGATE —_ s49�000,000 I X RETENTION S1 OOOO S C WORKERS COMPENSATION WC924284404 4/01/2016 04/011201 X TORYLI ITU. OTH- AND EMPLOYERS'LIABILITY ANY FICERI EMBRIETER EXRTNERDXECUTIVE_? IllN A E.L.EACH ACCIDENT $1 000 000 (Mandatory In NH) j E.L.DISEASE-EA EMPLOYEE S1,000,000 If yes.describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT 51,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) Verification of Insurance subject to the terms and conditions of the policy. CERTIFICATE HOLDER CANCELLATION City of Kent SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Y THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Attn: Robert Goehring ACCORDANCE WITH THE POLICY PROVISIONS. 220 Fourth Avenue South Kent,WA 98032-0000 AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION.All rights reserved. ACORD 25(2010/05) 1 of 1 The ACORD name and logo are registered marks of ACORD #S8044541M804425 SEASH