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HomeMy WebLinkAboutCapital Recovery Systems, Inc./Courts Capital Recovery Systems, Inc 750 Cross Pointe Rd , SuitetS Columbus, Ohio 43230 614-575-0590 INDIANA CITY COURT DEBT COLLECTION AGREEMENT 1 RECITALS Effective at date of signing the Carmel Cay Court (herein after called the Client ) enters into this agreement with Capital Recovery Systems Inc (herein after called Capital ) for the benefit of the Client for the collection of delinquent accounts receivable fines court costs judgments and other debts for the Client Each party agrees it is giving and receiving adequate and valuable consideration Capital represents itself as expert in debt collection services provided to governmental entities is thoroughly familiar with-Federal and State of Indiana laws governing debt collection and is retained to provide services to the Client relating to the collection of public moneys due end payable to the Client All services shall be rendered in accordance with the terms and conditions of this agreement and applicable. law Capital shill be compensated only in accordance with the express written provisions of this agreement out of moneys collected by Capital for Client Capital shall not be compensated by any other party shall not look to general fund moneys of client other than moneys paid over to client and identified for pivment of Capitals compensation earned under this agreement nor shall Capital be compensated in excess of the amount described in this agrei,ment Any and all matenal commissioned or gathered by or in possession of Capital that Ills been generated to fulfill an obligation under this agreement including names and addresses of potential witnesses shall be considered the pioperry of the Client Capital agrees to adhere to Indiana Revised Codes and maintain alt public records accordingly All responses to public records requests require approval of the Client In the event this agreement is teiminated by any of the pames to this agreement Capital shall bo paid the agreed fee for all debts due the Client lawfully collected by Capital pow to termination as specifically limited by the terms of this agreement If Capital is remoxed from any case or matter then Capital agrees to effectuate a speedy and efficient transfer of work and to cooperate with the Client Capital agrees to protect the Clients interest in any transfer of work Ghent may withhold final payment to Capital if Capital fails to transfer all files documents and materials when so requested by Client In view of the personal (ite particular) nature of services under this appointment the Client shall be the sole judge of the adequacy of those services This agreement is not assignable The parties further agree as follows 2 TERM This agreement is for three(3)years from the date of signing and shall stay in effect for the stated lenLth of the agreement unless one of the following occur the agreement is terminated with a 30 day notice submitted by the Client or as a result of the completion of all work for the assignment or as a result of Capitals failure to perform its obligation under this agreement to Client s complete satisfaction Capital shall render no services after the termination and no further services shall be compensable without an additional authorized wntten'agreement with the Client 3 SERVICES A SCOPE OF APPOINTMENT Capital shall conduct any and all collection work assigned M. the Client Both parties recognize that the appointment is personal (i a particular) in nature and does`not extend to any collection agency or firm that Capital is associated with or is a partner of B DELEGATION or WORK Capital may not delegate work to another collection agency or any other entity whether or not such agency or entity is affiliated with Capital No such attempted delegation of duties by Capital will relieve Capital of any responsibility under this agreement No provision of this agreement shall be construed to salow Capital to subcontract with hire or retain any collection agency or other legal entity engaged in debt collection C INDEPENDENT CONTRACTOR RELATIONSHIP Capital will render services pursuant to this appointment as an Independent contractor Capital shall not be regarded as in the employment of or'is an employee of the Client Capital shall pay and make all required filings in connection with city state and federal payroll taxes pensions and/or social security contributions workers compensation premiums Ind any and all other required payments on filings in connection with the engagement of any persons or firms which Capital may de in performing its responsibilities tinder this agreement Pursuant to this agreement Capital shall conduct its collection activities in a manner consistent st ith the direction rules and policy of the Client in their performance under this agreement D INFORMATION CONFIDEN1IALITY Capital agrees to maintain the confidentiality of and not to otherwise disclose any of Clients information provided by the Client to Capital in violation of applicable Federal and State of Indiana laws or Clients ordinances Capital further agrees not to sell or disclose any information or listings of accounts forwarded to Capital by Client E WITHHOLDING TAXES Capital agrees to pay applicable state federal and local withholding taxes on salanes and commissions paid to its employees F CLAIM ASSIGNMENT Capital agrees to abide by all policies and procedures promulgated by the Client relating to the collection of sums certain due for specified period of time and payable to the Client Each claim assignment to Capital is for a minimum of one(l)year and may remain with Capital longer at the Client s discretion G LEGAL COMPLIANCE AND INDEMNIFICATION Capital agrees that all operations by Capital in performing this agreement shall be in complete compliance with all federal state and local constitutions charters statutes ordinances rules and regulations of whatever nature Warning It is unlaw ful for officials and employees of Client to receive gratuities Discrimination by Capital on grounds of race religion color ancestry nature of origin or sex is unlawful and shall subject Capital to forfeiture Capital warrants that it shall comply w ith any and all Cannel City ordinances as pertaining to employment discnmmation Without limiting the general and comprehensive nature of the preceding paragraph and intending to emphasize the importance of compliance with certain requirements Capital shall fully comply with all applicable requirements and limitations imposed under the Fair Debt Collection Practices Act(FDCPA) The Fair Credit Reporting Act(FCRA)and the United States Bankruptcy Code as they may pertain to Capital performing this agreement Capin)agrees to indemnify Client from any liability and to save the Client harmless from any damage which Client may suffer as a result from acts or omissions of Capital or any employee or agent of Capital including reimbursing Client for and all litigation costs including attorney fees which Client may incur in defending against such liability and damage The Client assumes no responsibility for any derogatory credit reporting for any claim assigned to Capital 4 COMPENSATION Capital will be compensated for services through payment of a fee from funds collected by Capital on a specific claim in an amount approved by the Client or his/her designee Client shall add 130%collection fee as provided by Indiana Code 5 22 6 5 to each claim assigned for collection to Capital This fee shall be the only moneys Capital may commission on and Capital can on') receive its commission after the Client has received all other moneys due on an individual claim that has been assigned to Capital by the Client for collection Capital will remit moneys collected on behalf of Carmel City Court weekly net Capital s fee Capital agrees to notify Client daily of any monies collected and to what case or claim they have applied those collections 5 STATUS REPORT At the request of the Client Capital shall submit status reports on each claim The status report shall describe the current status on each claim the date the claim was placed the amount of moneys collected to date and the claim case or account number assigned by the Client 6 OTHER TERMS AND CONDITIONS A COUNTERPARTS This agreement may be executed in one or more counterparts each of which shall be an original and all of which constitute one and the same instrument B SEVERABILITY OF TERMS AND CONDITIONS Any term or condition judged to be invalid in this agreement shall not invalidate the other terms and conditions C EQUAL OPPORTUNITY I The contractor will not discriminate against any employee or applicant for employment because of race color religion sex or national origin The contractor will take affirmative action to ensure that all applicants are employed and employees are treated during employment without regard to race color religion sex or national ongm Such action shall include but not limited to the following employment upgrading demotion,or termination rates of pay or other forms of compensation and selection for training Capital agrees to post in a conspicuous place available to all employees and applicants for employment notices summarinng the provisions of the Equal Opportunity Clause 2 Capital will in all solicitations or advertisements for employees placed by or on behalt of Capital state that Capital is an equal opportunity employer 3 Capital shall permit access to any relevant and pertinent records or reports and documents for the sole purpose of venfying compliance with this section and with Client 4 Capital will not obstruct or hinder any ECO officer in the fulfillment of the dunes and responsibilities imposed by Article I Title 39 5 Capital will include a summary of this Equal Opportunity Clause in every subcontract Capital will take such action with respect to every subcontractor as is necessary as a means of enfoicing the provisions of the Equil Opportunity Clause D GENDER REFERENCES hor the purposes of contract interpretation in every place where a reference to gender is appears die masculine shall be interchangeable with the feminine and the feminine with the masculine E INTEGRATION This agreement is fully integrated and as such constitutes die entire understanding of the parties Both parties agree that there is no other understanding or agreement than the terms expressly stated or through the documents incorporated by reference herein This agreement may only be modified by another writing signed by both parties I JURISDICTION AND CIIOICE OF LAW This agreement shall be administered in the Client s locality shill be interpreted under the laws of Indiana and both parties consent to complete jurisdiction in the Client s County This agreement and any claims arising in any way out of this contract shall be gosemed by the Laws of the State of Indian, Any litigation arising out of or relatmg in any way to this agreement or the performance hereunder shall be brought in the courts of Indiana and both parties herby irrevocably consent to such jurisdiction G TERMINATION The Client reserves the right to terminate this agreement at and time in his/her sole discretion and without cause or duty of explanation Capital may terminate this duties and obligations under this agreement upon thirty(30)days written notice to the Client Termination on part of Capital shall not be effective if the Client finds that such termination prejudices the Client H RENEWAL CLAUSE Renewal Unless another contract is signed by the parties hereto replacing this agreement or unless written notice of termmation is given by one party to the other as stated in 6G the parties hereto agree that this contract shall be automatically renewed automatically each year on the anniversary date of this contract I MEDIA STATEMENTS The parties agree that neither Capital nor any partner associates employee or any other person assisting with the work contemplated with this agieement shall speak to any representative of a television station radio station newspaper magazine or any other media outlet concerning the work outlined in this agreement without first obtaining approval of the Client This agreement specifically excludes any right or ability on part of Capital to speak on behalf of the Client to any member of the news media IN WITNESS WI IEREOF the undersigned represent they are authorized to enter into this agreement numbering five(5)pages The undersigned acknowledge they have read and understand all terms set forth herein By affixing their signatures below the party s evidence their intent to be bound hereto Carmel City Court Capital RecoN ery Systems,Inc Signature Signature Title Title / / / / Date Date