HomeMy WebLinkAboutAGREEMENT WITH CCI (CONTRACT CALLERS, INC.) FOR COLLECTION SERVICES_ STORMWATER UTILITY FEE DELINQUENT ACCOUNTS COLLECTION Contract
Callers Inc.
AGREEMENT FOR COLLECTION SERVICE
This agreement for collection services is entered into this 29 of October
2018 , by and between CONTRACT CALLERS,INC. (hereinafter"agency")and
Augusta EngineeringDepartment . (hereinafter"client").
I.COLLECTION SERVICES AND PROCEDURES
1.1 Agency agrees to accept all accounts receivable(hereinafter"accounts")referred to
Agency by Client(Storm Water). It is expressly agreed that any and all Account
information disclosed to Agency through placement of Accounts will remain in the
strictest confidence and will not be disclosed to any other party without Client's
written authorization.
1.2 Agency will use reasonable efforts to collect Accounts referred by client. Agency
agrees that it shall comply with all provisions of the Fair Debt Collection Practices
Act(FDCPA)and all applicable state statutes.
1.3 Client authorizes agency to commence collection procedures when client provides
Agency with the information pertaining to the account. Agency has determined that
the following information constitutes the minimum necessary to perform the services
of paragraph 1.2 hereof. Client is relying on Agency's determination of the minimum
information it requires hereunder. If,during performing services hereunder, Agency
determines that it requires additional information from Client,Agency's request for
such additional information will be considered a representation by Agency that the
requested information is reasonable and necessary for the performance of duties
hereunder.
The parties agree that the following information is reasonably
necessary to effectuate services under this agreement:
A. Name and address of the consumer and responsible party if different
from consumer.
B. Social Security Number for consumer and responsible party if
different from consumer if available
C. Date of Service on Accounts
D. Balance Owed
E. Phone number to contact consumer and type of telephone(mobile, POE,
Home)
F. Place of Employment if available
1.4 Client may withdraw any Account assigned to Agency at any time for any reason
provided there is no active payment plan in effect.
501 Greene Street
Suite 302
Augusta, GA 30901
1.5 Agency will report all Accounts to Equifax, Experion,and Transunion if the Client
selects this service by initialing here.
1.6 Agency will promptly advise Client of any Account on which a notice of bankruptcy
has been received.
1.7 Client will promptly advise Agency of any account on which a notice of bankruptcy
has been received.
1.8 Client will promptly notify Agency of any payments that have been received by
Client on Accounts that have been placed with Agency.
1.9 Client authorizes Agency to endorse negotiable instruments made payable to Client
for purposes of depositing funds into Agency's escrow account.
1.10 Client acknowledges that in connection with the collection of delinquent consumer
debts,the FDCPA requires that an Agency provide the consumer with verification of
the underlying obligation if that request is made to Agency,in writing, by the
consumer within 30 days of our initial communication with the consumer. The law
prohibits an Agency from collecting on any obligation once said verification has been
requested, until such time as said verification has been mailed by the Agency to the
consumer. Client acknowledges that in any situation in which it does not provide
Agency with the requested verification; Agency can no longer legally attempt to
collect on said account. In such case,Client acknowledges that the Agency will
return said account to Client.
1.11 Client acknowledges that Agency will not be held liable for any payment that is
returned unpaid from consumer's bank. If Agency has already made payment to
Client on said account,then Client agrees that Agency will be reimbursed the full
amount.
II. FEES FOR SERVICES
2.1 As full compensation for it services,Agency shall receive a contingency fee of
25 % on all monies collected on"Primary Accounts"placed for collection.
For this contract"Primary Accounts"shall be defined as all Accounts that have not
been worked by another collection agency prior to being placed with Agency.
III. REMITTANCES
3.1 Agency shall remit by the 20`h of the month all monies, less fees due,collected
during the preceding month and shall invoice Client with a statement summary.
501 Greene Street
Suite 302
Augusta,GA 30901
IV.REPORTING
4.1 Agency shall submit to Client an"Acknowledgement Report"of all Accounts
received for collection within one week of receipt of Accounts.
4.2 Agency shall submit to Client a"Remittance Report"every month outlining all
monies collected on Accounts.
4.3 Agency shall submit to Client a"Close Report"every month outlining all accounts
that have been returned to Client. This report will include, but is not limited too
bankruptcies, deceased,and Client recalls.
V. COMPLIANCE
5.1 Agency agrees to collect Accounts in strict compliance with the Fair Debt Collection
Practices Act(FDCPA).
5.2 Agency agrees to collect Accounts in strict compliance with all State Law.
5.3 Agency agrees to collect Accounts in strict compliance with all Local Laws.
5.4 Agency agrees to collect Accounts in strict compliance with all of the Clients'
guidelines and rules.
VI.TERMS AND TERMINATION
6.1 The Term of this agreement shall become effective when both parties have signed
said Agreement. The Agreement is for one year and will automatically renew each
year on signature date.
6.2 Cancellation of Agreement can be made with a 90-day written notice by either
Agency or Client.
(a) This termination does not apply to any accounts where legal
action has already been approved by Client and started by
Agency or its' agents.
(b) This termination does not apply to any accounts where payment
plans are in effect and Agency has received a payment in the
previous 45 days.
VII. INDEMNIFICATION
7.1 If the acts of employees, agents, designates, servants or representatives of Agency
result in any legal action or suit be initiated against Client,Agency will accept full
responsibility for defense of said action and payment of litigation expenses incurred
in any resulting judgment.
7.2 Client agrees to accept full responsibility for any legal action or suit initiated against
Agency if said suit or legal action is from the attempts to collect on an Account that
has been determined to be a legally unenforceable debt.
501 Greene Street
Suite 302
Augusta,GA 30901
VIII.ASSIGNABILITY
8.1 This Agreement is not assignable by either party without the prior written consent of
the other.
IX.APPLICABLE LAW
9.1 The Laws of the State of Georgia shall govern this Agreement. If any provisions are
deemed unenforceable all other provisions shall remain valid and in full effect.
X.ENTIRE AGREEMENT
10.1 This Agreement constitutes the entire Agreement and understanding between the
parties. Any prior Agreements,written and verbal,shall become null and void with
the signing of this Agreement.
XI.AMENDMENT
11.1 This Agreement or any of it provisions, may be modified or amended at any
time during its term,but only by an amendment in writing,signed by both parties
setting out such amendment or modification in full.
In witness whereof,the parties have caused this agreement to be duly executed this
of
CONTRACT CALLERS. INC.
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BY: (A)
ITi e: , 4.,, `► Jr. Title: President
fD e• I�ira , :if Date: j� �9 j/
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501 Greene Street
Suite 302
Augusta,GA 30901
Contract
Callers Inc.
ADDENDUM No. I TO
MASTER PROFESSIONAL SERVICES AGREEMENT
This Addendum No. 1 ("Addendum"),made effective as of October 29,2018
, ("Effective Date"), is between the Augusta Engineering Department (referred to
hereinafter as the"Client")and Contract Callers Inc.,(referred to hereinafter as"Agency").
WHEREAS, effective on October 29, 2001 Augusta Utilities Department and Agency
entered into a Master Professional Services Agreement("Agreement"); and,
WHEREAS, client desires to more expressly set for the parties' rights and obligations
with respect to Customer Information(as defined below)and Consultant is agreeable to this;
NOW THEREFORE, in consideration of mutual covenants and agreements set forth
herein, the parties agree as follows:
1. Agency will accept accounts for collections from the Engineering Department of Augusta
Georgia starting with the effective date of this agreement.
2. Except as expressly,or by clear implication,modified by this Addendum,all other terms
and conditions of the Agreement are unchanged by this Addendum.
3. Agency will report accounts with balance as determined by the Client and up to Experian,
Equifax and TransUnion.
IN WITNESS WHEREOF,the parties have caused this Addendum to be executed by their duly
authorized representatives as of the Effective Date. For purposes of this Addendum,signed
copies shall be considered the same as signed originals of this Addendum.
Client Agency
By: o.,- /72 Ck.)
By:
AEA
it Name-tq A-✓�.., r •
.,.� Name: r ILI. c-7-
Tit
14� , I
, 3 Y,r •- /, Title: President
Da : / lL ��i 1,,�rL.„. , Date: reside 1
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