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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. phi B ` "` BY: (A) ITi e: , 4.,, `► Jr. Title: President fD e• I�ira , :if Date: j� �9 j/ • d 00 !° r p,;;, r, ,rtt o o 5 y„ 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 ,/ ."1,.47„ '\.eit..i ,. 171 I re. .c bei i i i ¢gc� ®lb % if • 0 +c ~44.wwMo.' 41