AGREEMENT
This
Agreement is made and entered into this _______ day of June, 2008, by and
between Gila Corporation, d/b/a Municipal Services Bureau, a Texas Corporation
[hereinafter, "MSB"], and the City of Lawrence [hereinafter, the
"City"], who agree as follows:
I. ADMINISTRATIVE RESPONSIBILITIES.
A. Defendant Contact. MSB will mail notices, telephone or otherwise
contact those individuals who the City has identified to MSB as having
outstanding and unpaid fines or similar items payable to the City (these
individuals are referred to herein as the “Defendants”) in order to attempt to
notify Defendants of their obligation to the City. The purpose of the contact is to offer
Defendants the opportunity to resolve their obligation voluntarily, before the City
contemplates further action. The City
will provide the name and last known address of the Defendants, all information
regarding the date(s) of the alleged violation(s), the date judgment was
entered against the Defendants in the court having jurisdiction over the matter
or the date the citation was filed, and the amount of any such fine(s). The City, to the extent available, will also
supply MSB with any other information about a Defendant such as driver license
number, social security number and telephone number. When appropriate, MSB will attempt to locate
Defendants when the last known address is invalid. The information supplied to MSB by the City
must be in a format acceptable to MSB and shall be provided not less frequently
than monthly.
B. Correct
Information. MSB will rely
completely on the City to provide correct information about the Defendants'
existing cases and, specifically, about any dollar amount in question and the City
will immediately update and correct any information it has provided to
MSB. In particular, the City will
immediately notify MSB of any payment or other satisfaction of judgment made
directly to the City or any other action affecting the amount or timing of
monies owed by the Defendants to the City.
C. Defendants
Referred to the City. MSB will refer
Defendants who wish to resolve their obligation with the City other than by
payment to the person designated by the City to respond to the Defendants'
request.
D. Valid Debts. The City agrees that Defendant accounts
placed with MSB for collection will be valid and legally enforceable debts and
not disputed or subject to any bankruptcy proceeding, unless otherwise
disclosed in writing to MSB by the City.
II.
COMMISSIONS ON
FINES COLLECTED.
A. Commission Rate. In accordance with Kansas State Law, up to a
33% collection fee may be added to cases referred for collection after July 1,
2007. All cases referred by the City following
the execution of this contract will have a 25% collection fee added to the
total balance due. For all Defendant
accounts referred by the City to MSB for which the City is paid (in whole or in
part), regardless of whether payment is accepted directly by the City or by MSB
on the City's behalf and regardless of whether twenty-five (25%) percent is
added to the original balance or not, the City will pay to MSB, in Travis
County, Texas, a twenty (20%) percent commission rate on the amount
collected. Example: $100 original
balance x 125%= $125. $125 collected x 20% fee = $25 fee.
All non-parking cases referred
for collection prior to the execution of this contract for which the City is
paid, (in whole or in part), regardless of whether payment is accepted directly
by the City or by MSB on the City’s behalf, the City will pay to MSB, in Travis
County, Texas, a twenty-two and one-half (22.5%) percent commission rate on the
amount collected.
All parking cases referred for
collection prior to the execution of this contract for which the City is paid,
(in whole or in part), regardless of whether payment is accepted directly by
the City or by MSB on the City’s behalf, the City will pay to MSB, in Travis
County, Texas, a thirty-three (33%) percent commission rate on the amount
collected.
B. Notification of Collections. MSB will notify the City daily of any monies
it receives from Defendants towards payments of fines. The City, through
the Municipal Court, may then accept or reject the payment offered by the
Defendant. By the fifteenth of each
month, MSB will provide detailed reporting to the City to identify all cases
known to be collected during the prior month and to remit monies collected on
the City’s behalf. MSB makes no
warranties or representations, expressed or implied, about the amount of funds
that will be collected and MSB shall have no liability for any amounts
uncollected. The City authorizes MSB to
endorse negotiable instruments made payable to the City and provided to MSB in
payment of fines collected. The only liability of MSB will be to forward any
funds collected to the City and provide a monthly invoice for commissions due
on the funds collected on the City’s behalf.
For
funds collected by the City, on Defendant accounts referred, the City will
notify MSB as soon as possible, but not less than weekly and MSB will invoice
the City for commissions due. The City
agrees to review the invoice and forward payment to MSB within 30 days of
receipt of the invoice.
III. TERM AND TERMINATION.
The
term of the contract shall be for one (1) year commencing upon signature by
both parties. By mutual consent of the
City and MSB, the contract may be renewed for two (2) additional one-year
terms. It is understood and agreed that
the Contract shall be renewed at the same price and under the same conditions
governing the original Contract.
This Agreement will remain in full force and effect
until terminated by either party in writing, with thirty (30) days prior
notice, to the other at the addresses set out in this section. If the Agreement is terminated, any case information
then held by MSB will be returned to the Court ninety (90) days after the date
of termination. This agreement
supersedes all prior oral and written agreements between the parties and can
only be amended if done so in writing and signed by all parties. The effective
date of this contract shall be the later of the date indicated above or the
date that actual (live) submissions are received by MSB.
Notices to MSB: Municipal
Services Bureau
Attention: Dawna Aigner
Notices to
City: Vicki Stanwix, Court
Administrator
City of
IV. OTHER PROVISIONS.
A. Indemnification.
(i) The City shall be liable for and shall indemnify, defend and
hold MSB harmless from and against any and all suits, actions, claims and
demands, and costs, expenses and attorney fees incurred in connection (a) with
information provided to MSB by the City, (b) the failure to provide information
to MSB or (c) with the failure of the City to disclose to MSB that the a
Defendant account is disputed, paid in part or full, satisfied, or alleged to
be subject to any defense or bankruptcy proceeding.
(ii) MSB will indemnify and hold harmless the City from and
against any and all loss, damages, liability, claims or injury resulting from
all actions performed by MSB or its agents on MSB's behalf in connection with
this Agreement; provided, however, that this Agreement shall not apply with
respect to any erroneous information furnished to MSB by the City nor shall it
apply to any act or omission of the City.
B.
Applicable Law. This Agreement will be construed in
accordance with the laws of the State of
C. Force
Majeure. No party shall be liable for any failure to perform its
obligations in connection with any action described in this Agreement, if such
failure results from any act of God, riot, war, civil unrest, flood,
earthquake, or other cause beyond such party's reasonable control (including
any mechanical, electronic, or communications failure, but excluding failure
caused by a party's financial condition or negligence).
IN WITNESS WHEREOF, the parties to this
Agreement have signed and delivered this Agreement on the day and year first
above written.
MUNICIPAL SERVICES BUREAU:
By:
Name:
Title: Chief Marketing Officer
CITY:
By:
Its and representative duly authorized to execute
this Agreement.