06-13-2017 Collection Services Agreement - Integral Recoveries, Inc.COLLECTION SERVICES AGREEMENT
THIS COLLECTION SERVICES AGREEMENT ("Agreement") is entered into June
13, 2017 ("Effective Date"), by the Town of Avon, a Colorado home rule municipality,
on behalf of the Municipal Court of the Town of Avon ("Municipal Court"), and
Integral Recoveries, Inc., a corporation organized under the laws of the State of Colorado
("Agency").
The parties agree as follows:
1. Scope of Services. Agency will provide Municipal Court with collection services
consisting of Agency's normal collection activities, including, without limitation,
correspondence and communications between Agency and the debtor and credit
reporting, as deemed appropriate by Agency and agreed to by Municipal Court. Agency
will provide services as an independent contractor and not as an employee of Municipal
Court. Services will commence immediately upon Municipal Court's assignment of a
debtor's account ("Account") to Agency.
2. Recovery and Agency Fee. The Account will specify the Judgment Amount (the
amount due the court for fines, fees, costs, surcharges and restitution). Agency may seek
to recover and may recover from the debtor an amount not greater than one hundred
twenty-five percent (125%) of the Judgment Amount. Agency will provide a monthly
remittance to the Municipal Court for eighty percent (80%) of all recoveries, retaining
twenty percent (20%) of all recoveries for its fee. In the event of full recovery, the
Municipal Court will be remitted its full Judgment Amount.
3. Term. This Agreement will commence on the Effective Date and will continue for
three (3) years. The parties may agree, in writing to extend the term. However, either
party may terminate this Agreement by giving thirty (30) days' written notice. Upon
expiration of the Term or termination by notice, the parties may agree that Agency may
continue collecting on those Accounts previously assigned to Agency under the same
terms as set forth in this Agreement until those Accounts are closed or are cancelled.
4. Manner of Assignment. Assignment of an Account will be effective as the date
Municipal Court submits the Account to Agency. Within fifteen (15) working days of
Agency's receipt of an assignment, Agency must submit a written acknowledgment of
assignment to Municipal Court. If Municipal Court does not receive the
acknowledgment within that fifteen (15) day period, Municipal Court may withdraw that
Account from Agency. After an assignment of an Account to Agency, Municipal Court
will refrain from contacting the debtor for collection purposes and will refer all matters
concerning collection to Agency for the duration of the period of assignment, unless
Municipal Court cancels the Account as provided below.
5. Cancellation of Accounts. Accounts previously assigned to Agency for collection
will be cancelled prior to the expiration of the period of collection if: (a) Municipal Court
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withdraws an Account, by notice to Agency in writing; (b) Agency ceases collection
efforts on an Account it considers not collectable; or (c) the debtor files for bankruptcy
and Municipal Court directs Agency to take no further action after Agency informs
Municipal Court and the Office of the Town Attorney, in writing, of the filing for
bankruptcy.
6. Standards of Agency Performance. Agency agrees to maintain the following
minimum standards of operation and performance during the term of this Agreement and
to provide proof of compliance upon request by Municipal Court:
a. Maintain proper licensing and bonding as required by law; and,
b. Adhere to the provisions of all applicable laws and regulations, including the
Federal Fair Debt Collection Practices Act and the Fair Credit Reporting Act.
7. Audits. Municipal Court has the right to audit the accounts assigned to Agency at any
time upon advance written notice.
8. Litigation. No court action will be instituted for collection of Accounts by Agency
without prior written authorization from Municipal Court.
9. Progress Reports. Agency will provide Municipal Court with written reports relating
to collection activities, collection totals, dates of collection, and specific accounts when
requested by Municipal Court.
10. Payment Remittance. On or about the 15Th day of each month, Agency will provide
Municipal Court with a remittance for amounts due to Municipal Court collected during
the previous calendar month.
11. Governing Law: Venue. This Agreement will be construed in accordance with the
laws of the State of Colorado, the Home Rule Charter of the Town of Avon, Avon
Municipal Code, and Town of Avon Ordinances, Rules, and Regulations.
12. Indemnification. Agency releases the Town of Avon and will fully protect, defend,
indemnify, and hold harmless the Town of Avon, its officers, Town Council, directors,
employees, agents and representatives from and against any and all losses, claims of
personal injury, death or property damage, causes of action, costs and expenses, including
attorney's fees, or liability of any nature arising out of or related to Agency's
performance under this agreement
13. No Third Party Beneficiaries. This Agreement is intended to be solely for the
benefit of the parties and their respective successors and permitted assigns, and this
Agreement will not otherwise be deemed to confer upon or give to any other person or
entity any remedy, claim, cause of action or other right.
14. Notices and other Communications. Any notice or other communication given or
made under this Agreement must be in writing and sent by courier mail, with return
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receipt, or a copy may also be sent by facsimile or other electronic means. Any notice or
other communication will be addressed as follows and, if so addressed, will be effective
upon actual receipt.
If to Agency:
Integral Recoveries, Inc.
Terry Boe - President
750 W. Hampden Avenue, Suite 501
Englewood, CO 80110
If to Municipal Court:
Town of Avon
One Lake Street
P.O. Box 975
Avon, CO 81620
Attn: Debbie Hoppe, Town Clerk
dhopetit'°:avon.org
15. Non -Waiver. The failure of either party to insist, in any one or more instances, upon
strict performance of any of the provisions of this Agreement shall not operate or be
construed as a waiver of any subsequent breach by either party and all terms in this
Agreement will continue and remain in full force and effect.
16. Entire Agreement. This written Agreement constitutes the entire agreement and
understanding of the parties and supersedes all prior offers, negotiations, and other
agreements of any kind. There are no representations or understandings not set forth in
this Agreement.
MUNICIPAL COURT,
TOWN OF AVON, COLORADO
c
BY:
Municipal Court Ad iu strator
Date:
INTEGRAL RECOVERIES, INC
BY:
T Boe
President
Integral Recoveries, Inc.
Date: 6ot`c' ! �=
Collection Services Agreement
June 13, 2017
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