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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 Collection Services Agreement June 13, 2017 Page 1 of 3 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 Collection Services Agreement June 13, 2017 Page 2 of 3 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 Page 3 of 3