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Home My WebLink About00-012 - Evergreen Professional Recoveries - Collection ServicesEVERGREEN PROFESSIONAL RECOVERIESI INC. AGREEMENT FOR COLLECTION SERVICES City of Tukwila Addendum A 1. Evergreen will provide the City of Tukwila 10 Day Final Demand Notices at no charge. 2. Every account assigned to Evergreen from the City of Tukwila will be sent 1 (one) Pre -Collect Letter in accordance with RCW 19.16.500. The City of Tukwila will be charged the cost of $2.50 per pre -collect letter. 3. Evergreen will collect accounts for the City of Tukwila on a contingency fee basis as follows: Open Accounts Upon collection the City of Tukwila will receive 100 percent of the principle balance assigned on all open accounts. A collection fee of 40 percent will be added to all 1St placements. A collection fee of 50 percent will be added to all open accounts assigned that are considered 2nd placement, or have been previously placed with another agency for collections. NSF Checks Upon collection the City of Tukwila will be remitted 100 percent of the principle amount of the check assigned, and 50 percent of the assessed NSF charge ( as determined by the City of Tukwila ) to all 1St placements. Upon collection the City of Tukwila will- be remitted 100 percent of the principle amount of the all, Checks assigned for 2''d placement. 4. Evergreen will provide the City of Tukwila on-line remote access at no charge. Corporate Office 4042 148th Avenue N.E. • Redmond, WA 98052 Telephone (206) 223-1676 • Fax (425) 867-0431 • Toll Free 800-241-1305 • Email EVERPROF@aol.com EVERGREEN PROFESSIONAL RECOVERIESI INC. 7/// Ei J,,,. 2 4 zP110 csaaarElTukt GTO -0l, AGREEMENT FOR COLLECTION SERVICES EVERGREEN PROFESSIONAL RECOVERIES, INC., herein referred to as "collector" and City of Tukwila, herein referred to as "client", agree that the accounts placed with the collector are subject to the terms and conditions of the following agreement between parties: 1. Collection activities shall be in compliance with federal, state and local laws or regulations and the Fair Debt Collection Practices Act (F.D.C.P.A.), and be courteous and businesslike, consistent with the image and reputation of the client. 2. Collection made by collector of client's accounts will be deposited immediately in a separate trust account maintained in a bank for client, as well as other clients. 3. All collections made by collector of clients's accounts will be remitted to the client less collector's collection fee on the fifteenth (15) day of the following month of collections. All funds received by check will be held ten (10) business days before being remitted to client to eliminate the receipt of non sufficient funds. Collector will prepare a monthly remittance statement containing names, account numbers, date payment was received by collector or client, gross amounts of collections, and amount due client. Collection fees that are due to the collector on any statement to the client are due payable in full upon receipt of the statement by client. 4. Client agrees to forward any and all direct payments received on accounts placed for collection with collector. Merchandise accepted for return and credit is considered the same as payment. 5. To help offset collector's costs of investigation and search, client authorizes collector to add and retain interest at the rate allowable by law, to accounts placed for collection. 6 The collection fie on payments made to collector and direct to client on accounts placed with collector fat collection shall be as described in Addendum A. Corporate Office: 4042 148th Avenue N.E. • Redmond, WA 98052 Telephone (206) 223-1676 • Fax (425) 867-0431 • Toll Free 800-241-1305 • Email EVERPROFC aol.com EVERGREEN PROFESSIONA RECOVERESI INC. 7. Collector will not institute civil legal action on any client account without requesting and receiving client's written authorization to do so. Collector agrees to pay all costs of litigation unless client fails to appear, after proper notification, at scheduled trials and hearings. In such cases, if suit is dismissed with or without prejudice, client fails to appear for a trial or hearing client agrees to reimburse collector for filing fees, service fees, and attorney fees charged collector. If Clients case requires Collectors counsel to expand more then the average 6 hours per case, Client then has the option of retaining counsel to assist Collectors counsel or compensate Collector for any additional hours of their attorneys time at a rate of $100.00 per hour. At any time after legal action has commenced should the client decide for any reason to cease said action, client agrees to pay collector all legal costs and agreed commission. 8. Should legal action be required, the amount of the listed claims for client may be adjusted to that portion of the account that constitutes principal only. 9. Collector agrees to file any and all bankruptcy claims for client at the normal litigation rate. Collector reserves the right to forward any accounts to an affiliate out-of-state agency. 10. Collector agrees that listed accounts may be canceled by Client only if claim is paid prior to listing date. The voluntary collection rate will be charged for any and all accounts canceled unless otherwise agreed by Collector. 11. Client shall have the right, upon reasonable notice to collector and at reasonable times to inspect the collector's records to insure compliance with this agreement. 12. That in the event suit is filed as result of any dispute arising from this agreement, the prevailing party shall be entitled to recover its costs and expenses including its reasonable attorney fees. Corporate Office: 4042 148th Avenue N.E. • Redmond, WA 98052 Telephone (206) 223-1676 • Fax (425) 867-0431 • Toll Free 800-241-1305 • Email. EVERPROF@ aol.com EVERGREEN \ //, PROFESSIONAl ` :r///7 RECOVERIESI INC. 13. That all litigation shall be conducted in the name of and under the control of Evergreen Professional Recoveries, Inc. Under no circumstances shall Client be named as a party Plaintiff in any litigation. It is understood and agreed that Evergreen Professional Recoveries, Inc., is acting on its own behalf on all collection activity and not as an agent of client. Evergreen indemnifies and holds Client harmless against any loss, including attorney fees, from any claim or litigation arising from collection activities of Evergreen Professional Recoveries, Inc. 14. This agreement shall be effective as of the date shown and continue in effect until terminated as hereinafter provided. Either party may terminate this agreement by giving the other party at least 30 days prior written notice of the date of termination; provided, however, that client may terminate this agreement immediately in the event collector shall violate any of the terms or provisions of this agreement, or client shall, in its sole judgment, determine that there has been a change in collector's financial condition. Provided, however, that termination or cancellation of this agreement by either party shall not effect the collection, enforcement or validity of any accrued obligations owing between the parties. Upon termination of this agreement all accounts heretofore placed with the collector shall be returned to the client. Each account being returned will be reviewed by the client and the collector in order to determine if client is to be charged for the cancellation of accounts. The provisions of this agreement shall override any past agreement entered into by and between collector and client, this 13 day of JoNuctity , 2000 by their duly authorized and empowered representatives. EVERGREEN PROFESSIONAL RECOVERIES, INC. Wit/AA) c' rilynn Ledgerwoo Account Manager City of Tukwila 06-w,h) Corporate Office: 4042 148th Avenue N.E. • Redmond, WA 98052 Telephone (206) 223-1676 • Fax (425) 867-0431 • Toll Free 800-241-1305 • Email EVERPROF@aol.com