Loading...
HomeMy WebLinkAbout2005-44TOWN OF PULASKI, VIRGINIA RESOLUTION 2005-44 AUTHORIZING CONTRACT WITH NEXTRAN, INC. WHEREAS the Town Council of the Town of Pulaski has determined it is in the best interest of the Town and its citizens and is consistent with the general welfaze to employ a debt collection source to collect taxes owed to the Town of Pulaski; and NOW THEREFORE BE IT RESOLVED by the Town Council of the Town of Pulaski., Virginia that the Town Manager of the Town of Pulaski is hereby authorized to execute the attached contract, expressly made a part hereof, with NexTran, Inc. for the purposed of collecting taxes owed to the Town of Pulaski. This resolution is effective upon adoption and is hereby adopted this 6th day of December, 2005, by recorded vote of the Town Council of the Town of Pulaski, as follows: Bettye H. Steger John T. Bolen Lane R. Penn By: ATTESTED: „ ~. Patricia Cruise, Clerk of Council - Aye Joel B. Burchett, Jr. -Aye - Aye Jeffrey S. Worrell -Aye - Aye Daniel Talbert, Jr. -Aye Town of Pulaski, Virginia ~ ~.~ Charles L. Wade, Mayor r', Collection Agency Agreement This agreement is between NexTran, Inc. (hereina er "Agency") and Town of Pulaski, VA (hereinafter "Client") and presented this day ~~lD~ ©.~ . 1. Agency will represent Client in the collection and recovery of monies for delinquent accounts placed with the Agency. Agency will follow all state and federal laws regarding the collection of delinquent accounts. Agency agrees not to engage in any unfair or misleading practices or resort to oppressive or illegal means to collect accounts. Agency agrees to use every allowable means to collect Client's accounts in full that is professional and business like. 2. Client agrees to provide Agency all necessary documents and information to assist in the collection of all accounts placed with the Agency. These documents and information will include but are not limited to Account summary, copy of contract and contact information. 3. The parties agree that any account, regardless of the date of assignment, sent by the Client to Agency for collection are assigned for collection with full authority to perform all lawful acts deemed necessary by Agency to collect such accounts subject to this Agreement. The parties agree as follows: A) Collection of open invoices B) Collection of NSF checks C) Remittance files - as needed D) Closing files -monthly E) Other Reporting (as required) Agency and Client agrees to the following fee schedule for the collection of accounts: A) First Party .................................................................... B) Third Party ................................................................... 20% C) Second Placement .......................................................... D) Legal Accounts .............................................................. 33% 4. Legal Accounts: Client will upon approval of a suit, advance any suit fees and court costs required by the courts and or attorney for suit. An account is considered a "Legal Account" at the time the attorney has acknowledged receiving the account. The legal fee schedule will dictate the fee in all instances after the file is acknowledged by the attorney. 5. Agency will have accounts entered into collection system upon receipt. Commissions will be due on any account paid to the Agency or the Client after entry into the Agency collection system unless closed by the Client. Client agrees to report all direct payments to the Agency as soon as the Client recognizes payment: Agency agrees to deposit all payments for the Client immediately into a trust account for remittance on the next remittance/billing cycle. In the event that a check payment to the Agency is returned by the bank for non-sufficient funds, accounts closed, stop payments, return to maker or any other reason and the Agency has already remitted the collections funds, Client will return monies to the Agency that were remitted to the Client for that payment. Agency will then proceed in attempting to re-collect the monies originally collected and upon collection, remit the new funds to the client. 6. The Client will remit commissions due the Agency, to the Agency within the following thirty (30) days of presentation of the billing statement. 7. Client agrees to leave all assigned accounts with the Agency for a period of not less than 120 days from the assignment date. Promised payments, payment arrangements and legal forwarded accounts may be kept until conclusion by the Agency, its agents or attorneys or in the event of recall by Client, the Agency will be permitted to bill fees for the remaining open bills. Bankrupt accounts will be returned to the Client at the time of notice. 8. Agency agrees to indemnify and to save Client harmless from any and all liability, obligation, cost damage or expense of any nature incurred or arising out of any covenant, agreement, representation or warranty contained in this agreement or in any Exhibit or Schedule hereto or certificate agreement or instrument delivered pursuant thereto, and acts or omissions by Agency on or after the date hereto, or failure to comply with consumer protection, collection or similar laws. Client agrees to indemnify and hold harmless, as to any act on part of the Client, prior to or during assignment of the account or accounts. The provision shall survive termination of this agreement. 9. Agency will perform its duties under Agreement as an independent contractor. No right or duty under this Agreement may be assigned by either party without the express written consent of the parties. This Agreement shall be deemed to be accepted by both parties upon signature by the responsible representative of each party. 10. Termination: Each party has the right to terminate this Agreement if the other party is in default of any material obligation hereunder which default is incapable of cure or which, being capable of cure, has not been cured within thirty (30) days after receipt of notice of such default (or such additional cure period as the non-defaulting party may authorize). Either party may terminate this Agreement upon (90) days written notice to the other party. Upon the termination of this Agreement, Client shall pay to Agency all amounts payable under the terminated Agreement prorated according to the actual time elapsed under the agreement and shall promptly return all data, materials and other property of Agency held by it. Agency shall return to Client all payments received by Agency in excess of such prorated amount. 11. Any information provided by the Client will be held confidential and will be used for the sole purpose of collection outstanding debts relative to the Client. 12. It is agreed between the parties hereto that this Agreement is the entire understanding of the parties and that no negotiations or verbal or written agreements exist, but that all such agreements are hereby merged into this document. No modification of the Agreement shall be allowed unless in writing and signed by the parties hereto. 13. Each parry agrees to execute any and all documents, instruments, or further writings or documents which may be necessary or appropriate to effectuate the terms of this Agreement. 14. If a Court of competent jurisdiction at any time holds that a portion of this Agreement is invalid, the remainder shall not be affected thereby and shall continue in full force and effect. 15. The parties acknowledge that they aze entering into this agreement freely and voluntarily and that no coercion, force, pressure or undue influence has been used in the execution of this agreement, either by the other party hereto or by any other person or persons; that they have ascertained and weighed all facts and circumstances likely to influence their judgment herein; that they have sought or had the opportunity to seek and obtain legal advice independently of each other or have freely waived such opportunity; and that they have cleazly understand and assent to all provisions hereof. All questions pertinent thereto, have been fully and satisfactorily explained to them; that the terms embodied in this agreement is in all respects acceptance to them, and that accordingly they assent to all the provisions hereof. 16. This agreement shall be interpreted in accordance with the laws of the State of Virginia. 17. Mediation shall be entered into by the parties in an attempt to settle any disputes under this agreement. If mediation is unsuccessful, then the parties agree to binding azbitration to be held in Pulaski, Virginia. The costs of such azbitration shall be borne by the nonprevailing party. If an azbitrator and/or mediator cannot be agreed upon by the parties, then the parties agree that the Circuit Court of the County of Pulaski shall select the azbitrator and /or mediator. 1N WITNESS WHEREOF, the parties have executed this agreement, which is effective as of the date written above. Agency NexTran, Inc. P.O. Box 85005 Richmond, Virginia 23285 Client Town of Pulaski, VA P.O. Box 660 Pulaski, Virginia 24301 Authorization By: Jack Cummings Title: V.P. of Sales Date: /1 ~ /o ~a~ Signature: f!~vL -Q ~ /vv Authorization By: John J. Hawley Title: Town Manager Date: Signa e: ~ Si G