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Signed Contract_Muncipal Collections of America, Inc., Collection Services Agreement Copyrighted August 20, 2018 City of Dubuque Consent Items # 21. ITEM TITLE: Signed Contract(s) SUMMARY: Municipal Collections of America, Inc., Collection Services Agreement; Dubuque Community School District Revocable License for use of right-of-way at Alta Vista Campus. SUGGESTED DISPOSITION: Suggested Disposition: Receive and File ATTACHMENTS: Description Type MCOA Collections Agreement Supporting Documentation DCSD Revocable ROW License Supporting Documentation i , COLLECTION SERVICES AGREEMENT MUNICIPAL COLLECTIONS OF AMERICA, INC. This COLLECTION SERVICES AGREEMENT is hereby made and entered into this ;rS- day of ���ti S� , 2018 by and between Municipal Collections of America, Ina, � (MCOA) an Illinois corparation, and the City of Dubuque, Iowa, a municipal corporation � (hereinafter referred to as THE MiJNICIPALITY). WHEREAS, MCOA is a duly licensed collection agency in the State of Iowa; and WHEREAS, MCOA possesses the personnel, experience, expertise, anci equipment to effectively aid THE Iv1U1VICIPALITY ui collecting fines through an effective wllection process; and WFIERBAS, THE MLTNICIPALITY may wish to list certain debts with MCOA for collection from time to time and MCOA may wish to accept such claims for collection. . NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein,the sufficiency of which is hereby mutually acknowledged, the parties hereto hereby agree as follows: ARTICLE I The above recitals are hereby incorporated into and made a part of this agreement as if fully recited hereby. Any debts and/or fines listed far collection with MCOA will be collected and administered pursuant to all the terms and conditions in this Agreement. All debts and fines submitted to MCOA for collection shall be submitted using the forms and procedures designated by MCOA and pursuant to tlus agreement. Upon request of MCOA,THE MLJNICIPALITY will provide copies of any documentation deemed necessary for use by MCOA in its collection efforts in a timely manner. MCOA will acknowledge receipt of any debts listed for collection within five days thereof. MCOA retains the right to reject any debt submitted for collection. MCOA shall provide THE MLTNICIPALITY with an explanation for any such rejection. ARTICLE II MCOA shall use its best efforts and any lawfixl means which in its judgment and discretion it believes will resutt iu the collection of the debt/fines which are listed for collections. � ARTICLE III No fees shall be payable to MCOA unless money is collected,at�vhich time MCOA shall be paid as follows: Upon paymenf,MCOA shall receive twenty-five percent(25%)of the balance paid on each debt. In the event that THE MUNICIPALITY has added a collection fee to the original debt before listing it with MCOA, MCOA's fee shall be calculated on the balance paid net of any such collection fee. MCOA's perforxnance of the Iowa Department of Administr�ative Services (DAS) Tax Offset Program on behalf of THE MUNICIPALITY shall be performed at no additional cost - beyond the standard commission detailed above for debts that have had the cost of collection added by the city. Any debt that is submittcd for collection without a cost of collection fee added to the outstanding balance will have the commission reduced to 10%for paymcnts received thru the DAS offset program. ARTICLE IV Upon THE MUNICIPALITY'S listing of a debt for collection, MCOA shall have the exclusive right to collect the amounts owed thereunder nntil such time as it determines the debt is uncollectable or THE MiTNICIPALITY requests rehzm of the debt to THE MiJ1V[CIPALITY. Any inquiries concerning any debt listed for collections,including attempts to make payment, shall be referred at the earliest possible time to MCOR. r MCOA will deposit any money collected in THE MiJNICIPALITY'S separate bank trust i account established for that purpose. � After deduction of the fees allowable by this Agreement, MCOA will forward to THE MUNICIPALITY THE MLJNICIPALITY'S share of any amounts collected. Remittance to THE MiJNICIPALITY will be rnade by the Sth of the month for any aznounts collected by the last day of the preceding month. In the event that any funds are paid to THE MLJNICIPALITY far debts which have been listed for collection, THE Mi.JNICIPALITY will rcport such collections to MCOA daily for accounting pursuant to this agreement. ARTICLE V THE M[JNICIPALITY hereby aufhorizes MCOA to accept a negotiated settlement on any debt listed for collection; provided, howev8r, that unless otherwise authorized by THE MiJNICIPALITY, any such settlement shall be no less than 100%of the available balance. 2 ARTICLE VI MCOA shall indemnify and hold THE MUNICIPALITY harmless from and against any and all suits, causes of action, claims for damages, and any and all other liability of whatsoever nature;including but not limited to any and all costs and expenses,excIuding attorneys' fees arising out of or in connection with any claiins or suits for loss or damages arising solely out of the negligent acts of the agents, servants or employees of MCOA during fhe term of this Ageement. MCOA shall defend and indemnify THE MiJNICIPALITY from any claim or action arising out � of MCOA'S performance or non-performance of its obligations under this agreetnent, including I but not limited to any debt of the Fair Debt Collection Practices Act(15 U.S.C. 1601, et seq.), any law dealing with the credit rating of any individual,bankruptcy, and other applicable laws arising out of the acts or omissions of MCOA or its agents or employees. Conversely, THE MLTNICIPALITY shall indemnify and hold hannless MCOA from and against any and all liability, costs and expenses, excludinb attorneys' fees arising solely out of ar in connection with any claims or suits for loss or damages arising out of negligent acts of THE MLTNICIPALITY, its servants or employees. Further,THE MUNICIPALITY warrants and represents to MCOA that any debt listed for collection will be a legal and valid debt owed to THE MLJNICIPALITY; and in additional to the indemnities listed above, THE MUNICIPALITY agrees to indemnify and hold MCOA harmless against any and all liability, costs, and expenses, excluding attomeys' fees occasioned by claims or suits under the Federal "Fair Debt Collection Practices AcY', due to the breach of these warranties and representations. ARTICLE VII This Ageement is far a period of 12 months from the date first above written, however, it shall continue under the same terms and conditions for addirional one-year periods until termination by either party, by notice given in writing to the other party, at least sixty days prior to termination. In the event of termination of the Agreement by either party,THE MiJNICIPALII`I' shall have the option of requesting that MCOA continues to process any active payment plans under the same terms and conditions of this Agreement until completion. ARTICLE V1II At least once per year, MCOA will return to THE MUNICIPALITY such debts which MCOA determines, in its sole judgment and discretion, to be uncollectible. ARTICLE IX Insurance: MCOA must maintain and provide proof of insurance in compliance with City of Dubuque Insurance Schedule G; attached as Exhibit A. 3 � ARTICLE X Jurisdiction/Governing Law. This Agreement shall be governed by Iowa law and the proper venue for any disputes is within the Iowa District Court for Dubuque County. ARTICLE Xl Any notice to be given pursuant to this Agreement shall be deemed as served when placed in the United States Mail,with postage prepaid, sent by certified mail, return receipt requested; to the address designated, in writing, by either party. Until such time as a different address is designated notices shall be sent as follows: If to MCOA, Municipal Collections of Ameiica, Inc. � 3348 Ridge Road Lansing, Illinois 60438 If to TFIE MLJNICIPALITY, City of Dubuque 50 W. 13`h St Dubuque, Iowa 52001 ARTICLE XII This auoreement contains the entire agreeinent between the parties hereto and supersedes any prior agreements or understandings between the parties, except to the extent specifically ' provided for herein. This agreement may only be altered, amended or modified by written G instrumcnt signed by both parties hereto. 4 The terms of th'rs shall be severable. I�l the event any of the terms or provisions of this ! agreement are deemed to be void or otherwise unenforceable far any reason, the reminder of this agreemetit shall remain in full force and effect. This agreement shall not be consttued so as to create a joint venture, partnership, employment or other agency relationship between the parties hereto except to the extent specifically provided for herein. Notwithstanding any other provision of this agreement, it is expressly agreed and understood that, in connection with the performance of this agreement, MCOA shall comply with all applicable federal, state, city and other requirements of law, including, but not limited to, any applicable requirements regarding prevailing wages, minimum wage, workplace safety and legal status of employees. Without limiting the faregoing, MCOA hereby certifies, represents and warrants to THE MLTNICIPALITY that all MCOA'S employees and/or agents who will be providing products and/or seroices with respect to this agreement shall be legally authorized to work in the United StaCes. MCOA shall also, at its expense, secure all permits and licenses, pay all charges and fees and give all notices necessary and incident to the dne and lawful prosecution of the work, and/or the products and/or services to be provided for in this agreement. 4 ARTICLE XIII This agreeinent may be executed in counterpai ts, each of which shall be an original and all of which shall constitute one and the same agreement. For the purposes of executing this agreement,any signed copy of this agreement transmitted by f�machine or e-mail shall be treated in all manners and respects as an original document. The signature of any party on a copy of this agreement transmitted by fax machine or c-mail shall be considered for these purposes as an original signature and shall have the same legal effect as an original signature. Any such faxed or e-mailed copy of this agreement shall be considered to have the same binding legal effect as an originll document. At the request of either party any fax or e-mail copy of this agreement shall be re-executed by the parties in an origival form. No paity to this agreement shall raise the use of fax machine or e-mail as a defense to this agreement and shall forever waive such defense IN WIT'NESS WHEREOF, the parties have signed and sealed this Agreement of the date first above v✓ritten, Municipal Col ections f America, Inc. BY: ! �l� Name: Jef e Wood THE MUNIC LITY By: �- Name: _ �'t �� C, 1/� . (�� 5