1995-076-RES WHEREAS, CITY COUNCIL HAS BEEN MADE AWARE OF THE MUNICIPAL COURT'S NEED
RESOLUTION NO. q~-n7fi
WHEREAS, the City Council of the City of Paris has been made aware of the Municipal
Court's need for collection services for stale Municipal Court case fines and court costs, and the
City of Paris is desirous of having such fines and court costs collected; and,
WHEREAS, in order to receive such collection services, it is necessary for the City of
Paris to enter into an Agreement with American Municipal Services Corporation; and,
WHEREAS, the form of agreement for such collection services, attached hereto as
Exhibit A, should, in all things, be approved, and the Mayor, Eric S. Clifford, should be
authorized to execute the same; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PARIS, that the
form of the Collection Agreement with American Municipal Services Corporation for the
collection of stale Municipal Court case fines and court costs be, and the same is hereby,
approved; and,
BE IT FURTHER RESOLVED, that the Mayor of the City of Paris, Eric S. Clifford,
be, and he is hereby, authorized and directed to execute, on behalf of the City of Paris, the
Collection Agreement with American Municipal Services Corporation for the collection of stale
Municipal Court case fines and court costs in the form shown in Exhibit A, attached hereto.
PASSED AND ADOPTED this 10th day of July, 1995.
~,?~
Eric S. C Iffor, ayor
ATTEST:
~~~\~~~~)
Mattie Cunningham, City Clerk
COLLECTION AGREEMENT
STATE OF TEXAS
)
)
)
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF LAMAR
THAT, the CITY OF PARIS, PARIS, TEXAS, a municipal corporation, by and through
its Mayor, Eric S. Clifford, duly authorized, hereinafter called CITY, and AMERICAN
MUNICIPAL SERVICES CORPORATION, 3740 N. Josey Lane, Suite 225, Carrollton, Texas,
by and through its Vice President of Sales, Gregory L. Pitchford, duly authorized, hereinafter
called AMSC, do hereby contract and agree as follows:
1. AGREEMENT
That CITY desires to utilize the services of AMSC to perform collection activities for
CITY, and AMSC desires to undertake such collection activities. Accordingly, the parties
agrees that their relationship be governed by the terms of this Collection Agreement.
That CITY agrees to periodically refer to AMSC citations for collection. No specific
number or dollar amount of citations that will be sent to AMSC is represented or guaranteed by
CITY. AMSC agrees to use their best efforts to collect those citations sent to AMSC by CITY.
2. PAYMENTS RECEIVED BY AMSC
That AMSC will arrange for all Defendants to send their payments directly to CITY.
In the event a payment is sent to AMSC by a Defendant, AMSC will immediately forward that
payment to CITY. AMSC agrees that it will not deposit, endorse or otherwise negotiate any
funds belonging to CITY.
EXHIBIT A
COLLECTION AGREEMENT - Page 1
3. CONTINGENT }'EE
That AMSC is to be paid a contingent fee of Twenty-Eight Percent (28%) of the fine
amount collected, not including court costs and state fees. CITY agrees to review with AMSC
on a weekly basis the amounts paid on those citations referred to AMSC. AMSC agrees to
invoice CITY on or about the fifth (5th) day of each month for the previous months collections,
said invoices being due and payable within thirty (30) days. All expenses in the collection
process, including labor, postage, telephone, skip tracing, etc. shall be paid for by AMSC.
AMSC is an independent contractor, and as such is not to be in any way considered an
employee, agent, or representative of CITY.
4. PARTIAL COLLECTIONS AND REPORTS
That AMSC is authorized to arrange payment schedules with Defendants and to authorize
partial payments, provided the entire amount to be paid by the Defendant equals the total of the
fine and costs established by CITY. AMSC is authorized to report on the various National
Credit Bureaus, at AMSC's expense, the unpaid amount owed CITY as a debt due the CITY.
5. WITHDRAWAL AND TERMINATION
That CITY may withdraw any citation at any time from AMSC, and either party to this
Collection Agreement may terminate this Collection Agreement upon ten (10) days prior written
notice.
Executed this 10th day of July, 1995.
CITY OF PARIS
By:
Eric S. Clifford, Mayor
COLLECTION AGREEMENT - Page 2
ATTEST:
Mattie Cunningham, City Clerk
APPROVED AS TO FORM:
T. K. Haynes, City Attorney
ATTEST:
Secretary
AMERICAN MUNICIPAL SERVICES
CORPORATION
By:
Gregory L. Pitchford, Vice-President, Sales
COLLECTION AGREEMENT - Page 3