CCR1997027COMMON COUNCIL - CITY OF MUSKEG0
RESOLUTION #27-97
AUTHORIZE EXECUTION OF DELINQUENT ACCOUNT COLLECTION
SERVICES AGREEMENT WITH WAUKESHA COUNTY
WHEREAS, the Finance Committee reviewed and recommended approval
of the City entering into an Agreement with Waukesha County for
the collection of delinquent accounts; and
WHEREAS, the City Attorney reviewed the proposed Agreement and
prepared the attached Delinquent Account Collection Services
Agreement which Waukesha County has approved.
NOW, THEREFORE, BE IT RESOLVED that the Common Council of the
City of Muskego, upon the recommendation of the Finance
Committee, does hereby approve of the attached Delinquent Account
Collection Services Agreement with Waukesha County and authorizes
the Mayor and Clerk-Treasurer to execute same.
DATED THIS 11th DAY OF FEBRUARY , 1997.
SPONSORED BY:
FINANCE COMMITTEE
Ald. Domonic D'Acquisto
Ald. David J. Sanders
Ald. Mark Suhr
This is to certify that this is a true and accurate copy of
City of Muskego.
Resolution #27-91 which was adopted by the Common Council of the
2/91 jmb
DELINOUENT ACCOUNT COLLECTION SERVICES AGREEMENT
This contractual agreement is entered into this __ day of
municipal Corporation in Waukesha County, Wisconsin (hereinafter
"City") and Waukesha County, a municipal corporation in Wisconsin
(hereinafter "County") .
WHEREAS, S66.30, Wisconsin Statutes, allows intergovernmental
cooperation among municipalities; and
WHEREAS, County represents it has legal authority to provide
collection services and to enter into collections contracts with
municipalities; and
WHEREAS, County has established a Collection Division within its
Department of Administration for the purpose of collecting
delinquent obligations due to the County; and
WHEREAS, County has agreed to offer the services supplied by its
Collection Division to other units of government within Waukesha
County; and
, 1997, by and between the City of Muskego, a
WHEREAS, City desires to contract with County to undertake
collection of delinquent personal property taxes, accounts
"Collection Cases") from time to time, in the manner and under
the terms and conditions hereinafter set forth.
NOW THEREFORE, in consideration of the mutual undertaking and
agreements hereinafter set forth, City and County agree as
follows :
receivable and other evidences of indebtedness (hereinafter
- I. Contract for Services
County agrees to act upon all Collection Cases referred by
City, upon the terms herein described. City agrees that
County will act as City's independent contractor for all
Collection Cases referred, and County shall have the
authority to endorse checks, drafts, money orders and other
negotiable instruments that may be received in payment.
City agrees to pay a Contingent Fee for said services, upon
the terms herein described.
II. Collection Services Provided by County
County shall:
a. Use its best efforts to collect amounts due to the
City on all Collection Cases referred by City.
b. Obey all applicable laws, statutes, regulations,
ordinances, and applicable case law
interpretations thereof, at all times.
c. Use collection methods which include, where
promises to pay, payments, dispute resolution,
applicable, collection letters, phone calls,
asset searches and litigation
skip tracing, interest and penalty calculation,
d. Disburse funds collected on a Collection Case to
City without off-set (except to the extent that
provisions of this Agreement) I within thirty (30)
off-set is allowed by the Costs and Attorney Fees
days following the last day of the month in which
payment (s) were received.
e. Maintain records of all Collection Cases referred
to it by City, and provide those records to City
upon request and/or upon return of the case to
City.
f. Provide City with a written explanation for any
Collection Case that it cancels or returns to City
as uncollectible.
County shall not:
a. Agree to settle or compromise any Collection Case
without the express written authorization of City
b. File suit in any court on any Collection Case
without the express written authorization of City.
111. City's Payments to County
City shall:
a. Pay County thirty-five percent (35%j (hereinafter
"Contingent Fee") of all dollar amounts that are
received by City as payment on Collection Cases
Contingent Fee shall not be owed, however, if:
that have been referred to County. This
i. The payment is received by City prior to
City's receipt of an Acknowledgement Notice
accepted the Collection Case.
from County indicating that the County has
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ii. The County has returned the Collection Case
to City as uncollectible, or for any other
Agreement, prior to City's receipt of the
reason other than Termination of this
payment.
iii This Agreement has been terminated, subject
to the Termination provisions described
herein, prior to receipt of the payment
b. Pay County the Contingent Fee within 30 days of
City's receipt of the payment.
- IV. Costs and Attorney Fees
In the event of litigation, County shall advance all
litigation expenses (including court costs, filing fees,
service fees, witness fees, skip trace fees, garnishment
fees, and any other costs: hereinafter "Costs"), and shall
provide legal counsel, and also advance the cost of all
attorney's fees. County shall seek a court award of Costs
and Statutory Attorney's Fees (per §814.04 (1) (a), (b) , and
Attorney Fees, County shall deduct those amounts and retain
(c), Stats.). If the Court awards Costs and/or Statutory
them prior to disbursing any funds to City. The Contingent
Fee City pays to County shall be determined only upon the
amounts City receives. County shall not deduct, retain, or
be entitled to receive from City any Costs or Statutory
Attorney Fees unless those amounts are specifically awarded
by a Court and actually received.
V- Notices
The following notices shall be given by County to the
Finance Director of City, in writing, with a copy to the
Clerk-Treasurer of City:
a, Acknowledqement Report: Due upon County's
acceptance of City's Collection Case referral
b. Monthly Collection/Billinq Statement: Due thirty
days following the last day of the month in which
payment (s) were received.
c. Status/Inventorv Report on Assisned Accounts. Due
month if requested; otherwise, thirty days
thirty days following the last day of the previous
quarters: 3/31, 6/30, 9/30, 12/31.
following the last day of the following calendar
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d. Cancellation/Uncollectible ReDort. Due thirty
days following the last day of the month the
account was cancelled.
VI. Liability
City shall indemnify County and its employees and hold them
harmless from any and all claims relating to this Agreement
to the extent founded upon the acts, errors or omissions of
hold them harmless from any and all claims relating to this
the City. County shall indemnify City and its employees and
Agreement to the extent founded upon the acts, errors and
omissions of the County. This clause shall remain effective
despite termination or ineffectiveness of the remainder of
this agreement.
VII. Jurisdiction
This agreement shall be governed and interpreted according
to the laws of the State of Wisconsin.
VIII.Amendment
This agreement may be amended only upon mutual agreement of
City and County, in written form and executed by both City
and County.
- IX. Termination
This agreement may be terminated for any reason by either
party upon thirty days advance written notification. The
thirty days shall be calculated from the date that the
notice is received by the party being notified (hereinafter
County will return all Collection Cases to City, except that
"Notice of Termination Date"). In the event of termination,
County will be entitled to retain any Collection Case and
collect any payment due on that case if:
a. Payment has been received on that case within
Date; or
sixty days preceding the Notice of Termination
b. County has a written promise of payment on that
case that it has received prior to the Notice of
Termination Date.
In the event that County retains a Collection Case for
either of these reasons, County shall return the case to
City and County shall receive no further payment when:
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a. The Collection Case is paid in full; or
b. No payments have been made on that case for a
period of sixty days.
IN WITNESS WHEREOF, the parties have affixed their signatures
below on this day of , 1997.
CITY OF MUSKEGO WAUKESHA COUNTY
By : By:
David L. De Angelis, Mayor
By : By :
Jean K Marenda, Clerk
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