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028-19 - Court Payment Management Services - Contractr ,.CPMS e J Rr -t NT MANAGEMENZ yEP COURT PAYMENT BLVD. CH (360)748-4784 - (877)748-4936 ES. INC. COURT PAYMENT MANAGEMENT SERVICES, INC. SERVICE CONTRACT 'HIS CONTRACT made and entered into thisday of 2019 by Port Orchard Municipal Court, Port Orchard. Washington (hereafter called "COURT") and Court Payment Management Services, Inc. (hereafter called "AGENCY"). It is understood that the AGENCY will be principally responsible for compliance with this contract and insuring compliance of its affiliates, if any. 1. Monthly Payment Collection Services The AGENCY will offer servicing of the COURT delinquencies and obligations for the COURT obligori, bUt the COURT is under no obligation to use this program and the COURT shall retain control of its delinquencies and obligations. The AGENCY will generate, monitor, and maintain the payment plan contracts for the COURT. 111. Costs The COURT will assess and the AGENCY will add costs for this service as follows (RCW 3.02.0•4.5): $15.00 Account Set -Up Cost- An initial charge per defendant per payment plan. (The cost is charged only once, per plan, while the defendant remains in an active delinquency program. Setting up a new and/or additional delinquency program requires an additional Set -Up Cost.) 2. $10.00 Monthly Cost: Cost is charged per account payment plan (per defendant). III. Insurance and Surety Requirements For the duration of this contract, the AGENCY will maintain in full force and effect and will provide evidence of all insurance required by Port Orchard Municipal Court, including, but not limited to, evidence of msuranco against personal injury liability, comprehensive general liability, workers compensation and automobile liability insurance Available upon request. IV. Hold Harmless Clause The AGENCY agrees to indemnity and hold :he Clerk of the Court, Port Orchard Municipal Court and all elected officials, employees and agents of the Port Orchard Municipal Court harmless from and against any and all claims, demands, liabilities, judgments, losses and expenses, including but not limited to court costs and reasonable attorney fees occasioned by. arising out of related to, or itt connection with any negligent or willful action or omission of the AGENCY or its employees and agents in the performance of the herein described. The COURIJ will indemnity and hold harmless the AGENCY, subsidiary or affiliated companies and divisions, and the-/ officers, agents, owners, attorneys and employees from any claims arising out of of as a resua of die neid gent acts or omissions of the COURT, its employees or agents. and specificaily agrees to indemnify and hold harmless from and against all claims resulting from errors in account information furnished to the AGENCY by the COURT. V. A2encv Compensation The AGENCY will retain the service costs paid on each account payment plan monitored by the AGENCY. VI. Failed Agreements Defendants that fail to make their scheduled payment within forty days from the due date will have their delinquencies or obligations reported to the COURT and will no longer be monitored by the AGENCY. VII. Remittance The AGENCY shall remit paymems tc the COURT weekly. VIII. Term and Termination Either party may terminate this contract within thirty (30) days written notice to the other party or otherwise as the parties may mutually agree. If at any time a party materially defaults on its obligations under this contract the injured party may, at its option, send a notice thereof to the party in default. If such default is not remedied within 15 days-ofdelivery of such notice, the party sending the notice may thereafter terminate this contract. If the AGENCY should become the subject of bankruptcy receivership or insolvency proceedings, the COURT may elect to terminate this contract. Such election shall be effective immediately upon mailing written notice of termination to the AGENCY. On termination of this contract, the AGENCY shall, on request, furnish the COURT with any information obtained with reference to the assigned accounts and/or consumer obligated thereon. This contract shall automatically renew annually unless a desire to renegotiate a new contract is given by either party. In WI T NESS WI REOF, the parties have executed the CONTRACT on this day of 2019. COURT PAYMENT MANAGEMENT SERVICES, INC. PORT ORCHARD MUNICIPAL COURT i` BY: _ _ Kev4 Klu .p r 4 President ADDRESS: 750 S. Market Blvd Chehalis, WA 98532 DATE: ATTEST: Printed Name: Court Administrator BY: Printed Name 06 Title: ihC o✓ ADDRESS: 216 Prospect St Port Orchard, WA 98366 DATE: I ��