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Home My WebLink AboutC2005-118 - 3/3/2005 - NAAGENCY CONTRACT THIS AGENCY CONTRACT (the "Agreement") is made this ~ ~day of March, 2005, between the City of Corpus Christi, hereinafter referred to as "CITY OF CORPUS CHRISTI", and having a place of business at 1201 Leopard Dr., Corpus Chdsti, Texas 78403 and The Money Store, L.P., a Texas limited partnership doing business as The Money Box, located at 1114 Lost Creek Blvd., Suite 310, Austin, Texas 78746 hereinafter referred to as "Agent". 1. Collection of Payments. Agent will accept payment of bills for utility service of CITY OF CORPUS CHRISTI at the Agent's places of business (the "Stores"), see Exhibit A. Agent will, by the end of the following business day, initiate remittance of the amounts collected each day through the ACH system to such account as is designated in writing by CITY OF CORPUS CHRISTI during the term of this Agreement. 2. Agency. Agent is hereby appointed as the agent of CITY OF CORPUS CHRISTI for the purpose of accepting payments from customers of CITY OF CORPUS CHRISTI of such customers' bills for utilities of CITY OF CORPUS CHRISTI. Agent is an independent contractor and is in no sense a legal or implied employee or officer of CITY OF CORPUS CHRISTI and has no authority whatsoever to bind CITY OF CORPUS CHRISTI 3. Records. Agent shall at all times maintain accurate record of payments and remit all payments received from CITY OF CORPUS CHRISTI'S customers for credit to their bills for utilities and other services of CITY OF CORPUS CHRISTI on a daily basis to CITY OF CORPUS CHRISTI. Agent shall be liable to CITY OF CORPUS CHRISTI for any errors or omissions in the payment records that cause damages to CITY OF CORPUS CHRISTI and for the loss of any payments received by the Agent. 4. Term. This Agreement shall commence on March 1, 2005 and shall remain in effect for one year. 5. Termination. This Agreement may be terminated automatically in the event any one of the following situations occurs, but in no event shall such termination relieve Agent or CITY OF CORPUS CHRISTI from any of its obligations already accrued hereunder. a) Sixty (60) days after written notice of termination by either party to the non-terminating party. b) Failure of Agent to correct an error within 21 days of wdtten notification of such error may, at the sole discretion of CITY OF CORPUS CHRISTI, result in the termination of this Agreement. The/Money Store c) Sixty (60) days after written notice to CITY OF CORPUS CHRISTI of termination by Agent if Agent is closing its Stores. 200§-118 03/03/05 of Agent to submit daily reports within twenty-four (24) hours ITY OF CORPUS CHRISTI notifies Agent of Agent's failure to submit daily reports, provided that three notifications of Agent's failure within any one month period shall be the event giving rise to CITY OF CORPUS CHRISTI's election to terminate this Agreement under this Section 5(d). 6. Assignment and Transferability. This Agreement shall be binding on and inure to the benefit of the padies hereto and their respective successors and assigns; provided, however, the Agent shall not transfer or assign nor attempt to transfer or assign this Agreement or any obligation hereunder without the prior written consent of CITY OF CORPUS CHRISTI which consent shall not be unreasonably denied. 7. Modification. This Agreement constitutes the entire agreement of the parties and may not be modified, except in writing, executed by an authorized representative of CITY OF CORPUS CHRISTI. 8. Prior Agreement. This Agreement terminates and supersedes any prior agreement of both padies. 9. Fees. Agent may charge a transaction fee up to fifty cents ($0.50) per receipted payment transaction. 10. Insurance. Agent shall maintain in full force and effect at all times, insurance in accordance with the attached Exhibit B. 11. Records Retention. Records retention by Agent in the Store will be four years one year and one month. Agent shall retain all records related to payments due CITY OF CORPUS CHRISTI in compliance with guidelines established by the Texas State Library and Archives Commission. 12. Waiver. Failure of CITY OF CORPUS CHRISTI or Agent to enforce any of the terms of this agreement shall not be construed as a waiver of those provisions. 13. Notice. Any notice to be given in connection with this Agreement shall be in writing and shall be deemed to be duly received (a) on the date given, if delivered personally or be telecopy, or (b) on the date received, if mailed by registered or certified mail (return receipt requested) to the parties at the following addresses: If to Agent: The Money Box 1114 Lost Creek Blvd, Suite 310 Austin, TX 78746 ATTN: Nick Dunn Telecopy: 512/306-0342 Email: nickd @ themoneybox.com 2 If to City of Corpus Christi: City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78403 Attn: Director of Financial Services 14. Governing Law, this Agreement shall be governed by and construed in accordance with the laws of the County of Nueces, City of.Au3t:,~,, State of Texas. 1.5. Construction; Severability. In the event any one or more of the provisions contained in this Agreement should for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision contained herein, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. All rights remedies and powers provided in this Agreement may be exercised only to the extent that the exercise thereof does not violate any applicable provision of law, and all the provisions of this Agreement are intended to be subject to all applicable mandatory provisions of law which may be controlling and to be limited to the extent necessary so that they will not render this Agreement invalid or unenforceable, in whole or in part. 16. This Agreement may be executed in any number of counterparts and by the different parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed to be an original and all of which when taken together shall constitute but one and the same instrument. Executed to be effective as of the date first above written. Agent: The Money Store, LP By: DND Management, LLC eenera~_~ne r D. Nick Dudn. s'ole member Accepted: City of Co~us Christi Title: 3 Approved as Io lotto: ~"~/~/o ~"- Lisa Agullar (.~ Asslslant City Altomey For City Attor'r'~y EXHIBIT INSURANCE REQUIREMENTS The Money Store dba The Money Box's Liability Insurance A. The Money Store dba The Money Box must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Money Store dba The Money Box must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. The Money Store dba The Money Box must furnish to the City's Risk Manager two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy. TYPE OFINSURANCE 30-Day Notice of Cancellation, material change, non-renewal or termination is required on all certificates COMMERCIAL GENERAL LIABILITY including: 1 Commercial Form 2. Premises - Operations 3. Products/Completed Operations Hazard 4. Contractual Liability 5. Independent Contractors 6. Personal Injury MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage $1,000,000 COMBINED SINGLE LIMIT EMPLOYEE DISHONESTY / FIDELITY- CRIME POLICY $50,000 In the event of accidents of any kind, The Money Store dba The Money Box must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of any accidents. II. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the General liability coverage. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed o¢' between "be" and "canceled", and deleting the 4 words, "endeavor to", and deleting the wording after "left". In lieu of modification of the ACORD form, separate endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" At a minimum, a 30-day written notice of material change, non-renewal, termination or cancellation to the Risk Manager is required. The Money Slore dba The Money Box ins. req. 2-18-05 ep Risk Mgrnt 5 ACORD. CERTIFICATE OF LIABILITY INSURANCI= ~-~'L '~'~/~/~ ~ C ERTllRCA'T'~ I$ I~IED A~ A I~I~TTI~ OF I#FORMA, TIC~ C~RAGE8 ~ :~c~qmuc6 · 1000000 ~.~,~ d.!..T.~.Lb.L~ I Ly · iO[OODO C~F~THHOLD~R EXHIBIT A CORPUS CHRISTI, TEXAS LOCATIONS MONEY BOX #21 MONEY BOX #22 MONEY BOX #23 MONEY BOX #24 MONEY BOX #25 MONEY BOX #26 4930 SOLITH STAPLES 11217 LEOPARD S~[ 2102-B BALDWIN 5656 WEBER, STE#101 4701 AYERS, STE 600-10 3710 LEOPARD ST CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPUS CHRISTI CORPIJS CHRISTI CORPUS CHRISTI TX 78411 TX 78410 TX 78405 TX 78411 TX 78415 TX 78408 (361) c)93-8472 (361) 241-2370 (361) 884-8683 (361) 854-7967 (361) 852-1242 (361) 882 2427 HOURS OF OPERATION: MONDAY - FRIDAY SATURDAY: CLOSED SUNDAY 9:00 AM 7.'00 PM 9:00 AM - 6.'00 PM