HomeMy WebLinkAboutFTRS Service Agreement - Fuel Excise Taxo" 4
SERVICE AGREEMENT
This Agreement Is made between FTRS, LLC, C 81, a Washington corporation
having otitces at 22525 SE 60 Piece, Suita 208, lssequah, WR 98027. and the City of Pasco
CClier , a city government located in Frankrm County, In the State of Washington.
AGREEMENT
1.1 FIRS' expertise and skill is Its ability to Iderr6Ty anus of overpayments for goods.
services and materials and to design systems and procedures to quantify said to
enable Its clients to recover such overpayments. Client desires recovery of
iderNi ied overpayments.
1.2 Client engages PERS and agrees to tisanes its method of operation and
accounting with Pi12S. FIRS agrees to treat any Information provided as
confidential and will not divulge any such Information in persons not a party to
this agreement unless otherwise compelled by a lawful order of a court of
competent jurisdiction.
1.3 Client engages FTRS to recover excise taxes on flet used to the operation of Its
business.
1.4 Client agrees, that if FIRS iderMes areas of recovery not currently being
purausd by Client and if pursuit of recovery is cost effective to both Client and
FrRS, Client will allow PERS access to or provide accounting records and
systems infomtation to enable FTRS to research the systems and to assemble
documentation to support recavery.
1.5 While FTRS is responsible for claim preparation, filing of a claim is solely at the
discretion of the Client. Client shall notify FIRS in writing of any claim it chooses
not to itis.
1.8 Client agrees that FTRS', sole compensation for such san6ces will be: Forty
Percent (40%) of the fast $ 25.000.00 and U%*nty-five percent (25%) of the
eymn over $25,000.00, of any recovery on datmsZed for purchases, including
claims for prior purchases; within iwenty-four months following the first of the
month following the date of this Agreement Recovery is defined as sum
received or reduction in paymerd.
1.T Client can terminate this Agreement with thirty days written notice. Termination
would Indicate Client believes that the effort to produce a recovery claim Is
greater than the benefit. Consequently, the Cilent agrees not to pursue during
the balance of the orig'vrai Agreement period any recovery claim program based
on areas Identified by FIRS. NawMv tending any termination, N Client pursues
such recovery during the original Agreement pedod, Client agrees to pay FIRS
the percentage as detailed In 11.8 above of any stens recovered.
1.8 FfRS can terminate this Agreement with thirty days written notice. Termination
indicates FIRS believes that the effort to produce a recovery claim is greater
than the benefit Consequently, FIRS would have no monetary interest in any
recoveries generated by the Client for periods subsequent to termination.
1.9 Client shall nottly FIRS in writing wtthdn 10 days the amount of any recovery
received by Client FIRS compensedon is due and payable thirty (30) days after
receipt of recovery by ClIeM.
1.10 Client recognbms that FORS' hems under this Agreamerd is derived from the
introduction and ider0cation of the availability of recoveries and that Client will
receive confidential information of great value to FIRS. Client agrees not to
divulge Information or trade secrete received from F TRS or apprise other enii6es
of the methods, techniques and recovery areas used by FiRS without written
consent of FiRS unless otherwise compelled by a lawful order of a court of
competert jurisdiction.
Sw%fte Apmmwt
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1.11 Nether this Agreement nor any right or duty arising under It maybe assigned by
FIRS or Client without the Prior written consent of either party.
1.12 FIRS will perform under this Agreement as an Independent contrary tc the
Client and not as an 299M or partner.
1.13 For the purpose of this Agreement, time is of the essence. In the event of a
dispute between the parties regarding the breach. enforcement or interpretation
of this Agreement, the parties shall first meet In a good faith effortto resolve the
dispute. in the event the dispute cannot be resolved by agreement of the parries,
said dispute shag be resolved by arbitration pursuant to RCW 7.04A, as
amended, with both parties waiving the right of a jury trial upon trial de novo; and
with venue placed in Pasco, Franklin County, Washington. The substaMlefly
prevaigng party shall be entitled to Its ressonable stWney fees and costs as
additional award and judgment against the other.
1.14 All notices, authorizations and approvals pertaining to this Agreement shat be in
writing. Except as otherwise provided below, all nodose between the paries
shall be sufficient when delivered in person or sent by fax or cable, or by certified
or registered mad, to the appropriate address as follows.
FIRS: CLIEtd
FIRS, LLC City of Pasco
22525 SE 64" Place, Suite 209 525 til. Third Avenue
lss a hl WashingtM 98027 Pasoo, WA 99301
TnteptWa (425) 5575931 Telephone (509) 5443080
Facsimile (425) 557-3605 Facsimile
EXECUTED THIS _ day of _
Sovke Agrument
Page 3
n' f
The parties have exea,ded this Agreement in duplicate, intending each duplicate copy to serve
as an original:
FTRS,LLC
City
BY Y:
Title: �i+t^ '.fy rdu
Date: 17;—, ,
SeWceAgmement
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