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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 Page 2 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 Page Dat_.