New York Contracts With Collection Agencies.
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§ 1527. Contracts with collection agencies. 1. Notwithstanding any
other provisions of law to the contrary, the commissioner may enter into
contracts with collection agencies for the collection of (i) any or all
tax warrants and judgments for all city taxes subject to collection by
the department, other than real property taxes, or (ii) city water and
sewer charges, or both; provided however, that any such contract shall
be subject to the provisions of sections three hundred twelve and three
hundred thirteen.
2. Any such contract shall apply only to such tax warrants and
judgments and to such water and sewer charges as the commissioner may
refer to the collection agency, and shall be terminable at the will of
the commissioner.
3. The consideration to be paid to such collection agency may be a
percentage or percentages of the amount collected by such agency, or as
otherwise provided in the contract, but shall be within the amount
appropriated and available for such purpose.
4. No legal action to collect tax warrants and judgments or water and
sewer charges under any contract entered into pursuant to this section
shall be initiated without the express written permission of the
corporation counsel, and the selection of any attorney to take such
legal action shall be subject to the approval of the corporation
counsel.
5. Before beginning performance of a contract authorized by
subdivision one of this section, the contracting collection agency shall
give security for faithful performance and shall provide such insurance
policies, including but not limited to a comprehensive general liability
insurance, naming the city as a party in interest, as the commissioner
may require. The adequacy and sufficiency of such security and
insurance policies, as well as the justification and acknowledgement
thereof, shall be subject to the approval of the comptroller. The
commissioner, in his or her discretion, may require additional security
or insurance in such amounts and running to such city officers and
employees as the commissioner may require, to indemnify them for any
liability incurred by reason of any act or omission of such collection
agency.
6. No contract entered into pursuant to this section may be so worded
as to grant to any contracting collection agency the exclusive right to
perform any work authorized by this section.