Loading...
R-88-1141 - 7/28/1988WHEREAS, the City Council desires to collect certain delinquent receivables due the City of Round Rock, and WHEREAS, Chilton and Associates has offered to collect these delinquent receivables in accordance with the proposal attached as Exhibit "A" and made a part herein, and WHEREAS, the City Council desires to enter into a contract with Chilton and Associates, Now Therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF ROUND ROCK, TEXAS, That the Mayor is hereby authorized and directed to execute on behalf of the City, a contract with Chilton and Associates to collect certain delinquent receivables due the City of Round Rock. RESOLVED THIS ° day of July, 1988. ATTEST: hl /L1L o• NE LAND, City Secretary C28RESCHILT RESOLUTION NO. /Mk MIKE ROBINSON, Mayor City of Round Rock, Texas GaDR' G7 ACCOUNTS RECEIVABLE MANAGEMENT ,Ilrr rvxrr /lerlerlx.xl.,nuu.x (5) CUSTOMER SERVICE AGREEMENT- with CHILTON CORPORATION, its Accounts Receivable Management Subsidiaries and affiliated collection agencies hereinafter referred to as Agency (over) C -0291 (6/86) Chilton Corporation, and its collection subsidiaries (hereinafter referred to as 'Agency "), agree to render collection services to (hereinafter referred to as "Client ") on accounts forwarded to Agency by Client. Each account forwarded by Client shall be deemed transferred, and set over to Agency for collection subject to the following terms, conditions and provisions: (1) All collection efforts, including but not limited to, telephone calls, personal contacts, and correspondence, shall be conducted in Agency's name, and not in the name of Client. All suit actions by Agency must be approved in writing by Client. . (2) All collection efforts shall be entirely peaceful and shall not in any manner cause a breach of the peace. (3) Client will keep Agency informed of any payments received by Client on accounts transferred to Agency so that such accounts may be properly credited. (4) Each month, Agency shall furnish Client an itemized statement showing for such period the amount of each payment received, the date of payment, and the party making the payment. Agency shall promptly remit to Client the amount of all monies collected during each preceding thirty (30) day period less applicable collection fees unless other arrangements have been made in Section 9. (6) Agency hereby promises and agrees to indemnify Client, its successors and assigns, and to hold Client harmless from and against all damage, cost, loss, and expense including, but not limited to any attorney fees, and witness litigation expense of every nature that Client may suffer, incur, or become bound for by reason of any actions, suits, proceedings, claims or demands made by Agency or on Agency's behalf or at Agency's direction, except with respect to any such damage, costs, loss, or other expense caused by failure of Client to furnish pertinent information in the matter of herein guaranteed by the Client. Client, in consideration of the promises of Agency, herein contained, guarantees that the information furnished Agency regarding the identity of the debtor, the balance of the account and the payments and credits due Client will be accurately taken from Client's books and records. Client hereby promises and agrees to indemnify Agency for all damages as a result of the actions or failure to act of Client, its employees, officers and agents. (7) The unpaid balance of any account transferred to Agency hereunder will be promptly transferred to Client upon its request with the exception of any account that has been referred by Agency to an attorney for the bringing of a suit for collection. Agency shall not be entitled to any portion of any amount paid on any such account after the date of transfer to Client even if the amount paid is direct to Agency. (8) Upon placement of accounts for collection to Agency Client agrees that: A. Commissions on such accounts are earned whether payment is made direct to Client or Agency. B. Client will report all payments made directly to Client on a timely basis. C. Full commissions are due and payable on accounts withdrawn from Agency while in the process of immediate negotiation or adjustment. (9) Commission Schedule: (10) See Attachments, expressly made a part hereof. Accepted By Firm Name Authorized Signature Street Address City Type of Business State Title Phone Zip Code This agreement supersedes and replaces any prior agreements, understandings, or arrangements, whether written or verbal, and may be modified, amended, or terminated only by written agreement. CHILTON ACCOUNTS RECEIVABLE MANAGEMENT Address Authorized Signature Date DATE: July 26, 1988 SUBJECT: Council Agenda, July 28, 1988 ITEM: 11E. Consider a resolution authorizing the Mayor to enter into a contract with Chilton and Associates for the collection of delinquent receivables. STAFF RESOURCE PERSON: Sam Huey STAFF RECOMMENDATION: The City would like to contract with the firm of Chilton for collection of delinquent utility accounts. The City now loses approximately $5,000 to $7,000 per month in delinquent utility accounts. Chilton is the same firm employed by the Cities of Temple, Irving, College Station and Dallas. Their fee schedule is attached below: Accounts listed: 120 days or less 35% 120 days to 180 days 40% 180 days to 1 year 50% 1 year or more 50% Incorrect or no address 50%