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R-88-1177 - 10/13/1988L OR4CM ACCOUNTS RECEIVABLE MANAGEMENT -- 1DNIsMo yre,rwm r:,,pumim 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. 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. (5) (8) (over) CUSTOMER SERVICE AGREEMENT with CHILTON CORPORATION, its Accounts Receivable Management Subsidiaries and affiliated collection agencies hereinafter referred to as Agency C-0291 (6(86) (9) Commission Schedule: Two dollars ($2.00) per account set —up fee plus, 40% commission per account on monies collected. (10) See Attachments, expressly made a part hereof. 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. Accepted By /� f� CHILTON ACCOUNTS RECEIVABLE MANAGEMENT 017 OF /'Selu, ii ROC,< Firm Name/ 1 11 4 4 . - / i 7 AYOIe_ P.P. Pox 18768 Authorized Signature Title Address g41 �. /ym09 /.11 asS -5 6(,2_, Austin, TX 78760 Street Address 7X :-7 Phone City S hp Code Authori Signature C i7/ irOdC- /e/um1ti /oyz7/eR Type of Business Date WHEREAS, 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 /J day of October, 1988. ATTEST: Il ite Ai At ! JO' NE LAND, Cit Secretary C28RESCHILT RESOLUTION NO. P /E- MIKE ROBINSON, Mayor City of Round Rock, Texas y� saHild'; 1! �; �; f•..+cr'S.+,i {;r�tf�k,'�'i; -�n. s '�.�. � W1F,: +Y :�5!' � r'f�N�i;3S�.�!":?S'i.� ®G7o6 CO ACCOUNTS RECEIVABLE MANAGEMENT (5) CUSTOMER SERVICE AGREEMENT with CHILTON CORPORATION, its Accounts Receivable Management Subsidiaries and affiliated collection agencies hereinafter referred to as Agency 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. (over) s l;e;:� ;deb- i::�.1t4`►;r{1�6e6i?:3"'�k C-0291 (8'96) k:Cv Lx: za:L 4 ^ «Sems: <f; Firm Name (9) Commission Schedule: (10) See Attachments, expressly made a part hereof. 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. Accepted By CHILTON ACCOUNTS RECEIVABLE MANAGEMENT Authorized Signature Title Address Street Address Phone City State Zip Code Authorized Signature Type of Business Date DATE: October 11, 1988 SUBJECT: Council Agenda, October 13, 1988 ITEM: 11H. Consider a resolution authorizing the Mayor to enter into a contract with Chilton and Associates for the collection of delinquent accounts. STAFF RESOURCE PERSON: Vicki Oswalt STAFF RECOMMENDATION: A resolution was passed July 28, 1988 authorizing the Mayor to enter into a contract with Chilton and Associates for the collection of delinquent receivables with the fee to be based on a varying percent of collections. Due to a change in policy, at Chilton, they were unable to execute the agreement without a per account start up charge. The City would still like to contract with Chilton for the collection of approximately 1/2 of our delinquent accounts. This represents about 1200 accounts with a total receivable of approximately $85,000. Chilton is employed by the Cities of Temple, Irving, College Station and Dallas. Their fee will be $2.00 per account plus 40% of collections.