HomeMy WebLinkAboutUtility Collections Limited
Augusta Richmond GA
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DOCUMENT TYPE: ~~~~
YEAR:ct1
BOX NUMBER: 1 L\
FILE NUMBER: \~LS \
NUMBER OF PAGES: 19
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AGREEMENT
THIS AGREEMENT made and entered into this 21st day of December, 1999,
by and between Augusta, Georgia, located at 530 Greene Street, Augusta, Georgia 30911,
(hereinafter referred to as "City"), and Utility Collections Limited, a collection agency pursuant
to and subject to the laws of the State of Georgia and the Federal Fair Debt Collection' Practice
Act, (hereinafter referred to as "Agent").
WIT N E SSE T H:
WHEREAS, Agent is a reputable collection agency engaged in the business of
providing delinquent claims collection and accounts receivable management services; and
WHEREAS, City desires to engage a reputable collection agency to undertake, as
an exclusive vendor, a collection program involving the recovery of delinquent accounts.
NOW, THEREFORE, in consideration of the mutual promises hereinafter
contained, the parties hereto promise and agree as follows:
1.
City shall from time to time refer certain accounts receivable which, at the City's
sole discretion, are deemed uncollectable by conventional means, to Agent for collection.
2.
City hereby appoints Agent to collect and receive all sums of money due or
payable to City for accounts, which City refers to Agent.
3.
City warrants, that so far as is known to City, each account referred to collection
is a valid and existing claim against the debtor.
4.
Agent shall use all legal means to affect collection of accounts referred for
collection such as letters, telephone calls, and notices. Agent shall exercise professional
discretion in determining due diligence on those accounts referred to it for collection.
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5.
Agent shall have the authority to report to credit reporting agencies (as defined by
the federal Fair Credit Reporting Act) the status of accounts referred to it for collection.
6.
Agent shall use only trained and qualified workers, properly skilled to perform
this work. In all work performed hereunder, Agent shall be an independent contractor and shall
have sole and exclusive supervision and control over Agent's employees, and shall control the
time, place and manner of all work performed under this Agreement.
7.
Agent shall exert active collection efforts in accordance with ethical collection
practices during the time such accounts are held by the Agent for collection. Agent shall at all
times fully comply with provisions of all appropriate State and Federal consumer protection laws
and regulations, including but not limited to the Federal Fair Debt Collection Practices Act, if
applicable. Agent shall afford City reasonable access to its books and records, including but not
limited to debtor correspondence, in order to verify compliance with said laws and regulations,
8.
All expenditures to affect collection of accounts shall be borne by Agent.
9.
Agent shall provide an Acknowledgment Report, reflecting name, account
number, date referred, balance referred, total number of accounts referred, and total balance
referred.
10.
Agent shall provide a monthly listing of those accounts being returned to the City
as uncollectable, along with an explanation why each referenced account has been deemed
uncollectable.
11.
Agent. shall render to City, upon request, an accounting of all outstanding,
uncollected accounts. Such accounting shall include the name, account number, initial balance,
present balance, and the current status of the account. Agent shall promptly submit to city
additional reports, statements or other written materials, as City shall from time to time request.
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12.
Agent shall maintain a client trust account in a Federal or State chartered bank
and shall deposit in said account those funds received in payment of Accounts referred to Agent
by City. Agent shall have the authority to receive payment in cash, check, draft, or money order,
and shall have authority to endorse checks, drafts, money orders, and other negotiable
instruments, which may be received by payment.
13.
The waiver by either of the parties hereto of any breach of any prOVlSlon
contained in this Agreement shall not be deemed to be a waiver of such provision on any
subsequent breach of the same or any other provision contained in this Agreement. No such
waiver or waivers shall serve to establish a course of performance between the parties
contradictory to the terms hereof.
14.
The parties hereto shall not be responsible for any failure or delay in the
performance of any obligations hereunder caused by acts of God, flood, fire, war or public
enemy.
15.
Agent agrees to release and return accounts referred for collection which City has
determined were referred to Agent in error.
16.
Agent shall remit all money, less fees due, collected on behalf of City during the
previous calendar month to the City no later that the 15th calendar day of the succeeding month.
An Activity Report shall accompany each such remittance for each payment. The Activity
Report shall provide the debtor's name, account number, date collected, amount collected, fee
due Agent, and remaining balance of the account. Agent respects the right of the City to confirm
the accuracy of all payment information by contacting the debtor directly,
17.
City shall pay any and all commissions due Agent based on the Activity Report
not later than the 15th calendar day after receipt of said Activity Report. City agrees to promptly
notify Agent of all payments received and to promptly forward all bankruptcy notices, as well as
any and all communication regarding an account referred for collection from a debtor or any
third party.
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18.
Agent shall be entitled to a contingency fee of 25% of all sums collected from
whatever source on accounts referred to it by City. Agent shall be entitled to a contingency fee
of 35% of all sums collected from all sources if Agent, with City's prior written approval, uses a
private attorney to file a civil suit on an account.
19.
Agent shall not settle or compromise any account without having received the
City's prior written approval qf consent to said settlement or compromise.
20.
Except as provided in paragraph six (6) above, Agent shall not furnish to anyone
other than City, and shall maintain the privacy and confidentiality of, any and all City materials
submitted to or developed by Agent in connection with this Agreement. Agent shall resist in
judicial proceedings any efforts to obtain access to information pertaining to those accounts
referred by City to Agent for collection. .
21.
Agent agrees to carry public liability insurance and workers' compensation
insurance in requisite amounts to protect the City and Agent from any and all claims, suits or
action whatsoever which may result from work done under this Agreement. Upon written
request from City, Agent agrees to provide current insurance certificates to the City, evidencing
adequate insurance coverage.
22.
Agent agrees to protect, indemnify, and hold harmless City from all attorney's
fees, costs, expenses and damages arising out of a failure by Agent to comply with applicable
Federal, State and Local laws and regulations.
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23.
All notices, requests, cancellations or terminations and other communications
. hereunder shall be in writing, given by Registered Mail, or Certified Mail, return receipt
requested, and deemed received upon mailing to the other party.
24.
This Agreement shall be effective as of the date executed by the City and the
Agent and shall continue in full force and effect until and including December 21, 2001. This
Agreement may be renewed for additional terms of one (1) year upon written agreement of the
parties no later than thirty (30) days prior to the scheduled termination of the Agreement.
25.
Anything herein to the contrary notwithstanding, either the city or the Agent may
cancel this Agreement forthwith by notifying the other party in writing no fewer than thirty (30)
days prior to the date of said cancellation.
26.
The parties hereto understand and agree that if any part, term or provision of this
Agreement is finally determined by the courts to be illegal, unenforceable, or in conflict with any
law of the State of Georgia, the validity of the remaining portions or provisions shall not be
affected, and the rights and obligations of the parties shall be construed and enforced as if the
Agreement did not contain that particular part, term or provision determined to be invalid.
27.
The "requisite amount" of "public liability insurance" required to be carried by
Agent pursuant to paragraph 21 of this Agreement, shall mean errors and omissions, insurance
and public liability insurance having limits of coverage not less than $1,000,000.00 and City
shall be listed as an additional named insured in all policies of insurance providing any such
coverage.
28.
. Agent shall also maintain in full force and effect at all times during this,Agreement a bond in
which the City is listed as the sole Obligee in the penal amount of not less than $25,000.00
issued by an insurance company licensed to do business in the State of Georgia conditioned upon
Agent's performance of its obligations under this Agreement and payment of all sums becoming
due the City hereunder. Agent shall also maintain in full force and effect at all times during the
term of this Agreement an employee's fidelity bond in the penal sum of not less than $25.000.00
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issued by an insurance carrier duly licensed to do business in the State of Georgia in which the
City is listed as sole Obligee.
29.
This Agreement constitutes the entire understanding and agreement between the
parties and no variations or substitutions shall be made except in writing by the parties or their
duly authorized representatives.
IN WITNESS WHEREOF, the parties have hereunto executed this Agreement
by having the same signed by their duly authorized representatives.
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Notary,PubIC. RIchmOnd County, Georgia
My CommIsSIon EJcpIre8 Jan. 4, 2005
Signed, Sealed and Delivered
on the _ day of ,2001 in
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