HomeMy WebLinkAbout1997-055
RESOLUTION NO. 97-55
2 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AUTHORIZING THE CITY PURCHASING AGENT TO EXECUTE
3 AN AGREEMENT AND ISSUE A PURCHASE ORDER BETWEEN THE CITY OF SAN
BERNARDINO AND COLLECTECH SYSTEMS, INC. FOR DELINQUENT ACCOUNT
4 COLLECTION SERVICES
5 BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
6
7
SECTION 1.
The City Purchasing Agent is hereby authorized
8 and directed to execute an Agreement and issue a Purchase Order on
9 behalf of said City with Collectech Systems, Inc., a copy of which
10 is attached hereto marked Exhibit "A" and incorporated herein by
11 reference as fully as though set forth at length.
12
SECTION 2.
The authorization to execute the above-
13 referenced agreement is rescinded if the parties to the agreement
14 fail to execute it within sixty (60) days of the passage of this
15 resolution.
16 I HEREBY CERTIFY that the foregoing resolution was duly
17 adopted by the Mayor and Common Council of the City of San
18 Bernardino at a joint regular
meeting thereof, held on the 17th
19 day of
February
, 1997, by the following vote, to wit:
20 / / /
21 / / /
22 / / /
23 / / /
24 / / /
25 / / /
26 / / /
27 / / /
28 / / /
97-55
1 RESOLUTION OF THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN
BERNARDINO AUTHORIZING THE CITY PURCHASING AGENT TO EXECUTE AN
2 AGREEMENT AND ISSUE A PURCHASE ORDER BETWEEN THE CITY OF SAN
BERNARDINO AND COLLECTECH SYSTEMS, INC. FOR DELINQUENT ACCOUNT
3 COLLECTION SERVICES
19
Approved as to
20 form and legal content:
21 JAMES F. PENMAN,
City Attorney
22
23
24
25
26
27
28
2
97-55'
1
2 THIS AGREEMENT is made and entered into by and between CITY
3 OF SAN BERNARDINO, a municipal corporation, hereinafter called
4 "CITY," and COLLECTECH SYSTEMS INC., hereinafter called "AGENCY."
5
6 WITNESSETH:
7 A. WHEREAS, CITY has need for COLLECTION SERVICES within
8 the CITY and,
9
10 B. WHEREAS, AGENCY is competent, experienced and able to
11 perform said services: and,
12
13 C. WHEREAS, AGENCY has provided the lowest responsible b;Ld
14 for the providing of such services;
15
16 NOW THEREFORE, the parties hereto agree as follows:
17
18 1. AGENCY shall furnish COLLECTION SERVICES to CITY in
19 accordance with Bid Specifications and Bidder's Proposal, both of
20 which are attached hereto, and incorporated herein as part of
21 this services agreement.
22
23 2. Over the term of this Agreement, AGENCY shall be paid
24 for such services an amount in accordance with said Bid
25 Specification and Bidder's Proposal.
26
27
28 1
SERVICES AGREEMENT
<97-55 <
1
2
3
4
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS,
INC. FOR ACCOUNT COLLECTION SERVICES.
3 .
The term of this Agreement shall be one (1) year,
5 commencing on March 1, 1997 and continuing to and including
6 February 28, 1998.
7
8
4.
CITY will refer its past due accounts for collection in
9 a format that is mutually agreeable but may be changed from time
10 to time by CITY or AGENCY.
11
12
13
14
15
16
17
5. AGENCY will diligently apply all effort to effect
collection of each account referred for collection, but will
refrain from using any approach or method of procedure which
would be detrimental to CITY policies or public image.
6. AGENCY will abide in collection of all accounts
18 assigned to the Fair Debt Collection Practices Act (PL 95-109)
19 set forth by the United States of America, and all California
20 Laws and Codes pertaining to collection of accounts.
21
22
23
24
25
26
7. AGENCY will provide reports as outlined in Bid
Specification and Bidder's Proposal.
8. AGENCY shall provide the Public Services Department
with a monthly invoice in arrears and AGENCY shall be provided
27 payment within thirty (30) days therefrom.
CITY retains the
28
2
.97-55.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS,
INC. FOR ACCOUNT COLLECTION SERVICES.
right to challenge all or any part of an invoice.
9. While not restricting or limiting the foregoing, during
the term of this Agreement, AGENCY shall maintain in effect
policies of comprehensive public,
general and automobile
liability insurance, in the amount of $1,000,000.00 combined
single limit, naming the city, and its employees, as additional
insured, and statutory worker's compensation coverage, and shall
file copies of said policies with the CITY'S Risk Manager prior
to undertaking any work under this Agreement.
10. AGENCY shall perform work tasks as directed by the
16 Public Services Department, but for all intents and purposes
17 agency shall be an independent contractor and not an agent or
18 employee of the CITY.
19
20 11. In the performance of this Agreement and in the hiring
21 and recruitment of employees, AGENCY shall not discriminate on
22 the basis of race, creed, color, religion, sex, physical
23 handicap, ethnic background or country of origin.
24
25 12. The Parties agree to indemnify and hold each other
26 harmless for any costs, damages, claims, liabilities or other
27 amounts paid by a party, including reasonable attorneys' fees and
28 3
97-55 .
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS,
INC. FOR ACCOUNT COLLECTION SERVICES.
costs, where such expenses or losses were caused by the act,
omission or negligence of the other party. The costs, salary and
expenses of the City Attorney and members of his office in
enforcing this contract on behalf of the City shall be considered
as "attorney's fees" for the purposes of this paragraph.
13. CITY agrees to indemnify and hold AGENCY and its
employees harmless from any liability, claims, damages and suits
or other legal proceedi~g, by whomever and whenever, brought and
arising out of or relating to CITY error in accounting or
misinformation on assigned past due accounts.
14. AGENCY records which refer to monies collected under
this agreement shall be kept in accordance with the accounting
standards set forth by the State of California, Bureau of
Collection and Investigative Services, 440 R Street, Suite 200,
Sacramento, California 95814.
15. AGENCY fee is $6.50 per account submitted to agency on
all monies collected for past due accounts.
Any account
requiring legal action beyond normal collection activity will be
returned to CITY for such action.
Any fee to be paid to AGENCY
in such cases, shall be paid in accordance with Bid Specification
Bidder's Proposal.
AGENCY method of payment from the payee on a
4
97-55-
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS,
INC. FOR ACCOUNT COLLECTION SERVICES.
past due account to the AGENCY, that could result in insufficient
fund checks, shall be the responsibility of the AGENCY.
16. CITY retains the right, at the discretion of the Mayor
of the City or his/her designee, to terminate this Agreement, for
any reason, upon giving a thirty (30) day written notice of such
termination to AGENCY.
17. Any notice to be given pursuant to this Agreement shall
be deposited with the United States Postal Service, postage
prepaid and addressed as follows:
TO THE CITY:
Public Services Director
300 North "D" Street
San Bernardino, CA 92418
TO THE AGENCY:
Collectech Systems, Inc.
26541 Agoura Road, Suite 101
Calabasas, CA 91302
Nothing in this paragraph shall be construed to prevent the
giving of notice by personal service.
5
97-55 .
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND COLLECTECH SYSTEMS,
INC. FOR ACCOUNT COLLECTION SERVICES.
1
2
3
4
5
6
7
8
9
10
11
12
13 Date:
IN WITNESS WHEREOF,
Agreement on the 4~l
Date:
I - Ifr Gf1
3 ,l\, 0[1
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
ATTEST:
R~rk~erk
Approved as to form
and legal content:
James
City
I
I
By:
have executed this
the parties hereto
day of 'I1V\.\J.-'liCL
, 1997.
By:
IU
CITY OF SAN BERNARDINO
By:
Murphy,
rch sing Manager
City of San Bernardino
6