HomeMy WebLinkAbout1992-256
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RESOLUTION NO. 92-256
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CREDIT BUREAU OF SAN BERNARDINO,
INC., FOR DEBT COLLECTION.
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY
OF SAN BERNARDINO AS FOLLOWS:
SECTION 1. The Mayor is hereby authorized and directed to
execute of behalf of said City an Agreement with CREDIT BUREAU OF
SAN BERNARDINO, INC., for debt collection, a copy of which is
attached hereto and incorporated herein, marked Exhibit "A."
SECTION 2.
The authorization to execute the above-
referenced agreement is rescinded if the parties to the agreement
fail to execute it within sixty (60) days of the passage of this
resolution.
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RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH CREDIT BUREAU OF SAN BERNARDINO,
INC., FOR DEBT COLLECTION.
I HEREBY CERTIFY that the foregoing resolution was duly
4 adopted by the Mayor and Common Council of the City of
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San Bernardino at a regular
6th day of July
Council Members:
AYES
8 ESTRADA
9 REILLY
10 HERNANDEZ
11 MAUDSLEY
12 MINOR
13 POPE-LUDLAM
14 MILLER
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of
The l:~egOing
{7
resolution is hereby approved
, 1992.
day
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
By: iJ.~ 7, j~~~
(/
meeting thereof, held on the
1992, by the following vote, to wit:
NAYS
ABSTAIN
ABSENT
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x
cBc~ ~
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U\PP_L'ove_(i pCI' City Rp:-; No 92-2"-j(J auuptbl 7/G/ci2)
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AGREEMENT
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This AGREEMENT is made and entered into by and between the
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CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called
"CITY," and CREDIT BUREAU OF SAN BERNARDINO, INC., hereinafter
called "AGENCY."
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CITY and AGENCY agree as follows:
1.
CITY agrees to periodically assign certain past due
accounts for collection to AGENCY in a mutually determined format.
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2 .
AGENCY agrees to pursue to the effect of collection on
each account assigned with due diligence adhering to local and
California Laws, and the fair debt collection practices act as set
forth in (PL 95-109) by the united States of America.
3. AGENCY agrees to proceed with collection on certain past
due accounts in a manner and technique conducive to CITY pOlicies
and in the interest of the public image of CITY.
4. AGENCY agrees to indemnify, defend, and retain CITY and
CITY's representatives, officials, and employees harmless from all
third party claims, damages, liability, suits and other legal
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roceedings relevant to the conduct of AGENCY regarding the
collection of CITY's past due accounts.
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5. AGENCY agrees to indemnify, defend, and retain CITY and
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. ,,",.
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CREDIT BUREAU OF SAN
2 BERNARDINO, INC.
3 CITY'S representatives, officials, and employees harmless from all
4 third party claims, damages, liability, suits and other legal
5 proceedings resultant to errors in accounting, recording, or other
6 misinformation on assigned past due accounts.
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6. AGENCY agrees to account for monies collected according to
9 the standards of the State of california, as established by the
Bureau of Collection and Investigative Services, 400 R Street,
suite 200, Sacramento, CA 95814.
7. AGENCY agrees to provide CITY with the following reports
(a) an acceptance of accounts assigned to AGENCY for collection
within ten days of the date of assignment; (b) a statement,
accompanying AGENCY's check payable to CITY, disclosing all monies
collected, paid accounts, and AGENCY commission.
8. AGENCY agrees to obtain prior written consent from CITY
before initiating legal action or forwarding assigned accounts.
AGENCY agrees to assume all costs associated with all legal and
forwarded accounts and will be reimbursed by debtor.
9.
CITY agrees to pay AGENCY 30% commission fee for the
collection of past due accounts assigned. In the event that legal
action is required, for such collection by AGENCY, a total
commission of 50% of any such collections shall be paid to AGENCY
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CREDIT BUREAU OF SAN
2 BERNARDINO, INC.
3 but only where such legal action is taken with the prior written
4 consent of CITY.
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10.
The term of this Agreement shall be for three years,
6 commencing on July 6, 1992, and continuing to and including July 5,
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1995.
Upon expiration of the term of this Agreement, CITY shall
have the right to extend the same for an additional one year period
to and include July 5, 1996. Should CITY elect to extend the term
of this Agreement, CITY shall so notify AGENCY in writing thirty
days prior to July 5, 1996.
11.
CITY retains the right, at the discretion of the City
Administrator, to terminate this Agreement upon giving a thirty day
notice of such termination to AGENCY.
IN WITNESS ~HEREOF, the part~s ,have executed the Amendment
Agreement on the,~~ day of ~ ' 1992.
\J (,
to
CREDIT BUREAU OF
SAN BERNARDINO, INC.
-" /~/- --- /;:-;;-.._~
--/;::r;7?7//< ),,_ /y-V
perry/ Knight, resident
'I" );i ;L
CITY OF SAN BERNARDINO
~J\~01 'Xl \::~
MI " L MAUDSLEY, YOR PRO
TEMPORE
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Approved as to form
and legal content:
ATTEST:
t:)_A~_n ~t1.~~
~ney, ity C rk
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JAMES F. PENMAN,
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'Ul.pproved per City Res No 92-256 ddopted 7/6/921
AGREEMENT
This AGREEMENT is made and entered into by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called
"CITY," and CREDIT BUREAU OF SAN BERNARDINO, INC., hereinafter
called "AGENCY."
CITY and AGENCY agree as follows:
1. CITY agrees to periodically assign certain past due
accounts for collection to AGENCY in a mutually determined format.
2. AGENCY agrees to pursue to the effect of collection on
each account assigned with due diligence adhering to local and
California Laws, and the fair debt collection practices act as set
forth in (PL 95-109) by the united States of America.
3. AGENCY agrees to proceed with collection on certain past
due accounts in a manner and technique conducive to CITY policies
and in the interest of the public image of CITY.
4. AGENCY agrees to indemnify, defend, and retain CITY and
CITY's representatives, officials, and employees harmless from all
third party claims, damages, liability, suits and other legal
roceedings relevant to the conduct of AGENCY regarding the
ollection of CITY's past due accounts.
5. AGENCY agrees to indemnify, defend, and retain CITY and
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CREDIT BUREAU OF SAN
2 BERNARDINO, INC.
3 CITY'S representatives, officials, and employees harmless from all
4 third party claims, damages, liability, suits and other legal
5 proceedings resultant to errors in accounting, recording, or other
6 misinformation on assigned past due accounts.
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6. AGENCY agrees to account for monies collected according to
9 the standards of the State of California, as established by the
Bureau of Collection and Investigative Services, 400 R street,
suite 200, Sacramento, CA 95814.
7. AGENCY agrees to provide CITY with the following reports
(a) an acceptance of accounts assigned to AGENCY for collection
within ten days of the date of assignment; (b) a statement,
accompanying AGENCY's check payable to CITY, disclosing all monies
collected, paid accounts, and AGENCY commission.
8. AGENCY agrees to obtain prior written consent from CITY
before initiating legal action or forwarding assigned accounts.
AGENCY agrees to assume all costs associated with all legal and
forwarded accounts and will be reimbursed by debtor.
9.
CITY agrees to pay AGENCY 30% commission fee for the
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collection of past due accounts assigned. In the event that legal
action is required, for such collection by AGENCY, a total
commission of 50% of any such collections shall be paid to AGENCY
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, .
1
AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND CREDIT BUREAU OF SAN
2 BERNARDINO, INC.
3 but only where such legal action is taken with the prior written
4 consent of CITY.
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10.
The term of this Agreement shall be for three years,
6 commencing on July 6, 1992, and continuing to and including July 5,
1995. Upon expiration of the term of this Agreement, CITY shall
have the right to extend the same for an additional one year period
to and include July 5, 1996. Should CITY elect to extend the term
of this Agreement, CITY shall so notify AGENCY in writing thirty
days prior to July 5, 1996.
11.
CITY retains the right, at the discretion of the City
Administrator, to terminate this Agreement upon giving a thirty day
notice of such termination to AGENCY.
IN WITNESS WHEREOF, the parties have executed the Amendment to
Agreement on the
day of
, 1992.
CREDIT BUREAU OF
SAN BERNARDINO, INC.
CITY OF SAN BERNARDINO
W. R. Holcomb, Mayor
Perry Knight, President
Approved as to form
and legal content:
ATTEST:
JAMES F. PENMAN,
~
Rachel Krasney, city Clerk
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