HomeMy WebLinkAbout1992-257
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RESOLUTION NO. 92-257
2 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LEWIS & ASSOCIATES FOR DEBT
3 COLLECTION.
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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 LEWIS &
ASSOCIATES 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referenced agreement is rescinded if the parties to the agreement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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1 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF AN AGREEMENT WITH LEWIS & ASSOCIATES FOR DEBT
2 COLLECTION.
3 I HEREBY CERTIFY that the foregoing resolution was duly adopted by
4 the Mayor and Common Council of the City of San Bernardino at a
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reqular
meeting thereof, held on the
day of
July
1992, by the following vote, to wit:
6th
Council Members: AYES
ESTRADA x
REILLY X
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HERNANDEZ x
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MAUDSLEY X
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MINOR x
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POPE-LUDLAM x
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MILLER X
NAYS
ABSTAIN
ABSENT
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resolution is hereby
, 1992.
/(}jJ day
Th~OregOing
,y'
of
Approved as to
form and legal content:
JAMES F. PENMAN,
City Attorney
B()- J j&-..._
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(Approvcd'~r City RES NO 92-257 adopted 7/6/92)
AGREEMENT
This AGREEMENT is made and entered into by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called
"CITY," and LEWIS & ASSOCIATES, hereinafter called "AGENCY."
CITY and AGENCY agree as follows:
1. CITY will refer its past due accounts for collection in a
format that is mutually agreeable but may be changed from time to
time by CITY or AGENCY.
2. AGENCY will diligently apply all effort to effect
collection of each account referred for collection, but will
refrain from using any approach, method or procedure which would be
detrimental to CITY policies or public image.
3. AGENCY will abide in collection of all accounts assigned
to the fair debt collection practices act (PL 95-109) set forth by
the united States of America, and all California Laws and codes
pertaining to collection of accounts.
4. AGENCY will provide the following reports a) an
alphabetical list of accounts assigned within ten days of the
assignment, b) a monthly cancellation report confirming canceled
accounts, c) a monthly itemized statement disclosing collections
made on CITY's accounts, and commissions due, which shall accompany
a check payable to CITY of San Bernardino for monies collected on
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND LEWIS & ASSOCIATES
assigned accounts.
5. AGENCY agrees to indemnify and hold CITY and its employees
harmless from any liability, claims damages, and suits or other
legal proceedings, by whomever and whenever, brought arising out of
or relating to AGENCY conduct concerning collection of CITY past
due accounts. Said duty to indemnify and hold harmless includes
the duty to defend CITY and its employees against such liability,
claims, damages, suits, or other legal proceedings and to assume
and pay all expenses of, and incidental to, such defense.
6. CITY agrees to indemnify and hold AGENCY and its employees
harmless from any liability, claims, damages and suits or other
legal proceeding, by whomever and whenever, brought and arising out
of or relating to CITY error in accounting or misinformation on
assigned past due accounts.
7. 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.
8. AGENCY fee is 30% Commission rate on all monies collected
for past due accounts. Any account requiring legal action will be
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND LEWIS & ASSOCIATES
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returned to CITY for such action and any fee to be paid to AGENCY,
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in such case, shall be subject to agreement between the parties on
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a case-by-case basis.
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The term of this Agreement shall be for three years,
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
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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.
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10.
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.
LEWIS , ASSOCIATES
CITY OF SAN BERNARDINO
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erry Hall, Branch Manager
W. R. Holcomb, Mayor
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pproved as to form
and legal content:
ATTEST:
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AMES F. PENMAN,
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Rachel Krasney, City Clerk
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{Approved' per Cit;y Rf:o:S NO 92-257 adop-Letl 7/6/Y2)
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AGREEMENT
This AGREEMENT is made and entered into by and between the
CITY OF SAN BERNARDINO, a municipal corporation, hereinafter called
"CITY," and LEWIS & ASSOCIATES, hereinafter called "AGENCY."
CITY and AGENCY agree as follows:
1. CITY will refer its past due accounts for collection in a
format that is mutually agreeable but may be changed from time to
time by CITY or AGENCY.
2. AGENCY will diligently apply all effort to effect
collection of each account referred for collection, but will
refrain from using any approach, method or procedure which would be
detrimental to CITY policies or public image.
3. AGENCY will abide in collection of all accounts assigned
to the fair debt collection practices act (PL 95-109) set forth by
the United States of America, and all California Laws and codes
pertaining to collection of accounts.
4. AGENCY will provide the following reports a) an
alphabetical list of accounts assigned within ten days of the
assignment, b) a monthly cancellation report confirming canceled
accounts, c) a monthly itemized statement disclosing collections
made on CITY's accounts, and commissions due, which shall accompany
2 check payable to CITY of San Bernardino for monies collected on
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND LEWIS & ASSOCIATES
assigned accounts.
5. AGENCY agrees to indemnify and hold CITY and its employees
harmless from any liability, claims damages, and suits or other
legal proceedings, by whomever and whenever, brought arising out of
or relating to AGENCY conduct concerning collection of CITY past
due accounts. Said duty to indemnify and hold harmless includes
the duty to defend CITY and its employees against such liability,
claims, damages, suits, or other legal proceedings and to assume
and pay all expenses of, and incidental to, such defense.
6. CITY agrees to indemnify and hold AGENCY and its employees
harmless from any liability, claims, damages and suits or other
legal proceeding, by whomever and whenever, brought and arising out
of or relating to CITY error in accounting or misinformation on
assigned past due accounts.
7. 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.
8. AGENCY fee is 30% Commission rate on all monies collected
for past due accounts. Any account requiring legal action will be
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AGREEMENT BETWEEN CITY OF SAN BERNARDINO AND LEWIS & ASSOCIATES
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returned to CITY for such action and any fee to be paid to AGENCY,
in such case, shall be subject to agreement between the parties on
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a case-by-case basis.
9.
The term of this Agreement shall be for three years,
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
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have the right to extend the same for an additional one year period
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to and include July 5, 1996. Should CITY elect to extend the term
of this Agreement, CITY shall so notify AGENCY in writing thirty
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days prior to July 5, 1996.
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10.
CITY retains the right, at the discretion of the City
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Administrator, to terminate this Agreement upon giving a thirty day
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notice of such termination to AGENCY.
IN WITNESS WHEREOF, the parties have executed the Amendment to
day of
:)'=~ITY OF B~ ::::~ t::;/:'
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;. Rr;Zf~<(~~/;;~; AUG
ATTEST:
Agreement on the Lj fh
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LEWIIS & ASBO
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Manager
pproved as to form
and legal content:
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Racl\.el Krasney, City C erk
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AMES F. PENMAN,
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