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HomeMy WebLinkAbout12251 ORD - 09/04/1974JRR:vp:10 /14/74 • �� �, ! Z 7 CONTRACT THE STATE OF TEXAS ¢ COUNTY OF NUECES ¢ THIS CONTRACT entered into by and between the City of Corpus Christi, Nueces County, Texas, a municipal corporation, body politic and home rule city operating under the home rule statutes of the State of Texas, hereinafter referred to as "CITY ", and Credit Bureau Collections, a division of Associated Credit Services, Inc., of Corpus Christi, Nueces County, Texas, hereinafter referred to as "BUREAU ": W I T N E S S E T H: 1. Bureau agrees to collect and assist in the collection of certain delinquent accounts owed the City for water, gas, wastewater services, and garbage service. Such accounts are those that have been transferred to inactive accounts and are deemed uncollectible by City. 2. Bureau hereby accepts the terms of this contract, and in con- sideration of the compensation to be paid, as hereinafter set out, agrees to pursue and collect the bills submitted to Bureau in accordance with the pro- fessional ethics of collection and in full compliance with all Federal, State and Local laws pertaining thereto. 3. Unless otherwise agreed, delinquent accounts are listed with the Bureau by City for a period of one year. Thereafter, they may be with- drawn by City upon written request specifying such accounts by account number. 4. Customers sent to the City office by Bureau to make payments on their delinquent account shall be considered as collections made by Bureau. Bureau shall notify City of the collection efforts had with each delinquent account. 5. Customers paying their delinquent accounts at the City office from whom no collection efforts have been pursued by Bureau shall be considered a collection of the City and City shall so notify Bureau that it may delete the customer from its files. 6. As compensation for the performance of the duties of collect- ing the accounts City hereby agrees to pay Bureau fifty percent (50 %) of the amount collected by Bureau's efforts. Such payments shall be made upon the following basis: Between the 10th and 15th day of each month, Bureau shall submit a list of all collections made by it during the preceding month. Such list shall include account number, name, amount collected, and the date col- lected and accompanied by the payment for the entire amount. Bureau shall, between the 10th and 15th day of each month, submit an invoice as to the amount due it, being 50% of the total amount submitted. City, upon receipt of the invoice and collections, and after approval by the Director of Public Utilities or his designee, shall remit the amount due to Bureau. 7. Bureau agrees to indemnify and hold harmless City from any liability and/or claims arising out of acts or omissions by Bureau, its officers, employees, agents, and subcontractors in Bureau's execution of this contract. 8. Bureau agrees that none of its officers, employees, agents or subcontractors shall be considered as employees of City and City shall not be liable in any way for any injury sustained to the person of these officers, employees, agents, or subcontractors. 9. It is further specifically agreed that no officers, employees, subcontractors or agents of Bureau shall hold themselves out as employees or officers of the City of Corpus Christi at any time. 10. This contract may be terminated immediately by City upon a breach by Bureau of any of the terms and conditions hereof, as determined by the Director of Public Utilities or his designee. It is further agreed that this contract may be terminated by either party without cause by giving the other party 30 days written advance notice of such termination. Bureau shall maintain at all times with the Director of Public Utilities its current address for purposes of this section. Any notice directed to City shall be directed to the Director of Public Utilities, P. 0. Box 9277, Corpus Christi, Texas 78408. In the event of termination of this contract under the provisions of this section, Bureau shall immediately return all uncollected delinquent -2- accounts to City under conditions specified, consistent with the terms of this contract, by the Director of Public Utilities. EXECUTED IN DUPLICATE, each of which shell be considered an origi- nal, this the 40 ay of S&:PrtA,)3&—g— , 1974. ATTEST: CITY OF CORPUS C,HHRRISTI • ByC c- ty Secre ery R. MerviYTowns� City Manager APPROVED- DAY OF 1974: EYFC. ggg , City Attorney ATTEST: Secretary CREDIT BUREAU COLLECTIONS BY AUTNOWE6 By COUNCIL ECWT JRR:VMR:9 -3 -74: 1ST is AN ORDINANCE AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CREDIT BUREAU COLLECTIONS, A DIVISION OF ASSOCIATED CREDIT SERVICES, INC., LOCATED AT 509 LAWRENCE STREET, CORPUS CHRISTI, NUECES COUNTY, TEXAS, APPOINTING SAID CREDIT BUREAU COLLECTIONS AS ITS AGENT FOR THE SOLE PURPOSE OF COLLECTING AND ASSISTING THE COLLECTION OF UTILITY BILLS OF THE DEPARTMENT OF PUBLIC UTILITIES, CITY OF CORPUS CHRISTI, OF CUSTOMERS WHO NO LONGER HAVE SERVICES WITH THE CITY OF CORPUS CHRISTI AND WHOSE ACCOUNTS HAVE BEEN TRANSFERRED TO INACTIVE ACCOUNTS AND DEEMED UNCOL- LECTABLE, TERMINATION UPON BREACH OF AGREEMENT BY AGENT HEREIN PROVIDED FOR, FOR AND IN CONSIDERATION OF FEES AS SHOWN HEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A"; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. THAT THE CITY MANAGER BE AND IS HEREBY AUTHORIZED AND DIRECTED, FOR AND ON THE BEHALF OF THE CITY OF CORPUS CHRISTI, TO EXECUTE A MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CREDIT BUREAU COLLECTIONS, A DIVISION OF ASSOCIATED CREDIT SERVICES, INC., 509 LAWRENCE STREET IN THE CITY, TO ACT AS THE CITY'S AGENT FOR THE SOLE PURPOSE OF COLLECTING AND ASSISTING IN THE COLLECTION OF CERTAIN BILLS OWED THE CITY FOR WATER, GAS, WASTEWATER SERVICES, AND GARBAGE SERVICE, THESE BILLS OWED CONSIST OF THOSE CUSTOMERS WHO NO LONGER HAVE ACCOUNTS WITH THE CITY AND WHOSE ACCOUNTS HAVE BEEN TRANSFERRED TO INACTIVE ACCOUNTS AND DEEM UNCOL- LECTABLE, AND PROVIDING FOR TERMINATION UPON BREACH OF AGREEMENT BY AGENT; FOR AND IN CONSIDERATION OF FEES AS SCHEDULED THEREIN, ALL IN ACCORDANCE WITH SAID AGREEMENT, A COPY OF WHICH IS ATTACHED HERETO AND MADE A PART HEREOF, MARKED EXHIBIT "A ". SECTION 2. THE NECESSITY TO AUTHORIZE THE CITY MANAGER TO EXECUTE THE AFORESAID AGREEMENT FOR THE PURPOSE OF COLLECTING AND ASSISTING IN COLLECTION OF UTILITY BILLS OF THE DEPARTMENT OF PUBLIC UTILITIES AS HERE- . IN OUTLINED CREATES A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSITY REQUIRING THE SUSPENSION OF THE CHARTER RULE THAT NO ORDINANCE OR RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF ITS INTRODUCTION BUT THAT SUCH ORDINANCE OR RESOLUTION SHALL BE READ AT THREE SEVERAL MEETINGS OF THE CITY 12251 • • COUNCIL, AND THE MAYOR HAVING DECLARED SUCH EMERGENCY AND NECESSITY TO EXIST, AND HAVING REQUESTED THE SUSPENSION OF THE CHARTER RULE AND THAT THIS ORDINANCE TAKE EFFECT AND BE IN FULL FORCE AND EFFECT FROM AND AFTER ITS PASSAGE, IT IS ACCORDINGLY SO ORDAINED, THIS THE DAY OF SEPTEMBER, 1974. ATTEST: Cpl SECRETARY APP 0 ED DAY OF SEPTEMBER, 1974: CITY ATTORNEY MAYO THE CITY OF CORPUS CHRISTI, TEXAS sxx:vp:10/14/74 t CONTRACT THE STATE OF TEXAS COUNTY OF NUECES THIS CONTRACT entered into by and between the City of Corpus Christi, Nueces County, Texas, a municipal corporation, body politic and home rule city operating under the home rule statutes of the State of Texas, hereinafter referred to as "CITY ", and Credit Bureau Collections, a division of Associated Credit Services, Inc., of Corpus Christi, Nueces County, Texas, hereinafter referred to as "BUREAU ": WITNESSETH: 1. Bureau agrees to collect and assist in the collection of certain delinquent accounts owed the City for water, gas, wastewater services, and garbage service. Such accounts are those that have been transferred to inactive accounts and are deemed uncollectible by City. 2. Bureau hereby accepts the terms of this contract, and in con- sideration of the compensation to be paid, as hereinafter set out, agrees to pursue and collect the bills submitted to Bureau in accordance with the pro- fessional ethics of collection and in full compliance with all Federal, State and Local laws pertaining thereto. 3. Unless otherwise agreed., delinquent accounts are listed with the Bureau by City for a period of one year. Thereafter, they may be with- drawn by City upon written request specifying such accounts by account number. 4. Customers sent to the City office by Bureau to make payments on their delinquent account shall be considered as collections made by Bureau. Bureau shall notify City of the collection efforts had with each delinquent account. 5. Customers paying their delinquent accounts at the City office from whom no collection efforts have been pursued by Bureau shall be considered a collection of the City and City shall so notify Bureau that it may delete the customer from its files. r--XHlI3 /T "A 6. As compensation for the performance of the duties of collect- ing the accounts City hereby agrees to pay Bureau fifty percent (50 %) of the amount collected by Bureau's efforts. Such payments shall be made upon the following basis: Between the 10th and 15th day of each.month, Bureau shell submit a list of all collections made by it during the preceding month. Such list shall include account number, name, amount collected, and the date col- lected and accompanied by the payment for the entire amount. Bureau shall, between the 10th and 15th day of each month, submit an invoice as to the amount due it, being 50% of the total amount submitted. City, upon receipt of the invoice and collections, and after approval by the Director of Public Utilities or his designee, shall remit the amount due to Bureau. 7. Bureau agrees to indemnify and hold harmless City from any liability and /or claims arising out of acts or omissions by Bureau, its officers, employees, agents, and subcontractors in Bureau's execution of this contract. 8. Bureau agrees that none of its officers, employees, agents or subcontractors shall be considered as employees of City and City shall not be liable in any way for any injury sustained to the person of these officers, employees, agents, or subcontractors. 9. It is further specifically agreed that no officers, employees, subcontractors or agents of Bureau shall hold themselves out as employees or officers of the City of Corpus Christi at any time. 10. This contract may be terminated immediately by City upon a breach by Bureau of any of the terms and conditions hereof, as determined by the Director of Public Utilities or his designee. It is further agreed that this contract may be terminated by either party without cause by giving the other party 30 days written advance notice of such termination. Bureau shall maintain at all times with the Director of Public Utilities its current address for purposes of this section. Any notice directed to City shell be directed to the Director of Public Utilities, P. 0. Box 9277, Corpus Christi, Texas 78408. In the event of termination of this contract under the provisions of this section, Bureau shall immediately return all uncollected delinquent -2- 0 1 .. 0 accounts to City under conditions specified, consistent with the terms of this contract, by the Director of Public Utilities. EXECUTED IN DUPLICATE, each of which shell be considered an origi- nal, this the day of , 1974• ATTEST: CITY OF CORPUS CHRISTI BY City Secretary R. Marvin Townsend City Manager APPROVED: DAY OF , 1974: ` City Attorney CREDIT BUREAU COLLECTIONS ATTEST: By Secretary Corpus Christi, Texas day of , 19 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, a public emergency and imperative necessity exist for the suspen- sion of the Charter rule or requirement that no ordinance or resolution shall be passed finally on the date it is introduced, and that such ordinance or resolution shall be read at three meetings of the City Council; I, therefore, request that you suspend said Charter rule or requirement and pass this ordi- nance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, MAYOR THE CITY OF CORPUS CHRISTI, TEXAS The Charter rule was suspended by the following vote: Jason Luby James T. Acuff Rev. Harold T. Branch Thomas V. Gonzales Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark The above ordinance was passed by the fol owing vote: Jason Luby James T. Acuff Rev, Harold T. Branch Thomas V. Gonzales 4e4-4A_ Ricardo Gonzalez Gabe Lozano, Sr. J. Howard Stark