HomeMy WebLinkAboutCredit Bureau of Ukiah, Inc. 2016-06-16l`UGC h'v RU
CREDIT BUREAU OF UKIAH, INC.
A PROFESSIONAL COLLECTION AGENCY
117 CLARA AVENUE P.O. BOX 388 UKIAH, CALIFORNIA 95482
(707) 462-3811 (707) 462-3898 - fax
This agreement sets forth the terms and conditions by which the assignee CREDIT BUREAU OF UKIAH,
INC. agrees to provide services forthe "Assignor," City of Ukiah.
Credit Bureau agrees to undertake the collection of accounts placed with Credit Bureau by client for the
purpose of collection, and to use diligence and employ such lawful, ethical and professionally acceptable
means, methods and procedures in the collection of such accounts as shall be consistent with applicable
law. Credit Bureau shall conduct its relations with client's debtors in a fair, honest and ethical manner.
Credit Bureau shall, be in compliance with all federal, state and local laws and regulations governing
debt collection and represents and warrants that it has all necessary licenses, permits or authorizations
as may be required by applicable law to collect debts in any state where client refers accounts.
The Credit Bureau agrees to use reasonable efforts to maintain the security of all private
information and prevent unauthorized use and/or disclosure of such information as required by law. The
Credit Bureau further agrees to advise the Assignor if and when any breaches or violations have
occurred. A copy of our privacy policy is attached.
Credit Bureau shall indemnify and defend Assignor from and against any claim by a debtor that
Credit Bureau has failed to comply with all applicable state and federal laws governing the collection of
debts or has failed to adequately maintain the privacy of information collected or maintained by Credit
Bureau in the course of performing services under this Agreement for Assignor. Such indemnification
and defense shall include, but is not limited to, all costs of a legal defense, such as the fees and expenses
of attorneys, investigators, experts and consultants, filing and service fees and other litigation expenses,
the payment in full of any settlement or judgment, and any expenses incurred by Assignor resulting
from the claim.
The Assignor agrees to provide documentation which proves the debt, including, but not limited to,
all judgments, legal documents, signed contracts or agreements, ledgers and written communications.
The Assignor agrees to a contingent fee of 35% of the amount recovered on all accounts. If the
Credit Bureau files and diligently prosecutes legal action in the collection of an assigned
account, it shall be entitled to a contingent of 50% of the amount recovered. Accounts already
reduced to judgment will be accepted at a 35% contingent fee.
In the event that legal action is filed and diligently prosecuted in the collection of the account, all
attorney fees, court costs, and civil officer's fees will be paid by the Credit Bureau. Assignor's sole
contribution to the costs of collection is the contingent fee. Any amount collected by the Credit Bureau
over and above the face amount of the claim, including interest, may be retained by the Credit Bureau
up to, but not exceeding, its costs of collection. Any amounts recovered by the Credit Bureau that
exceed its costs of collection shall be subject to the applicable contingent fee but the remaining balance
shall be paid to Assignor.
Claims settled directly with a debtor by the Assignor orwithdrawn during the process of
collection are subjecttothe regular commission rate. Itis further agreed by the Assignor to report to
the Credit Bureau within two (2)working days all payments made directly to the Assignor on all
accounts assigned to the Credit Bureau. The Credit Bureau is authorized to endorse anynegotiable
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instrument received in payment ofthese accounts. Within I 0 working days of the last
working day of each month, the Credit Bureau shall provide Assignor
statements ofall payments received by Credit Bureau in that month which also reports the Credit
Bureau's portion of the payment.
Credit Bureau of Ukiah reports delinquent accounts to Experian and Trans Union credit reporting
agencies. Debtors are notified by written communication that the account will be reported if the
account is not paid within 50 days of referral. Accounts paid after they have been reported are also
updated on a monthly basis.
This agreement may be terminated at any time by either party by giving the other party a thirty (30) day
prior written notice. The Credit Bureau will retain accounts assigned to the Credit Bureau while this
Agreement remains in effect, and Credit Bureau will continue to pursue collection of the account until
the statute of limitations on each such account has expired.
Formal notices, demands, payments and other communications between the Credit Bureau and
Assignor shall be deemed given and received, on the date received, when given by express delivery
service, such as UPS or Federal Express, with a delivery receipt, or delivered personally, with a delivery
receipt, or delivered by fax or email, with an acknowledgment of receipt, or 48 hours after deposit in the
United States mail with proper first class postage affixed thereto, if addressed as follows:
Assignor: Credit Bureau
City of Ukiah Credit Bureau of Ukiah
Attention: Finance Director Attention: Melissa Burke, President
Ukiah Civic Center
300 Seminary Ave.
Ukiah, CA 95482 Fax:
Fax: 707-463- Email:
Email:
This agreement represents the entire agreement between the parties on the matters covered
herein, and supersedes any prior or contemporaneous agreement, whether written or oral. This
agreement may only be amended by a written document, signed by the parties. If any court of
competent jurisdiction finds any portion of the agreement to be void or unenforceable, the balance of
the agreement shall remain in force and effect so long as the general intent of the parties continues to
be met.
ASSIGNOR CREDIT BUREAU OF UKIAH—tke,(144,24.! n )
City of Ukiah By:GCJ
Melissa Burke, President
By: _ — Dated: (.0-/b- /6.
Saje Sangj.+Flzomo, City Manager
Dated: ie ' re
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