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03.06 - Collection Service Agreement
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08-01-2006 Council Meeting
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03.06 - Collection Service Agreement
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SOTN 03 <br /> Agency will attempt to collect, as an independent contractor, certain accounts,drafts and other <br /> instruments hereinafter collectively referred to as"account"which represents monies due clients. <br /> In consideration of the mutual covenants,terms and conditions herein contained the parties agree as <br /> follows: <br /> 1. As to any account which Client may from time to time send to Agency for collection, Agency shall <br /> use reasonable care and its best efforts to collect such accounts pursuant to this agreement. <br /> 2. In collecting such accounts,Agency shall comply with all applicable laws,rules and regulations and <br /> shall engage only in activities and actions and use only collection tools and methods which fully comply <br /> with all applicable laws,rules and regulations. In addition,Agency shall obtain whatever licenses and <br /> bonds and fulfill whatever other requirements as are required in order to perform this agreement. <br /> 3. Except as provided in Number 4 below, effective immediately Agency shall be entitled to a <br /> commission fee as stated on front of agreement. All costs and expenses incurred in connection with the <br /> collection of accounts will be borne by the Agency. Agency shall be entitled to such fee on amounts <br /> collected by or paid directly to Client on accounts which Client has sent to the Agency and which have <br /> not been returned to Client. <br /> 4. Agency shall be entitled to reimbursement of court fees when Agency determ_ines account is <br /> uncollectible and Client directs Agency to obtain a judgment for record. <br /> 5. Client agrees to promptly notify Agency of any and all payments received directly and not <br /> make arrangements without contacting agency. <br /> 6. Client agrees to the charges set forth in this agreement and shall promptly pay Agency's statements <br /> which shall be due upon receipt. <br /> 7. Agency will keep complete and accurate records with respect to all accounts handled and action <br /> taken with respect thereto, which records Agency will allow Client to inspect,audit and/or <br /> review upon Client's request. <br /> 8. Any monies collected by Agency on accounts sent to it by Client shall be remitted in full to Client on <br /> a monthly basis(less any fee to which Agency is entitled as specified in Number 3),together with an <br /> itemized report, listing the accounts upon which collections were made,the amounts of the fee deducted <br /> or due Agency for collections. <br /> 9. All monies collected by Agency on accounts shall be kept in a separate Trust Account and not <br /> commingled with other funds or monies until such time that they are remitted to Clients. <br /> 10. Agency will make no settlement for less than full amount due on an account nor institute any legal <br /> action or law suit with respect to an account without written or verbal consent of Client. <br /> 11. Agency is and shall be at all times be an independent contractor in the performance of this <br /> agreement. <br /> 12. This agreement may be terminated by either party upon a thirty(30)day written notice. '1 <br />
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