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BILLING AND COLLECTION SERVICES AGREEMENT <br />This Agreement, is effective this 16th day of December, 2014 between the City of San <br />Marcos, Texas, (the "City "), 630 East Hopkins, San Marcos, Texas 78666 and Fire Recovery <br />USA, LLC (the "Company "), 2271 Lava Ridge Court, Suite 120, Roseville California 95661 for <br />the provision of billing and collection services for the San Marcos Fire Department (the <br />"Services "). <br />ARTICLE 1 <br />COMPANY'S STANDARD OF PERFORMANCE AND RESPONSIBILITIES <br />1.0 STANDARDS OF PERFORMANCE <br />1.0.1 The Company is responsible for billing responsible parties (residents, non - residents, and <br />insurance companies) for the San Marcos Fire Department's ( "SMFD ") provision of services, <br />equipment and materials in the event of the following events or incidents: <br />a) vehicle fires; <br />b) vehicle collisions; <br />c) extrications as a result of vehicle collisions or machinery malfunction; <br />d) hazardous material spills or releases; <br />e) rescues or rescue attempts at low water crossings; <br />f) structure fires; <br />g) residential fires; <br />h) commercial fires; and <br />i) private ambulance service assistance. <br />The Company is responsible for the collection of past due amounts for balances owed to the City <br />for the provision of the services identified above. <br />1.0.2 The Company will perform collections activities through a subcontractor who is a member <br />of the American Collectors Association, and the performance of all services by the Company in <br />connection with this Agreement will be by qualified persons trained in billing and collection <br />practices. In addition the Company represents and warrants to the City that, at all times during the <br />term of this Agreement, the Company is a limited liability company duly organized, validly <br />existing and in good standing under the of the State of Texas and that it is qualified and has the <br />skills necessary to perform the services under this Agreement in a competent and professional <br />manner, without the advice or direction of the City. The Company will ensure that all billing and <br />collection correspondence and activity complies with the format and standards acceptable to the <br />City and in accordance with all applicable Federal, State or local laws including compliance with <br />the Fair Debt Collections Practices Act ( "FDCPA ") and the Texas Fair Debt Collection Practices <br />Act ( "TFDCPA "). The Company understands that, at a minimum, one bi- lingual collector will be <br />assigned to the City. <br />Fire Recovery USA, LLC 2014 <br />1 <br />