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<br />COLLECTION SERVICES AGREEMENT <br /> <br />'1:g (vi M 'L - <br />This Agreement is made this thc;o.1 -~ day of o/em U?:r , 2006, between the City <br />of San Marcos, Texas ("City"), 630 East Hopkins, San Marcos, Texas 78666 and ONLINE <br />Information Services, Inc. dba ONLINE Collections ("Consultant") 202 West Fire Tower Road, <br />Winterville, N.C. 28590, for the provision of collection services for utility billing. <br /> <br />The City and the Consultant agree as follows: <br /> <br />ARTICLE 1 <br />CONSUL T ANT'S SERVICES AND RESPONSIBILITIES <br /> <br />1.1 STANDARDS OF PERFORMANCE <br /> <br />1.1.1 The Consultant will be responsible for the collection of past due accounts receivables for <br />the City Finance Department/Utility Billing Division to include receivables for balances owed to <br />the City for utility services including electric, water, sewer, refuge, and drainage. <br /> <br />1.1.2 The Consultant is a member of the American Collectors Association, and the <br />performance of all services by the Consultant in connection with this Agreement will be by <br />persons trained in collection practices. The Consultant will ensure that all correspondence and/or <br />collection activity complies with the format and standards acceptable to the City and in <br />accordance with all applicable Federal, State or local law, including compliance with the Fair <br />Debt Collections Practices Act (FDCP A) and the Texas Fair Debt Collection Practices Act <br />(TFDCPA). The Consultant understands that, at a minimum, one bi-lingual collector will be <br />assigned to the City's effort. <br /> <br />1.1.3 The Consultant guarantees that all communications with debtors will be conducted in a <br />courteous and businesslike manner. The City will not tolerate the Consultant's use of profanity <br />or abusive language of any kind in the performance of its services on behalf of the City. The <br />Consultant will not misrepresent its position in performing services under this Agreement; it will <br />accurately state who and for what purpose it is making contact with debtors. Any breach of the <br />provisions of this subsection may be regarded by the City as a material default of the Agreement <br />by the Consultant. <br /> <br />1.1.4 The Consultant certifies that it is not in arrears in the payment of any obligations to the <br />City, including without limitation, property or sales taxes, fees or utility charges. <br /> <br />1.1.5 No work under this Agreement will be subcontracted by the Consultant without prior <br />written approval from the City. Any work or services subcontracted under this Agreement shall <br />be specified by separate written Agreement and shall be subject to each provision of this <br />Agreement. <br /> <br />1.1.6 Any provISIons in this Agreement pertammg to the City's review, approval and/or <br />acceptance of written materials prepared by the Consultant and/or its subconsultants, contractors, <br /> <br />1 <br />