Res 141-86 9/16/1986RESOLUTION NO. /4/. 010
RESOLUTION APPROVING CONTRACT WITH CHILTON
CORPORATION FOR COLLECTION OF DELINQUENT
ACCOUNTS RECEIVABLE.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WICHITA
FALLS, TEXAS, THAT:
That certain contract, a copy of which is attached hereto,
between the City of Wichita Falls and Chilton Accounts Receivable
Management, is hereby approved, and the City Manager is authorized
to execute the same for the City of Wichita Falls. This contract
supersedes and replaces the contract heretofore executed by
the City and Chilton by authority of Resolution No. 111-83.
PASSED AND APPROVED this the 16th day of September, 1986.
M A Y O R
LidiJ
ATTEST:
City Clerk
C-0291(2/85)
AIDEIUM ACCOUNTS
RECEIVABLE
MANAGEMENT
t On.:.s.0 fMr(4ilt 0(,,.p,wvu
CUSTOMER SERVICE AGREEMENT
with
CHILTON CORPORATION, it's Accounts Receivable Managment Subsidiaries
and affiliated collection agencies hereafter referred to as AGENCY
Chilton Corporation, and its collection subsidiaries (hereinafter referred to as "Agency"), agrees to render collection
services to City of Wichita Falls Utility_(hereinafter referred as"Client")on accounts forwarded to
it by them. Each account forwarded by Client shall be deemed,transferred,and set over to Agency for collection subject to
the following terms, conditions and provisions:
1) All collection efforts, including, but not limited to,telephone calls, personal contacts, and correspondence, shall
be conducted in Agency's name, and not in the name of Client. All suit actions by Agency must be approved
in writing by Client.
2) All collection efforts shall be entirely peaceful and shall not in any manner cause a breach of the peace.
3) Client will keep Agency informed of any payments received by Client on accounts transferred to Agency so that
such accounts may be properly credited.
4) Each month, Agency shall furnish Client an itemized statement showing for such period the amount of each
payment received, the date of payment, and the party making the payment.
5) Agency shall promptly remit to Client the amount of all monies collected during each preceding thirty (30) day
period less applicable collection fees unless other arrangements have been made in Section 9.
6) Agency hereby promises and agrees to indemnify Client; it's successors and transfers, and to hold Client
harmless for and against all damage, cost, loss, and expense including, but not limited to any attorney fees, and
witness litigation expense of every nature that Client may suffer, incur, or become bound for by reason of any
actions, suits, proceedings, claims or demands made by Agency or on Agency's behalf or at Agency's direction,
except with respect to any such damage, costs, loss, or other expense caused by failure of Client to furnish
pertinent information in the matter of herein guaranteed by the Client. Client, in consideration of the promises of
Agency, herein contained,guaranteed that the information furnished Agency regarding the identity of the debtor,the balance of the account and the payments and credits due Client will be accurately taken from Clients books
and records. Client hereby promises and agrees to idemnify Agency for all damages including bodily injury as a
result of the actions or failure to act of Client, its employees, officers and agents.
7) The unpaid balance of any account transferred to Agency hereunder will be promptly transferred to Client upon
its request with the exception of any account that has been referred by Agency to an attorney for the bringing of a
suit for collection. Agency shall not be entitled to any portion of any amount paid on any such account after the
date of transfer to Client even if the amount paid is direct to Agency.
8) Upon placement of accounts for collection to agency client agrees that:
A. Commissions on such accounts are earned whether payment is made direct to client or agency.
B. Client will report all payments made directly to client on a timely basis.
C. Full commissions are due and payable on accounts withdrawn from agency while in the process of