Loading...
Resolution No. 80801 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WA 23 24 25 26 27 28 RESOLUTION NO. 8080 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF VERNON APPROVING AND RATIFYING THE EXECUTION OF A GENERAL AGREEMENT BY AND BETWEEN THE CITY OF VERNON AND J.J. MAC INTYRE CO., INC. FOR COLLECTION SERVICES WHEREAS, the Finance Department has determined that it needs the services of a collection agency to provide debt collection services for the large number of past due accounts that have accumulated; and WHEREAS, the collection of these delinquent accounts is a time-consuming process that the Finance Department is not staffed to handle; and WHEREAS, City staff obtained informal quotes from collection agencies used by other cities and determined that the firm of J.J. Mac Intyre Co., Inc. ("J.J.") met the requirements of the Finance Department; and WHEREAS, J.J. provided the City with a General Agreement memorializing the terms and conditions of its collection recovery services; and WHEREAS, in order to meet the urgent need for the collection of past due accounts, the City Administrator executed a General Agreement with J.J. on September 25, 2002, subject to ratification by the City Council; and WHEREAS, on October 1, 2002, the Finance Committee recommended that the City Council approve the recommendation of Bruce V. Malkenhorst, Director of Finance, dated September 26, 2002, that J.J. be retained to pursue the collection of outstanding invoices and that the agreement with J.J. be ratified; and WHEREAS, the City Council desires to approve and ratify the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 General Agreement, as executed by the City Administrator, for debt collection services; and WHEREAS, the City Council of the City of Vernon has determined that, pursuant to the provisions of subsection (a) of Section 2.27 of the Vernon City Code, it is in the public interest and necessity to ratify entering into the General Agreement with J.J. to enhance services provided to the Vernon community. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VERNON AS FOLLOWS: SECTION 1: The City Council of the City of Vernon hereby finds and determines that the recitals contained hereinabove are true and correct. SECTION 2: The City Council of the City of Vernon hereby ratifies the execution of the General Agreement with J.J., a copy of which is attached hereto as Exhibit "A" and made a part hereof. SECTION 3: The City Clerk of the City of Vernon shall certify to the passage of this resolution, and thereupon and thereafter the same shall be in full force and effect. APPROVED AND ADOPTED this 9tn day of October, 2002. ATTEST: BRUCE V. MALKENHORST, City Clerk LEONIS C. MAL URG, Ma 'or ■ — 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 STATE OF CALIFORNIA ) ) ss COUNTY OF LOS ANGELES ) I, BRUCE V. MALKENHORST, City Clerk of the City of Vernon, do hereby certify that the foregoing Resolution, being Resolution No. 8080, was duly adopted by the City Council of the City of Vernon at an adjourned regular meeting of the City Council duly held on Wednesday, October 9, 2002, and thereafter was duly signed by the Mayor of the City of Vernon. (SEAL) BRUCE V. MALKENHORST, City Clerk. - 3 - EXHIBIT A EXHIBIT 0 10/01/2002 09:35 FAX 323 581 7924 CITY.OF VERNON J LEHR Z003 J.J. Mac Intyre Co_, Inc. Collection Recovery Services GENERAL AGREEMENT This agreement made and entered into this 25thdayof September , 2002, by and between City of Vernon, hereinafter referred to as CLIENT and J. J. Mac Intyre Co,, Inc., licensed collection agencies, hereinafter referred to as AGENCY. AGENCYshall provide collection services for CLIENT delinquent accounts receivable and other monies owed to CLIENT. All accounts assigned for collection to AGENCY by CLIENT are bona fide accounts, justly owing, due and unpaid. AGENCY is to act as Attorney -in -fact for CLIENT on all accounts assigned, and to perform all acts necessary to effect collection. AGENCY is authorized to endorse checks, etc. made payable to CLIENT and to deposit same into AGENCY'S trust account. AGENCY will furnish CLIENT with a statement each month and net check covering all collections received during the month by the 15d'day of the following month. Under this Agreement, AGENCY is authorized, but not obligated, to bring suit and to use all other legal methods to enforce collection of accounts assigned hereunder. AGENCY is not a law firm, and it files lawsuits at i[s sole discretion. AGENCY has made no promise or guarantee that it will actually file suit. CLIENT is hereby advised that, in California, the Statute of Limitations requires that any suit must be filed within four years from the date of the first breach of a written agreement and two years from the first breach of an oral agreement. CLIENT hereby agrees that AGENCY will not be responsible if the Statute of Limitations expires on any account assigned for collection. AGENCY agrees to advance all court costs and attorney fees to be deducted from the first monies collected. Interest and returned check charges by AGENCY shall be retained by AGENCY. Rates: No Collection - No Charge, Twenty (20%) percent commission on all collections on balances assigned during first 30 days, Thirty (30%) percent commission on all collections on balances assigned on day 31 and after, Forty (40%) percent commission on all collections on balances processed through the legal office, Forty-five (45%) percent commission on all collections on balances that have been skip traced and/or forwarded. Rate applies to money paid directly to CLIENT or to AGENCY. We hereby agree that all accounts heretofore, herewith, or hereafter assigned hereunder shall be subject to the terms of this agreement. Executed in Los Angeles County, California on this 25thday of September, 2002. AGENCY J• J. Mac Intyre Co., Inc. Tanya Jones, Sales Re esentative 1801 California Avenue Corona, California 92881 (909.) 898-4311 SC: 330 Agency Number: Client Number: Date: August 5, 2002 CLIENT City of Vernon Authorized Signature 4305 Santa Fe Avenue Vernon, CA 90059 Phone- (323) 583-8811 Fax. Contact: Martha Valenzuela, Finance Department pMpkr•�•I-�xi .� •' `� � � ° ' " " i4' �A "i �l' 'f"a17�in`�nia 'A�ve� f mm�a iimar rn*n r a 47!!R I . phnne• gnq-R4R-, 4!%nn . AM-1,71 _Oitr • Fa,r• 9(19..MIA49R' • Nnww. SUPPORTING DOCUMENTS CITY COUNCIL LEONIS C. MALBURG Mayor THOMAS A. YBARRA Mayor Pro —Tern WM. 'BILL" DAVIS Councilman H. "LARRY" GONZALES Councilman W. MICHAEL MCCORMICK Councilman BRUCE V. MALKENHORST City Administrator/City Clerk FAX (323) 826-1438 Finance Committee City of Vernon Honorable Members: z EDUARDO OLIVO City Attorney FAX: (562) 869-1883 KEVIN WILSON Director of Community Services & Water FAX: (323) 826-1435 CITY HALL 4305 SANTA FE AVENUE, VERNON, CALIFORNIA 90058 TELEPHONE (323) 583-8811 September 26, 2002 KENNETH J. DeDARIO Director of Utilities FAX: (323) 826-1425 STEVEN E. PARKER Fire Chief FAX: (323) 826-1407 BRUCE W. OLSON Police Chief FAX: (323) 826-1481 /C \�(�v � v. The Finance Department is accumulating a large number of outstanding invoices due and payable to the City of Vernon. The collection of these invoices is a time consuming process that the department is not staffed to handle. The Collection Recovery Services of J.J. Mac Intyre Co. Inc., have been retained to pursue the collection of outstanding invoices and it is hereby recommended that the Collection Recovery Service Agreement with J.J. Mac Intyre Co., Inc. be ratified. Very truly yours, Bruce V. Malkenhorst Director of Finance BVM/gm ` t l OFFICE MEMORANDUM FINANCE DEPARTMENT DATE: September 26, 2002 TO: Bruce V. Malkenhorst, City Administrator FROM: Martha Valenzuela, Finance Office Manager SUBJECT: J.J. Mac Intyre Co., Inc. The Finance Department has been in need of a collection agency to collect on past due invoices that we have tried to collect in house and have been unsuccessful. Raquel Franco called different cities to find out what collection agency they were using. J.J. Mac Intyre Co., Inc., was the best suited to handle our collections. Their fee is based on the attached agreement. Orosco, Gloria From: Valenzuela, Martha Sent: Wednesday, September 25, 2002 2:08 PM To: Orosco, Gloria Subject: RE: Agreement Can we begin using their services or do we have to wait for Council approval? I would like to begin using their services right away. -----Original Message----- From: Orosm, Gloria Sent: Wednesday, September 25, 200212:58 PM To: ValermMa, Martha Subject: RE: Agreement �/✓ ' i guess you should probably give me a copy of your copy & then we will present it to either finance or council to ratify bruce's execution effective the date he signed it. this would also give us a resolution to more easily track the agreement in the future if we need to. -----Original Message -- From: Vatenzuela, Martha Sens: Wednesday, September 25, 2002 9:07 AM To: Orosco, Gloria Subject: RE: Agreement The collection agency will keep 20% 30days; 30% 31day and after; 40% if collection has to be handled by their legal office and 45% for collections that have been skip traced. There is no annual or monthly fee. Only if they collect. -----Original Message ----- Front Orosm, Gloria Sent: Wednesday, September 25, 2002 8:29 AM To: Valenzuela, Martha Subject: RE: Agreement the first question i need to ask is what this will be costing the city? -----Original Message ----- From: Valenzuela, Martha Sent: Wednesday, September 25, 2002 8:16 AM To: Orosco, Gloria Subject: Agreement We are going to be contracting with J.J. Mac Intyre Co., Inc. for the collection of our past due invoices that we have tried collecting but have gotten nowhere. Bruce has already signed the agreement, do you need a copy of it? I only have one original that I need to mail to the company. Also can we start using their services now or do we have to wait for Council approval? Please advise. Thank you.