RES 87450 - Laserfiche WebLink

PROPOSED CONTRACT This Agreement made and entered into this day of , 19 . by and between GC Services Limited Partnership with offices at 881Sneath Lane, San Bruno, California 94066, hereinafter referred to as "Agency" and City of Pleasanton, with offices at 200 Old Bernal Avenue, Pleasanton, California 94566, hereinafter referred to as "Client". WITNESSETH: WHEREAS, Client may have unpaid accounts which it may desire Agency to collect from time to time, and WHEREAS, Agency is qualified to collect such unpaid accounts, and desires to handle such accounts as may be referred by Client: NOW THEREFORE IN CONSIDERATION OF THE MUTUAL CONVENANTS HEREIN CONTAINED, THE PARTIES HERETO AGREE AS FOLLOWS: 1. The agency agrees to undertake the collection of such accounts as the Client decides to place with the Agency for the purpose of collection, and to use due diligence and employ such lawful means, methods, and procedures as in its judgment, discretion, and experience it believes will best effect the collection of such accounts. 2. The Agency agrees that the Client will not be liable for any expense incurred by the Agency incidental to the settlement or the realization of the accounts placed with the Agency for collection except as herein provided. No compromise settlements will be accepted or suits instituted without the consent of the Client. 3. The Agency agrees to indemnify and hold the Client harmless against any and all liability, cost, and expenses, including attorneys fees, occasioned by claims or suits for loss or damages arising out of the acts of the agents, servants or employees of the Agency during the term of this Agreement. Conversely, the Client agrees to indemnify and hold the Agency harmless against any and all liability, cost and expenses, including attorneys fees, occasioned by claims or suits for loss or damages arising out of the acts of the agents, servants, or employees of the Client. 4. The Agency agrees to remit monthly to the Client the full amount of all monies, including interest obtained on accounts reduced to judgment, collected on accounts placed by the Client with the Agency for collection, less the commissions earned by the Agency. 5. The Client agrees to advise the Agency immediately on payments made directly to the Client and to indemnify and hold the Agency harmless against any and all liability, loss, and expenses including attorney fees, occasioned by claims or suits for loss or damages arising out of the failure by the Client to so notify the Agency. 6. The Client agrees to pay Agency a fee equal to (See Appendix A) of the monies collected, either paid to Agency or paid to Client from accounts placed for collection under this Agreement. On accounts approved by Client for litigation, Client agrees to pay Agency a fee equal to (See Appendix A) of monies collected on such accounts. 09/87