Rash Curtis & Associates - 2011 AgreementWCURTIS
__._F
COLLECTION AGREEMENT/ DESCRIPTION OF SERVICES
1. Rash Curtis & Associates, hereafter known as The Agency agrees to expend its best efforts and resources to promptly
and efficiently collect all accounts assigned to the Agency for collection by the Client Agency will comply with all State
and Federal collection taws to include but is not limited to: FDCPA, FCRA, FACTA, HIPAA and AB774.
2. The Agency will provide The Client with an acknowledgment of all new accounts within ten (10) days of receipt of the
accounts. This acknowledgment will Include an alphabetical listing by account name. it will also show, where possible,
the Client's reference number for each account, and it will summarize the total number of accounts assigned and the total
dollar amount assigned.
3. A debtor inventory report will be provided upon request with the following information on each account: The date of
assignment, the amount assigned, the current balance, the total amount paid to date, date of last payment, and a current
status. Additionally, the debtor inventory report will show the total number and dollar amount of accounts assigned to
date and the total dollars collected.
4. A Client accounting will be provided upon request, setting forth such items as assignments, collections and
commissions. The information Is Intended to assist both the Client and Agency in their evaluation of the Agency's
performance.
S. The Agency will advance all court costs and attorney fees on accounts where litigation is determined to be necessary.
The Agency will not institute suit on any account without the prior written authorization of the Client. It is also agreed
that the Agency will be allowed to withhold first Monies received to offset court cost and attorney's fees advanced by the
Agency. "Client agrees to complete and return to Agency all Suit Authorization Forms within 10 days of receipt of said
request
TERMS, CONDITIONS AND CHARGES
A. On all payments collected after the date of assignment, whether paid to the Agency or to the Client, the Client agrees to
pay 25% on Regular Accounts and 40% on Litigation, Second Placement, Third Party Liability and Statutory Lien
Accounts to the Agency.
B. The Agency will remit Client's portion of collected monies to the Client on a monthly basis. The remittance statement will
list all payments received alphabetically. The statement will show, when applicable, the amount of the Agency's check
payable to the Client and the gross collections for the month.
C The Agency shall have the right to endorse for deposit and collection all remittances received in the name of the Client on
accounts assigned to the Agency for collection and to deduct from such remittance it's authorized commission.
D. If at the time of the Agency's monthly remittance, the Client is Indebted to the Agency, the Client agrees to allow the
Agency to subtract (offset) said indebtedness from the amount of the remittance.
{Please fniSat !I }
Rash Curtis Office Use:
Client Account #
Date
Page 1
AGENCY: Rash Curtis & Associates, P 0 Box 5790, Vacaville, CA 95696 (800) 929.3935 FAX (707) 454 -2001
k ASH-CURTIS
C SSIATES
E. All payments received directly to Client on accounts assigned to the Agency are to be reported to Agency within seven
(7) days of receipt. *All payments received directly to Client including payments from a Third Party Payer, must be
reported and will not constitute grounds for account cancellation. If Agency's collection efforts and intervention with
Guarantor and/or Third Party Payer result in payment, Agency will not be obligated to cancel the account as assigned in
error and Agency will be entitled to the contingency fee on all payments received by Client.
F. Itemized statements requested by debtors must be provided to the debtor within thirty (30) days, per FDCPA. The Client
agrees to provide all requested itemized statements to Agency within ten (10) days of request.
G. SETTLEMENT AUTHORIZATION -DISCOUNTS: (Client Please Initial TAt j
Settlement authorization allows Agency a very important tool in immediately dosing accounts during contact with
debtors. The Agency agrees that it will not settle or discount any account for any amount less than the amount assigned
or current principal balance without prior authorization from the Client. However, Client may agree to give Agency blanket
authorization on all accounts to settle or discount the assigned balance or current principal balance, based on age. Client
agrees to authorize a discount on accounts:
(Client Please Circle)
Less than one (1) year from date of service: 200/6, 25%, 30%, 40%, 45%, 50%, Other %, ONE,
One (1) to Four (4) years from date of service: 20%, 25 %, 30 %, 40%, 45 %, 50%, Other %, ONE,
"Over Four (4) years from date 21 service: 20 %, 25 %, 30%, 40 %, 45%, 50%, Other %, ON
**(Please note the statute of lim/tatlons for litigation Is four (4) years from the date of last service).
H. The Agency agrees to bear all costs for defending any action brought by any party wherein the Agency, because of Its
own acts or omissions, caused said action to occur. However, the Client agrees to hold harmless and indemnify the
Agency for any losses or damages wherein the reason for said action occurred prior to the assignment of the account or
the reason for the action is related to the acts or omissions of the Client or it's employees.
L This agreement shall become effective when executed by both parties and remain In force for 2 years. This contract will
automatically renew for one (1) year for the convenience of the Client. Either party may terminate this Agreement by
giving the other party thirty (30) days written notice of termination prior to the expiration date, delivered via
certifledhegistered mail. Legal accounts and accounts that are In the process of being collected with recent payments,
promise of payment, and/or post -dated checks on file will remain with Agency until paid in full.
J. This Agreement shall be construed and interpreted in accordance with the laws of the State of California.
K This agreement is entire and only agreement between the parties. Any changes or amendments to this agreement
must be in Zen! an agreed to by both parties.
Agreed to By:
(Client Contact Sign) Date:
Contact Name and Title:
(Print} �1Mf'►S T. 1�i..c)f�. UTY ftN1.1 Ntt2
Client Company Name: _
City of Gilroy
Address: 7351 Rosanna Street
City, St. zip: Gilroy, CA 95020
Phone#: ph 408 - 846-0203 fX 408 -852 -2653
tom.haglund @ci.gilroy.ca.us
Email:
AGENCY: Rash Curtis & Associates, P O Box 5790, Vacaville, CA 95696 (800) 929 -3935 FAX(707)454-200i
Accepted By:
(Agency Sign) r —� Date: bi8/n
Name and Title: TeWo6 L Paff, President/CEO terrY.DaWrashcurtis.com (707) 4542002
Page 2
AGENCY: Rash Curtis & Associates, P 0 Box 5790, Vacaville, CA 95696 (800) 929 -3935 FAX (707) 4542001