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HomeMy WebLinkAboutC-2616 - Collection of False Alarm PenaltiesCITY0OF NEWPORT BEACH OFFICE OF THE CITY CLERK P.O. BOX 1768, NEWPORT BEACH, CA 92658 -8915 (714) 644 -3005 TO: FINANCE DIRECTOR r /j LVJ'-� FROM: CITY CLERK DATE: September 12, 1986 SUBJECT: Contract No. C -2616 Description of Contract Agreement for Collection of False Alarm Penalties Effective date of Contract September 9, 1986 Authorized by Minute Action, approved on September 8, 1986 Contract with Transworld Systems Inc. Address 5880 Commerce Boulevard Rohnert Park, CA 94928 Amount of Contract (See Agreement) 4�-q 4e Wanda E. Raggio City Clerk WER:pm Attachment 3300 Newport Boulevard, Newport Beach V I /We agree to pay the balance of $ .` in installments of not less than $each. The first payment will be due�(��19� and the final payment due on �E >�1'�� In case suit or action Is instituted to collect this note or any portion thereof, the below named buyer(s) promises to pay all collection costs and such additional sums as the court may adjudge reasonable such as court costs, attorney fees, service of process, etc. in said suit or action. _._ GUARANTEE - - TRANSWORLD SYSTEMS INC. guarantees the purchase of the collection service, �� If used In accordance with complete instructions ;ontained in the transmittal /� folder and instructions printed on the numbered transmittals, that the.-purchaser �+ !I will collect a minimum of two times the total purchase price of the transmittals , Ijpurchased within 85 days after submitting the final transmittal for servicing, rd h` ;.provided all transmittals are used within 24 months from date of purchase, !or TRANSWORLD SYSTEMS INC, will, at its option, (1) refund the complete purchase price of said transmittals to the purchaser, or (2) refund the cash difference ,'between the amount collected and double the amount invested for the above i,transmittals to the purchaser. . (This Guarantee only applies to orders where the account balances average $50 or more.) (SEE BELOW FOR CONDITIONS) AMOUNT /,,,,,16L1,�� ISHIP ' TO: OFFICE ` % =' -' / -'< - ,1 CLIENT NO. ?- J U ,ii- J V PTION _ Skips • CLIENT NUMBER FIRST TRANS. NUMBER, , LAST TRANS. NUMBER $ TODAY•s TRANSMITTALS TO BE USED WITHIN $ 5880 COMMERCE BOULEVARD DATE 79 - 24 MONTHS FROM TODAY'S. DATE I ©MASTER TOTAL TRA ROHNERT PARK, CALIFORNIA 94928 LI CENT caRncn AMOUNT DUE PHONE (707) 584 -4225 NO. TRANSMITTALS FOR MASTER sue AMOUNT PAID CLIENT .$ NO. TRANSMV1M*,0,g0q%l95SU9 -(30MT DUE; NO Status) EXERCISE Em NEW ORDER © REORDER ❑ OF ❑ PHASE 11 PCB M D/p OPTION )LIENTNAME �/ PRINTONLV! l PURCHASER HAS OP711 .Cj <j y�ee s z��J :ONTINUED ADDITIONAL TRANSMI j , IFAFPLWABLEI 28I . IF OPTION IS EXERCISI ."1�t�s•'c- WDRESS CITY rc `e i28, @�i �' V I Q Yv1C e NsI :IP RPOSTAL CODE ICOUNTY OR MUNICIPALITY &Uu NNTo. (AREA CODEI CLIENT PHONE NUMBER EXTENSION NO. w REGION NO. L� C /Iy Sis 3 L11713 17t,4 ACCOUNT REPRESENTATIVE CYCLE FREEZE SKIPS TEXT SIC CODE TYPE OF BUSINESS L I 1 4 / I /We agree to pay the balance of $ .` in installments of not less than $each. The first payment will be due�(��19� and the final payment due on �E >�1'�� In case suit or action Is instituted to collect this note or any portion thereof, the below named buyer(s) promises to pay all collection costs and such additional sums as the court may adjudge reasonable such as court costs, attorney fees, service of process, etc. in said suit or action. _._ GUARANTEE - - TRANSWORLD SYSTEMS INC. guarantees the purchase of the collection service, �� If used In accordance with complete instructions ;ontained in the transmittal /� folder and instructions printed on the numbered transmittals, that the.-purchaser �+ !I will collect a minimum of two times the total purchase price of the transmittals , Ijpurchased within 85 days after submitting the final transmittal for servicing, rd h` ;.provided all transmittals are used within 24 months from date of purchase, !or TRANSWORLD SYSTEMS INC, will, at its option, (1) refund the complete purchase price of said transmittals to the purchaser, or (2) refund the cash difference ,'between the amount collected and double the amount invested for the above i,transmittals to the purchaser. . (This Guarantee only applies to orders where the account balances average $50 or more.) (SEE BELOW FOR CONDITIONS) AMOUNT $ OF ORDER _ Skips $ _ Expired $ Lost /Mist. $ ' TAX { +) $ UFAPPLICABLEI TOTAL $ AMOUNT DUE LESS ( —) AMOUNT PAID BALANCE .$ DUE; MAKE CHECK PAYABLE TO: TRANSWORLD SYSTEMS INC. All transmittals must be filled out completely with correct debtor addresses, not involving bankrupt accounts or accounts which are beyond 12 months from date of last payment or charge. Our written guarantee will apply if you have used all transmittals within 24 months from date of purchase In accordance with printed instructions contained in the transmittal folder, on the transmittals, and herein. Transworld Systems Inc. assumes no responsibility for nor does it authorize any statements, acts, or promises of any person other than the written statements and guarantee contained herein. The Hold Harmless Agreement, paragraphs 8 and 9 on the reverse of this form, will apply on all of the above t,ansmittals purchased. The purchaser authorizes Transworld Systems Inc, to forward any negotiable instruments received directly to the purchaser. , ',MAI L RETURNS — If mail is returned, Transworld Systems Inc. will notify client of the skip and cancel that account. To obtain a replacement transmittal, client must return the Mail Return Notification and a check for $3.00 (subject to change) to cover handling costs within 60 days of notification of the skip. If the $3.00 fee and Mail Return Notification are not returned within 60 days, the account will be classified as paid in full and that amount will count toward satisfaction of the Guarantee. If Freeze Skip option selected, replacement credit will be granted only on reorder and 4he dollar amoun.t.of the skipped accounts will be counted in total performance and Guarantee satisfaction. Approved roved, as to form: PURCHASER'S SIGNATURE 1}17"1 V IG. It or. City Clerk I PRINT PURCHASER'S NAME 14 X I %II A 'L flEPRESENT�IVE' SIGNATUR - TI N$W�R LD SYSTEMS INC. TSI /CMS ASSIGNMENT AGREEMENT THIS AGREEMENT is made and entered into by and between TRANSWORLD SYSTEMS INC., herein called "TSI " ", a California Corporation, Home Office at 5880 Commerce Boulevard, Rohnert Park, California 94928, also dba CREDIT MANAGEMENT SERVICES, herein called "'CMS " ", ah the Wsiness or person listed on the reverse side of this Agreement, herein called "Company' ' NOW, THEREFORE, in consideration of mutual covenants and agreements contained herein, the parties agree to as follows: PHASE I 1. The Company agrees that all accounts forwarded to TSI are hereby.assigned for collection at the prepaid flat rate (transmittal price) as stipulated to on the reverse side of this Agreement. 2. TSI agrees that any account assigned under this flat rate collimation agreement may be cancelled and returned within 90 days of the date the account is submitted for collection to TSI by sendiwi&T'S1 one of the following: a) Suspend Service Notice (Pink, second copy of the transmittal assignment form), b) Stop Order (Yellow, fourth copy of the transmittal assignment form), c) By placing an "X " in the space marked "Cancel and Return Account" as indicated on the form, Notice of Transfer of Assignment to CMS, d) By electing not to participate in Phase II ofVft4TSI /CMS collection program and having all unpaid accounts cancelled and returned to the Company at the end of 90 days automatically (Service Completed Notice). PHASE II - :FULL SERVICE . 3. The Company agrees that if an individual account is not suspended or cancelled within the time period as outlined in Phase 1 (90 days), the account will automatically be transferred to our CMS Intensive Collection:Division.on a percentage commiss on basis. 4. The Company further agrees that all accounts that are transferred to our CMS division will be assigned at a. . com- mission rate. It is also agreed and understood that in order: for an account to qualify: for this commission rate, this account must be assigned to TSI /CMS for collection when the account is less than _..__months past due from the date of last payment or charge. The Company further agrees that a 5 (5 %commission rate will be due on each account which is delinquent in excess of the above stated months. 5. The Company further agrees that a 50% commission rate will be due on the following accounts: a) Accounts which prove to be skips (mail returns), b) Accounts outside our network which CMS is required to forward to another agency, c) Accounts where suit must be instituted, d) Accounts under $100. 6. The Company agrees to notify.CMS immediately of all direct payments received after date account is transferred to CMS and further agrees that CMS is entitled to full commission on all monies recovered whether paid to CMS or the Company direct 7. CMS agrees to advance all court costs associated with the filing of legal action on assigned accounts: As prescribed by law, CMS will be reimbursed of such costs from the first monies recovered from the debtor. 8. TSI /CMS shall indemnify and save harmless the Company from and against any and all loss, cost, damage, claims, or injury on account of any matter or thing made, done, permitted, or neglected by TSI /CMS in connection with its attempts to collect debts for- warded to or assigned to TSI /CMS by the Company; provided, however, that this Agreement shall not apply with respect to any erroneous information furnished to TSI /CMS by the Company nor shall it apply to any act or omission of the Company. 9. The Company agrees.to indemnify and save harmless TSI /CMS from and against any and all loss, cost, damage, claims, or injury on account of any matter or thing made, done, permitted, or neglected by the Company in connection with the information forwarded to TSI /CMS on accounts. 10. The Company authorizes CMS to endorse negotiable instruments received in payment of claims and to deduct commissions on claims paid direct to Company from any money due Company. 11. CMS agrees to remit on a monthly basis all monies due to the Company on accounts tnac have been collected on a percentage collection commission and will furnish an appropriate statement; however, interest earned on funds held in trust for the benefit of the Company will be retained by CMS. 12. It is understood and agreed that this Assignment Agreement may be terminated within five (5) working days following receipt of a written notice by either party. Said notice shall be sent by Certified or Registered mail. Any account which has previously been assigned to CMS prior to the effective termination of this Agreement will be governed by the appropriate collection agency licensing laws. 13. All costs and expenses, including reasonable attorneys fees, incurred by CMS in order to remedy any breach of this contract will be borne by the Company. _ ❑ PHASE IONLY ' COMPANY REPRESENTATIVE ❑ PHASE I AND II (Full Service) COMPANY REPRESENTATIVE �s DATE: SIGNED: / 1 /CMS" MLrKh NTATIVE M ea4mm2 ea 2 "V NWO Ewa,, 5880 COMMERCE BOULEVARD ROHNERT PARK, CALIFORNIA 94928 PHONE [7071 584 -4225 SHIP TO: OFFICE CLIENT CLIENT t � c No. _�_ - I L, TODAY'S / / I TRANSMITTALS TO BE USED WITHIN DATE t9 24 MONTHS FROM TODAY'S DATE ASTER TOTAL TRANSMITTALS PURCHASED CLIENT 11SUe. NO. TRANSMITTALS FOR MASTER cLENT NO. TRANSMITTALS THIS SUB- CLIENT INn Status( � NEwGRDER REOROED L F %ERCISE of PHASE II G % M;)NTl1S %)Q °o Skips $ I Expired ^Lost/Misc. $ I 1 OPTION 7 $ PURCHASER HAS OPTION TO BUY CLIENT NAME I. RINT ONL rI _ (� ` I ` •7t• ^� 1'tVt' 1281 r` W �.Q� . LESS 1 —) AMOUNT PAID ADDITIONAL TRANSMITTALS FOR f ^K Qb CONTINUED !!F APPLICAULE) 1281 IF OPTION IS EXERCISED WITHIN 120 DAYS FROM TDDAYS DATE. ADDRESS 3 aW e\4 O } � p I V Ci voc CITY a TE 281 • 151 `D C/ll� , v I GSTAL CGOE 3o ' E E %� NO. FAP";Cot ��3 -7 ( S _I�3fl aCCOUNT REPAEEENTaTrvE � CvCLE 4/Ie FREEZE SKIPS ❑ TEXT SIC CODE TYPE OF BUSINESS 1 f�. I If'we agree to pay the balance of $ in installments of not less than $ each. The first payment will be due q = /19 and the final payment due one y._/19�� >. In case suit or action is instituted to collect this note or any portion thereof, the below named buyer(s) promises to pay all collection costs and such additional sums as the court may adjudge reasonable such as court costs, attorney fees, service of process, etc. in said suit or action, GUARANTEE TRANSWORLD SYSTEMS INC. guarantees the purchase of the collection service, if used in accordance with complete instructions contained in the transmittal folder and instructions printed on the numbered transmittals, that the purchaser Cst� will collect a minimum of two times the total purchase price of the transmittals r� purchased within 85 days after submitting the final transmittal for servicing, C7 provided all transmittals are used within 24 months from date of purchase, or TRANSWORLD SYSTEMS INC. will, at its option, (1) refund the complete - purchase price of said transmittals to the purchaser, or (2) refund the cash difference between the amount collected and double the amount invested for the above transmittals to the purchaser. (This Guarantee only applies to orders where the account balances average $50 or more.) (SEE BELOW FOR CONDITIONS) AMOUNT $ OF ORDER Skips $ I Expired ^Lost/Misc. $ I 1 $ TAX ( +) $ IIF APPLICABLE) TOTAL AMOUNT DUE $_ . LESS 1 —) AMOUNT PAID $ ^K Qb BADUE LANCE MAKE CHECK PAYABLE TO: TRANSWORLD SYSTEMS INC. All transmittals must be filled out completely with correct debtor addresses, not involving bankrupt accounts or accounts which are beyond 12 months from date of last payment or charge. Our written guarantee will apply if you have used all transmittals within 24 months from date of purchase in accordance with printed instructions contained in the transmittal folder, on the transmittals, and herein. Transworlc Systems Inc, assumes no responsibility for nor does it authorize any statements, acts, or promises of any person other than the written statements and guarantee contained herein. The Hold Harmless Agreement, paragraphs 8 and 9 on the reverse of this form, will apply on all of the above t,ansmittals purchased. The purchaser authorizes Transworld Systems Inc. to forward any negotiable instruments received directly to the purchaser. MAIL RETURNS — If mail is returned, Transworld Systems Inc. will notify client of the skip and cancel that account. To obtain a replacement transmittal, client must return the Mail Return Notification and a check for $3.00 (subject to change) to cover handling costs within 60 days of notification of the skip. If the $3.00 fee and Mail Return Notification are not returned within 60 days, the account will be classified as paid in full and mount will count toward satisfaction of the Guarantee. If Freeze Skip option selected, replacement credit will be grained only on reo er and dplllr am n f the skipped accounts will be counted in total performance and Guarantee satisfaction. `~ ATTEST: A roved a to form: Aj�ttt PURCHASER '$SIGNATUgE fix. CL� V M� City Clerk q{{{{�� / n iRINT, PURCHASER'S NAME r`i tv n acmnrt Raar•h X 11144, Vl ! A WHITE ORIGINAL TO TSI CORPORATE OFFICE WHITE DUPLICATE TO CUSTOMER YELLOW TO TSI CORPORATE OFFICE PINK TO ACCOUNT REPRESENTATIVE FORM TSI-'129 I11-83) V33w Ccjkcii ACENGA BY THE CITY COUNCIL CITY OF NEWPORT BEACH OFFICE OF THE ASSISTANT CITY ATTORNEY SEP 81986 ugust za, TO: Honorable Mayor and Members of the City Council FROM: Carol A. Korade, Assistant City Attorney RE: Contract with Transworld Systems, Inc. For Collection of False Alarm Penalties Newport Beach Municipal Code Section 5.49.070 provides for the assessment of a penalty for false alarms. This penalty acts as an incentive to maintain alarm systems in proper working order. Currently, there are approximately 185 delinquent false alarm accounts. The City of Newport Beach has received a proposal from Transworld Systems, Inc. for the collection of past due false alarm system accounts. This Company provides the service to 35 cities in Southern California. Phase one of the collection process will be the assignment for collection at the rate of $7.25 per account for a period of ninety (90) days. If the account is not paid within ninety (90) days, it will be returned to the Finance Department. Phase two of the collection process will be a referral City Attorney's office for appropriate legal action. Staff proposes to assign 100 of the delinquent false alarm accounts to Transworld Systems, Inc. for collection. The total amount past due on these 100 accounts is approximately $10,000.00. If the performance is satisfactory, staff will recommend that the remaining 85 accounts be assigned for collection. Recommendation: It is respectfully recommended that the City Council authorize the execution of the contract with Transworld Systems, Inc. for the collection of 100 false alarm systems' accounts in the form attached hereto. Carol A. Korade Assistant City Attorney CAK/ jc Enclosure SHIP TO: OFFIC I M-104 TODAY•S DATE 5880 COMMERCE BOULEVARD CLIENT F—{ No. 15 619 6 .LAST TRANS. NUMBE TRANSMITTALS TO BE USED WITHIN 9 24 MONTHS FROM TODAY'S_ DATE ROHNERT PARK, CALIFORNIA 94928 ER CLIENASTT OF ORDER TOTAL TRANSMITTALS PURCHASED - PHONE [7071 584 -4225 $ NO. TRANSMITTALS FOR MASTER $ Lost /Misc. SU ❑ TAX ( +) $ (IFAPPLICABLE) `L'E "B T (No Status) TOTAL N0. TRANSMITTALS THIS SUB - CLIENT NEW ORDER REORDER ❑ EXERCISE OF PHASE II L °/a MOry TRS ^/D OPTION J Q PURCHASER HAS OPTION TO BUY CLI ENT NAME (PRINT ONL Y) A r/, (�{ yy 1281 ADDITIONAL TRANSMITTALS FOR $ 1 CONTINUED (lF APPLICABLE) 1281 IF OPTION IS EXERCISED WITHIN 120 DAYS FROM TODAY'S DATE. II ADDRESS 4 co : 1V NCO- CITY ew r eact STATE E Gy'( 1281 „SI h 121_ ZIP RPOSTAL CODE � COUNTY OR MUNICIPALITY OUT" (AREA �a CODE) CLIENT PHONE NUMBER EXTENSION NO. REGION NO. SLSM. NO. fAflEA CO DE) TSI PHONE NO. ACCOUNT REPRESENTATIVE CYCLE �`� /Te FREEZE SKIPS ❑ TEXT SIC CODE TYPE OF BUSINESS f�+ c Woo �•c r I /We agree to pay the balance of.$ `n�� �I� �\in �. \. installments of not less than $ \� \. each. The first payment will be due "T - and the final payment due on In case suit or action is instituted to collect this note or any portion thereof, the below named buyer(s) promises to pay all collection costs and such additional sums as the court may adjudge reasonable such as court costs, attorney fees, service of process, etc. in said suit or action. GUARANTEE TRANSWORLD SYSTEMS INC. guarantees the purchase of the collection service, Q� if used in accordance with complete instructions contained in the transmittal Q Q folder and instructions printed on the numbered transmittals, that the purchaser $�$[ will collect a minimum of two times the total purchase price of the transmittals purchased within 85 days after submitting the final transmittal for servicing, �aD� provided all transmittals are used within 24 months from date of purchase, or TRANSWORLD SYSTEMS INC. will, at its option, (1) refund the complete purchase price of said transmittals to the purchaser, or (2) refund the cash difference between the amount collected and double the amount invested for the above transmittals to the purchaser. (This Guarantee only applies to orders where the account balances average $50 or more.) (SEE BELOW FOR CONDITIONS( AMOUNT $ OF ORDER Skips $ _ Expired $ Lost /Misc. $ TAX ( +) $ (IFAPPLICABLE) TOTAL AMOUNTDUE LESS ( —) AMOUNT PAID f n^ill I C BADUE LANCE $ I �J MAKE CHECK PAYABLE TO: TRANSWORLD SYSTEMS INC. All transmittals must be filled out completely with correct debtor addresses, not involving bankrupt accounts or accounts which are beyon 12 months from date of last payment or charge. Our written guarantee will apply if you have used all transmittals within 24 months from dat of purchase in accordance with printed instructions contained in the transmittal folder, on the transmittals, and herein. Transworld System Inc. assumes no responsibility for nor does it authorize any statements, acts, or promises of any person other than the written statements and guarantee contained herein. The Hold Harmless Agreement, paragraphs 8 and 9 on the reverse of this form, will apply on all of the abovt trensmittals purchased. The purchaser authorizes Transworld Systems Inc. to forward any negotiable instruments received directly to thl purchaser. MAI L RETURNS — If mail is returned, Transworld Systems Inc. will notify client of the skip and cancel that account. To obtain a replacemen transmittal, client must return the Mail Return Notification and a check for $3.00 (subject to changel to cover handling costs within 60 day of notification of the skip. If the $3.00 fee and Mail Return Notification are not returned within 60 days, the account will be classified as pai_ in full and that amount will count toward satisfaction of the Guarantee. If Freeze Skip option selected, replacement credit will be granted onl on reorder and the dollar amount of the skipped accounts will be counted in total performance and Guarantee satisfaction. A roved a to form: PURCHASER'SSIGNATURE ,, .... PRINT PURCHASER'S NAME J REPRESE1T rvE' IGNAivq� TR SWORLD SYSTEMS INC ....... ....__...__........__ ._.. �— / / /J/ WHITE ORIGINAL TO TSI CORPORATE OFFICE FORM TSI-129 18-82 WHITE DUPLICATE TO CUSTOMER , 'YELLOW TO TSI CORPORATE OFFICE PINK TO ACCOUNT REPRESENTATIVE - _ V3329