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<br />MVBA, LLC shall forward to the City copies of any correspondence regarding a disputed debt
<br />received from a debtor and the request for verification of the debt. The City will provide to MVBA,
<br />LLC within ten (10) days of the receipt for the request for verification of the debt, copies of all records
<br />which will verify the debt which in turn will be forwarded to the debtor by MVBA, LLC. All collection
<br />activity will be suspended on any disputed debt until the appropriate verification of the debt is delivered
<br />to the debtor.
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<br />Upon consultation and agreement by both parties hereto, MVBA, LLC may employ an attorney,
<br />at its expense, to make a recommendation to the City to take legal action to collect a Delinquent
<br />Accounts Receivable or represent the City in any dispute or challenge of its collection authority. Upon
<br />consultation and agreement by both parties hereto, MVBA, LLC may employ an attorney, at its expense,
<br />to institute civil legal proceedings on behalf of the City, including seeking writs of execution to collect
<br />Delinquent Accounts Receivable. The City shall pay in advance of the initiation of any writ of execution
<br />or collection lawsuit any filing fees charged by the Court or Clerk of the Court in which the writ of
<br />execution is to be issued or the collection lawsuit is to be filed including the costs for service of citation.
<br />MVBA, LLC may also, after consultation and agreement by both parties, employ an attorney, at its
<br />expense, file proofs of claims in the United States Bankruptcy Court on behalf of the City for Delinquent
<br />Accounts Receivable.
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<br />MVBA, LLC shall forward all cashier checks or money order payments made payable to the City
<br />and any correspondence from debtor directly to the City. Cashier checks or money order payments made
<br />payable to MVBA, LLC will be deposited daily into the MVBA, LLC Trust Account. MVBA, LLC
<br />may also collect the amount due from the debtor by credit card or electronic draft which is deposited
<br />directly into the MVBA, LLC Trust Account. MVBA, LLC may set up payment arrangements and
<br />accept partial payments on any delinquent accounts receivable. MVBA, LLC shall remit to the City all
<br />payments received into the MVBA, LLC Trust Account weekly, along with an invoice detailing the
<br />account number, name of debtor, amount paid to MVBA, LLC or City, MVBA, LLC fee percentage and
<br />fees earned for each account.
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<br />MVBA, LLC shall indemnify and hold the City harmless from and against all liabilities, losses
<br />and/or costs arising from claims for damages, or suits for losses or damages, including reasonable costs
<br />and attorney's fees, which may arise as a result of MVBA, LLC's performance of the services described
<br />in this Contract. The indemnity provision of this Contract shall have no application to any claim or
<br />demand which results from the sole negligence or fault of the City, its officers, agents, employees or
<br />contractors. And furthermore, in the event of joint and/or shared negligence or fault of the City and
<br />MVBA, LLC, responsibility and indemnity, if any, shall be apportioned in accordance with Texas law
<br />and without waiving any defenses of either party. The provisions of this paragraph are intended for the
<br />sole benefit of the parties hereto and are not intended to create or grant any right, contractual or
<br />otherwise, to any other persons or entities.
<br />Contract for the Collection of Delinquent Accounts Receivable - Page 2 of 6
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