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Home My WebLink AboutC19-301 Aurora Enterprises 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government EAGLE COUNTY TREASURER PO BOX 479 EAGLE, CO 81631 RE: Description of Collection Services and Standard Contract To Prospective Client: Thank you for considering Aurora Enterprises, Inc. and Aurora Collection Bureau for your collection needs. We have established ourselves as a professional, customer service oriented, agency. Our client base is primarily local, and we pride ourselves on being the premier collection agency servicing all of Colorado. We have two primary objectives: to maximize recovery while minimizing complaints; and to provide quality service to our clients. Since our inception in 1988, we have consistently achieved the highest recovery rates against our competitors, accomplishing this with virtually complaint free collections. Attached is a copy of our standard contract for your review. We have summarized some additional information that is not specifically addressed in the contract below: Proposed Plan for Handling Your A/R Accounts Whether accounts are received electronicall y, via hard copy, or through our client portal, we print and send the first letter immediately upon entering your account into our system. This first letter gives debtors specific account information. It lets them know their account has been placed in a collection status and provides payment/dispute information. We then give each debtor a thirty-day period in which to dispute the debt owed in compliance with applicable Federal and State laws. During these initial thirty days, collectors take incoming calls on your accounts. We work hard with the debtors to get payment in full as quickly as possible. If they are unable to pay in full, we will try to get automatic payments via credit or debit cards, or, set up a payment arrangement with them. We also skip-trace all returned mail. Once this notification period expires, we begin sending letters and contacting each unresolved account personally. All letters are generated directly from the computer on a daily basis so that account follow-up is kept current. DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government Page Two We have a standard set of letters we send on our collection accounts. We typically send at least one letter per account, with no more than two letters in any 30-day period. Letters generally are set to go out within a certain time period. Our collectors can also have the system generate a specific letter to handle a specific issue. (i.e., a “payment arrangement” letter can immediately be sent to a debtor to facilitate them following through with a promised payment.) All account activity is time and date stamped. We have a specialized series of separate status codes that allows our collectors to concentrate on the accounts on a priority basis, (i.e., promised payment in full, paying accounts, left message to call, no answer, etc.). Proposed Plan for Handling Your Bad Check Accounts When we receive the original returned check from you, or your financial institution, we immediately input the check into our system and send the first letter as outlined below. Thirty days later the debtor who wrote you the bad check is sent a letter giving fifteen days to cure the returned check plus applicable fees. We pursue legal action against all bad check writers that have a current address where we can reasonably expect to get them served. Throughout this process there is never any additional cost to the client. On bad check cases the debtor is held responsible for all costs of collection or litigation. Procedures Established for Accounts Requiring Legal Action We exhaust all collection efforts before referring any account for legal action. Each account is reviewed on a case by case basis to be deemed appropriate for litigation. Before initiating legal action through our attorneys, we always request prior written confirmation from our clients on their A/R accounts in order to authorize the suit. We have a legal request form that we provide to our clients that only requires their signature to commence legal proceedings. This is all that is required of our clients. Reports A nationally recognized company with expertise in both the computer and collections industries developed the computer system used at Aurora Collection Bureau. We can look up any account in question within seconds and can respond promptly to any concern you may have. Each of our clients reporting requirements are different, so we try to remain as flexible as possible when meeting your needs. We only have one standard report – our Monthly Payment Report. Other reports can be generated per your specifications. Just let us know what works for you. Collection Fees and Interest Charged by the Client We recommend consulting with your attorney and reviewing your existing contract to see what specific provisions are included regarding collection costs, attorney fees and interest that can legally be used to charge your clients’ accounts. DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government Page Three Information Needed to Commence Collection Whenever you would like us to get started on collecting your delinquent accounts, we would simply need a signed copy of the contract between our companies, along with the accounts on which you would like to have us start working. We will need as much of the following account information as you have available on the assignment form included with our contract: Debtor Name Last known debtor address Last known debtor phone number Employer and address (if available) Employer’s phone number (if available) Date account first became delinquent (or date of service) Current Balance Claimed Due Breakdown of Charges Attached is a form to gather the debtor’s information which acts as an assignment from your company to Aurora Collection Bureau for collection accounts. Simply include the substantiation of the debt along with this form and we will get started right away. We accept accounts either in hard copy format, electronically, or through our client portal. If there is any additional information you would like to see in writing or if you have any questions, please call me. My number is (303) 722-0500. Thank you. We’re looking forward to working with you. Sincerely, David Marshall, Vice President Aurora Enterprises, Inc. Enclosures DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government THIS CONTRACT, made and entered into on September 10, 2019 by and between Aurora Enterprises, Inc., hereinafter referred to as Collector, and EAGLE COUNTY TREASURER, hereinafter referred to as Client. WITNESSETH Whereas, Client has delinquent accounts, which it desires to assign to Collector for collection, and Collector is qualified to collect such delinquent accounts, and desires to accept such accounts as referred and assigned to it for collection by Client. NOW THEREFORE, Client and Collector agree as follows: 1) Collector agrees to accept for collection, upon terms, conditions and provisions herein set forth, those delinquent accounts, which Client refers and assigns to Collector for collection. This contract will act as an assignment from Client to Collector and its assignees of all delinquent accounts or returned checks received. 2) Collector shall promptly undertake, through proper and lawful means, the collection of all accounts assigned to it by Client, without regard to the amount. Collector shall not, under any circumstances, use any threats, intimidation, or harassment techniques in the collection of accounts or violate any federal or state law. 3) It is recognized that remittances may be made directly to Client. In order that Collector’s records concerning the accounts may be accurately maintained and no inadvertent improper collection action be taken on an account, Client agrees to notify Collector promptly upon receipt of any such payments. 4) By the end of each month, Collector shall remit to Client a net check pursuant to Sections 5 and 6 of this contract on any money received the previous month on Client’s accounts that have a Client disbursement, along with a summary of all accounts that have paid. The remittance will include monies collected at either Collector’s office or Client’s office(s) less Collector’s commission. 5) The primary collection fee for all standard accounts shall be 33.33% of any monies collected on the amount assigned. Said fees will be the sole consideration paid to Collector by the Client on the amount assigned unless legal action is authorized. Client shall not be liable for expense incurred by Collector in the collection of County Court accounts. It is understood that court mediation and legal costs, and interest, shall be the sole property of the Collector. District Court fees are the responsibility of Client per EXHIBIT A, attached. Collector shall remit 66.67% of the assigned amount collected to Client on legal accounts and mediation and legal costs will be reimbursed out of first monies collected. 6) On all returned checks submitted to Collector, the Client will be reimbursed the face amount of the check out of first monies received after reimbursement of mediation and legal costs if necessary. 7) Collector agrees to suspend action either temporarily or permanently on any account assigned to it for collections, upon written notification by Client. Upon written demand by Client, Collector shall turn over to the client any and all notes, valuable papers, or evidence of indebtedness which may have been deposited with Collector by the Client, but Collector shall not return any such papers, notes, or evidence of indebtedness on debts in process of collection, (any debts which have been in Collector’s hands for less than nine months, debts on which payments are being made, or on which payments have been promised, debts on which suit has been brought, and claims which have been forwarded to any other collection agency or attorney), unless reimbursed by the client for the services performed on the debt so evidenced. 8) Collector and Client agree that Collector is to implement thorough collection procedures in an attempt to achieve maximum recovery of debts. Such procedures shall include a reasonable number of telephone calls, mail efforts, skip- tracing (whenever necessary) and legal action. Legal action will be taken only upon written approval of Client after all other efforts fail. Reasonable asset location procedures will be instituted by Collector to satisfy judgments. DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government Page 2 In the event that Client desires that suit be filed on an account and Collector determines that suit is not justified, Collector shall return the account to Client and will forego any further interest in monies collected on the account. Collector will not file suit unless Client furnishes Collector with supporting documents, such as itemized statements, notes, contracts or sworn affidavits that the account is true and correct. This furnishes Collector with the evidence needed in court and guarantees that Client records have been checked one final time for error. Client agrees to provide witness testimony in the rare instances when it is deemed necessary. 9) The term of this contract shall be for a period of three (3) years. This contract will be automatically renewed for a period of one year should either party fail to notify the other in writing thirty (30) days prior to the termination hereof that this agreement is terminated. It is mutually agreed that this contract can be terminated by either party upon sixty (60) days written notice. 10) Should either party be deemed deceased, dissolved or declared insolvent by the state or a court of competent jurisdiction, or otherwise cease business operations, the debts covered by this contract will become the sole property of the surviving party. 11) This contract may only be changed or modified by an amendment executed in the same fashion as the original. 12) Collector agrees to indemnify, defend and hold harmless Client from and against any and all losses, claims, demands, damages, suits or actions of whatever type or nature, arising from or in any way due to or connected with any activity of Collector or of its agents, attorneys, servants or employees, in the handling of monies pursuant to this contract, or in collecting or in attempting to collect any account or accounts referred to Collector by the Client under this contract. The provisions of this paragraph shall not apply to any losses, claims, demands, damages, suits or actions, of whatever type or nature, which arise out of Client’s furnishing Collector erroneous information regarding the identity of the debtor, the balance of the account, or the payments and or credits due the debtor in connection herewith, or which arise from acts of the Client or the Client’s agents or employees. 13) This contract will be governed by and construed and enforced in keeping with the laws of the State of Colorado. Venue for any action to enforce the terms and conditions of this contract will be in Eagle County, Colorado. AURORA ENTERPRISES, INC. EAGLE COUNTY GOVERNMENT AURORA COLLECTION BUREAU By: __________________________ By: _________________________ (Signature) (Signature) David Marshall _____________________________ (Printed Name) Vice President _____________________________ (Title) DISTRICT COURT FEES FOR ACCOUNTS IN EXCESS OF $25,000.00 DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE Jeff Shroll County Manager 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government EXHIBIT A Fees for litigation services in Colorado District Courts Court Description Flat Fee Amount Notes All actual costs Actual costs, not a flat fee. $225 filing fee per case, plus efiling charges (approximately $6.00 per filing), service of process charges, deposition costs and other approved expenditures. DISTRICT (Account(s) > $15,000) All pre-judgment services in any case unless and until an answer is filed, including complaint review, and preparation of all documents necessary to obtain final judgment $ 1,000 Per case. Must be paid before we will commence litigation. If answer includes counterclaim, then preparation of response to counterclaim. If cross claim, party who is being added will be required to obtain their own legal counsel. $ 750 Prepare initial disclosures $ 750 Per case. Payable within 14 days after any party files an answer. Prepare amended disclosures $ 250 Prepare first set of discovery requests directed to any opposing party $ 750 Per case. Must be paid before we will prepare discovery requests. Prepare any additional discovery requests to any opposing party $ 250 Prepare responses to first set of discovery requests from opposing party $ 750 Per case. Payable within 14 days after receipt of discovery requests from opposing party. Prepare responses to any additional discovery requests from a party $ 250 Conduct deposition of any party $ 750 Per deposition. Payable before deposition will be scheduled. Defend deposition of client by any other party $ 750 Per party. Payable as soon as deposition is scheduled. Prepare any dispositive motion (e.g., motion for summary judgment) $ 1,000 Per case. Must be paid before we will file any dispositive motions. Prepare any non-dispositive motion $ 250 Prepare jury instructions $ 2,000 Per case, if a party requests a jury trial. Payable 8 weeks before commencement of trial. Prepare for trial $ 2,000 Per case. Payable 8 weeks before commencement of trial. Conduct trial $ 1,000 Per day. Payable 8 weeks before commencement trial. All post-judgment proceedings $ 250 Per hearing and/or motion filed All other services $ 300 Per hour, only if specifically requested by client. DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE 2442 South Downing Street Telephone: (303) 722-0500 Suite 200 Fax: (303) 722-1970 Denver, CO 80210 Toll Free: (877) 729-6699 Return Service Requested Email: info@acbcollection.com Aurora Enterprises, Inc. Aurora Collection Bureau A licensed collection agency unaffiliated with any State or Local Government YOUR COMPANY’S NAME (CLIENT): EAGLE COUNTY TREASURER This data sheet will act as an assignment from CLIENT to Aurora Enterprises, Inc. and Aurora Collection Bureau and/or its assignees of all delinquent accounts or returned checks received pursuant to the information below. Your Account Number for Debtor (if you have one) _______________________ Debtor Name _______________________________________ Contact Person (if business) ___________________________ Address ___________________________________________ City, State & Zip ____________________________________ Date of Birth ____/____/_______ Social Security (FEIN if Business) # __________________________ Home Phone_____________________ Business Phone _____________________________________ Employment (if person) ________________________________________________________________ & Address: ___________________________________________________________________ ___________________________________________________________________ Date of Service (When the account went delinquent) __________________________ Total Balance Claimed Due $_______________________________ Description of Charges _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________________________________________________________________________ _____________________________ DocuSign Envelope ID: 3EEFC4F9-0936-43B5-8187-D0520FBBB1EE