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HomeMy WebLinkAbout479411 CITATION COLLECTION SERVICES LLC - CONTRACT - AGREEMENT MISC - T2 SYSTEMS - CITATION COLLECTION SERVICES LLCPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Citation Collection Services, LLC ("CCS"), hereinafter referred to as "Professional". WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: 1. Scope of Services. The Professional agrees to provide services in accordance with the scope of services attached hereto as Exhibit "A", consisting of five (5) pages, and incorporated herein by this reference. 2. Contract Period. This Agreement shall commence October 1, 2010, and shall continue in full force and effect until September 31, 2011, unless sooner terminated as herein provided. In addition, at the option of the City, the Agreement may be extended for additional one year periods not to exceed four additional one year periods. Renewals and pricing changes shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published by the Colorado State Planning and Budget Office will be used as a guide. Written notice of renewal shall be provided to the Professional and mailed no later than ninety (90) days prior to contract end. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Standard Professional Services Agreement- rev03/10 Project Schedule During the project kick-off meeting, the CCS Project Manager, in conjunction with the City's Project Manager, will modify the following high level project schedule: Define and Review Extract File Requirements Week 1 City and CCS — Build/Test Export File Week 2 Extract Full Production Run to CCS Week 3 Load into CCS's Collection system, and Run First Batch of PL-95s Sent Week 4 At the conclusion of the project, the City's Project Manager will be requested to provide a signature on the CCS Implementation Verification Acknowledgement form. The City will have ten (10) business days to either signoff, or provide feedback on outstanding items preventing acceptance. In the event no feedback has been received in the designated timeframe, there will be an assumed acceptance. Schedule and costs are based on keeping CCS resources continuously engaged on the project, as will be agreed to in the project kick-off meeting. In the event that the project is delayed, for reasons outside of CCS's control, the City may be subject to paying additional fees and/or the delay of the project delivery dates. Change Control City may request changes to this SOW or planned deliverables. Change request may result in a change to the price, schedule and other terms and conditions contained herein. Any change, including, but not limited to, changes in deliverables and dates of delivery, will be initiated through a CCS change request process and will be in writing. The City will be provided with updated pricing and schedule impacts, as applicable, and will be required to approve the requested change. All change requests, regardless of their impact on the schedule or the price must be approved by "the City's" Project Manager. Assumptions, Constraints, and Risks Im Much of the CCS work will be performed remotely. Any requirements for project resources to come onsite may result in additional consulting fees and related travel expenses. Data integrity problems are a risk that, if encountered, can delay project timing. Data integrity issues are often the result of problems with consistency in the data and its usage. T2 Systems, Inc. 4 Last Modified: 11/24/09 P.O. Box 421728 Indianapolis, IN 46242-1728 Return Services Requested Nov 1, 2006 (Scan Line) John Doe Citation Collection Services 1234 Main St. P.O. Box 421728 Indianapolis, IN 12345 Indianapolis, IN 46242-1728 CLIENT ACCT.NO PLEASE TEAR OFF TOP PORTION AND SEND WITH YOUR PAYMENT ABC CLIENT 12345678 REGISTERED OWNER: JOHN DOE CITATION DATE : 10/01/01 LICENSE PLATE : ABC123 BALANCE DUE $100.00 LIST DATE 11/01/06 TOTAL AMOUNT DUE : $125.00 ABC CLIENT has referred your account in the amount of $125.00 to CCS, LLC for collection. The balance due as of the date of this letter is stated above. If you respond promptly, we will do you the courtesy of not listing this debt with a credit bureau. Please remit payment in full in the enclosed envelope. For your convenience, we accept Visa and MasterCard. To ensure proper credit of your payment, please write your account number on your check or any correspondence that you may send. Please note that there may be a $20.00 returned check fee for any check that is returned to us as non -sufficient funds (NSF). Sincerely, Mr. Sam Smith 317-524-7405 THIS COMMUNICATION IS FROM A DEBT COLLECTOR AND IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VAILIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THE DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THIS DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT. EXHIBIT B CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City") pursuant to this Agreement (the "Agreement"), the Contractor hereby acknowledges that it has been informed that the City has established policies and procedures with regard to the handling of confidential information and other sensitive materials. In consideration of access to certain information, data and material (hereinafter individually and collectively, regardless of nature, referred to as "information") that are the property of and/or relate to the City or its employees, customers or suppliers, which access is related to the performance of services that the Contractor has agreed to perform, the Contractor hereby acknowledges and agrees as follows: That information that has or will come into its possession or knowledge in connection with the performance of services for the City may be confidential and/or proprietary. The Contractor agrees to treat as confidential (a) all information that is owned by the City, or that relates to the business of the City, or that is used by the City in carrying on business, and (b) all information that is proprietary to a third party (including but not limited to customers and suppliers of the City) . The Contractor shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Contractor shall not use such information to obtain any economic or other benefit for itself, or any third party, except as specifically authorized by the City. The foregoing to the contrary notwithstanding, the Contractor understands that it shall have no obligation under this Agreement with respect to information and material that (a) becomes generally known to the public by publication or some means other than a breach of duty of this Agreement, or (b) is required by law, regulation or court order to be disclosed, provided that the request for such disclosure is proper and the disclosure does not exceed that which is required. In the event of any disclosure under (b) above, the Contractor shall furnish a copy of this Agreement to anyone to whom it is required to make such disclosure and shall promptly advise the City in writing of each such disclosure. In the event that the Contractor ceases to perform services for the City, or the City so requests for any reason, the Contractor shall promptly return to the City any and all information described hereinabove, including all copies, notes and/or summaries (handwritten or mechanically produced) thereof, in its possession or control or as to which it otherwise has access. The Contractor understands and agrees that the City's remedies at law for a breach of the Contractor's obligations under this Confidentiality Agreement may be inadequate and that the City shall, in the event of any such breach, be entitled to seek equitable relief (including without limitation preliminary and permanent injunctive relief and specific performance) in addition to all other remedies provided hereunder or available at law. Professional: City: With Copy to: T2 Systems -Citation Collection City of Fort Collins City of Fort Collins, Purchasing Services, LLC Attn: Randy Hensley PO Box 580 Attn: Jim Zaloudek PO Box 580 Fort Collins, CO 80522 7835 Woodland Drive, Suite 250 Fort Collins, CO 80522 Indianapolis, IN 46278 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's negligent performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits and errors and omissions insurance in the amount of $1,000,000. 5. Compensation. The City will pay the Professional 21 % of all monies collected by the Professional. 6. City Representative. The City will designate, prior to commencement of work, its project representative who shall make, within the scope of his or her authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. Standard Professional Services Agreement- rev03/10 2 7. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, Professional is required to provide the City Representative with a statement of the status of debts turned over to the Professional for collections. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 8. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 9. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 10. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 11. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this agreement, such party may be declared in default. 12. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail Standard Professional Services Agreement- rev03/10 3 himself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non -defaulting party for the non -defaulting party's reasonable attorney fees and costs incurred because of the default. 13. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 14. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 15. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Professional represents and agrees that: a. As of the date of this Agreement: 1. Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. Professional will participate in either the e-Verify program created in Public Law 208, 104th Congress, as amended, and expanded in Public Law 156, 108th Congress, as amended, administered by the United States Department of Homeland Security (the "e-Verify Program") or the Department Program (the "Department Program"), an employment verification program established pursuant to Section 8-17.5-102(5)(c) C.R.S. in order to confirm the employment eligibility of all newly hired employees to perform work under this Agreement. b. Professional shall not knowingly employ or contract with an illegal alien to perform work under this Agreement or knowingly enter into a contract with a subcontractor that knowingly employs or contracts with an illegal alien to perform work under this Agreement. C. Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre -employment screening of job applicants while this Standard Professional Services Agreement- rev03/10 4 Agreement is being performed. d. If Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Professional shall: 1. Notify such subcontractor and the City within three days that Professional has actual knowledge that the subcontractor is employing or contracting with an illegal alien; and 2. Terminate the subcontract with the subcontractor if within three days of receiving the notice required pursuant to this section the subcontractor does not cease employing or contracting with the illegal alien; except that Professional shall not terminate the contract with the subcontractor if during such three days the subcontractor provides information to establish that the subcontractor has not knowingly employed or contracted with an illegal alien. e. Professional shall comply with any reasonable request by the Colorado Department of Labor and Employment (the "Department") made in the course of an investigation that the Department undertakes or is undertaking pursuant to the authority established in Subsection 8-17.5-102 (5), C.R.S. f. If Professional violates any provision of this Agreement pertaining to the duties imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this Agreement. If this Agreement is so terminated, Professional shall be liable for actual and consequential damages to the City arising out of Professional's violation of Subsection 8-17.5-102, C.R.S. g. The City will notify the Office of the Secretary of State if Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 16. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit B, consisting of one (1) page, attached hereto and incorporated herein by this reference. Standard Professional Services Agreement- rev03/10 5 THE CITY OF FORT COLLINS, COLORADO By: t mes B. O'Neill II, CPPO, FNIGP Director f Purchasing & Risk Management DATE: / / /%2 `{ I , D Citation Collection Services, LLC By: Title: E e Vi sident of Finance CORPORATE PRESIDENT OR VICE PRESIDENT Date: November 22, 2010 ATTEST: (Corporate Seal) Corpor cr to ,5, Standard Professional Services Agreement- rev03/10 EX BITA SCOPE OF SERVICES The Statement of Work ("SOW") and any Exhibits or Attachments hereto shall be governed by the terms of the Collection Services Amendment to the T2 Agreement, ("Agreement") between the City of Fort Collins ("the City") and T2 Systems, Inc. Scope This SOW outlines the deliverables to be completed for the successful project implementation at the City. Deliverables not addressed in this SOW are considered to be out -of -scope, and therefore not included. Change requests to the SOW must be submitted in writing to the T2 Project Manager. In Scope T2 will provide collection activities through its wholly -owned subsidiary, Citation Collection Services, LLC ("CCS"). PLEASE NOTE: a reference to "escalate" implies the citations that have been identified to be turned over to CCS for collection. Collections CCS will perform outbound collection procedures on individual debts including: Third party, FDCPA (Fair Debt Collection Practices Act) compliant letter services and outbound/inbound collection call center services State licensed Experienced staff Non -confrontational and professional approach that reflects positively on your organization IM Credit Bureau Listing functions on all accounts with debt equal to or greater than $50, greatly improving collection percentages Skip Tracing — access to a database with personal information Real time bankruptcy information to ensure that no FDCPA violation is committed when pursuing an individual who has petitioned for bankruptcy, verify the legitimacy of the bankruptcy status, and improve collection efficiency and results. City Collection Details CCS will assume responsibility for all citations the City has identified and escalated to a collection status, beginningon the date the Collection Services Agreement between the City and T2 Systems is signed. Based on information from the City, the total uncollectable debt per year is approximately $120,000.00. Since 01/01/2008, there is approximately $290,000 million outstanding. T2 Systems, Inc. Last Modified: 11 /24/09 With CCS's assistance, the CITY will transfer the citations (soft transfer, balance will remain in T2 Flex) to collections. Payments can be made at the City or CCS. The City will pay to CCS 21 % of the amount collected, regardless of whether payment is made at the City or CCS. For funds collected at CCS, CCS will remit back to the City 100% of the amount collected, and will invoice the City for 21 %. If collected by the City, 21 % of the payment amount will be invoiced by CCS. Documentation will be provided to the City that shows clearly how much was collected by the City, how much by CCS, and how much is invoiced by CCS in each category. CCS is authorized to collect on the citations' balance using collection best - practices. This can include, but is not limited to, additional letter notifications and outbound calling. These collection best -practices are already included in the fee quoted. la T2/CCS will provide a query to export the citation data to be escalated to CCS for collections. This query will include adding on a collections fee of 25% of the amount of each citation, not to exceed $30 per citation. The CITY will generate this file, at a minimum, on a monthly basis, by the 30th of the month. T2 will assist the City in automating the generation of this file by setting up a scheduled task. In advance of generating this file, the data will be matched with current Registered Owner information. In the event CCS doesn't receive this file in agreed upon frequency, CCS reserves the right to demote the priority of the City's collections in the collection queue. CCS limits the number of citations that can have a fee waived per month. Six (6) citations per month can have their service fees waived. In the event the City needs to recall a citation that has already been escalated for collection, the City will notify the CCS Collections Manager. To limit unauthorized recalls, the City has named the following two (3) individuals as authorized persons on the City's behalf to complete the recall (Dave M. Johnson, Tisha McRae or Randy Hensley). All other requests will be denied. Once the initial letter has been sent, the City can use one of their six (6) citation waivers per month to remove the citation from the collections process. Im CCS will send one (1) PL-95 collection letter per citation. Assuming the citation holder does not pay from the PL-95, CCS will begin collection best practice procedures. CCS will import daily payments into the City's T2 Flex database that have been made through CCS. The file will contain the citation number, payment date and citation amount. The file will be imported via the T2 Flex Task Scheduler using the Citation Payments Received task. The imported daily payments will be made in a separate designated cash drawer, with an identifiable payment type that allows the City to identify payments made through the collections process. la CCS will obtain from T2 Flexor via SFTP a daily payment import file of payments received at the City. It will contain the citation number, payment date and citation amount. It will be imported into the collections software, Artiva. T2 Systems, Inc. 2 Last Modified: 11/24/09 Im CCS will provide the City with a monthly reconciliation report on the 3`d Friday of each month. The report will provide statistics on citations collected, dollar amount collected, and associated fees. Also, an electronic check will be issued in the total amount collected. An invoice will be sent to the City for 21 % of amounts collected. CCS will assess fees to the citation holder for insufficient funds. A flat $20.00 fee would be assessed to the citation holder for insufficient funds. 0 In the event the City escalated delinquent debt falls below $45,000.00 per year, the City's previous twelve months' collection rate will be increased by 10% of the total collected amount. This additional charge will be invoiced separately CCS will provide a Project Manager that will be responsible for the project planning, scheduling, and status reporting. In addition, Project Manager will act as the project's single point of contact with regards to change management and issue/risk control. T2 Systems will assist the City in terminating the task and related processes in FLEX that currently export citations to the City's existing collections vendor. T2 Systems will provide training and support to the City's project manager for a period of time sufficient to insure smooth implementation and routine operations are in place. Not Included Any letter service or payment processing outside of the collection process. Any eBusiness functionality outside of the collection process. A separate quote can be provided for these services. RoVR lookups are not included in this SOW and can be provided separately. Project Methodology Each party shall designate a Project Manger who shall work together to facilitate an efficient delivery of the SOW. The CCS Project Manager will be responsible for project planning, scheduling, and issue/risk resolution. Throughout the duration of the project, CCS may be utilizing various CCS subject matter experts, as necessary. The CCS Project Manager will introduce the various team members and their particular role in the project. The City's Project Manager during pre -implementation will be Randy Hensley. He will be responsible for identifying and coordinating the City resources necessary to meet the project schedule. The specific resource requirements will be itemized during the project kick-off meeting. In addition, the City's Project Manager will provide assistance and information necessary for the project team to deliver the best possible solution. During and after implementation, the City's project manager will be Dave M.Johnson, who will be responsible for the City's side of the collections process during implementation and after the "go live" date. CCS's project methodology includes numerous items that are dependent upon the City meeting certain obligations. Failure to meet those obligations may result in a delay to the project and/or additional fees. T2 Systems, Inc. Last Modified: 11/24/09