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HomeMy WebLinkAboutPROFESSIONAL FINANCE COMPANY - CONTRACT - RFP - 7304 COLLECTION SERVICESCOLLECTION 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 Professional Finance Company, Inc., hereinafter referred to as "Agency". WITNESSETH: WHEREAS, the City is desirous of engaging the services of the Agency for the collection of monetary amounts owed to the City from third parties on overdue accounts; and WHEREAS, the City has solicited bids from collection agencies for the provision of such services; and WHEREAS, the Agency is a collection agency properly licensed and bonded under the laws of the State of Colorado to provide such services. NOW THEREFORE, in consideration of the mutual covenants and promises herein contained, the receipt and adequacy of which is hereby acknowledged by the parties, the City and the Agency do hereby agree as follows: 1. Scope of Services. At the City's option either "pre -collection" services or "direct collection" services will be provided to the City by the Agency as described below. The Agency will provide such services as an independent contractor and not as an employee of the City. Such services will commence immediately upon assignment of the account and designation of the type of service by the City to the Agency. a. Direct Collection Services. Such services will consist of the Agency's normal collection activities, including the transmission of correspondence and telephone communications between the Agency and the debtor, as deemed appropriate by the Agency. Assignment for such services shall be for a period of six months, unless otherwise specified by the City at the time of assignment. 2. Compensation. The Agency will be compensated by the City only for amounts actually collected by the Agency during the period of assignment of said accounts. Compensation for direct collection services shall be equal to 25% of the amount collected by the Agency within said period, unless such accounts are recovered through litigation or are referred to another agency under Paragraph 7 of this agreement, in which event the compensation will be 33% of the amount collected by the Agency. No compensation will be due to the Agency by the City for uncollected accounts, nor will interest charges accrue, either to the benefit of the City or the Agency, on accounts assigned for collection. 3. Assignment of Accounts. Frequency of Assignment. The City will assign accounts to the Agency for collection at the City's sole discretion, provided, however, that at least one account will be assigned by the City for collection during each quarter of the calendar year during the term of this agreement. The age of assigned accounts may range from sixty (60) days to twenty-four (24) months from the date such account was initially due for payment to the City by the debtor, except that the initial listing may contain accounts older than 24 months. b. Manner of Assignment. A representative shall be designated by the City upon execution of this agreement who will assign accounts to the Agency. Assignment of such accounts will be effective as of the date upon which any such account is submitted to the Agency by the designated representative. Within fifteen (15) days of the Agency's receipt of such assignment, an acknowledgment of assignment will be submitted to the City by the Agency. In the event such acknowledgment is not received within such period of time, the City may withdraw any such account not properly acknowledged. Subsequent to assignment by the City representative, the City will refrain from any direct contact with the debtor and will refer all inquiries concerning the account to the Agency for the duration of the period of assignment. C. Return of Assignment. At the time of assignment, the City has the option of specifying the dates of assignment and upon expiration thereof, the account shall expire and be returned to the City. No fee will be due the agency for monies received after the account expiration date. 4. Cancellation of Accounts. Accounts previously assigned for collection may be canceled prior to the expiration of the period of collection originally designated by the City representative either by the withdrawal of the account by the City or the return of the account by the Agency under the following circumstances: Withdrawal of Account by the City. In the event the City, subsequent to the assignment of an account, determines there are circumstances warranting withdrawal of an account, the City may withdraw such account from collection upon written notice to the Agency. Circumstances warranting withdrawal by the City may include, without limitation, a determination by the City of hardship to the debtor or the creation of substantial interference in an ongoing relationship between the City and the debtor by reason of a disputed account. In the event any account is withdrawn by the City under the provisions of this paragraph, written notice to the Agency shall contain a statement of the circumstances and reasons for withdrawal. Immediately upon the receipt of any such notice, the Agency will cease all collection activity and, in writing, will cancel and return the account in question to the City. Any monies collected by the Agency on the account prior to the withdrawal of the same will be forthwith remitted to the City less any amount due the Agency for collection activities to the date of withdrawal. Return of Account by the Agencv. Accounts deemed uncollectible after expiration of the accounts designated collection period, may be returned to the City by the Agency. In no event, however, will accounts remain with the Agency for collection in excess of six (6) months from the date of assignment without written approval by the City representative. C. Withdrawal of Account when collected. In the event a utility account which has been assigned to the Agency is collected by a title company or paid by the property owner at the time of closing on the sale of the property, the account will be considered collected due to the City's lien ordinance, and not by the Agency. The Agency, therefore, will not be entitled to a fee for any services rendered on these accounts and upon request from the City will immediately cease collection efforts and return the account to the City. 5. Standards of Agency Performance. The Agency agrees to maintain the following minimal standard of operation and performance during the term of this agreement and to provide proof of compliance with such upon request by the City: a. Proper licensing and bonding as required by law. b. Maintaining liability insurance in the minimum amount of $500,000.00 insuring against claims and/or litigation arising from or relating to the collection of City accounts. C. Maintaining a place of business within the State of Colorado for collection activities. d. Maintaining membership in good standing with the American Collectors Association and local credit bureau. e. Adherence to the provisions of the Federal Fair Debt Collection Practices Act, Title VIII of the Consumer Credit Protection Act. f. Establishment and maintenance of adequate in-house training for Agency employees pertaining to effective collection practices, including skip -tracing techniques and the provisions of the Fair Debt Collection Practices Act. 6. Subcontractinq. No subcontracting of local accounts by the Agency will be permitted. "Local accounts" are hereby defined as accounts payable to the City from debtors residing in or doing business within Larimer County, Colorado. Accounts other than local accounts may be subcontracted by the Agency for collection only to other licensed collection agencies which are members of the American Collectors Association. Any collection or other fees due to any such third -party agency shall be paid by the Agency, except that under Paragraph 2 of this Agreement the Agency's compensation for collection may be increased as stated. Any third -party agency subcontracting with the Agency for collection of City accounts will be required to adhere to the same standards, terms and conditions required of the Agency pursuant to this Agreement and the Agency will be responsible for monitoring such compliance. 7. Disputed Accounts. Upon written request from the Agency, the City will provide supporting documentation to the Agency pertaining to the underlying indebtedness of any account, the validity of which is disputed by the debtor. No account assigned to the Agency by the City will be compromised by the Agency, nor will an agreement be reached between the Agency and the debtor for settlement of said account in an amount less than that designated by the City under the assignment of said account, without the express written consent of the City representative. 8. Litigation. No court action will be instituted for collection of City accounts by the Agency without written authorization from the City representative. In the event of the initiation of any such action, the Agency shall be represented by independent legal counsel during the prosecution of any such action, and all attorneys' fees and costs pertaining to said action shall be borne solely by the Agency. 9. Progress Reports. The Agency will provide to the City no less than two (2) written reports during the term of this Agreement pertaining to all accounts assigned to the Agency by the City prior to the date of such report. The first such report shall be due six months from the date of execution of this Agreement and the second such report shall be due no less than ten (10) working days prior to the termination of this Agreement, either upon expiration of the full term hereof or upon such earlier date as this Agreement may be terminated under the provisions hereof. Any such report shall include a summary of collection activities, together with the approximate dates and results thereof, including all amounts collected by the Agency. Notwithstanding the foregoing provisions, additional reports may be required by the City regarding specific accounts and the same shall be provided to the City by the Agency within five (5) working days of the date of any such request. Upon presentation of the two (2) semi- annual reports under the provisions of this paragraph, the Agency shall meet with the City representative for the purpose of exchanging information pertaining to the state of existing law pertaining to collection activities as well as discussion of City accounts. 10. Contract Period. This Agreement shall commence April 1, 2012, and shall continue in full force and effect until May 31, 2013, 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 (4) additional one-year periods. 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 Agency and mailed no later than ninety (90) days prior to contract end. it. Early Termination. Either party may terminate this Agreement prior to the expiration of the above mentioned term by providing written notice of termination to the other party by certified or registered mail, return receipt requested. Such notice shall be delivered to the other party at least fifteen (15) days prior to the termination date contained in the notice unless otherwise agreed by the parties. All monies due to the City by the Agency for collection accounts shall be provided to the City prior to the date of termination. 12. Indemnification. The Agency hereby assumes liability for, and does hereby agree to indemnify, protect, save and keep harmless the City, its agents and servants and any assigns of the City from and against any and all losses, damages, injuries, claims, demands and all expenses, on account of, arising from, or in any way 4 related to the collection activities of the Agency on accounts assigned to the Agency by the City. 13. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party shall fail or refuse to perform according to the terms of this Agreement, such party may be declared in default thereof. 14. Remedies. In the event a party has been declared in default hereunder, and written notice to that effect is provided by non -defaulting parry, the defaulting party shall be allowed a period of five (5) days within which to cure such default. In the event the default remains uncorrected, the non -defaulting party may elect to: (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail itself of any other remedy at law or equity. In the event the Agency fails or neglects to carry out the services required under this Agreement, the City may elect to make good such deficiencies and to charge the Agency therefor. In the event of default of any of the Agreements herein by either party which shall require the party not in default to commence 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 attorneys' fees and costs incurred because of the default. 15. Binding Effect. This Agreement shall be binding upon the City and the Agency and the successors, assigns and heirs of each respectively. 16. Entire Agreement. This writing constitutes the entire Agreement between the parties hereto. 17. Prohibition Against Emoloving Illegal Aliens. This paragraph shall apply to all Contractors whose performance of work under this Agreement does not involve the delivery of a specific end product other than reports that are merely incidental to the performance of said work. Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that: A. As of the date of this Agreement: 1. Contractor does not knowingly employ or contract with an illegal alien; and 2. Contractor has participated or attempted to participate in the basic pilot employment verification 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 "Basic Pilot Program") in order to verify that Contractor does not employ any illegal aliens. B. Contractor shall not knowingly employ or contract with an illegal alien to perform works under this Agreement or enter into a contract with a subcontractor that fails to certify to Contractor that the subcontractor shall not knowingly employ or contract with an illegal alien to perform work under this Agreement. C. Contractor shall continue to apply to participate in the Basic Pilot Program and shall in writing verify same every three (3) calendar months thereafter, until Contractor is accepted or the public contract for services has been completed, whichever is earlier. The requirements of this section shall not be required or effective if the Basic Pilot Program is discontinued. D. Contractor is prohibited from using Basic Pilot Program procedures to undertake pre -employment screening of job applicants while this Agreement is being performed. E. If Contractor obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, Contractor'shall: 1. Notify such subcontractor and the City within three days that Contractor 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 Contractor 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. F. Contractor 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. G. If Contractor 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, Contractor shall be liable for actual and consequential damages to the City arising out of Contractor's violation of Subsection 8-17.5-102, C.R.S. H. The City will notify the Office of the Secretary of State if Contractor violates this provision of this Agreement and the City terminates the Agreement for such breach. 18. Red Flags Rules. Professional must implement reasonable policies and procedures to detect, prevent and mitigate the risk of identity theft in compliance with the Identity Theft Red Flags Rules found at 16 Code of Federal Regulations part 681. Further, Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City's covered accounts. 19. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit "A", consisting of one (1) page, attached hereto and incorporated herein by this reference. 0 ATTEST: City Clerk 11,," AS THE CITY OF FORT COLLINS, COLORADO 4mes B. O'Neill II, CPPO, FNIGP of Purchasing and Risk Management PROFESSIONAL: Professional Finance Company, I By: Title:.n,v� J 7 EXHIBIT "A" CONFIDENTIALITY IN CONNECTION WITH SERVICES provided to the City of Fort Collins (the "City') pursuant to this Agreement (the "Agreement"), the Professional 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 Professional has agreed to perform, the Professional 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 Professional 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 Professional shall not disclose any such information to any person not having a legitimate need -to -know for purposes authorized by the City. Further, the Professional 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 Professional 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 Professional 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 Professional ceases to perform services for the City, or the City so requests for any reason, the Professional 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 Professional understands and agrees that the City's remedies at law for a breach of the Professional'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. 0