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HomeMy WebLinkAbout243031 BC SERVICES INC - CONTRACT - RFP - 8488 COLLECTION AGENCY SERVICESOfficial Purchasing Document Last updated 3/2018 Page 1 of 2 AMENDMENT #01 AGREEMENT FOR 8488 COLLECTION SERVICES This first Amendment (Amendment #01) is entered into by and between the CITY OF FORT COLLINS (the “City”) and BC SERVICES, INC. (the “Professional”). WHEREAS, the Professional and the City entered into an Agreement effective July 17, 2017 (the “Agreement”); and WHEREAS, Professional and the City desire to amend the Agreement to add an additional department to the Scope of Services. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual promises herein contained, the parties agree as follows: 1. Amend I. Scope of Work, C. Additional Departments on page 10 to read as follows: I. Scope of Work, C. Sales and Use Tax: The Sales Tax Department will provide available account information to the Professional, including the sales and use tax account holder’s name, address, account number, contact information, amount due, and due date. Accounts assigned to collections expire three (3) years from the date such account was initially due for payment to the City by the debtor and should be returned to The Sales Tax Department immediately after expiration. Any monies collected by the Professional on the account prior to the expiration date will be remitted to the City less any amount due the Professional for collection activities. Tax information shall be confidential information regardless of the form or method in which it is communicated to Professional. Tax information shall be considered Confidential Information for purposes of Exhibit E. In the event of a conflict between this Subsection C and Exhibit E, this Subsection C shall control. Disclosure of such information by the Professional to third parties constitutes a violation of Sections 25-166 and 25-262 of the Code of the City of Fort Collins and other applicable law and is grounds for immediate termination of the Professional’s contractual relationship with the City. In the event the Professional is made a party or threatened to be made a party, or is involved in any action, suit, or proceedings, whether civil, criminal, investigative, or appellate, and in connection therewith is requested or required to disclose (by oral questions, interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process), or wish to disclose any portion of the tax information supplied to the Professional by the City under this Agreement, the Professional agrees to (i) provide the City with prompt notice of the existence, terms, and circumstances surrounding such a request, (ii) consult with the City on the advisability of taking legally available steps to resist or narrow such request, and (iii) if disclosure of such information is required by others or is sought by the Professional, exercise best efforts to obtain a DocuSign Envelope ID: B125A4D9-F401-410C-B582-188520B50265 Official Purchasing Document Last updated 3/2018 Page 2 of 2 protective order or other reliable assurance that confidential treatment will be afforded to the City's tax records. 2. Amend I. Scope of Work on page 10 to include: D. Additional Departments Additional City departments may be added to the agreement. Details about the department’s scope of work will be added at that time. Except as expressly amended by this Amendment #01, all other terms and conditions of the Agreement shall remain unchanged and in full force and effect. In the event of a conflict between the terms of the Agreement and this Amendment #01, this Amendment #01 shall prevail. IN WITNESS WHEREOF, the parties have executed this First Amendment the day and year shown. CITY OF FORT COLLINS: By: Gerry Paul Purchasing Director DATE: BC SERVICES, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: B125A4D9-F401-410C-B582-188520B50265 Owner/Executive VP John Boettcher 11/7/2018 11/7/2018