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HomeMy WebLinkAbout243031 BC SERVICES INC - CONTRACT - RFP - 8488 COLLECTION AGENCY SERVICES (2)PSA – WO Type: 8488 Collection Agency Services Page 1 of 22 PROFESSIONAL SERVICES AGREEMENT WORK ORDER TYPE 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 BC SERVICES, INC., hereinafter referred to as the "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 any project Work Orders for RFP 8488 Collection Agency Services issued by the City. A blank sample of a work order is attached hereto as Exhibit A, consisting of one (1) page and is incorporated herein by this reference. A scope of services is attached hereto as Exhibit B, consisting of nine (9) pages and is incorporated herein by this reference. The City reserves the right to independently bid any project rather than issuing a Work Order to the Professional for the same pursuant to this Agreement. Irrespective of references in Exhibit A to certain named third parties, the Professional shall be solely responsible for performance of all duties hereunder. The term “Work” as used in this Agreement shall include the services and deliverables contained in Exhibit A and any Work Orders issued by the City. 2. The Work Schedule. The services to be performed pursuant to this Agreement shall be performed in accordance with the Work Schedule stated on each Work Order. 3. Time of Commencement and Completion of Services. The services to be performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto. 4. Contract Period. This Agreement shall commence July 17, 2017, and shall continue in full force and effect until July 16, 2018, 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. Renewals and pricing changes shall be negotiated by and agreed to by both parties. Written notice of renewal shall be provided to the Professional and mailed no later than thirty (30) days prior to contract end. 5. 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. Notices of default shall be sent certified mail. All other notices provided under this DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 2 of 22 Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: City: Copy to: BC Services, Inc. Attn: Alexandra Slocum 550 Disc Drive Longmont, CO 80503 City of Fort Collins Attn: Lori Clements PO Box 580 Fort Collins, CO 80522 City of Fort Collins Attn: Purchasing Dept. PO Box 580 Fort Collins, CO 80522 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. 6. 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 attorney’s 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 insurance in accordance with Exhibit D, consisting of one (1) page, attached hereto and incorporated herein. 7. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay Professional in accordance with Exhibit C, consisting of one (1) page, attached hereto and incorporated herein. Monthly partial payments based upon the Professional's billings and itemized statements of reimbursable direct costs are permissible. The amounts of all such partial payments shall be based upon the Professional's City-verified progress in completing the services to be performed pursuant hereto and upon the City's approval of the Professional's reimbursable direct costs. Upon final payment, all designs, plans, reports, specifications, drawings and other services rendered by the Professional shall become the sole property of the City. 8. License. Upon execution of this Agreement, the Professional grants to the City an irrevocable license to use any and all sketches, drawings, specifications, designs, blueprints, data files, calculations, studies, analysis, renderings, models and other Work Order deliverables (the “Instruments of Service”), in any form whatsoever and in any medium expressed, for purposes of constructing, using, maintaining, altering and adding to the project, provided that the City substantially performs its obligations under the Agreement. The license granted hereunder permits the City and third parties reasonably authorized by the City to reproduce applicable portions of the Instruments of Service for use in performing services or construction for the project. In addition, the license granted DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 3 of 22 hereunder shall permit the City and third parties reasonably authorized by the City to reproduce and utilize the Instruments of Service for similar projects, provided however, in such event the Professional shall not be held responsible for the design to the extent the City deviates from the Instruments of Service. This license shall survive termination of the Agreement by default or otherwise. 9. City Representative. The City will designate, prior to commencement of the 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. 10. Monthly Report. Commencing thirty (30) days after the date of execution of this Agreement and every thirty (30) days thereafter, the Professional is required to provide the City Representative with a written report of the status of the Work with respect to the Scope of Services, Work Schedule, and other material information. Failure to provide any required monthly report may, at the option of the City, suspend the processing of any partial payment request. 11. Independent Contractor. The services to be performed by the 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 the Professional's compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 12. Subcontractors. The Professional may not subcontract any of the Work set forth in the Exhibit A, Statement of Work without the prior written consent of the city, which shall not be unreasonably withheld. If any of the Work is subcontracted hereunder (with the consent of the City), then the following provisions shall apply: (a) the subcontractor must be a reputable, qualified firm with an established record of successful performance in its respective trade performing identical or substantially similar work, (b) the subcontractor will be required to comply with all applicable terms of this Agreement, (c) the subcontract will not create any contractual relationship between any such subcontractor and the City, nor will it obligate the City to pay or see to the payment of any subcontractor, and (d) the Work of the subcontractor will be subject to inspection by the City to the same extent as the Work of the Professional. The Professional shall require all subcontractors performing Work hereunder to maintain insurance coverage naming the City as an additional insured under this Agreement of the type and with the limits specified within Exhibit D, consisting of one (1) page attached hereto and incorporated herein by this reference. The Professional shall maintain a copy of each subcontract’s certificate evidencing the required insurance. Upon request, the Professional shall promptly provide the City with a copy of such certificate(s). 13. Personal Services. It is understood that the City enters into this Agreement based on the DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 4 of 22 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. 14. 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. 15. 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. 16. 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. Notice of default shall be sent certified mail to the notice address as set forth in Paragraph 5 of this Agreement. 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 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. 17. 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. 18. 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. 19. Prohibition Against Employing Illegal Aliens. Pursuant to Section 8-17.5-101, C.R.S., et. seq., the Professional represents and agrees that: a. As of the date of this Agreement: 1. The Professional does not knowingly employ or contract with an illegal alien who will perform work under this Agreement; and 2. The Professional will participate in either the e-Verify program created in Public DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 5 of 22 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. The 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. The Professional is prohibited from using the e-Verify Program or Department Program procedures to undertake pre-employment screening of job applicants while this Agreement is being performed. d. If the Professional obtains actual knowledge that a subcontractor performing work under this Agreement knowingly employs or contracts with an illegal alien, the Professional shall: 1. Notify such subcontractor and the City within three days that the 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 the 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. The 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 the 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, the Professional shall be liable for actual and consequential damages to the City arising out of the 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 the Professional violates this provision of this Agreement and the City terminates the Agreement for such breach. 20. Red Flags Rules. The Professional must implement reasonable policies and procedures DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 6 of 22 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, the Professional must take appropriate steps to mitigate identity theft if it occurs with one or more of the City’s covered accounts and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the Utilities or the Privacy Committee. 21. Special Provisions. Special provisions or conditions relating to the services to be performed pursuant to this Agreement are set forth in Exhibit E - Confidentiality, consisting of three (3) pages, attached hereto and incorporated herein by this reference. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 7 of 22 THE CITY OF FORT COLLINS, COLORADO By: Gerry Paul Purchasing Director DATE: ATTEST: APPROVED AS TO FORM: BC SERVICES, INC. By: Printed: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Date: DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE Steven L. Boettcher 7/13/2017 President Assistant City Attorney 7/13/2017 City Clerk PSA – WO Type: 8488 Collection Agency Services Page 8 of 22 EXHIBIT A WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND DATED: Work Order Number: Purchase Order Number: Project Title: Original Bid/RFP Project Number & Name: Commencement Date: Completion Date: Maximum Fee: (time and reimbursable direct costs): Project Description: Scope of Services: The Professional agrees to perform the services identified above and on the attached forms in accordance with the terms and conditions contained herein and in the Professional Services Agreement between the parties. In the event of a conflict between or ambiguity in the terms of the Professional Services Agreement and this Work Order (including the attached forms) the Professional Services Agreement shall control. The attached forms consisting of ( ) page(s) are hereby accepted and incorporated herein, by this reference, and Notice to Proceed is hereby given. PROFESSIONAL By:_______________________________ Date:_____________________________ CITY OF FORT COLLINS Submitted By: _________________________ Project Manager Date: _________________________ Reviewed by: _________________________ Senior Utility Engineer Date: _________________________ Approved by: _________________________ Water Engineering & Field Services Operations Manager Date: ________________________ Approved by: _________________________ Utilities General Manager (over $1,000,000) Date: ________________________ Approved by: _________________________ Purchasing Director (if over $60,000) Date: _______________________ DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 9 of 22 EXHIBIT B SCOPE OF SERVICES I. Scope of Work BC Services is expected to collect past-due accounts on a contingent-fee basis on behalf of the City of Fort Collins. Collection agency services will primarily be used by Fort Collins Utilities (Utilities), but also may be utilized by other City Departments, including but not limited to Municipal Court, Sales Tax, and Streets. BC Services will provide collections services as an independent contractor and not as an employee of the City. Such services will commence immediately upon assignment of the account by the City to the Agency. Awarded Agency will be legally responsible for all collections work performed for the City. No subcontracting of accounts by the Agency will be permitted. Normal collection activities will include, without limitation, correspondence and communications between the agency and the delinquent debtor(s). There is no guarantee that any fixed quantity of debts will be referred to the Agency. No compensation will be due to the Agency for uncollected accounts. A. Utilities Fort Collins Utilities provides electric, water, wastewater and/or stormwater services to approximately 80,000 residential and commercial customers. Fort Collins Utilities issued approximately one million utility bills in 2016 and was unable to collect on approximately 3% of the total accounts. Per City Code, unpaid utility costs constitute a perpetual lien on property in Fort Collins. Utilities will provide available account information to the Agency, including the account holder’s name, address, account number, contact information, date of birth, amount due, and due date. Accounts assigned to collections expire six (6) years form the date such account was initially due for payment to the City by the debtor and should be returned to Utilities immediately after expiration. Any monies collected by the Agency on the account prior to the expiration date will be remitted to the City less any amount due the Agency for collection activities. B. Municipal Court The Fort Collins Municipal Court (Court) is responsible for administering the operations of the judicial branch of City government according to the City Charter and ordinances adopted by City Council. Cases adjudicated in Municipal Court include traffic violations, misdemeanors, and civil infractions. Generally, cases are brought to Municipal Court by the Fort Collins Police Services, Colorado State University Police Department, Animal Control, and other City departments. In 2016, the Municipal Court processed approximately 28,000 cases to completion: 11,700 general cases and 16,700 Camera Radar/Red Light (CRRL) cases. When a defendant fails to appear or pay certain types of cases, the case may be referred to a collections agency for further civil action. The Municipal Court will assign both Camera Radar/Red Light (CRRL) and general case load cases to the Agency for collection on a routine basis. The Court will send the Agency all available case information including; the defendant’s name, address, contact information, date of birth, violation date, violation(s), citation number, amount due, and failure to appear/pay date. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 10 of 22 a. Per the Department of Personnel & Administration Colorado State Archives Record Retention and Disposition Request, general cases assigned to the Agency for collections will expire four (4) years from the date such account was initially due for payment to the City by the debtor and should be returned to the Court immediately after expiration. Any monies collected by the Agency on the account prior to the expiration date will be remitted to the City less any amount due the Agency for collection activities. b. CRRL cases assigned to the Agency for collections will expire 4 years from the date such account was initially due for payment to the City by the debtor and should be returned to the Court immediately after expiration. Any monies collected by the Agency on the account prior to the expiration date will be remitted to the City less any amount due the agency for collection activities. Criminal justice cases are prevented from being discharged by bankruptcy or the filing of bankruptcy per bankruptcy law. C. 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. II. Vendor Background and Conduct BC Services operates solely from company headquarters located at 550 Disc Drive, Longmont, Colorado 80503. BC Services shall utilize professional expertise, quality assurance, and conform to proper and lawful means governing the debt collection industry to achieve maximum recovery of delinquent accounts. As a partner with the City, BC Services guarantees operation in accordance with the City’s mission, vision, and values. BC Services provides excellent service by treating all consumers with dignity and respect while guiding them toward a resolution of their financial obligation to The City. BC Services will act as an extension of the City by providing a consumer-friendly approach to promote the good name and reputation of the City. BC Services representatives are trained and supervised to ensure that communication methods are conducted with the best traditions of the City, BC Services organization, and collections industry. BC Services works with a consumer’s special needs, offering financial assistance options and payment plans. All work is performed in accordance with the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), the TCPA (Telephone Consumer Protection Act), and all other applicable federal and state laws. BC Services will effectively and efficiently collect on consumer accounts from multiple providers of service, including multiple utility companies, city entities, banks, hospitals and physicians. BC Services will partner with the City to find ways to increase success in collecting once the accounts are placed with BC Services and even prior to placement. This is accomplished through the extensive training workshops BC Services offers to clients, as well as the utilization of BC Services analytics department to determine what steps may be taken on the front end to DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 11 of 22 increase collections. All data is available in a wide array of customized reports available to the City at any time. BC Services will make every effort to maintain certification by the Professional Practices Management System (PPMS) from the ACA International governing body. The ACA’s PPMS certification is based on ISO 9002, the internationally recognized quality management standard founded upon sound management principles. The purpose of the ACA’s PPMS program is to promote continuous improvement of planned work services through increased knowledge and skills of agency members. A. Standards of Agency Performance BC Services agrees to maintain the following minimal standards of operation and performance during the term of this agreement and to provide proof of compliance with such upon request by the City: 1. Proper licensing and bonding as required by law. 2. Adhering to the provisions of the Federal Fair Debt Collection Practices Act, Title VIII of the Consumer Credit Protection Act and other applicable federal, state and local laws and regulations. 3. Establishing and maintaining adequate in-house training for Agency employees pertaining to effective collection practices and the provisions of applicable federal, state and local laws. 4. Reporting delinquent accounts to appropriate national credit reporting agencies and agreement to comply with all terms and conditions of applicable federal, state and local laws. BC Services will provide City required written policy regarding the “accuracy and integrity” of the information they are furnishing to credit reporting agencies. 5. Ensuring accounts are handled per each City department’s statute of limitations or expiration criteria. B. Collection Methods BC Services utilizes a detailed collection process including the following methods: 1. Account scrubs and account scoring 2. FDCPA-Compliant Letter series 3. Diligent telephone campaigns 4. Follow-up with open accounts 5. Credit Bureau reporting when directed by client 6. Litigation upon asset verification and written client approval BC Services will maximize performance by using detailed account segmentation and a proven proprietary scoring model that helps identify accounts with the greatest propensity to pay. These accounts are placed with dedicated teams on the predictive dialer to maximize contact with consumers and achieve the greatest return for BC Services’ clients. Larger balance and older accounts may be handled manually by BC Services’ most experienced representatives who “own” their accounts and work with consumers and their families to encourage payment in the greatest return. The collection process will begin immediately upon accounts loading into the BCS Ontario FACS system database. All accounts undergo initial process scrubs prior to the first letter, to check for updated demographic information, bankruptcy and deceased accounts. All mail returns are electronically recorded and are then batched to 2 skip tracing vendors to locate new or updated demographic information. The results from these additional searches are electronically updated on the accounts within 24 hours. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 12 of 22 After the initial scrubs and additional batch skip tracing, accounts are scored utilizing BC Services’ proprietary scoring algorithm and are then tied with existing accounts. Dialing pools are generated based on score and demographics within 7 days of list. Accounts with missing demographics are sent to BC Services’ cyber and professional skip tracing team members. BC Services builds and develops all dialing campaigns in full compliance with federal and state laws. Accounts are placed in a dialing pool in which phone attempts are made on each account during the campaign. The consumer’s home number is automatically dialed first, followed by their work phone number and cellular number (with TCPA consent). If no answer or response is given, the spouse is then called, if applicable. Consumers are engaged in friendly, conversational communication. For those consumers that do not have the ability to pay, BC Services offers payment applications, money sources, stipulations and payment plan reviews. C. Collection Goals and Benchmarks BC Services establishes goals based upon each client’s requirements and specifications as well as internal company targets for each week, month, and year. BC Services ensures the continued effectiveness of BC Services team and compliance with all internal and external requirements. BC Services uses income and revenue as key performance indicators of growth and success. Beyond financial measurements, BC Services considers overall compliance, client satisfaction, consumer satisfaction, and employee tenure and morale. Team benchmarks are based on client goals and requirements and reviews call statistics, promises to pay, payment arrangements, and revenue on a daily, weekly and monthly basis. BC will make immediate changes to team assignments, dialer cycles, and other technology enhancements to increase productivity. D. Employee Training and Compliance BC Services will employ and train responsive and respectful account representatives to manage the City’s inventory. BC Services will constantly work to improve the consumer service experience for all of BC Services clients through extensive training and certifications for BC Services employees. All representatives are certified through the ACA Educational Program and tested on FDCPA compliance. Employees receive retraining if needed. BC Services will maintain a fully integrated, technologically sophisticated compliance management system. BC Services ensures accounts are handled properly and that the City is informed about all regulatory changes that may affect the City’s accounts. BC Services uses state-of-the-art technology to ensure compliance, including: 1. Call recording 2. Call monitoring 3. Speech analytics 4. Consumer compliance tracking software 5. Employee training software E. Timelines for Collections BC Services’ main goal is to collect on accounts as quickly and efficiently as possible. Within 24 hours of the account placement file being uploaded to BC Services’ secure FTP site, the accounts are scrubbed for accurate demographics, and the first FDCPA compliant letter is mailed to the consumer. Initial dialing campaigns begin within 7 days of account listing. BC DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 13 of 22 Services keeps all accounts active until the statute of limitations has expired unless required to close the account. F. Assignment of Accounts Accounts shall be assigned to the agency for the intent of collecting overdue monetary amounts due the City, while maintaining a good customer relationship. Agency shall promptly undertake, through proper and lawful means, the post-default due diligence and collection of all accounts referred to it by City without regard to the amount. 1. Frequency of Assignment. The City will assign accounts to the Agency for collection at the City's sole discretion. The age of assigned accounts may range from ninety (90) days to twelve (12) months from the date such account was initially due for payment to the City by the debtor. 2. Manner of Assignment. Assignment of accounts will be effective as of the date upon which the account is submitted to the Agency by the City. Subsequent to assignment by the City, the City will refrain from actively contacting debtors. While the City will accept payments from debtors, the City will refer other inquiries concerning the account to the Agency for the duration of the period of assignment. 3. Return 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. The City can request any accounts be cancelled and returned at any time at no charge, no questions asked. These requests can be made through BC Services’ secure website, BC Services secure FTP site, by telephone to BC Services Customer Service Department or by secure email. A cancellation reason is required so the account can be properly documented with the appropriate cancellation code for reporting purposes. 4. Cancellation of Accounts. Accounts previously assigned may be canceled either by the withdrawal of the account by the City or the return of the account by the Agency under the following circumstances: i. Withdrawal of Account by the City. In the event the City determines there are circumstances warranting withdrawal of an account, the City may withdraw such account from collection upon 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. Immediately upon the receipt of any such notice, the Agency will cease all collection activity and will cancel and return the account in question to the City. ii. Return of Account by the Agency. Accounts deemed uncollectible after expiration (e.g. bankruptcy (except for Municipal Court), death of account holder) may be returned to the City by the Agency. It is the Agency’s responsibility to provide the City with the reason for return. iii. Withdrawal of Account when collected. In the event, a municipal court or utility account which has been assigned to the Agency is collected by the City, 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 DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 14 of 22 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. Any monies collected by the agency on the account prior to the withdrawal will be remitted to the Utilities. iv. In the event the Court determines there are circumstances warranting the withdrawal of an account, the Court will notify the Agency. The Agency will acknowledge receipt of this information, cease all collection activity, and return the account to the Court. Any monies collected by the agency on the account prior to the withdrawal will be remitted to the Court. G. Credit Reporting At the City’s discretion, BC Services will report all eligible accounts to respective credit reporting agencies based upon their requirements and the requirements of the FCRA. Credit reporting is only available on utility collection accounts per these regulations. (Credit reporting agencies no longer accept the reporting of Municipal Court, Sales Tax, Streets, Fees, Fines or Parking Tickets.) Utility accounts may be reported to the credit reporting agencies after a minimum of 60 days from the date of placement with BC Services. BC Services exclusively reports delinquencies to Experian. As a standard practice, BC Services holds new accounts for a minimum of 90 days before we report information to the credit bureau. This allows consumers time to validate an account and provides them with an opportunity to pay in full before a derogatory notation is made on their credit report. Credit reporting is conducted in accordance with the FCRA. BC Services maintains a full-time compliance team dedicated to accurate reporting. Upon notice from a client, BC Services’ compliance team has the ability to manually remove any derogatory remark on a consumer’s credit report that was deemed “turned in error.” H. Litigation of Accounts Legal action is recommended when all attempts to negotiate a timely and satisfactory arrangement for payment have failed and sufficient assets exist on which to execute judgment. Recovery Specialists refer the account to BC Services’ in-house legal clerks for review prior to the initiation of the action. BC Services legal supervisors will review the accounts to ascertain whether all of the City’s collection policies and procedures are followed and that the City’s written approval for legal action is on file. Once the legal review is complete, all documents are placed with BC Services’ in-house general counsel for review and signature. All legal procedures require a signature authorization from the City prior to initiation of legal action against the consumer. No court action will be instituted for collection of City accounts by BC Services without written authorization from the City representative. In the event of the initiation of any such action, BC Services 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 BC Services. To ensure full compliance with federal bankruptcy laws, BC Services receives notices electronically and through mail. Once notified by the bankruptcy court, all further communication between BC Services and the consumer ceases until the bankruptcy has been dismissed or discharged. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 15 of 22 Notification of bankruptcies received by BC Services is provided back to the City in either a weekly or monthly Cancellation Report. Along with the scheduled Cancellation Report, detailed bankruptcy information can also be provided to the City to provide the case number, filing date, chapter filed, and attorney information. All communication pertaining consumer information is transmitted through BC Services’ secure SFTP site. As a last resort for those clients that consider litigation as a form of collection, BC Services may recommend litigation by means of a garnishment or property lien as a method of collection. Litigation is approved by our clients on a case-by-case basis upon asset verification. I. 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. J. Complaints BC Services takes seriously any complaints or disputes that we receive. BC Services process for working with an upset consumer or complaint is as follows. When a dispute is received, BC Services will document and scan all written disputes and record all verbal disputes made to BC Services’ office in the consumer’s file. BC Services immediately flags the account in question and will contact the appropriate City department to communicate any unresolved issues and discuss BC Services’ next step before continuing collection efforts. Consumer complaints are thoroughly investigated by reviewing recorded conversations regarding the dispute. BC Services offers a Consumer Help Desk for those who have a concern or complaint about their account. BC Services’ Help Desk is staffed by supervisors and compliance staff members who have special training in debt resolution, federal and state laws, current compliant trends, and customer service management. K. 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. No compensation will be due to the Agency by the City for uncollected accounts. Interest may be charged on accounts assigned to the agency, and the City and Agency will split the income from this interest. In the event an account is reduced or canceled by City, no collection fee will be due to Agency for the amount of the reduction or cancellation. L. Reporting & Payments BC Services will provide a standard, ad hoc and customized reports in the frequency and format required by the City. All reports can be provided electronically or on paper. Various reports are available through a secure Web portal allowing real-time status. BC Services also offers a package of online customized data analytics reports to help optimize revenue for the City. BC Services’ dedicated data analytics department proactively works with clients to monitor and DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 16 of 22 track all facets of collections. Analytics technology also allows authorized City users to view top reports via a smart device. Additional reports may be requested by the City. Monthly remittance detail shall be submitted via secure transmission method and in a format compatible with the City’s data processing systems. The City is to receive full payment of all fines, late fees, interest and court costs that are imposed by the City. The City will provide a monthly accounting of payments made and provide payment to the collection agency within 30 days. M. Reconciliation BC Services conducts a monthly reconciliation of inventory for each of BC Services bad debt collection clients. Upon receipt of a complete Inventory File from The City, BC Services will utilize this file to determine any type of discrepancy that may exist. BC Services’ reconciliation process identifies the following scenarios: a. Missing placements b. Missing payments/balance discrepancies c. Accounts that have been cancelled by BC Services, but not cancelled by The City The results are provided to the City through BC Services’ secure FTP site each month. The City and BC Services will meet annually at minimum to discuss the status of the contract, opportunities for improvement, or changes in processes. N. Training of City Staff BC Services will provide on-site training by BC’s nationally certified ACA training team for City staff as requested. Training programs are customized to meet the City’s needs and requirements and may include on-site workshops and seminars, collection boot camps, quality customer service skills, and more. BC also will create/provide materials to inform consumers about what to do if they are contacted by an agency. O. Data Security BC Services will maintain Level 1 PCI DSS Compliance. This investment allows the most rigorous controls to be applied to client and consumer data. This includes using Secure File Transfer Protocol (SFTP) for the transfer of any documentation containing consumer information. Also, BC Services encrypts its database using up-to-date security standards, and employees are required to sign confidentiality contracts, ensuring compliance with client privacy and federal and state laws. BC Services agrees to maintain or exceed physical and data security protocols and audit these protocols related to: 1. HIPAA/HITECH 2. PCI DSS DSS version 3.1 (Level 1) 3. IOS 27002 4. Massachusetts 201 CMR 17.00 5. Nevada NRS 603a 6. Gramm-Leach-Bliley Act 7. Red Flag Rules DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 17 of 22 Disaster Recovery BC Services contracts with a third party disaster recovery firm that provides backup physical locations to move operations, work space, connectivity, power supply, and support specialists as needed at a moment’s notice. Primary Contact Information Alexandra Slocum Title: National Sales Director Mailing Address: 550 Disc Drive Longmont, CO 80503 Phone Number: (970) 217-3322 Email Address: aslocum@bcservice.com DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 18 of 22 EXHIBIT C BC SERVICES FEE STRUCTURE 1. Details of the proposed collection fee structure for services. Proposals shall include a collection fee percentage as well as a collection fee percentage when litigation is required. Details related to all reimbursable expenses should also be included. BC Services Fee Structure 100% of Primary Account Placements 21% 100% of Primary Account Placements (Legal) 28% 100% of Secondary Collections 30% 100% Secondary Collections with Legal 35% 50% of Primary Account Placements 23% 50% of Primary Account Placements (Legal) 30% There are no set up fees or separate ancillary fees. 2. Provide information on cost for litigation services and what those services entail. All costs associated with litigation are included in the above proposed contingency fee structure. BC Services advances court costs and filing fees. The first monies collected are applied to these costs. 3. Sample invoice showing detailed costs and how they are calculated. BC Services has the ability to remit payment electronically through an electronic funds transfer or by a hard copy check. Invoices can be provided in a Gross or Net remittance format according to the preference of the City. 4. Schedule of Rates: Provide a schedule of billing rates by category of employee and job title to be used during the term of the Agreement. This fee schedule will be firm for at least one (1) year from the date of the Agreement. Include a per meeting rate in the event additional meetings are needed. BC services works solely on a contingency fee basis and all proposed contingency fees are all inclusive. There are no additional fees or costs that would be charged to the City 5. All direct costs (i.e. printing, postage, etc.) specifically attributed to the project and not included in the billing rates must be identified. BC services works solely on a contingency fee basis and all proposed contingency fees are all inclusive. There are no additional fees or costs that would be charged to the City. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 19 of 22 EXHIBIT D INSURANCE REQUIREMENTS 1. The Professional will provide, from insurance companies acceptable to the City, the insurance coverage designated hereinafter and pay all costs. Before commencing Work under this bid, the Professional shall furnish the City with certificates of insurance showing the type, amount, class of operations covered, effective dates and date of expiration of policies, and containing substantially the following statement: “The insurance evidenced by this Certificate will not reduce coverage or limits and will not be cancelled, except after thirty (30) days written notice has been received by the City of Fort Collins.” In case of the breach of any provision of the Insurance Requirements, the City, at its option, may take out and maintain, at the expense of the Professional, such insurance as the City may deem proper and may deduct the cost of such insurance from any monies which may be due or become due the Professional under this Agreement. The City, its officers, agents and employees shall be named as additional insureds on the Professional's general liability and automobile liability insurance policies for any claims arising out of Work performed under this Agreement. 2. Insurance coverages shall be as follows: A. Workers' Compensation & Employer's Liability. The Professional shall maintain during the life of this Agreement for all of the Professional's employees engaged in Work performed under this Agreement: 1. Workers' Compensation insurance with statutory limits as required by Colorado law. 2. Employer's Liability insurance with limits of $100,000 per accident, $500,000 disease aggregate, and $100,000 disease each employee. B. Commercial General & Vehicle Liability. The Professional shall maintain during the life of this Agreement such commercial general liability and automobile liability insurance as will provide coverage for damage claims of personal injury, including accidental death, as well as for claims for property damage, which may arise directly or indirectly from the performance of Work under this Agreement. Coverage for property damage shall be on a "broad form" basis. The amount of insurance for each coverage, Commercial General and Vehicle, shall not be less than $1,000,000 combined single limits for bodily injury and property damage. In the event any Work is performed by a subcontractor, the Professional shall be responsible for any liability directly or indirectly arising out of the Work performed under this Agreement by a subcontractor, which liability is not covered by the subcontractor's insurance. C. Errors & Omissions. The Professional shall maintain errors and omissions insurance in the amount of $1,000,000. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE New insurance PSA – WO Type: 8488 Collection Agency Services Page 20 of 22 EXHIBIT E CONFIDENTIALITY IN CONNECTION WITH THE SERVICES to be provided by Professional under this Agreement, the parties agree to comply with reasonable policies and procedures with regard to the exchange and handling of confidential information and other sensitive materials between the parties, as set forth below. 1. Definitions. For purposes of this Agreement, the party who owns the confidential information and is disclosing same shall be referenced as the “Disclosing Party.” The party receiving the Disclosing Party’s confidential information shall be referenced as the “Receiving Party.” 2. Confidential Information. Confidential Information controlled by this Agreement refers to information which is not public and/or is proprietary and includes by way of example, but without limitation, City customer information, utility data, service billing records, customer equipment information, location information, network security system, business plans, formulae, processes, intellectual property, trade secrets, designs, photographs, plans, drawings, schematics, methods, specifications, samples, reports, mechanical and electronic design drawings, customer lists, financial information, studies, findings, inventions, and ideas. To the extent practical, Confidential Information shall be marked “Confidential” or “Proprietary.” Nevertheless, Professional shall treat as Confidential Information all customer identifiable information in any form, whether or not bearing a mark of confidentiality or otherwise requested by the City, including but not limited to account, address, billing, consumption, contact and other customer data. In the case of disclosure in non- documentary form of non-customer identifiable information, made orally or by visual inspection, the Disclosing Party shall have the right, or, if requested by the Receiving Party, the obligation to confirm in writing the fact and general nature of each disclosure within a reasonable time after it is made in order that it is treated as Confidential Information. Any information disclosed to the other party prior to the execution of this Agreement and related to the services for which Professional has been engaged shall be considered in the same manner and be subject to the same treatment as the information disclosed after the execution of this Agreement with regard to protecting it as Confidential Information. 3. Use of Confidential Information. Receiving Party hereby agrees that it shall use the Confidential Information solely for the purpose of performing its obligations under this Agreement and not in any way detrimental to Disclosing Party. Receiving Party agrees to use the same degree of care Receiving Party uses with respect to its own proprietary or confidential information, which in any event shall result in a reasonable standard of care to prevent unauthorized use or disclosure of the Confidential Information. Except as otherwise provided herein, Receiving Party shall keep confidential and not disclose the Confidential Information. The City and Professional shall cause each of their directors, officers, employees, agents, representatives, and subcontractors to become familiar with, and abide by, the terms of this section, which shall survive this Agreement as an on-going obligation of the Parties. Professional shall not use such information to obtain any economic or other benefit for itself, or any third party, other than in the performance of obligations under this Agreement. DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 21 of 22 4. Exclusions from Definition. The term “Confidential Information” as used herein does not include any data or information which is already known to the Receiving Party or which before being divulged by the Disclosing Party (1) was generally known to the public through no wrongful act of the Receiving Party; (2) has been rightfully received by the Receiving Party from a third party without restriction on disclosure and without, to the knowledge of the Receiving Party, a breach of an obligation of confidentiality; (3) has been approved for release by a written authorization by the other party hereto; or (4) has been disclosed pursuant to a requirement of a governmental agency or by operation of law. 5. Required Disclosure. If the Receiving Party is required (by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process, or by federal, state, or local law, including without limitation, the Colorado Open Records Act) to disclose any Confidential Information, the Parties agree the Receiving Party will provide the Disclosing Party with prompt notice of such request, so the Disclosing Party may seek an appropriate protective order or waive the Receiving Party’s compliance with this Agreement. The Receiving Party shall furnish a copy of this Agreement with any disclosure. 6. Notwithstanding paragraph 5, Professional shall not disclose Confidential Information to any person, directly or indirectly, nor use it in any way, except as required or authorized in writing by the City. 7. 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 and must as expeditiously as possible notify the City in writing of significant breeches of security or Red Flags to the City. 8. Data Protection and Data Security. In addition to the requirements of paragraph 7, Professional shall have in place information security safeguards designed to conform to or exceed industry best practices regarding the protection of the confidentiality, integrity and availability of utility and customer information and shall have written agreements requiring any subcontractor to meet those standards. These information security safeguards (the “Information Security Program”) shall be materially consistent with, or more stringent than, the safeguards described in this Exhibit. a) Professional’s information security safeguards shall address the following elements: DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE PSA – WO Type: 8488 Collection Agency Services Page 22 of 22  Data Storage, Backups and Disposal  Logical Access Control (e.g., Role-Based)  Information Classification and Handling  Secure Data Transfer (SFTP and Data Transfer Specification)  Secure Web Communications  Network and Security Monitoring  Application Development Security  Application Security Controls and Procedures (User Authentication, Security Controls, and Security Procedures, Policies and Logging)  Incident Response  Vulnerability Assessments  Hosted Services  Personnel Security DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE CERTIFICATE HOLDER INSURED INSURERS AFFORDING COVERAGE INSURER A: INSURER B: INSURER C: INSURER D: INSURER E: NAIC # ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ACORD 25 (2001/08) © ACORD CORPORATION 1988 CANCELLATION AUTHORIZED REPRESENTATIVE REPRESENTATIVES. IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL DAYS WRITTEN SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION ACORD TM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) AUTO ONLY - EA ACCIDENT $ $ $ AGG EA ACC AUTO ONLY: OTHER THAN GARAGE LIABILITY ANY AUTO (Per person) $ BODILY INJURY (Per accident) $ BODILY INJURY (Ea accident) $ COMBINED SINGLE LIMIT (Per accident) $ PROPERTY DAMAGE NON-OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS ALL OWNED AUTOS ANY AUTO AUTOMOBILE LIABILITY INSRD ADD'L DATE (MM/DD/YY) LIMITS POLICY EXPIRATION DATE (MM/DD/YY) POLICY EFFECTIVE LTR TYPE OF INSURANCE POLICY NUMBER INSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING COVERAGES OFFICER/MEMBER EXCLUDED? ACORD 25 (2001/08) holder in lieu of such endorsement(s). require an endorsement. A statement on this certificate does not confer rights to the certificate If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement IMPORTANT affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it The Certificate of Insurance on the reverse side of this form does not constitute a contract between DISCLAIMER DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? INSR ADDL SUBR LTR INSD WVD PRODUCER CONTACT NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: INSURER A : INSURED INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : POLICY NUMBER POLICY EFF POLICY EXP TYPE OF INSURANCE (MM/DD/YYYY) (MM/DD/YYYY) LIMITS AUTOMOBILE LIABILITY UMBRELLA LIAB EXCESS LIAB WORKERS COMPENSATION AND EMPLOYERS' LIABILITY DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) AUTHORIZED REPRESENTATIVE EACH OCCURRENCE $ CLAIMS-MADE OCCUR DAMAGE TO RENTED PREMISES (Ea occurrence) $ MED EXP (Any one person) $ PERSONAL & ADV INJURY $ GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ POLICY PRO- LOC JECT PRODUCTS - COMP/OP AGG OTHER: $ COMBINED SINGLE LIMIT (Ea accident) $ ANY AUTO BODILY INJURY (Per person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON-OWNED PROPERTY DAMAGE AUTOS ONLY AUTOS ONLY (Per accident) $ $ OCCUR EACH OCCURRENCE CLAIMS-MADE AGGREGATE $ DED RETENTION $ PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE $ If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT INSURER(S) AFFORDING COVERAGE NAIC # COMMERCIAL GENERAL LIABILITY Y / N N / A (Mandatory in NH) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: CERTIFICATE HOLDER CANCELLATION ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) $ $ $ $ $ The ACORD name and logo are registered marks of ACORD 07/13/2017 44393 BC Services, Inc. dba Bonded Collection Services, Inc. P O Box 1317 Longmont, CO 80502 24082 24074 41190 A 1,000,000 BKW57687740 03/24/2017 03/24/2018 100,000 15,000 1,000,000 2,000,000 2,000,000 B 1,000,000 BAS57687740 03/24/2017 03/24/2018 C 5,000,000 USO57687740 03/24/2017 03/24/2018 5,000,000 10,000 D 516892 07/01/2016 07/01/2017 100,000 100,000 500,000 UMBRELLA: Effective 04-24-2017 limit increase from $1,000,000 to $5,000,000 City of Fort Collins included as Additional Insured with respect to General Liability per written contract and subject to policy terms and conditions. City of Fort Collins PO Box 580 Fort Collins, CO 80522 BCSERVI-01 JKENTNER TrueNorth Companies, LC 275 South Main Street, Suite 100 Longmont, CO 80501 Melissa Sullivan MSullivan@truenorthcompanies.com West American Insurance Company Ohio Security Insurance Company Ohio Casualty Insurance Company Pinnacol Assurance Company X X X X XX X X X DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE SPECIAL PROVISIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT ER OTH- TORY LIMITS WC STATU- EMPLOYERS' LIABILITY WORKERS COMPENSATION AND EACH OCCURRENCE $ AGGREGATE $ $ $ $ EXCESS/UMBRELLA LIABILITY OCCUR CLAIMS MADE DEDUCTIBLE RETENTION $ PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $ EACH OCCURRENCE $ DAMAGE TO RENTED PREMISES (Ea occurence) $ GENERAL LIABILITY COMMERCIAL GENERAL LIABILITY CLAIMS MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC OTHER 01/25/17 SHBG Insurance Services 150 Broadhollow Road Ste#PH11 Melville, NY 11747 XL Catlin Axis Surplus Ins. Co. A B E&O Cyber Liability $1,000,000 per occurrence $2,000,000 aggregate EKN 620460/01/2017 02/01/17 02/01/18 Coverage: $1,000,000 02/01/17 02/01/18 26620 24554 BC Services, Inc. 550 Disc Drive Longmont, CO 80503 Coverage is in full force and effect and strictly subject to the terms, conditions, and exclusions of the policy. Robert DeMaria MPP9034523 DocuSign Envelope ID: 74462FEC-E4F9-434A-A728-786B7812C9AE