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HomeMy WebLinkAboutResolution - 2015-R0033 - Colletech Diversified - 01/22/2015Resolution No. 2015-R0033 Item No. 5.5 January 22, 2015 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Professional Services Contract for account collection activities by and between the City of Lubbock and Collectech Diversified, Inc., and related documents. Said Contract is attached hereto and incorporated in this resolution as if fully set forth herein and shall be included in the minutes of the City Council. Passed by the City Council on January 22, 2015 G C. ROBERTSON, MAYOR ATTEST: Rebecc Garza, City Secretary APPROVED AS TO CONTENT: Pam Moon, Executive Director of Finance APPROVED AS TO ww::�h Mitchell Satterw-114, First Assistant City Attorney RES.Prof Sery Contract-Collectech Diversified Inc 1.7.15 Resolution No. 2015-R0033 City of Lubbock, TX Financial Collection Services Service Agreement Contract 12069 This Service Agreement (this "Agreement') is entered into as of the 22nd day of January, 2015 ("Effective Date") by and between Collectech Diversified, Inc., (the Contractor), and the City of Lubbock (the "City"). RECITALS WHEREAS, the City has issued a Request for Proposals 15 -12069 -TS, Financial Collection Services. WHEREAS, the proposal submitted by the Contractor has been selected as the proposal which best meets the needs of the City for this service; and WHEREAS, Contractor desires to perform as an independent contractor to provide Financial Collection Services, upon terms and conditions maintained in this Agreement; and NOW THEREFORE, for and in consideration of the mutual promises contained herein, the City and Contractor agree as follows: City and Contractor acknowledge the Agreement consists of the following exhibits which are attached hereto and incorporated herein by reference, listed in their order of priority in the event of inconsistent or contradictory provisions: 1. This Agreement 2. Exhibit A — General Requirements 3. Exhibit B — Proposal 4. Exhibit C — Insurance Scope of Work Contractor shall provide the services that are specified in Exhibit A. The Contractor shall comply with all the applicable requirements set forth in Exhibit B, and C attached hereto. Article 1 Services 1.1 The contract shall be for a term of three (3) years, said date of term beginning upon City council date of formal approval. The City and the Contractor may, upon written mutual consent, extend the contract two (2) additional one year periods. 1.2 The Contractor shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 1.3 City shall assist the Contractor by making available to Contractor all records and data on file that will assist Contractor in the discharge of its duties under this Agreement. 1.4 Contractor agrees to perform services for the City that are specified under the General Requirements set forth in Exhibit A. The City agrees to pay the amounts stated in Exhibit B, to Contractor for performing services. Contractor agrees to obtain insurance coverage as specified in Exhibit C. 1.5 Contractor shall use its commercially reasonable efforts to render Services under this Agreement in a professional and business -like manner and in accordance with the standards and practices recognized in the industry. 1.6 Nonappropriation clause. All funds for payment by the City under this Agreement are subject to the availability of an annual appropriation for this purpose by the City. In the event of nonappropriation of funds by the City Council of the City of Lubbock for the goods or services provided under the Agreement, the City will terminate the Agreement, without termination charge or other liability, on the last day of the then -current fiscal year or when the appropriation made for the then -current year for the goods or services covered by this Agreement is spent, whichever event occurs first. If at any time funds are not appropriated for the continuance of this Agreement, cancellation shall be accepted by the contractor on thirty (30) days prior written notice, but failure to give such notice shall be of no effect and the City shall not be obligated under this Agreement beyond the date of termination. Article 2 Miscellaneous. 2.1 This Agreement is made in the State of Texas and shall for all purposes be construed in accordance with the laws of said State, without reference to choice of law provisions. 2.2 This Agreement is performable in, and venue of any action related or pertaining to this Agreement shall lie in, Lubbock, Texas. 2.3 This Agreement and its Exhibits contains the entire agreement between the City and Contractor and supersedes any and all previous agreements, written or oral, between the parties relating to the subject matter hereof. No amendment or modification of the terms of this Agreement shall be binding upon the parties unless reduced to writing and signed by both parties. 2.4 This Agreement may be executed in counterparts, each of which shall be deemed an original. 2.5 In the event any provision of this Agreement is held illegal or invalid, the remaining provisions of this Agreement shall not be affected thereby. 2.6 The waiver of a breach of any provision of this Agreement by any parties or the failure of any parties otherwise to insist upon strict performance of any provision hereof shall not constitute a waiver of any subsequent breach or of any subsequent failure to perform. 2 2.7 This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, representatives and successors and may be assigned by Contractor or the City to any successor only on the written approval of the other party. 2.8 All claims, disputes, and other matters in question between the Parties arising out of or relating to this Agreement or the breach thereof, shall be formally discussed and negotiated between the Parties for resolution. In the event that the Parties are unable to resolve the claims, disputes, or other matters in question within thirty (30) days of written notification from the aggrieved Party to the other Party, the aggrieved Party shall be free to pursue all remedies available at law or in equity. 2.9 At any time during the term of the contract, or thereafter, the City, or a duly authorized audit representative of the City or the State of Texas, at its expense and at reasonable times, reserves the right to audit Contractor's records and books relevant to all services provided to the City under this Contract. In the event such an audit by the City reveals any errors or overpayments by the City, Contractor shall refund the City the full amount of such overpayments within thirty (30) days of such audit findings, or the City, at its option, reserves the right to deduct such amounts owing the City from any payments due Contractor. 2.10 The City reserves the right to exercise any right or remedy to it by law, contract, equity, or otherwise, including without limitation, the right to seek any and all forms of relief in a court of competent jurisdiction. Further, the City shall not be subject to any arbitration process prior to exercising its unrestricted right to seek judicial remedy. The remedies set forth herein are cumulative and not exclusive, and may be exercised concurrently. To the extent of any conflict between this provision and another provision in, or related to, this document, this provision shall control. IN WITNESS WHEREOF, this Agreement is executed as of the Effective Date. CITY OF LUBBOCK, TX: Glen bertson, Mayor ATT T: Rebecca arza, City Secretary APPROVED AS TO CONTENT: CONTRACTOR: ntractor's Signature �u�y �O rG%a r1 Printed Name �iBSlG6�t Title 3 Pam Moon, Executive Director of Finance F.IUVP . . !'t , G Exhibit A Account Collection and Rate Schedule 1. ACCOUNT COLLECTION a. LP&L Accounts The Agency will perform all normal collection services on overdue accounts owed to LP&L on a continuous basis. An overdue account is a final account which is approximately 45 days old. All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address, and phone number. The LP&L Chief Executive Officer (LP&L CEO), LP&L Chief Financial Officer (LP&L CFO), or authorized designee must approve all written communications. Current volume consists of approximately 587 overdue LP&L accounts per month with an average of $400 per account. If the collection rate falls below 10% during any 2 consecutive months, the agreement may be terminated. ii The Agency shall remit to LP&L the gross amount of all monies received on LP&L accounts once per month. The Agency will bill LP&L monthly for any service fee due by LP&L. All fees are on a contingency basis. iii The Agency shall honor requests by LP&L to withdraw accounts from collection upon LP&L's request. Once an account has been turned back over to LP&L, the Agency is relieved of all responsibility and rights of collection. iv The Agency shall notify LP&L of any legal expense prior to incurring such expense. No legal action shall be taken without written approval from the LP&L CEO, LP&L CFO, or authorized designee. Account information shall be made available to LP&L personnel upon request. v LP&L will provide data on accounts to be collected via e-mail. Collection payment information is to be returned to LP&L via the same format. This is a strict requirement for award of contract. No other format will be accepted. vi Frequency of Notices. The Agency at a minimum shall send three written notices according to the following schedule with respect to each customer for which there is an address in which mail has not been previously returned: Within seven (7) business days of initial assignment of an account Within twenty-one (21) business day of initial assignment of an account Within forty-five (45) business days of initial assignment of an account vii Frequency of telephone efforts for delinquent accounts. The Agency shall attempt to contact customer not less than six (6) times on six separate days and at different times. The intention is for the Agency to continue to locate the customer to encourage him/her to resolve their outstanding debt. The Agency upon reaching the customer shall make every effort to collect the delinquent amount owed. The agency must complete these telephone efforts within forty-five (45) days of the assignment of the account from LP&L. The Agency must maintain Spanish speaking staff to assist Hispanic customers. The Agency shall provide a toll free phone line to assist customers in resolving their delinquent bills; this phone number must be provided on all forms and correspondence and adhere to Local, Federal and State laws. The hours of operation must be described in detail to LP&L as well as to the public. viii The Agency, upon receipt of any notices that are mailed and returned because of incorrect information, shall obtain appropriate address and phone number prior to resuming noticing efforts. ix At least 30 days before submission of delinquent debtor data to a credit bureau, the debtor must be notified in writing of the following: (1) that payment of the claim is overdue; (2) that, not less than 30 days after sending the notice, the City intends to disclose to a credit bureau that the person is responsible for the claim; (3) the specific information to be disclosed to the credit bureau; and (4) of the rights the person has to complete explanation of the claim and to dispute information about the claim. x Accounts may not be compromised by the Agency; however, Agency may enter into payment arrangements with customer not to exceed 6 months without prior approval of LP&L. It is the intent of LP&L that the Agency work with cooperative customers who enter into and comply with the terms of a payment agreement. Such accounts shall not be referred to the credit bureaus unless the customer fails to make payments in accordance with the agreement. b. Water and Sewer Pro -Rata Accounts - Accounting The Agency will perform all normal collection services on current and overdue water and sewer pro -rata accounts. Current volume is approximately 120 accounts averaging $369. The installment billing shall consist of a statement sent at least once a month prior to the due date. All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address and phone number. The Executive Director of Finance must approve all written communications. Water and sewer pro -rata accounts are considered delinquent on the 10th day following the due date. ii The Agency shall remit to the City the gross amount of all monies received on City accounts once per month. The Agency will bill the City for any fee due the Agency on regular monthly statements. All fees will be on a contingency basis. The Agency shall honor requests by the City to withdraw accounts from collection. The Agency must keep the appropriate City personnel advised of any and all payment terms agreed upon by the Agency and the Payee. Once an account has been turned back over to the City, the Agency is relieved of all responsibility and rights of collection. If the Agency receives monies on 6 the account following the return of the account to the City, all monies will be forwarded to the City within 3 days. c. Paving—Accounting i The Agency will perform all normal collection services on overdue paving accounts. Current volume is approximately 325 accounts averaging $685. All of these accounts are delinquent and are no longer receiving installment billings. The most recent of these accounts is ten years old. If the City resumes installment billings, the installment billings shall consist of a statement sent at least once a month prior to that due date. All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address and phone number. The Executive Director of Finance must approve all written communications. Paving accounts are considered delinquent on the 10th day following the due date. ii The Agency shall remit to the City the gross amount of all monies received on City accounts once per month. The Agency will bill the City for any fee due the Agency on regular monthly statements. All fees will be on a contingency basis. The Agency shall honor requests by the City to withdraw accounts from collection. The Agency must keep the appropriate City personnel advised of any and all payment terms agreed upon by the Agency and the Payee. Once an account has been turned back over to the City, the Agency is relieved of all responsibility and rights of collection. If the Agency receives monies on the account following the return of the account to the City, all monies will be forwarded to the City within 3 days. d. Civic Center/Auditorium-Coliseum/Civic Lubbock, Inc. i The Agency will perform all normal collection services on current and overdue Civic Center and Auditorium -Coliseum accounts which the City desires handled by a collection Agency. Civic Center and Auditorium -Coliseum accounts consist mainly of rent accounts. The agency will also collect on overdue accounts for Civic Lubbock, Inc. (CLI), a component unit of the City. These accounts consist mainly of food, beverage, and contracted labor charges that are incurred as additional charges for rental of events at City facilities. ii All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address, and phone number. FA iii The Agency shall keep separate records for City accounts and CLI accounts. The Agency shall remit to the City the gross amount of all monies received on City and CLI accounts once per week. The Agency may bill the City monthly. All fees will be on a contingency fee basis. The Agency shall honor requests by the City to withdraw accounts from collection. Once an account has been turned back over to the City, the Agency is relieved of all responsibility and rights of collection and monies received on an account that has been withdrawn will be forwarded to the City within 3 days. The Agency shall notify the City of any legal expense prior to incurring such expense. No legal action shall be taken without written approval from the Executive Director of Finance. Account Information shall be made available to City personnel upon request. n Exhibit B a. Rate Schedule Account collection (unit price per account) Lubbock Power & LiAt 19.5% contingency fee Water & Sewer Pro -rata 9% contingency fee Paving 9% contingency fee Auditorium/Coliseum/Civic Lubbock Inc. 9% contingency fee Exhibit C Financial Collection Services Insurance SECTION A. Prior to the approval of this contract by the City, the Contractor shall furnish a completed Insurance Certificate to the City, which shall be completed by an agent authorized to bind the named underwriter(s) to the coverages, limits, and termination provisions shown thereon, and which shall furnish and contain all required information referenced or indicated thereon. THE CITY SHALL HAVE NO DUTY TO PAY OR PERFORM UNDER THIS CONTRACT UNTIL SUCH CERTIFICATE SHALL HAVE BEEN DELIVERED TO THE CITY. INSURANCE COVERAGE REQUIRED SECTION B. The City reserves the right to review the insurance requirements of this section during the effective period of the contract and to require adjustment of insurance coverages and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decisions, or the claims history of the industry as well as the Contractor. SECTION C. Subject to the Contractor's right to maintain reasonable deductibles in such amounts as are approved by the City, the Contractor shall obtain and maintain in full force and effect for the duration of this contract, and any extension hereof, at Contractor's sole expense, insurance coverage written by companies approved by the State of Texas and acceptable to the City, in the following type(s) and amount(s): Worker's Compensation - The Contractor shall elect to obtain worker's compensation coverage pursuant to Section 406.002 of the Texas Labor Code. Further, Contractor shall maintain said coverage throughout the term of this Contract and shall comply with all provisions of Title 5 of the Texas Labor Code to ensure that the Contractor maintains said coverage. Any termination of worker's compensation insurance coverage by contractor or any cancellation or non -renewal of worker's compensation insurance coverage for the Contractor shall be a material breach of this Contract. The contractor may maintain Occupational Accident and Disability Insurance in lieu of Workers' Compensation. In either event, the policy must be endorsed to include a wavier of subrogation in favor of the CITY OF LUBBOCK. The Contractor shall also provide to the CITY OF LUBBOCK proof of Employers' Liability in an amount no less than $500,000. For the following insurance, the City shall be listed as additional insured on a primary and non- contributory basis and shall be granted a waiver of subrogation under those policies. The Contractor shall provide a Certificate of Insurance to the City as evidence of coverage. The Certificate shall provide 30 days notice of cancellation. A copy of the additional insured endorsement and waiver of subrogation attached to the policy will be included in the Certificate. Commercial General (public) Liability insurance including coverage for the following: a. Premises operations Combined single limit for b. Independent contractors bodily injury and property c. Products/completed operations damage of $1,000,000 per d. Personal injury occurrence or its equivalent. 10 Other Crime, Employee Dishonesty $1,000,000 ADDITIONAL POLICY ENDORSEMENTS The City shall be entitled, upon request, and without expense, to receive copies of the policies and all endorsements thereto and may make any reasonable request for deletion, revision, or modification of particular policy terms, conditions, limitations, or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any of such policies). Upon such request by the City, the Contractor shall exercise reasonable efforts to accomplish such changes in policy coverages, and shall pay the cost thereof. REQUIRED PROVISIONS The Contractor agrees that with respect to the above required insurance, all insurance contracts and certificate(s) of insurance will contain and state, in writing, on the certificate or its attachment, the following required provisions: a. Name the City of Lubbock and its officers, employees, and elected representatives as primary additional insureds, (as the interest of each insured may appear) as to all applicable coverage; b. Provide for 30 days notice to the City for cancellation, nonrenewal, or material change; c. Provide for notice to the City at the address shown below by registered mail; d. The Contractor agrees to waive subrogation against the City of Lubbock, its officers, employees, and elected representatives for injuries, including death, property damage, or any other loss to the extent same may be covered by the proceeds of insurance; e. Provide that all provisions of this contract concerning liability, duty, and standard of care together with the indemnification provision, shall be underwritten by contractual liability coverage sufficient to include such obligations within applicable policies. NOTICES The Contractor shall notify the City in the event of any change in coverage and shall give such notices not less than 30 days prior the change, which notice must be accompanied by a replacement CERTIFICATE OF INSURANCE. All notices shall be given to the City at the following address: Marta Alvarez- Purchasing Manager City of Lubbock 1625 13fl' Street, Room L04 Lubbock, Texas 79401 SECTION D. Approval, disapproval, or failure to act by the City regarding any insurance supplied by the Contractor shall not relieve the Contractor of full responsibility or liability for damages and accidents as set forth in the contract documents. Neither shall the bankruptcy, insolvency, or denial of liability by the insurance company exonerate the Contractor from liability. 11