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HomeMy WebLinkAboutResolution - 2003-R0337 - Contract For Financial Collection Services - Collectech Diversified, Inc. - 08/28/2003 (2)Resolution No. 2003—RO337 August 28, 2003 Item No. 46 RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock, a Contract for financial collection services, RFP 4111-03/DC, by and between the City of Lubbock and Collectech Diversified, Inc., dba CDI of Lubbock, Texas, 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 this 28th day of August , 2003. MAYOR ATTEST: (la -4 -AD -e .4 a n��q' , Rebecca Garza, City Secretary APPROVED AS TO CONTENT: Victor Kilm n, Purchasing Manager APPROVED AS TO FORM: Jo fight, Ass' t City ttorney gs/ccdocs/res-Contract-Collectech Diversified Inc.res Aug. 15, 2003 Resolution No. 2003-RO337 August 28, 2003 Item No. 46 AGREEMENT FOR FINANCIAL COLLECTION SERVICES THIS AGREEMENT entered into this day by and between the City of Lubbock, hereinafter called "City" and Collectech Diversified, Inc., dba CDI, hereinafter called "Corporation" WITNESSETH WHEREAS, the City may have checks and accounts which it may desire Corporation to collect from time to time, and whereas, Corporation is qualified to collect such unpaid checks and uncollected accounts as may be referred by City; and NOW THEREFORE, the City and the Corporation mutually agree as follows: 1. Corporation agrees to collect insufficient funds checks as follows: Checks with insufficient funds shall be forwarded from the City's depository bank, and the amount of the insufficient checks shall be charged back by the bank against the City of Lubbock Clearing Fund Bank Account. The City of Lubbock will communicate to Corporation the total amount of insufficient checks returned to City, weekly. At that time, the Corporation will remit to City an advance of collections on those insufficient checks. As collections are made, the Corporation will remit to City the City's portion of the service charge on collected insufficient ($8.00) of $25 per collected, or ($10.00) of $30 per collected insufficient check, weekly. The final payment for each month shall be remitted to the City no later than the second business day following the close of the month. Any check and service charge remains uncollected on the 45`h day following the Corporation's receipt of the check from the City's depository bank will be forwarded promptly to the City, and the Corporation is relieved of all responsibility and rights of collection of the face amount and service charge. On a weekly basis, the City will remit to Corporation, an amount equal to reimbursement of advance collections of those uncollectable checks. If the Corporation receives monies on the check following the return of the check to the City, the Corporation shall forward all monies received for check and service charge to the City within three days. All fees are on a contingency basis. Lubbock Power and Light (LP&L) will have first right of collection on all checks and drafts remitted to LP&L. LP&L will send an LP&L employee to the Corporation on a daily basis and pull any checks which will be classified as unworkable to the Corporation. No service charge will be assigned to unworkable checks. Advance payment on checks and/or drafts will be classified as unworkable to the Corporation will be reimbursed to Corporation by City on a weekly basis. 2. Corporation agrees to perform collections on all items other than insufficient checks as specified in Exhibit A, attached hereto, and made a part of this Agreement. 3. The term of this Agreement shall be three (3) years, commencing on September 1, 2003 and ending on August 30, 2006. 4. Corporation shall keep full and complete records of its progress in a form agreeable to the City, which form shall be approved by City prior to commencement of collection activities and shall make such records available to City or City Internal Auditor, if requested to do so by the City. 5. Corporation shall not assign any interest in this Agreement and shall not transfer any interest in the Agreement, whatsoever, without prior consent of the City. 6. Corporation shall save and hold harmless the City from all suits, actions or claims brought on account of any activities engaged in by Corporation pursuant to this agreement. 7. City shall assist Corporation by making available to Corporation all records and data on file that will assist Corporation in the discharge of it's duties under this Agreement. 8. If the Corporation is not successful in collection items referred for collection by the forty-fifth (45) day, the items will be forwarded to the City and the Corporation relinquishes all rights to collection and service charges. 9. Once a week the Corporation shall remit two checks to the City. One check will be the net amount of service charges collected, less the collection charge, for insufficient check collections. The second check will be any and all collections for items other than insufficient checks. 10. Corporation agrees that it will comply with all laws pertaining to collections of this nature, both federal and state. 11. This agreement may be terminated by either party during its course by delivery upon thirty (30) days written notice of such notice to the other party at the following addresses: CITY OF LUBBOCK P.O. BOX 2000 1625 13Tx LUBBOCK, TX 79457 EXECUTED THIS 28th ATTEST Cify Secretary APPROVED AS TO FORM: TY ATTORNEY COLLECTECH DIVERSIFIED, INC. P.O. BOX 12027 LUBBOCK, TX 79452 day of August , 2003 Resolution';No. 2003-RO337 Account Collection and Rate Schedule ACCOUNT COLLECTION 1. LP&L Accounts a. 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 2 months old. All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address, and phone number. The director of Financial Services or authorized designee must approve all written communications. Current volume consists of approximately 520 overdue LP&L accounts per month with an average of $185 per account. If the collection rate falls below 10% during any 2 consecutive months, the agreement may be terminated. b. 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 from LP&L. c. 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. d. 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 Director of Financial Services or authorized designee. Account information shall be made available to LP&L personnel upon request. e. LP&L will provide data on accounts to be collected via DOS ASCII filed on a 3-1/2 high density diskette. Collection payment information is to be returned to LP&L via the same medium and format. This is a strict requirement for award of contract. No other medium or format will be accepted. All fees are on a contingency basis. 2. Water, Sewer Pro -Rats and Paving Accounts — Accounting a. The Agency will perform all normal collection services on current and overdue water and sewer pro-rata accounts. Current volume is approximately 200 accounts averaging $273. 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 Managing Director for Financial Services must approve all written communications. Water and sewer pro -rats accounts are considered delinquent on the 10t` day following the due date. b. 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. 3. Water and Sewer Taus — Water Utilities Ensineerins a. The Agency will perform all normal collection services on overdue water and sewer tap accounts on a continuous basis. An overdue account is a monthly billing which has not been paid within 2 months. All written collection procedures shall be prepared under Agency's letterhead, name, mailing address, physical address, and phone number. The Director of Financial Services must approve all written communications. Current volume is minimal with balances of $304 and up. If the collection rate falls below 10% during any 2 consecutive months, the agreement may be terminated. b. The Agency shall remit to the City the gross amount of all monies received once per month. The Agency will bill the City monthly. c. 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. d. 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 Director of Financial Services. Account information shall be made available to City personnel upon request. e. Any account which remains uncollected on the 90t' day following the Agency's receipt of the account from the City will be returned promptly to the City. All correspondence related to collection efforts must be returned to the City. These documents will include: (a). Copies of letters sent. (b). Copies of letters returned. (c). Notes of response by telephone. 4. Civic Center/Auditorium-Coliseum a. The Agency will perform all normal collection services on current and overdue Civic Center and Auditorium -Coliseum accounts which the City desires handled by the collection Agency. Civic Center and Auditorium -Coliseum accounts consist mainly of rent accounts. b. All written collection procedures shall be prepared under the Agency's letterhead, name, mailing address, physical address, and phone number. The Director of Financial Services may approve all written communications. c. The Agency shall remit to the City the gross amount of all monies received on City accounts once per month. 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 Director of Financial Services. Account information shall be made available to City personnel upon request. 5. RATE SCHEDULE Account Collection: Lubbock Power & Light 28% contingency fee Water & Sewer Pro-rata 10% contingency fee Water & Sewer Taps 10% contingency fee Auditorium/Coliseum 10% contingency fee Home Improvement/Mortgage Loans 10% contingency fee Paving assessments 10% contingency fee Check Collection (unit price per check) $17.00 retained from collected $25.00 service charge (no contingency fee) Effective until September 10, 2003. $20.00 retained from collected $30.00 service charge (no contingency fee) Effective after September 156', 2003.