HomeMy WebLinkAboutResolution - 2733 - Agreement - Check Systems - Collections - 01/28/1988JCR:js
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Resolution #2733
January 28, 1988
Item 33
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 Professional
Services Agreement by and between the City of Lubbock and Check Systems for
the collection of unpaid checks, attached herewith, which shall be spread
upon the minutes of the Council and as spread upon the minutes of this Coun-
cil shall constitute and be a part of this Resolution as if fully copied
herein in detail.
Passed by the City Council this 28th
ATTEST:
anette Boyd, City Secretary
APPROVED AS TO CONTENT:
A_4��W�4z�_
Robert Massengale, Assistant City
Manager for Financial Services
APPROVED AS TO FORM:
C. 64, -�
Vo n C. Ross, Jr., City Attorney
day of January , 1988.
C
z
B. C. McMIN , MAYOR
10
Resolution #2733
THE STATE OF TEXAS
§ PROFESSIONAL SERVICES AGREEMENT
COUNTY OF LUBBOCK
THIS AGREEMENT entered into this day by and between the City
of Lubbock, hereinafter called "City," and Check Systems, herein-
after called "Corporation;"
WITNESSETH:
WHEREAS, the City may have checks which it may desire Corpora-
tion to collect from time to time, and whereas, Corporation is
qualified to collect such unpaid checks as may be referred by City;
and
NOW THEREFORE, the City and the Corporation mutually agree as
follows:
1. Corporation agrees to perform collection on insuffi-
cient funds checks upon the terms stated in Exhibit "A", which
are attached herewith and made a part hereof for all purposes.
2. The term of this Agreement shall be two (2) years
commencing on February 1, 1988 and ending on January 31, 1990.
3. The Corporation shall keep full and complete records
of its progress in a form agreeable to City, which form shall
be approved by City prior to commencement of collection activ-
ities.
4. Corporation shall not assign any interest in this
Agreement and shall not transfer any interest in this Agree-
ment, whatsoever, without prior consent of the City.
5. 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 Agree-
ment.
6. City shall assist Corporation by making available to
Corporation all records and dates on file that will assist
Corporation in the discharge of its duties under this Agree-
ment.
7. Corporation agrees that it will comply with all laws
pertaining to collections of this nature, both federal and
state.
8. This Agreement may be terminated by either party
during its course by delivery of thirty (30) days written no-
tice of intent to the other party at the following addresses:
CITY OF LUBBOCK CHECK SYSTEMS
P.O. Box 2000 2603 Boston
Lubbock, Texas 79457 P.O. Box 12050
Lubbock, Texas 79452
EXECUTED this 28th day of January , 1988.
CITY OF LUBBOCK:
� a
r r
. C. McM , MAYOR
ATTEST:
Rane a Boyd, City Sec et ry
APPROVED AS TO CONTENT:
& ' i�:� �r:" AA
Robert Massengal , Assistant
City Manager for Financial
Services
APPROVED AS TO FORM:
G
hn C. Ross, J ., City
ttorney
- 2 -
CHECK SYSfI`EMS :
GENERAL
ATTEST: (/
112,
Secretary
a
CITY OF LUBBOCK
REQUEST FOR PROPOSAL FOR FINANCIAL COLLECTION SERVICES
RFP #9260
The City of Lubbock is requesting proposals for financial collec-
tion services from Account Collection Agencies located within the
Lubbock city limits.
1. Sealed Proposals
Responses to this request for proposals (RFP) should
be submitted in a sealed envelope no later than
2:OO p.m., January 15. 1988, clearly identified as
"Proposal for Financial Collection Services", and
mailed (or delivered) to:
Gene Eads, C.P.M.
Purchasing Manager
1625 13th Street, Room L04
Lubbock, Texas 79401
2. Responses
All responses must be presented on the standardized
"Financial Collection Services Response Form" which
has been provided. The city's decision will primarily
be based on a comparison of the standardized proposal
forms received and accompanying information. The City
reserves the right to reject any and all proposals, or
to informally negotiate certain points of the final
contract with a qualified agency.
3. Questions and Additional Information
A proposal.conference will be held in the Municipal
Building Committee Room at 10:00 a.m., January 6.
1988. At that time, all prospective agencies are
invited to request clarification or any additional in-
formation necessary to the preparation of their indi-
vidual responses. Telephone questions to individuals
within the City are not encouraged, but will be per-
mitted, with the explicit proviso that any responses
thus obtained are not binding on the proposal process
or upon the award of the contract.
4. Schedules
1-6-88 Proposal Conference 10:00 a.m., Room 103
Municipal Building, Committee Room.
1-15-88 All proposals must be in the hands of the
City Purchasing Department no later than
2:00 p.m.
1-28-88 The City Council will consider the award
of the contract.
2-1-88 Anticipated implementation date for con-
tract.
5. Selection Criteria
The following criteria will be used to evaluate pro-
posal responses and to make a recommendation for award
to the City Council:
a. The completeness of the -response to all
required items on the standardized pro-
posal forms.
b. The proposed cost of collection services.
C. The physical convenience of City
Officials.
d. The experience and continuity of the col-
lection Agency personnel who are identi-
fied as primary contact personnel.
SCOPE OF SERVICES
1. The City currently has approximately 230 uncollectable
checks per month to be collected by a Collection agency..
The returned checks are forwarded to the collection agency
direct from the City's depository bank. The agency will
-2-
collect the face amount of the check plus an approved ser-
vice charge which is added by the City. The agency will
service checks referred by City at the approved rate, per
check collected. In the event said service charge is not
collected, there will be no charge to City on face amount of
check collected. The agency will remit to City the total
amount collected once a week. 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. Payments
shall consist of two checks. One check will be the face
amount of the checks collected. The second check shall be
the net amount of the service charges collected less the
collection charge.
Any check and service charge which remains uncollected on
the 45th day following the agency's receipt of the check
from the City's depository bank will be forwarded promptly
to City, and the agency is relieved of all responsibility
and rights of collection of the face amount and the service
charge. If the agency collects on the check during the 30 -
day period following the return of the check to the City,
the agency shall have the right to retrieve the check from
the City and all responsibilities and rights of collection
will be restored to the agency.
Lubbock Power and Light (LP&L) will have first right of col-
lection on all checks and drafts remitted to LP&L. LP&L
will send an LP&L employee to the Collection Agency on a
daily basis and pull some checks and drafts which will be
classified as unworkable to the agency. No service charge
will be assigned to unworkable checks.
On the 3rd business day following the end of the month, the
agency will furnish the City with the following monthly re-
ports.
1. The report of checks in process of collection at
beginning of month.
2. The report of checks received from the bank dur-
ing the month.
3. The report of checks returned to City as uncol-
lectable'during the month.
-3
4. The report of the checks returned to the City as
unworkable during the month.
5. The report of service charge collected during
the month.
6. The report of checks collected during the month.
7. The report of checks in process.of collections
at end of month.
In addition to the monthly reports, several reports are re-
quired daily or whenever applicable. These include:
1. The report of checks received from the bank.
This report should reconcile to the bank charge
back slip.
2. The report of the checks returned to the City as
unworkable.
The agency will notify City and recommend legal action when
necessary to affect collection on any specific check. Ap-
propriate fee to be paid to the agency will be negotiated on
a one to one basis. No legal action will be taken without
written approval of the City.
2. The collection 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 ap-
proximately two (2) months old. There are approximately 700
overdue LP&L accounts per month with an average of $215.00.
If the collection rate falls below 10% during any two (2)
consecutive months, the agreement may be terminated follow-
ing which a new agreement must be negotiated.
The collection agency shall remit to the City the gross
amount of all monies received on City accounts within five
(5) working days after the last day of the month. The
agency will bill the City for any fee due the agency on reg-
ular monthly statements at the approved rate. The collec-
tion agency shall honor requests by the City to withdraw
accounts from collection upon the City's request. Once an
account has been turned back over to the City, the agency is
relieved of all responsibility and rights of collection.
-4-
The collection agency .shall notify LP&L of any account legal
expense prior to paying such expense. Account information
will be made available to LP&L personnel upon re.quest.
LP&L will provide data on accounts to be collected via stan-
dard EBC DIC 1600 BPI magnetic tape in IBM standard level
format. Collection payment information is to be returned to
LUL via the same medium and format.
3. The collection agency will perform all normal collection
services on current and overdue weed mowing charges. The
weed mowing charges average $40.00 each and there are ap-
proximately 2,000 per year. Current account collection
shall consist of a ten (10) day letter statement and a
twenty (20) day collection letter. The twenty (20) day col-
lection letter shall be sent by certified mail return re-
ceipt requested. All current collection procedures will be
done under City of Lubbock letterhead and the Assistant City
Manager for Financial Services must approve all form let-
ters.
Any account which remains uncollected on the 60th day fol-
lowing the agency's receipt of the account from the City
staff will be returned promptly to the City. All correspon-
dence which is vital to the City's ability to file liens on
the property must be returned to the City. These documents
will include:
Copies of Letters Sent
Copies of Letters Returned
Notes of Response by Telephone
Returned Receipts for Certified Mail (Green Cards)
Account information will be made available to City personnel
upon request.
The collection agency shall remit to the appropriate city
department the gross amount of all monies received on City
accounts within 5 working days after the last day of each
month. Each payment must identify the amount applicable to
Community Development and the amount applicable to the City
General Fund. 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
City's request. 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 collects on the
account during the 30 -day period following the return of the
account to the City, all responsibilities and rights of col-
lection will be restored to the agency.
The collection agency shall notify the City of any account
legal expense prior to incurring such expense.
4. The collection agency will perform all normal collection
services on current and overdue paving assessments. There
are approximately 1,000 Paving Assessment accounts averaging
approximately $1,000 each set up on yearly installments.
The installment billing shall consist of a statement sent at
least thirty (30) days prior to the due date. All collec-
tion procedures will be done under City of Lubbock letter-
head and the Assistant City Manager for Financial Services
must approve all form letters. Paving assessment accounts
are considered delinquent on the 31st day following the due
date.
The collection agency shall remit to the appropriate City
department the gross amount of all monies received on city
accounts within five (5) working days after the last day of
each 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 upon the
City's request. 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 collects on the
account during the thirty (30) day period following the re-
turn of the account to the City, all responsibilities and
rights of collection will be restored to the agency.
-6-
5. The collection agency will perform all normal collection
services on other current and overdue accounts which the
City desires handled by a collection agency. Some examples
of these accounts would include but not be limited to the
following:
Paving Assessments
Water and Sewer Pro Rata
Grave Site Purchases Accounts Receivable
Civic Center Accounts Receivable
Any account which remains uncollected on the 60th day
following the agency's receipt of the account from the City
staff will be returned promptly to the City. All correspon-
dence which is vital to the City's ability to file liens on
the property must be returned to the City. These documents
will include:
Copies of Letters Sent
Copies of Letters Returned
Notes of Response by Telephone
All current collection procedures will be done under City of
Lubbock letterhead and the Assistant City Manager for finan-
cial Services must approve all form letters.
The collection agency shall remit to the appropriate City
department the gross amount of all monies received on City
accounts within 5 working days after the last day of each
month. The agency will bill the City for any fee due the
agency on regular monthly statements. All fees will be on a
contingency fee basis. The agency shall honor requests by
the City to withdraw accounts from collection upon the
City's request. Once an account has been turned back over
to the City, the agency is relieved of all responsibility
and rights of collection. The collection agency shall no-
tify the City of any account legal expense prior to incur-
ring such expense. Account information will be made avail -
.able to City personnel upon request.
6. The collection agency shall procure, pay for, and maintain
during the term of the contract, with a company authorized
to do business in the State of Texas and acceptable to the
City, the following minimum insurance coverage listed below.
-7-
11
Substantial compliance on insurance coverage will be consid-
ered acceptable.
(1) Worker's Compensation with liability limits of not
Tess than $100,000.
(2) Comprehensive Automobile Liability covering liability
on owned or hired automobile with minimum limits of
$250,000/$500,000 bodily injury and $100,000 property
damage.
(3) Comprehensive General Liability with limits of not
less than $500,000 bodily injury per occurrence and
$100,000 property damage per occurrence.
(4) $1,000,000 Umbrella Liability Coverage - such coverage
should follow the form of underlying coverage.
(5) Professional Liability Insurance including errors and
omissions with minimum aggregate limits of $1,000,000
per occurrence.
(6) Blanket Crime Insurance with limits of not less than
$5,000 for loss of money or securities due to dishon-
esty of employees, robbery, or theft, counterfeit
paper or currency, or forgery of outgoing instruments.
In addition, a separate policy with limits of not less
than $145,000 which covers employee infidelity and de-
positors forgery.
(7) Valuable Papers which cover loss or destruction of
valuable papers, notes, and records at the premises,
in transit, and temporarily at the premises of others
with limits of not less than $200,000.
7. The City reserves the right to enter into contractual agree-
ments with the agencies presenting the lowest cost in each
area of service. Each agency will be asked to sign a con-
tractual agreement prior to the presentation to City
Council
8. The City will enter into a signed contractual agreement with
the collection agency selected for a period of two years,
with an explicit right to renew the contract for one addi-
tional one-year extension. This agreement may be terminated
by either party during its course by delivery of thirty (30)
days written notice of intent to the other party.
d a
RFP I
Addendum 11 to Request for Financial Collection Services
Please change the following Items on the Request for Proposals for
Financial Collection Services:
Page 3, Item 11, Paragraph 12, Sentence 92. Delete the entire sen-
tence. The paragraph will read as follows:
Any check and service charge which remains un-
collected on the 45th day following the agency's
receipt of the check from the City's depository
bank will be forwarded promptly to City, and the
agency is relieved of all responsibility and
rights of collection of the face amount and the
service charge.
Page 5, Item 12, Paragraph 14. This is a strict requirement for
award of the contract. No other medium or format will be
acceptable.
Page 5, Item 03, Paragraph 11. The address and phone number on
all form letters will be that of -the agency's not the City's.
Page 5, Item 13, Paragraph 92. Approximately 15% of the weed -
mowing accounts are collected during the 60 -day collection period.
Page 5, Item 13, Paragraph 12. The copies of letters sent and
copies of letters returned must be carbon copies or reproductions.
Page 6, Item 14, Paragraph 11. The paving assessments are once a
year installment payments. The agency must keep the appropriate
City staff advised of any and all payment terms agreed upon by the
agency and the payee.
Page 7, Item 15, Paragraph 11. The Civic Center Accounts
Receivable consist mainly of catering accounts.
FINANCIAL COLLECTION SERVICES RESPONSE FORM
Agency Name:
Official Submitting (typed):
Official Signature:
Title of Official:
Telephone Number:
1. Rate Schedule:
Check Collection - unit price per check
Account Collection: Lubbock Power & Light
1. -- Current Accounts - 30 days or less _
$
2. Accounts - 31 - 60 days
$
61 - 120 days
$
121 - 180 days
181 - year
$
1 year - 18 months
$
Over 18 months
$
Account Collection: Weed Mowing
unit price per account
$
Account Collection: Water & Sewer Pro Rata
1. Current Accounts - 30 days
$
2. Delinquent Accounts -
31 - 395 days
Over 395 days
Account Collection: Lot Purchases - Accounts Receivable
1. Current Accounts - 30 days or less
$
2. Accounts - 31 - 60 days
61 - 120 days
121 - 180 days
181 - year
1 year - 18 months
$
Over 18 months
FINANCIAL COLLECTION SERVICES RESPONSE FORM
Page 2
Account Collection: Paving Assessments ,
Installment Billings
Current Accounts (Less than 31
days overdue) %
Delinquent Accounts
31 to 395 days g
Over 395 days %
Civic Center: Accounts Receivable
Current Accounts (Less than 31
days overdue) %
Delinquent Accounts
31 to 395 days g
Over 395 days %
Additional Information Req; it d• (Please attach additional information
to this response form).
1. A detailed account of past history as a Collection Agency and
include any information on similar accounts your agency handles.
2. A clearly defined outline of all collection procedures.
3. A list of key personnel of the Agency, a Job description, and a
brief summary of their professional experience.
4. All pertinent agency information, i.e. - annual financial reports
of the agency and insurance information.
5. All pertinent bonding information.
a
CHECK SYSTEMS
106) 747-4487
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
January 15, 1988
Addendum To Bid For Financial Collection
Services
Manager
ag this bid was started in Lubbock in 1980
--omputerized check verification and collection
Since starting business in November 1980, we
now servicing approximately 900 merchants in
sll as extending to other areas of West Texas
l our office in Albuquerque. The officers of
Ld R. Terryi President; Paul Cooper, Vice -
z Terry, Sec. Treas. The Terry's have in excess
experience which included owning and operating
i Lubbock for collection of accounts for a
up of David R. Terry, an office manager, and
io handle collections, notices, and the phones.
>rs for calling on checks due, with over 30
We, also, have three sales and service repre-
our accounts. All of our employees are
type business and are familiar with the Federal
?ractices Act under which we are governed.
ire is as follows:
-rectly to our office from your bank
• P.O. BOX 12050 0 LUBBOCK, TEXAS 79452 r
CHECK SYSTEMS
106) 747-4487
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
Page 2
Collection Procedures Continued:
unched into system
ps the check writer from writing checks to
ur subscribing merchants.
check writer is entered, all merchants on
em become collectors by not accepting checks
until he!.does not have any outstanding checks.
is sent first notice that he has a check in
n acknowledgement with your bank charge back
we have received the check in our office.
ally filed
lectors begin calling; Giving a courtesy call.
Lections begin and are called at least twice
mailed to check writer
Lections
with copy of Texas "HOT CHECK" law mailed
Lections
Lections become more strict as to when payment
re attempted for a 45 day period, then checks
to City and LP&L.
• P.O. BOX 12050 • LUBBOCK, TEXAS 79452 r
CHECK SYSTEMS
106) 747-4487
A COMPUTERIZED CHECK VERIFICATION AND COLLECTION SERVICE.
Page 3
ince requirements are being met and will
I of Bid.
uncial statement of our year end.
• P.O. BOX 12050 • LUBBOCK, TEXAS 79452
FINANCIAL COLLECTION SERVICES RESPONSE FORM
Agency Name:
Official Submitting (typed):
Official Signature:
Title of Official:
Telephone Number:
1. Rate Schedule:
CHECK SYSTEMS
DAVID TER Y
PRESIDENT
-_ (806)747-4488
Check Collection - unit price per check $9.50
Account Collection: Lubbock Power & Light
1. Current Accounts 30 days, N/A %
or less
-2. Accounts
- 31- 60 days
N/A
%
61-120 days
N/A
121-180 days
%
_NLA
181 -year
NIA
%
1 year -18 months
N/A
%
Over 18 months _N/A
%
-' Account
Collection:
Weed Mowing
Account
Collection -
Unit Price Per
Account
N/A
Account
Collection:
Water & Sewer Pro Rata
I.
Current Accounts - 30 days
N/A
%
or less
2.
Accounts
- 31- 60 days
N/A
%
61-120 days
N/A
%
121-180 days
N/A
%
181 -year
N/A
%
1 year -18 months
N/A
%
Over 18 months
N/A
�
Financial Collection Services Response Form,
Page 2
Account Collection: Lot Purchases -Accounts Receivable
1. Current Accounts - 30 days
N/A
%
or less
2. Accounts - 31- 60 days
N
/A
%
61-120 days
N
/A
%
121-180 days
_ N
/A
%
181 -year
_ N/A
%
1 year -18 months
N/A
%
Over 18 months
N/A
%
Account Collection: Paving Assessments
Installment Billings
Current Accounts (Less
N/A
%
than 31 days overdue)
Delinquent Accounts.
31 to 395 days
u/A
%
Over 395 days
N/A
%
Civic Center: Accounts Receivable
Current Accounts (Less
N/A
%
than 31 days overdue)
Delinquent Accounts
31 to 395 days
N/A
%
Over 395 days
N/A
%
Additional Information Required: (Please attach additional
information to this response form).
1. A detailed account of past history as a
Collection
Agency
and include any information on similar accounts
your agency
handles.
2. A clearly defined outline of all collection procedures.
3. A list of key personnel of the Agency, a job description,
and a brief.summary of their professional experience.
4.' All pertinent agency information, i.e. - annual financial
reports of the agency and insurance information.
5. All pertinent bonding information.
W, 5TRIPLE John Russell & Associates
CHECK
5/45 - 69th Street
t.uhhock. Texas 79424
INCOME TAX SERVICE Telephone 806: 794-3848
To the Board of Directors
and Corporate Officers of
Verification Systems, Inc.
Lubbock, Texas
We have prepared the accompanying balance sheet of:
Check Systems of Lubbock
As of August 31, 1887
and the related statement of income, for the period then.
ended under the tax accounting principles of the Internal
Revenue Code, Rules and Regulations.
Our preparation is limited to presenting, in the form of a
financial statement, information that is the representation
of management. We have not undertaken to analyze
conventional conformity or ascertain substantial conformity
of the accompanying financial statement to the tax accounting
Principles of the Internal Revenue Code, Rules and
Regulations and, accordingly, do not express an opinion or
any form of assurance on it.
We have omitted substantially all of the disclosures
regarding the underlying tax accounting principles of the
Internal Revenue Code, Rules and Regulations under which this
statement was prepared. If the omitted disclosures were
included in the financial statement, they might influence the
user's conclusions about the company's financial position,
results of operations, changes in financial position and tax
liability. Accordingly, this financial statement is not
designed for those who are not informed about such matters.
ahn Russell
Each office independently owned and operated
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