HomeMy WebLinkAboutFinancial Credit Network, Inc. - 2015-10-16AMENDMENT NO. I TO PROFESSIONAL SERVICES CONTRACT
BETWEEN THE CITY OF HUNTINGTON BEACH AND
FINANCIAL CREDIT NETWORK, INC.
FOR
COLLECTION AND REPORTING SERVICES
THIS AMENDMENT is made and entered into by and between the CITY OF
HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as
"CITY," and FINANCIAL CREDIT NETWORK, INC., a California limited liability
company, hereinafter referred to as "CONSULTANT."
WHEREAS, CITY and CONSULTANT are parties to that certain agreement,
dated October 16, 2015, entitled "SERVICE AGREEMENT BETWEEN THE CITY OF
HUNTINGTON BEACH AND FINANCIAL CREDIT NETWORK, INC. FOR
COLLECTION AND CREDIT REPORTING SERVICES, which agreement shall
hereinafter be referred to as the "Original Agreement," and
CITY and CONSULTANT wish to amend the Original Agreement to reflect the
additional work to be performed by CONSULTANT and the additional compensation to
be paid in consideration thereof by CITY to CONSULTANT,
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
EXTENSION OF TERM
The term of the Agreement is hereby extended for two (2) additional
years. The Agreement shall now expire on October 16, 2020.
2. REAFFIRMATION
Except as specifically modified herein, all other terms and conditions of
the Original Agreement shall remain in full force and effect.
18-6880/188380
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
executed by their authorized officers on f2e7hb 20
FINANCIAL CREDIT NETWORK, INC.,
By: a�� —
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IT • ircle one) Chairman/President/Vice
President
AND
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
California
—4M ager
INITIATED AND APPROVED:
ij"al Officer
print name
ITS: (circle one) Secretary/Chief Financial APPROVED /FORM:
Officer/Asst. Secretary - Treasurer
Attorney'
2
18-6880/198380
RECEIVED
2016 JAN 22 AN 11: *RVICE AGREEMENT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
C 1 T Y C L L R K FINANCL4L CREDIT NETWORK, INC.
HUNTINGTO� Bl r'-r�, FOR
COLLECTION AND CREDIT REPORTING SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach a municipal corporation of the State of California, hereinafter called "City," and
Financial Credit Network, Inc., a corporation hereinafter referred to as "Contractor."
Recitals
A The City desires to retain a Contractor having special skill and knowledge in the field of
collection of delinquent account receivables and reporting to credit agencies.
B Contractor represents that Contractor is able and willing to provide such services to the
City.
C In undertaking the performance of this Agreement, Contractor represents that It is
knowledgeable in its field and that any services performed by Contractor under this
Agreement will be performed in compliance with such standards as may reasonably be
expected from a comparable company or firm in the field.
Contractor has been selected to perform these services pursuant to Huntington Beach
Municipal Code Chapter 3 02,
NOW, THEREFORE, it is agreed by City and Contractor as follows-
1. Scope of Services
Contractor shall provide all services as described in Exhibit "A," which is attached hereto
and incorporated into this Agreement by this reference. These services shall sometimes hereinafter
be referred to as the "Project."
Contractor hereby designates Kris Davisson who shall represent it and be its sole contact
and agent in all consultations with City during the performance of this Agreement.
2. City Staff Assistance
City shall assign a staff coordinator to work directly with Contractor in the performance of
this Agreement.
3. Compensation
In consideration of the performance of these services described therein, CITY agrees to pay
CONTRACTOR on a time and material basis at the rates specified in Exhibit "B", which is attached
4. Term
Time is of the essence of this Agreement. The services of Contractor are to commence as
soon as practicable after the execution of this Agreement by City (the `'Commencement Date") and
terminate three (3) years unless terminated earlier in accordance with the provisions of this
Agreement. All tasks specified in Exhibit "A" shall be completed no later than three (3) years years
working days from the Commencement Date. The time for performance of the tasks identified in
Exhibit "A" are generally to be shown in Exhibit "A " This schedule and Term may be amended to
benefit the Project if mutually agreed to in writing by City and Contractor.
In the event the Commencement Date precedes the Effective Date, Contractor shall be
bound by all terms and conditions as provided herein
5. Extra Work
In the event City requires additional services not included in Exhibit "A" or changes in the
scope of services described in Exhibit "A," Contractor will undertake such work only after
receiving written authorization from City. Additional compensation for such extra work shall be
allowed only if the prior written approval of City is obtained.
6. Disposition of Plans, Estimates and Other Documents
Contractor agrees that title to all materials prepared hereunder, including, without limitation,
all original drawings, designs, reports, both field and office notices, calculations computer code,
language, data or programs, maps, memoranda, letters and other documents, shall belong to City,
and Contractor shall turn these materials over to City upon expiration or termination of this
Agreement or upon Project completion, whichever shall occur first. These materials may be used by
City as it sees fit.
7. Hold Harmless
Contractor hereby agrees to protect, defend, indemnify and hold harmless City, its officers.
elected or appointed officials, employees, agents, and volunteers from and against any and all,
claims, damages, losses, expenses, judgments, demands and defense costs, and consequential
damage or liability of any kind or nature, however caused, including those resulting from death or
injury to Contractor's employees and damage to Contractor's property, arising directly or indirectly
out of the obligations or operations herein undertaken by Contractor, caused in whole or in part by
any negligent act or omission of the Contractor, any subcontractors, anyone directly or indirectly
employed by any of them or anyone for whose acts any of them may be liable, including but not
limited to concurrent active or passive negligence, except where caused by the active negligence,
sole negligence, or willful misconduct of the City. Contractor will conduct all defense at its sole
cost and expense and City shall approve selection of Contractor's counsel. This indemnity shall
apply to all claims and liability regardless of whether any insurance policies are applicable The
policy limits do not act as a limitation upon the amount of indemnification to be provided by
Contractor.
8. Workers Compensation Insurance
Pursuant to California Labor Code Section 1861, Contractor acknowledges awareness of
Section 3700 et seg of this Code, which requires every employer to be insured against liability for
workers' compensation, Contractor covenants that it will comply with such provisions prior to
commencing performance of the work hereunder.
Contractor shall obtain and furnish to City workers' compensation and employer's liability
insurance in an amount of not less than the State statutory limits.
Contractor shall require all subcontractors to provide such workers' compensation and
employer's liability insurance for all of the subcontractors' employees Contractor shall furnish to
City a certificate of waiver of subrogation under the terms of the workers' compensation and
employer's liability insurance and Contractor shall similarly require all subcontractors to waive
subrogation.
9. General Liability Insurance
In addition to the workers' compensation and employer's liability insurance and Contractor's
covenant to defend, hold harmless and indemnify City, Contractor shall obtain and furnish to City, a
policy of general public liability insurance, including motor vehicle coverage covering the
Project/Service. This policy shall indemnify Contractor, its officers, employees and agents while
acting within the scope of their duties, against any and all claims arising out or in connection with
the Project/Service, and shall provide coverage in not less than the following amount combined
single limit bodily injury and property damage, including products/completed operations liability
and blanket contractual liability, of One Million Dollars ($1,000,000) per occurrence If coverage is
provided under a form which includes a designated general aggregate limit, the aggregate limit must
be no less than One Million Dollars ($1,000,000) for this Project/Service This policy shall name
City, its officers, elected or appointed officials, employees, agents, and volunteers as Additional
Insureds, and shall specifically provide that any other insurance coverage which may be applicable
to the Project/Service shall be deemed excess coverage and that Contractor's insurance shall be
primary
Under no circumstances shall said above -mentioned insurance contain a self -insured
retention, or a "deductible" or any other similar form of limitation on the required coverage
10. Automobile Liability Insurance
Contractor shall obtain and furnish to City an automotive liability insurance policy covering
the work performed by it hereunder This policy shall provide coverage for Contractor's automotive
liability in an amount not less than One Million Dollars ($1,000,000 00) per occurrence and a
separate "Additional Insured Endorsement" page listing both the policy number and naming the
"City of Huntington Beach, its officers, elected or appointed officials, employees, agents and
volunteers" as additional insured on the endorsement. The above -mentioned insurance shall not
contain a self -insured retention, "deductible" or any other similar form of limitation on the required
coverage except with the express written consent of City
11. Certificate of Insurance
Prior to commencing performance of the work hereunder, Contractor shall furnish to City a
certificate of insurance subject to approval of the City Attorney evidencing the foregoing insurance
coverage as required by this Agreement; the certificate shall -
a. provide the name and policy number of each carver and policy;
b state that the policy is currently in force; and
c promise that such policy shall not be suspended, voided or canceled by either party,
reduced in coverage or in limits except after thirty (30) days' prior written notice,
however, ten (10) days' prior written notice in the event of cancellation for nonpayment
of premium.
Contractor shall maintain the foregoing insurance coverage in force until the work under this
Agreement is fully completed and accepted by City
The requirement for carrying the foregoing insurance coverage shall not derogate from
Contractor's defense, hold harmless and indemnification obligations as set forth in this Agreement
City or its representative shall at all times have the right to demand the original or a copy of the
policy of insurance. Contractor shall pay, in a prompt and timely manner, the premiums on the
insurance hereinabove required
12. Independent Contractor
Contractor is, and shall be, acting at all times in the performance of this Agreement as an
independent contractor herein and not as an employee of City Contractor shall secure at its own
cost and expense, and be responsible for any and all payment of all taxes, social security, state
disability insurance compensation, unemployment compensation and other payroll deductions for
Contractor and its officers, agents and employees and all business licenses, if any, in connection
with the Project and/or the services to be performed hereunder.
13. Conflict of Interest
Contractor covenants that it presently has no interests and shall not have interests, direct or
indirect, which would conflict in any manner with performance of services specified under this
Agreement.
14. Termination
This Agreement may be terminated by the City upon thirty (30) days written notice of
termination. In such event, Contractor shall be entitled to receive and the City shall pay Contractor
compensation for all services performed by Contractor prior to receipt of such notice of termination,
subject to the following conditions
a As a condition of such payment, the Executive Director may require Contractor to
deliver to the City all work product completed as of such date, and in such case such work product
shall be the property of the City unless prohibited by law, and Contractor consents to the City's use
thereof for such purposes as the City deems appropriate.
J
b. Payment need not be made for work which fails to meet the standard of performance
specified in the Recitals of this Agreement.
15. Exclusivity and Amendment
This Agreement represents the complete and exclusive statement between the City and
Contractor, and supersedes any and all other agreements, oral or written, between the parties. In the
event of a conflict between the terms of this Agreement and any attachments hereto, the terms of
this Agreement shall prevail. This Agreement may not be modified except by written instrument
signed by the City and by an authorized representative of Contractor. The parties agree that any
terms or conditions of any purchase order or other instrument that are inconsistent with, or in
addition to, the terms and conditions hereof, shall not bind or obligate Contractor or the City. Each
party to this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any
party, which are not embodied herein.
16. Assignment
Inasmuch as this Agreement is intended to secure the specialized services of Contractor,
Contractor may not assign, transfer, delegate, or subcontract any interest herein without the prior
written consent of the City and any such assignment, transfer, delegation or subcontract without the
City's prior written consent shall be considered null and void. Nothing in this Agreement shall be
construed to limit the City's ability to have any of the services which are the subject to this
Agreement performed by City personnel or by other Contractors retained by City.
17. City Employees and Officials
Contractor shall employ no City official nor any regular City employee in the work
performed pursuant to this Agreement. No officer or employee of City shall have any financial
interest in this Agreement in violation of the applicable provisions of the California Government
Code
18. Notices
Any notices, certificates, or other communications hereunder shall be given either by
personal delivery to Contractor's agent (as designated in Section 1 hereinabove) or to City as the
situation shall warrant, or by enclosing the same in a sealed envelope, postage prepaid, and
depositing the same in the United States Postal Service, to the addresses below. City and Contractor
may designate different addresses to which subsequent notices, certificates or other communications
will be sent by notifying the other party via personal delivery, a reputable overnight carrier or U.S
certified U S certified mail -return receipt requested
To City
City of Huntington Beach
Attn: Joyce Zacks
2000 Main Street
Huntington Beach, CA 92648
19. Consent
To Contractor
FINANCIAL CREDIT NETWORK
1300 W Main Street
Visalia, CA 93291
ATTN Kris Davisson
800-540-9011
When City's consent/approval is required under this Agreement, its consent/approval for
one transaction or event shall not be deemed to be a consent/approval to any subsequent occurrence
of the same or any other transactions or event.
20. Modification
No waiver or modification of any language in this Agreement shall be valid unless in writing
and duly executed by both parties.
21. Section Headings
The titles, captions, section, paragraph and subject headings, and descriptive phrases at the
beginning of the various sections in this Agreement are merely descriptive and are included solely
for convenience of reference only and are not representative of matters included or excluded from
such provisions, and do not interpret, define, limit or describe, or construe the intent of the parties or
affect the construction or interpretation of any provision of this Agreement.
22. Interpretation of this Agreement
The language of all parts of this Agreement shall in all cases be construed as a whole,
according to its fair meaning, and not strictly for or against any of the parties. If any provision of
this Agreement is held by an arbitrator or court of competent jurisdiction to be unenforceable, void,
illegal or invalid, such holding shall not invalidate or affect the remaining covenants and provisions
of this Agreement. No covenant or provision shall be deemed dependent upon any other unless so
expressly provided here. As used in this Agreement, the masculine or neuter gender and singular or
plural number shall be deemed to include the other whenever the context so indicates or requires.
Nothing contained herein shall be construed so as to require the commission of any act contrary to
law, and wherever there is any conflict between any provision contained herein and any present or
future statute, law, ordinance or regulation contrary to which the parties have no right to contract,
then the latter shall prevail, and the provision of this Agreement which is hereby affected shall be
curtailed and limited only to the extent necessary to bring it within the requirements of the law.
23. Duplicate Original
The original of this Agreement and one or more copies hereto have been prepared and
signed in counterparts as duplicate originals, each of which so executed shall, irrespective of the
date of its execution and delivery, be deemed an original. Each duplicate original shall be deemed
an original instrument as against any party who has signed it.
24. Immigration
Contractor shall be responsible for full compliance with the immigration and naturalization
laws of the United States and shall, in particular, comply with the provisions of the United States
Code regarding employment verification.
25. Le2al Services Subcontracting Prohibited
Contractor and City agree that City is not liable for payment of any subcontractor work
involving legal services, and that such legal services are expressly outside the scope of services
contemplated hereunder Contractor understands that pursuant to Huntington Beach City Charter
Section 309, the City Attorney is the exclusive legal counsel for City; and City shall not be liable
for payment of any legal services expenses incurred by Contractor.
26. Confidentiality
Contractor recognizes that in the performance of its duties under this Agreement, it must
conduct its activities in a manner designed to protect information of a sensitive nature from
improper use or disclosure. Contractor warrants that it will use reasonable efforts consistent with
practices customary in the facilities management industry in recruiting, training and supervising
employees and in otherwise performing its duties hereunder in order to achieve this result. In the
furtherance of this, Contractor agrees, at the request of the City, to require its employees to execute
written undertakings to comply with the foregoing confidentiality provision.
27. Discrimination
Contractor shall not discriminate because of race, color, creed, religion, sex, marital status,
sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by
applicable law, in the recruitment, selection, training, utilization, promotion, termination or other
employment related activities Contractor affirms that it is an equal opportunity employer and shall
comply with all applicable federal, state and local laws and regulations.
28. Jurisdiction - Venue
This Agreement and all questions relating to its validity, interpretation, performance, and
enforcement shall be government and construed in accordance with the laws of the State of
California. This Agreement has been executed and delivered in the State of California and the
validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall
be determined and governed by the laws of the State of California Both parties further agree that
Orange County, California, shall be the venue for any action or proceeding that may be brought or
arise out of, in connection with or by reason of this Agreement.
29. Professional Licenses
Contractor shall, throughout the term of this Agreement, maintain all necessary licenses,
permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder
and required by the laws and regulations of the United States, the State of California, the City of
Huntington Beach and all other governmental agencies Contractor shall notify the City
immediately and in writing of her inability to obtain or maintain such permits, licenses. approvals,
waivers, and exemptions. Said inability shall be cause for termination of this Agreement.
30. Attorney's Fees
In the event suit is brought by either party to construe, interpret and/or enforce the terms
and/or provisions of this Agreement or to secure the performance hereof, each party shall bear its
own attorney's fees, such that the prevailing party shall not be entitled to recover its attorney's fees
from the nonprevailing party
31. Survival
Terms and conditions of this Agreement, which by their sense and context survive the
expiration or termination of this Agreement, shall so survive
32. Governing Law
This Agreement shall be governed and construed in accordance with the laws of the State of
California.
33. Signatories
Each undersigned represents and warrants that its signature hereinbelow has the power,
authority and right to bind their respective parties to each of the terms of this Agreement, and shall
indemnify City fully for any injuries or damages to City in the event that such authority or power is
not, in fact, held by the signatory or is withdrawn.
34. Entirety
(a) The parties acknowledge and agree that they are entering into this Agreement
freely and voluntarily following extensive arm's length negotiation, and that each has had the
opportunity to consult with legal counsel prior to executing this Agreement. The parties also
acknowledge and agree that no representations, inducements, promises, agreements or warranties,
oral or otherwise, have been made by that party or anyone acting on that parry's behalf, which are
not embodied to this Agreement, and that that party has not executed this Agreement in reliance on
any representation, inducement, promise, agreement warranty, fact or circumstance not expressly
set forth in this Agreement.
(b) All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement
35. Effective Date
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by
and through their authorized officers. This Agreement shall be effective on the date of its approval
by the City. This Agreement shall expire when terminated as provided herein.
CONTRACTOR
FINANCIAL CREDIT NETWORK, INC
By
�lS ISS�YI
print name
ITS (circle one) Chairman/PresidentN ce President
By
IG
print name
ITS (circle on Secret /Chief Financial
Officer/Asst Secretary - Treasurer
CITY OF HUNTINGTON BEACH, a
municipal corporation of the State of
Califom'a
City a a er
i of Finan-ce
APPROVED
CityA,Vromey b IGO to\ tO i
Receive and File
City erk
EXHIBIT "A"
A. STATEMENT OF WORK:
CONTRACTOR shall assist the City of Huntington Beach in the collection of unpaid and
delinquent accounts
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Services shall include, but is not limited to the following:
1 Provide collection services for unpaid and delinquent accounts receivables for: business
taxes, parking tickets, traffic and other emergency charges, municipal services charges, false
alarms, returned checks, other miscellaneous receivables.
a) Vendor shall work with accounts referred by the Director of Finance or her designee
only.
b) Vendor shall not have full rights to the accounts and shall only be able to pursue
collections on behalf of the City
c) City shall provide copies of documentation as required by the vendor to respond to
debtors' requests City will make every effort to provide all pertinent information to the
vendor through the account referral data in a format approved by the City
d) Vendor shall allow for time payment agreements. Director of Finance shall set
parameters in which the Contractor may accept a payment agreement without permission
of the City.
e) Vendor shall place no delinquent accounts with any attorney for collection without the
express written consent of the City of Huntington Beach Director of Finance after
obtaining approval from the City Attorney.
f) Vendor shall not have authority to accept a compromise settlement on any account
without written consent of the Director of Finance or designee for all accounts. This
consent may be accomplished by setting parameters in which the vendor may accept a
settlement without permission
g) City will provide a log of all account types by which tracing quarterly and annual
reporting will be required
2 Service Specifications and Scope of Work
a) Vendor shall make a minimum of two written or telephone contacts for each account
(unless the account clears sooner) within sixty days of receipt of account. Vendor should
provide in proposal detailed steps that will be taken once account is received from the
City and number of contact and�$rocedures that will be taken.
b) Vendor will provide an acknowledgement of accounts placed with the agency within ten
(10) days of placement.
c) Vendor shall make contacts with delinquent accounts under the name of the collection
agency.
d) Vendor shall submit status reports on all accounts on a monthly basis by type of
receivable. This shall include data for each patron, detailing information such as: original
placed value of debt, the value of the current debt, money received, charges waived,
interest charged, balance due, and date of last payment. A financial summary will also be
required showing "period to date" and "year to date" totals for pertinent information such
EXHIBIT "A"
as: Receipts, net accounts receivable, total accounts receivable, and collection
percentage or changes, as requested by Director of Finance. .
In addition, an aging report should be available in summary and in detail. Vendor is to
provide copies of all available reports. A year-end report as of September 30 (City's fiscal
year-end) will be provided annually to include:
♦ Detailed listing of all accounts by type
♦ Detailed listing of all accounts closed in past year by type
♦ Detail of all activity by account in past year by type
♦ Summary of all the above reports
♦ Percentage collected for past year and cumulative percentage to date
e) Vendor shall conduct skip tracing on delinquent accounts Vendor to provide specific
tools used to conduct skip tracing.
f) Vendor shall report all uncollected accounts to the major credit bureaus unless a type is
excluded from reporting by the Director of Finance Such reporting must be in
accordance with all applicable Federal and California laws including, but not limited to,
the Fair Debt Collection Practices Act, Federal Equal Credit Opportunity Act,
Regulations and the Consumer Credit Protection Act, as now in effect or hereafter
amended Vendor shall not report accounts to the credit bureaus until the Vendor has
worked the account for 60 days. At the request of the Director of Finance, the Vendor
shall remove an account notification from all affected bureaus and provide a copy of that
notification to the Director of Finance In accordance with the Fair Credit Reporting Act,
the City requires that accounts be cancelled from each credit bureau upon request of the
Director of Finance.
g) Vendor shall accept automated or manual transfer and payment information from the City
of Huntington Beach's or other vendor's database. It is expected that the contractor will
work (at no additional cost) with the City of Huntington Beach and its software to ensure
accurate and timely transmission of data.
h) Vendor shall comply with the Health Insurance Portability and Accountability Act
(HIPAA) to ensure the confidentiality, security, and safety of all files, documents,
computer files, etc. Vendor shall enter into a HIPAA Business Associate Agreement
with the City upon selection of this RFP
j) Vendor shall provide in proposal any other information about their collection and shall
provide detailed information about their collection methods to be used
3 Vendor shall perform all work in strict compliance with all Federal and California State laws
applicable to debt collectors, including but not limited to the Robbins -Rosenthal Fair Debt
Collection Practices Act (California Civil Code 1788-1788 3) and the Federal Fair Debt
Collection Practices Act (1 S US Code 1692 et seq , Title 16 C F R Section 682 et seq )
4 Vendor shall perform all work in accordance with state and local laws.
The City is customer service oriented and firmly believes in a positive approach in dealing
with debtors. The Contractor shall not use tactics that may be interpreted as harassment or as
demeaning or that may reflect poorly on the City's efforts The City prohibits any collection
enforcement procedures not consistent with the City's requirements. The City requires the
EXHIBIT "A"
Contractor to exercise high ethical standards in their collection philosophy and techniques
The Contractor shall conduct its collection business in a professional manner, which will
preserve the dignity of the City and its relationship with its citizens.
6 The City will provide overall guidance on the conduct of the collection service as it will
reflect on the City's policies and reputation.
7 Vendor shall meet annually with the City of Huntington Beach Director of Finance and
appropriate City staff to discuss all services and discuss prior year's results, and Vendor may
be asked to periodically provide training to Director of Finance and other department staff at
no cost The vendor will also provide recommendations on how the City can reduce future
bad debt. The collection agency should consider providing updates to the City on changes in
state and national laws related to credit and collections.
8. Vendor shall maintain accurate records of all transactions City of Huntington Beach may
perform periodic audits to ensure that all amounts collected are accurately reported and
remitted
9. The City of Huntington Beach Director of Finance and designated staff shall be allowed
access to debtor accounting information through an on-line terminal or the internet, such that
the Director of Finance and staff may view, send or receive messages, generate recovery
analysis reports or audit debtor files at anytime.
10. Vendor shall maintain records supporting each assigned account. All such records
(correspondence, documents, accounting records and other relative evidence) shall be made
available to the City of Huntington Beach for review upon request. These records should be
maintained for a period of six (6) years after termination of the collection action on each
account.
11. City of Huntington Beach desires a three-year contract, however, the City may terminate the
resulting contract by giving thirty days written notice for convenience or cause.
12 City of Huntington Beach will not permit this work to be subcontracted without the prior
written consent of the City representative.
13. Vendor shall maintain insurance as specified on the insurance attachment hereto.
14. Any settlement of principal or charges shall be agreed upon between the agency and the City,
prior to acceptance and supported in writing by the City
15 The City adds a collection fee to all accounts sent to collections and may request the
contractor to also charge for delinquent fees once sent to the contractor as allowed by the
City's ordinance.
EXHIBIT "A"
C. CITY'S DUTIES AND RESPONSIBILITIES:
Identify the collection accounts and assign those accounts to the collection agency via the chosen
method Communicate subsequent changes to those accounts such as direct payments or
adjustments, cancellations or updated demographic information.
D. WORK PROGRAMIPROJECT SCHEDULE:
To be determined.
EXHIBIT "B"
Payment Schedule
1 Charges for time during travel are normally not reimbursable and will only be paid if
such time is actually used in performing services for CITY or as otherwise arranged with CITY.
2 Compensation is based on the collection of revenue CONTRACTOR shall be
entitled to payments in accordance to the contingency fee schedule below.
Description
Contingency
Fee
30 day grace period Any money collected during the first 30 days would be
posted at 0%.
0%
Day 30 — Life of the Account
24%
Court Action (if required)
34%
Transfer of account to an out of the area agency for collection
34%
CONTRACTOR shall instruct consumers to submit payments due to the City of Huntington Beach at
the collection agency Payments received at the City will be forwarded to the collection agency for
processing The collection agency will be notified within 30 days of any payment processed by the
City The funds received by the collection agency must be maintained in the trust fund until remitted
to the City of Huntington Beach, and the collection fee can be deducted at the time of remittance
3 Delivery of work product At the CITY's request, certain documents prepared by
CONTRACTOR shall be submitted to CITY to demonstrate progress toward completion of tasks. In
the event CITY rejects or has comments on any such product, CITY shall identify specific
requirements for satisfactory completion
4 Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate Such approval shall not be unreasonably withheld Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement
FINAN-5 OP ID: MN
CERTIFICATE OF LIABILITY INSURANCE
DATE 04106/20/ YY)
OQ/06/2015
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(les) must 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 endorsemen s .
PRODUCER
BUCKMAN MITCHELL, INC
P.O. BOX 629
500 North Santa Fe Street
VISALIA, CA 93279
NAME CONTACT Linda N. Loftin, CIC
PHONEFAX
559-733-1161 (AIC No) 559-736-5517
EaDDIRss lnda bminc.com
Linda N. Loflln, CIC
INSURE S AFFORDING COVERAGE
NA1C#
INSURERA West American Insurance Co.
44393
INSURED Financial Credit Network, Inc.
INSURERS Ohio Security Insurance Co.
24082
Alicia Sundstrom
P 0. Box
Visalia, CAA 93276
INSURER c. American Fire & Casual Co.
24066
INSURERD.-State Compensation Ins Fund
35076
INSURER E LLOYD'S OF LONDON 1085202
INSURER F
COVERAGES CERTIFICATE NUMBER: RFVISInN bill IMRFR-
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
1LNS7 R
TYPE OF INSURANCE
POLICY NUMBER
Y EFF
MMIDD
POLICY EXP
WO
LIMITS
A
X
COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE OCCUR
X
BKW1656435941
03/31/2015
03/31/2016
EACH OCCURRENCE
$ 1,000,00
p EI I Eaooaxrance
$ 600,00
MED EXP one person
$ 16,00
PERSONAL & ADV INJURY
$ EXCLUDE
GENLAGGREGATE LIMIT APPLIES PER
X POLICY j£CT LOC
GENERAL AGGREGATE
$ 2,000,00
PRODUCTS-COM1P/OPAGG
$ 2,000,00
$
OTHER
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT
(Ea accident)
S 1,000100
B
X ANYAUTO
X
BAS1666435941
03/31/2015
03/31/2016
BODILY INJURY (Per person)
$
ALL OWNED SCHEDULED
AUTOS AUTOS
NON -OWNED
HIREDAU705 AUTOS
BODILY INJURY (Per accident)
$
PR PERTYDAMAGE
Peracddent
$
$
UMBRELLA LIAR
OCCUR
EACH OCCURRENCE
$ 3,000,00
X
r
AGGREGATE
$ 3,000,00
C
EXCESS LIAR
CLAIMS -MADE
ESA1666436941
03/31/2015
03131/2016
DED I X I RETENTION NIL
$
D
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY
ANYPPROP IIMtORIPBERXCLUDEO�J CUTIVE Y� IN
(Mandatory In NH)
I es, describe under
DESCRIPTION OF OPERATIONS below
N/A
909984714
05/1712014
05/17/2015
X P NTE ER
E_LEACHACCIDENT
$ 1,000,00
E L DISEASE- EA EMPLOYEE
$ 1,000,00
E L DISEASE -POLICY LIMIT
$ 1,000,00
E
Cyber Liability
ESD309BA091310D
0110112011110110112016
Each Occ 11000,00
Aggregate 2,000,00
DESCRIPTION OF OPERATIONS LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached N more space Is required)
The City of Huntington Beach, its officers, elected or appointed
officials, employees agents and volunteers are named additional insured as
respects to General Liability and Auto I,iabilxty per forms CG B8 10 04 13,
CG 20 26 04 13 and CA 88 10 01 13, subject to policy terms and condxtxons.
The City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHORIZED REPRESENTATIVE
rt jor, b
01988.2014 ACORD CORPORATION. All rights reserved.
ACORD 26 (2014101) The ACORD name and logo are registered marks of ACORD