Okaloosa County BOCC — November 18, 2014 — PENN CREDIT CONTRACT — reading text

CONTRACT & LEASE INTERNAL COORDINATION SHEET FINAL CONTRACT/LEASE FOR REVIEW Contract/Lease Number: Tracking Number: HG G- £5 Grant Funded: YES Contractor/Lessee Name: foc Coole t Core) Purpose re Ems 63-)4 NO Date/Term: G \Bo | ri 1, L] GREATER THAN $50,000 Amount: Gq. cf, Cernrtiac tf 2. im GREATER THAN $25,000 Department: PS 3. O $25,000 OR LESS Dept. Monitor Name: Vv Me [d\n ber Document has been reviewed and includes any attachments or exhibits. Purchasing Review Date: fo, 20) im Joanne Kublik Risk Manogement Review “ medt 4 Approved as-written— O2* Chor-eca Mber wo . Date: | |- fore ia| anager or designee Kay Godwin or Krystal King County Attorney Review Approved as met WN KN Nf cos) Date: L1-4-\Y aad Attohpey Gregory T. Stewart or Lynn Hoshihara Following Okaloosa County approval: Contracts & Grants Document has been received: Date: Contracts & Grants Manager AGREEMENT FOR DEBT COLLECTION SERVICES THIS AGREEMENT for Debt Collection Services (“Agreement”) is made by and between OKALOOSA COUNTY GOVERNMENT, FLORIDA, a municipal entity in the State of Florida (County) located at 90 College Boulevard East, Niceville, FL 32578 and PENN CREDIT CORPORATION, a Pennsylvania corporation, with a principal address of 916 South 14" Street, Harrisburg, PA 17104, authorized to do business in the State of Florida (“Agency”); WHEREAS, the County issued a Request for Proposals (RFP EMS 63-14) seeking proposals from qualified and responsible firms to perform collection services on delinquent accounts (the “RFP”); and WHEREAS, Agency submitted its Proposal dated July 30, 2014 (the “Proposal”) and WHEREAS, County desires for Agency to utilize its efforts to collect amounts due for delinquent accounts and Agency desires to provide such collection; NOW, THEREFORE, in consideration of the mutual covenants and agreements set forth below and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. SCOPE OF SERVICES 1. The Agency’s responsibilities include, but shall not be limited to, issuing collection letters, skip tracing, telephone collection and credit bureau reporting for delinquent accounts for services rendered by the County and for the collection of amounts due (the “Services”). 1.2 County retains Agency to collect Delinquent Accounts which the County in its sole discretion may assign to Agency for collection. Nothing contained in this Agreement shall be construed as requiring County to place any set number or type of accounts with Agency. 1.3 Agency agrees to use its best efforts and work diligently to collect all money due to County and to forward such money to County, all in accordance with the terms and conditions of this Agreement, 2. ASSIGNMENT OF DELINQUENT ACCOUNTS 2.1 Assignment County shall notify Agency of delinquent accounts it wishes to assign to Agency and shall provide delinquent Account Information, as described in this Agreement. 2.2 Withdrawal County is entitled to withdraw any delinquent account which it may have placed in error with Agency. Otherwise, delinquent accounts referred to Agency shall remain with Agency for collection until the account is determined to be uncollectible by Agency. 3. PERFORMANCE STANDARDS 3.1 Agency shall supervise and direct all collection work, devoting enough attention and applying the necessary skill and expertise to perform the work competently and efficiently. Agency shall be solely responsible for the means, methods, techniques, sequences and procedures of the collection. Page | 1 3.2 Notwithstanding the foregoing, the County shall review and approve all collection letters prior to Agency’s use of such form in collecting the County’s delinquent accounts. 3.3 Agency shall perform its collection efforts in accordance with all federal, state and local laws and regulations, including the Fair Debt Collection Practices Act and the guidelines established by the Federal Trade Commission. 4. REMITTANCES 4.1 Remittances to the County. Agency shall provide and remit payments to the County on a monthly basis (by the 20m of the subsequent month), accompanied by a Statement of Collection report. Such report shall detail the remittance information, including: gross dollars collected for the month, account name, account number, account type, date of payment, and fee due to Agency. 4.2 Returned Checks. Collections by Agency in which a check is returned unpaid by the bank, shall be reported as a minus payment and minus collection fee (credit), County will notify Agency when a check is returned by the bank unpaid on a payment made directly to County on which County has paid Agency the collection fee due. Agency will list such returned check on the next statement as a minus payment and minus collection fee (credits). 43 Paid Direct to County. For amounts paid directly to the County that have been submitted to the Agency for collection, the County will notify the Agency, on a weekly basis (or mutually agreed period), and the Agency will net this amount against what is owed the County by the Agency. 5. REPORTING 5.1 Reporting. The Agency shall provide the following reports electronically in printable format: a. Acknowledgement Report verifying all accounts that have been received by Agency for collection. b. Payment Analysis (Collection Analysis) provides information relating to collection performance, broken down by month of placement. This report illustrates recovery performance. C Statement of Collection (Monthly Statement) details accounts to which payments have been applied during the statement period. This report indicates not only amounts paid by debtors, but also commissions due Agency for collection services rendered. d. Cancellation Report lists all accounts scheduled for return, along with the client account number, debtor name, balance, applicable dates, and reason for return. 5.2 Agency will work with County to provide any additional reports requested. 6. CREDIT BUREAU REPORTING 6.1 Agency will report County approved delinquent accounts to the credit bureaus (Equifax, Trans Union and Experian) within sixty (60) days after the Acknowledgment Date, provided the initial placement balance is at least equal to the minimum balance reportable to said credit bureau. Page | 2 6.2 Based on account information received from County and information Agency has in its possession, Agency shall keep Credit Bureau(s) informed of changes in the status of delinquent accounts. 6.3 Disputed accounts will be reported as disputed in accordance with the Fair Credit Reporting Act. 7. OBLIGATIONS OF COUNTY 7A At the time County assigns delinquent accounts to Agency, County shall provide Agency with the following information with respect to each delinquent account (the “Account Information”) provided County has knowledge of this Account Information: a. Notices of any proceedings under the bankruptcy or insolvency laws of the United States of America or any state relating to the Delinquent Accounts; b. Notices of any actions or proceedings commenced by any Delinquent Account Consumer against the County relating to the Delinquent Accounts; c. Any communications received by County from the Delinquent Account customer, or the legal representative of a Delinquent Account customer, relating to the Delinquent Account or the collection of the Delinquent Account; and d. Any credits or other forgiveness granted by County with respect to any Delinquent Account. 7.2 County shall have a continuing obligation to provide Agency with any new or additional Account Information with respect to the delinquent accounts as soon as such information becomes known to County. 8. COLLECTION LITIGATION BY AGENCY 8.1 Agency shall recommend accounts to the County for litigation. 8.2 Agency must secure express written approval from the County Attorney on each and every account prior to instituting any legal action on behalf of the County to collect the account. 8.3 Agency shall be reimbursed any monies for County approved litigation costs advanced by Agency exclusively from the first proceeds of litigation. 8.4 If any legal action is contested, or if a counter-claim is asserted, Agency will promptly advise the County and County may assume further responsibility including all costs. 8.5 Prior to initiating collection litigation, in addition to the express written authorization, County shall provide Agency with the following information: * Complete documentation of the account * Validation of the debt * Statement of non-military service * Signed affidavit of the account * A-witness, when necessary Page | 3 8.6 Agency shall provide County with regular reports on the status of each collection litigation matter. 9. FEES 9.1 County agrees to pay Agency, a commission or percentage of the amount collected on a delinquent account assigned to Agency, in accordance with the following schedule: Primary Collections (non-legal referral) 18% Secondary Collections (non-legal referral) 25% Legal Action Authorized 35% 9.2 Agency agrees that it shall not be entitled to fees or commission on delinquent accounts which have been withdrawn from Agency, except to the extent that the payment directly resulted from the collection efforts of Agency. 10. INSURANCE 10.1. The commercial general liability and excess liability policies will name the County as an additional insured, and proof of such coverage shall be furnished to the County by way of an endorsement to same or a certificate of insurance no later than ten (10) days prior to the provision of services under the awarded contract and upon renewal of each policy each year the awarded contract remains in effect and for a period of one (1) year after the termination of the contract. All such insurance must be with an insurance carrier approved and authorized to do business in the state of Florida, and who must have a rating of no less than “excellent” by A.M. BEST, or as mutually agreed upon by the County and the successful Respondent. All such insurance policies may not be modified or terminated without the express written authorization of the County. The insurance requirements set forth herein may be modified by the County in its sole discretion in competitive negotiations. 10.2 The insurance required shall be written for not less than the following, or greater if required by law and shall include Employer’s liability with limits as prescribed in this contract: Type of Coverage Amount of Coverage 1. Worker’s Compensation 1.) State Statutory 2.) Employer’s Liability $100,000 each accident 2. Business Automobile & Commercial $1,000,000 cach occurrence General Liability Insurance {A combined single limit) 3. Personal and Advertising Injury $250,000 4. Professional Liability $1,000,000 each occurrence (A combined single limit) Page | 4 10.3. All insurance policies shall be with insurers licensed to do business in the State of Florida. 10.4 The County of Okaloosa shall be listed as Additional Insured by policy endorsement on all insurance contracts applicable to this Agreement except Worker’s Compensation and Professional Liability. 11. INDEMNIFICATION Each party to this Agreement agrees, to the extent permitted by law, to save, defend, reimburse, indemnify, and hold harmless the other parties, and the other parties respective officers, employees, servants or agents from each party’s own negligence or willful misconduct and from any and all claims, demands, damages, liabilities, causes of actions, legal or administrative proceeds, judgments, interest, attorney’s fees, costs and expenses arising in any manner directly or indirectly in connection with or incidental to the performance of this Agreement. Nothing in this provision shall be construed as consent by the parties to be sued, nor as a waiver of sovereign immunity beyond the limits provided for in Section 768.28, Florida Statutes. 12. TERM This