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HomeMy WebLinkAboutR-2013-129 Debt Collection Services Agreement with Professional Credit ServicesA RESOLUTION RESOLUTION NO. R-2013-129 making an award for Request for Proposals 11319-P and authorizing the City manager to execute an agreement between City of Yakima and Professional Credit Services for debt collection services. WHEREAS, the City of Yakima has a need for debt collection services in multiple departments including Finance and Code Administration; and WHEREAS, the Purchasing Division, advertised a Request for Proposals, which were due on June 13, 2013; and WHEREAS, proposals were received from the following five (5) proposers: • Chapman Financial Services • Evergreen Financial Services • Professional Credit Service • Yakima Adjustment Services • YCCS WHEREAS, an Evaluation Process was completed and it is recommended by the Evaluation Committee and the City Manager that the City proceed with a contract award to Professional Credit Services ; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an agreement with Professional Credit Services to provide debt collection services for City of Yakima, a copy of the Agreement with all relevant attachments is attached hereto and by reference made a part hereof, now, therefore, ADOPTED BY THE CITY COUNCIL this 151' day of October, 2013. ATTEST: Sonya C ar Tee, City Clerk Micah Cawley,ayor AGREEMENT For: DEBT COLLECTION SERVICES for: PROPOSAL NO. 11319-P YAKIMA, WASHINGTON 1 DEBT COLLECTION SERVICES AGREEMENT THIS DEBT COLLECTION SERVICES AGREEMENT, hereinafter "Agreement", is made and entered into by and between the City of Yakima, a Washington State municipal corporation, hereinafter the "City", and Professional Credit Services, hereinafter "CONTRACTOR". WHEREAS, the City needs professional debt collection services to collect debts owed to the following City agencies: the City Utility Account Office, Animal Control and Parking Enforcement, Treasury, and Central Accounts, all of the Finance Department; Code' Administration Division of the Community and Economic Development Department, and the Parks and Recreation Division of the Public Works Department. WHEREAS, CONTRACTOR has experience and expertise regarding said debt collection services, and agrees to perform these services for the City under the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual covenants, conditions, promises, and agreements set forth herein, it is agreed by and between the City and the CONTRACTOR as follows: 1. Defmitions/Interpretation For the purposes of this Contract and any additional instruments that may become a part of this Contract, the terms "contractor", "proposer", and "vendor" shall be interchangeable. The terms "buyer", "purchaser", "procuring agency", "Owner", "City of Yakima", and "City" shall be interchangeable. 2. Contract Documents The City of Yakima Request For Proposals No. 11319-P and the Contractor's proposal (to the extent consistent with the City's documents) and any addenda are hereby incorporated herein by this reference. Specific federal and state laws and the terms of this Contract, in that order respectively, supersede other inconsistent provisions. This Contract is on file in the Purchasing Office, 129 No. 2" St., Yakima, Washington, 98901. 3. Allocation and Assignment of Debts/Accounts by the City The basis upon which debts/accounts are assigned by the City to CONTRACTOR for collection is strictly within the discretion of the City. Prior to assignment of a debt/account to CONTRACTOR for collection, the City shall attempt to advise the debtor of the existence of the debt/account, and that the debt/account may be assigned for debt collection if not paid. 4. Consideration No fees will be charged to the City by CONTRACTOR to provide the debt collection services provided pursuant to this Agreement. 2 a. Added Fee. When authorized by law, CONTRACTOR' fee will be added by the agency to the principal amount of the debt assigned to the agency and, on such accounts, CONTRACTOR shall not receive any fee in addition to the fee authorized to be charged to the debtor (RCW 19.16.500). c. Interest. Interest accrued on this account shall be shared on a 75/25 basis between the City and CONTRACTOR. d. Automated Check Verification No Charge e. NSF Check Collection $40.00 f. Non -Collected Accounts. No fee will be charged for accounts not collected. g. Full and Best Efforts. CONTRACTOR will pursue full efforts to collect accounts, including skip -tracing. CONTRACTOR has no authority to and will not engage in compromise settlement arrangements without written authorization from the City. The City shall have no responsibility for uncollected costs advanced by CONTRACTOR. 5. Term of Agreement The period of this contract shall be for a period of one year from its effective date. The City may, at its option, extend the contract on a year to year basis for up to four additional years provided, however, that either party may at any time during the life of this contract, or any extension thereof, terminate this contract by giving thirty (30) days notice in writing to the other party of its intention to cancel. Contract extensions shall be automatic, and shall go into effect without written confirmation, unless the City provides advance written notice of the intention to not renew. Prices shall remain firm for the first twelve month period of the contract unless an exception is stated in the bid. Price adjustment requests will only be reviewed and negotiated during annual contract renewal. If no request is made for a price adjustment, the contract renewal at the existing compensation value shall be automatic. 6. License and Bonding Requirements Contractor represents that it is licensed and bonded and shall remain as licensed and bonded during the term of this Agreement in accordance with and as required by RCW 19.16.110 and RCW 19.16.190 respectively. If applicable, successful Coordinator shall have a valid and current business license per Chapter 5.02 Section 5.02.010 of the Yakima Municipal Code covering this type of business and shall satisfy all applicable City Code provisions. Said license shall be obtained prior to the award of any contract. Inquiries as to fees, etc., should be made to the Office of Code Administration, telephone (509) 575-6121. 3 7. Status of CONTRACTOR CONTRACTOR and the City understand and expressly agree that CONTRACTOR is an independent contractor in the performance of each and every part of this Agreement. CONTRACTOR and its officers, employees, agents, instructors, and subcontractors shall make no claim of City employment nor shall claim any related employment benefits, social security, and/or retirement benefits. 8. Taxes and Assessments CONTRACTOR shall be solely responsible for compensating its employees and for paying all related taxes, deductions, and assessments, including but not limited to, federal income tax, FICA, social security tax, assessments for unemployment and industrial injury, and other deductions from income which may be required by law or assessed against either party as a result of this Agreement. In the event the City is assessed a tax or assessment as a result of this Agreement, CONTRACTOR shall pay the same before it becomes due. 9. Non -Discrimination During the performance of this Agreement, CONTRACTOR shall not discriminate in violation of applicable federal, state, and/or local law and/or regulation on the basis of race, age, color, sex, religion, national origin, creed, marital status, sexual orientation, political affiliation, or the presence of any sensory, mental or physical handicap. This provision shall include but not be limited to the following: employment, upgrading, demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms of compensation, selection for training, and the provision of debt collection services under this Agreement. 10. The Americans With Disabilities Act: With regard to the services to be performed pursuant to this Agreement, Coordinator agrees to comply with the Americans With Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA) and its implementing regulations, and Washington State's anti -discrimination law as contained in RCW Chapter 49.60 and its implementing regulations. The ADA provides comprehensive civil rights to individuals with disabilities in the area of employment, public accommodations, state and local government services, and telecommunications. 11. Compliance With Law CONTRACTOR agrees to perform all services under and pursuant to this Agreement in full compliance with any and all applicable laws, rules, and regulations adopted or promulgated by any governmental agency or regulatory body, whether federal, state, local, or otherwise. 12. No Insurance provided by City It is understood the City does not maintain liability insurance for CONTRACTOR and/or its officers, employees, agents and/or subcontractors. 4 13. Professional Service Defense & Indemnity Agreement: The Contractor agrees to defend, indemnify and save harmless the City of Yakima/Yakima County, its appointed and elective officers and employees, from and against all loss or expense, including but not limited to judgments, settlements, attorney's fees and costs by reason of any and all claims and demands upon the City of Yakima/Yakima County, its elected or appointed officials or employees for damages, whether such damage is due to the negligence, or errors or omissions of the Contractor, his/her subcontractors, its successor or assigns, or its or their agent, servants, or employees, It is further provided that no liability shall attach to the City of Yakima/Yakima County by reason of entering into this Contract, except as expressly provided herein. Professional Liability: The Contractor shall provide evidence of Professional Liability insurance covering professional errors and omissions. Such policy must provide the following minimum limits: $1,000,000 per Claim If insurance is on a claims made form, its retroactive date, and that of all subsequent renewals, shall be no later than the effective date of this Contract. 14. Assignment This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by CONTRACTOR to any other person or entity without the prior written consent of the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of CONTRACTOR as stated herein. 15. Severability If any portion of the Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 16. Integration and Supersession This Agreement sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof and supersedes any and all such former agreements which are hereby declared terminated and of no further force and effect upon the execution and delivery hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by the parties. 17. Non -Waiver The waiver by CONTRACTOR or the City of the breach of any provision of this Agreement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 5 18. Termination A. Termination for Convenience. The City may terminate this Contract, in whole or in part, at any time by thirty (30) calendar days written notice to the Contractor. The Contractor shall be compensated in accordance with the terms of this Contract up to the effective date of termination. Upon termination the Contractor shall return all unresolved files, documents, and records previously provided to Contractor by the City to the City in the same form as they were provided. B. Termination for Default. If the Contractor fails to comply with any provision of this Contract, the City may terminate this Contract for default without notice. Termination for default shall be effected by delivering a notice of termination to the Contractor setting forth the manner in which the Contractor is in default. The Contractor will only be compensated for services performed in accordance with the manner of performance set forth in this Contract subject to set off for damages caused to the City. If, after termination for default, it is determined that the Contractor was not in default, the rights and obligations of the parties shall be the same as if the termination had been issued for the convenience of the City. Upon termination the Contractor shall return all unresolved files, documents, and records previously provided to Contractor by the City to the City in the same form as they were provided. C. Opportunity to Cure. The City in its sole discretion may, in the case of termination for default, allow the Contractor thirty (30) days, in which to cure the defect of service. In such case, the notice of termination will state the nature of the default, the time period in which cure is permitted, and other appropriate conditions. If the Contractor fails to remedy to the City's satisfaction the default of any of the terms, covenants, or conditions of this Contract within the stated period of time for remedy, the City may terminate this Contract without any further obligation to the Contractor. D. Waiver of Remedies for any Breach. In the event the City elects to waive its remedies for any breach by the Contractor of any covenant, term or condition of this Contract, such waiver by City shall not limit City's legal remedies for any succeeding breach of that or of any other term, covenant, or condition of this Contract. E. Remedies. A termination for convenience or default shall not in any way operate to preclude the City from pursuing all other available legal remedies against the Contractor and its sureties for default or breach of this Contract. F. Contractor's Right to Terminate. The Contractor may terminate this Contract, in whole, for any reason upon thirty (30) calendar days written notice to the City. 19. Resolution Of Disputes Or Breaches Disputes arising in the performance of this Contract that are not resolved by agreement of the parties shall be decided in writing by the City of Yakima Purchasing Manager. This decision shall be final and conclusive unless within ten (10) calendar days from the date of 6 receipt of its copy, the Contractor mails or otherwise furnishes a written appeal to the City Manager. In connection with said appeal, the Contractor shall be afforded an opportunity to be heard and to offer evidence in support of its position. Pending final decision of a dispute hereunder, the Contractor shall proceed diligently with the performance of this Contract while matters in dispute are being resolved. The final decision of the City Manager shall be binding upon the Contractor and the Contractor shall abide by the decision. The duties and obligations imposed by the Contract Documents and the rights and remedies available hereunder shall be in addition to and not a limitation of any duties, obligations, rights and remedies otherwise imposed or available by law. 20. Survival Any provision of this Agreement which imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this agreement and shall be binding on the parties to this Agreement. 21. Notices Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties at their addresses as follows: To City: To Service Provider: Colleen Bailey, CPPB Buyer II Yakima City Hall 129 North Second Street Yakima, WA 98901 or to such addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid or hand -delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above. 22. Governing Law • This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 23. Venue In the event that any litigation should arise concerning the construction or interpretation of any of the terms of the Agreement, the venue of such action of litigation shall be in the Courts of the State of Washington in and for the City of Yakima. This Agreement shall be governed by the laws of the State of Washington. 7 24. Contract Execution: CITY OF YAKIMA BY Dat ►%an • 7 e: l l ! mo ATTEST: ,,1 d Q -P Ar/r/ i ity •Clerk 01''- H1 ��`< CITY CONTRAC i RESOLUTION NM. 8 SERVICE PROVIDER By: C(ilit-i. sc. 4.4 - froie.454;b, ;b6141 CreL►L Date: ?/ 2 3 ) 201 '5cAl ►`te (1414,_ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 50 For Meeting of: 10/15/2013 ITEM TITLE: Resolution authorizing an agreement with Professional Credit Services for debt collection services. SUBMITTED BY: Cindy Epperson, Director of Finance & Budget Colleen Bailey, Purchasing Buyer II SUMMARY EXPLANATION: The City of Yakima requires a professional services contract for debt collection. The City has used YCCS for collection services since 1994. The contract term is expired and we felt it was prudent to advertise for proposals, especially when considering the improvements in technology. The City sent out a request for proposals from professional debt collection service agencies, asking how they would facilitate payments on delinquent accounts owed to the City from the Utility Services Office, Animal Control, Parking Enforcement, Treasury, Central Accounts, Finance Department, Code Administration, Parks and Recreation, and Transit. The Purchasing Division advertised a Request for Proposals, which were due on June 13, 2013. Please see attached Memorandum with Recommendation of Award outlining the evaluation process (Attachment A). The selected proposer will work with the City to provide services as specified in the RFP scope of work. The evaluation committee reviewed and scored the proposals received, and recommend award to Professional Credit Services (PCS). The attached resolution authorizes the City Manager to execute the contract. This will be a change in service provider, so there will be an implementation process and a review of the business processes as we go through this transition. There is no direct cost to the City for collection services, as the agency adds on its fee to the customer --PCS had the lowest fee structure for our customers. Resolution: X Ordinance: Other (Specify): Contract: X Contract Term: 5 Years Start Date: October 15, 2013 End Date: October 14, 2018 Item Budgeted: NA Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Professional Credit Service, 400 International Way, Springfield, OR 98477 Phone: Customer fees paid directly to the collection agency. NA APPROVED FOR SUBMITTAL: RECOMMENDATION: Adopt Resolution City Manager ATTACHMENTS: Description Resolution - Authorization to Approve Debt Collection Services Memo to CM for Award Recommendation - Debt Services El Debt Collection Agreement Upload Date 9/25/2013 9/25/2013 9/25/2013 Type Resolution Cover Memo Contract II I tAr. O'Rourke, Selection Committee intent to Negotilate II On May 18, 2013, the City solicited RFP No. 11319 to hire an A/E firm to conduct Debt Collection Services for the Debt Collection Services for multiple City Departments. Pike Proposals were received on the due date of -lune 13, 2033 for the above project from the following firms: Chapman Financial Se 'ces, Spiokarie, WA Evergreen Financial Ser*S, Yakima, WA Professional Credit Services. Springfield, OR Yakima Adjustment Services, Yakirria, WA ACCS Yakima WA The an lysis committee was formed and given materiah and instructions on now to conduct the analysis and score the proposals on August 29, 2013 Committee Members: Kathy Miles ammv Reeirnbal Royale Schneider The proposals were checked for responsive. resp nsibenebb by Colleen bailey and kEnneti to be The proposalsire ;scored once, fin the f ## in scorIn #, C°Ot ##�rav # rrrrt}rg#rig sup and Lrrhirrirr led ars 2 Re den at#, ;d .; ons nd dependabilid, t #li g it a ide the service, ult € a e # goo ro uit r[r at Appropr# r�# . # # # iiat#or #at rr, t c nr# arra ..x r#t = a ampho t & #�t apt t#irr # i a l it r o _ debt X11 t#ort pr c h s and pita to s. RF Apr d ua #" t. c,hrrr)# to 1 t# on .lIo dccarimi rr#c :E n a #th tyre "t { o rak tri . .� es onsiveproposal,Comptr h . the r rr rrr rr t the, ticdttons #rr t# I Ch Er 1 Rita rar±# # points far each avis#uator) the s scored a ed: 242 740 Pro # Credit S ce,, 245 Yakima j ent Ser des TCCS "r•firrr ee Credit Se ces. endsthat m 215 pre eed Dote