HomeMy WebLinkAboutRSI Enterprises Collection Agency ServicesCOLLECTION AGENCY SERVICES AGREEMENT
CITY OF FRESNO, CALIFORNIA
THIS NON-EXCLUSIVE AGREEMENT is made and entered into effective the 5th day of
May, 2009, by and between the CIN OF FRESNO, a California municipal corporation
(hereinafter referred to as'City''), and RSI Enterydses. Inc., an Arizona corporation (hereinafter
refected to as 'Collection Agency).
RECITALS
WHEREAS, City desires to obtain professional collection agency sere ces for those
accounts considered uncollectible by various City DeparlmentsDivisions including the Finance
Department — Utilities Billing and Collections Division and Business Tax Division, Fresno Police
Department, Fresno Fire Oepartmenl, Fresno Area Express, Department of Public. Utilities,
Fresno Yosemite International Airport and Chandler Executive Airport, hereinafter referred to as
the-ProjI and
WHEREAS, Collection Agency is engaged in the business of burdening technical and
expert services as a collection agency and hereby represents that it desires to and is
professionally and legally capable of performing the services called for by this Agreement: and
WHEREAS, this Agreement will be administered for City by its Finance Director
(hereinafter referred to as'Administratl or hisher designate.
AGREEMENT
NOW. THEREFORE, in consideration of the foregoing and of the revertants, conditions,
and premises hereinafter contained to be kept and performed by the respective parties, it is
mutually agreed as follows:
1. Scope of Services. Collection Agency shall perform to the satisfaction of City the
services described in Exhibit A, including all work incidental to, or necessary 10 perform, such
services even though not specHically described in Exhibit A.
2. Term of Acreement and Time for Pedprmenm. This Agreement shall be
effective from the date first set forth above ("Effective Date") and shall continue in full force and
effect through May 5, 2012, subject to any earlier termination in accordance with this
Agreement. The services of Collection Agency as described in Exhibit A are to commence
upon the Effective Date and shall be completed in a sequarica assuring expeditious completion,
but in any event, all such services shall be completed prior to expiration of this Agreement and
In accordance with any performance schedule set loan In Exhibit A.
3. Compensation.
fa) Collection Agencys sole compensation for satisfactory pertormance of all
services required or rendered pursuant to this Agreement shall be commissions based upon the
following collection fee miss:
• 20%Non -legal collection accounts
• 27% Legal collection accounts
Zero -percent (0%) commissions will be due to the Collection Agency for a 7 day
grace period from the date of amount assignment for any amounts schooled and
returned to the City within this time period.
Such collection fee rate Includes all costs and expanses Incurred by CONSULTANT In
performance of the services. For purposes of this section. "collection fee rate' shall mean the
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percentage of the total monies collected by Collection Agency from debtor on the respective
account. For purposes of this section, 'legal collection account" shall mean any delinquent debt
which all collection activity by the Collection Agency has been exhausted and litigation Is
needed to pursue recovery of the debt. All other collection accounts are 'non -legal"
(b) Detailed statements shall be rendered monthly for services perfomred in
the preceding month and will be payable In the normal course of City business. City shall not be
obligated to reimburse any expense for which it has not received a detailed invoice with
applicable copies of representative and identifiable receipts or records substantiating such
expense.
(c) The comes may modify this Agreement to increase or decrease the
sea" of services or provide for the rendition of services not required by this Agreement, which
modification shell Include an adjustment to Collection Agency's compensation. Any change In
the scope of services must be made by wntten amendment to the Agreement signed by an
authorized representative for each party. Collection Agency shall not be entitled to any
additional compensation if services are performed prior to a signed whiten amendment.
6. Termination Remedies and Force MAIM.
(a) This Agreement shall terminate "hour any liability of City to Collection
Agency upon the saner of: (i) Collection Agenays filing for protection under the federal
bankruptcy laws, or any bankruptcy petition or petition for receiver commenced by a third parry
against Collection Agency; Gill calendar days prior written notice with or without cause by City
to Collection Agency; (iii) City's non -appropriation of funds sufficient to meet its obligations
hereunder dunng any CRY fiscal year of this Agreement, or insufficient funding for the Project; or
(iv) explosion of this Agreement.
(b) Immediately upon any termination or expiration of this Agreement,
Collection Agency shall he immediately stop all work hereunder, (ii) Immediately cause any and
all of its subcontractors to cease work; and Gill return to City any and all unearned payments
and all properties and materials in the possession of Collection Agency that are owned by COY.
Subject to the terms of this Agreement, Collection Agency shall be paid compensation for
services satisfactorily Performed prior to the effective date of termination. Collection Agency
shall not be paid for any work or services pedanoetl or costs incurred which reasonably could
have been invented.
(c) In the event of termination due to failure of Collection Agency to
satisfacmnly peAorm in accordance with the terms of this Agreement, City may withhold an
amount that would otherwise be payable as an offset to, but not in excess of. City damages
used by such failure. In no event shall any payment by City pursuant to this Agreement
constitute a waiver by City of any breach of his Agreement which may then exist on the part of
Collection Agency, nor shall such payment impair or prejudice any remedy available to City with
respect to the breach.
(d) M1t. raped any breach of this Agreement by Collection Agency. City may
(i) exerctse any ng y (in contract, law or equity), or privilege which may be available to
it under applicable laws of the State of California or any other applicable law, (in proceed by
as orders courn action to enforce the terms of the Agreement; anNor pin recover all direct,
inTrect, consequential, economic and incidental damages far the breach of the Agreement. If it
is determined that City improperly terminated this Agreement for default, such termination shall
be deemed a termination for convenience.
(a) Collection Agency shall provide City with adequate whom assurances of
future performance, upon Administrators requesb in the event Collection Agency fails to comply
with any terms or conditions of this Agreement.
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A) Collection Agency shall be liable for default unless nonperformance his
caused by an occiumence beyond the reasonable control of Collecdon Agency and without As
fault or negligence such as, ads of God or the public enemy, acts of City in Its contractual
capacity, Area, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and
delays of common carriers. Collection Agency shall notify Administrator in writing as soon as R
a reasonably possible after the commencement of any excusable delay, setting forth the fall
particulars in connection therewith, and shall remedy such occurrence with all reasonable
dispatch, and shall promptly give written notice to Administrator of the cessation of such
occurrence.
5, Confidential Information and Ownership of Documents.
(a) Any reports, information, or other data prepared or
assembled by
Collection Agency pursuant to this Agreement shall not be made available to any individual or
organization by Collection Agency without the prior mitten approval of the Administrator. During
the term of this Agreement, and thereafter, Collection Agency shall not, without the poor written
consent of City, disclose to anyone any Confidential Information. The term Confidential
Information for the purposes of this Agreement shall Include all proprietary and confidential
information of City, including but not limited to business plans, marketing plans, financial
information, materials, compilations, documents, instruments, models, source or object codes
and other Information disclosed or submitted, olally, In writing, or by any other medium or
medla. All Confidential Information shall be and remain confidential and proprietary In City.
(b) Any and all writings and documents prepared or provdisd by Collection
Agency pursuant to this Agreement are the property of City at the time of preparation and shall
be turned over to City upon expiration or termination of me Agreement. Collection Agency shall
not permit the reproduction or use thereof by any other person except as otherwise expressly
provided herein.
(c) This Section 5 shall survive counse en or termination of this Agreement.
6. professional Skill. It Is further mutually understood and agreed by and between
the partles hereto that inasmuch as Collection Agency represents to City that Collection Agency
is skilled In the profession and shall perform in accordance with the standards of Tied pmtession
necessary to pedorm the services agreed to be done by it under this Agreement, City relies
upon the skill of Collection Agency to do and perform such services in a skillful manner and
Collection Agency agrees to thus perform the services. Therefore, anameptance of such
services by City shall not operate as a release of Collection Agency Lan said pmffandonal
standards.
7. Indemnification.. To the fudhest extent allowed by law. Collection Merl shall
or
to,
its
IT n agency snoop smcomrao em or any pomal or me services ro
this Agreement, Collection Agency shall require each subcontractor to Int
as and defend City and each of its oftioars, officials, employees, agents and
once with the terms of the contracting paragraph.
This section shall survive termination or expiration of but Agreement.
Run9m9m Poll
8. Insurance.
(a) Throughout the life of this Agreement, Collection Agency shall Pay for and
maintain in full farce and effect all insurance as required in Exhibit B or as may be authorized In
writing by Gry's Risk Manager or hiamer designee at any time and in Ascher sole discretion.
A) II at any time during the life of the Agreement or any resonance, Collection
Agency or any of Its subcontractors fail to maintain any required insurance in full tome and
affect. all services and work under this Agreement shall be discontinued Immediately, and all
payments due or that become due to Collection Agency shall be withheld until notice a received
by City that the required insurance has been restored to full force and effect and that the
premiums therefore have beenppaitl for a period satisfactory to City. Any failure to maintain the
required insurance shall be sudlcient cause for City to terminate this Agreement. No action
taken by City pursuant to this section shall in any way relieve Collection Agency of As
responsibilities under this Agreement. The phrase Tall to maintain any required insurance shall
include, without limitation, notification received by City that an insurer has commenced
proceedings, or has had proceedings commenced against it, indicating that the Insurer is
Insolvent.
(c) The fact mat insurance is obtained by Collection Agency shall not be
deemed to release or diminish the liability of Collection Agency, including, withat limitation,
liability under the indemnity provisions of this Agreement. The duty to indemnify City shall apply
to all claims and liability regardless of whether any Insurance policies are applicable. The policy
limits do not ad as a limitation upon the amount of indemnification to be provided by Collection
Agency. Approval or purchase of any insurance contracts or policies shall in no way relleve
man liability nor limit the liability of Collection Agency, its principals, officers, agents, employees,
persons under the supervision of Collection Agency, vendors, suppliers, invitees, consultants,
sub -con ultants, subcontractors, or anyone employed daw dy or indirectly by any of them.
(d) Upon request d City, Collection Agency shall immediately recall City
with a complete copy of any insurance policy required under this Agreement, including all
endorsements, with said copy canned by the underwriter to be a thus and correct copy of the
odglnal policy. This requirement shall surrrvvive expiration or ler nation of this Agreement.
to be performed Collection
A eemenh Collection subcontractshould all or any portion of the services
pa gr Agency shall require each subcontractor to
provide insurance protection In favor of City and each of Its officers, officials, employees, agents
and volunteers in decadence with the terms of this section, except that any required certificates
and applicable endorsements shall be on fife wlib Collection Agency and City prof to the
commencement of any war by the suborn motor
g. Conflict of Interest and Non-Salicliation.
(a) Prior to City's execution of this Agreement. Collection Agency shall
complete a City of Fresno conflict of interest disclosure statement in the foam a set font in
Exhibit C. During the been of this Agreement, Colleofbn Agency shall have the obligation and
duty to Immediately carry City in writing of any change to the information provided by Collection
Agency In such statement.
(fit Collection Agency shall comply, and require its subcontractors to comply.
with all applicable (i) professional canons and requirements governing avoidance of
impermissible client conflicts; and di) federal, state and local conflict of interest laws and
regulations Including, without limitation, Cairfomia Government Code Section 1090 at. seq., the
Cretonne Political Reform Ad (California Government Caere Section 87100 at. seq.) and the
regulations of the Fair Political Produces Commission concerning disclosure and disqualification
(2 California Code of Regulations Section 187M at. sect.). At any ems, upon wrden request of
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City, Collection Agency shall provide a written opinion of its legal counsel and that of any
subcontractor that, after a due diligent inquiry, Collection Agency and the respective
subcontractogs) are in full compliance with all laws and regulations. Collection Agency shall
take, and require its subcontractors to take, reasonable steps to avast any appearance of a
conflict of interest. Upon discovery of any facts giving rise to the appearance of a conflict of
interest, Collection Agency shall immediately notify City of these facts in writing.
(c) In performing the work or serncos to be provided hereunder, Collection
Agency shall not employ or retain the services of any person whlle such person either is
employed by City or is a member of any City co ncil, commission, board, committee, or similar
City body. This requirement may be waived In writing by the City Manager, if no actual or
potential conflict is involved.
(d) Collection Agency represents and warrants that it has not paid or agreed
to pay any compensation, contingent or otherwise, direct or Indirect, to aging or procure this
Agreement or any rightsibenefits hereunder.
(e) Neither Collection Agency, nor any of Collection Agency's subcontractors
performing any services on this Project, shall bid fa, assist anyone in the preparation of a bid
for, or parts" any services pursuant to, any other contract In connection with this Project
unless fully ueclnsed to and approved by the City Manager, in advance and in writing.
Collection Agency and any of its subcontractors shall have no interest, direct or indirect. In any
other contract with a third early in connection with this Project unless such interest is in
accordance with all applicable law and fully disclosed to and approved by the City Manager, in
advance and in writing. Notwithstanding any approval given by the City Manager under this
provision, Collection Agency shall remain responsible for complying with Section 9(b), above.
(f) If Collection Agency should subcontract all or any portion of the work to
be performed or services to be provided under this Agreement Collection Agency shall include
the provisions of this Section 9 in each subcontract and require its subcontractors to comply
therewith.
(g) This Section 9 shall survive expiration or terminated of this Agreement.
10. Recycling Proaam. In fire event Collection Agency maintalnsan office or
operates a facilaydre), or Is required herein to maintain or operate same, within to incorporated
limits of the City of Fresno, Collection Agency at its sole cast and expense shall:
(i) Immediately establish and maintain a viable and ongoing recycling program,
approved by City's Solid Waste Management Division, for each oRice and
facility. Literature describing City recycling programs Is available from City's
Solid Waste Management Division and by calling City of Fresno Recycling
Hotline at (559) 621-1111.
(III Immediately contact Citya Solid Waste Management Division at
(559) 6211452 and schedule a free waste audit, and cooperate wit such
Division in their conduct of the audti for each office and facility.
(1ii) Cooperate with and demonstrate to Ne satisfaction of Citys Solid Waste
Management Deficit the establishment of the recycling program in
paragraph (i) above and the ongoing maintenance tend.
11, General Terms.
(a) Except as otherwise provided by law, all notices expressly required of
City within to body of this Agreement, and not otherwise speodically provided for, shall be
ROT 9010 Page 5
effective only it signed by the Administrator or hismer designee.
(b) Records of Collection Agency's expenses pertaining to the Project shall
be kept on a generally recognized accounting basis and shall be available to City or
authorized representatives upon request curling regular business hours throughout the life of
this Agreement and for a period of three years after final payment or, g longer, for any pedotl
required by law, In addition, all books, documents, papers, and records of Cdlection Agency
pertaining to the Project shall be available for the purpose of making audits, examinations,
excerpts, and transcriptions for the same period of time. This Section 11(b) shall survive
expiration or termination of this Agreement.
12. Nondiscrimination. To the extent required by controlling federal, stale and local
law, Collection Agency shall not employ discriminatory practices In the provision of services,
employment of personnel, or in any other respect on the basis of race, religious creed, color,
national origin, ancestry, physical dismally, mental disability, medical condition, marital status,
sex, age, sexual orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam
ere. Subject to the foregoing and during the performance of this Agreement, Collection Agency
agrees as follows:
(a) Collection Agency will comply with all applicable laws and regulations
providing that no person shall, on the grounds of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, marital status, sex, age, sexual
orientation, ethnicity, status as a disabled veteran or veteran of the Vietnam era be excluded
from participation In, be denied the benefits of, or be subject to discrimination under any
program or activity made possible by or resulting from this Agreement.
Collection Agency will not discriminate against any employee
lose of race, religious creed colon national origin, social
ability, medical condition, mental status, sex, age, sexual
disabled veteran or veteran of the Vietnam era. Collection
Is are employed, and the employees are treated during c
r race, religious creed, colon national origin, ancestry, physic
Icaul condhio, marital status, sex, age, sexual orientation, ethi
or veteran of the Vietnam era. Such requirement shall apply I
It practices Including, but hot be limited to. the followman c
(c) Collection Agency will, in all eollditalions or advertisements for employees
placetl by or on behalf of Collection Agency in pursuit hereof, state that all qualified applicants
will receive consideration for employment without regard to race, religious creed, color, national
origin, ancestry, physical disability, mental disability, medical condition, marital status, sex, age,
sexual Orientation, ethnicity, status as a disabled veteran or veteran at Me Vietnam era.
(d) Collection Agency will $antl to each labor union or representative of
workers with which it has a collective bargaining agreement or other contract or understanding,
notice advising such labor union or workers' representatives of Collection Agency's
commitment name this section and shall post copies of the notice in conspicuous places
available to employees and applicants for employment
13. Independent Contractor.
(a) In the furnishing of the services provided for reach, Collection Agency is
soling solely as an independent contractor. Neither Collection Agency, nor any of its officers,
aF1,9010 Page
agents or employees shall be deemed an officer, agent, employee, joint venturer, partner or
associate of City for any purpose. City shall have no right to control or supervise or direct Ne
manner w method by which Collection Agency shall perform Its work and functions. However,
City shall retain the right to administer this Agreement so as to verity that Collection Agency Is
performing its obligations in accordance with the terms sort conditions thereof.
(b) This Agreement pope not evidence a partnership or joint venture between
Collection Agency and City. Collection Agency shall have no augiority to bind City absent City's
summer written consent. Exrept to the extent aNervnseprovided In this Agreement, Collection
Agency shall hear Its own costs and expenses In pursuit thei
as of its status as an independent contractor, Collection Agency
employees shall have absolutely no right to employment rights antl
Iployees. Collection Agency shall be solely liable and responsible
holding and for providing to, or on behalf of. Its employees ail
I, without limitation, heal welfare and rendsome benefits. In
[her obligations under this Agreement, Collection Agency shag be
Tfy defend and save Clty harmless from all matters relating to
tling for and payment of Collection Agency's employees, including,
nce with Social Security art unemployment insurance withholding,
creation benefits, and all other laws and regulations governing
Iding, taxes and payment and het any claim of fight or interest In
entitlements, programs and/or funds offered employees of City
any common law, de facto, leased, or cc -employee rights or other
that during the tern of this Agreement, Collection Agency may be
isolated! to City or to this Agreement.
14. Notices. Any notice required or intended to be given to either party untler the
terms of this Agreement shall be in writing and shall be deemed to be duly given if dellvered
personally, transmitted by facaim[le followed by telephone confirmation of receipt or sent by
United States registered or certified mail, with postage prepaid. return receipt requested,
addressed to the parry to which notice is to be given at the party's address set forth on me
signature page d this Agreement or at such other address as the parties may from time to dme
designate by written notice. Notices served by United States mail In the manner above
described shall be deemed sud[clendy served or given at the time d me marine thereof.
15. [ground Subject to Section 16, below, once this Agreement is signed by all
parties, it shall be binding upon, and shall Inure to the benefit of, all parties, and each parties'
respective heirs, successors, assigns, transferees, agents, servants, employees and
representatives.
16. Asslonment.
(a) This Agreement Is personat to Collection Agency and there shall be no
assignment by Collection Agency of as rights or obligations under this Agreement without the
prior written approval of the City Manager or Hamer designee. Any attempted assignment by
Collection Agency, its successors or assigns, shall be null and void unless approved In writing
by the City Manager or archer designee.
(h) Collection Agency hereby agrees not to assign me payment of any
monies due Collection Agency from City under the terms of this Agreement to any other
Indlvlduatiff. comanaion(s) or en1[ty(ies). City retains the right to pay any and all monies due.
Collection Agency directly to Collodion Agency.
17. Compliance With Law. In providing to services required under this Agreement,
Collection Agency shall at all times comply with all applicable laws of the United States, me
aFP 9010 Page
State of California and City, and with all applicable regulations promulgated by federal, slate,
e act q issued or amended during the arm ofytFsAgreemenW to force and s they may be
16, Waiver. The waiver by either party of a breach by the other of any provision of
this Agreement shall not constiMe a continuing waiver or a waiver of any subsequent breach of
of
No previsions of this Agreement may
that the same or a different provision of this Agreement.
be waived unless in writing and signed by all parties to this Agreement Waiver of any one
provision herein shall nm be deemed to be a waiver of any other provision herein.
19 a d Venue. This Agreement shell be govemed by, and
construed and enforced in accordance wdh, the laws of the State of California, excluding,
however, any conflict of laws role which would apply the law 01 another junsdicllon. Venue for
purposes of the filiof ng duff s hereuaction nder)ng the shalt be FresnoeCounty,ent rCalifornratalion of this
Agreement and any ng
20. Heetlinrys The section headings in this Aggrreement are Iain. for con oconvenience or the
and
reference only antl shall not be construed or held in lady Y explain.
interpretation or meaning of the provisions of this Agreement.
21. Severii ility. The provisions of this Agreement are severable. The invalidity, On
unenforceability of any one provision in this Agreement shell not aHeG the other provisions.
22, t relation. The prudes acknowledge that the Agreement in its final form is
the result of the combined efforts
an of the such ambiguity shalarties and that, l nalld abe provision of this reresolved by construingsthis
be ee a to n f ambiguous In any way,
Agreement In favor of or against either party, but rather by constming the temus in accordance
with their generally accepted meaning.
23. Att men's Fees. if either parry is required to commence any proceeding or legal
vailing
action to enforce or interpret any term, covenant or wntiver f trof this Agreement, the pre am the other party its reasonable
pain such proceeding or action shall be entitled to remover
attorney's fees and legal expenses.
referenc24, Exhibits. e, into posted Into end exhibit aade apan of thisent Agreement.ed in rods Agreement Is, by the
25. Precedence of Documents. In fine event of any conflict between the body of this
he terms and
f this
Agreement Ei shallaconfrol )antl take precedence over the terms and condition hone sexpressed he body owithin
Agreement an terms or conditions contained within any Exhibit or
the Attachment
hereto which
Furthermore, m, y
fotrawihin the body of this Agreement,a Illbe null land oidocation f risk between the penis, provltled
26. G C Remed gir No remedy or election hereunder shall be deemed
exclusive but shall, wherever posslWe, be cumulative with all other remedies at law or in equity.
27. hitoThund Party "not a'es. The rights, Interests, duties and obligations defined
thin this Agreement a intended for the specific parties hereto a in
in the preambleOf
this Agreement. Notwithstanding anything stated to the tonna n this Agreement,
it Is et
intended that any lights or Interests in this Agreement benefit or flow to the interest of any third
paths.
28. Imaged f A reement. Each paM acknovAerges that they have read and fully
understand the contents of this Agreement. This Agreement represents the entire antl
Integrated agreement between the parties wre respect to the subject matter hereof and
Page 8
aFP 9030
supersedes all prior negotiations, representations or agreements, either written or now. This
Agreement may be modified only by written Instrument duly authorized and executed by both
Clry and Collection Agency.
IN WITNESS WHEREOF, the parries have executed this Agreement at Fresno,
California, the day and year first above wagon.
CRY OF FRESNO,
a California municipal corporation
A
K BJadley
Inten Qty Controller
ATTEST:
REBECCA E. KLISCH
city Cle
By: L
u0puty t//V/o9
APPROVED AS TO FORM:
JAMES C,SANCHEZ
City Afiomay
By. an A.
L
Algier Vale,
Sepmr Depary
Addresses
City:
City of Fresno
Ann: Karen M Bradley, Interim Clty Controller
2600 Fresno, Street, Room 2157
Fresno, CA 93721
Phone: (559)621-7048
FAX: (559)621-4636
Attachments:
Exhibit A Scope of Services
Exhibit B - Insurance Requirements
Exhibit C - Conflict of Interest Disclosure Form
RSI Enterpnses, Inc.,
an Arizona corporations
By:
Name: Christian P. Ulrich
Title: Feel CEO
(if corporation or LLC, Board
Chane Pres. or Vice Pres.)
By:
Name T Mf i
TRIe: Far lir-. > s�
(if wrporation or LLC, CFO,
Traesurar, Secretary or
Assistant Secretary)
Collection Agency
RSI Enterpnses, Inc
Attention'. Christman P. Ulrich, President, CEO
5440 West Northern Avenue
Glendale, AZ 85301
Phone: IBM)854-4904
FAX (602) 627-2338
R!"9010 Page
Exhibit A
SCOPE OF SERVICES
Collection Agency Service Agreement between City of Fresno ("City")
and RSI Enterprises, Inc. ("Collection Agency')
COLLECTION AGENCY SERVICES FOR VARIOUS CITY DEPARTMENTS
kri
General
1. Provide collection services for unpaid and delinquent accounts receivables for fire
following:
Business taxes
• Utilities billing
• Contract taw Enforcement Services, DUI accounts (Business Office) and
emergency board -ups
• Airport activity and fixed rent
• False alarms
• Non -sufficient fund returnetl checks for various departments
• Illegal fireworks citations
• Other accounts as assigned
2. Accounts may consist of multiple charges far a variety of services peRonned or
assessments made.
3. Assignable accounts will be retained by me City for a period of b6 months expanding on
the type of account If the We collection efforts are not successful, the accounts will be
assigned to Collection Agei
4. Internet or Web Access is the preferable method for account assignment and account
status inquiry.
5. Collection Agency shall not have full rights to the accounts. All information proNded to the
Collection Agency shall be used solely for the purpose of collection and may not be
provided to any outside agency, business or person without the written consent of the City.
6 Collodion Agency will provide an acknowledgement of amounts placed with the Collection
Agency within five (5) days of receipt from the City.
7- City shall provide copies of documentation as required by the Collection Agency to respond
to debtor's requests. City will make every effort to provide all Sequent Information to the
Collection Agency.
6. No litigations or compromised sre lements of assigned accounts Shall be made by
Collodion Agency without express written consent of the City.
9. Collection Agency shall make contacts with delinquent accounts under the name of the
Collection Agency.
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10. The Collection Agency shell designate a manager for the Chia account, who will be the
City's primary contact at the Collection Agency.
11. The Collection Agency shall be solely responsible for any casts whatsoever incurred for
collections on accounts referred to it for collection, inclutling, but not limited to all Posts,
lees and charges for litigation involved vnM collection adivities.
Reports and Inquiry
12. Collectlon Agency shall submit wmen status reportson all accounts on a monMly basis by
type of receivable. Reported data should Source a summary and detail aging report with
information for each account inclutling: original balance, current balance, money received,
charges waived, Interest charged, and date of last payment. Afinancial summery will also
W required showing "pend to date' and 'year to tate" totals for pertinent information such
az: Receipts, net accounts receivable, total amounts receivable and collection percentage.
13. A year-end report as of June 30th, should be provided annually to include a detailed listing
of all accounts by type; detailed listing of all accounts closed In the past year by type; detail
of all activity by amount in past year by type; summary d all Me above reports.
Collection Activities
14. Collodion Agency shall conduct skip tracing and asset searches on delinquent amounts.
15. Collection Agency must have the ability to report uncollected amounts to the major credit
bureaus. At the time that the account is assigned for collection, the City will advise the
Collection Agency g credit bureau reporting Is prohibited for that account. All reporting shall
be in accordance will all applicable Federal, State laws inclutling, but not limited to the Fair
Debt Collection Practices Act, Federal Equal Credit Opportunity Act, Regulations and Me
Consumer Credit Protection Act.
16. At the request of the City, the Collection Agency shall remove an account notllication from
all affected bureaus and provide a copy of that notification from all affected bureaus to the
City. The City requires Mat accounts be cancelled from each credit bureau upon request of
the City.
17. The City is customer service oriented and firmly believes In a positive approach In dealing
with debtors. The. Agency shall not use tactics that may be interpreted as harassment or as
demeening or that may reflect party on the City's efforts.
18. The City requires the Collodion Agency to exercise high ethical standards in their collection
philosophy and techniques. The Collection Agency shall model its coolecgon business In a
professional manner, which will preserve Me dignity of the City and its relationship with its
dtlzens.
19. The City will provide guidance on the conduct of the collection Persian as it will reflect on
Me City's policies and reputation.
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20. If In the discretion of the City, it is deemed that the Collection Agency has acted in an
Improper, unethical or illegal crammer the City may require that all accounts be returned to
the City immediately.
21. The Collection Agency shall meet annually wit to City to discuss all services and discuss
prior years results.
22. The City would like the Collection Agency to consider having accounts which are collected
by to agency whin 30 days of receipt from the City to be returned to the City at I am or a
discount from the final collection percentage.
23. The City may recall an account or reducelamend the amount due on any case at any time.
Recalled accounts will not be subject to collection fees. Collection fees for
reducedlamended accounts will be based upon to reduce comended balance.
24. The Coy adds a collection fee to all accounts sent to collections and may request the
Collection Agency to also charge for delinquent tees once sent to the Collection Agency as
allowed by City ordinance.
25. The Collection Agency shall remit to the City all monies collected, less rejection tees, with
a report including account name, account number, City Department, amount collected and
amount of collection fees.
Uncollectible Accounts
26. The City requires that all accounts not collected upon within 6 months to be returned to the
City with a record of efforts to collect and explanation of why the account is deemed
uncollectable..
27. The Collection Agency shall repos annually on June 30�" 10 to City all accounts deemed
by it to be uncollectible by July 19, along with reasons wiry the accounts uncolleca la
and actions taken to attempt the collodion.
Training
26, The Collection Agency may be asked to periodically provide teaming to the City and other
department staff at no cost. The Collection Agency should also provide recommendations
on him the City can reduce Inure bad debt. The Collecoul Agency should consider
providing updates to the City on changes In state and national laws related to credit and
collectlons including any Agency newsletlers, it available.
FUT vil Page3 of 3
Exhibit B
INSURANCE REQUIREMENTS
Collection Agency Service Agreement between City of Fresno ("City")
and RSI Enterprises, Inc ("Collection Agency")
COLLECTION AGENCY SERVICES EOR VARIOUS CITY CEPARTMENTS
cr T L
Minimum Scope of Insurance
Coverage shall be at least as broad as:
1 The most current version of Insurance Services Office (ISO) Commercial General
Liability Coverage Form CG 00 01, which shall include insurance [or "bodily
'mjury," "property damage" and -personal and advertising injury" with coverage for
premises and operations, products and completed operations, and contractual
(lability.
2. The most current version of Insurance Service OVIce (ISO) Business Auto
Coverage Form CA 00 01, which shall include caveaga for all owned, hired and
non -owned aummobiles or other Ilcensed vehicles (Code 1 � Any Auto).
3, Workers' Compensation insurance as required by the Califomia Labor Coda and
Employer's Liability Insurance.
6. Professional Liability (Erroll and Omissions) insurance appropriate to Collection
Agency's profession.
Minimum Limits of Insurance
Collection Agency shall maintain limits of (lability of not less than:
1. General Liability_
$1,000,00 per occurrence for bodily injury and property damage
$1,000,000 per occurrence for personal and aMedising injury
$2,000.000 aggregate for products and completed operations
$2,000,000 general aggregate applying separately to the work Wormed under
the Agreement
2, Automobile Liability:
$1,00,000 per accident for bodily injury and property damage
3. Employers Liability:
$1,000.000 each accident for bbEily injury
$1,000,000 disease each employee
$1,000,000 disease policy limit
0. Professional Liabiliry(Emirs and Omissions)
$1,000,000 per clatmlOccurrence
$2,00,000 policy aggregate
109 9030 Page l of 3
Umbrellas Excess Insurance
In the event Collection Agency purchases an Umbrella or Excess insurance policyfles) to meet
the "Minimum Limits of Insurance; this Insurance policy(ies) shall tallow form" and afford no
lass coverage than the primary insurance policylied.
Deductibles and Self -Insured Retentions
Collection Agency shall be responsible for payment of any deductibles contained in any
insurance polices required hereunder and Collection Agency shall also be responsible for
payment of any self-insured retentions. Any deductibles or settinsured retentions must be
declared to, and approved by, the City's Risk Manager or hismer designee. At tits option of the
C 'a Risk Manager or hislher designee. either if the insurer shall reduce or eliminate such
deductibles or sell insured retentions as respects City, its officers, officials, employees, agents
and volunteers; or fit) Collection Agency shall provide a financial guarantee, satisfactory to
City's Risk Manager or his/her designee, guaranteeing payment of losses and related
investigations, claim administration and defense expenses. At no time shall City be responsible
for the payment of any deductibles or seffunsured retentions.
Other Insurance Provisions
Th Gart Liability and Automobile I insurance poses are to contain, or be endorsed
to contain, the following provisions
I. City, its officers, officials, employees, agents and volunteers are to be covered as
additional insureds.
2. The coverage shall contain no special limitations on the scope of protection
afforded to City, Its officers, officials, employees, agents and volunteers,
3. Collodion Agency's insurance coverage shall be primary and no conduction
shall be. required of city.
The Workers' C ( policy is to contain, or be endorsed to contain, the
following provision: Collection Agency and Js insurer shall waive any right of subrogation
against City. Its officers, officials, employees- agents and volunteers.
If the Proftessaind full (Emas and O 'sslonsl'nsmance octcv is Written on a craime-made
form:
I The "Retro Date" must be shown, and must be before the effective date of the
Agreement or the commencement of work by Collodion Agency.
2. Insurance must be maintained and evidence of Insurance must be provided for at
least 5 years after any expiralion or termination of the Agreement or, In the
altemative, the policy shall be endorsed to provide not less than a 5 -year
discovery period This requirement shall survive expiration or termination of the
Agreement.
3. if coverage is canceled or non -renewed, and not replaced with another
claims made policy torte with a "Heirs Date' prior to the effective dale of the
Agreement, Collection Agency must purchase "extonded reposing coverage for
a minimum of 5 years following the expiration or termination of the Agreement.
RIFIp all Page 2 of 3
4. A copy of the claims. reporting requirements must be succeed to City for review
5. These requirements shall survive expiration or terminatlon of the Agreement.
All policies of Insurance required hereunder shall be endorsed to provide that the coverage shall
not be cancelled! non -renewed, reduced in coverage or In limits except after M calendar day
written notice by credited mail, return receipt requested has been given to City. Upon issuance
by the insurer, broker, or agent of a notice of cancellation, non -renewal, or reduction In
coverage or in limits, Collection Agency shall furnish City with a new certificate and applicable
endorsements for such policy(ies). In the event any policy is due to expire during the work to be
performed for City. Collection Agency shall provide a now certificate, and applicable
endorsements, evidencing renewal of such policy not less than 15 calendar days poor to the
expiration date of the expiring policy.
Acceptabllity of Insurers
All policies of Insurance required hereunder shall be placed with an insurance companyhe9)
admitted by she California Insurance Commissioner to do business in the State of California and
rated not less than -A-VII" in Best's Insurance Rating Guide; or authorized by Cr" Risk
Manager.
Verification of Coverage
Collection Agency shall furnish City with all condicate(s) and applicable endorsements
effecting coverage required hereunder. All certificates and applicable endorsements are to be
received and approved by the City's Risk Manager or rubber designee poor to City a execution
of the Agreement and before work commences.
I year Page 3 of 3
Exhibit C
DISCLOSURE OF CONFLICT OF INTEREST
COLLECTION AGENCY SERVICaESSEFOi VARIOUS CITY DEPARTMENTS
0 Additional pages) attached.
Signature
Christian P. Uldch
(name)
RSI Enterobses Inc.
(company)
5440 West Northern Ave.
(address)
Glendale AZ 85301
(city state of
Joni Page 1 of I
YES'
NO
I
Are you currently in litigation with the City of Fresno or any of its
❑
agents?
2
Do you represent any firm, organization or person who is in
❑
litigation with the City of Fresno?
3
Do you currently represent or perform work for any clients who do
❑
business with the City of Fresno?
4
Are you or any of your principals, managers or professionals,
owners Or Investors In a business which does business wth the
❑
City of Fresno, or in a business which is In litigation with the City of
Fresno?
5
Are you or any of your principals, managam or professionals,
related by blood or marriage to any City of Fresno employee who
Li
any significant role in the subject matter of this service?
6
Do you or any of your subcontractors have, or expect to have, any
Interest, direct or indirect, in any other contract In connection with
❑
this Project?
If the answer to any question is yes, pleaseexplain in full below,
0 Additional pages) attached.
Signature
Christian P. Uldch
(name)
RSI Enterobses Inc.
(company)
5440 West Northern Ave.
(address)
Glendale AZ 85301
(city state of
Joni Page 1 of I