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HomeMy WebLinkAboutExhibit 2Attachment A Scope of Services Penn Credit Corporation shall aggressively collect, at a minimum, the following types of delinquent accounts: • Burglar Alarm False Alarm (Police Dept) • Hydraulic Passenger Elevator Fees • Traction Passenger Elevator Fees • Certificate of Use/Fire Safety Permit/Supplemental Waste • Police Department — Miscellaneous Revenue • Parks and Recreation -- Miscellaneous Revenue • Public Facilities (Marinas) — Miscellaneous Revenue • Public Facilities (Manuel Artime) -- Miscellaneous Revenue • Public Facilities (Orange Bowl) — Miscellaneous Revenue • Pawn Shops & Second Hand Dealers (Police Dept) Fees • Private Haulers (Solid Waste Dept). • Occupational License Fee • Returned checks • Storm Utility • Solid Waste Fee (Interim) • EMS delinquent accounts • Any other accounts as determined by the City, including but not limited to, other departments, agencies, Trust(s), etc. The collection of taxes, parking and traffic citations are not included. It is the City's expectation that the cost to recover said outstanding delinquent debt is at the lowest possible cost to the City and at the greatest possible return. Aggressive efforts to collect are to be utilized by Penn Credit Corporation within legal guidelines. As a result, Penn Credit Corporation shall be responsible for an average success rate of at least 25% when considering all accounts. The success rate of collections will be reviewed by the City and Penn Credit on an annual basis, and should the success rate fall below this desired percentage without justified cause approved by the City, the City reserves the option to declare Penn Credit Corporation in default and terminate the contract, or to immediately reduce its compensation below the 15% of collections. The City will continue its normal collection procedures and upon being delinquent 90 days, accounts will be turned over for collection. However, the City reserves the right to implement other procedures or to turn over accounts earlier, or later, whenever the City deems this to be in its best interests. There shall be no expected monthly placements to Penn Credit Corporation, either in terms of numbers or dollars, as it is all dependent on the accounts that are delinquent. The receivables to be collected by Penn Credit Corporation are to be mailed to an address provided by the City. The City shall remit to the Penn Credit Corporation its fee(s) upon receipt of the collections generated by Penn Credit Corporation and following the 13 clearance of all checks for payment of the same; payment shall be made based solely upon the activities of Penn Credit Corporation to obtain monies owed from delinquent accounts. It should be noted that approximately 10% of the letters sent to debtors by the City result in a bad address and/or are returned by the postal service. Penn Credit Corporation shall be responsible to obtain the correct and current address to send letters to debtors. The City will not allow Penn Credit Corporation to deduct its fees from the receivables obtained from the collection of delinquent accounts. Should a debtor, based on the activities of Penn Credit Corporation, go directly to the Finance Department to pay the overdue fee, Penn Credit Corporation will get credit on all payment received in that manner. Penn Credit Corporation will be allowed to collect on accounts using credit cards, however, Penn Credit Corporation will not be allowed to pass on the credit card fee to the customer(s). The City uses a lockbox via the bank which transmits a file to the City on a daily basis. That file is used to update the City's records. Payments through the lockbox are communicated to Penn Credit Corporation on a monthly basis. No accounts with Liens placed against them will be forwarded to Penn Credit Corporation at this time. Penn Credit Corporation will be able to remit the collections on a net basis to the City. It will not have on-line access to the City's delinquent accounts. Penn Credit Corporation shall adhere to the Code of Ethics prescribed by the American Collection Association, the Florida Collection Association, or any other applicable billing/collection Associations, and shall abide at all times by the Fair Debt Collections Practices Act, and any other applicable law. Penn Credit Corporation shall provide all types of collection services currently being conducted by those experts in the industry, including "skip tracing" efforts. At this time, the City will allow Penn Credit Corporation to utilize any collection procedures or techniques authorized under City Code, State Law, or Federal Regulations. Penn Credit Corporation can use any legal means currently available for collections as provided for by law. The City will allow the debtor(s) to be reported to a Credit Bureau(s). The City and Penn Credit Corporation must mutually agree before any legal efforts, court costs, or other legal fees are incurred by Penn Credit Corporation; as such, Penn Credit Corporation must work closely in coordination with the Law Department and the Contract Administrator regarding any such accounts requiring legal action. Should any request(s) for any waiver(s) of debt by any party(s) be made, those requests shall be submitted to the Contract Administrator by Penn Credit Corporation and continue its collection efforts. Should the City deem that a waiver of payment(s) should be considered, it shall be addressed in a public forum by the City Commission. Penn Credit Corporation is highly encouraged to have an agent and/or an office in the South Florida area so that Penn Credit Corporation could respond to the City's requests expeditiously. Penn Credit Corporation shall additionally have established and maintain a toll -free 1-800 number to main office. Said toll free 1-800 number shall have staff immediately available who speak Spanish and/or Creole, should questions arise from Miami account holders. 14 Penn Credit Corporation shall be required throughout the duration of the contract to have and utilize professional bilingual collectors assigned to the City's account. A sufficient number of staff members who speak Spanish and/or Creole to meet the collection needs of the City must be provided, in order to effectively communicate with delinquent account holders and increase its collection efforts. At the expiration of any Contract period, Penn Credit Corporation shall fully cooperate with the City and submit all data on electronic disk to the City, at its request, on any accounts in the possession of Penn Credit Corporation at the time of Contract expiration, the status of those accounts, and collection efforts made to date per account. At the request of the City, Penn Credit Corporation shall document all of its efforts to collect on specific account(s). Reporting requirements of the City include the provision of the following types of reports: • Status Reports, on a quarterly basis, with a complete list in last name sequence of all open accounts indicating the status. • Client Reports, on a monthly basis, with a list in last name sequence of all payment since the previous report. For certain City accounts, the list shall be in the City assigned customer account number sequence or in any other format deemed necessary by the City. • A List of accounts against which collection efforts have begun, including recommended actions to be taken regarding problem collection accounts. • A Summary of receipts and other actions on accounts by month of assignment. • Referral Acknowledgment Reports, Recall Acknowledgment reports, Remittance Reports, Closed Reports, and Placement Collection Analysis Reports shall be submitted to the City. It shall be the responsibility of Penn Credit Corporation to provide all required reports in a format required by the City, and in the frequency required for the provision of all the above reports for auditing purposes. Penn Credit Corporation shall specifically indicate on each list the types of reporting system utilized and for which accounts. For example, for the Department of Police, the list of accounts should specify the collection efforts were for "Overdue Alarm Fees / Fines" for the Police Department. Additionally, Penn Credit Corporation shall meet with the Contract Administrator and other specified City personnel on at least a quarterly basis to discuss collection efforts taken to date and the status of specific accounts. The Parties agree that this contract shall require the following: • Penn Credit Corporation shall, within 10 days after execution of contract, prepare and submit to City for approval an Escalation Schedule that reflects the means by which Penn Credit Corporation will pursue the City's debtors at three different milestones — 90 days, 120 days and 150 days. • City shall transmit file within accounts 90 days old in an electronic format agreed upon by the City and Provider. 15 • Penn Credit Corporation shall direct all customer payments to City at an address designated by City's contact person. If any payment is forwarded to provider in error, such payment shall be forwarded immediately to City. Penn Credit Corporation shall ensure that City shall post payments to customer accounts. • City shall deliver to Penn Credit Corporation monthly reports that reflect the following: 1. Payments received 2. Adjustments made with explanation of adjustments 3. Status of accounts • City shall remit on a monthly basis the appropriate fee as determined per Section 5 of this Professional Services Agreement • City shall update the list of delinquent accounts (90 days & over) monthly • City shall notify all customers that accounts have been referred to Penn Credit Corporation. • Penn Credit Corporation shall include City's pre-printed payment return envelope in all customer correspondence. • Penn Credit Corporation shall deliver monthly progress reports to the City as to the status of each of the assigned accounts. • Penn Credit Corporation shall document all attempts of collection for each and every account. • Penn Credit Corporation shall focus extensive collection efforts and prioritize its attempts to collect delinquent EMS accounts. • Penn Credit Corporation shall have the authority to arrange with customer a payment schedule that will satisfy debt within one year, if necessary. Penn Credit Corporation shall not, however, have any authority to negotiate for satisfaction of debt at a lesser amount without prior written approval or consent of the City. • Should Penn Credit Corporation determine specific accounts are uncollectible, the file to be returned to the Contract Administrator must include all letters, memos, notes and all other information notating all attempts of collection and reason for turning it back as uncollectible. The City reserves the right to accept, or direct further collection attempts as necessary. 16