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HomeMy WebLinkAbout4.05 A/R Collections&Write-OffProcdrs e . CITY OF DUBLIN AGENDA STATEMENT CITY COUNCIL MEETING DATE: July 26, 1993 SUBJECT: Accounts Receivable - Collection Agency Services and Account Write-Off Procedures (Prepared by: Stan Stephens, Financial Consultant) 1. /~esolution Approving Proposed Agreement 2. ~Excerpts From Proposal Submitted By Commerce Collections 3. / Resolution Establishing Procedures for Accounts Receivable write-Offs EXHIBITS ATTACHED: RECOMMENDATION:~ ~ 1. 2. Adopt Resolution approving Agreement for Collection Agency Services and authorize Mayor to execute the agreement. Adopt Resolution establishing procedures for write-off of uncollectible accounts receivable. FINANCIAL STATEMENT: The costs of proposed collection agency services will vary, depending on the number of accounts submitted and which level of service is used: precollection letter service will cost $4.00 per account; direct collection service will be 40% if litigation is not required. If litigation is required 50% of the collections are retained by the collection agency. During Fiscal Year 1993-94, Staff estimates 150 accounts, mostly Driving Under the Influence (DUI), will be referred for letter service at a cost of $600. Adequate funds should be available in the Administrative Services Contract Services budget. If one-third of these accounts are successfully collected additional revenue would approximate $6,600. DESCRIPTION: Collection Agency Services In accordance with City Council direction Staff mailed Requests For Proposals (RFP's) for collection agency services, to six firms on April 27, 1993. All five of the firms which responded appear to be qualified to act as collection agents. The levels of services and costs varied considerably. The RFP requested two levels of service: (1) a precollection letter service, which basically is intended to show we intend serious collection effort; and (2) a formal collection service where assets are found and attached: The precollection letter service would generate the most revenue and is primary in Staff's evaluation of proposals. It is also important that the firm carefully follow the law and have eJq>erience with other governmental, or quasi-governmental entities. Direct collection services are much more expensive and would be pursued as a_last resort. Commerce Collection, Ltd. (Livermore) had the best proposal for Uletter services." Commerce Collection would do two letters for $4.00 an account. The firm will take any 'accounts submitted up to the four year statute of limi tation without minimums as to dollar amounts or number of accounts. They will do formal collection, at the direction of the City, for 40% of collections or 50% if litigation is involved. Although one firm did offer to provide a single letter at no charge, Staff recommends the Commerce Collection proposal because of the greater emphasis on letter service (two letters) before going to the more expensive formal collection service. The letters, on their letterhead, would be far more compelling than monthly statements from the City, but would be relatively inexpensive. The letter directs the customer to make payment directly to the City of Dublin. All accounts to be submitted for collection agency services would include only those which have been billed at least twice over a sixty day period and have not paid or contacted Staff regarding potential payment. Hence, all collections from this source would be revenue which would not otherwise be collected. COPIES TO:Linda Schneider, Commerce Collections, Ltd. ~'IO.A.7 CITY CLERK FILE~ e, . Commerce Services viacom. clients. Collections has provided similar services for: Dublin San Ramon District, City of Livermore, City of Salinas, Pacific Bell and Staff received favorable comments from other public agency status Of Accounts Receivable Tn addition to providing a cost effecti ve means to recei ve additional revenue, the use of a collection service will also result in a more effective use of Finance Department Staff. with the limited City Staff available, it is difficult for the City to fOllow-up directly on each and every delinquent account. At the current time there are approximately 114 unpaid accounts, which may be suitable for collection services (i.e. the statute of limitations has not run and the City billing process has not resulted in any response.) Approximately 89 of these accounts relate to emergency response to incidents invol ving a dri ver who was under the influence. Approximately 25 of the accounts are for miscellaneous fees and charges including: payments for services where the check was returned for insufficient funds; damage to public property, etc. This analysis does not include development fee accounts which may be past due. Staff will be working with the Development Services Departments to update records as to the status of projects, and the basis for any fees which are past due. This effort will be necessary in order to determine the extent of actual past due amounts in~-this category and a determination of the most cost effective means to collect development fees owed to the city. Tn cases were an amount past due relates to public damage, the City will need to perfect the claim, prior to sending it to the collection agency. This may involve the filing of a small claims court action in order to obtain a judgment. Staff is also evaluating a program in which the State Franchise Tax Board will garnish state Tax Refunds and Lottery winnings, on behalf of a'public agency which has a legal judgment. Since this program requires certain personal information about the indi vidual, addi tional information would need to be solicited through the small claims process. Staff will evaluate the most cost effective means of collection, in the event that more than one process becomes available. Procedures for Accounts Receivable write-Off The City's Finance Division maintains a detailed, aged accounts receivable record of a variety of charges billed to individuals and businesses. No formal policy has been previously established for those accounts which are found to be uncollectible. While no state or local codes provide guidelines for write-off of such accounts, generally the statues of limitations on receivables is four years, except where otherwise provided (DUT charges have a two year limitation under the Code of civil Procedures). To effectively purge the receivable files of accounts, Staff recommends that accounts determined to be uncollectible (exceed statute of limitations, bankrupt, skip, not traceable, etc.) should be written off onc~ approved by the following level of authority: 1. Up to $200 per account - approval of the Assistant City Manager / Administrative services Director. 2. Over $200, up to $500 - based upon the recommendation of the Assistant City Manager / Administrative Services Director, and with the approval of the City Manager. 3. Over $500 - based upon the recommendation of Staff, and upon the approval of the City Council. Staff have prepared a Resolution (Exhibit 3), which would provide for the implementation of these procedures. Staff recommends that the City Council adopt the Resolution approving the agreement with Commerce Collections and the Resolution approving a "Write - Off" procedure. e e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ***************** APPROVING AN AGREEMENT FOR COLLECTION AGENCY SERVICES AND AUTHORIZING THE MAYOR TO EXECUTE THE AGREEMENT ON BEHALF OF THE CITY OF DUBLIN WHEREAS, the City Council of the city of Dublin is desirous of engaging collection agency services to enhance City revenues and adequately pursue collection of inactive accounts receivable; and WHEREAS, city staff has requested," received and analyzed proposals from five providers of collection agency services; and WHEREAS, Commerce COllection, Ltd., of Livermore has proposed services and charges which staff believes best meet the City's requirements and has prepared a contract covering said services and charges. NOW, THEREFORE, BE IT RESOLVED that the city council of the city of Dublin does hereby approve the attached agreement (Exhibit A), with Commerce COllection, Ltd. BE IT FURTHER RESOLVED that the Mayor is authorized to execute the agreement. PASSED, APPROVED AND ADOPTED this 26th day of July, 1993. AYES: NOES: ABSENT : ABSTAIN: Mayor ATTEST: City Clerk SS/lss a:ResoCo1.agenda#13 EXHIBIT 1 e e CONTRACT FOR COLLECTION AGENCY SERVICES THIS AGREEMENT is made at Dublin/ California, as of July ____, 1993/ by and between the CITY OF DUBLIN, a municipal corporation ("CITY"), and Commerce Collections, Ltd. ("CONTRACTOR"), who agree as follows: 1. SERVICES. Agreement, Exhibit A. and in the Subject to the terms and conditions set forth in this CONTRACTOR shall provide to CITY the services described in CONTRACTOR shall provide said services at the time, place manner specified in Exhibit A. 2. PAYMENT. CITY shall pay CONTRACTOR for services rendered pursuant to this Agreement at the time and in the manner set forth in Exhibit B. The payments specified in Exhibit B"shall be the only payments to be made to CONTRACTOR for services rendered pursuant to this Agreement. CONTRACTOR shall submit all billings for said services to CITY in the manner specified in Exhibit B; or, if no manner be specified in Exhibit B, then according to the usual and customary procedures and practices which CONTRACTOR uses for billing clients similar to CITY. 3. FACILITIES AND EOUIPMENT. CONTRACTOR shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 4. GENERAL PROVISIONS. The general provisions set forth in Exhibit Care part of this Agreement. In the event of any inconsistency between said general provisions and any other terms or conditions of this Agreement, the other term or condition shall control insofar as it is inconsistent with the general provisions. 5. EXHIBITS. All exhibits referred to herein are attached hereto and are by this reference incorporated herein. 6. eONTRACT ADMINISTRATION. This Agreement shall be administered by the CITY'S Administrative Services Director ("ADMINISTRATOR"). All correspondence shall be directed to or through the ADMINISTRATOR or his or her designee. 7. NOTICES. Any written notice to CONTRACTOR shall be sent to: Commerce COllections, Ltd. 111 Lindbergh Ave., Suite D Livermore, CA 94551-2798 Any written notice to eITY shall be sent to: Administrative Services Director CITY of Dublin 100 civic Plaza DUblin, CA 94568 EXHIBIT A. "0 .; i'\e.~\\J \\~ e e contract for Collection Agency Services Page 2 July 22, 1993 Executed as of the day first above stated: CITY OF DUBLIN a municipal corporation By Peter W. Snyder, Mayor Attest: City Clerk By Commerce Collection, Ltd. Linda Schneider, Client Representative Approved as to form: Elizabeth silver City Attorney SSjlss a:628ColAg.finance#1 e e Contract for Collection Agency Services Page 3 July 22, 1993 EXHIBIT A SCOPE OF SERVICES The CITY desires the CONTRACTOR to undertake collection services of the CITY'S accounts recei vable and other evidences of indebtedness in the manner set forth below: precollection Letter Service Accounts/debtors referred to the CONTRACTOR by the city, for this service, will be sent two (2) courtesy letters l4 days apart from each other. Account/debtor will be instructed to pay the CITY directly. When 30 days has expired, the account/debtor wlI1 be transferred to the direct collection process, unless the CITY'S Administrator directs the CONTRACTOR otherwise. 1. Accounts/debts become the sole responsibility of the CONTRACTOR. 2. Any billing or service charges on behalf of the CITY will be suspended. 3. Accounts/debtor contact with the CITY will be referred to the CONTRACTOR. 4. The CONTRACTOR shall have the authority to receive payment in cash, check or money order on accounts/debts referred to CONTRACTOR. CONTRACTOR shall have authority to endorse checks, drafts, money orders and other negotiable instruments which may be received in payment of said accounts. 5. The CONTRACTOR shall use all legal means to affect collection of all accounts/debts, such as letters, telephone calls and notices. 6. The CITY reserves to itself the decision whether its claims shall be placed in litigation. In the event all ordinary and reasonable collection efforts fail, the CITY may authorize the CONTRACTOR to commence litigation in the CITY'S name. The CONTRACTOR agrees to advance all necessary legal costs. 7. The CONTRACTOR may forward any of the CITY'S claims to another collection agency if the account/debtor has moved from the general business area of the CONTRACTOR. The CITY reserves to itself the decision whether the forwarded claim shall be put into litigation. e - Contract for Collection Agency Services Page 4 July 22, 1993 8. All expenditures to affect collection of accounts/debts shall be borne by the CONTRACTOR, including attorney's fees and filing costs expended on claims/debts specifically authorized for civil suit. 9. The CITY agrees that a record of each account assigned to the CONTRACTOR may be placed with a credit reporting agency for inclusion in the individual credit file and reported as a derogatory item for the times prescribed in the Federal Fair Credit Reporting Act. The CITY reserves the right to remove any item from a credit file by notifying the CONTRACTOR and reporting the inclusion of the item as being the CITY'S error. 10. The CITY may require the CONTRACTOR to return specific accounts that have not been collected within a reasonable length of time, providing they are not in active process of collection as defined by the Business and Professions Code of the State of California. The CITY may also require the CONTRACTOR to return specific accounts which may have been assigned in error within a reasonable period of time after assignment. ll. The CONTRACTOR shall remit all monies, less fees due, collected the previous month and a report shall be given to the CITY no later than the 15th of the month following the close of the previous month. All monies due the CITY shall be remitted in full with a statement of each collection, showing names in alphabetical order. The debtor's name, account number, date collected, amount collected, whether paid to the CITY or paid to the CONTRACTOR, fee due the CONTRACTOR and balance due on the account will be shown on each monthly remittance. 12. The CONTRACTOR shall not accept as settlement in full, on any account assigned, any amount less than the full amount as originally assigned by the CITY, without the expressed written consent of the CITY. ; .~. --, (OC'flss a' 6"'(II'^' ~'" ~;~' t?y __ _ ~_.. -.:;"...;;.........~_:;;... ~ .:(.. _-1-' . _. '-'"\.. ..;jf; ?" ~ __~ u e e Contract for Collection Agency Services Page 5 July 22, 1993 EXHIBIT B PAYMENT SCHEDULE CITY shall pay CONTRACTOR for services to be performed pursuant to this Agreement as described below. CONTRACTOR shall submit invoices during the term of this Agreement based on the charges for services performed in accordance with the following schedule: Precollection Letter Service $ 4.00 per account submitted Direct Collection Process: Pre-litigation collections Litigation collections 40% of collections 50% of collections* * When Contractor collects, in whole or in part, on an account which has litigation expenses, Contractor shall deduct first from payments received any and all legal costs advanced, before remitting amounts owed by CONTRACTOR to CITY. Interest On Direct Contractor shall be allowed to cost of collecting the account. accordance with state laws. Collection:In accordance with state laws charge and retain interest to offset the Said interest earnings shall be in full CONTRACTOR REMITTANCE CONTRACTOR shall remit to the CITY, all monies, less fees due, collected the previous month, not later than the 15th of the month following the close of the previous month. All monies remitted to the CITY shall be submitted with a statement of each collection and detailed accounting of the payment. The total sum stated above shall be the total which CITY shall pay for the services to be rendered by CONTRACTOR pursuant to this Agreement. CITY shall not pay any additional sum for any expense or cost whatsoever incurred by CONTRAeTOR in rendering services pursuant to this Agreement. CITY shall make no payment for any extra, further or additional service pursuant to this Agreement unless such extra service and the price therefor is agreed to in writing executed by the CITY Manager or other designated official of CITY authorized to obligate CITY thereto prior to the time such extra service is rendered. The services to be provided under this Agreement may be terminated without cause at any point in time in the sole and exclusive discretion of CITY. In this event, CITY shall compensate the CONTRACTOR for all outstanding costs incurred as of the date of written notice thereof and shall terminate this Agreement. e e Contract for Collection Agency Services Page 6 July 22, 1993 EXHIBIT C GENERAL PROVISIONS 1. INDEPENDENT CONTRACTOR. At all times during the term of this Agreement, CONTRACTOR shall be an independent CONTRACTOR and shall not be an employee of CITY. CITY shall have the right to control CONTRACTOR only insofar as the results of CONTRACTOR's services rendered pursuant to this Agreement; however, CITY shall not have the right to control the means by which." CONTRACTOR accomplishes services rendered pursuant to this Agreement. 2. LICENSES: PERMITS: ETC. CONTRACTOR represents and warrants to CITY that he has all licenses, permits, qualifications and approvals of whatsoever nature which are legally required for CONTRACTOR to practice his profession. CONTRACTOR represents and warrants to CITY that CONTRACTOR shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals which are legally required for CONTRACTOR to practice his profession. 3. TIME. CONTRACTOR shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary for satisfactory performance of CONTRACTOR'S obligations pursuant to this Agreement. 4. INSURANCE REOUIREMENTS. CONTRACTOR shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the CONTRACTOR, his agents, representatives, employees or subcontractors. The cost of such insurance shall be included in the CONTRACTOR's bid. >-C' _. ::;,,~_A .-.M,~'"1i-:F-';!1'!l ~Qope of Insurance. .~?r}Jlerage shall be at least as broad , ' 'as : --~- .~--_. - ~ 1. Insurance Services Office form number GL 0002 (Ed.l/73) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability; or Insurance Services Office Commercial General Liability coverage ("occurrence" form CG 0001.) 2. Insurance Services Office form number CA 0001 (Ed. 1/78) covering Automobile Liability, code 1 "any auto" and endorsement CA 0025. 3 . Workers' Compensation Insurance as required by the Labor Code of the State of California and Employers Liability Insurance. e e Contract for Collection Agency Services Page 7 July 22, 1993 B. Minimum Limits of Insurance. CONTRACTOR shall maintain limits no less than: 1. General Liability: $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage. If commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. 2. Automobile Liability: $1;000,000 combined single limit per accident for bodily injury and property damage. 3. Workers' Compensation and Employers Liability: Workers' Compensation limits as required by the Labor Code of the state of California and Employers Liability limits of $1,000,000 per accident. C. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the CITY. At the option of the CITY, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the CITY, its officers, officials and employees; or the CONTRACTOR shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. _' -.J:.',,:-' D. other Insurance Provisions. The policies are to contain, or be endorsed to contain, the following provisions: l. General Liability and Automobile Liability Coverages. a. The CITY, its officers, officials, employees and ~_, . -..",..,. ,.2:'. _ ~:-.=-volunteers are totiG~covered as insureds as respects: ,~ - -"."'L'---liability arising ouf- of activities performed by or on behalf of the CONTRACTOR; products and completed operations of the CONTRACTOR, premises owned, occupied or used by the CONTRACTOR, or automobiles owned, leased, hired or borrowed by the CONTRACTOR. The coverage shall contain no special limitations on the scope of the protection afforded to the CITY, its officers, officials, employees or volunteers. b. The CONTRACTOR'S insurance coverage shall be primary insurance as respects the CITY, its officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the CITY, its officers, officials, employees or volunteers shall be excess of the CONTRACTOR'S insurance and shall not contribute with it. e e Contract for Collection Agency Services Page 8 July 22, 1993 c. Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the CITY, its officers, officials, employees or volunteers. d. The CONTRACTOR'S insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability. 2. Workers' Compensation and Employers Liability Coverage - The insurer shall agree to waive all rights of subrogation against the CITY, its officers, officials, employees and volunteers for losses arising from work performed by the CONTRACTOR for the CITY. 3. Professional Liability - CONTRACTOR shall carry professional liability insurance in an amount deemed by the CITY to adequately protect the CONTRACTOR against liability caused by negligent acts, errors or omissions on the part of the CONTRACTOR in the course of performance of the services specified in this Agreement. 4. All Coverages Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, cancelled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the CITY. E. Acceptability of Insurers Insurance is to be placed with insurers with a Bests' rating of no less than A:VII. F. Verification of eoverage. CONTRACTOR shall furnish eITY with .-c?:::'ctLCicates_ of insurance'';':~11d with original endorsements effectYn<,r-coverage required bithis clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be received and approved by the CITY before work commences. The CITY reserves the right to require complete, certified copies of all required insurance policies, at any time. G. Subcontractors - CONTRACTOR shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. H. The Risk Manager of CITY may approve a variation in those insurance requirements upon a determination that the coverages, e e Contract for Collection Agency Services Page 9 July 22, 1993 scope, limits and forms of such insurance are either not commercially available or that the CITY'S interests are otherwise fully protected. 5. CONTRACTOR NO AGENT Except as CITY may specify in writing, CONTRACTOR shall have no authority, express or implied, to act on behalf of CITY in any capacity whatsoever as an agent. CONTRACTOR shall have no authority, express or implied, pursuant to this Agreement to bind CITY to any obligation whatsoever. 6. ASSIGNMENT PROHIBITED - No party t9 this Agreement may assign any right or obligation pursuant to this Agreement, unless authorized by the Administrator. Any attempted or purported assignment of any right or obligation pursuant to this Agreement shall be void and of no effect. 7. PERSONNEL CONTRACTOR shall assign only competent personnel to perform services pursuant to this Agreement. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any such persons, CONTRACTOR shall, immediately upon receiving notice from CITY of such desire of CITY, cause the removal of such person or persons. 8. STANDARD OF PERFORMANCE CONTRACTOR shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which CONTRACTOR is engaged in the geographical area in which CONTRACTOR practices his profession. All instruments of service of whatsoever nature which CONTRACTOR delivers to CITY pursuant to this Agreement shall be prepared in a substantial, first class and workmanlike manner and conform to the standards of quality normally observed by a person practicing in CONTRACTOR'S profession. 9. HOLD HARMLESS AND RESPONSIBILITY OF CONTRACTORS. CONTRACTOR shall __~"tak~-,--(:lJl,-:n~sponsibili ty for the':i-~!l9rk, shall bear all losses and 'damages directry or indirectly resulting to him, to any subcontractor, to the CITY, to CITY officers and employees, or to parties designated by the CITY, on account of the performance or character of the work, unforeseen difficulties, accidents, occurrences or other causes predicated on active or passive negligence of the CONTRACTOR or any subcontractor. CONTRACTOR shall indemnify, defend and hold harmless the CITY, its officers, officials, directors, employees and agents from and against any or all loss, liability, expense, claim, costs (including costs of defense), suits, and damages of every kind, nature and description directly or indirectly arising from the performance of the work. This paragraph shall not be construed to exempt the CITY, its employees and officers from its own fraud, willful injury or violation of law whether willful or negligent. For purposes of Section 2782 of the civil Code the parties hereto recognize and agree that this agreement is not a construction contract. By execution of this agreement CONTRACTOR acknowledges and agrees that he has read and e e Contract for Collection Agency Services Page 10 July 22, 1993 understands the provisions hereof and that this paragraph is a material element of consideration. Approval of the insurance contracts does not relieve the CONTRACTOR or subcontractors from liability under this paragraph. 10. GOVERNMENTAL REGULATIONS - To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, CONTRACTOR shall comply with all applicable rules and regulations to which CITY is bound by the terms of such fiscal assistance program. 11. DOCUMENTS - All reports, data, maps,-models, charts, studies, surveys, photographs, memoranda or other written documents or materials prepared by CONTRACTOR pursuant to this Agreement shall become the property of CITY upon completion of the work to be performed hereunder or upon termination of the Agreement. a: 629Colag. agenda#13 "':r;' --;"":"'---;-" --~.:.;..~ ~7;t--~~C-~ _~~;-,:;,~;:..=.: _.~.:.-- , 'w Commerce Collections,Ltd. .~ e P.O. BOX 2798 . 111 LINDBERGH AVENUE, SUITE D · LIVERMORE, CALIFORNIA 94550 (510) 447-9010 FAX: (510) 447-9059 e RECEIVED MAY 1 0 1993 FINANCE COLLECTION PROPOSAL FOR lxc~'l.~'S THE CITY OF DUBLIN :-:-:-.rrd::-.::~..- ~ .__ ___ ___ .-....c::-'::c ~ ':;--1'<. SUBMITTED BY: LINDA SCHNEIDER MARKETING REPRESENTATIVE MAY 6, 1993 EXHIBIT ;l dCtff'~ ~/ 0lfI~ J1I~ Ctff'~ . " ~-~. --- -_.-.<_:~_-. . "-"-':"i' e e Ci ty of Dublin Proposal for Collection Agency Services (Due at Civic Center by May 10, 1993) 1 . Name of Firm COMMERCE COLLECTIONS. LTD; 2. Address III D LINDBERGH AVE. LIVERMORE. CA 94550 3. Contact Person/Title LINDA SCHNEIDER -CLIENT REPRESENTATIVE 4. Local Phone Number 510 ) 447-9010 COLLECTION AGENCY SERVICES - LETTER SERIES 5. Charge per account accepted ($/%) $4.00 (see exhibit A. B. & C) 6~ Limitation on age of accounts accepted 48 months 7. Minimum number of accounts per year NONE 8. Minimum dollar value of account $ NONE 9. Other restrictions ,** SEE A'ITACHMENT EXHIBIT D REGARDING "TORTE" CLAIMS** . '. " COLLECTION AGENCY SERVICES - FORMAL COLLECTION 10. Charge per account accepted ($/%) 11. Limitation on age of accopnts accepted 12. Minimum number of accountr per;y,~ar 13. Minimum dollar value of account 40%/50% if suit filed _~8 months ---H9NE $ -1i.QNE 14. Other restrictions ** SEE EXHIBIT D REGARDING "TORTE" CLAIMS ** BACKGROUND INFORMATION -~~-:-~,.... "~'::'::;;"'__~d~~_~. __-::::;=.-.' - - - - -~~~ - 15. J How ~manY"c.years has your agency been servicing clients in the Bay Area? 50 plus years . ,.'. 16. Provide the names I contact person, phone number and extent of services (similar to our requirements above) for five clients. Clients should be located in the Bay Area, should have worked with your agency during the last year, and should be governmental agencies, if possible. (Attach a separate lisL)**SEEATTACHED** 17. What credit services do you use in your collection efforts and at what level of service are they useq? Name Service Level TRW CREDIT SERVICES SKIPTRACING. CREDIT REPORTING. LOCATION OF ASSETS CREDIT BUREAU INC. ~KIPTRACING. CREDIT REPORTING. LOCATION OF ASSETS 18. Other specific comments pertinent to our request for proposals. (Attach no more than one letter size page in this response.) a: prosco 11. f1 nanceH 1 ~ P.O. BOX 2798' Commerce Collections, Ltd. V I I 1 LINDBERGH AVENUE. SUITE D · LIVERMORE. CALIFORNIA 94551-0279 (510) 447-9010 FAX (510) 447-9059 . &--;J<~ .fJ f+ Pr THE COLLECTION PROCESS PRECOLLECTION LETTER SERVICE - Charge $4.00 per patient/debtor. This is optional to direct process. -" 1) Client, during this process, may communicate directly with patient/debtor. May make payment arrangements and accept ,payments. 2) Client should notify Commerce Collections, Ltd. of any and all payments, payment arrangements, cancellations, or updates on precollect accounts to maintain accurate patient/debtor infor- mation. All monies received by the client from the patient/ debtor prior to transfer of the account to direct collection should be reported to Commerce Collections, Ltd. 3) All monies received by our client during this period from the patient/debtor will be charged no commission by Commerce Collections, Ltd. Once the account has transferred to the direct collection process, Commerce Collections, Ltd. will retain the agreed commission percentage rate on these monies that were not reported during or prior to the transfer of any accounts from the Precollection process. ..... "-- -_.~-::::-.= ~ 4) The Precollection Process is a courtesy letter service in which two (2) courtesy letters are sent to the patient/debtor 14 ~ays apart from each other. =Th-~~patient/debtor is instructed fJ- ~"tcsi::cJr-. ::.~C t ';i:md/ or 'pay you direct-I"y---:, When 30 days have expired, the account is transferred to direct collection. DIRECT COLLECTION PROCESS - No charge until money is recovered. 1) Accounts become the sole responsibility of Commerce Collections, Ltd. 2) Any billing or service charges on the behalf of the client should end. 3) If the patient/debtor should contact the client, the patient/ debtor phone calls should be directed to Commerce Collections, Ltd. The patient/debtor should be told to deal directly with the agency. dceol~.s#~ %It/k Jt~ ~08~ Fel ,,r ; \ , ' , ", : \ .1" :. e CfJI11'1ERCE COLLECT IONS, L TL' F. 0. BOX 2798 3569 FIRST STREET LIVERMORE, C~ 94550 415-44"7--9()1 <) M(~RCH 29, 1. 988 L e-J+e (( Sel/.e..s E'l-/~ .,~ i+ b PATIENT, JOHN t.1 000 HOME ST LOS GATOS CA .95030 6AJ(\~L.f, .i 5>1- L..e..it e {L CREDITOR: RODNEY M. CARVER, M.D. 100 MAIN ST CONCORD CA 94520 Ar10UNT: $ 100.00 C_O U R T E S Y - NOT ICE WE FEEL THAT ALL WHO TAKE INTERESt IN THEIR CREOIT STANOING WILL WELCOME A REMINDER OF A PAST DUE ACCOUNT. IT IS THE POLICY OF OUR MEMBER TO PERIODICALLY REFER PAST DUE ACCOUNTS FOR COLLECTION. THIS WILL BE DONE IF THIS IS NOT PAID WITHIN THE NEXT FEW DAYS. HDW- EVER, IF THERE IS A QUESTION REGARDING THIS MATTER, PLEASE CONTACT RODNEY M. CARVER, M.D. ~~-'- ..~, ~-:=-4 ~~t-~:~:_~~&~..;:c3,:;;':::': .- ********************************************~******* PLEASE REMIT DIRECTLY TO RODNEY M. CARVER, M.D. **************************************************** ; : '! i I DISPUTES REGARDING THE VALIDITY OF THIS BALANCE OR ANY PORTION THEREOF MUST BE MADE IN WRITING TO THE COLLECTION AGENCY WITHIN 30 DAYS. DURING THIS PERIOD THE AGENCY WILL, IF REQUESTED. SEND VERIFICATION OF THE DEBT AND THE NAME OF THE ORIGINAL HOLDER OF THE OBLIGI!:tTION. COLLECTION AGENCIES ARE LICENSED AND REGULATED BY THE BUREAU OF COLLECTION AND INVESTIGATIVE SERVICE~, STATE DEPARTMENT OF CON- SUMER AFFAIRS, 1920 20TH ST. SACRAMENTO. CA 95814 r-cz 'r '-. \ , .. " ' . . ::..: _0_'__7:"'::" . . ! >, e e COMMERCE COLLECTIONS, LTD. P.O. BOX 2798-- 3569 FIRST STREET LIVERMORE, CA 94550 415-447-9010 ..,: MARCH 29, 1988 1 e:lli r' ,S -c' n 7-.s ~'f--h.d:)'(+ ~ SAfY\ '?L ~ (\~ - ().-' ft- ", " -L ~-, 'It ,,' " i PATIENT, JOHN M 000 HOME ST LOSGATOS CA 95030 CREDITOR: RODNEY M. CARVER, M.D. 100 1'-1AIN ST CONCORD CA 94520 .' ./ AI"1OUNT: >'] $, 100. 00 .,! ..'.; .i ~. 1 DEL I NC!UEI\!CY PAYI"iENT 'NOTICE RECENTLY YOU WERE NOTIFIED OF YOUR UNPAID BALANCE. OUR MEMBER~S RECORDS INDICATE YOUR ACCOUNT IS STILL DELINQUENT AND THEY REQUEST THAT YOU CLEAR THIS PAST DUE AMOUNT BEFORE IT IS REFERRED FOR COLL- , ",j ECTION. IF PAYMENT IS NOT RECEIVED WITHIN THE NEXT; TEN DAYS, THIS ACCOUNT WILL BE PLACED WITH OUR OFFICE WITHOUT FURTHER NOTICE. CREDIT IS A VALUABLE ASSET. -......-:~'Jo~ ~-'~":;;;-~;-~;-=i2-:.:::. ---' - . F'ROTECT YOURS. __.~~5;':i~ - ******************************************~********* * >I< * PLEASE REMIT DIRECTLY TO RODNEY M. CARVER, M.D. >I< >)-: **************************************************** THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. COLLECTION AGENCIES ARE LICENSED AND REGULATED BY THE, BUREAU OF COLLECTION AND INVESTIGATIVE SERVICES, STATE DEPARTMENT OF CON- SUMER AFFAIRS, 1920 20TH ST. SACRAMENTO. CA 95814 e e CLIENT REFERENCES NAME SERVICE CONTACT CITY OF SALINAS SALINAS POLICE DEPARTMENT DUI PROGRAM DAN NELSON -POLICE CHIEF (408) 758-7286 ** DUI PROGRAM CURRENTLY ADMINISTERED BY CREDIT CONSULTING SERVICES, INC., A BRANCH OFFICE OF COMMERCE COLLECTIONS, LTD.** CITY OF LIVERMORE FINANCE DEPT. WATER DEPT. BUSINESS LICENSES NANCY METZNER!LINDA SCHAFFER! CITY WATER ROBIN KELLY!JAN MAYO (510) 373-5i50!373-5151 FIRE DEPT. FIRE & HAZARDOUS . ERIC CARLSON - DIVISION CHIEF ~~TERIALS CODE PERMITS (510) 373-5410 DUBLIN SAN RAMON SERVICE ' DISTRICT HATER & SEWER PAT GIORDANENGO (510) 551-7230 EXT. 114 PACIFIC BELL RESIDENTIAL TELEPHONE GALENIK KALENIK 510 & 209 AREA CODE (916) 972-3551 VIACOM CABLEVISION CABLE TELEVISION CONNIE A1'lDERSEN!CINDY SHAH SERVICE (510) 443-0470 --.'-.- -_.'....-"'.. ~~..?~.~" ~:--~~~~~.~-;T~: -~~~_. ** THE ABOVE LISTING IS ONLY A PARTIAL LIST OF COMMERCE COLLECTIONS,LTD. CLIENTS. AMORE DETAILED LISTING IS AVAILABLE UPON REQUEST** e e RESOLUTION NO. - 93 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN *************************** Resolution Establishing Procedures For write-Off of Uncollectible Accounts Receivable WHEREAS, it is prudent for the City to have established procedures to purge stale accounts receivable items from the financial records; and WHEREAS, in accordance with financial policies it shall be the intent of the City to undertake reasonable efforts to secure payment of outstanding debts; and WHEREAS, accounts may become uncollectible due to circumstances such as, but not limited to: the statute of limitations for a legal proceeding has been exceeded; bankruptcy has been filed; the City is unsuccessful in locating the debtor; the cost of collection exceeds the amount owed, etc.; and WHEREAS, to reduce the potential number of accounts which become uncollectible, the City council has authorized the use of a collection agency; WHEREAS, it is desirous to have procedures, which allow City Staff to administratively dispose of accounts, which are less than $500; and WHEREAS, City Council approval would be required for all amounts over $500, which are proposed to be written off. NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Dublin does hereby adopt the following procedures for the handling of accounts receivable which are deemed by City Staff to be uncollectible: PROCEDURE '___""J;.::;;r.L.-:-..3~ These procedures establish the approval required to write - off uncollectible accounts from the City's financial records. A reasonable effort shall be made by the City to obtain payment prior to writing off past due amounts. City Staff shall maintain records of such efforts. 1. Individual accounts of $200 and less may be written off upon approval of the Assistant City Manager/Administrative Services Director. 2. Individual accounts of more than $200 and less than $500, may be written off based upon the recommendation of the Assistant City Manager/ Administ.rati~~~~rvices Director, and wi~~~the approval of the city 14anager . ~>,,' '~;..-:;;:,---"."-c;': "",=- 3. Individual accounts over $500 may be written off based upon the recommendation of Staff and with the approval of the City Council. PASSED, APPROVED AND ADOPTED this th day of , 1993. AYES: NOES: ABSENT: Mayor ATTEST: City Clerk EXHIBIT 3