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HomeMy Public PortalAbout201-2022 - Finance Systems - debt collection AGREEMENT THIS AGREEMENT made and entered into this tday of October, 2022, by and between the City of Richmond,Indiana,a municipal corporation acting by and through its Board of Sanitary Commissioners (hereinafter referred to as the"City") and Finance System, Inc.,5703 National Road East,Richmond,IN 47374(hereinafter referred to as the"Contractor"), SECTION I. STATEMENT AND SUBJECT OF WORK City hereby retains Contractor to perform debt collection services on past due accounts referred by City for collection. The Proposal of Contractor,dated August 25,2022,is contained in Exhibit"A",which Exhibit"A" is attached hereto and incorporated herein by reference and made a part of this Agreement. Contractor shall provide all professional debt collection services on past due accounts referred for collection,which services shall include the initiation of litigation. Should any provisions,terms,or conditions contained in any of the documents attached hereto as Exhibits, or in any of the documents incorporated by reference herein, conflict with any of the provisions,terms,or conditions of this Agreement,this Agreement shall be controlling. The Contractor shall furnish all labor,material, equipment, and services necessary for the proper completion of all work specified in accordance with and as described in Exhibit"A."Contractor's services shall be performed in accordance with the standard of professional practice ordinarily exercised by the applicable profession under similar circumstances at the same time and in the locality where the services are performed and Contractor shall comply with all applicable laws and regulations in the performance of its obligations under this Agreement, including without limitation,the. Prior to the referral of an account to Contractor, nothing in this Agreement shall be deemed to. restrict City from utilizing any method,other than Contractor services,to collect a past due account, including without limitation, the assessment of liens or other encumbrances against any real property that receives service from City. City is under no obligation to refer any particular quantity of past due accounts to Contractor for collection. Contractor shall implement administrative,physical and technical safeguards to protect Personal Information that are, at a minimum,consistent with those described in Exhibit"A"and which are no less rigorous than accepted industry practices utilized in the debt collection industry and shall ensure that all such safeguards,including the manner in which Personal Information is collected, accessed, used, stored, processed, disposed of and disclosed, comply with applicable data protection and privacy laws throughout the term of this Agreement. The term "Personal Information" means information provided to Contractor by or at the direction of City,or to which access was provided to Contractor by or at the direction of City,in the course of Contractor's performance under this Agreement that: (i)identifies or can be used to identify an individual(including,without limitation,names,signatures,addresses,telephone numbers,e-mail addresses and other unique identifiers);or(ii)can be used to authenticate an individual(including, without limitation, employee identification numbers, government-issued identification numbers, passwords or PINs, financial account numbers, credit report information, answers to security questions and other personal identifiers). Contractor agrees and covenants that it shall:(i)keep and maintain all Personal Information in strict confidence, using such degree of care as is appropriate to avoid unauthorized access, use or disclosure; (ii)use and disclose Personal Information solely and exclusively for the purposes for which the Personal Information,or access to it,is provided pursuant to the terms and conditions of Page 1 of 6 Contract No. 201-2022. this Agreement,and not use,sell,rent,transfer,distribute, or otherwise disclose or make available Personal Information for Contractor's own purposes or for the benefit of anyone other than City, in each case, without City's prior written consent; and (iii) not, directly or indirectly, disclose Personal Information to any person other than its employees or agents for the purpose of performing its obligations under this Agreement, without express written consent from City. Nothing in this paragraph shall be construed to restrict Contractor from initiating legal proceedings for the collection of debt as authorized by City, provided however, that Contractor shall comply with all applicable laws and regulations related the protection or redaction of information regarding a litigant, including without limitation,Administrative Rule 9 (G) adopted by the Indiana Supreme Court. No performance of services shall commence until the following has been met: 1. The City is in receipt of any required certificates of insurance; 2. The City is in receipt of any required affidavit signed by Contractor in accordance with Indiana Code 22-5-1.7-11(a)(2);and 3. A purchase order has been issued by the Purchasing Department. SECTION II. STATUS OF CONTRACTOR Contractor shall be deemed to be an independent contractor and is not an employee or agent of the City of Richmond. The Contractor shall provide,at its own expense,competent supervision of the work. SECTION III. COMPENSATION City shall pay Contractor a sum not to exceed twenty-five percent(25%) of all sums collected on a delinquent account prior to the initiation of litigation and fifty percent(50%)of all sums collected on delinquent account after the initiation of litigation. Contractor shall include a collection fee, as set forth in Exhibit"A," on the balance of each account referred to Contractor. Contractor shall withhold its compensation from the amount collected on City's behRlf and shall make remittance to City as specified in Exhibit"A"for complete and satisfactory performance of the work required hereunder. SECTION IV. TERM OF AGREEMENT This Agreement shall become effective when signed by all of the parties hereto and shall continue in effect until and including November 30,2022. Notwithstanding the term of this Agreement, City may terminate this Agreement in whole or in part,for any reason,at any time,by giving at least thirty(30)working days written notice specifying the effective date of the termination. In the event of such termination,the City shall be required to make payment for all work performed prior to the date this Agreement is terminated, but shall be relieved of any other responsibility herein. This Agreement may also be terminated, in whole or in part,by mutual Agreement of the parties by setting forth the reasons for such termination, the effective date, and in the case of partial termination,the portion to be terminated. SECTION V. INDEMNIFICATION AND INSURANCE Contractor shall obtain insurance and indemnify the City for any damage or injury to person or property or any other claims to the extent caused by Contractor's negligent conduct or performance Page 2 of 6 or non-performance of this Agreement; provided, however, that nothing contained in this Agreement shall be construed_as rendering the Contractor liable for acts of the City, its officers, agents,or employees. Contractor shall as a prerequisite to this Agreement,purchase and thereafter • maintain such insurance as will protect it from the claims set forth below which may arise out of or result from the Contractor's negligent operations under this Agreement,whether such operations by the Contractor or by any sub-contractors or by anyone directly or indirectly employed by any of them,or by anyone for whose acts the Contractor may be held responsible. Coverage Limits A. Worker's Compensation& Statutory Disability Requirements B. Employer's Liability $100,000 • C. Comprehensive General Liability Section 1. Bodily Injury $1,000,000 each occurrence $2,000,000 aggregate Section 2. Property Damage $1,000,000 each occurrence D. Comprehensive Auto Liability(if applicable) Section 1. Bodily Injury $1,000,000 each person $1,000,000 each occurrence Section 2. Property Damage $1,000,000 each occurrence E. Comprehensive Umbrella Liability $1,000,000 each occurrence $2,000,000 each aggregate F. Errors&Omissions Insurance $1,000,000 per claim $2,000,000 aggregate SECTION VI. COMPLIANCE WITH WORKER'S COMPENSATION LAW Contractor shall comply with all.provisions of the Indiana Worker's Compensation law,and shall, before commencing work under this Agreement, provide the City a certificate of insurance, or a certificate from the industrial board showing that the Contractor has complied with Indiana Code Sections 22-3-2-5, 22-3-5-1 and 22-3-5-2. If Contractor is an out of state employer and therefore subject to another state's worker's compensation law, Contractor may choose to comply with all provisions of its home state's worker's compensation law and provide the City proof of such compliance in lieu of complying with the provisions of the Indiana Worker's Compensation Law. SECTION VII. COMPLIANCE WITH INDIANA E-VERIFY PROGRAM REQUIREMENTS Pursuant to Indiana Code 22-5-1.7, Contractor is required to enroll in and verify the work eligibility status of all newly hired employees of the contractor through the Indiana E-Verify program. Contractor is not required to verify the work eligibility status of all newly hired . employees of the contractor throng i the Indiana E-Verify program if the Indiana E-Verify. program no longer exists. Prior to the performance of this Agreement,Contractor shall provide Page 3 of 6 to the City its signed-Affidavit affirming that Contractor does not lcnowingly employ an unauthorized alien in accordance with IC 22-5-1.7-11 (a) (2). In the event Contractor violates IC 22-5-1.7 the Contractor shall be required to remedy the violation not later than thirty(30) days after the City notifies the Contractor of the violation. If Contractor fails to remedy the violation within the thirty (30) day period provided above, the City shall consider the Contractor to be in breach of this Agreement and this Agreement will be terminated. If the City determines that terminating this Agreement would be detrimental to the public interest or public property,the City may allow this Agreement to remain in effect until the City procures a new contractor. If this Agreement is terminated under this section, then pursuant to IC 22-5- 1.7-13 (c) the Contractor will remain liable to the City for actual damages. SECTION VIII. IRAN INVESTMENT ACTIVI Pursuant to Indiana Code(IC) 5-22-16.5,Contractor certifies that Contractor is not engaged in investment activities in Iran. In the event City determines during the course of this Agreement that this certification is no longer valid, City shall notify Contractor in writing of said determination and shall give contractor ninety(90)days within which to respond to the written notice. In the event Contractor fails to demonstrate to the City that the Contractor has ceased investment activities in Iran within ninety (90) days after the written notice is given to the Contractor,the City may proceed with any remedies it may have pursuant to IC 5-22-16.5. In the event the City determines during the course of this Agreement that this certification is no longer valid and said determination is not refuted by Contractor in the manner set forth in IC 5-22-16.5, the City reserves the right to consider the Contractor to be in breach of this Agreement and terminate the agreement upon the expiration of the ninety (90) day period set forth above. SECTION IX. PROHIBITION AGAINST DISCRIMINATION A. Pursuant to Indiana Code 22-9-1-10, Contractor, any sub-contractor, or any person acting on behalf of Contractor or any sub-contractor shall not discriminate against any employee or applicant for employment to be employed in the performance of this Agreement, with respect to hire,tenure,terms,conditions or privileges of employment or any matter directly or indirectly related to employment, because of race, religion, color,-sex, disability, national origin,or ancestry. B. Pursuant to Indiana Code 5-16-6-1,the Contractor agrees: 1. That in the hiring of employees for the performance of work under this Agreement of any subcontract hereunder,Contractor,any subcontractor,or any person acting on behalf of Contractor or any sub-contractor,shall not discriminate by reason of race,religion,color,sex,national origin or ancestry against any citizen of the State of Indiana who is qualified and available to perform the work to which the employment relates; 2. That Contractor,any sub-contractor,or any person action on behalf of Contractor or any sub-contractor shall in no manner discriminate against or intimidate any • employee hired for the performance of work under this Agreement on account of race,religion,color,sex,national origin or ancestry; 3. That there may be deducted from the amount payable to Contractor by the City under this Agreement, a penalty of five dollars ($5.00) for each person for each calendar day during which such person was discriminated against or intimidated in violation of the provisions of the Agreement; and Page 4 of 6 4, That this Agreement may be canceled or terminated by the City and all money due or to become due hereunder may be forfeited, for a second or any subsequent violation of the terms or conditions of this section of the Agreement. C. Violation of the terms or conditions of this Agreement relating to discrimination or intimidation shall be considered a material breach of this Agreement, SECTION X.RELEASE OF LIABILITY Contractor hereby agrees to release and hold harmless the City and all officers,employees or agents of the same from all liability which may arise in the course of Contractor's performance of its obligations pursuant to this Agreement. The City hereby agrees to release and hold harmless the Contractor and all officers,employees or agents of the same from all liability which may arise in the course of City's performance of its obligations pursuant to this Agreement. SECTION XI.MISCELLANEOUS This Agreement is personal to the parties hereto and neither party may assign or delegate any of its rights or obligations hereunder without the prior written consent of the other party. Any such delegation or assignment, without the prior written consent of the other party, shall be null and void. This Agreement shall be controlled by and interpreted according to Indiana law and shall be binding upon the parties, their successors and assigns. This document constitutes the entire Agreement between the parties, although it may be altered or amended in whole or in part at any time by filing with the Agreement a written instrument setting forth such changes signed by both parties. Any purported amendment that is not evidenced by a written instrument executed by all parties shall be void. By executing this Agreement the parties agree that this document supersedes any previous discussion, negotiation, or conversation relating to the subject matter contained herein. This Agreement may be simultaneously executed in several counterparts,each of which shall be an original and all of which shall constitute but one and the same instrument. The parties hereto submit to jurisdiction of the courts of Wayne County, Indiana, and any suit arising out of this Contract must be filed in said courts. The parties specifically agree that no arbitration or mediation shall be required prior to the commencement of legal proceedings in said Courts. By executing this Agreement,Contractor is estopped from bringing suit or any other action in any alternative forum,venue,or in front of any other tribunal,court,or administrative body other than the Circuit or Superior Courts of Wayne County, Indiana,regardless of any right Contractor may have to bring such suit in front of other tribunals or in other venues. In the event of any breach of this Agreement by Contractor, and in addition to any remedies, Contractor shall be liable for costs incurred by City in its efforts to enforce this Agreement, including but not limited to, City's reasonable attorney's fees, to the proportionate extent that Contractor is determined to be in breach of this Agreement. In the event that an ambiguity, question of intent, or a need for interpretation of this Agreement arises,this Agreement shall be construed as if drafted jointly by the parties,and no presumption or burden of proof shall arise favoring or disfavoring any party by virtue of the authorship of any of the provisions of this.Agreement. Any person executing this Contract in a representative capacity hereby warrants that he or she has been duly authorized by his or her principal to execute this Contract. Page 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement at Richmond,Indiana, as of the day and year first written above, although signatures may be affixed on different dates. "CITY" "CONTRACTOR" THE CITY OF RICHMOND,INDIANA FINANCE SYSTEM,INC. by and through its Board of Sanitary Commissioners By: 'ller,President40 / � (Printed): // kt-s 5 Co-kolas. j: -: ..�". ,Vic- 'sent Title: P:r-e'Sit2/ A.PAMI .,� e. _ Dated: /c/ 3 /0°ate• '_ Stiens,Member iii•oir Dated: ii.r.2-i • APPRO . . • `13a M. Sno , Dated: t i Zr(-i1i_ Page 6 of 6 ,m,-;,/,,,,,-4.1t; :,_ _ . ,,,,,,y-k, 'Finance n:a:nce. :S�;;ste�m:, ��.ii�;,: -, .Us GetSltarrtexd'tii 5703 National Road East I Richmond,Indiana 47374 SUPPORT LINE:888-883-PAID(7243) I DIRECT:765-598-5601 I billy@financesysteminc.com !.Client Ser 7TC-70 xeeutiVeilnformation Th . Billy Rowlee 765-598-5601 billy@financesysteminc.com Name Phone Number Email RSD001 Client Code -41atiNnformation Richmond Sanitary District Denise Johnson Business Name Client Contact 2380 Liberty Avenue Richmond IN 47374 _ Location Address Suite/Unit City State Zip 2380 Liberty Avenue Richmond IN 47374 Remittance Mailing Address Suite/Unit City State Zip 765-983-7450 djohnson@richmondindiana.gov richmondindiana.gov Phone Number Fax Email Website 01st Placement 02nd Placement .0 Other Anticipated Placement Date Placement Type j.^rkeigal' , Can Pursue Litigation: €JYes 0No 0 I authorize Finance System, Inc.to sue on any account it feels necessary. 0 I authorize Finance System, Inc.to sue on any account necessary, and I would like 10 days notice on all accounts before filing suit. e I would like to individually authorize each account before Finance System, Inc. files suit on any of my accounts. Settlement Authority �_'�I require notification of any settlement offers before approval. .. C.D I allow Finance System Inc. settlement authority down to 80%of the total balance. CD I allow Finance System Inc.settlement authority down to 70%of the total balance. IRe ortin — ! {Sp.eciall�C-omrTVIMolifthsiraarMa`1 _. ,gip=.-=.-g� -- -- Monthly statements of accounts paid is sent out during the end of F Accounts that are in a non-disconnect phase that the month cycle with your remittance. I are turned over will be notated and updated monthly/quarterly with a statement date for the 0 Monthly Actuary Report E additional charges. 33%Collection fee added by 0 Quarterly Actuary Report I FSI to offset cost of collections for RSD. CAD Monthly Close Report Any leins or litigation will be on a case by case (DAD Hoc Report(Please describe in Special Comments) basis after discussion with RSD. . . -____-- , - _. _- .A __ 1. J'r tl l" "+ -Lj F.i,n a n c e `s yste rn;, c. Agreanffhrent 5703 National Road East I Richmond,Indiana 47374 SUPPORT LINE:888-883-PAID(7243) I DIRECT:765-598-5601 I billy@financesysteminc,com r�---`-ram rr-, .r -- I bIRe.��ew,&Sgi?;Service Agreement ) Custom Contingency Fee;25% pre-litigation and 50%if litigation is pursued. This Collection Agreement, (hereinafter"Agreement") is made by and between its subsidiaries and affiliates (hereinafter"Client") and Finance System of Richmond, Inc., d/bla Finance System, Inc., its representatives, subsidiaries and affiliates, (hereinafter"FSR"). AGENCY agrees to: 1. Carry out reasonable collection efforts for accounts placed in compliance with all applicable federal, state, and local laws. 2. Remit all monies collected, less any applicable commissions, to the CLIENT by the 15th of each month for all funds received for the previous calendar month, including a monthly statement detailing same. 3. Maintain privacy and confidentiality of any information obtained during the regular course of performing debt collections relative to accounts placed with AGENCY by CLIENT. 4. Provide status reports for all placements upon request of CLIENT. 5. Notify CLIENT in the event settlement possible and/or legal remedy is recommended for placed accounts. 6. Pay all attorney fees, court costs, and filing fees if litigation is determined necessary for effective collection of an account and only after approved to do so by CLIENT. CLIENT agrees to: 1. Immediately cease all direct collection efforts after date of placement to AGENCY and provide a copy of any and all documentation that will enable the verification of debt upon request by a debtor or by AGENCY. 2. Report all payments, bankruptcy notices, and/or any other relevant communications from debtors and/or their representatives directly to the AGENCY upon the CLIENTS receipt or knowledge of the existence of same. 3. Permit AGENCY to negotiate any monetary instrument(checks, money orders, etc.) made payable to CLIENT which is received by AGENCY in payment against a placed account. 4, Pay any and all commission owed from direct debtor payments upon receipt of the AGENCY'S monthly statement. 5.Withhold from placing accounts with AGENCY that the CLIENT had previously received notice of bankruptcy filing not yet dismissed by the U.S. Bankruptcy Court. Data,Security Data Breach Notification Agency follows the rules and guidelines set forth by the I-IITECH Act and HIPAA Omnibus Final Rule. In the event of a breach of unsecured data does occur, AGENCY must notify the CLIENT of such breach and must provide notification of the breach without unreasonable delay.To the extent possible,the AGENCY should provide the CLIENT with the identification of each individual affected by the breach as well as any other available information required to be provided by the CLIENT in its notification to affected individuals.This information includes, to the extent possible,the following: A brief description of what happened, including the date of the breach and the date of the discovery of the breach, if known. A description of the types of unsecured protected health information that were involved in the breach (such as full name, Social Security number, date of birth, home address, account number, or disability code) Any steps individuals should take to protect themselves to potential harm resulting from the breach.A brief description of what the AGENCY is doing to investigate the breach,to mitigate losses, and to protect against any further breaches. _. _ _ - - . • rt. big F , a n,•-• �S �ste m;,, �f�n� Agiereinent e,s.ak^a;rtr.i6J:rs, i�e.Cd {1 63%5' 5703 National Road East I Richmond,Indiana 47374 SUPPORT LINE:888-883-PAID(7243) I DIRECT:765-598-5601 I billy@financesysteminc.com at are ri y Cant Contact procedures for individuals to ask questions or learn additional information,which shall include a toll-free telephone number, an email address, website, or postal address. Following the discovery of a breach of unsecured data, AGENCY must notify each individual whos data has been, or is reasonably believed to have been accessed, acquired, used, or disclosed as a result of the breath. The notice must be provided without unreasonable delay and in no case later than 60 days following the discovery of the breach. In the event of a breach of more than 500 individuals,the AGENCY must provide notification to the local media as well as the affected individuals. Like the individual notice, this media notification must be provided without unreasonable delay and in no case later than 60 days following the discovery of a breach. . Data Cloud Storage Data provided to AGENCY from CLIENT is entered into a site premised database server. This database is encrypted by Sybase AES 128 bit encryption upon entry. This data, along with all other files contained on the server, are encrypted again and stored as disk images to an on-site fire and water proof backup drive.These encrypted disk images are stored on a secure AWS with Amazon S3 Glacier that requires an encryption key to edit or download.Any archived information is replaced and purged every 30 days. • Data Retention after Termination • Should CLIENT and/or AGENCY choose to terminate this agreement,AGENCY will cease any further collection efforts on the remaining open accounts. Current status and balances will be forwarded to CLIENT upon request.Any account balances with active legal judgments, executed and obtained by AGENCY, will remain with AGENCY and their supporting legal council until the judgment is satisfied or released by the court: In compliance with the Fair Credit Reporting Act(FCRA),Agency is required to dispose of sensitive information by taking reasonable measures to protect against unauthorized access to or use of the information in connection with its disposal. Agency is also subject to the Safeguards Rule of the Gramm-Leach-Bliley Act (GLBA)which incorporates the disposal of records under the FCRA into the information security program required. In the case of termination, AGENCY will dispose/destroy ally member data residing within our servers within 60 days. Only previous transaction information will be retained within the retention rules set forth by the Internal Revenue Service. Vendor Security Third parties that may be contracted by AGENCY to perform certain application features such as but not limited to telephony, .database software, cleaning services, electronic communications, etc., have been vetted and placed under contracts indemnifying both AGENCY and CLIENT. All vendors selected by AGENCY come from a certified vendor listing by ACA International, The Association of Credit and Collections Professionals. In addition to peer review,AGENCY also conducts an annual search of litigation databases(Lexis Nexis&Web Recon),for current legal activity naming any one of our vendors as a defendant if a suit has been filed against them in federal, state or county courts. RCommssio»s and Pa merits Finance System of Richmond, Inc. makes no representations or guarantees with respect to the outcome of recovery efforts on placed accounts. All accounts are placed with AGENCY at no cost to CLIENT. Payments made directly to CLIENT will be invoiced subject to the standard rates. Finance System of Richmond, Inc.invoice payment terms are "Payable upon Receipt". Commissions are payable by CLIENT to AGENCY under any of the following circumstances: 1. AGENCY collects any monies due to the CLIENT by the debtor on a placed account. 2. CLIENT receives any monies directly from the debtor on a placed account. 3. CLIENT pursues direct collection efforts after the placement of an account with AGENCY and receives any monies due to CLIENT by the debtor for the same as a result. 4. CLIENT and/or AGENCY collects any monies due CLIENT on a placed account within thirty(30) days after the cancellation of this Agreement. rt � n u :Alit:,CA\ • • v ,f�- � 1 ce' 5 , einl •• I cs _A. . Agreeinreniit e's�Gea':b,iphsfh,:e• 5703 National Road East I Richmond,Indiana 47374 SUPPORT LINE:888-883-PAID(7243) I DIRECT:765-598-5601 I billy@financesysteminc.com gre_emen't,Acknoiii4gdgm nt AGENCY will indemnify and hold CLIENT harmless from any claim, of any kind, made against CLIENT based on the collection techniques of AGENCY. If such a claim is made, AGENCY will pay for all liabilities, costs and damages of every kind, including reasonable attorney's fees. This protection extends to CLIENT's owners, officers, and employees. CLIENT must immediately notify AGENCY of any such claim. This agreement represents a legal, binding contract between AGENCY and CLIENT. All terms and conditions are enforceable by the laws of the State of Indiana.The agreement term is commencing on the 25th day of August, 2022 and is cancel-able by either party upon delivery of a written,thirty(30) day notice. Richmond Sanitary District by it's authorized representative, I hereby assign the debt(s)above to Finance System, Inc., for the purpose of initiation of suit by Finance System, Inc.. Reimbursement to the creditor of any amounts received from the defendant(s) in such a suit will be provided by the contract between Finance System, Inc. and creditor.All court costs and attorney fees will be paid by Finance System Inc.. Under no circumstances does this assignment permit Finance System, Inc.,to sue in the name of AGREED, Finance System of Richmond, Inc. "Agency" Name: Name: CG,v-.3Cc/eV/AM"- Title: Title: erne rotr{A,-F- Date: Date: 0/3//googig • Signature: Signature: f_Genera'!Information Section to be returned with completed and signed contract. Customer Number: RSD001 Client Services Phone Number: 765-598-5601 Debtor Questions Phone Number: Email Address for Client Services: billy@financesysteminc.com Email Address for Payment Reports, Bankruptcies, and Adjustments: Mailing Address 5703 National Road East, Richmond, IN 47374 Fax: 765-962-5999 Web Portal Address: https:/lwww.fsrtogo.comllogin.aspx Web Portal Username: Web Portal Password: • Additional Usernames and passwords may be sent via email