Backup Documents 06/09/2009 Item #16A 3
16A :5
MEMORANDUM
Date:
July 21, 2009
To:
Dianna Perryman, Contract Specialist
Purchasing Department
From:
Martha Vergara, Deputy Clerk
Minutes & Records Department
Re:
Contract: #09-5075: "Collection Agency Services for Collier
County"
Contractor: Mintex, Inc.
Attached please find one (1) original document of each amendment, as
referenced above, (Agenda Item #16A3), approved by the Board of
County Commissioners on Tuesday, June 9, 2009.
An original has been retained in the Minutes and Records Department
and for the Board's official records.
If you should have any questions, please contact me at 252-7240.
Thank you.
Attachments
REQUEST FOR LEGAL SERVICES
3
ITEM NO.: 01:.. Pec..- O(){J?-
FILE NO.:
ROUTED TO:
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Date:
July 8, 2009
To:
Office of the County Attorney
Attention: Jeff Klatzkow
From:
Dianna Perryman., Contract Specialist
Purchasing Department, Extension 4270
Re:
Contract: #09-5075 "Collection Agency Services for Collier County
Utility Billing"
Contractor: Mintex, Inc.
BACKGROUND OF REQUEST:
This Contract was approved by the BCC on June 9, 2009; Agenda I
16.A.3
This item has not been previously submitted.
ACTION REQUESTED:
Contract review and approval.
OTHER COMMENTS:
Jeff, please forward to the Chairman of the Board of County
Commissioners for signature after approval. If there are any questions
concerning the document, please contact me. Purchasing would appreciate
notification when the documents exit your office. Thank you.
C: Marlene Serrano, Code Enforcement
MEMORANDUM
TO: Ray Carter
Risk Management Department
FROM: Dianna Perryman, Contract Specialist
Purchasing Department
DATE: July 8, 2009
16A 3
i2v-
nA/
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RE: Review of Insurance for Contract: #09-5075 "Collection Agency
Services for Collier County Utility Billing"
Contractor: Mintex, Inc.
This Contrcfct was approved by the BCC on June 9, 2009; Agenda Item
16.A.3
Please review the Insurance Certificates for the above-referenced contract. If
everything is acceptable, please forward to the County Attorney for further
review and approval. Also, please advise me when it has been forwarded.
Thank you. If you have any questions, please contact me at extension 4270.
dod/DP
C: Marlene Serrano, Code Enforcement
DATE RECEIVED
JUL 0 9 2009
RISK MANAGEMENT
16A 3
mausen_1f
From:
Sent:
To:
Cc:
Subject:
RaymondCarter
Friday, July 10, 2009 3:24 PM
perryman_d; DeLeon Diana
SerranoMarlene; mausen_g
Contract 09-5075 Collection Agency Services for Collier County Utility Billing
All, I have approved the Certificate(s) of Insurance as provided by Mintex, Inc for contract 09-5075 which will now be
forwarded to the County Attorney's Office for their review.
Thank you,
Ray
~ C':atr.t.eh.
Manager Risk Finanace
Office 239-252-8839
Cell 239-821-9370
www.sunbiz.org - Department of State
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FLORIDA DEP\RTMENT OF STATE ~ 'd~t "',:: ...
Dl\'ISW~ or CORPOR.\TlO\S ,;lfb!-! -- " '
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Page 1 of 1
16A 3
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Foreign Profit Corporation
MINTEX INC.
Filing Information
Document Number F09000002872
FEIIEIN Number 770642079
Date Filed 07/17/2009
State MN
Status ACTIVE
Principal Address
800 W FIFTH AVE SUITE 100A
NAPERVILLE IL 60563
Mailing Address
800 W FIFTH AVE SUITE 100A
NAPERVILLE IL 60563
Registered Agent Name & Address
C T CORPORATION SYSTEM
1200 SOUTH PINE ISLAND ROAD
PLANTATION FL 33324 US
Officer/Director Detail
Name & Address
Title CP
THOMAS, JESSIE
800 W FIFTH AVE SUITE 100A
NAPERVILLE IL 60563
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,,^(I'j-r~)( J (fj(!..,
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Insured registered in Florida?
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Certificate Holder name correct (BCC)?
Commercial General Liability
General Aggregate Required $ I I\A l '-
Products/Compl/Op Required $
Personal & Advert Required $
Each Occurrence Required $
FirelProp Damage Required $
Automobile Liability
Bodily Inj & Prop Required $
Workers Compensation
Each accident Required $ S&D,,,eo
,
Disease Aggregate Required $
Disease Each Empl Required $
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Each Occurrence Provided $
Aggregate Provided $
Does Umbrella sufficiently cover any underinsured portion?
Professional Liability
Each Occurrence Required $
Per Aggregate Required $
Other Insurance
Each Occur Type: Cp"\M,C(...
Provided $ J \At L
Provided $ .,
Provided $ €U,LUbi(.."f,l
Provided $ I ~ I L.
Provided $ 3t1()) 000
Provided $
Provided $ StJO, D""
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Provided $ I I
Provided $ I'
Exp Date
Exp Date
Yes
Provided $
Provided $
Required $
Exp. Date
Exp. Date
Exp. Date
Exp. Date
Exp. Date
$>/ t (lOft)
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Exp Date
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Exp Date t ,
Exp Date I '
No
Exp. Date
Exp. Date
Provided $ If! 0, UP
Exp Date 8'(, / "tt1(~
County required to be named as additional insured?
County named as additional insured?
--L Y es
../ Yes
Indemnification
Does indemnification meet County standards?
Is County indemnifying other party?
~Yes
Yes
Performance Bond
Bond requirement referenced in contract?
Ifattached, expiration date of bond
Does dollar amount match contract?
Agent registered in Florida?
No
No
No
~No
Yes
4~o~~
No
Yes
Yes
No
No
--6S: --?
V~~s '
~Yes
Signature Blocks
Correct executor name in signature block?
Correct title of executor?
Executor authorized to sign for entity?
Proper number of witnesses/notary?
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Chairman's signature block?
Clerk's attestation signature block?
County Attorney's signature block?
~Yes
~Yes
~Yes
Attachments
Are all required attachments included?
_~'Yes
No
No
No
No ~
Reviewer Initials: J
Date: tI (~ ()'r
04-COA-0 030222
A G R E E MEN T 09-5075
16A
3
for
Collection Aaency Services for Collier County Utility Billina
THIS AGREEMENT, made and entered into on this 9th day of June, 2009, by and between
MINTEX, Inc., authorized to do business in the State of Florida, whose business address is
800 West 5th Avenue, Naperville, Illinois, hereinafter called the "Vendor" and Collier County, a
political subdivision of the State of Florida, Collier County, Naples, hereinafter called the
"County":
WIT N E SSE T H:
1. COMMENCEMENT. This Agreement shall commence on the date of the issuance of a
Purchase Order. The contract shall be for a two (2) year period, commencing on June 9,
2009, and terminating on June 8, 2011.
The County may, at its discretion and with the consent of the Vendor, renew the
Agreement under all of the terms and conditions contained in this Agreement for one (1)
additional two (2) year period. The County shall give the Vendor written notice of the
County's intention to extend the Agreement term not less than ten (10) days prior to the
end of the Agreement term then in effect.
2. STATEMENT OF WORK. The Vendor shall provide Collection Services in accordance
with the terms and conditions of Bid #09-5075 and the Vendor's proposal referred to
herein and made an integral part of this agreement. This Agreement contains the entire
understanding between the parties and any modifications to this Agreement shall be
mutually agreed upon in writing by the Vendor and the County project manager or his
designee, in compliance with the County Purchasing Policy and Administrative
Procedures in effect at the time such services are authorized.
3. COMPENSATION. All accounts assigned for collection shall be on a contingency basis;
there shall be no charge to the County if Vendor is unable to recover monies on
accounts so assigned. The compensation to be paid to Vendor for monies collected
from uncollectible and non-deliverable accounts shall be eleven (11 %) percent for one
(1) year old accounts, twelve (12%) percent for two (2) year old accounts and twelve
(12%) percent for accounts three (3) years or older. The Vendor shall provide a detailed
report and check no later than the Fifteenth day of each month for the prior month's
activity. Any county agency may utilize the services under this contract, provided
sufficient funds are included in their budget(s). This Vendor's percentage shall remain
unchanged throughout the term of this Agreement. In the event the County withdraws
an account referred to the Vendor, any payments received directly by the Vendor within
thirty (30) days after the date of notification of withdrawal shall be subject to the
Vendor's Collection Charge.
4. SALES TAX. Vendor shall pay all sales, consumer, use and other similar taxes
associated with the Work or portions thereof, which are applicable during the
performance of the Work.
Page 1 of 10
16A. :3
5. NOTICES. All notices from the County to the Vendor shall be deemed duly served if
mailed or faxed to the Vendor at the following Address:
MINTEX, Inc.,
800 West 5th Avenue
Naperville, IL 60523
Attention: Jessie Thomas, President
Phone: 630-369-6626
All Notices from the Vendor to the County shall be deemed duly served if mailed or
faxed to the County to:
Collier County Government Center
Purchasing Department - Purchasing Building
3301 Tamiami Trail, East
Naples, Florida 34112
Attention: Steve Carnell, Purchasing/General Services Director
Telephone: 239-252-8371
Facsimile: 239-252-6584
The Vendor and the County may change the above mailing address at any time upon
giving the other party written notification. All notices under this Agreement must be in
writing.
6. NO PARTNERSHIP. Nothing herein contained shall create or be construed as creating
a partnership between the County and the Vendor or to constitute the Vendor as an
agent of the County.
7. PERMITS: LICENSES: TAXES. In compliance with Section 218.80, F.S., all permits
necessary for the prosecution of the Work shall be obtained by the Vendor. Payment for
all such permits issued by the County shall be processed internally by the County. All
non-County permits necessary for the prosecution of the Work shall be procured and
paid for by the Vendor. The Vendor shall also be solely responsible for payment of any
and all taxes levied on the Vendor. In addition, the Vendor shall comply with all rules,
regulations and laws of Collier County, the State of Florida, or the U. S. Government
now in force or hereafter adopted. The Vendor agrees to comply with all laws governing
the responsibility of an employer with respect to persons employed by the Vendor.
8. NO IMPROPER USE. The Vendor will not use, nor suffer or permit any person to use in
any manner whatsoever, County facilities for any improper, immoral or offensive
purpose, or for any purpose in violation of any federal, state, county or municipal
ordinance, rule, order or regulation, or of any governmental rule or regulation now in
effect or hereafter enacted or adopted. In the event of such violation by the Vendor or if
the County or its authorized representative shall deem any conduct on the part of the
Vendor to be objectionable or improper, the County shall have the right to suspend the
contract of the Vendor. Should the Vendor fail to correct any such violation, conduct, or
practice to the satisfaction of the County within twenty-four (24) hours after receiving
notice of such violation, conduct, or practice, such suspension to continue until the
Page 2 of 10
J. .b Jq\ 3
violation is cured. The Vendor further agrees not to commence operation dLring the
suspension period until the violation has been corrected to the satisfa ~tion of the
Cou nty.
9. TERMINATION. Should the Vendor be found to have failed to perform his :;ervices in a
manner satisfactory to the County as per this Agreement, the County may terminate
said agreement immediately for cause; further the County may terminate this
Agreement for convenience with a thirty (30) day written notice. The COL nty shall be
sole judge of non-performance.
10. NO DISCRIMINATION. The Vendor agrees that there shall be no discrimination as to
race, sex, color, creed or national origin.
11 . INSURANCE. The Vendor shall provide insurance as follows:
A. Commercial General Liability: Coverage shall have minimum limits of
$1,000,000 Per Occurrence, Combined Single Limit for Bodily Injury Liability and
Property Damage Liability. This shall include Premises and Operations;
Independent Vendors; Products and Completed Operations and Contractual
Liability.
B. Workers' Compensation: Insurance covering all employees meeting Statutory
Limits in compliance with the applicable state and federal laws.
The coverage must include Employers' Liability with a minimum limit of $500,000
for each accident.
Special Requirements: Collier County shall be listed as the Certificate Holder and
included as an Additional Insured on the Comprehensive General Liability Policy.
Current, valid insurance policies meeting the requirement herein identified shall be
maintained by Vendor during the duration of this Agreement. Renewal certificates
shall be sent to the County thirty (30) days prior to any expiration elate. There
shall be a thirty (30) day notification to the County in the event of cancellation or
modification of any stipulated insurance coverage.
Vendor shall insure that all sub Vendors comply with the same insurance
requirements that he is required to meet. The same Vendor shall provide County
with certificates of insurance meeting the required insurance provisiom..
12. INDEMNIFICATION. To the maximum extent permitted by Florida law, the Vendor shall
indemnify and hold harmless Collier County, its officers and employees from any and all
liabilities, damages, losses and costs, including, but not limited to, reasonable attorneys'
fees and paralegals' fees, to the extent caused by the negligence, recklessness, or
intentionally wrongful conduct of the Vendor or anyone employed or utilized by the
Vendor in the performance of this Agreement. This indemnification obligation shall not
be construed to negate, abridge or reduce any other rights or remedies which otherwise
may be available to an indemnified party or person described in this paragraph.
Page 3 of 10
16A 3
This section does not pertain to any incident arising from the sole negligence of Collier
County.
13. CONTRACT ADMINISTRATION. This Agreement shall be administered on behalf of
the County by the Utility Billing and Customer Service Department.
14. CONFLICT OF INTEREST: Vendor represents that it presently has no interest and shall
acquire no interest, either direct or indirect, which would conflict in any manner with the
performance of services required hereunder. Vendor further represents that no persons
having any such interest shall be employed to perform those services.
15. COMPONENT PARTS OF THIS CONTRACT. This Contract consists of the attached
component parts, all of which are as fully a part of the contract as if herein set out
verbatim: Vendor's Proposal, Insurance Certificate, Fidelity Bond, Bid #09-5075 Scope
of Services, Exhibit A Supplemental Terms and Conditions and Exhibit B Service
Requirements for Collections Services.
16. SUBJECT TO APPROPRIATION. It is further understood and agreed by and between
the parties herein that this agreement is subject to appropriation by the Board of County
Commissioners.
17. PROHIBITION OF GIFTS TO COUNTY EMPLOYEES. No organization or individual
shall offer or give, either directly or indirectly, any favor, gift, loan, fee, service or other
item of value to any County employee, as set forth in Chapter 112, Part III, Florida
Statutes, Collier County Ethics Ordinance No. 2004-05, and County Administrative
Procedure 5311. Violation of this provision may result in one or more of the following
consequences: a. Prohibition by the individual, firm, and/or any employee of the firm
from contact with County staff for a specified period of time; b. Prohibition by the
individual and/or firm from doing business with the County for a specified period of time,
including but not limited to: submitting bids, RFP, and/or quotes; and, c. immediate
termination of any contract held by the individual and/or firm for cause.
18. IMMIGRATION LAW COMPLIANCE. By executing and entering into this agreement,
the Vendor is formally acknowledging without exception or stipulation that it is fully
responsible for complying with the provisions of the Immigration Reform and Control Act
of 1986 as located at 8 U.S.C. 1324, et seq. and regulations relating thereto, as either
may be amended. Failure by the Vendor to comply with the laws referenced herein shall
constitute a breach of this agreement and the County shall have the discretion to
unilaterally terminate this agreement immediately.
19. OFFER EXTENDED TO OTHER GOVERNMENTAL ENTITIES. Collier County
encourages and agrees to the successful proposer extending the pricing, terms and
conditions of this solicitation or resultant contract to other governmental entities at the
discretion of the successful proposer.
20. AGREEMENT TERMS. If any portion of this Agreement is held to be void, invalid, or
otherwise unenforceable, in whole or in part, the remaining portion of this Agreement
shall remain in effect.
Page 4 of 10
16A 3
21. ADDITIONAL ITEMS/SERVICES. Additional items and/or services may be added to
this contract upon satisfactory negotiation of price by the Project Manager and Vendor.
22. DISPUTE RESOLUTION. Prior to the initiation of any action or proceeding permitted by
this Agreement to resolve disputes between the parties, the parties shall make a good
faith effort to resolve any such disputes by negotiation. The negotiation shall be
attended by representatives of Vendor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached
during negotiations to County for approval. Failing resolution, and prior to the
commencement of depositions in any litigation between the parties arising out of this
Agreement, the parties shall attempt to resolve the dispute through Mediation before an
agreed-upon Circuit Court Mediator certified by the State of Florida. The mediation shall
be attended by representatives of Vendor with full decision-making authority and by
County's staff person who would make the presentation of any settlement reached at
mediation to County's board for approval. Should either party fail to submit to mediation
as required hereunder, the other party may obtain a court order requiring mediation
under section 44.102, Fla. Stat.
Any suit or action brought by either party to this Agreement against the other party
relating to or arising out of this Agreement must be brought in the appropriate federal or
state courts in Collier County, Florida, which courts have sole and exclusive jurisdiction
on all such matters.
23. KEY PERSONNEL/PROJECT STAFFING: The Vendor's personnel and management
to be utilized for this project shall be knowledgeable in their areas of expertise. The
County reserves the right to perform investigations as may be deemed necessary to
insure that competent persons will be utilized in the performance of the contract.
Selected firm shall assign as many people as necessary to complete the work. Firm
shall not change Key Personnel unless the following conditions are met: (1) Proposed
replacements have substantially the same or better qualifications and/or experience. (2)
that the County is notified in writing as far in advance as possible. Firm shall make
commercially reasonable efforts to notify Collier County within seven (7) days of the
change. The County retains final approval of proposed replacement personnel.
24. ASSIGNMENT: Vendor shall not assign this Agreement or any part thereof, without the
prior consent in writing of Owner. Any attempt to assign or otherwise transfer this
Agreement or any part herein, without the Owner's consent, shall be void. If Vendor
does, with approval, assign this Agreement or any part thereof, it shall require that its
assignee be bound to it and to assume toward Vendor all of the obligations and
responsibilities that Vendor has assumed toward Owner.
Page 5 of 10
16A :3
IN WITNESS WHEREOF, the Vendor and the County, have each, respectively, by an
authorized person or agent, hereunder set their hands and seals on the date and year first
above written.
ATTEST:; '"
. \ .
Dwi htE. Brock;'C1e~k of Courts
BOARD OF COUNTY COMMISSIONERS
COLLIER CO TY, FLORIDA
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By:
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Approved as to form and
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-A;:);:)i:stClIlt-County Attorney
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Page 6 of 10
16A 3
Exhibit A
Supplemental Terms and Conditions
Account Assignment Reauirements - Vendor shall accept, in accordance with the
Agreement terms, conditions and specifications, all accounts which the County refers to it for
collection. For purposes of account assignment, Vendor must record at minimum; Principal,
Accumulated interest for EMS Accounts, and Collection fees. Vendor shall maintain balances
for principal, interest and collection fees.
Disclosure of Information - Vendor shall not, under any circumstances, violate Fair Debt
Collection Laws or any federal or state law, including but not limited to disclosure and
confidentiality laws. Any such violation will result in immediate termination of this Agreement.
To maintain information security and protect debtors against personal identity theft, at no time
may accounts, account files, or any information about a debtor be forwarded to offices,
affiliates or call centers outside the United States or be disclosed or transmitted outside the
United States.
All financial, statistical and personal data and information which is confidential and made
available to Vendor for the purpose of performance under this Agreement will be protected by
Vendor and Vendor's employees from unauthorized use and disclosure. Vendor shall
maintain all written materials and computerized records concerning the County's accounts in
a secure manner with access limited only to Vendor's staff who has signed secrecy
certificates, if required by the assigning County for a period of six (6) years.
Approval of Correspondence - Vendor shall only use debtor correspondence that has been
approved by the County. Vendor shall ensure that any accounts pursued have any and all
Vendors recovery amounts clearly identified in correspondence to the debtor.
No Other Fees Added - Vendor shall add no collection charge, fee or other assessment to
an assigned account. This includes bank fees and convenience charges including those
incurred through Vendor's use of any third party provider. However, this prohibition shall not
be construed as preventing the addition of court costs, disbursements, and attorney fees, if
otherwise allowable, in legal actions approved in writing by the County.
Deposit Reauirements -The Vendor shall deposit all monies collected from the debtor into a
public funds "depository" until remitted to the County. Amounts collected must be deposited
in a special non interest bearing trust account separate from any other monies. This account
must be identified as public funds held for the State of Florida and must be collateralized. The
deposit must occur not later than one (1) business day after collection or receipt thereof.
Remittance of Collections - Vendor shall remit to the County a monthly report and check by
the Fifteenth (15th) day of each month for the prior month's activity. At the discretion of the
County, the Vendor may be required to remit monies more than once a month. Vendor shall
use Automated Clearing House or ACH as prescribed in NACHA rules and State Treasury
policy to remit all funds to the County. The Vendor must be in compliance with the Equal
Opportunity Credit act, the Fair Credit Billing Act, Fair Debit Collection Practices Act, the
Uniform Consumer Credit Code and the American Collectors Association, Inc. This
remittance shall be in the gross amount. An invoice for the agreed-upon percentage of five
Page 7 of 10
16A 3
(5%) for the Vendor's Services must be delivered at the same time as the remittance to the
County.
Payment Plans - Vendor may enter into payment plans with a debtor only if the plan meets
criteria established by the County. Any deviation from the County's written criteria must be
approved in writing by the County.
Insufficient Funds (NSF) Checks - All payments received by Vendor while performing
collections under this Agreement are the sole liability of the Vendor.
Compromise or Settlements - Vendor shall not have authority to approve or solicit a
compromise settlement offer. If Vendor receives a compromise settlement offer, Vendor
shall: refer to the County's Revenue Manager or their designee to determine if the County
will entertain compromise or settlement offers. If yes, discontinue any further collection
activity, acknowledge receipt of the offer, and advise the debtor that the offer shall be
presented to the County for consideration. If no, inform the debtor that the County has
indicated that it will not accept settlement offers and continue collection action.
If Vendor accepts a settlement offer without authorization from the County, the Vendor shall
pay (in addition to any amounts collected under the settlement) the balance of the account to
the County and close the account.
Bankruptcv - Should Vendor become aware that a debtor has filed a petition for bankruptcy,
Vendor shall: immediately stop collection activity, obtain the date, the case number, chapter
of the bankruptcy, and the name and address of the court in which the petition was filed, and
immediately notify the County of the bankruptcy information.
Once the County has confirmed bankruptcy status, the County will request the return of the
accounts if appropriate or request Vendor to resume collection if account is exempted from
bankruptcy.
Deceased Debtors - Should Vendor become aware that a debtor is deceased, Vendor shall:
Immediately stop collection activity, immediately notify the County of any details available
regarding the account, including any estate information. The County will either request the
return of the account if appropriate or request Vendor to attempt collection from the estate if
applicable.
Reports Requirements - The Vendor must submit reports as follows:
1. Must submit a monthly report to each County department Revenue Manager or their
designee, of all account balances. The report is due no later than the fifteenth (15th) of
each month. The report must list all accounts currently assigned to Vendor. This
report shall clearly identify each account, the date the account was assigned, the
status of the account (for example active, un-collectable, bankruptcy filed), the agency
principal, accrued interest, collection fees and the balance owing.
2. Must submit a yearly report of all accounts that have had no payment activity for two
(2) years.
3. Must submit monthly reports to EMS (Emergency Management Services) Revenue
Manager or their designee showing the breakdown of payment for principal and
interest.
Page 8 of 10
16.~ 3
4. Vendor shall provide to the County a monthly report listing all accounts canceled or
returned to the County during the preceding month.
All reports supplied by Vendor shall be timely, clearly readable, accurate, and complete. The
County reserves the right to request new reports as well as modifications to existing reports
as needed during the term of this Agreement.
Data Encryption Vendor must conform to any system and file security protocol standards
that are required by Collier County Information Technology Department and Facility
Management Enterprise Security Department.
Payments Made to County - The County shall, within a reasonable period of time, not to
exceed thirty (30) days, notify Vendor of any payments received directly by the County for
accounts referred to Vendor.
Charaeback for Direct Payments - The County will submit an invoice to Vendor for a
contract compensation adjustment of two (2) percent of any payment that the debtor remits
by check directly to the County on an account that is currently assigned for collection to
Vendor. This section applies only to those payments a debtor makes directly to the County by
check; it does not apply to payments made in cash, by credit card, or by other medium.
Identification of Uncollectible Accounts Vendor shall continue collection efforts and keep
all accounts referred by the County until Vendor or the County reasonably determines that
an account is uncollectible, or is paid in full.
If, after one (1) year of initial placement there is not collection activity, the County reserves
the right to remove the account (s) that were originally placed, and opt to place them in the
hands of a separate agency.
Returned Accounts - Vendor shall provide to the County a monthly report listing all
accounts canceled or returned to the County during the preceding month.
Upon request by the County, Vendor shall provide a collection history/summary. The Vendor
shall also return all documentation provided by the County, any notices of bankruptcy, etc.,
and any documentation obtained during litigation.
The Vendor will assign its interest in judgments to the County when an account is returned or
this Agreement ends. Such accounts shall be returned on a monthly basis, and no backlog
shall exist at any time.
All legal fees (VENDOR'S RECOVERY AMOUNT) still owing, if applicable must be clearly
identified on the return report. If future payment is received, County shall remit payment to
Vendor up to the amount of the VENDORS RECOVERY AMOUNT.
Page 9 of 10
16A 3
Exhibit B
Service Requirements for Collection Services
1. Within one (1) month of contract execution, key personnel assigned to the County shall schedule a
meeting via telephone.
2. The Contractor shall assign at least one (1) person on the County account to be a key point of
contact for the County. Such person shall be readily accessible and responsive to County
personnel. This key contact shall be responsible for coordinating all account related workflow,
resolving problems on a timely basis and promptly returning telephone calls or other methods of
communication including but not limited to faxes, emails and/or correspondence. At least one (1)
backup person shall be assigned to the County account and will provide the same personal
service as listed previously should the primary contact person be unavailable for any reason.
Collier County calls to collection agency must be returned within twenty-four (24) hours.
3. All employees assigned to the County account shall be properly bonded and insured.
4. Absolutely no settlement will be taken on any account without prior written approval from the
Contract Manager or their designee and the Board of County Commissioners.
5. Payment to Collier County shall be made no later than the twentieth (20th) day of each month.
6. Collier County shall send payment information to collection agency no later than the tenth (10th) of
each month.
7. No calls to accounts shall be made on Sundays.
8. No calls to accounts shall be made after 8:00 p.m. Monday through Friday, and after 6:00 p.m. on
Saturdays.
9. Time accounts agreements (accounts paying monthly) shall pay in an amount not less than
twenty-five ($25.00) per month. If payment is less than required minimum payment will be
processed.
10. Collier County will charge one percent (1%) interest per month on all accounts. Collection agency
must have ability to charge interest on any accounts assigned by the County
11. Collier County and collection agency will reconcile accounts monthly. This will be done by the
fifteenth (15th) day of the following month. Contractor shall provide reporting in a format
acceptable to the Contract Manager or their designee, which may include hard copy, file, disk, or
electronically. The Contractor may also be asked to provide aged account reporting in the same
formats.
12. The County shall have the right to audit any records of the Contractor that pertain to the County
accounts upon giving a minimum of forty-eight (48) hours notice.
13. Any demographic and insurance information that is found in regard to a patient should be reported
to Collier County and or the County's contracted billing company within twenty four (24) hours via
web viewing.
14. Claims shall be worked within two (2) days of receiving information if information is provided
electronically and within three (3) days if information is provided by another method.
15. No legal action will be taken on any account by anyone other than Collier County attorneys unless
prior authorization is given in writing by the Contract Manager or their designee.
16. The Contractor's employees who are assigned to work on collection of County accounts shall
conduct themselves in a professional manner when dealing with said accounts. Employees must
be sensitive to the fact that some accounts may involve patients who have been seriously ill. The
County shall require the Contractor to remove from the County account any employee deemed to
be careless, incompetent, insubordinate or otherwise objectionable, or whose continued
employment on the County account is deemed to be contrary to the interest of the County.
17. Collection agency to provide web access for reviewing of the account status and ability to run
reports. .
Page 10 of 10
16A 3
A CORDTM CERTIFICA TE OF LIABILITY INSURANCE DATE (MMlDDIYYYY)
6/24/2009
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Aon Risk Services Central, Inc. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
8300 Norman Center Dr Ste 1000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Minneapolis MN 55437-3844 INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemnitv 25682
MINTEX, INC INSURER B: Travelers Indemnity 25658
800 W 5TH AVE, STE 100A INSURER C:
INSURER D:
NAPERVILLE IL 60563 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY
REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.
Ar.J RFr.ATF LIMIT!'; !';HOINN MAY HAVE RFFN REDlJ~ED BY PAID (", "1M"'.
INSR ADD'L TYPE OF INSURANCE POLICY NUMBER P~l-+~~~~gg~E Pgk!fl(~rX~~N LIMITS
~NERAC LIABILITY EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY ~~~~~~J?E~~~J~r?ence' $ 300,000
A X I CLAIMS MADE ~ OCCUR 6804947M300 8/1/2009 8/1/2010 MED EXP (Anv one nerson' $ 5,000
PERSONAL & ADV INJ"RY $ EXCLUDED
GENERAL AGGREGATE $ 2,000,000
~'L AGGREnE LIMIT AAES PER: PR()()1 J(;TS - (;()MP/"P Aroro $ 2,000,000
X POLICY ~r8i LOC
~TOMOBILE LIABILITY COMBINED SINGLE LIMIT $
ANY AUTO (Ea accident)
-
- ALL OWNED AUTOS BODILY INJURY
$
SCHEDULED AUTOS (Per person)
-
- HIRED AUTOS BODILY INJURY $
NON-OWNED AUTOS (Per accident)
-
- PROPERTY DAMAGE $
(Per accident)
GARAGE LIABILITY AUTO ONLY- EA ACCIDENT $
~ ANY AUTO OTHER THAN EA ACC $
AUTO ONLY: AGG $
EXCESS/UMBRELLA LIABILITY $
tJ OCCUR D CLAIMS MADE AGGREGATE $
$
==i DEDUCTIBLE $
RETENTION ~ $
B WORKERS COMPENSATION AND X I T~-7T~J,~" I OJ~-
EMPLOYERS' LIABILITY
ANY PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ 500,000
OFFICER/MEMBER EXCLUDED? UB0417T783 8/1/2009 8/1/2010 E.L. DISEASE - EA EMPLOYEE $ 500,000
If yes, describe under 500,000
SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $
OTHER
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS
IT IS AGREED THAT COLLIER COUNTY, IS INCLUDED AS ADDITIONAL INSURED SOLELY AS THEIR INTERESTS MAY APPEAR.
IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN(OR OTHER NUMBER OF DAYS
DEPENDING ON APPLICABLE STATE REGULATIONS) .
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
COLLIER COUNTY EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL
8801 E. TAMIAMI TRAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT
NAPLES, FL 34112 FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE
INSURER. ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE co=
James Shoop/FRANK ... '----'> ~
ACORD 25 (2001/08)
INS025 (0108).08a
@ ACORD CORPORATION 1988
Page 1 of 2
16A 3
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an
endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing
insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively
amend, extend or alter the coverage afforded by the policies listed thereon.
ACORD 25 (2001/08)
INS025 (0108)08a
Page 2 of 2
16A 3
ACORD.,. CERTIFICATE OF PROPERTY INSURANCE 1 DATE
6/24/2009
PRODUCER PH FAX THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Aon Risk Services Central, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.
THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE
8300 Norman Center Dr Ste 1000 COVERAGE AFFORDED BY THE POLICIES BELOW.
COMPANIES AFFORDING COVERAGE
Minneapolis MN 55437-3844 COMPANY
A Travelers Indemnity Comoanv of
INSURED COMPANY
MINTEX, INC B
800 W 5TH AVE, STE 100A COMPANY
C
NAPERVILLE IL 60563 COMPANY
D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER Pg;+~~~~~~g~E Pgk'fl(~~~~N COVERED PROPERTY LI MITS
LTR
U PROPERTY - BUILDING $
~USES OF LOSS - PERSONAL PROPERTY $
- BASIC f-- BUSINESS INCOME $
- BROAD f-- EXTRA EXPENSE $
SPECIAL f-- BLANKET BUILDING $
-
- EARTHQUAKE f-- BLANKET PERS PROP $
- FLOOD I- BLANKET BLDG & PP $
- I- $
$
- INLAND MARINE f-- $
TYPE OF POLICY f-- $
- $
~USES OF LOSS f-- $
I-- NAMED PERILS - $
OTHER
A ~ CRIME 6804947M300 8/1/2009 8/1/2010 ~ EMPLOYEE DISHONESTY $ 100,000
TYPE OF POLICY - $
.
-- --.J BOILER & MACHINERY $
-
.
~ OTHER
LOCA TlON OF PREMISES/DESCRIPTION OF PROPERTY
SPECIAL CONDITIONS/OTHER COVERAGES
IN THE EVENT OF NON-PAYMENT OF PREMIUM, ONLY 10 DAYS NOTICE OF CANCELLATION SHALL BE GIVEN (OR
OTHER NUMBER OF DAYS DEPENDING ON APPLICABLE STATE REGULATIONS) .
CERTIFICATE HOLDER
CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
COLLIER COUNTY EXPIRATION DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
8801 E. TAMIAMI TRAIL ~ DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
NAPLES, FL 34112 BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE CCJ=
James Shoop/FRANK .. '--'> ~
ACORD 24 (1/95)
INS024 (0195)
@ ACORD CORPORATION 1995