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HomeMy WebLinkAboutAmerican Capital Enterprises; 2008-01-28;AMENDMENT NO. 2 TO EXTEND THE AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITOL ENTERPRISES, INC. This Amendment No.2 is entered into and effective as of the 3 (i~4- day of bCL ,uld-, , 20%, extending the agreement dated January 28, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and American Capital Enterprises, Inc., a corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. On April 6, 2009, the Parties executed Amendment No. 1 to the Agreement to provide collection services, extending the term of the Agreement to January 28, 2010; and B. The Parties desire to extend the Agreement for a period of one (I) year, ending on January 28,201 1. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. The Agreement, as may have been amended from time to time, is hereby extended for a period of one (1) year ending on January 28,2011. 2. All other provisions of the Agreement, as may have been amended from time to time, shall remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, shall include coverage for this Amendment. City Attorney Approved Version #05.22.01 4. The individuals executing this Amendment and the instruments referenced on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions hereof of this Amendment. CITY OF CARLSBAD, a municipal *By: corporation of the State of California (sign here) e.b*Lvl 6 (9~77tlr70d, /&5 (print nameltitle) kb [,Cti-)kz5~ tug wic&li~3~c c.., ATTfs:: (e-mail address) **By:] Lq~~~ City Clerk (sign here) +*d h~k&n~r;/zl,5€C/c'~m~~~ (print nameltitle) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation, Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President "Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney City Attorney Approved Version #05.22.01 RATIFICATION OF AMENDMENT NO. 1 TO EXTEND THE AGREEMENT FOR COLLECTION SERVICES AMERICAN CAPITAL ENTERPRISES This Ratification of Amendment No. 1 is entered into (Jiffa-Qj tj , 2009, but effective January 28, 2009, extending the underlying initial agreement between the Parties dated January 28, 2008 (the "Agreement") by and between the City of Carlsbad, a municipal corporation, ("City"), and American Capital Enterprises, Inc. a corporation, ("Contractor") (collectively, the "Parties"). RECITALS A. The Agreement, as amended from time to time expired on January 28, 2009 and Contractor continued to work on the services specified therein without the benefit of an amendment. B. The Parties desire to ratify the amendment extending the term of the Agreement, for a period of one (1) year, ending on January 28, 2010. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. Amendment No. 1 to the Agreement, is hereby retroactively approved and the Agreement is hereby extended for a period of one (1) year, ending on January 28, 2010. 2. All other provisions of the Agreement, as may have been amended from time to time, will remain in full force and effect. 3. All requisite insurance policies to be maintained by the Contractor pursuant to the Agreement, as may have been amended from time to time, will include coverage for this Amendment. City Attorney Approved Version #04.11.01 4. The individuals executing this Amendment and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Amendment. CONTRACTOR CITY OF C corporation of By: .SBAD, a municipal 3te of California (sign here) ) £./Uf> (print name/title) (e-mail address) (sign here) (print name/title) (e-mail address) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. *Group A. Chairman, President, or Vice-President **Group B. Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD RaBALL, City Attorney JJeptrty City Attorney City Attorney Approved Version #04.11.01 AGREEMENT FOR COLLECTION SERVICES (American Capital Enterprises) THIS AGREEMENT is made and entered into as of the CxQ day of 5V^jqjrVsvjA. 20CfS . by and between the CITY OF CARLSBAD, a municipal corporation, ( CityllV and American Capital Enterprises, Inc. a corporation, ("Contractor"). RECITALS A. City requires the professional services of a collection service that is experienced in debt recovery. B. Contractor has the necessary experience in providing professional services and advice related to debt recovery. C. Selection of Contractor is expected to achieve the desired results in an expedited fashion. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3- TERM The term of this Agreement will be effective for a period of one (1) from the date first above written. The City Manager may amend the Agreement to extend it for three (3) additional one (1) year periods or parts thereof in an amount not to exceed fifty thousand dollars ($50,000) per Agreement year. Extensions will be based upon a satisfactory review of Contractor's performance, City needs, and appropriation of funds by the City Council. The parties will prepare a written amendment indicating the effective date and length of the extended Agreement. City Attorney Approved Version #1128.06 4. TIME IS OF THE ESSENCE Time is of the essence for each and every provision of this Agreement. 5. COMPENSATION The total fee payable for the Services to be performed during the initial Agreement term will not exceed fifty thousand dollars ($50,000), and will be paid as defined under "Collection Programs" in the attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. No other compensation for the Services will be allowed except for items covered by subsequent amendments to this Agreement. The City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or Services specified in Exhibit "A". 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. City Attorney Approved Version #11.28.06 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused by any negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self- administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:V". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless City Attorney or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 10.1.1 Commercial General Liability insurance. $1.000.000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 10.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. City Attorney Approved Version #11.28.06 10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code and Employer's Liability limits of $1,000,000 per accident for bodily injury. Workers' Compensation and Employer's Liability insurance will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 10.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. 10.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 10.2.1 The City will be named as an additional insured on General Liability. 10.2.2 Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 10.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the right to require, at anytime, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. City Attorney Approved Version #11.28.06 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and subcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 15. NOTICES The name of the persons who are authorized to give written notices or to receive written notice on behalf of City and on behalf of Contractor under this Agreement. For City: For Contractor: Colette Wengenroth Name Ronald G. Matheson Finance Manager Title President Finance Department Address 42145 Lyndie Ln, ste 212 City of Carlsbad Temecula, CA 92591 1635 Faraday Avenue Phone No. 951-695-3372 Carlsbad, CA 92008-7314 Phone No. 760-602-2468 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST City will evaluate Contractor's duties pursuant to this Agreement to determine whether disclosure under the Political Reform Act and City's Conflict of Interest Code is required of Contractor or any of Contractor's employees, agents, or subcontractors. Should it be determined that disclosure is required, Contractor or Contractor's affected employees, City Attorney Approved Version #11.28.06 agents, or subcontractors will complete and file with the City Clerk those schedules specified by City and contained in the Statement of Economic Interests Form 700. Contractor, for Contractor and on behalf of Contractor's agents, employees, subcontractors and consultants warrants that by execution of this Agreement, that they have no interest, present or contemplated, in the projects affected by this Agreement. Contractor further warrants that neither Contractor, nor Contractor's agents, employees, subcontractors and consultants have any ancillary real property, business interests or income that will be affected by this Agreement or, alternatively, that Contractor will file with the City an affidavit disclosing this interest. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants that the services required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. City Attorney Approved Version #11.28.06 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et sea., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor City Attorney Approved Version #11.28.06 acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. CONTRACTOR (sign here) (print name/title) CITY OF corporatioi By: ATTE LORRAINE M. WOOD City Clerk (print name/title) (e-mail address) City Attorney Approved Version #11.28.06 If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a Corporation. Agreement must be signed by one corporate officer from each of the following two groups. "Group A. **Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: RONALD R. BALL, City Attorney By:_ Deputy City Attorn (Remainder of Page Intentionally Left Blank) City Attorney Approved Version #04.01.02 EXHIBIT "A" SCOPE OF SERVICES AND FEE Collection Philosophy and Methodology We help clients realize their accounts receivable objectives, with outstanding collection performance and exemplary services, while maintaining their goodwill in the community. The Collection Process: • Upon the accounts being put into our system, and the first notice being sent to the debtor, all accounts are run through our automated dialer system providing maximum coverage to obtain debtor response. • We provide a full compliment of notices, as needed, and collector telephone calls to motivate debtors. We may provide sample letters to you upon request. Accounts are referred to a collection desk if no response from the automated dialer or if there is no phone number on the account. • Balances over $1,000 are reviewed for possible litigation if warranted, and allowed, by our Client. • Accounts are reported to Experian (TRW) after the accounts have been in the office for 30 days. • Skiptracing is done on accounts with no phone numbers. Examples of our skiptracing technologies are covered in the skiptracing section. • All balance sizes are accepted for collections. With our technology, small balance accounts get fair treatment. • American Capital can undertake a rework on existing or on second placements. Collection Programs: Our office custom tailors a program to fit the needs of our clients from letter service to regular collections. In general, we have listed typical services that we provide. Letter Service (Pre-collect) $20.00 fee per account Letter Service (Pre-collect) accounts will get 2 notices over a 45 day period with a $20.00 fee being added to the bill prior to the 2nd notice being City Attorney Approved Version #04.01.02 mailed. These notices will state that we are assisting your office on these accounts. At a pre-agreed time, typically 60 days from assignment, the account would automatically roll to regular collections at the regular contingency fee if payment has not been made. At that time, a negative entry on the customers Experian Credit Report will be made. The advantage to this service is that the net return to the City is 100% if the debtor pays within the agreed time frame before the account would be rolled over for regular collections. With the notices going out with our information, it reduces the calls and involvement of the City and our office handles all calls and correspondence. Letter Service $20.00 per account Letter Service accounts would receive the same treatment as the Pre- Collect Service with the exception that these accounts would not "roll to hard core collections." These accounts would stay in the office and would be reported to Experian as collection accounts at 60 days or at a predetermined time and the account would be suspended. No telephone calls would be made on these accounts. This is based on a volume of no more than 200 accounts annually. Regular Collections 25% contingency Regular collection accounts are fully explained in Attachment V. Our office makes use of an automated dialer system as described so we have no minimum on the dollar amount that we accept. Accounts are actively worked from the date of assignment. Rework projects are routinely done on a periodic basis to help ensure the maximum collected as financial situations may change for the debtors. Legal Accounts 50% contingency Our office, upon the City Attorney's approval, will initiate litigation when a balance warrants such action and we have located assets for the debtor. There is no up front cost to the City for this service. Our office will handle all fees in relation to these accounts. We are also willing to accept Judgment accounts where the City already has a judgment and wants us to pursue the recovery. Second Placement Accounts 50% contingency City Attorney Approved Version #04.01.02 Second placement accounts will be accepted from the City of Carlsbad at a 50% contingency fee, only after confirmation that the accounts have been properly canceled from the previous Agency. SCOPE OF COLLECTION SERVICES Description of Service Provided: American Capital will diligently attempt to effectuate payment on all bad debt accounts assigned. Collection Services include: • Manual input of all hard copy account information into our computer system (assignments by electronic media is available by e-mail, floppy disk, diskette, 9 tract and CD-Rom). • Computer matching of any previous debts with new accounts. • A written acknowledgement of accounts received. • First notices in mail to debtors promptly. • All accounts run through our Auto Dialer providing maximum coverage to obtain debtor response. • Accounts that are referred to live collection desk (if no response). • Full complement of notices, as needed, and collector telephone calls to motivate debtors. • Monthly reports as Client designates. • Monthly remittance of dollars collected. Credit Reporting Services: • All accounts are listed with Experian Credit Bureau via computer tape to help effectuate eventual payment up to 7 years from the date of the debt. Documentation and Reports: • Acknowledgement Reports are sent promptly to the Client after the accounts are assigned. We use the Clients account number for easy referencing. • Remittance Advice Reports are sent to the Client on a monthly basis showing the recovered dollars for the previous month. • Creditor Master Reports are sent to the Client monthly, quarterly, or as needed. This report shows all debtors assigned to collections, balance, payments and the status of the account. • Cancel Reports are generated to show accounts closed out by our office at your request or for other specific reasons. • Special Reports for Clients may be provided as requested. Our computer company may custom tailor a report to "fit" a Clients' special need. They can do this on short notice, when necessary. City Attorney Approved Version #04.01.02 Management Audits: • To ensure compliance with all internal and external collection procedures, our Collection Manager audits a percentage of the collection files assigned to a collector's desk. Attorney Services • Attorney is assigned all balances in excess of $1,000 and personally reviews and works the accounts. • Balances in excess of $1,000 have Experian Credit Reports run and are provided to Attorney as part of the collection process. • Legals filed on accounts over $1,000 at agency's expense with the Client's approval. Lawsuits not filed if debtors are "judgment proof or no assets available to execute on. Skiptracinq Services Include: . Skkptracing services for "skips" include computerized databases searching by the following topics. Public Filing and Information: Property Tax Uniform Commercial Claims (UCC) filings Secure Loans/Debts Fictitious Business (DBAs) California Corporation/Limited Partnerships Board of Equalizations Department of Consumer Affairs Contractors License California Civil Index Filings Address and Telephone Information Providing: Exact address matches and nearbys Exact name matches Similar names with zip code areas Phone number matches (both home and business) City Attorney Approved Version #04.01.02