AG 05-006 - ALLIANCE ONE
TI RETURN TO:
CITY OF FEDERAL WAY LAW DEPARTMENT
REQUEST FOR CONTRACT PREPARATIONIDOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1. ORIGINATING DEPT./DIV:
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3. DATE REQ. BY:
2. ORIGINATING STAFF PERSON:
4. TYPE OF DOCUMENT REQUESTED (CHECK ONE)
o CONTRACTOR SELECTION DOCUMENT (E.G, RFB, RFP, RFQ)
o PUBLIC WORKS CONTRACT
o PROFESSIONAL SERVICE AGREEMENT
o GOODS AND SERVICE AGREEMENT
o REAL ESTATE DOCUMENT
o ORDINANCE
"'CONTRACT AMENDMENT (AG#): tP 5"
o OTHER
o SMALL PUBLIC WORKS CONTRACT
o MAINTENANCE AGREEMENT
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o SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS)
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7. EXHIBITS AND ATTACHMENTS: 0 SCOPE, WORK OR SERVICES 0 COMPENSATION 0 INSURANCE REQUIREMENTS/CERTIFICATE 0 ALL
OTHER REFERENCED EXHIBITS 0 PROOF OF AUTHORITY TO SIGN 0 REQUIRED LICENSES 0 PRIOR CONTRACT/AMENDMENTS
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9. TOTALCOMPENSATION$ (INCL EEXPENSESANDSALEST
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REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES 0 NO IF YES, $
8. TERM: COMMENCEMENT DATE:
IF ANY)
PAID BY: 0 CONTRACTOR 0 CITY
o PURCHASING: PLEASE CHARGE TO:
10. CONTRACT REVIEW
)QPROJECT MANAGER
o DIRECTOR
o SIGNATORY (CM, ACM, OR DIRECTOR)
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11. CONTRACT SIGNATURE ROUTING
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ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS
INITIAL/DATE SIGNED
DATE REC'D: 5 - I 4: - (;J '1
o LAW DEPARTMENT
o SIGNATORY (CM, ACM, OR DIRECTOR)
o CITY CLERK
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4/9
ADDENDUM TO
COLLECTION SERVICES AGREEMENT
THIS ADDENDUM modifies that certain collection services agreement (the "Contract")
entered into on May 19, 2005, between Federal Way Municipal Court ("Client") and
AllianceOne Receivables Management, Inc., a Teleperformance Company ("AllianceOne").
THE PARTIES HEREBY AGREE as follows:
1. All conditions, provisions, and terms of the Contract remain in effect unless
modified herein.
2. The term of this addendum shall run concurrently with the term of the Contract
and any renewal( s) thereof.
3. The Client has implemented or will implement a Traffic Safety Camera Program
("TSCP") under RCW 46.63.170 and/or local ordinance, and anticipates referring
infraction accounts arising from the TSCP to AllianceOne for collection.
AllianceOne will accept TSCP accounts at the same rates as other civil infraction
accounts. AllianceOne is authorized to communicate directly with Client's TSCP
vendor and receive information and documentation directly from said vendor
whenever necessary or desirable. Where desired by the Client, its TSCP vendor
will perform the ministerial task of supplying account data directly to
AllianceOne sufficient for AllianceOne to create account files on referred
accounts.
DATED this ~ day of (VI CA.)
,2009.
AllianceOne Receivables Management, Inc.,
a Teleperformance Company
Federal Way Municipal Court
By:
Susan Jensen,
By:~/</~.../ p~
Traffic Safety Camera Addendum - 1
Carol
From:
Sent:
To:
Subject:
Rae Iwamoto
Friday, May 22, 2009 3:07 F'1\il
Aaron Walls; Carol McNeilly
RE: Alliance One agreement
up to
From: Aaron Walls
Sent: Friday/ May 22/ 2009 3:00 PM
To: Rae Iwamoto; Carol McNeilly
Subject: RE: Alliance One agreement
All did
survived the
until terminated.
the now
and was effective on its
but
Given H,at the
amended we
makes this one
Aaron Walls
From: Rae Iwamoto
Sent: Tuesday, May 19/ 2009 10:15 AM
To: Aaron Walls
Subject: FW: Alliance One agreement
I believe our
Is
either
Rae
From: Carol McNeilly
Sent: Tuesday/ May 19, 2009 10:00 AM
To: Rae Iwamoto
Subject: Alliance One agreement
Rae,
1
the
It
of the contract.
contract it that
that it did not
it would be best if the next time this
District Court's contract
I received the
modify it. You
the agreement
ndum, however, the
extend the expiration date
to you.
Thanks,
2
(AG#05-6)
! agreement or
so we cannot
one. I will return
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DATE OUT:
TO:
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REQUÈ'ST FOR CONTRACT PREPARATION/DOCUMENT REVIEW/SIGNATURE ROUTING SLIP
1.
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7.
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11.
ORIGINATING DEPT/DIY: ~C
ORIGINATING STAFF PERSON.{Jin fL,'-ttrffrntf. 1\
TYPE OF DOCUMENT REQUESTED (CHECK ONE)
0 PROFESSIONAL SERVICE AGREEMENT
D MAINTENANCE/LABOR AGREEMENT
0 PUBLIC WORKS CONTRACT
D SMALL PUBLIC WORKS CONTRACT
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3, DATE REQ. BY: Mtlp-
0 SECURITY DOCUMENT (E,G, AGREEMENT &
PERF/MAIN BOND: ASSI(iNMENT OF FUNDS IN LIEU OF BOND)
0 CONTRACTOR SELECTION DOCUMENT
(LESS THAN $200,000)
D PURCHASE AGREEMENT)
(MATERIALS, SUPPLIES, EQUIPMENT)
0 REAL ESTATE DOCUMENT
(E,G, RFB, RfP. RFQ)
0 CONTRACT AMENDMENT
0 CDBG
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ATTACH ALL EXHIBITS AND CHECK BOXES 0 SCOPE OF SERVICES 0 ALL EXHIBITS REFERENCED IN DOCUMENT
D INSURANCE CERTIFICATE D DOCUMENT AUTHORIZING SIGNATURE
TERM: COMMENCEMENT DATE: C- cL r (f fL-t'
COMPLETION DATE: / J I' 01 OCt
TOTAL COMPENSATION $ (INCLUDE EXPENSES AND SALES TAX, IF ANY)
(IF CALCULATED ON HOURLY LABOR CHARGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES)
REIMBURSABLE EXPENSE: 0 YES 0 NO IF YES, MAXIMUM DOLLAR AMOUNT: $
IS SALES TAX OWED 0 YES D NO IF YES, $ PAID BY: D CONTRACTOR D CITY
CONTRACT REVIEW
~ROJECT MANAGER
0 DIRECTOR
0 RISK MANAGEMENT
DLAW
INITIAL/DATE APPROVED
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CONTRACT SIGNATURE ROUTING
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Receì vables
COLLECTION SERVICES AGREEMENT
THIS AGREEMENT is entered into between CITY OF FEDERAL WAY, hereinafter called "CITY,"
and AliianceOne Receivables Management, Inc., an AliianceOne company, hereinafter called
"AO!." This agreement shall be considered as an addendum to that certain King County District
CITY Contract No. M 1 0219M, but shall also be effective on its own terms should said King County
District CITY Contract expire or otherwise be inapplicable in whole or part.
For and in consideration of the compensation hereinafter described and the covenants and
conditions herein contained, the parties agree as follows:
1.
Assiqnment of Accounts. CITY will assign to AOI for collection such delinquent accounts,
hereinafter called "accounts," as CITY deems appropriate.
2.
Collection Efforts. AOI will use commercially reasonable efforts to collect said accounts,
and will confine its efforts to the highest standard of ethical practice. The CITY and AOI
recognize that the appropriate level of activity may vary according to the type of account,
the account balance and the information available.
3.
Debts Just and OwinQ. CITY certifies that every acéount referred will contain accurate
information and will be just and owing, and will not be subject to any valid defense, set-off
or counterclaim, including that such account or the obligor of such account will not be
subject to any bankruptcy proceeding, stay or discharge as of the time of referral.
4.
Compliance with Law. AOI's collection activities shall comply with federal, state and local
laws, including the Fair Debt Collection Practices Act (FDCPA), where applicable.
5.
Leqal Action. No legal action will be commenced on any account without written
permission, first obtained, from CITY. Legal action commenced under this agreement shall
be in the name of AOI and not CITY. AOI will promptly advise CITY if any legal action is
contested. CITY will provide evidence as requested by AOI to support approved legal
action, including providing a witness or witnesses for live testimony if requested. Unless
otherwise agreed, legal costs and fees will be paid by AOI and not CITY, and will be
recoverable from the DEBTOR where allowed by applicable law, out of first monies
recovered.
6.
Severability. In the event any term or condition of this Agreement or application thereof to
any person or circumstance is held invalid, such invalidity shall not affect other terms,
conditions, or applications of this Agreement which can be given effect without the invalid
term, condition, or application. To this end the terms and conditions of this Agreement are
declared severable.
7.
Compensation and Method of Payment. For services provided pursuant to this Contract, the
Contractor shall be entitled to compensation as follows:
A. Pre-Collection Demand Letter: No Charge.
B. Collection Fees: The CITY will assess a Collection Fee pursuant to RCW 3.02.045. Unless
otherwise instructed by the CITY, for accounts assigned to collection by the CITY and collected by
the Contractor from the debtor, the Contractor shall add this Collection Fee to the principal amount
of the debt to each account by category of account as set forth below:
COLLECTION SERVICES AGREEMENT
Page 2
1. A 29% Add-on fee (0.2248 retained) for secondary/historical accounts that are either (a)
transferred to the Contractor from former collection agency or (b) aged four years or older
from the effective date of the Contract.
2.
A 24% Add-on fee (0.1935 retained) for secondary/historical accounts that are
either (a) first assigned to the Contractor through its previous contract with the
County or (b) aged up to four years from the effective date of the contract.
3.
A 19% Add-on fee (0.1596 retained) for new accounts assigned to the Contractor
on and after the effective date of this contract
4.
In addition to the above noted fees, the CITY will assess an additional 2%, which
will be added by Contractor at the time the account enters its system. Contractor
will retain the amounts noted in paragraphs 1, 2, and 3. The amounts generated
from the additional 2% will be remitted to the City by the Contractor.
C. Partial Payments: Partial payments made on assigned accounts shall be remitted to the CITY
based upon the same pro rata formula applied to accounts that are paid in full. By way of
illustration, and assuming a 19% add-on fee: $100 fine x 19% = $119 new balance to be
collected; a $50 payment received would be remitted as follows: $42.02 to the CITY; $7.98 to the
Contractor ($7.98 = .1596 of $50).
D. Interest on Accounts: Upon assignment to collections and only while in active collection status,
interest shall accrue on unpaid civil judgments, penalties, fines, bail forfeitures, assessments, fees
and costs at the rate of twelve percent per annum. The interest shall be added to the account by
the Contractor, collected by the Contractor, and remitted in full by the Contractor to the CITY.
E. Accounts previously assigned by the City and residing in AllianceOne's database as of the
date of this contract shall remain at the contractual collection agency fee which was in effect at the
time the account was first referred.
E. Monthly Payment Collection Services and Fees: The Contractor will offer the Signal Credit
Management Services Program for CITY clients. The CITY will assess and the Contractor may
add fees for this service ("Service Fees") as follows:
1.
$15.00 Account Set-Up Fee: a one-time charge per client per CITY of
limited jurisdiction.
$ 4.75 Monthly Fee: one charge per account per client with one case.
$ 8.25 Monthly Fee: one charge per account per client with multiple
cases.
$ 7.75 Monthly Fee: one charge per account per client with one case in
"past due status."
$11.25 Monthly Fee: one charger per account per client with multiple
cases in "past due status."
2.
3.
4.
5.
Service Fees shall not be added to the principal amount of the debt for purposes of
calculating the Contractor's Collection Fee authorized in paragraph B above.
F. Remittance Method: For payments to accounts collected by the Contractor, the Contractor
shall deduct the Collection Fee prior to remitting the principal amount to the CITY, as presently
authorized by state law and an enabling CITY Order.
G. Change in Law. Should there be changes in laws or CITY policy which prescribe/allow a
different method for recovering Collection Fees, the Contractor shall modify its methods
accordingly, upon instruction from the CITY.
8.
Pavments to CITY. A payment made on behalf of a debtor directly to CITY on an assigned
account will be promptly reported to AOI by CITY.
Revised 07/04
COLLECTION SERVICES AGREEMENT
Page 3
Neqotiable Instruments. CITY authorizes AOI to endorse checks or other instruments
payable to CITY and deposit same into a trust account separately maintained by AOL
CITY further authorizes AOI to send notices of dishonor or other notices on CITY's behalf
for dishonored instruments, to assess and collect any permissible dishonored instrument
fees, and to retain any recovered fees per compensation section of this agreement,
whether such instruments were issued before or after assignment of the account.
9.
10.
Account Audits. CITY may audit AOl's records pertaining to accounts assigned for
collection upon reasonable notice.
11.
Term and Termination. This agreement will remain in effect until terminated by either
party. Any assignments by CITY and work performed by AO! prior to the signing of this
Agreement is specifically approved by the parties and ratified by this Agreement. This
Agreement may be terminated in whole or in part from time to time when deemed by the
CITY or AOI to be in its best interest. Termination of work hereunder shall be effected by
delivering to a party a Notice of Termination thirty (30) days prior to the specified effective
date, detailing the extent to which performance of work under this Agreement is
terminated.
12.
Non-discrimination. AOI, in its collection efforts, will not discriminate against any DEBTOR
on the basis of race, color, creed, religion, sex or national origin. AOI will comply with the
requirements of the Americans with Disabilities Act of 1992, and all regulations interpreting
or enforcing said Act.
13.
Beneficiaries to Contract. This Agreement is entered into for the benefit of CITY and AOL
No third-party beneficiaries are intended to be created or are created hereunder.
14.
Entire Aqreement. This Agreement, along with King County Contract No. M10219M,
constitutes the entire understanding between AOI and CITY regarding collection services
provided to CITY by AOI, and may not be modified except by written agreement signed by
both parties.
IN WITNESS WHEREOF, the parties have executed this contract on the date last written below.
City Manager
TITLE: ¿: \
~oJ
--v--<-
ADDRESS:
6565 Kimball Drive, Suite 200
P. O. Box 2449
Gig Harbor, WA 98335-4449
DATE '/0/°:)
ADDRESS:
33325 8th Ave. S.
P. O. Box 9717
Federal wa~ WA 98063
DATE: / IrJ\
f
Revised 07/04