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HomeMy WebLinkAbout2019-317 Agrmt- Ray Klein dba Professional Credit Service CITY-RECORD n-i c e a COLLECTION SERVICES AGREEMENT, PROVIDER: Ray Klein.Inc.,dba Professional Credit • Service(www.professioanlcredit.com) CONTACT: Rob Nestell, Senior Account Executive CITY OF ASHLAND ADDRESS: 400 International Way, Suite 200 20 East Main Street Springfield, Oregon 97477 Ashland,Oregon 97520 PO Box 7548 Telephone: 541/488-5587 Springfield, Oregon 97475 Fax: 541/488-6006 PHONE: 888-888-1992,541-335-2204 CELL: 541-915-1762 EMAIL: rob cr.hawes.group This Collection Services Agreement(hereinafter"Agreement")is entered into by and between the City of Ashland, an Oregon municipal corporation(hereinafter "City") and Ray Klein, Inc., a foreign business corporation, dba Professional Credit Service(hereinafter"Provider"),to provide debt collection services for the City of Ashland. 1. PROVIDER'S OBLIGATIONS: ( 1.1 Provide third-party debt collection services for the City, including providing the highest levels of customer service, as set forth in the "SUPPORTING DOCUMENTS" attached hereto and, by this reference, incorporated herein. Provider expressly acknowledges that time is of the essence of any completion date set forth in the SUPPORTING DOCUMENTS, and that no waiver or extension of such deadline may be authorized except in the same manner as herein provided for authority to exceed the maximum compensation. The goods and services defined and described in the "SUPPORTING DOCUMENTS"shall hereinafter be collectively referred to as"Work." 1.2 Provider shall obtain and maintain during the term of this Agreement and until City's final acceptance of all Work received hereunder, a policy or policies of liability insurance including commercial general liability insurance with a combined single limit, or the equivalent, of not less { than$2,000,000(two million dollars)per occurrence for Bodily Injury and Property Damage. 1.2.1 The insurance required in this Article shall include the following coverages: • Comprehensive General or Commercial General Liability, including personal injury, contractual liability,and products/completed operations coverage; and • Automobile Liability. 1.2.2 Each policy of such insurance shall be on an "occurrence" and not a "claims made" form, and shall: • Name as additional insured "the City of Ashland, Oregon, its officers, agents and employees" with respect to claims arising out of the provision of Work under this Agreement; Page 1 of 7: Collection Services Agreement between the City of Ashland and Professional Credit Service 1 4 , . 1 . • Apply to each named and additional named insured as though a separate policy had been issued to each,provided that the policy limits shall not be increased thereby; 1 • Apply as primary coverage for each additional named insured except to the extent that 1 two or more such policies are intended to "'layer" coverage and, taken together, they 1 provide total coverage from the first dollar of liability; 4 • Provider shall immediately notify the City of any,change in insurance coverage. • Provider shall supply an endorsement naming the City, its officers, employees and agents as additional insureds by the Effective Date of this Agreement; and 1 • Be evidenced by a certificate or certificates of such insurance approved by the City. 13 All subject employers working under this Agreement are either employers that will comply with ORS 656.017 or employers that are exempt under ORS 656.126. As evidence of the insurance required by this Agreement, the Provider shall furnish an acceptable insurance certificate prior to 1 commencing any Work under this Agreement. 1 L4 Provider agrees to abide by all relevant provisions of Oregon Revised Statutes Chapter 295 related 1 J to depositories of public funds. 1.5 Provider shall maintain the strict confidentiality of all debtor information submitted to Provider by . . 11 the City and agrees to abide by the provisions of Oregon Revised Statutes 646A.600 to 646A.628, 1 the Oregon Consumer Information Protection Act, and the City's Identity Theft (Red Flag) Prevention Program adopted pursuant to City Resolution No. 2010-24, which is attached hereto as one of the Supporting Documents. 1.6 Provider agrees that no person shall,on the grounds of race,color,religion,creed,sex,marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual Iorientation, gender identity or source of income, suffer discrimination in the performance of this 1 Agreement when employed by Provider. Provider agrees to comply with all applicable requirements , 1 of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority-owned business, woman-owned business, a business that a service-disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I10. i 1.7 In all solicitations either by competitive bidding or negotiation made by Provider for work to be i performed under a subcontract, including procurements of materials or leases of equipment, each I potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination i laws. 2. FEES AND REMITTANCE: 2.1 Provider may keep a twenty-three percent(23%)contingency fee for any money collected on behalf of the City as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. The City shall be responsible for notifying the debtor of the existence of the debt,that the debt may be assigned to a private collection agency for collection, and of the twenty-three percent (23%) 1 t i contingency fee PRIOR to assignment of the debt to Provider as required by Oregon Revised Statute 1 1 697.105. , 1 , i Page 2 of 7: Collection Services Agreement between the City of Ashland and Professional.Credit Service i i 2.2 In no event shall Provider be entitled to keep more than twenty-three(23%)of any money collected on behalf of the City. • 2.3 In no event shall Provider charge interest on any unpaid debt to the City at a rate of more than nine percent(9%)per annum. 2.4 Provider shall remit all funds collected on behalf of the City by check to the following address: City of Ashland Municipal Court, 1175 East Main Street, Ashland, Oregon 97520. Such remittances shall be made monthly by the tenth(10111)day of each month for collections received during the prior month. A collection report detailing all funds collected shall be submitted to the.City electronically by the tenth(10th)day of each month for the prior month. Reports shall be in electronic format using Excel. 2.5 The City does entertain compromise or settlement offers. 2.6 The City does have warrant and garnishment authority. 3. GENERAL PROVISIONS: 3.1 This is a non-exclusive Agreement. The City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 The City may recall any account sent to Provider for collection AT ANY TIME IN IT SOLE DISCRETION. 3.3 Any file transfers between the parties must use secure FTP sites. 3.4 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.5 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance,paid leave,and retirement. 3.6 This Agreement embodies the full and complete understanding of the parties respecting the subject matter hereof. It supersedes all prior agreements, negotiations, and representations between,the parties,whether written or oral. 3.7 This Agreement may be amended only by written instrument executed with the same formalities as this Agreement. 3.8 The following laws of the State of Oregon are hereby incorporated by reference into this Agreement: ORS 279B.220,279B.230 and 279B.235. 3.9 This Agreement shall be governed by the laws of the State of Oregon without regard to conflict of laws principles. Exclusive venue for litigation of any action arising under this Agreement shall be in the Circuit Court of the State of Oregon for Jackson County unless exclusive jurisdiction is in federal court, in which case exclusive venue shall be in the federal district court for the district of Oregon. Each party expressly waives any and all rights to maintain an action under this Agreement in any other venue, and expressly consents that, upon motion of the other party, any case may be dismissed or its venue transferred,as appropriate,so as to effectuate this choice of venue. Page 3 of 7: Collection Services Agreement between the City of Ashland and Professional Credit Service • I • 3.10 Provider shall defend, save, hold harmless and indemnify the City and its officers, employees and agents from and against any and all claims, suits, actions, losses, damages, liabilities, costs, and expenses of any nature resulting from, arising out of, or relating to the activities of Provider or its officers, employees,contractors,or agents under this Agreement. 3.11 Neither party to this Agreement shall hold the other responsible for damages or delay in performance caused by acts of God, strikes, lockouts, accidents, or other events beyond the control of the other or the other's officers,employees or agents. 3.12 If any provision of this Agreement is found by a court of competent jurisdiction to be unenforceable, such provision shall not affect the other provisions, but such unenforceable provision shall be deemed modified to the extent necessary to render it enforceable, preserving to the fullest extent permitted the intent of Provider and the City set forth in this Agreement. 4. SUPPORTING DOCUMENTS: 4.1 The following documents are, by this reference, expressly incorporated into this Agreement, and are collectively referred to in this Agreement as the "SUPPORTING DOCUMENTS": • The State of Oregon Master Price Agreement#1468 and any amendments thereto including, but not limited to Amendments No.#1,#2,#3,and#4. (The Oregon Master Price Agreement and any amendments can be found online on the Oregon Procurement Information Network (ORM): https://www.oregon.goviDAS/Procurement/pagestindex.aspx ) • The Provider's complete written proposal dated April 18,2019. • The City's Identity Theft (Red Flag) Prevention Program adopted pursuant to City Resolution No.2010-24. 4.2 This Agreement and the SUPPORTING DOCUMENTS shall be construed to be mutually complimentary and supplementary wherever possible. In the event of a conflict which cannot be so resolved,the provisions of this Agreement itself shall control over any conflicting,provisions in any of the SUPPORTING DOCUMENTS. In the event of conflict between provisions of two of the SUPPORTING.DOCUMENTS,the several supporting documents shall be given precedence in the order listed in Article 4.1. 5. REMEDIES: 5.1 In the event Provider is in default of this Agreement,City may,at its option,pursue any or all of the remedies available to it under this Agreement and at law or in equity,including,but not limited to: 5.1.1 Termination of this Agreement; 5.1.2 Withholding all monies due for the Work that Provider has failed to deliver within any scheduled completion dates or any Work that have been delivered inadequately or defectively; 5.1.3 Initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief; 5.1.4 These remedies are cumulative to the extent the remedies are not inconsistent, and City may pursue any remedy or remedies singly,collectively,successively or in any order whatsoever. 5.2 In no event shall City be liable to Provider for any expenses related to termination of this Agreement or for anticipated profits.If previous amounts paid to Provider exceed the amount due,Provider shall pay immediately any excess to City upon written demand provided. Page 4 017: Collection Services Agreement between the City of Ashland and Professional Credit Service • 6. TERM AND TERMINATION: 6.1 Term This Agreement shall be effective from the date of execution on behalf of the City as set forth below (the"Effective Date"), and shall continue in full force and effect until June 9,2021,unless sooner terminated as provided in Subsection 6.2. This Agreement may be extended as allowed by the State of Oregon Master Price Agreement#1468. 6.2 Termination 62.1 The City and Provider may terminate this Agreement by mutual agreement at any time. 6.2.2 The City may,upon not less than sixty(60)days'prior written notice,terminate this Agreement for any reason deemed appropriate in its sole discretion. 62 Either party may terminate this Agreement, with cause, by not less than fourteen (14) days' prior written notice if the cause is not cured within that fourteen (14)day period after written notice. Such termination is in addition to and not in lieu of any other remedy at law or equity. 7. NOTICE Whenever notice is required or permitted to be given under this Agreement,such notice shall be given in writing to the other party by personal delivery,by sending via a reputable commercial overnight courier, or by mailing using registered or certified United States mail,return receipt requested,postage prepaid,to the address set forth below: If to the City: City of Ashland Attn: Tina Gray,Human Resource Director 20 E.Main Street Ashland, Oregon 97520 • Phone: (541)552-2101 With a copy to City of Ashland Legal Department 20 E,Main Street. Ashland,Oregon 97520 • Phone:(541)488-5350 If to Provider: Professional Credit Service Attn:Rob Nestell,Senior Account Executive PO Box 7548 Springfield,Oregon 97475 Any notice delivered in person shall be effective as of the date of delivery. Any notice sent via a reputable commercial overnight courier shall be effective three(3)business days after depositing with said courier. Any notice sent by mail using registered or certified United States mail,return receipt requested,shall be effective three(3)business days after depositing in the mail. Page 5 of 7: Collection Services Agreement between the City of Ashland and Professional Credit Service 8. WAIVER OF BREACH One or more waivers or failures to object by either partyto the other's breach of any pprovision, term, condition,or covenant contained in thisAgreementshall not beconstruedas'a waiver of any subsequent breach,whether or not of the same nature. 9. PROVIDER'S COMPLIANCE WITH TAX LAWS 9.1 Provider represents and warrants to the City that: 9.1.1 Provider shall,throughout the term of this Agreement,including any extensions hereof,comply with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305,620.and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.1.2 Provider,for a period of no fewer than six,(6)calendar years preceding the Effective Date of this Agreement,has faithfully complied with: (i) All tax laws of the State of Oregon,including but not limited to ORS 305.620 and ORS chapters 316,317,and 318; (ii) Any tax provisions imposed by a political subdivision of the State of Oregon applicable to Provider;and (iii) Any rules,regulations,charter provisions,or ordinances that implement or enforce any of the foregoing tax laws or provisions. 9.2 Provider's failure to comply with the tax laws of the State of Oregon and all applicable tax laws of any political subdivision of the.State of Oregon shall constitute a materialbreach of this Agreement. Further,any violation of Provider's warranty,as set forth in this Article 9,shall constitute a material breach of this Agreement. Any material breach of this Agreement shall entitle the City to terminate this Agreement and to seek damages and any other relief available under this Agreement,at law, or in equity. Page 6 of 7: Collection Services Agreement between the City of Ashland and Professional Credit Service 3 ?i • i IN WITNESS WHEREOF the parties have caused this Agreement to be signed in their respective 1 names by their duly authorizedrepresentatives as of the dates set forth below. CITY OF ASHLAND: RAY KLEIN,INC.,d i •? "iiii•ESSIONAL.CREDIT i SERVICE: 1 By: By: City Admi stator Signature 6 1',_,,Av • 'Cu I c -et\ i 441 A. V karcF� Printed Name Printed Naze,, g)..-e).)-- ` Title l"LI to I19. r Date 0 Pc_ ( Z�' \ `t Date I J (W-9 is to be submitted with this signed Agreement) & Purchase Order No. APPROVED APPROVED AS TO FORM: ,///. ,e--Y.,e-- L)//4 r_...Assistant City Attorney /�PC2,i4.--, �j ,2 0/ / Date Page 7 of 7: Collection Services Ageement between the City of Ashland and Professional Credit Service .11 Professional . (888)888-1992 Credit •� � professionalcredit.com April 18, 2019 City of Ashland 1175 East Main St Ashland, OR 97520 I want to thank you for the opportunity to present this proposal by Ray Klein Inc., dba Professional Credit Service (Professional Credit)to the City of Ashland. We are excited to provide this proposal for collection services, and are confident that the pricing and services being offered are the best solutions for your • organization and consumers. With us, you will know how your accounts are being worked through our real time, transparent, online Client Tools web portal, and that your consumers are treated with genuine respect and care. Our Mission is to provide our Clients with the greatest monetary recovery available,while maintaining a complete commitment to protecting your image in the eyes of your customers and the community. Consistency in providing the greatest returns, while delivering the highest levels of customer service and consideration,.helped Professional Credit be awarded the State of Oregon Collections Contract, which we have maintained since 2000. Professional Credit is still on the contract until June of 2021.-Our Professional Practices Management System (PPMS®) certification from ACA International also speaks to the standards of excellence we adhere to in every interaction. Only fifty-eight agencies world-wide hold the PPMS® certification. Professional Credit carefully tracks all consumer complaints and disputes to ensure customer satisfaction. We are 99.99% complaint free. That's only one complaint in 17,000 c ntacts. The services we provide are unique in many ways, and are offered at a valuable price-. We are pleased to extend the following proposal, and are confident you will find Professional Credit the right partner based on our competitive pricing and outstanding service. Sincerely, Rob Nestell Senior Account Executive • •HFMAstaff andvolunteeisdeternunedthatthae healthmrebismessdutionshave met cartena; j7/. ✓ 't REVIEWED 'developed under the HFMA Peer Review Pram.fin/VI SSA' Q e arnQA1 \t, y i � a P c [(717 ® x[61 ' i °f 4 O ---by HFMA-- !• does riot e�dorsewguaranteethe useoitlaehealduaie .'� - -- - - -;-• _7:- 6 husrnsssohtio sorthataiymullswillbe°Wall . ') 1 , Professional 1 csesi 888-1992 professionalcredit.com Credit Scope of Services At Professional Credit we understand that collecting on past due municipal accounts requires specialized care. Our staff has been providing collections services for more than 85 years. It is our philosophy to listen to each consumer, consider their circumstances, and to offer opportunities to pay that benefit both the consumer and our client. Each of our collectors signs a pledge signifying their commitment to treating every consumer with the utmost respect. Professional Credit knows that speed is important. For those accounts missing good phone or address information, we will use our Proprietary Waterfall system to obtain new data so we can J • quickly contact the consumer. ' We do an initial bankruptcy scrub, daily bankruptcy scrub for accounts meeting certain criteria, and a weekly Deceased scrub. This,too, optimizes dollars collected. We use purchased data when necessary, advanced skip-tracing as needed, and a focus on _ establishing payment plans whenever possible. The content of our letters and web communication make this point consistently. it S'�"' . , To optimize the amount collected, our tip '1 acollectors use advanced methods of skip ip Ad�F £ � � - tracing, includinguse of ourproprietary . % ' - Robust Monitoring. This technique allows us .e-,.el-t,;+; to determine which consumers are able to' vfi"�� pay. We focus the majority of our efforts on these consumers. We also use Robust When we reframe the question Monitoring technology to alert us when ...we see a positive change in `positive events happen in these consumers' payment plan values. lives, like the acquisition of a new job or a purchase of a new.car, which suggest an increased ability to pay. Our behavioral scientists help us to use language that produces the best possible outcome, and encourages the consumers to be cooperative while taking care of their financial responsibilities. Having the right conversations, using the right language, at the right time, with the right consumers, contributes to maximum recovery efforts. We recognize that significantly greater success in recovery is a result of a more sensitive, compassionate,yet direct approach,than the traditional hard and fast approaches of the past. Professional Credit is a national collection agency and is licensed in all 50 fifty states. PEER I •IfFMAstaffandvolunteers deternizedtlikiiise ,. tiealthmrebrsnessduuotahaverrispmTicatria taw e e REVIEWED deelopedunddtnetffMAPeerRevrnirar��un, SSAE' 3 HIP :DCP. ��:-' l —• byHFMK - doesnutendorseo. a'rteetreiceofthaehealth re +�yt P¢pee fled .4 •mft14nt / ; 'i , ,,',j, 11-5°, -— — o bus' SO,Ic ortleatairy ric&i a-6rOthidea 7 € p . ` PArofessional Credit -) 1 (Bss)IBss-1992 professionaicredit.com Flexible Payment Plans Professional Credit recognizes the difficult financial situations some expenses can create for consumers. When they are not able to pay their accounts in full, our collectors will work with them to set up automated payment plans. By automating the payments, they are less likely to miss payments, and thus are more likely to meet their financial obligations. , Payment plan guidelines will always reflect the City of Ashland's payment plan policies. If consumersareunable or prefer not to speak with collectors, they can set up payment plans through our website,through our automated telephone system or through our mobile app. Robust Monitoring Program Other agencies will send accounts back to their clients ass“uncollectible." These accounts include consumers who are temporarily facing difficult times. However, Professional Credit recognizes that consumers can, over time: 1 • Improve their financial paths . • Pay their obligations That's why we created the Robust Monitoring Program. This is a free service that constantly monitors the City of Ashland's accounts with change-in-life triggers to boost liquidity rates. The Robust Monitoring Program: • Maximizes recovery on accounts that our competition would deem unworthy of their time, effort, or resources • Uses several vendor programs to continuously monitor accounts for positive changes in consumers' lives , • Alerts collectors when to re-activate accounts for as long as the account is with Professional Credit • Minimizes the number of accounts returned to the City of Ashland. Client Tools With the click of a mouse, the City of Ashland has total access to all account information. The Client To9ls website is our web-based, customizable portal that gives clients complete access to their accounts. PEER 'HFMA staff andwlunwes determined thatthese ( REVIEWEDheallwebussn*9 nlauemet mnA A cj ( �`P, , \� FW' P a e to wider the HFMAPee�R a ows HN •-by HFMA-- dots=endorse orguarantee the use o(Iheuhealth= I '''“ ed ” i ,J� „ T5© 0 -- -- -- .-7'_ m business . 1 (888) 888-1992 Professional professionalcredit.com Credit The City of Ashland will have'access to its accounts 24 hours a day, 7 days a week and will be able to: • Monitor consumers interactions • Read collector notes • Perform account management • Run a variety of standard and customized reports , With Client Tools, the City of Ashland can ensure that Professional Credit is continuing its high standards in its consumer interactions which result in our low-level of complaints protecting the City of Ashland's image and effectively recovering its revenue. We provide feedback and support to clients through regular meetings with our Client Success. team as well as through our Speakers Bureau. 1 Members of our Client Success Team will meet with the City of Ashland on a regular basis to review the collection activity on your accounts and to discuss process improvements that will lead to improved recovery and fewer complaints. Client Training through our Speakers Bureau The City of Ashland-Will have access to training and education that will help the City and its employees reduce future bad debt and stay updated on any important regulatory changes,that will affect the City's customers. We are here to help the City of Ashland savemoney and improve compliance to ever-changing industry regulations. It is key for the City of Ashland to collect good consumer information on the front-end to ensure successful recovery on the back-end. Our Speakers Bureau provides training on what information to collect, and processes for collecting it. In addition, Professional Credit's Speakers Bureau provides expert trainings on: - • Accounts receivables • Legal compliance • Leadership, management, and employee motivation • Lean training to increase efficiency of the City's daily operations Our speakers are highly regarded in the government industry, and are sought after for their unique expertise and engaging presentations. PEER . •NFlwnstananawmmrersaetemuneathatdiae ,1 REVIEWED t health�rebiaeessduennshavemetspe�ica ria ss E a HIP, aF (-MLA devdopedund 7:11FMAPeerReukwProaesHFMA Via J` ' DertA • c a. ,t ' -•---6y HFMA'--- ' does�rotendorse orguarantee the useofHiaehealthare' � �• tGCettltfed o, �:®, ,,;.s(� t\ /`, ,: � SC)C ---- - 6` bimr SSOMMsortheltaVeAl abeobtained,, .e ,, J Professional 1 (888) 888-1992 ifiCredit professionalcredit.com Consumer Experience • Professional Credit provides clear and respectful communication with IIIIIIIIIINIIIW A Wigs ' consumers to successfully collect the city's accounts. 1 fiG Welcome to Direct Pay Professional Credit has an entire suite of proprietary technology. This e. aa.l4v� °�'9uo technology fuels our consumer engagement engine, and enables us to �� �n '( effectively communicate with consumers in their preferred manner. ` ,. ' '1. i • , 10066016 Mobile App: Consumers can use the PCS Direct Pay mobile app to manage their accounts, make payments, and securely communicate with 1 L,,„e.•,e,,a6—le-t.a,- 0 I understand and agree to tine c^vats cn!, representatives. Professional Credit is one of the only agencies in the o Remem4vme 0n Ms dr+rte r collection industry that has a dedicated mobile app. Online Patient Payment Portal: Professional Credit's propriety online Cont Help, Us 1 portal is also available for consumers wanting to manage their accounts : and receive help from our:representatives through a secure, robust and ' friendly site. I • . ,- --r� Live Chat Through Patient Web Portal: Consumers have access to immediate help with our live chat system through our consumer web portal. Texting: We will have the ability to send compliant text notifications and emails as effective • means of communicating with consumers. Soon,they will be able to opt in to receiving push notifications through their Apple or Android device that reminds them of upcoming payments. - IVR (Integrated:Voice Response) Phone System: Consumers not interested in speaking directly with a Professional representative may take advantage of Professional Credit's automated phone system which allows them to easily make payments and effectively manage their account(s). Letters and Phone Calls: We send letters and make phone calls (including to consumers cell phones) to them reminding them of their obligations. We strive to find ways to engage with consumers using modern methods that they find more convenient. - PEER- T 6 .1.5mAstaftandvolunreesdetennmedthatthese .- ' - \g-Ter L I ; healthmrebrainessdut. fiaveinetspeaTieartetia a '�" �-h�RA'A � REVIEWED 1 a developed and the HFMN veer Review Plods HFA1A, , . "-•.J % t P�- i' 'MO ° SC?c 1 dam not mMcetileuseofliiisehealthare :.° "mPl `\ . I ----by HFMA=— 8va � .`3�P ,� �,• � / Almisgazdni .�,�.:.>: '- -- _ - - - -- 'o b rdiriesssolutionsorthatanyn ltswillbeobtained. - - Y 4 • INP1 (888) 888-1992 g !ssionaI dlt professionalcredit.com o ® ® c :;-" Professional Credit has a unique approach to wof2TRAU: -•-' V....... •-' 1 collections which has °^" .s -1 shaped our philosophy Y+s°•.... •-•�' """" ., ....,.>- t and methodologies for .�„Xs. 4BYs. ..i r..�. 9459% 96.89% ~^'•"" 9s.�z96 * ; interacting with ****o ****n *** Y.,Y 1 ...ma.a .........-6 --.---el ...��- C� consumers. Unlike the traditional approach to m1 k M. \'''' collections, we assume y'q®w, '. they want to pay their —i _ debt. Using this .�......1.� �- --- •-----�_ ._. .. assumption frees-us of _�__ _�F___ _ - _____F_ — the negative connotations associated with "debtors" which can lead agents to engage in aggressive dialogue and make them feel ashamed of their situations. By taking this approach, we can promote a mutually beneficial collaborative relationship with consumers; we not only help them resolve their debt, but do so in a way that is best for their financial health. We call this our"New Deal." Proprietary technology is in place to record and audit all calls to constantly monitor and improve the patient experience. Fees ;Assignment_Tvpe.: ..: -. : .. <t._ _ .. :: ' .'_ .- . :. ', . ._... Contingency Fee _, _ Collections Accounts Mo i P E E R tI 'HFAMMstallandwlunteersdete_Ittthazt-Se a 4 l f nevnalre 6usN�soluhorts ha,e spmfic ai1e C E. �" f f y� F REVIEWED 1 awRe x.z L,. SSQE FI •>ZA , , TomPA .cv_.un j, I developed underthe HFMA Peer Retnea PmbeB HFMA K�_ ` ' i —byHFMK--- F ,.does notetdorseorguaraM evseofharh ai N • !'c •® ,;ca.oLmt \f ,�$ 12,c.,. -.,..!,...yr.,--.., ---;,,,--.. ';� m bimn64-stiuoms or that ar i ais xirtg-b med , , }`4w ,,,t..!',1,-.,-- 4,' 4i' a RESOLUTION NO.�a b- 2 1 A RESOLUTION UPDATING THE IDENTITY THEFT (RED FLAG) PREVENTION PROGRAM REPEALING RESOLUTION 2008-36 ' .. THE CITY OF ASHLAND RESOLVES AS FOLLOWS: SECTION 1. • . That the City Council recognizes the importance of protecting its customers from attempts to steal important personal information and to have an internal program that actively lopks for such • activity. SECTION 2. .•' • That the Cityof Ashland maintains customer accounts for utility billing and other purposes that • • meet the definition of"account systems"per Section 114 of the Fair and Accurate•Credit . Transactions Act of 2003. . SECTION 3. . Thatby adopting the attached program the City of Ashland is compliant with Federal and State guidelines to ensure confidentiality of the personal information held by the City for customers who maintain accounts for doing business with the City. • SECTION 4. • _ . This' eso ution was duly PASSED and ADOPTED this , day of • ,2010, and takes effect upon signing by the Mayor: • Barbara Christensen, City Recorder - . • SIGNED and APPROVED this day of ,2010. • lifp r •hn Stromberg;Mayor • Reviewed as to form: . / . , • • i ° ' , .. . ._. I t • Richard Appicell Ili Attorney • • • Page 1 of 1 City of Ashland Identity Theft Prevention Program • ( • Effective beginning November 1, 2008 Revised July, 2010 • • Page 1 of 6 Program Adoption • The City of Ashland developed this Identity Theft Prevention Program pursuant to the Federal Trade Commission's Red Flags Rule,which implements Section 114 of the Fair . and Accurate Credit Transactions Act.of 2003. 16 C.F:R. 681.2. This program was developed with oversight and approval of the City Council. After consideration of the size and complexity of the city's operations and account systems, and the nature and scope of the city's activities,the City Council determined that this program was appropriate for the City of Ashland, and therefore approved this program on October 21, 2008: Purpose . Creation and implementation of this Identity Theft Prevention Program for the City of Ashland helps to identify, detect,mitigate, and update Red Flags that signal the • possibility of identity theft in connection with the opening of an account record or an existing account record. . • Red Flags Rule definitions used in this Program According to the Rule, a municipality operating a utility is a creditor subject to the Rule requirements. The Rule defines creditors"to include finance companies, automobile dealers, mortgage brokers,utility companies,and telecommunications companies. Where non-profit and government entities.defer payment for goods or services,they, too, are to be considered creditors". All account records(including assessments and other receivables)that are individual service accounts held by customers of the City whether residential,commercial or industrial are covered by the Rule. • Definitions used in this Program Account Record(s)-City held customer records subject to this program. • Covered Account(s)-An account that the City offers or maintains,primarily for personal, family or household purposes,that involves or is designed to permit multiple payments or transactions by a customer. . Identifying Information-"any name or number that may be used,alone or in conjunction with any other information,to identify a specific person," including: name, telephone number, social security number, alien registration number, government passport number,employer or taxpayer identification number,unique electronic identification number, computer's Internet Protocol address, or routing code. • • Page2of6 . • . • Identity Theft-"fraud committed or attempted using the identifying information of another person without authority?' " Red Flag-'"a pattern,practice, or specific activity that indicates the possible existence of_ Identity Theft". • Other Account(s)-Any other account the City of Ashland offers or maintains for which there is a reasonably foreseeable risk to customers or the safety and soundness of the City of Ashland from identity theft,including financial, operational,compliance,,reputation, or litigation risks. Identification of Red Flags In order to identify relevant Red Flags, the city considers the types of covered accounts that it offers and maintains,the methods it provides to open its accounts,the methods it provides to access its accounts, and its previous experiences with Identity Theft. The City identifies•the following red flags, in each of the listed categories: Suspicious Documents 1. Identification.document or card that appears to be forged, altered or inauthentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person.presenting the document. Suspicious Personal Identifying Information " 1. Identifying information presented that is inconsistent with other information the customer provides(example: inconsistent birth dates); . 2. Social Security number presented that is the same as one given by another customer; 3. A person fails to provide complete personal identifying information on an application when reminded to do so(however,by law social security numbers must not be required); and 4. A person's identifying information is not consistent with the information that is on file for the customer. . • Suspicious Account Activity or Unusual Use of Account 1. Change of address for an account record followed by a request to change the account holder's name; 2. Payments stop on an otherwise consistently up-to-date account; 3. Account used in,a way that is not consistent with prior use (example:very high activity); 4. Mail sent.to the account record holder is repeatedly returned as undeliverable; • • 5. Notice to the City that a customer is not receiving mail sent by the Utility; 6. Notice to the City that an account has unauthorized activity; . 7. Breach in the City's computer system security;and ' Page 3 of 6 ' . • 1 1 ' 8. Unauthorized access to or use of customer account information. (personal or • • • sensitive info) 9. Notice to the City from the customer, identify theft victim, law enforcement or other person that it has opened or is maintaining a fraudulent account record . for a person.engaged in Identity left. . Detecting Red Flags • - New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account record, city personnel will take the following steps to obtain and verify the identity of the person opening the account: " 1. Require certain identifying information such as name, date of birth,residential • or business address,principal place of business for an entity,driver's license or other identification; 2. Verify the customer's identity(for instance,review a driver's license or other ' identification card); . 3. Identification number,which shall be ' a. For a U.S.person,taxpayer identification number(social security -number), or(any state or Federal issued photo ID) b. For a non U.S.person,one or more of the following: a taxpayer identification number(social security number),passport number and . country of issuance; alien identification card number;or number and • country of issuance of any other government-issued document evidencing nationality or residence and bearing a photograph or • similar safeguard. 4. Review documentation showing the existence of a business entity. Existing Accounts . T • . In order to detect any of the Red Flags identified above for an existing account record, City personnel will take the following steps to monitor transactions with an account record: 1. Verify the identification of customers if they request information(in person, via telephone,via facsimile,via email); . 2. Verify the validity of requests to change billing addresses; and 3. Verify changes in banking information given for billing and payment purposes. Preventing and Mitigation Identity Theft . In the event City personnel detect any identified Red Flags, such personnel shall take on • or more of the following steps, depending on the degree of the risk posed by.the Red • . Flag: • - 1. Continue to monitor an account for evidence of Identity Theft; 2. Contact the customer; . Page 4 of 6 • • 3. Change any passwords or other security devices that permit access to the accounts; 4. Not open a new account record; • 5.- Close an existing account record; • 6. Reopen an account record with a new number; 7. Notify the Program Administrator for determination of the appropriate step(s) • to take: . . . • 8. Notify law enforcement; or 9. Detemiine that no response is warranted under the particular circumstances. 10.Proposing log maintained in each department or central collection location. • Protect customer identifying information. In order to further prevent the'likelihood of Identity Theft occurring with respect to Covered Accounts, the [Utility] City or Department will take the following steps with respect to its internal operating procedures to protect customer identifying information: 1. Ensure that its website is secure or provide clear notice that the website is not secure; 2. Ensure complete and secure destruction of paper documents and computer files containing customer information; 3. Keep offices clear of papers containing customer information; 4. Ensure computer virus protection is up to date; 5. Information Technology Department (IT)is responsible to establish technical controls to safeguard personal information stored in electronic format and to . document safeguard practices in writing; 6. Require and keep only the kinds of customer information that are necessary for(utility)City or Department purposes; 7. Add the redacting information; and • 8. Ensure giving things out over the phone is minimal and all other information will be redacted. • • Program Updates The Program Administrator will periodically review and update this Program to reflect changes in risks to customers and the soundness of the City from Identity Theft. In doing 'so, the Program Administrator will consider the City's experiences with Identity Theft :situations, changes in Identity Theft methods,changes in Identity Theft detection and prevention methods,and changes in the City's business arrangements with other entities. • After considering these factors,the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted. If warranted, .the Program Administrator Will update the Program or present the City Council with his or her recommended changes and the City Council will make a determination of whether to accept,modify or reject those changes to the Program. • • • • Page5of6 • Program Administration • A. Oversight • Responsibility for developing, implementing and updating this Program lies with an Identity Theft Committee for the City. The Committee is headed by a Program Administratorwho is appointed by the City Administrator. Two or.more other individuals appointed by the City Administrator or the Program Administrator comprise the remainder of the Committee membership.The Program Administrator will be . responsible for the Program administration, for ensuring appropriate training of City staff on the Program,for reviewing any staff reports regarding the detection of Red Flags and the steps for preventing and mitigating identity Theft,determining which steps of • prevention and mitigation should be taken in particular circumstances and considering periodic changes to the Program. . B. Staff Training and Reports City staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the • responsive steps to be taken when a Red Flag is detected. C. Non-disclosure of Specific Practices For the effectiveness of this Identity Theft Prevention Program,knowledge about specific Red Flag identification,detection,mitigation and prevention practices must be limited to • the Identity Theft Committee who developed this Program and to those employees with a need to implement this program that list or describe such specific practices and the information those documents contain are considered"security information" and are unavailable to the public because disclosure of them would be likely to substantially jeopardize the security of information•against improper use,that use being to circumvent the City's Identity Theft Prevention efforts in order to facilitate the commission of Identity Theft. . • • • • • • • • • • • • Page6of6 • Awards/Agreements Professional Credit Service Accounts Receivable Management; Debt Collection Services , 1 Page 1 of 4 m, Supplier mid es Contract# �j�.�M w`� '4 • Professional Credit Service 1468 Y ' .a i, a Box 7548 Revision#6.6 Y ,! Springfield,OR 97475 ' r, , • Revision Date , .f44. -,` -rp-el: 7. ; ' Contact Joe Hawes 05/09/2018 Phone: 1 (360)567-4980 Opportunity# •- ' -.-',-' � a" 102-1768-10 lk • a ,F , . , Fax: ak, r° ' : Email: hawes hawesfinancial.com Vers 5 r • 4- I Contract Start Date • .= .,{-.. 06/14/2011 Attachments Exist Expiration Date Secondary Suppliers Do Not Exist cfl6/Og/?02- Supplier Number 1154 All dates are mm/dd/yyyy Contract Administrator Receiving Address Contract Filed At State Procurement Office See purchase order DAS PS 1225 Ferry Street SE,U140 •Salem,OR 97301-4285 Contact: Tim Jenks Phone: 1 (503)378-4778 ' Fax: 1 (503)373-1626 Email: tim.jenks©oregon.gov - Revision #6 Insurance Cert Revision #5 Insurance Update 10/10/17 js Revision #4 Insurance Update 4/6/17 js , Revision #3 Insurance Update 10/21/2016- JS Revision #2 Update to Buyer Guide. Revision #1 Insurance Update 9/20/16 - i , Amendment #6 Update city. Amendment #5 Update zip code ` i Revision #6 Add contact information. Revision #5 Reassigning Contract Administrator Revision #4 is to update E&O Insurance expire date. Revision #3: Update certificate of 'liability insurance expirations. 10/12/2014 ns Revision #2: Update certificate of liability insurance expirations. 10/12/2014 ns Revision #1 is to update the Workers Compensation insurance expire date. -KK Amendment #4 is to update ORCPP links, update Sections 3.1, 7.4 and 11.0. IN Exhibit A update Section 2.0 and 2.1. Revision #5 is to update 'contract information for Professional Credit Service and update insurance expire dates. -KK Revision # 4 - To update Contract Administrator from Tim JenkstoKaliska King. SC. 05/21/15 I Revision # 3 - Update Contract Administrator from Tim Jenks to Kaliska King. SC. 05/21/15 ' - a.,,, ,PDF.Greated';'05 0. •COMTROL,Nl1MBER.-1986918 :�,:• -;•,• :. /09/2018'.1 47,�M':_,,-; , ,,,. :';. << ;'Mas[er Ffle•'ORPIN;,g3829-10.; • • Awards/Agreements Professional Credit Service Accounts Receivable Management; Debt Collection Services Page 2 of 4 • Revision # 2 Change header screen. • Revision # 1 Update Certificate of Liability Insurance expiration. 4/28/14 bjw Amendment # 3 Renewal for time. bjw 3/13/14 Amendment # 2 Change to Statement of Work and Exhibit B and remove mention of 1465 from header screen no such price agreement. . Revision # 5 To update contract administrator to Tim Jenks. Revision # 4 1/15/2013 KLH, Correct Attachments 'for amendment #1 ' Revision # 3 Delete Amendment #1 - Posted in Error - Should be posted on Price Agreement 1467. Revision # 2 8/23/2012 Update Insurance Information - KH Revision # 1 8/8/2012 Update Contract Administrator Information kh Amendment # 1: Incorporate Exhibit D, SAAG Approvals and supporting documentation amended into PA. Revision # 2 To correct VCAF information on Document Information page JK Revision # 1 - Update Permitted Users (SRY 6.30.11) . • Header Comments , This price Agreement is for the following Services: . Accounts Receivable Management; Debt Collection Services This is 1 of 11 Price Agreements Awarded for the category of items/services listed: PA 1461 - Premier Credit North America, LLC PA 1462 - Diversified Collection Services • • PA 1463 - Account Control Technology, Inc. PA 1464 - Progressive Financial Services Inc. PA 1466 - Windham Professionals - PA 1467 - Lineberger Goggan Blair & Sampson, LLP - PA 1468 - Professional Credit Service PA 5835 - Transworld Systems Inc. Replaced PA 1469 - NCO Financial Systems Inc. PA 1470 - NACM Oregon Service Company PA 1471 - Collection Technology, Inc. PA 1472 - Collecto, Inc. 1 . Authorized Users: • - State Agencies - Independent Agencies • - ORCPP Members Mandatory Usage: - • This contract is a mandatory contract for state agencies subject to DAS authority under ORS 279A.109' and 279A.140 and with delegated,authroity pursuant to OAR 125-246-170. This includes the Department of Administrative Services when it is engaged in Public Contracting (as defined under OAR 279A.010(1) (aa) . Convenience Usage: This contract is a. convenience contract for independent agencies and ORCPP members. • This Price Agreement is for the following'category of Services: Accounts Receivable Management; bebt Collection Services Multiple Price Agreement Selection Process: . Best Value Determination: Authorized Purchasers are encouraged to use a best value methodology process to select which Price Agreement to use from the available list. EQNTROLNUMBER 1986918 .. „PDF:C dated 65/09/2018>T:A7,pM__is •. : Master Flle ORPINrg3829._10; • • Awards/Agreements • Professional Credit Service Accounts Receivable Management; Debt Collection Services • • • • Page 3 of 4 Best Value Criteria: - Contractor compatibility with Authorized Purchaser • - Warranty - Service Availability - Service Price - Delivery Time Frame Authorized Purchaser should document their resulting determination and retain a copy of. the determination in their contract files for the life of this Price Agreement for(audit purposes. Pricing Information: - See Exhibit B of the contract for detailed pricing information. Order and Delivery Information: See Section 2.0 of the contract for specific Purchase Order Requirements. Mandatory Purchase Order (PO) Language: _ • "THIS PURCHASE IS PLACED AGAINST STATE OF OREGON SOLICITATIION #102-1768-10 AND PRICE AGREEMENT #1468. THE CONTRACT TERMS AND CONDITIONS AND SPECIAL TERMS AND CONDITIONS (T'S C'S) CONTAINED IN THIS PRICE AGREEMENT APPLY TO THIS PURCHASE ORDER AND TAKE PRECENDENCE OVER ALL OTHER CONFLICTING T'S AND C'S, EXPRESSED OR IMPLIED" Delivery Information: See Exhibit A - Statement of Work Price Agreement Documentation Include: - - Price Agreement #1468 which includes Exhibits A - D o Exhibit A is the Statement of Work o Exhibit B is Pricing o Exhibit C is Insurance o Exhibit D is General Authorization Request for Legal Actions - Exhibit E - Volume Collections Report (VCR) Form . Term of the Price Agreement: Price Agreement may be extended for a maximum of one (1) calendar month beyond any term. Delivery Requirements . To be determined further in specifications t Payment Terms Net 45 FOB FOB Destination Item# Quantity/Unit Description Unit Cost 1 1 Commodity No. 946-33 $0.00 EACH Statewide Debt Collection Services . • • EONrRDC NLJM6ER.:1.986418:._. ' ,_. PDFo•eated:ti/Q9/2018 1 47,1?M_ • .;'v__. ,Master File ORPIN 43829 10 7 t Awards/Agreements Professional Credit Service Accounts Receivable Management; Debt Collection Services _ Page 4 of 4 Mandatory or Convenience Renewal Option Contract Value • Mandatory $0.00 Minimum Order N/A - Return Policy See Price Agreement Warranty See Price Agreement Best Value Analysis Freight/Surcharge • • • CONTROL NUMBER ,t985418w y, PDF Created,05/09/2018.,1:47,NCI..., Master File"ORPIN 43829.10:. • • • • t •• AMENDMENT#1 to • PRICE AGREEMENT#1468 • • • I.This is Amendment No. 1 to Price Agreement#1468(as amended frpm time to time,the"Price Agreement") • dated June 14,2011 between the State of Oregon,acting by and through its Department of Administrative Services,State Procurement Office,hereafter called"DAS SPO"or"State"and Professional Credit Service' hereafter called"Contractor".This Amendment is effective on the data it has been signed by every party and • approved in accordance with applicable law. II.The Price Agreement is hereby amended as follows; a. . This amendment to Price Agreement#1468 incorporates Exhibit D,General Authorization Required for Legal Actions,and supporting documentation for SAAG approved attorneys. • b. See attached Exhibit D and supporting documentation for SAAG approved attorneys. • • III. Except as expressly amended above,all other terms and conditions of the Price Agreement are still in full force and effect.Contractor certifies that the representations,warranties and certifications contained in the Price Agreement are true and correct as of the effective date of this Amendment and with the same effect as though made at the time of execution of the Price Agreement. • _• . Certification: • • By signature on this Contract for Contractor;the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is,to.the best ofthe undersigned's knowledge,not in violation of any Oregon Tax Laws.For purposes of,this certification,"Oregon Tax Laws"means a state tax imposed by ORS 320.005 to 320.150(Amusement Device` axes),403.200 to 403.250(Tax For • Emergency Communications),118(Inheritance Tax),314(Income Tax),316(Personal Income Tax),317 (Corporation Excise Tax),318(Corporation Income Tax),321(Timbec'and Forest Land Taxation)and 323 • . . (Cigarettes And Tobacco Products)and the elderly rental assistance program under ORS 310.630 to 310.706 and. any local taxes administered by the Department of Revenue under ORS 305.620. CONTRACTOR:PROFESSIONAL CREDIT SERVICE By: ��t!�,Jl�� �'� � �' /271,--4-14:6(04.71- Name: r Title: Date _.._...• • DEPARTMEn9F-r DMINS AT ,,PR GE-STSTATE PROCUREMENT OFFICE:s� `. .Approved By: / � ° � . .`;T l //2' Name: _....--� Title: Date APPROVED AS T6 LEGAL SUFFICIENCY Approved By:Not required per OAR 137-045-0050 ••Contract#146$,Amd 1_doc . C:\Documents and Settings\jefjoh\Local Settings\Teniporary Internet Files\Content.outlook\749LL5C1\AMD 1 to PA1468.doc • . i • • Exhibit D • General Authorization Request for Legal Actions • Pursuant to Section 7.1 of Exhibit A of the Price Agreement#1468,._Erofessional Credit Service (Contractor)hereby requests general authorization to pursue the following legal actions to recover moneys owed on accounts assigned to Contractor by State Agency clients using Contractor's services. Contactor hereby acknowledges and understands that receipt of general authorization still requires approval from the individual client agencies prior to initiating any legal action,as indicated in Section 7.2 of Exhibit A—Statement of Work, of Price Agreement#1468. \ Legal actions requested [1] Small Claims Court © Garnishments Judgment transcription Civil penalty recording 171 Other(please describe below or on an attached page) r • r. . Contractor must attach a list including the signatures of the attorney(s),that Conti actor is requesting general authorization for legal actions.Under Oregon law,the Department of 1'ustice must approve any attorney to take actions on behalf of the State.This approval.is in the form of a Special.Assistant Attorney General(SHAG) designation and is subject to the policies and limitations of the Departnient of Justice.A current certificate of good standing from the State Bar in which the attorney intends to initiate any legal actions under this request also must be attached. Contractor and the attorney(s)submitted on this request hereby acknowledge the provisions of Section 7.2 2 of Exhibit A—Statement of Work,of the Price Agreement,whereby undertaking legal actions under Section 7 of Exhibit A,Contractor agrees to assume all risks arising out of or related to any such action,writ or proceeding, including but not limited to adverse judicial decisions,the failure to he Able to recover all amounts sought,and the application of the various statutes,legal principles,and possible moratdriums that affect debtors'rights or which may affect debtor's rights in the future Contractor hereby WAIVES AND RELIQUIS HES ANY AND ALL CLAIMS ANT)DEMANDS OF ANY NATURE AGAINST THE STATE OF OREGON,AND ITS AGENCIES,DIVISIONS,OFFICERS,EMPLOYEES AND AGENTS,THAT MAY ARISE OUT OF OR RELATE TO ANY SUCH ACTION,WRIT OR PROCEEDING. f x' OP , i 00C33 C`Pjai`- .!'1(CP 1468 Contractor Name Pike Agreement# e )3ti 1-,1 ,A.,te. . - J _ Contact Name Title _ J i 33S 22.D • (e1?9i d gol Contact Phone •Date / Price Agreement#1468 ! Page 37 of 371 {. 1 1 • • • • • Part 1,Attachment D " • • Attorney Names, Signatures&Cert ficate of Good Standing • Contractor must attach a list including the signatures of the attorrey(s)that your company is requesting general authorization for legal actions. Under Oregon law,the Department of Justice must approve any attorney to take actions on behalf of the State. This approval is in the form of a Special Assistant Attorney General(SAAG) designation and is subject to the policies and limitations of the Department of Justice. A current certificate of • good standing from the State Bar in which the attorney intends to initiate any legal actions under this request also must be attached. • Attorney Information(Price Agreement#1468) Floyd C.Mattson �i • • Bar#94377 • Signature: r //G �y �- s" . Certificate of Good gr ding . • Kate Hardin-Vessey Bar#074041 Signature: Certificate of Good Standing Attached ~—• • Wade Isbell k , Bar#104143 Signature: 4t- ,1, • Certificate of Good Standing Attached c • Xavier-Michael M,-,ney • Bar#106743 .41 • Signature: • • Certificate o Go. Standing • e1 • • •/ State of Oregon Collections Service3 Agreement #1468 } • i 3 ' , Cet t t *. • fl CERTIFICATE State of Oregon } ss. County of Washington ) I, Linn D. Davis, do hereby certify that 1 am an Assistant Disciplinary Counsel of the Oregon State Bar, and have access to the official files and records of the Oregon State Bar. The official files and records of the Oregon State Bar indicate: • FLOYD C. MATTSON • was admitted to practice law in the State of Oregon by examination and became an active' member of the Oregon State Baron September 23, 1994. • There are no complaints, grievances or disciplinary proceedings presently pending against this member. No disciplinary action has been taken against this member in the past by the Oregon Supreme Court or the Oregon Disciplinary Board. Mr. Mattson is an active member of the Oregon rState Bar in good standing, licensed and entitled to practice law in all the courts of the State of Oregon. DATED this 9th day of April, 2012. • • inn D. Davis s, Assistant Disciplinary Counsel Oregon State hr • , . •• oar?* c1� pu CERTIFICATE ` State of Oregon ) ` ss. County of Washington ) I, Linn D. Davis, do hereby certify that I am an Assistant Disciplinary Counsel of the Oregon State Bar, and have access to the official files and records of the Oregon State Bar. • The official files and records of the Oregon State Bar indicate: • KATE H.VESSEY i was admitted to practice law in the State of Oregon by examination and became an active member of the Oregon State Bar on September 28,2007. ; There are no complaints, grievances or disciplinary proceedings presently pending against this member. • No disciplinary action has been taken against this:member in the past by the Oregon Supreme Court or the Oregon Disciplinary Board. ' r Ms. Vessey is an active member of the Oregon State Bar in good standing, licensed and entitled to practice law in all the courts of the State of Oregon. DATED this 9th day of April,2012. n D. Davis Assistant Disciplinary Counsel Oregon State liar • I 1 • • 1 . , 7 - al" cy,,.. 1 r ' ,:i.„ 1;;;4.. eiti it. la .r.C1 . '1(-1' tyy .-.._. • 12 .‘,„,,,,. „-: ti) la . .- • . . is g: ., CERTIFICATE • State of Oregon ) ) ss. , • • County of Washington ) I ; I, Linn D. Davis, do hereby certify that I am an Assistant Disciplinary Counsel of the l Oregon State Bar, and have access to the official files and records of the Oregon State Bar. " The official files and records of the Oregon State Bar indicate: WADE C.ISBELL , Y was admitted to practice law in. the State of Oregon by examination and became•an active member of the Oregon_State Bar on October 7,2010. ' There are no complaints, grievances or discipli?'layy proceedings presently pending - against this member. E No disciplinary action has been taken against thin member in the past by the Oregon D Supreme Court or the Oregon Disciplinary Board. Mr. Isbell is an active member of the Oregon•Stade Bar in good standing, licensed and entitled to practice law in all the courts of the.State of Oregon. . • i . DATED this 9'h day of April, 2012. • ---• • . . , ••-.:•:- ----(.4_____:_ . . •i_1, oriD. Davis . EAssistant Disciplinary Counsel • 131::'� Oregon State lar •I • I [ 3 . • D. a et *. 01, . , CERTIFICATE;" . State of Oregon ) • ss. • County of Washington ) t • 1, Linn D. Davis, do hereby certify that I am an 4ssistant Disciplinary Counsel of the Oregon State Bar,and have access to the official files and records of the Oregon State Bar. The official files and records of the Oregon State Bar indicate: XAVIER-MICHAELOLIVER Mf)RONEY t . was admitted to practice law in the State of Oregon by examination and became an active member of the Oregon State Bar on December 10, 2010. There are no complaints, grievances or disciplinary proceedings presently pending against this member. No disciplinary action has been taken against thi,.member in the past by the Oregon Supreme Court or the Oregon Disciplinary Board. Mr. Moroney is an active member of the Oregoni State Bar in good standing, licensed and entitled to practice law in all the courts of the State of Oregon. DATED this 9th day of April, 2012. - K / Linn D. Davis ® Assistant Disciplinary Counsel Oregon State far r. 'r • • JOHN R.KROGER •/� : MARY H,WILLIAMS IF,S1 ;,-;„f4 1:0, AttorneyGeneral Deputy Attorney-General • • DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION • May 24,2012 • • Floyd C.Mattson 400 International Way Springfield, OR 97477 Re: SAAG Appointment Dear Mr.Mattson: • I am pleased to appoint you as Special Assistant iikttorney General for the purposes of • undertaking collection action in Oregon on behalf of the state of Oregon,Department of Administrative.Services,for accounts assigned for collection to Professional Credit Service. Payment terms are as provided in the contract between Thiofessional Credit Service and the State of Oregon,Department of Administrative Services as it now exists or may subsequently be • revised,renewed or awarded anew. The appointment and authorization is subject to toe following conditions: 1) This appointment shall remain effective dining the period Professional Credit Service is retained by the State and you aA.,retained by Professional Credit Service. . 2) Copies of any documents, other than garnishments,filed by you with any court as a.SAAG shall be promptly provided to Senior Assistant Attorney General William F.Nessly,General Counsel Division. • 3) l In the event that the validity or interpretation of any Oregon statute becomes an. issue in anyproceeding,you will promptly notify Senior Assistant Attorney General,Williani;F.Nessly. f . 4) This appointment and authorization may be terminated at any time by the Attorney General of the State of Oregon,ibr by his designee. { 5) This appointment shall not authorize you to initiate or defend litigation in the State of Oregon. . • 1162 Court Street NE,Salem,OR 97301-4096 Telephone: (503)934-4400 Fax:(503)373-7067 TTY;(800)735-2900 www.doj.state,or.us • • Floyd C.Mattson May 24,2012 Page 2 • This appointment shall be deemed accepted by you:upon your signing at the place indicated below and upon your return of this original executed letter to the undersigned plus one copy of this executed letter to William F.Nessly.. Please also sign either the enclosed oath or affirmation form.and return it along with your letter_. If yo'u have any questions,please contact Mr.Nessly at(503)947-4342.• • • Thank you for your assistance in this matter. . • • Since2°ely, • • •, • Mary Williams • • Deputy Attorney General • • • Appointment accepted and terms agreed to: s. • ("3— P..I.6 ,:A"i47 OfrZ• • re Date • • • • • 3253392 , • • • • • • • •• f •• } • • • • • • • 1 • • • .• • . • • STATE OF.OR.EGON • • Department of J4stiee • OATH of OFFLPE • State of 0/2-6(1.0)J ) • • ) • ss, i _ County of LA 71/ ) • dqr) 1lT$IJ do solemnly swear that 1 will support the Constitution of the United States,the Constitution of the State of Oregon,and the la7s thereof,and that I will faithfully discharge the duties of Special Assistant Attorney General according to the best of my ability, so help me God. or/ ;• I ' • ubscri,d awl sworn to before me • this 7 day c.d. 20/2.- • • • • OFFICIAL SEAL et1/14:1 CHRISTA KERN • NOTARY pueuc-OREGON Notary Public for O&€6- •1 COMPASSION NO.466055 W COMMISSION EXPIRES MAY 20,2016 My commission expires .5---.2-6-/6 • • Note; Execute this oath of office before eithera notary public or judicial official and return it to the Supervising Attorney for filing with the Secretary of Stat , • ♦ • • a. MARY H.WILLIAMS JOHN R.KROGER 4 s • srrr Deputy Attorney General Attorney General � • � f':~ �Z • °6" I - DEPARTMENT OF Jt STILE CIVIL ENFORCEMENT DIVISION May 24,2012 •Xavier-Michael Moroney l • 400 International Way Springfield,OR 97477 • Re: SAAG Appointment • Dear Mr.Moroney: I am pleased to appoint you as Special Assistant i ttorney General for the purposes of undertaking collection action in Oregon on behalf of the State of Oregon,Department of Administrative Services,for accounts assigned for collection to Professional Credit Service. Payment terms are as provided in the contract between Professional Credit Service and the State of Oregon,Department of Administrative Services as.it ri.ow exists or may subsequently be revised,renewed or awarded anew. P• • The appointment and authorization is subject to tie following conditions: • • 1) This appointment shall remain effective during the period Professional Credit Service is retained by the State and you are retained by Professional Credit Service. - - • 2) Copies of any documents, other than garnishments,.filed by you with any court as a SAAG shall be promptly provided to Sfnior Assistant Attorney General William F.Nessly,General Counsel Division., 3) In the event that the validity or interpretaflon of any Oregon statute becomes an issue in any proceeding,you will promptly notify Senior Assistant Attorney General William F.Nessly, • 4) This appointment and authorization may oe terminated at any time by the Attorney General of the State of Oregon,for by his designee. S) This appointment shall not authorize youlto initiate or defend litigation in the • State of Oregon. i • - • 1162 Court Street NE,Salem,OR 97301-4096 • Telephone:(503)934-4400 Fax: (503)373-7067 TTY,:(800)735-2900 www.doj.state,or.us � 1 • F F . Xavier-Michael Moroney May 24,2012 Page 2 This appointment shall be deemed accepted by you upon your signing at the place indicated below and upon your return of this original executed letter-to the undersigned plus one . • copy of this executed letter to William F.Nessly. Please also sign either the enclosed oath or affirmation form and return it along with your letter. If you have any questions,please contact Mr.Nessly at(503)947-4342. • • Thank you for your assistance in this matter. • Sincerely, Mary+Williams , Depuiy Attorney General Appoin! ent a-,epted and terms agreed to: • 404-04.10,12 :1. .atm "'` Date • 3253392 i • k • • • STATE OF,OREGON Department of Justice • • • OATH of OI 1+'1i State of�n ) ss. • • County of /i4 ) • F, ter-i deO76, irestei solemnly swear that I'will support the Constitution of the United States,the Constitution of the State of Oregon,and the laws thereof, and that I will faithfully discharge the duties of Special Assistant Attorney General according to the be only ability, so help me God, • • Sub -ribed an!i sworn to before me • this `7 day of ,201D- - { �► =y. OFIACIAL SEALsof Public for ()fee oYl �KATHARINECOUI NDSCNRF111'f y 4-440 NOTARY PUBLIC-OREGON t COMMISSION N0,456125 My commission expires j 7 1! I Y�COf41MISSION EXPIRES FEBRUARY 17,2615 • Note; Execute this oath of off ce before either a notary public or judicial official and-return it to the Supervising Attorney for filing with the Secretary of State? • • - 1 y t JOHN R.KROGER F `l'�<•j„3, ti MARY H.WILLIAMS Attorney General l+L�o�u�;,' Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT DIVISION May 24, 2012 • Kate Hardin-Vessey 400 International Way Springfield, OR 97477 Re: SAAG Appointment Dear Ms.Vessey: I am pleased to appoint you as Special Assistant Attorney General for the purposes of • undertaking collection action in Oregon on behalf of the:state of Oregon,Department of • Administrative Services,for accounts assigned for collection to Professional Credit Service. Payment terms are as provided in the contract between Professional Credit Service and the State of Oregon,Department of Administrative Services as it i ow exists or may subsequently be revised,renewed or awarded anew. . The appointment and authorization is subject to the following conditions: 1) Thisappointment shall remain effective during the period Professional Credit Service•is retained by the State and you aie retained by Professional Credit Service. 2) Copies of any documents,other than garnishments,filed by you with any court as a SAAG shall be promptly provided to Senior Assistant Attorney General William F.Nessly,General Counsel • 3) In the event that the validity or interpretation of any Oregon statute becomes an issue in any proceeding,you will promptly notify Senior Assistant Attorney • General William F.Nessly. 4), This appointment and authorization may 1pe terminated at any time by the Attorney General of the State of Oregon, br by his designee. 5) This appointment shall not authorize you'to initiate or defend litigation in the • State of Oregon. • • t . 1162 Court Street NE,Salem,011. 97301-4096 • Telephone:(503)934-4400 Fax (503)373-7067 TTY;(800)735-2900 www.doj.state.or us • • • Kate Hardin-Vessey May 24,2012 Page 2 • • This appointment shall be deemed accepted by you upon your signing at the place indicated below and upon your return of this original exevzted letter to•the undersigned plus one copy of this executed letter to William F.Nessly.. Please also sign either the enclosed oath or affirmation form and return it along with your letter. If you have any questions,please contact Mr.Nessly at(503)947-4342. Thank you for your assistance in this matter. Sincerely, • Mary Williams • • Deputy Attorney General • Appointment accepted and terms agreed to: 41111r.#1fr if04Kai to/6. Sgaature Da e • • • • • 3253392 • •• • • • • • • • • • • • • . • 1 STATE OP.OR)l GON Department of S::>stice . • •-•- OATH of 0.±rKcE • State of ) County of '4°.- ) • _ • I, 1.6. c1i r • Ugsacti ,do solemnly swear that I;will support the Constitution of the United States, the Constitution of the State of Oregon,and the laws thereof, and that I will faithfully discharge the duties of Special Assistant Attorney General according to the best of my ability, so help me God. kr> t-k Vers Subscribed aid swornbefoxe me • this Z�dayI,uo _ ,24 ,`- • • .,tom • • • P ,n) ^ SANDRA KAY COPE� • Notary Public.for or e6 a c\ MY COMMISSION EXPIRES AUGUST 03,2015) My commi ss,on expires 53•3-t • Note: Execute this oath of office before either a notary pu'.alic or judicial official and return it to the Supervising Attorney for filing with the Secretary of State. •• 1 � l JOHN R KROOER / ; mp+h:!i�`` MARY H.WILLIAMS Attorney General I et tiw/�;'*I ' Deputy Attorney General DEPARTMENT OF JUSTICE CIVIL ENFORCEMENT D'I'VISION May 24,2012 • • -Wade Isbell 400 International Way Springfield,OR 97477 • Re: SAAG Appointment • Dear Mr, Isbell: • I am pleased to appoint you as Special Assistant Attorney General for the purposes of undertaking.collection action in Oregon on behalf of the State of Oregon,Department of Administrative Services, for accounts assigned for collection to Professional Credit Service. Payment terms are as provided in the contract between P:•-ofessional Credit Service and the State of Oregon,Department of Administrative Services as it row exists or may subsequently be revised,renewed or awarded anew. • The appointment and authorization is subject to dile following conditions: - • 1) This appointment shall remain effective daring the period Professional Credit Service is retained by the State and you arp retained by Professional Credit - Service. . i • 2) Copies of any documents,other than garnshments,filed by you with any court as a SAAG shall be promptly provided to Senior Assistant Attorney General • William F.Nessly,General Counsel Divii,ion. 3) In the event that the validity or interpretation of any Oregon statute becomes an issue in any proceeding,you will promptly notify Senior Assistant Attorney General William F.Nessly. 4) This appointment and authorization may lle terminated at any time by the . Attorney General of the State of Oregon,lir by his designee. • 5) This appointment shall not authorize you';;o initiate or defend litigation in the • State of Oregon. i • . • • i 1162 Court Street NE,Salem,OR 97301-4096 Telephone: (503)934-4400 Fax:(503)373-7067 TTY:(800)735-2900 www.doj.state.or.us - Wade Isbell • May 24,2012 • Page 2 • This appointment shall be deemed accepted by yol:u upon your signing at the place indicated below and upon your,return of this original executed letter to the undersigned plus one copy of this executed letter to William F.Nessly. Please also sign either the enclosed oath or affirmation form and return it along with your letter. If you hav,e any questions,please contact Mr,Nessly at(503)947-4342. � r • Thank you for your assistance in this matter. • ' - Sincerely, • Mary Williams Depu`y Attorney General • • Appointment accepted and terms agreed to: jAeU . 6x6(7.012.- • • Signature - Date - • • .• • 3253392 • • • • • • • • r •• • • f • . i r Y. • I I ' STATE OF.ORE9ON Department of Ji. tice ' S • OATH of OFFICE State of ()\egr-t ) ) ss. . County of• L.-0-41e...-z ) • I, l .‘‘'.1_-e„./4,do solemnly swear that rwill support the Constitution of the United States,the Constitution of the State of Oregon, and the laws thereof, and that I will faithfully discharge the duties of Special Assistant Attorney General according to the best of my ability, so help me God, • ii:167 A-A—) Subscribed ar:d sworn to before me this '►Nday t:f Imo, vim ,24 • MaiDRAWCWZOPE ' Notary PubliE for . b r o r\ • My commission expires •3 k • fs( W CC��j� S AUGUST 03,2415 • • Note: Execute this oath of office before either a notary pu1Dlic or judicial official and return it to the • Supervising Attorney for filing with the Secretary of State, • • • • r, 1 AMENDMENT#2 to PRICE AGREEMENT#144 • • I.This is Amendment No.2 to Price Agreement#1468 as amended frot'iL time to time,see Section 28 for Amendment reasons. The Price Agreement dated June 10,2011 between the State•of Oregon,acting by and through its Department of Administrative Services Procurement Services("PS")and Professional Credit Service • hereafter called"Contractor."This amendment is effective on the date if:has been signed by both parties. B.The Price Agreement is hereby amended as follows.New language iha[Brackets and Underlined]deleted language with Bold and Strikethroughs.Exhibit A STATEMENT OF I ORK,2.0 PURCHASE ORDER i REQUIREMENTS,2.2, 11 EXEMPTIONS TO COLLECTION FEE Sketion 11.4,Exhibit B.Pricing Item 2,or any • combination of those as shown below. • •**************** :****:*****:* :***************************_;**** :********************** • f . . Exhibit A STATEMENT OF WORK,2.0 PURCHASE ORDER REQUIREMENTS, •2.2 MANDATORY PURCHASE ORDER LANGUAGE: THIS PURCHASE IS-PLACED AGAINST STATE OF OREGON SO'..JCITATION#102-1768-10 AND PRICE AGREEMENT#XXXX(URDERING ORGANIZATIOI•: WILL.INSERT PRICE AGREEMENT#).THE CONTRACT TERMS AND CONDITIONS AND SPECIAL CONTRACT • TERMS AND CONDITIONS(T'S&C'S)CONTAINED TN THE PRI IE AGREEMENT APPLY TO • THiS PURCHASE ORDER AND TAKE PRECEDENCE OVER ALL+OTHER CONFLICTING T'S AND C'S, EXPRESS OR IMPLIED. Specific Items-that Purchase Order must at minimum contain: *Contractor Commission Rate(s) • *Service renewal date *Interest rate and method of calculation requirements t ' *Whether authorized purchaser'passes along the cost of collection to tl.a debtor under ORS 293.231 (12) and whether Authorized Purchaser or Contractor shall be responsible fig;,:calculating the fee at the the • of assignment. *LaymentPlatrgitidelines *Authorized Purchaser restrictions regariling4Ite&onek,itittle tent afaecoupts?Authorized Purchaser shall provide Contractor with copies of statutory authority fc`settlement or compromise of accounts as-well as any Administrative Rules(OAR)or Autimt ed l'tt poliejeS c ,fares, *Identification of whether Authorized Purchaser will entertain compre'.aise or settlement offers * Identification of whether Authorized Purchaser has warrant or garnish meat authority * Reporting and remittance date(s)(at minimum-once a month;refer to.SECTION 10 for more details) Banking information for ACH remittance of funds collected *Reporting format(paper or electronic,including specific fle requirements) • *instructions regarding the reporting of assigned apcounts to Credit Reporting Agencies * Remittance requirement(Gross collections or net after commissions cr fees are retained) * Reasonable length of time Contractor may work an account without a payment before Contractor is required to contact Authorized Purchaser for further instructions. *Specific Authorized Purchaser expectations that are not specifically identified in the Price Agreement. *[Authorized Purchasers shall be entitled to a full refund from the Con}tractor if an error occurred based on over • collecting of the debt owed. That refund tidotlld only be collection fees.,] [Authorized Purchasers shall be entitled to a full refund from the Contractor if ar account was recalled due to an assignment error..or an error occurred based on over collecting of the debt owed. That refund would only be coliecti:on fees.] • ************** *** :**************: * :x************.*******?:=*ask******************* :*s:* : • 11 EXEMPTIONS TO COLLECTION FEE • Contract#1468,Auld 2.doc F • • C:tUscrsltnarlan\AppDataaLocal\Tcntp\Antd 2.doc 1 f - h 11.4.If an account is reduced or canceled by the Authorized Purchaser,+no Contractor's•Collection Charge shall be due Contractor for the amount so reduced or canceled. Any fes that were paid after the account was paid in fiull or when the Authorized Purchaser requests the account be returnAd because it was assigned in error to the Contractor. The Contractor will be contacted to reimburse the taxpayers by the Authorized Purchaser on 'overpayments received by the collecting Authorized Purchaser. [The AMhorized Purchaser shall provide notification to PCS within a thirty 30 to forty-five 45 day period,froin.M;vhen the fee posted on the taxpayers account,] . [Authorized Purchasers•shail be entitled to a full refund of any callectior;fees from the Contractor,that were earned where an error occurred based.on over collecting of the debt owed,and the Authorized Purchaser is required to make a refund to the debtor.Contractors refund to Authorized Purchaser would only be collection fees for the amounts over collected and returned. i • . i ******************************teat*********t***ick:*********: *************************** . EXHIBIT B-PRICING . , - 2.Legal and Forwarding Collection Services • A commission rate of twenty-three percent(23%)shall be paid to PCSm principal payments received by either PCS or CLIENT on assigned accounts on which PCS has filed suit or incurred fees in connection with forwarding accountto an external collection agent.Authorized Purchaser,or attorny in order to enforce collection. [The commission fee shall not exceed twenty-three percent(23%)and may ba reduced.] A eemmissiun-rate-e€-ten . +r7no%t..l;.,n r.,,.,.,r,�+� PCS th -Gli per -�srn�n-n -jm�iefi3al-�}R�A3Clk�'�'eeEi�(�by Ci;t�42i-�.co-oii�rc� catE3kl-0n-AgBIIey issued-Gitrnislunen#at-the-re u st-efthe-een :eter, i **************************x****************************##'•*************************** M. Except as expressly amended above,all other terms and conditions.of the,Price Agreement are still in full force and effect.Contractor certifies that the representations,warranties and certifications contained in the Price Agreement arc true and correct as of the effective date of this amendtrie; t and with-the same effect as though made at the time of execution of the Price Agreement. i . Certification: By signature on this amendment for Contractor,the unde?signed hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor;and that Contractor is,to the best of the undersigned's knowledge,not in violation of any Oregon Tax Laws.For purposes of this certification,"Oregon Tax Laws"means a state tax imposed by ORS 320,005 to 320.150(Amuses}tent Device Taxes),403.200 to 403.250 (Tax For•Einergency Communications), 118(Inheritance Tax),314(Income Tax),316(Personal Income Tax),317 • (Corporation Excise Tax),318(Corporation income Tax),321 (Timberland Forest Land Taxation)and 323 (Cigarettes And Tobacco Products)and the elderly rental assistance prcgrant under ORS 310,630 to 310.706 and any local taxes administered by the Department of Revenue under ORS,305.620. i CON t.• c ': Professional Credit Service, 1468 i . By: Com- /215 JzQ13 Name: Title: •1Date / DEPARTMENT IF-AD l'i I STRATIYE SERVICES,STATE PROCUREMENT OFFICE: BY: /I',. �.�/1i cls 7 Yb t d c72-- 1 — 91-20/Y f" r Na • / -- Title:. • Date #3319488-v2 i Contract 111468,Amd 2.doc - CttUscrslnturlan\AppDnIn\Local1Tcnnp\Antd 2.doc r ' i - . 1 • • • AMENDMENT# TO Contract# 1468 This is Amendment#3 to Agreement# 1468("Contract")hated June 10,2011 between the State of Oregon,acting by and through its Department of Ainistrative Services,Procurement Services(DAS PS),and Professional Credit Service("Co tractor").This Amendment is effective on the date it has been signed by every party and approved in accordance with applicable law. • The purpose of this Amendment is to extend the Contract for time. Recitals The parties have agreed to make the amendments set forth in this Amendment in lieu of terminating the Price Agreement and renegotiating anew one. • NOW THEREFORE,in consideration of the promises andimutual covenants contained herein, and for other good and valuable consideration,the receipt tnd sufficiency of which are hereby acknowledged,the Parties agree as follows: , 1. Price Agreement number 1468 is hereby amended as¶allows: •The Contract term ending June 09,2014 is extendeikunfi ui e:03 2021. Except as expressly amended above,all other terms and coiditions of the original Price Agreement are still in full force and effect. Contractor certifies that the representations and warranties contained in the original Price Agreement are true and correct as of the effective date of this Amendment#3 and with the same effect as though made at the time of this Amendment# 3. By signature on this Amendment,the undersigned hereby certifies under penalty of perjury that the undersigned is authorized to act on behalf of Contractor and that Contractor is,to the best of undersigned's knowledge, not in violation of any Oregon Tax Laws. For purposes of this certification, "Oregon Tax Laws"means a state tax imposed by ORS 401.792 to 401.816 and ORS chapters 118,314,316,317,318,320,321,and 323;tiae elderly rental assistance program under ORS 310.630 to 310.706; and local taxes administered by the Department of Revenue under ORS 305.620. •DAS P • Co • i1i/V .1r'orized Sf:Prie Authori ed Signature - Title:071e.P49-4444..t.., ,i,/Title: Mfr / C , '_ / ck Date: 3--//--2o/ Date: Master File#43829-10 Amendment#3 s PA#1468 • i / • S . i t , AMENDMENT#4 TO Contract# 1468 , - This is Amendment#4 to Agreement#1468("Contract")datedJune 10,2011 between the State of Oregon,acting by and through its Department o£Adniinistrative Services,Procurement Services(DAS PS),and Professional Credit Service("Contractor").This Amendment is effective on the date it has been - signed by every party and approved in accordance with applicable law. I ' This is amendment#4 to the above referenced contract(deleted language has a strike through and the new language is in bold print and underlined): L 1.0 DEFINITIONS • "ORCPP"means the Oregon Cooperative Purchasing Program whose members includes but is not limited to:cities,counties,school districts, special districts, Qualified Rehabilitation Facilities("QRFs"), residential programs under contract with the Oregon Departntnt of Hunan Services,United States governmental agencies and American Indian tribes or agencies{.For more information, visit online at: http://www.oregon.gov/DAS/EGS/ps/ORCPP/orcppMemberList.pdf 2. 3.1 TERM OF.k7dt•:PRICE AGREEMENT 3.2.1 3.1.1 The initial term of the Price Agreement is three(3)years beginning from the date that DAS SPO signs the Price Agreement(June 10.2011), end g-on-the-expiration date, less tc ated--seener-in previsiens-o Fri•• _ ..•• . •_• - . -.. - - "- -•• .• . :.Y-;•"; • • .; •• nemrth;elew The toxin ofthe- e . DAS SPO may extend the term of the Price Agreement for additional periods not to exude tent(10)years(June 9,2021.1.unless • terminated earlier in accordance with termination provisions set forth herein. This Price Agreement is amended to extend the exnirati nn date of this Price Agreement to June 9,2021. - - 3.1.2 DAS SPO shall notify Co e-State-k. ent• - . --- .•. •_ •.. . •- prior to-the'. .. • •-• ..:- - • _ - • -•-Y, 1-th • �y- •• .• •.•_. - - -- ... • , _ ' -- • _ -- shall-enp ceor o its-te,r., 3.1.3 3.1.2 Notwithstanding the foregoing,the State reserves the right in its sole discretion to extend the Price Agreement for a maximum of one(1)calendarmonth beyond any term.DAS SPO shall notify Contractor in writing of the one-month extension prior to the expiration of the then current term. Consecutive one-month extensions under this Section are not allowed. 3. 11.0 SALES TO AUTHORIZED PI3R.CHASERS 11.1 Contractor agrees to sellset dc?.sfronr-ibisPlieeAg rneut to State,S tate Agencies, • and ORCPP members(collectively,"Authorized Purchasers"). PriceAgreement#1488 - • • 11.2 Contractor shall verify the authority ofAuthorized Purchaser seeking to make purchases . under this Plice Agreement. If Contractor is found to have entered into two(2)or more • Contracts under this PriceA.greenient with an entity o°her than an Authorized Purchaser, Contractor may be deemed to be inmaterial breach o lithe Price Agreement. • 113 The identity of ORCPP members can be verified Qon the DAS SPO website at • www.orcgori.gov/DAS/SZD/SrO/docs/oxcpp member lint.pdf. httc://www.oregoii.kov/DASIEGS/ps/ORCPP/orcndMemberList.pdf • 11.4 The criteria used for the selection of contractors>tnder this multiple-award procurement of personal services, by state agencies sgbject to the procurement authority of DAS under ORS 279A.050.and 279A.140,may include the following, which are not • listed in any order of relative significance: ' } • • • 11.4.1 Price and cost data as presented in contractors'Proposals; • 11.4.2 The Contractors' approaches to meeting the service performance objectives; 11.4.3 The Contractors' expertise and that of their subcontractors, as demonstrated in their Proposals; • • 11:4.4 The Contractors' respective qualifications to perform the specific tasks required, . by the Authorized Purchaser; 1, 11.4.5 The Contractors' and their subcontractors'i experience in the collection of accounts with similar classes of debt and from similar categories,of debtors; 11.4.6 The Contractors' geographic locations that would be most advantageous to the Authorized Purchaser or to the effectiveness of its collections efforts;. ' • 11.4.7 The Contractors'past performance under Iother projects, or in their performance under this Price Agreement of services for otheti Authorized Purchasers in terms of (a) producing quality work; (b) ability to meet delivery schedule$; (c) effectiveness of communication 4nd coordination with Agency; and (d) efficiency in realizing collection$of accounts receivable. 7.4 Reports/Copies 7.4.1 The Authorized Purchaser reserves the rightto requireContractor to provide(in the manner prescribed by theAuthorized Purchaser)either areport detailing the actions taken under this Section 7 or true and correct copies of documents including Out not limited to: • A) Notice of Entry of Judgment in a Small Claims action i B) notice of lien,entry t • C) Writ of garnishments and the debt calculation 7.4.2 Contractor shall report to the Authorized Purchaser that assigned the account to Contractor,at Price 5reement#1488 • . 1 u k • • the same time it provides its other reports required under this Price Agreement and in accordance with the terms of the Purchase Order issued by the Authorized Purchaser,the status of,and the amounts collected on,each account for which Contractor initiated a legal action. 7.4.3 e • . . .. .. . .. : , : .•_ :.:•e-thme Contractor_ shall submits each Volume.Collections Report required in;Section-4.0 of this Price Agreement, an electronic file containing,the status of,and the amounts collected, for•all accounts for which Contractor has initiated a legal action. rhe reports mist be broken down by Authorized Purchaser and must be made in accordance!,with formats prescribed by DAS. DAS SPO Contact for this Price Agreement:•Ufemia- • � G st: icd 0PP 1225 Ferry SF..eet SEU 4A r Salem'OR-9-7401-42,36 e • . •- 1 eda(a)state er is Kaliska King,CPPB;OPBC . • • State Procurement Analyst Address:1225 Perry St SE.Salem.OR 97301 • I • • Phone:503.378.5332 Email:Kaliska.KinalOreaon,aov Exhibit A Statement of Work 4, 2.0 PURCHASE ORDERREQUIREMENNTS e .. . ., •.. - .. . . .. . .. •.... , - • Purchaser to-th- ! • . . t • •• :. . . . . , ! ... .. -- 'ccs ter• 155 Cottage St.NB U 50-Galem;011-4-7-301-3-969. 23 2^1 MANDATORY PURCHASE ORDER LANGUAGE: 'T`HISPURCHASEISPLACED AGAINST STATE OFORJ4GONSOLICIT.ATION#102-1768- 10AND PRICEAGREEMENT#700LTC1468 . �'� e f e '. ' • •. . • .• _ . . I . • • '.. =' • .THE CONTRACT TEIWSAND 4`ONDITIONSAND SPECIAL ' CONTRACT TERMSAND CONDITIONS(T'S&C'S)CONTAINED IN THEPRICE AGREEMENT APPLY TO THISPURCIIASE O.RDERAND`TAXEPRECEDENCE OVERALL OTHER CONFLICTING T'SAND C'S,EXPRESS ORIMPLIED." Specific Items thatPurchase Order must atminimum contain: N. PdceAgreement#1488 h • } r t• *Contractor Commission Rate(s) *Service renewal date *Interest rate and method of calculation requirements *Whether authorized purchaser passes along the cost of collection to the debtor under ORS 293.231 (12)and whether Authorized Purchaser or Contractor shall beresponsible for calculating the fee at • the time of assignment. • *PaymentPlanguidelines, • *Authorized Purchaser restriction; regarding the compromise of settlement of accounts. Authorized Purchaser shall provide Contractor with copies of statutory authority for settlement or compromise of accounts as well as any Administrative Rules(OAR)or Authc;rized Purchaser policies/procedures. *Identification of whether Authorized Purchaser will entertain 6ompromise or settlement offers *identification of whether Authorized Purchaser has warrant ori garnishment authority *Reporting and remittance date(s)(at minimum- once a month, efer to SECTION 10 for more details) *Banking information for ACHremittance offends collected *Reporting format(paper or electronic,including specific file rraquirements) • *Instructions regarding the reporting of assigned accounts to Condit Reporting Agencies *Remittance requirement (Gross collections or net after commissions or fees are retained) *Reasonable length of time Contractorniay work an account without apayment before Contractor is required to contact Authorized Purchaser for further instructions. *Specific Authorized Purchaser expectations that are not specifically identified in the Price Agreement. t . Except as expressly amended above,all other terms and conditions of original contract • are still in full force and effect. Contractor certifies that the representations,warranties and certifications contained in the original contract are true and-correct as of the effective date-of this amendment and with the same effect as though made at the time of this amendment. By signature on this Amendment,the undersigned hereby certifies under penalty of perjury that the • undersigned is authorized to act on behalf of Contractor andthat Contractor is,-to the best of undersigned's knowledge,not in violation of any Oregon Tax Laws. For purposes of this certification,"Oregon Tax Laws"means a state tax imposed b1 ORS 320.005-to 320.150 and 403.200 to 403.250,ORS chapters 118,314,316,317,318,32Q,321,and 323;the elderly rental • assistance program under ORS 310.630 to 310.706;and local taxes administered by the Department of Revenue under ORS 305.620. SIGNATURES • STATE OF OREGON by and through CO C 'OR the Department of Administrative Services, Procurement Services X1/1 By: By% " cement-Mim r E-z W\DLOC Title • //5)2015 a t� • Date D..e - t y • PrtceAgreement#1488 • . t . W-9 Request for Taxpayer Give Form to the Form ■■ 9 ' (Rev.October 2018) identification Number and Certification requester.Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.lrs.gov/FormW9 for instructions and the latest Information. 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. Ray Klein,Inc. 2 Business name/disregarded entity name,if different from above Professional Credit Service , m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1.Check only one of the 4 Exemptions(codes apply only to cn following seven boxes. certain entities,not Individuals;see a instructions on page 3): g 0 individuaVsole proprietor or 0 C Corporation CI S Corporation 0 Partnership 0 Trust/estate 0, o single-member LLC Exempt payee code(ii any) 4.'t 0 Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o, Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting ; t 0 LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LW is ( y) an another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code €f an F. is disregarded from the owner should check the appropriate box for the tax classification of its owner. 8 0 Other(see Instructions)► (Applies to accounts Mv»m;nedoutside the US) co 5 Address(number,street,and apt,or suite no.)See instructions. Requester'sname and address`(optionai) o P.O.Box 7548 co 6 City,state,and ZIP code , Springfield,.OR 97477 - 7 List account number(s)here(optional) • Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match thename given on line 1 to avoid 1 Social security number I backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other - entities,it is your employer identification number(EIN).if you do not have a number,see How to get a TIN,later, , Part II Certification Under penalties of perjury,I certify that:" 1.The number shown on this form is my correct taxpayer identification number(or i am waiting for a number to be issued to me);and 2.i am not subject to backup withholding because:(a)I am exempt from,backup withholding,or(b)i have not been notified by the Internal Revenue a Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.,citizen or other U.S.person(defined below);.and 4.The FATCA code(s)entered on this form(if any)indicating that i am exempt from FATCA reporting is correct. Certification Instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later. Sign signature of -7 Here u.s.person> ��f ��f j +Jr Date► c ""2 1 /9 •Form 1099-DIV(dividends,includingthose from stocks or mutual General Instruct S funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of Income,prizes,awards,or gross noted, proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer Identification number (EIN),to report on an information return the amount paid to you,or other Use Form W-9 only If you are a U.S.person(including a resident amount reportable on an information return.Examples of information alien),to provide your correct TIN. returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later. Cat.No.10231X Form W-9(Rev.10-2018) % i �...iN i HAWEFIN-01 AISHOLMES ACORCEDATE(MM/D CERTIFICATE OF LIABILITY INSURANCE D/YYYY), DATE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS • CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must have ADDITIONAL INSURED provisions or be endorsed. 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). , PRODUCER CONTACT Sharlita Holmes , NAME: Alliance Insurance Group PHONE FA 941 Oak St. (Am,No,Ext):((541)687-4799 343 I(acX ,N0):(541)600-8370 Eugene,OR 97401 ADpRIEss:sharlita.holmes©allianceinsgrp.com INSURER(S)AFFORDING COVERAGE NAIC N - _ INSURER A:dharter Oak Fire Insurance Company 25615 INSURED INSURER e:Travelers Property&Casualty Co.of America 36161 Ray Klein,Inc.dba Professional Credit Service INSURER C:gAIF Corporation 36196 400 International Way,Suite 100 INSURER D: Springfield,OR 97477 INSURER E: I INSURER F: COVERAGES CERTIFICATE NUMBER: t ' REVISION NUMBER: 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. INSR TYPE OF INSURANCE ADDL SUER POLICY NUMBER 'POLICY EFF POLICY EXP LIMITS LTR INSD WVD IMM/DD/YYYYI IMMIDDIYYYYI A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS-MADE n OCCUR X H-630-3K693576-PHX-19 10/3/2019 6/1/2020 PREMISES(Ea occ ante) $ 300,000 • MED EXP(Any one person) $ 10,000 t PERSONAL&ADV INJURY $ 1,000,000 GE 'L AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2'000'000 X POLICY j ieT n LOC {• PRODUCTS-COMP/OPAGG $ 2,000,000 OTHER: EMPLOYEE BENEFI $ 3,000,000 B AUTOMOBILE UABILITY COMBINED SINGLE LIMIT 1,000,000 (Ea accident) $ X ANY AUTO ')( BA-6N54251A-19-N2-G 10/3/2019 6/1/2020 BODILY INJURY(Per person) $ • OWNED SCHEDULED • _ AUTOS ONLY _ AUUTNOSWNEp ' - BODILY INJURY(Per accident) $ AUTEOS ONLY _ AUTOS ONLY - • - (PA?Fa cl dent)AMAGE $ $ B X UMBRELLALIAB X OCCUR , EACH OCCURRENCE $ • 10,000,000 EXCESS LIAR CLAIMS-MADE CUP-3L771911-19-N2 10/312019 6/1/2020 AGGREGATE 10,000,000 • _ DED X RETENTION$ 10,000 n $ C AND EMPLOYOERS COMPENSATION 1 •Y/N • r X STATUTE I ERH ' ANY PROPRIETOR/PARTNER/EXECUTIVE 370636 5/112019 5/1/2020 E.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? n N/A (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE $ 1'000'000 If yes.describe under 1 • DESCRIPTION OF OPERATIONS below• E.L.DISEASE-POLICY LIMIT $ - ,000,OOO f , DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule may be attached If more space le required) J The City of Ashland,its elected officials,officers&employees are included as Additional Insureds on a Primary and Non-Contributory basis with respects to the General Liability and Auto Liability policies,as interest may appear out of operations of the Named Insured,when required by written contract., J I i CERTIFICATE HOLDER CANCELLATION • SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Cityof THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Ashland ACCORDANCE WITH THE POLICY PROVISIONS. 20 East Main Street • Ashland,OR 97520 AUTHORIZED REPRESENTATIVE • r.. . ` --- ,..''''..-.44%), ACORD 25(2016/03) ,©_1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of-ACORD V a , • -.i : , COMMERCIAL GENERAL LIABILITY g Policy Number: 630-3K693576-PHX-19 i i 1 f, c. Method Of Sharing a.::�The statements in the Declarations are If all of the other insurance permits contribution accurate and complete; ,i by equal shares, we will follow this method also. b. `Those' statements are \ based upon Under this approach each insurer contributes !representations you made to us;and equal amounts until it has paid its applicable c. We have issued this policy in reliance upon limit of insurance or none of the loss remains, i your representations. whichever comes first. The unintentional omission of, or unintentional error If any of the other insurance does not permit in, any information provided by you which we relied contribution by equal shares, we will contribute upon in issuing this policy will not prejudice your by limits. Under this method, each insurer's rigl is under this insurance. However, this provision share is based on the ratio of its applicable limit does not affect our right to collect additional of insurance to the total applicable limits of premium or to exercise our rights of cancellation or insurance of all insurers. nonrenewal in accordance with applicable insurance ,}'-Primary And Non-Contributory Insurance If laws or regulations. Required By Written Contract 7. Separation Of Insureds If you specifically agree in a written contract or Except with respect to the Limits of Insurance, and agreement that the insurance afforded to an any rights or duties specifically assigned in this insured under this Coverage Part must apply on • Co1erage Part to the first Named Insured, this a primary basis, or a primary and non- insfrrance applies: contributory basis, this insurance is primary to a. i,As if each Named Insured were the only other insurance that is available to such insured ;Named Insured;and which covers such insured as a named insured, and we will not share with that other insurance, b. (Separately to each insured against whom claim provided that: i is made or"suit"is brought. (1) The"bodily injury"or"propertydamage"for 8. Trainsfer Of Rights Of Recovery Against Others which coverage is sought occurs; and To?Js . _ i (2) The "personal and advertising injury" for If the insured has rights to recover all or part of any which coverage is sought is caused by an payment we have made under this Coverage Part, - offense that is committed; those rights are transferred to us.The insured must - subsequent to the signing of that contract or do nothing after loss to impair them.At our request, agreement by you. the;insured will bring "suit" or transfer those rights to us and help us enforce them. 5. Premium Audit 9. When We Do Not Renew a. We will compute all premiums for this Coverage If we decide not to renew this Coverage Part,we will Part in accordance with our rules and rates. mail or deliver to the first Named Insured shown in b. Premium shown in this Coverage Part as the Declarations written notice of the nonrenewal advance premium is a deposit premium only.At nathless than 30 days before the expiration date. the close of each audit period we will compute If notice is mailed, proof of mailing will be sufficient the earned premium for that period and send proof of notice. notice to the first.Named Insured.The due date , for audit and retrospective premiums is the date SECTION V—DEFINITIONS shown as the due date on the bill. If the sum of 1. "Advertisement" means a notice that is broadcast or the advance and audit premiums paid for the published to the general public or specific market policy period is greater than the- earned segments about your goods, products or services premium, we will return the excess to the first I for the purpose of attracting customers or Named Insured. sui porters. For the purposes of this definition: c. The first Named Insured must keep records of a: ;Notices that are published include material the information we need for -premium placed on the Internet or on similar electronic • computation, and send us copies at such times ;means of communication;and as we may request. b. ;Regarding websites, only that part of a website 6. Representations _ .that is about your goods, products or services By accepting this policy,you agree: i for the purposes of attracting customers or 'supporters is considered an advertisement_; • Page 16 of 21 ©2017 The Travelers Indemnity Company:Ail rights reserved. CG T1 00 0219 Includes copyrighted material of Insurance Services Office,Inc.with its permission. Policy Number: 630-3K693576-PHX-19 . .0 . a ' COMMERCIAL GENERAL LIABILITY 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. , XTEND ENDORSEMENT FOR FINANCIAL INSTITUTIONS This endorsement modifies insurance provided under the following'.; • - COMMERCIAL GENERAL LIABILITY COVERAGE PART 1 ' GENERAL DESCRIPTION OF COVERAGE—This endorsement r Ibadens coverage. However, coverage for any . injury, damage or medical expenses described in any of the provisions of this endorsement may be exduded or limited by another endorsement to this Coverage Part, and these overage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general coverage description only. Read all the provisions of this endorsbment and the rest of your policy carefully to determine rights, duties, and what is and is not covered. i I • A. Repossessed Watercraft-25 Feet Long Or Less D. Blanket Waiver Of Subrogation B. Who Is An Insured — Employees And Volunteer E. Contractual Liability—Railroads . Workers ,— Bodily Injury To Co-Employees And F. Damage To Premises Rented To You , Co-Volunteer Workers i C. aiankev (Addltionel lnsured — Persons Or ` Organizations For Your Ongoing Operations As Required By Written Contract Or Agreement • c PROVISIONS "vounteer workers" while performing duties A. REPOSSESSED WATERCRAFT — 25 FEET relwted'to the conduct of your business. • LONG OR LESS C. BLANKET ADDITIONAL INSURED—PERSONS The following replaces Paragraph(1)of Exclusion OR, ORGANIZATIONS FOR YOUR ONGOING g., Aircraft,Auto Or Watercraft, in-Paragraph 2. OPERATIONS AS REQUIRED BY' WRITTEN • of SECTION I -COVERAGES--COVERAGE A CONTRACT OR AGREEMENT — BODILY INJURY AND PROPERTY DAMAGE The following is added to SECTION II—WHO IS . r LIABILITY: ANINSURED: (1) A watercraft that is: Any person or organization that is not otherwise (a) Ashore on premises you own or rent;or an Insured under this Coverage Part and that you ha\?e'agreed in a written contract or agreement to (b) Repossessed by you or the insured that include as an additional insured on this.Coverage is: Part is an insured, but only with respect to liability (i) 25 feet long or less; and ' for;'bodily injury", "property damage", or"personal (ii) Ashore on_premises you do not own and advertising injury"that: or rent; a.-'Is "bodily injury' or "property damage" that B. WHO IS AN INSURED —. EMPLOYEES AND occurs, or L "personal and advertising injury' VOLUNTEER WORKERS—BODILY INJURY TO :caused by an offense that is committed, CO-EMPLOYEES AND CO VOLUNTEER subsequent to the signing of the contract or WORKERS ,agreement; and The following is added to Paragraph 2.a.(1) of , b. i Is caused, in whole or in part, by your acts or SECTION II—WHO IS AN INSURED: omissions in the performance of your ongoing operations to which that contract or Paragraphs(1)(a), (b) and(c)above do not apply agreement applies or the acts or omissions of to "bodily injury"to a co-"employee" while in the course of the co-"employee's"employment by you I any person or organization performing such j operations on your behalf. or performing duties related to the conduct of your The limits of insurance provided to such insured business, or to "bodily injury" to your other will: be the minimum limits that you agreed.to •proiiide in the written contract or agreement, or is CG D5 52 0219 ©2017 The Travelers Indemnity Company.IAII rights reserved. Page 1 of 2 Includes copyrighted material of Insurance Services Office,Inc.with its permission. • I 1 • COMMERCIAL GENERAL LIABILITY •the limits shown in the Declarations, whichever E. CONTRACTUAL LIABILITY-RAILROADS • are less. 1. The following replaces Paragraph c. of the D. BLANKET WAIVER OF SUBROGATION ;definition of "insured . contract" in the • The following is added to Paragraph 8., Transfer ;'DEFINITIONS Section: Of Rights Of Recovery Against Others To Us, 'c. Any easement or license agreement; of SECTION IV — COMMERCIAL GENERAL 2. !Paragraph f.(1) of the definition of "insured LIABILITY CONDITIONS: 'contract" in the DEFINITIONS Section is If the insured has agreed in a contract or deleted. agreement to waive that insured's right of recovery against any person or organization, we F. ' DAMAGE TO PREMISES RENTED TO YOU waive our right of recovery against such person or The following replaces the definition of"premises organization, but only for payments we make damage"in the DEFINITIONS Section: because of: "Premises damage" means"property damage"to: a. "Bodily injury" or "property damage" that a. ''Any premises while rented to you or occurs; or temporarily occupied by you with permission b. "Personal and advertising injury" caused by of the owner; or an offense that is committed; b. The contents of any premises while such subsequent to the execution of the contract or :premises is rented to you, if you rent such agreement. premises for a period of seven or fewer. ',consecutive days. i _ I • • I , 1 • i 1 t " Page 2 of 2 ©2017 The Travelers Indemnity Company.;all rights reserved. CG D5 52 02 19 Includes copyrighted material of InsuranceServices Office,Inc.with its permission. i S- 4 (/ a i Policy Number: BA-6N54251A-19-N2-G f. COMMERCIAL AUTO i THIS ENDORSEMENT CHANGES THE POLICY.iPLEASE READ IT CAREFULLY. :) i, BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following BUSINESS AUTO COVERAGE FORM i GENERAL DESCRIPTION OF COVERAGE—This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is.a general cover- age description only. Limitations and exclusions may apply to thesje coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights,'duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF B BLANKET ADDITIONAL INSURED USE—INCREASED LIMIT C. EMPLOYEE HIRED AUTO I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT • D. EMPLOYEES AS INSURED J. PERSONAL PROPERTY , E. SUPPLEMENTARY PAYMENTS — INCREASED K. AIRBAGS LIMITS L. NOTICE AND.KNOWLEDGE OF ACCIDENT OR' F. HIRED AUTO — LIMITED WORLDWIDE COV- LOSS ERAGE—INDEMNITY BASIS M. BLANKET WAIVER OF SUBROGATION G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS .) A. BROAD FORM NAMED INSURED this insurance applies and only to the extent that The following is added to Paragraph A.1., Who Is - Person or organization qualifies as an "insured" under the Who Is An Insured provision contained An Insured, of SECTION II—COVERED AUTOS in Section II. • LIABILITY COVERAGE: , C. EMPLOYEE HIRED AUTO Any organization you newly acquire or form dur , ing the policy period-.over which you maintain 1. 'The following is added to Paragraph A.1.,- . 50% or more ownership interest and that is not •Who Is An Insured, of SECTION II - COV- • separately insured for Business Auto Coverage. I ERED AUTOS LIABILITY COVERAGE: Coverage under this provision is afforded only un- i An "employee" of yours is an "insured" while , til the 180th day after you acquire or form the or- y operating an "auto" hired or rented under a ganization or the end of the policy period, which- ;contract or agreement in an "employee's" ever is earlier. name, with your permission, while performing 'duties related to the conduct of your busi- B. BLANKET ADDITIONAL INSURED •ness. . The following is added to Paragraph c. in A.1., 2. .The following replaces Paragraph b. in B.5., . Who Is An Insured, of SECTION II— COVERED 'Other Insurance, of SECTION IV — BUSI- AUTOS LIABILITY COVERAGE: !NESS AUTO CONDITIONS: Any person or organization who is required under ;b. For Hired Auto Physical Damage Cover- • a written contract or agreement between you and age, the following are deemed to be cov- that person or organization, that is signed and ered "autos"you own: executed by you before the "bodily injury" or - (1) Any covered "auto" you lease, hire, "property damage" occurs and that is in effect • rent or borrow: and • during the policy period, to be named as an addi- I; (2) Any covered "auto" hired or rented by tional insured is an "insured" for Covered Autos • i your "employee" under a contract in Liability Coverage, but only for damages to which an "employee's" name, with your CA T3 53 02 15 ©2015 The Travelers Indemnity Company.ill rights reserved. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its-permission. . I • i i . 0 COMMERCIAL AUTO - i- ' permission, while performing duties .(a) With respect to any claim made or "suit" related to the conduct of your busi- ''?_brought outside the United States of ness. America, the territories and possessions However, any "auto" that is leased, hired, of the United States of America, Puerto rented or borrowed with a driver is not a Rico and Canada: covered "auto". t (i) You must arrange to defend the "in- D. EMPLOYEES AS INSURED ' sured" against, and investigate or set- tle any such claim or "suit" and keep The following is added to Paragraph A.1., Who Is • - ,.l us advised of all proceedings and ac- An Insured, of SECTION II — COVERED AUTOS tions. LIABILITY COVERAGE: - I • ' ' Any "employee" of yours is an "insured" while us- (ii) Neither you nor any other involved ing a covered "auto"you don't own, hire or borrow ; "insured" will make any settlement in your business or your personal affairs. without our consent. E. -SUPPLEMENTARY PAYMENTS — INCREASED (iii)We may, at our discretion, participate LIMITS in defending the "insured" against, or in the settlement of, any claim or 1. The following replaces Paragraph A.2.a.(2), "suit". of SECTION II — COVERED AUTOS LIABIL- ITY COVERAGE: (iv)We will reimburse the "insured" for p sums that the "insured" legally must (2) Up to $3,000 for Jcost of bail bonds (in- ; pay as damages because of "bodily cluding bonds-for related traffic law viola- ' injury" or "property damage" to which tions) required because of an "accident" ' this insurance applies, that the "in- 'we cover. We do not have to furnish 1 (cured" pays with our consent, but these bonds. , , I only up to the limit described in Para- • 2. The following replaces Paragraph A.2.a.(4), I graph C., Limits Of Insurance, of of SECTION II — COVERED AUTOS LIABIL- I SECTION II — COVERED AUTOS ITY COVERAGE: i LIABILITY COVERAGE. (4) All reasonable expenses incurred by the. 1 (v) We will reimburse the "insured" for "insured" at our request, including actual the reasonable expenses incurred loss of earnings up to $500 a day be- , with our consent for your investiga- cause of time off from work. tion of such claims and your defense of the "insured" against any such F. HIRED AUTO — LIMITED' WORLDWIDE COV- "suit", but only up to and included ERAGE—INDEMNITY BASIS t within the limit described in Para- The following replaces Subparagraph (5) in Para- ` graph C., Limits Of Insurance, of graph B.7., Policy Period, Coverage Territory, ; SECTION II — COVERED AUTOS of SECTION IV — BUSINESS AUTO CONDI- LIABILITY .COVERAGE, and not in TIONS: l addition to such limit. -Our duty to (5) Anywhere in the world, except any country or make such payments ends when we have used up the applicable limit of jurisdiction while any trade sanction, em- l insurance in payments for damages, bargo, or similar regulation imposed by the I settlements or defense expenses. United States of America applies to and pro- hibits the transaction of business with or !(b) This insurance is excess over any valid within such country or jurisdiction, for Coy- ' and collectible other insurance available ered Autos Liability Coverage for any covered I to the "insured" whether primary, excess, "auto" that you lease, hire, rent or borrow contingent or on any other basis. without a driver for a period of 30 days or less j(c) This insurance is not a substitute for re- and that is not an "auto" you lease, hire, reef quired or compulsory insurance in any or borrow from any of your "employees", i country outside the United States, its ter- , ,partners (if you are a partnership), members ritories'and possessions, Puerto Rico and (if you are a limited liability company) or - Canada. members of their households. i Page 2 of 4 - • ©2015 The Travelers Indemnity Company.All rights reserved. _ CA T3 53 02 15 Includes copyrighted material of Insurance Services Office,Inc.with its permission. I ' • COMMERCIAL AUTO. You agree to maintain all required or (2);.In or on your covered "auto". compulsory insurance in any such coun- This coverage applies only in the event of a total try up to the minimum limits required by theyt of your covered "auto". local law. Your failure to comply with • compulsory insurance requirements will No z deductibles apply to this Personal Property, not invalidate-the coverage afforded by cokierage. this policy, but we will only be liable to the K. AIRBAGS same extent we would have been liable The following is added to Paragraph B.3., Exclu- had you complied with the compulsory in- ( sions, of.SECTION III — PHYSICAL DAMAGE surance requirements. COVERAGE: (d) It is understood that we are not an admit- Exclusion 3.a. does not apply to "loss" to one or ted or authorized insurer, outside the more airbags in a covered "auto" you own that in- United States of America, its territories flate due to a cause other than a cause of "loss" and possessions, Puerto Rico and Can- set forth in Paragraphs A.1.b. and A.1.c., but ada.,We assume no responsibility,for the only: furnishing of certificates of insurance, or a.()Or If that "auto" is a covered "auto"for Compre- for compliance in any way with the laws 'hensive Coverage under this policy; of other countries relating to insurance. b. i The airbags are not covered under any war- G. WAIVER OF DEDUCTIBLE—GLASS ranty; and The following is added to Paragraph D., Deducti- c. 'The airbags were not intentionally inflated. ble, of SECTION III — PHYSICAL DAMAGE We will pay up to a maximum of $1,000 for any COVERAGE: one"loss". No deductible for a covered "auto" will apply to L. NOTICE.AND KNOWLEDGE OF ACCIDENT OR glass damage if the glass is repaired rather than LOSS replaced. The following is added to Paragraph A.2.a., of H. HIRED AUTO PHYSICAL DAMAGE'— LOSS OF SECTION IV—BUSINESS AUTO CONDITIONS: USE—INCREASED LIMIT YoUr duty to give us or our authorized representa- The following replaces the last sentence of Para- tive prompt notice of the "accident" or "loss" ap- graph A.4.b., Loss Of Use Expenses, of SEC- plies only when the "accident" or "loss" is known TION III—PHYSICAL DAMAGE COVERAGE: to: However, the most we will pay for any expenses (a) You (if you are an individual); for loss of use is $65 per day, to a maximum of (b)i A area artner(ifpartnership); $750 for any one"accident". A p you . P p)' I. PHYSICAL DAMAGE — TRANSPORTATION (c)i p member (if you are a limited liability com- pany); EXPENSES—INCREASED LIMIT - (d),An executive officer, director or insurance The following replaces the first sentence in Para- I manager (if you are a corporation or other or- graph A.4.a., Transportation Expenses, of ganization); or SECTION III — PHYSICAL DAMAGE COVER- (e) Any "employee" authorized by.you to give no- AGE: •tice of the"accident" or"loss". We will pay up to $50 per day to a maximum of M. BLANKET WAIVER OF SUBROGATION $1,500 for temporary transportation expense in- •The following replaces Paragraph A.5., Transfer curred by you because of the total theft of a coy- ered "auto"of the private passenger type. Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- J. PERSONAL PROPERTY TIONS : The following is added to Paragraph A.4., Cover- ' 5. !Transfer Of Rights Of Recovery Against age Extensions, of SECTION III — PHYSICAL "Others To Us DAMAGE COVERAGE: We waive any right of recovery we may have Property ;against any person or organization to the ex- Personal tent required of you by a written contract We will pay up to $400 for "loss" to wearing ap- i signed and executed prior to any "accident" parel and other personal property which is: •I or"loss", provided that the "accident" or"loss" (1) Owned by an "insured"; and r i arises out of operations contemplated by CA T3 53 02 15 ' - ©2015 The Travelers Indemnity Company.A''II rights reserved. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. COMMERCIAL AUTO such contract. The waiver applies only to the Thr`• unintentional omission of,-or unintentional • person or organization designated in such emir in, any information given•by you shall not contract. prejudice your rights under this insurance. How- N. UNINTENTIONAL ERRORS OR OMISSIONS ever this provision does not affect our right to col- The following is added to Paragraph B.2., Con- lect additional premium or exercise our right of cealment, Misrepresentation, Or Fraud, of cancellation or non-renewal. SECTION IV—BUSINESS AUTO CONDITIONS: • • • • • • • • • f � � t ' I Page 4 of 4 ©2015 The Travelers Indemnity Compa ny.All rights reserved. CA T3 53 02 15 Includes copyrighted material of Insurance Services Off ice,Inc.with its permission. t • Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting,review,and signature processes, and will be kept with the City's final executed copy of the document. Document: � {' �6// �J a s yrCC�/�— �v��ro is s i (Include names of parties to the document) �� • Type of Document: Contract Lease 0 Easement 1=1 Deed 0 IGA 0 Other (Spec) _ Dept Contact: / /'/aLl�'( U/S ACTION REQUESTED: Dept: ��UY� / Phone: L�&8'_ 5 � 0 Review Draft Date submitted to Legal: Jo ` 3 / q • ❑ AppV. rove final and forward to:. Draft due by: (Unless indicated,Legal will return document to you) Return Requested by: � � �-dz� a 3‘... �� `o' . Complete this section UIVLYthe first time this form is filled out: Has this document been previously worked on by the Legal Department staff? No ❑ Yes . If yes,by whom? LEGAL DEFT Fast Date eceived by Legal Date By , ` , USE ONLY = ' Returned to`Dept ;for Revision Date tB : x / Received for additional re e by Legal Date By Returned to Dept for Revision'" Date By h z 1 ,. .. i . � Recexvedfor additional review by Segal Datta By Returned to Dept for Revision' Date &y: W' f 3 igligiligiviiisFiRe 3 Received for Additional Review by Legal Date By 'Returned to':Dept for Revision Date: BY,. gilingilliiiiktillMINI aiiiimell , ..;u Final Logged out by Legal Date ../ By ,,; � ... Comments from LEGAL to DEPARTMENT: t Comments from DEPARTMENT to LEGAL: , ❑ ,See Attached , h ikilijegiiiiSeritralliiilliteiWill ,JFK',} .w+.'"'", �+y� y� fi PIENailgTitAigtlegzi iiiirgr � S k j 3 Ili �' :� � .:z .:: a .. isoko 3 Return original executed document to the City 7o s this document need to be recorded? Recorder for safekeepintg? 0 Io Yes ,,ttRM No ❑ Yes ` `'�',.„iia`1"t S, ,,,I six +*x k It ''�' '6`6`s'�`¢q = 7, ` z Irl °� � CITY ADMI STRATOR,/ EPARTMENT HEADS �,� x, T� � a ,, !lit.Please do not sign the attached document until this fo a bee raved byxtl a Legal Department ? i 3,; Y+�'r' `y a'i y pro t f X �"r 5h+, �' .� YF Xx¢ 5.°y.'R ,k' +C ^�kx"'p ,',�Sy' 'sw ""z ,�..�,'"art ''. R ,,.�. FI1 AL'LEGAL DEPARTMENT APPROVAL -1 y ik F f k ,n Y t '�.F '„tu" _ x T C s+ _n s rx +YYfK'�ate ^�"S :rn" �5 x' Sw rZr:3,�r.�fik"n .x5< Trs �*' 'c. 5 '' .-'r� �T £ �5`c ..�: 'ca+` vt ` tx xf x ,rfi�/ i` a: P"* ^is.". '."` F.,�kx'-<..:v. ,..'..±.�:.:actin 5 ,�,4K i wr�r f �" .o e e '�",� 'x'w 1 ? �.�, v �.+'''�n� �;'' f r .:,,Win', :.s ,,,.,.u:, 'k_�..rs. .n:,. ,.a.'.,..r..MF. r, x ..,.w>....,.r ::u+,�, e::�a. ., 3, .> .`..s. G:Uega11DEPARTMENTS\Contracting�FORMS1Legal Doc Transmittal-KLB.docx