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Res No 043-11-13357RESOLUTION NO. 43-11-13357 A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to an agreement with NRA Group, LLC d /b /a National Recovery Agency (NRA) a collection firm providing debt collection services for a percentage of the principal amount owed to the City and collecting said fee as a percentage of the outstanding principal. This agreement shall have an initial three (3) year period with two (2) one (1) year option to renew periods for a possible total term of five years (5), and providing an effective date. WHEREAS, the City desires to make current its outstanding delinquent accounts and requires use of a debt collection service; and WHEREAS, in accordance with competitive bidding procedures, three (3) collection agencies have provided quotes, NRA Group, LLC d /b /a National Recovery Agency (NRA), Gila, LLC d/b /a/ Municipal Services Bureau (MSB), and RPS Companies, Inc d /b /a RPS Worldwide; and WHEREAS, the National Recovery Agency (NRA) shall charge a commission on payment amounts at the rate of fourteen percent (14 %) on all accounts not previously serviced by a third party agency or law firm; and NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA; Section 1. That the City Commission hereby authorizes the City Manager to execute an agreement with the firm of NRA Group, LLC d /b /a/ National Recovery Agency (NRA) shall charge a commission on payment amounts at the rate of fourteen percent (14 %) on all accounts not previously serviced by a third party agency or law firm. This agreement shall have an initial three (3) year period with two (2) one (1) year option to renew periods for a possible total term of five years (5) and may be terminated by either party upon not less than thirty (30) days prior written notice to other Party. Section 2. This resolution shall take effect immediately upon adoption. PASSED AND ADOPTED this 1 stday of March 2011. ATTEST: CM CLERK READ AND_ APPROVED AS TO FORM AND SU F CIENCY: CITY ATTORNEY PM COMMISSION VOTE: 5 -0 Mayor Stoddard: Yea Vice Mayor Newman: Yea Commissioner Palmer: Yea Commissioner Beasley: Yea Commissioner Harris: Yea South Miami AllitmeKSaCIN CITY OF SOUTH MIAMI OFFICE OF THE CITY MANAGER INTER - OFFICE MEMORANDUM 2001 To: The Honorable Mayor & Members of the City Commission Via: Hector Mirabile, PhD, City ManagerC From: Alfredo Riverol, CPA, Cr.FA, Chief Financial Officer Ila Date: February 23, 2011 Agenda Item No.:�J A Resolution of the Mayor and City Commission of the City of South Miami, Florida, authorizing the City Manager to an agreement with NRA Group, LLC d /b /a National Recovery Agency (NRA) a collection firm providing debt collection services for a Subject: percentage of the principal amount owed to the City and collecting said fee as a percentage of the outstanding principal. This agreement shall have an initial three (3) year period with two (2) one (I) year option to renew periods for a possible total term of five years (5), and providing an effective date. The City currently holds Accounts Receivable (AR) Balances of $67,415.15 for Storm Water and $66,037.00 for Excess Trash for a total AR Balance of $133,452.15. The City desires to make current these outstanding delinquent accounts, but does not have an agreement for debt collection services, nor do its past records reflect one. The City desires to make current its outstanding delinquent accounts and requires use of a debt collection service. In accordance with competitive bidding procedures, three (3) collection agencies have provided quotes, NRA Group, LLC d /b /a National Recovery Agency (NRA), Gila, LLC d /b /a/ Municipal Services Bureau (MSB), and RPS Companies, Inc d /b /a RPS Worldwide. Background: The National Recovery Agency (NRA) shall charge a commission on payment amounts at the rate of fourteen percent (I47o) on all accounts not previously serviced by a third party agency or law firm, in addition, this agreement shall have an initial three (3) year period with two (2) one (1) year option to renew periods for a possible total term of five years (5) and may be terminated by either party upon not less than thirty (30) days prior written notice to other Party. It is noteworthy that in previous years the City has used what is a "passive" collections approach for unpaid balances, only requesting payment for the same during lien searches. In turn, the proposed approach herein would provide the City a more "active" collections process and would allow it a more effective address of this _ outstanding debt. Attachments: • Proposals from collection agencies. • NRA Certificate of Liability Insurance. COLLECTION SERVICES AGREEMENT This COLLECTION SERVICES AGREEMENT (the "Agreement "), dated as of February 18 2011, is made and entered into by and between NRA GROUP, LLC d /b /a NATIONAL RECOVERY AGENCY ( "NRA "), a Pennsylvania limited liability company located at 2491 Paxton Street, Harrisburg, Pennsylvania 17111 and City of South Miami ( "CLIENT "), a Florida [government entity located at 6130 Sunset Drive, South Miami FL 33143 . Each of NRA and CLIENT is at times referred to in this Agreement individually as a "Party" and collectively as the "Parties." WITNESSETH: WHEREAS, NRA is engaged in the business of collecting delinquent accounts, locating skip accounts and providing additional servicing functions for accounts referred to NRA; WHEREAS, CLIENT owns certain delinquent accounts (collectively, the "Accounts ") and desires to retain NRA to collect certain Accounts on the terms and subject to the conditions of this Agreement; and WHEREAS, NRA desires to accept the retention and to collect the Accounts. NOW THEREFORE, in consideration of the above premises and the mutual agreements hereinafter set forth, and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, and intending to be legally bound, the Parties hereby agree as follows: 1, DEFINITIONS Collection Agency: The independent collector, attorney, accountant, collection agency, law firm, or accounting firm shall be qualified pursuant to Florida Statutes and is certified by the State of Florida. Contracting Agency: The contract agency is the City of South Miami, and is hereinafter referred to as "City ". 2. SERVICES a. CLIENT shall from time to time refer delinquent Accounts (collectively, the "Referred Accounts ") to NRA. b. NRA will accept and attempt to collect Referred Accounts and shall use its best efforts to obtain all amounts due to CLIENT with respect to such Referred Accounts (collectively, the "Services "). 3. DESCRIPTION OF ENTITY AND RECEIVABLES TO BE COLLECTED Nature of Ser vices Requested The services to be provided will be a complete review of outstanding receivables referred to the Agency by the City. The agency will engage in the appropriate activities required to collect the outstanding receivable. • Description of Entity The City of South Miami, approximately 3 miles south of the City of Miami, encompasses 2,5- square miles within Miami -Dade County, South Miami, incorporated in 1927, is one of the County's oldest municipalities with a permanent residential, tri- ethnic population of approximately 11,862. The City of South Miami has a Commission - Manager form of government. The City Commission consists of the Mayor and four Commissioners. 9 Description of Outstanding Receivables a. Accounts which have outstanding balances greater than 60 days, upon review of the County and referred to the Agency, are to be collected. Accounts will include, but not be limited to the following types of receivables. The City may choose to refer any other receivable it deems necessary. i. Excess Trash Fees ii. False Alarms iii. Storm water b. The Agency will handle all paper work involved with collection procedures and will maintain records and current status on all accounts. This information will be available for view via internet access. c. The Agency's collection rates shall be in compliance with Florida Statute and other applicable sections of Florida Home Rule. d. The Agency will perform a skip trace on all accounts to determine if debtor is still located in the area. e. The Agency will provide the City of South Miami, monthly statements detailing the collections received and copy each individual department /division involved, i.e. False Alarms, Excess Trash Fees, Storm Water. This information must be received within ten (10) days after the end of each month. The information may be mailed to: Notices To City Manager: City of South Miami City Manager's Office 6130 Sunset Drive South Miami, FL 33143 Copy of Notices To City, Attorney: E The City will authorize city. Procedures for no developed by the City. g. The Agency agrees to local governmental ag provisions. Agency to take any legal means necessary to recoup monies owed to the ng the City of accounts requiring legal action prior to pursing same will be stain and make available its working papers to any Federal, State, and /or upon appropriate request, and in accordance with Federal, State, and local 4. COMPLIANCE WITH LAWS a. In performing the Services, NRA shall not intentionally or negligently fail to comply with all applicable federal and state laws, regulations and guidelines, and will not, under any circumstances; engage in any threats, intimidation, or harassment of a consumer in the collection of Referred Accounts. b. NRA will observe individual rights within the constraints of the Fair Debt Collection Practices Act ( "FDCPA "), Fair Credit Reporting Act ( "FCRA "), Health Insurance Portability and Accountability Act of 1996 ( "HIPAA ") and any other applicable federal and state laws pertaining to collection practices and procedures. c. NRA will provide the required notice that it records all inbound and outbound calls for quality control purposes, including communications with consumers and clients. 5. REMITTANCES /COMMISSION a. Payments will be remitted to the Agency only when collections are made. b. NRA shall remit to City all monies, less collection fee, on accounts during the preceding month. NRA will not be entitled to any compensation other than is expressly provided for in this contract. c. NRA shall charge a commission (the "Commission ") on payment amounts received in connection with the Referred Accounts ( "Payments ") at the rate of fourteen percent ( 14 %) on all accounts not previously serviced by a third party agency or law firm. With respect to any Referred Account authorized for litigation, other than court- awarded attorney's fees and costs, NRA shall neither add any charges or interest to the amount of the delinquent account nor collect more than the amount due to the City from any delinquent account. The City shall authorize any account that is recommended for litigation prior to the account being referred to an outside attorney. d. For the purposes of this Agreement, the term "Date of Placement" shall mean (i) the date on which CLIENT places a Referred Account on the secured file website or (ii) in the case of a Referred Account that the CLIENT transmits through means other than the secured file website, the date on which NRA receives written notice of the Referred Account. After the Date of Placement, any Payment received by either NRA or CLIENT will be charged the full Commission at the rate herein set forth. e. NRA will remit to CLIENT on a monthly basis, no later than the 15th of the month, Payments received during the preceding month on a net basis. For the purposes of this section, "net basis" shall be Payments received during the preceding month less Commission. E CLIENT grants and conveys unto NRA the right of endorsement in clearing drafts, checks, and notes in order to facilitate collection of Payments. g. For CLIENT'S protection, NRA will deposit all Payments daily into a trust account in the name of the City of South Miami. 6. REPRESENTATIONS, WARRANTIES AND COVENANTS a. NRA I. NRA shall maintain proper records on Referred Accounts in such a manner that CLIENT may audit them during normal business hours. NRA may audit the CLIENT books for the purposes of payment verification. NRA shall provide to the CLIENT reports selected by the CLIENT on a monthly, quarterly, or annual basis. Additionally, reports shall be made available to the CLIENT via NRA's internet site program called "Navigate." ii. NRA agrees that any information provided by CLIENT will be used solely for the purpose of skip tracing and /or collecting the Referred Accounts. NRA shall retain in strict confidence all CLIENT supplied information and shall use due care to preserve any and all such materials in its possession, including but not limited to, as outlined in the HIPAA guidelines. iii. NRA warrants that it maintains proper insurance coverage for the protection of CLIENT. An accord form shall be provided to the CLIENT upon request. iv. For Health Care Clients only: NRA acknowledges that it is a Business Associate of CLIENT and CLIENT acknowledges that it is a Covered Entity under HIPAA. Both Parties hereto agree to be bound by the terms of the Business Associate Agreement attached hereto as Exhibit "A" and incorporated herein. b. CLIENT I. CLIENT warrants that consumers were given prior written notice of any collection costs that have been added to Referred Accounts prior to placement with NRA. ii. Should CLIENT receive any Payment(s) in connection with a Referred Account while such account is referred to NRA for collection, CLIENT agrees to report the Payment(s) to NRA on the day such Payment is received. iii. Should CLIENT receive any bankruptcy notices or any other communications from a consumer or third parties in connection with a Referred Account, CLIENT agrees to report such notice or communication to NRA on the day it is received. iv. In order for NRA to comply with the Telephone Consumer Protection Act ( "TCPA "), CLIENT warrants that upon placement of Referred Accounts, it will indicate which phone numbers provided are cell phone numbers and whether such cell phone numbers were provided to CLIENT by the consumer or were obtained through other means, e.g., by other collection agencies or skiptacing. 7. INDEMNIFICATION a. NRA agrees and shall hold harmless CLIENT from any claim, demand, action, cost or judgment including a reasonable attorney's fee arising out of any action done by NRA in connection with the collection of any claim(s) place with NRA by CLIENT for collection. b. CLIENT agrees and shall hold harmless NRA from any claim, demand, action, cost or judgment including a reasonable attorney's fee arising out of any action done by CLIENT in connection with the collection of any claim(s) place with CLIENT by NRA for collection. 8. TERMINATION a. Termination for Convenience I. This agreement shall have an initial three (3) year period with two (2) one (1) year option to renew periods for a possible total term of five years (5). ii. This Agreement may be terminated for convenience by either Party upon not less than thirty (30) days' prior written notice to the other Party. iii. Upon termination of this Agreement for convenience, NRA will close and return all accounts to the City including all accounts with established payment arrangement, upon such termination. iv. NRA shall deliver to CLIENT a list of CLIENT'S accounts upon returning such accounts. v. NRA will remit the total amount held in trust to CLIENT within thirty (30) days of termination of this Agreement for convenience, and return all Referred Accounts to CLIENT within the time frame specified in section 6(a)(ii). CLIENT will pay all outstanding Commissions due to NRA, if any, within thirty (30) days of the later to occur of (a) the date of termination, or (b) receipt by CLIENT of Referred Accounts. b. Termination for Cause In the event of discovery of a material breach or default of the Agreement by NRA or CLIENT, the non - breaching Party shall first make proper notice to the breaching Party and will cooperate with that Party's good faith efforts to resolve the material breach or default within thirty (30) days (the "Cure Period"), If the breaching Party fails to cure during the Cure Period, the non- breaching Party may immediately terminate the Agreement for cause. ii. Upon termination of the Agreement for cause by CLIENT, all Referred Accounts shall be returned to CLIENT immediately. Upon termination of the Agreement for cause by NRA, NRA shall have the option of returning Referred Accounts immediately to CLIENT or within the time frame specified in section 6(a)(ii). 9. CLIENT AUTHORIZATIONS a. NRA will credit bureau report Referred Accounts only if CLIENT authorizes such reporting on the Credit Bureau Reporting Authorization located at Appendix A, attached hereto and incorporated herein. b. NRA will proceed with settlement offers on Referred Accounts only if CLIENT has signed the Settlement Authorization located on Appendix A, attached hereto and incorporated herein, and has indicated the discount and settlement rate permitted. c. NRA will review Referred Accounts to determine if they are appropriate for referral to an attorney for legal action only if CLIENT has signed the Review for Legal Proceedings Authorization located at Appendix A, attached hereto and incorporated herein. Upon determination that a Referred Account is appropriate for legal action, such account shall not be referred without CLIENT'S prior express written permission. 10. GENERAL TERMS a. In the performance of this Agreement, it is mutually understood and agreed that NRA and CLIENT are at all times acting and performing as independent contractors, and not as employees, joint ventures, or lessees, and neither party shall have any claim under this Agreement or otherwise against the other for worker's compensation, unemployment insurance benefits, or any other employee benefits. b. This Agreement is binding upon, inures to the benefit of, and is enforceable by the Parties and their respective legal representatives, assigns and successors in interest. Neither Party will assign its rights under this Agreement, except to subsidiaries and related companies, without the prior express written consent of the other Party. c. This Agreement will be governed by and construed in accordance with the laws of the State of Florida now in effect or hereafter enacted. d. This Agreement may only be modified in writing with the express consent of the Parties hereto. IN WITNESS WHEREOF, the Parties hereto, intending to be legally bound, have hereunto set their hands and seals the day and year above written. NRA GROUP LC d /b /a NATION RECOVERY AGENCY ,City of Southh Miami Signa 're Date Signat e / Date tkuell 0 fL HectorMirabile Phb Ci Manager Name T' lfe - Name Title APPENDIX A - CLIENT AUTHORIZATIONS 1. CREDIT BUREAU REPORTING CLIENT DOES, authorize NRA to submit Referred Accounts to a credit bureau 30 days after placement. Date 2. REVIEW FOR LEGAL CLIENT DOES authorize NRA to review Referred Accounts to determine if they are appropriate for referral to an attorney for legal action. Upon authorization and determination that a Referred Account is appropriate for legal action, such account shall not be referred without CLIENT's prior express written permission. CLIENT agrees to pay all court costs and filing fees in advance. 3. SETTLEMENTS CLIENT DOES authorize NRA to offer settlements in accordance with the percentages listed below without any prior or further approval from CLIENT. DISCOUNT: 20 % SETTLEMENT RATE: 80 % Exhibit "A' HIPAA Agreement (Healthcare Clients Only) HIPAA AGREEMENT This Agreement is made in accordance with the requirements of the Federal Health Insurance Portability and Accountability Act of 1996 (hereinafter "HIPAA "), as currently enacted and as may be amended from time to time, and corresponding HIPAA regulations related to the confidentiality and security of medical information. This Agreement shall serve, if required, as a Business Associate /Chain of Trust Agreement. ObAgations of Business Associate: 1. Business Associate agrees not to use or disclose Protected Health Information other than as permitted or required by the Agreement or as required by Law. 2, Business Associate agrees to use appropriate safeguards to prevent the use or disclosure of the Protected Health information other than as provided for in this Agreement. 3. Business Associate agrees to report to Covered Entity any use or disclosure of the Protected health Information not permitted by this Agreement. 4. Business Associate agrees to ensure that its agents, subcontractors, and employees will agree to the same restrictions and conditions as set forth herein. 5. Business Associates agrees to make available to Covered Entity the information as necessary to comply with individual patients' rights to access, amend and receive an accounting of the disclosures of their Protected health Information. 6. Business Associate agrees to make its practices, records, policies and procedures relating to the use and disclosure of Protected Health Information to the Secretary for the purposes of the Secretary determining Covered Entity s compliance with the Privacy Rule. 7. Business Associate agrees to return to Covered Entity or to destroy Protected Health Information upon termination of this the Agreement. Obligations ofCovere i Entity: 1. Covered Entity shall notify Business Associate of any limitation(s) in Covered Entity's notice of privacy practices, in accordance with 45 CFR section 164.520, to the extent that such limitation may affect Business Associate's use or disclosure of Protected. Health Information. 2. Covered Entity shall notify Business Associate of any changes m, or revocation of, permission by Individual to use or disclose Protected Health Information, to the extent that such changes may affect Business Associate's use or disclosure of such Information. 3. Covered Entity shall notify Business Associate of any restriction to its use or disclosure of Protected Health information that Covered Entity has agreed to in accordance with 45 CPR section 164.522 to the extent that such restriction may affect Business Associate's use of disclosure of such Information. COVERED ENTITY: BUSINESS ASSOCIATE: NRA Group, LLC d/b /a National Recovery Agency ME Name Name Title Date Title Date 10 COLLECTION SERVICES AGREEMENT This Agreement is made and entered into this day of 20� by and between Gila, LLC d/b /a Municipal Services Bureau, a Texas limited liability company (hereinafter, "MSB ") with its principal place of business at 6505 Airport Blvd., Suite 100, Austin, Texas 78752, and the City of South Miami, Florida (hereinafter, the "City "), who agree as follows: I. GENERAL IDENTIFICATION OF SERVICES The following documents are made an integral part of this Agreement I. Specifications prepared by the City of Palm Bay in its Request for Proposal No. 32-0 - 2010SB, Citywide Debt Collections Services. 2. Proposal Submitted for City of Palm Bay prepared by MSB dated May 10, 2010. II. DUTIES AND RESPONSIBILITIF,S A. Debtor Contact. MSB will mail notices, telephone and/or otherwise contact those individuals or entities (as referred to herein, the "Debtor ") who the City has identified to MSB as having outstanding and unpaid fees, obligations, fines or similar items payable to the City. MSB's contacts with Debtors will be to attempt to notify Debtors of their obligation(s) to the City. The purpose of the contact is to offer Debtors the opportunity to resolve their obligation(s) voluntarily before the City contemplates further action, if any. With respect to each account referred to MSB by the City, the City will provide to MSB the name and last known address of the Debtor, all information regarding the date(s) of the obligation(s), and the amount of any such obligation(s) for which the City is owed monies by the Debtor. The City, to the extent available, will also supply MSB with any other information about each Debtor such as driver's license number, social security number and/or telephone number. When appropriate and at its sole discretion, MSB may attempt to locate Debtors when the last known address or other information provided by the City is invalid. The information supplied to MSB by the City must be in a format acceptable to MSB. B. Correct Information. MSB will rely completely on the City to provide correct information about each Debtor's existing case(s) and, specifically, about any dollar amount in question. The City will immediately update and correct any information it has provided to MSB. In particular, the City will immediately notify MSB of any payment or other satisfaction of indebtedness made directly to the City or any other action affecting the amount or timing of monies owed by any Debtor to the City, including the receipt or notification of any Debtor's retention of counsel or the filing or suggestion of bankruptcy by any Debtor. C. Accounts Returned. The City will allow MSB a minimum of 365 days to contact a Debtor about his/her /its account. This time period will begin with the first day of the following month in which the account was referred to MSB. During this 365 day period, the City agrees not to contact Debtors or otherwise attempt to collect monies for those Debtors whose accounts COLLECTION SERVICES AGREEMENT PAGE I have been referred to MSB, though nothing contained herein shall limit or otherwise restrict the City's ability to accept monies forwarded or otherwise directly paid by any Debtor to the City. Upon written request by the City, MSB will cease contacting a Debtor whose account remains outstanding at the time of the written request. Upon written request by the City, MSB will return any Debtor's account to the City. D. Debtors Referred to the City. In the event MSB receives a request from a Debtor to resolve their obligation in a method other than by payment (i.e., a notification of bankruptcy or other extenuating circumstances), MSB will refer those Debtors who wish to resolve their obligation with the City other than by payment to the person designated by the City to respond to the Debtor's request. E. Valid Debts. The City agrees that Debtor accounts placed with MSB for collection will be valid and legally enforceable debts and not disputed or subject to any bankruptcy proceeding unless otherwise disclosed in writing to MSB by the City. F. Legal Action/Credit Bureaus. The City authorizes MSB to report delinquent accounts to the major credit bureaus unless an account is excluded from reporting by the City. MSB shall not report accounts to the credit bureaus until the account has been worked for 60 days. in no event shall MSB be required to bring any suit for the collection of any uncollected amounts. Should the City and MSB mutually agree that prosecution of a lawsuit is the proper course of action against a Debtor to effect collection, MSB shall request written authorization from the City before proceeding and the parties shall agree in writing as to how the prosecution of the lawsuit will be effectuated. III. COMMISSIONS ON MONIES COLLECTED. A. Basic Commission Rate. As specifically authorized by the City, MSB will charge a collection fee equal to twenty -two percent (22 %) for primary collection services and thirty percent (30 %) for secondary collection services. On all amounts of monies collected and /or received for accounts after the date the account is referred to MSB by the City, regardless of whether payment is accepted directly by the City or accepted by MSB on the City's behalf, MSB shall be entitled to retain said collection fee. B. By way of a primary collection example, after a Debtor's account is referred to MSB, if $100.00 is the amount due the City on that account, after deduction of MSG's $22 fee, the amount due to the City will be $7$.00. Partial payments will be pro -rated for fee payments to MSB. C. Notification of Collections. MSB will notify the City, in a mutually agreed -to format, weekly of any monies it receives from Debtors towards payments of obligations due and owing to the City. By the fifteenth of each month, MSB will provide detailed reporting to the City to identify all accounts known to be resolved during the prior month. All payments received by MSB on behalf of the City, less MSB'S fees, are to be remitted to the City on a weekly basis, via an electronic deposit to the City's account. MSB makes no warranties or representations, expressed or implied, about the amount of funds that will be collected and MSB shall have no liability for any amounts uncollected. The only liability of MSB will be to forward COLLECTION SERVICES AGREEMENT PAGE 2 funds collected to the City. The City authorizes MSB to endorse negotiable instruments made payable to the City and provided to MSB for payment of monies collected. D. For funds collected directly by the City on Debtor accounts referred to MSB, the City will notify MSB as soon as possible, but not less than weekly, and MSB will invoice the City for the commission due to MSB. The City agrees to review the invoice and forward payment to MSB within 30 days of receipt of the invoice. Should a payment of commission due under this Agreement not be made to MSB within 45 days after the City's receipt of MSB's invoice and the City fails to provide a written dispute as to any one particular account or the amount due and owing under the invoice, MSB shall be entitled to immediately offset any amount due and then owing to MSB from monies due to be forwarded to the City to satisfy any outstanding amount then due and owing to MSB. IV. TERM AND TERMINATION. This Agreement is for a one (1) year term to begin upon approval and execution by the City and MSB. The Agreement may be extended for up to four (4) one year renewal periods upon mutual agreement of the parties, up to a cumulative total of five (5) years. This Agreement will commence on its Effective Date and will remain in full force and effect until terminated by either party to other, with sixty (60) days prior writt en notice; at the address set forth herein. In the event this Agreement is terminated, any case information then held by MSB will be returned to the City within thirty (30) days of the termination date. Payment for services or goods received prior to termination date shall be made by the City provided these goods or services were provided in a manner acceptable to the City. Payment for those goods and services shall not be unreasonably withheld. V. OTHER PROVISIONS. A. Indemnification. (1) Indemnification by MSB. To the extent permitted by applicable law, MSB will indemnify and hold harmless the City from and against any and all losses, injury, damages, liability, claims, suits, actions, proceedings, and expenses (including attorneys' fees) resulting from actions performed by MSB or its agents on MSB's behalf in connection with this Agreement. This indemnity will survive the expiration or termination of this Agreement. B. Limitation of Liability: The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action arising out of this Agreement, so that the City's liability for any breach never exceeds the sum of $100.00 For other and additional good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MSB expresses its willingness to enter into this Agreement with the knowledge that the MSB's recovery from the City to any action or claim arising from the Agreement is limited to a maximum amount of $100.00 less the amount of all funds actually paid by the City to MSB pursuant to this Agreement. Accordingly, and notwithstanding any COLLECTION SERVICES AGREEMENT PAGE 3 other term or condition of this Agreement that may suggest otherwise, MSB agrees that the City shall not be liable to MSB for damages in an amount in excess of $100.00 which amount shall be reduced by the amount actually paid by the City to MSB pursuant to this Agreement, for any action or claim arising out of this Agreement. Nothing contained in this paragraph or elsewhere in this Agreement is in any manner intended either to be a waiver of the limitation placed upon the City's liability as set forth in Section 768.28, Florida Statutes, or to extend the City's liability beyond the limits established in said Section; and no claim or award against the City shall include attorney fees, investigative costs, expert fees, suit costs or pre judgment interest. C. Applicable Law. This Agreement will be construed in accordance with the laws of the State of Florida. Venue shall be in Miami Dade County, Florida. The parties hereby waive a trial by jury. D. Force Majeure. No party shall be liable for any failure to perform its obligations in connection with any action described in this Agreement, if such failure results from any act of God, riot, war, civil unrest, flood, earthquake, or other cause beyond such party's reasonable control (including any mechanical, electronic, or communications failure, but excluding failure caused by a party's financial condition or negligence). E. Notices required or otherwise arising from this Agreement shall be sent the following: Notices to MSB: Notices to the City: Municipal Services Bureau 6505 Airport Blvd., Suite 100 Austin, Texas 78752 Attention: Bruce Cummings City of South Miami South Miami, FL Attention: F. Audit Rights: The City reserves the right to audit the records of the MSB related to this Agreement at any reasonable time during the prosecution of the work included herein and for a period of three years after final payment is made. The MSB agrees to provide copies of any records necessary to substantiate payment requests to the City as may be requested by the City, solely at the cost of reproduction. G. Non - Exclusive Agreement: The parties acknowledge that this agreement is not an exclusive agreement and the City may employ other consultants, professional or technical personnel to furnish services for the City, as the City, in its sole discretion, finds is in the public interest. COLLECTION SERVICES AGREEMENT PAGE H. independent Consultant: MSB and its employees, agents, contractors and subcontractors shall be deemed to be independent contractors and not City agents or employees. MSB, its employees or agents, contractors and subcontractors shall not attain any rights or benefits under City's Personnel Rules and Regulations or Pension Systems nor any rights generally afforded City's classified or unclassified employees. MSB, its agents, employees, contractors or subcontractors shall not be deemed entitled to the Florida Workers' Compensation benefits as a City employee. IN WITNESS WHEREOF, the parties to this Agreement have signed and delivered this Agreement on the day and year first above written. GILA, LLC D/B /A MUNICIPAL SERVICES BUREAU: By: Name: Bruce Cummings Title: Chief Executive Officer CITY OF SOUTH MIAMI, FLORIDA: ! Title: COLLECTION SERVICES AGREEMENT PAGE 5 December 15, 2010 e vw. GIaCOro com Via�?l BRUCE CUMMINGS CEO 6505 AIRPORT BLVD. john Webster SUITE 100 specialist AUSTIN, TEXAS 78752 mProcurement City of South Miai, lorida 800.568.7004 X. 3030 6130 Sunset Drive - fax 512371.9994 South Miami, Florida 33143 Yvonne McDonald Finance Director City of Palm Bay, Florida 120 Malabar Road SE Palm Bay, Florida 32907-3009 Dear Mr. Webster and Ms. McDonald: Pursuant to the agreement reached by and between City of South Miami, Florida and City of Palm Bay, Florida, Gila, LLC d/b /a Municipal Services g bakaon to the Collection approves the City of South Miami, Florida's requeusd between Gila, LLC and the City of Services Agreement dated September 10, 2010 by Palm Bay, Florida and to provide services to the City of South Miami, Florida under the terms I Agreement. and conditions of that certain ent. Very truly yours, Bruce Cummings APPROVED AS TO FORM AND SUBSTANCE: BY: --Et Florida y of PalmBaYr By City of South Miami, Florida Page 1 of 1 About Us - Iii SB about as HOME ABOUT US SERVICES NEWS FAQ CAREERS CONTACT US Founded In 1991, Municipal Services Bureau (M5B) offers outsourced collections, payment 56 is highly automated processing and call center services to governmental entities nationwide. M ABOUT US and able to offer our dients Flexible, innovative solutions to their collections needs. The following resources make MSB the leading government collections provider: - rndustry-speclfic software, customiZad for government collections - Electronic transfer of accounts through a secured interface online, real -time access to your accounts Highly trained, bilingual collection staff - Extensive, national skip-tracing resources State- of- the-art VOIP technology - Sophisticated payment processing capabilities - Wide variety of payment options Extended business hours, tailored to client requirements home I about as I services I Pews I r q I careers I contact us I privPCy POtice 6505 Airport Boulevard, Suite 100 Ausfia, Teens 78752, TO: 1 800 568 7004 Copy,rghf 2007. All rlphts reserved. Collector's Pledge - MSB Page I of I abol[t us > collector's pledge HOME ABOUT US SERVICES NEWS PRO CAREERS CONTACT US OUR PROFESSIONAL I believe that every person has worth as an individual and is entitled to be treated with dignity and respect. COLLECTOR'S PLEDGE I understand that the collection Industry is an Integral part of our economy and that It is my personal responsibility to help consumers find ways to fully satisfy their outstanding obligations with my clients. I will always treat every individual with dignity and respect. As I demonstrate this behavior each day, I will encourage my co- workers to do likewise. I believe in the Core Values of MSB... - EMPOWERMENT - INTEGRITY - COMMITMENT - EXCELLENCE - TEAMWORK I will honor this pledge daily, knowing that my professional behavior will enhance the reputation of my profession in the minds of consumers, government regulators, fellow employees, my family and my clients. home about us I services I news I tan 1 careers 1 contact us privacy notice 6505 Al port Boulevard Suite 100, Austin, Te as 75752 Tel, 1 800 5687DO4 Copyright 1007. All rl9hts reserved. D, SuzTE ~iD0 ALLuSTI M, jX 78752 1 f S B) G O V E R N M ESN T S E R V i C E 5 COLLECTION PROCEDURES a municipal Services Bureau (MSB) is excited to offer the City of South Gila LLC d /bi P our requirements. our a superior collection solution modified y wittheou extensive experience Miami (City) sophisticated, advanced technology solution marries soph' overnmental entities. in providing collection programs exclusively to g MSB has developed and implemented hundreds of collection projects, giving us the necessary tools to provide the city best -in -class collection procedures. MSB has the ability to perform the necessary functions to provide a compliant collection program that maximizes recovery including: o An existing, turnkey solution that will allow MSB to collect on behalf of the City by providing our: o Call center and trained staff; o Skip tracing procedures; o Interface procedures; o Letter notification tool; and o Software components; • open communication in order to coordinate collection servicesaccepts and • A sophisticated computer hardware and software system accommodates the necessary data on the City's accounts; Initial and follow-up training to all employees encompassing all areas of collection activities, as well as all laws and regulations governing such activities; operating within the laws and regulations ® Providing assurances that MSB is governing collector activity; and or providing Contacting the City's debtors and requesting payment ® appropriate instructions to their remaining options in a p rofessional and business -tike manner. By implementing the collection services offered by MSB, you can achieve the following goals: Increased -MSB generates revenue by collecting delinquent fines, fees and costs that would otherwise go uncollected. MSB has the ability to address t evenly and consistently — virtually regardless of the each and every accoun location of the debtor. r M ° I B G AVER NI,1 ENT SERV I C E S Decreases. MSB indemnifies all clients against our actions and osure by utilizing MSG's services, maintains substantial erroapad ed pomissions liability insurance and bonds. e reduce the City's liability personnel are utilized without allocating the additional nal Ci MSB 's resources and P additional staff working along additional City funds. It's like having City's staff . e technology by benefiting from MSB's PremieTechnologv The City can leverage automated, advanced solution. MSB has the assets in place to. highly so hlst ion- , state s t the -art, reliable software and immediately offer the City P personnel necessary to meet the hardware resources as well as the skilled p desired goal. Collection Work Plan are with us. MSB MSB will make all possible attempts to locate and collect on al{ accounts with our office by the City. In addition we will work ut not limited to' as long will use all available resources including Call Center Resources • Skip tracing for new contact information • Collection letter series productivity calls an • Predictive dialer which enhances • Agent free, interactive, background dialer for additional phone maximum coverage und collection calls • Outbound and inbo • Toll free telephone number 84 hours: • Extended evening and weekend hours o 7 AM to 10 PM CST Monday through Thursday o 7AM to 9 PM CST Friday o 7 AM to 5 PM CST Saturday specifically trained to collect debt accounts Use of collectors ® Multilingual assistance (over 60 0 of employees) Phase I: initial 60 Days laced with MSB, it will be loaded onto ons Rattempt w once the account is p collection system. During this phase of the collection process, contact on accounts, at a minimum, 16 times. ® An initial collection letter, approved by the City, will be sent on all files outlining all fines and monies owed. ry M(I S Y Y S E R V I C E S l hone number, detailed ® The collection letter will provide a toll free to ep description of the obligation.and how to pay. 8 All accounts with potential contact numbers t be auto dialer and re Our gular called on a Interaction Intelligence Inc. v2.3 (INN) predictive mint. Attempts to contact the regular basis until contact is made at apminimum. debtor will occur every three day account o The dialer allows MSB to build call campaigns based collection key statistics factors (lie. South nttypes andd balance ranges) to allow for best and specific accounttyp potential contacts. I n to the City's debtors, O MSS will provide g formation changesrand' determine debtor note any contact indigence. ® Any account that does not have a potential contact number, found to batch a bad phone number, or marked with mail return will run through our batch skip process. D00's of national data bases to help o Batch skipping is done using 1 locate new contact information for the debtor. numbers may be o New addresses, home, work, and cell phone call campaigns will run returned to our collection system and special in an attempt to contact the debtor. stem and s All new potential contact information one alils will c nti uer The City will have contact attempts via mail and p real time, on-line access to their accounts through the Navigate ontact review collector comm m to ents, collection activities and updated information. Phase 11: Days 61 -240 rove collections, MSB will perform smart scoring ® If deemed necessary to imp specific information on the account give us on the City's accounts. This will st probability of collection. and allow us to assess the highest p will receive two more All of the City's accounts that remain od outstTh�s f ga progressive letter series in collection notices during this time p which each letter will carry stronger language. o Collection efforts on our predictive dialer, interactive dialer, and manual calls ounts that have good contact numbers. will continue on all acc information l ontact skip trace efforts on accounts Without as needed in an attempttofi d new Manual skip efforts will take place contact information on any account that does not have a telephone contact or has a mail return flag. v 1 � - - S.B G p V E R N M E N T S E RN/ I C E S ® ableres'ac�� the debtor- phase Internet and cross Skip agents will use all avail reference data bases in attemp' =o phase III: Day 241 — End of Contract ® Periodic additional collectio an nts will be be reated o increase payments, o Special mailing camp g ® Continued collection calls will be made on all accounts with good contac numbers. ® Once new contact information is found, ca Skip tracing continues. lls will begin again. please reference a detailed collection flow chart on the following page: r ' i �� 5 / � �_- -�� -�- ' MEN T S E R V I G E 5 G❑ V E R N 3 ' f S _. SERV1 CE S GO V ERN N' ENT Locatitors tion of our address management and skip Please read below for a detailed descrip tracing procedures. Address Management Services Our integrated sy stems provide is the ability appends Pre-scrub , USPS FASTforward System address data, enhance address informationvia wZ'pas Naional Change of Address (NCOA) Change of Address (COA) lookups, lookups. This is done on each account submitted to MSB'of products, all of which MSG's Address Management process is part of our family P I reports and statistics. These include turn share ccomprehensive operationa around reports tailored to debtor requirements and extremely fast processing times. Key benefits of the Address Management process are: ® Automatically replaces address on file with the forwarding address, prior to mailing, resulting in. o Faster delivery and fewer mail returns, accelerating recoveries o Updated address upon which to base automated skip tracing took -ups w Name and address standardization reduces mail returns due to data quality errors corrections, o Enhancement of rhea ddZ P +4lappe1nds for USPS CASS certification USPS City mapping, ® COA lookups on all records via USPS FASTforward's 12 -plus month database " extending the Change ® NCOA lookups on all FASTforward "no hits, of Address lookup to 3+ years Identification of "Known Bad Addresses," with ability to provide automated services on these debtors. Skip Tracing, Electronically and Manually it is anticipated that many accounts submitted will require extensive skip tracing efforts. Skip tracing is an industry term describing the various processes used to attempt to locate a person whose current address results oare significantly lower• without a successful skip tracing P gram, After all, we cannot collect from someone we cannot contact. ._ �:sas 35'�tISE4(de[I�YL3fT5tlia a. MM1- G p V E R N M ENT S E RV 1 6 E5 hone number or address is incorrect, and Once it is determined that either the tracing is conducted on a locat�ne annual basis begin skip tracing procedures. Skip quarterly, national basis. The schedule is ongoing on a monthly, Efforts include: as long as we have the account. vendors who �) Data ProvidersMamsaatweeas 'ourownl database lof mail return supply NCOA programs providers is linked to our internal are skip tracing. Information. online access to these p the following intrashare website for collector's convenience when they MSB has access to billions of data sources through ® Accurint (LEXIS NEXIS) & AcxIOm o ChoosePoint DirectoryNet ® Dolan FastData ® MasterFiles m R15kWise Verifacts 2J Additional skip tracing resources may include the following: m Multiple State and National Directory References ction Deposit on file with the Postmaster o Address Corre ® Credit Bureaus ® Utility Records v Driver's License Database 3) Cross Referencing of City's Accounts Against our Proprietary Database before collectors begin All new accounts submitted to MSB are skipped immediately ed on a monthly, working the accounts to ensure the most recent and accurate data is available at the time contact is attempted The accounts are continually re -mos quarterly, and annual schedule ' or relocate over that time. If a debtor rent s contacted on information in case they stem search to make sure they additional debts owed. Each account found is updated with the latest one account, the collectors will do an extensive system locate any information obtained. Batch Skip, Tracing Services M i r B , ) M o V ft M E N T 5 5 R V I C E 5 tracing process can effectively slop millions of accounts at a time. to date MSB's batch skip e of the The process is developed and engineered to provide the most up account referred to MSB without valid contact information for debtors who are difficult to locate. Regardless oft e ag h the same skip process. Batch skipping enables us to account or the balance owed, every information will go throng date contact details. Features include: expedite the time it takes to up Assistance (EDA) o Electronic Directory A phone and SSN Append ® Phone Dedupe (If a number is marked as bad, it is not returned as a goo one, nor is it kept in the search.) m Best Address good and ® Best Address Dedupe (if an address is bad, it is not returned as g it is removed from the search.) ht arty contacts ore ® Credit Header e h of ve'rifiication and fraud detection •) p rates, higher ® Full Header MSB accesses 6.8 billion records from over 30 sources to locate correct contact information including: • Bankruptcy Filings • Vehicle Registrations • Voter Registrations Driver's License' Numbers ® Utility information ® Phone Records MSB employs a waterfall process for batch skip tracing including: Applying multi levels of skip processing to improve overall Right Party Contact (RPC) results best Right waterfall effect utilizing up to 3 skip batch vendors ranked by o Party Contact percent Manual skip tracing for remaining submissions with unattainable contact ill be available information via batch processing w m Tracking and reporting to be designed for ongoing analysis A flow chart illustrating our waterfall skip tracing process is provided on the following page: ::?. ^a3 • r ; ( :W - GO VERNMEtJ '1' SERVICES letter Procedures and Ca abilities transferred to the The initial notice is mailed within 7n hours is the account being collection department. our written contacts areec f c cirrcumstances. MSB m y letter format and may be customized to meet sp utilize bilingual verbiage in the City's letters to ensure all debtors can make contact to initiate payment, loaded and to the first notice, a second no lce ted Each account the City refers to MSB is scheduled a letter series once it Is up or into MSG's system. If there is a failure process respond to If a payment is POS is automatically generated. This p reason, the letters automatically one account, a the account is canceled or closed for any nent in full is received on only ro riate to the situation is debtor has multiple accounts and payment reason, the letter series is the letter series is modified the account onrhold foappropriate any p a new scheduled. If the City places held until MSB is informed to continue collection activity s needs. Our letters are proven their effectiveness n communicating with debtors to MSB can customize an individual letter series to meet the City' time tested and have p i with all federal and state collection eentation phase. Each resolve accounts while complying the imp able to approve all letters and their verbiage dhsh and Spanish, a toll -free telephone a ments may be made. MSB's letter letter contains contact information in both English future needs of the number and the web address wheon-line letters to adjust to any notification tool can alter the language city. All letters will comply with EDCPA regulations. ININ Is a system that automates the dialing process Predicti� Technolo The Interactive Intelligence Inc, stem filters out calls with within a call center and detects an answered'callt The system numbers downloads from MSG's database and passes only answered calls no answer, busy signals, and disconnected messages. to the collector. The collector may o leave m ears on the debtor's detailed account information dates the database When an individual is reached, lace of employment, the monitor at the collector's workstation. Tone numbers, place up with verified information such ease of the eleemployee, the Dialer allows a collector to etc. Depending on the experience amounting to a.sevenfold increase in make approximately 200 contacts a day, debtor contacts compared to manual calls. v e z N m e N T s E rt v, c e s the account is passed to the skip is found, the account is put back into When the Dialer reaches a disconnected number, tracing queue, once valid information circulation. lace to deal with each circumstance- toa e d al A variety of strategies are in p si nal, the system can be programmed when the Dialer receives a busy g 60 minutes until someone that number every receives minutes thereafter until the tine is connected. Also, if the cat is not answered, the Dialer might continue to call every answers. A dynamic advantage of this system is the inbound/outbound and the number of r uall distributes the incoming and outbound calls, keeps track of the number of collectors on the dialer system incoming calls. The Dialer eq Y leaving no unanswered calls. MSB realizes the importance of immediately working accounts while the information (phone number, address, etc.) is still valid; therefore, we stress quick activity. However, M5B also understands that various circumstances prevent l matters persona vent one rom paying an obligation imm adiat a dater date. In many instances, changes enable the individual to Pay performance of each generates individual reports pertaining to the p eed and er evaluates each collector by the speed The Dialer g generates statistical collector. The Collection Ma, experience). The Dialer g thoroughness of their work (based on information in the following areas: a Time the collector spent on the Dialer o Productivity Of time spent on the Dialer. ® Number of messages left. Messages left with a person Wrong numbers called by the collector Accounts updated with new location information ® promises and refusals to pay Immediate payment made with initial contact via Credit Cards or Check Y Phone m Transferred calls from other collectors o supervisor reviews because of dispute Please reference a Dialer Campaign Flow on the following page: r is �"�� SERV10Es G D V E R N M E N T Dialer Campaign Flow Chart MSgINCroN +c Otoki S_ J S❑ v E R N M E N T SERVICES Phon_ __ft§) n hones stem by Interactive MSB utilizes a state of the art fully integrated VOIP p b e- mailing a wave file intelligence Inc (ININ). All calls can be shared with the City Y of the recorded conversation upon request. All inbound and outbound calls are recorded and stored for a minimum of 2 years' The ININ Customer nnovative Pre-Integrate d A(CI cat onrsu to -The multimedia ullt media Automatic Call Distributor (ACD) gives MSB capability to manage t elevate prloductivity, processing, voicemall, fax and unified messaging performance, and customer service. o ACD with Universal Queuing This is a flexible automatic communications distributor for language, segment or skills based call routing quickly g et each call to the appropriate collector. ® Full Ca able inter - active V pCe payment toscustomers waiting ins queue . or 1Ce options such as methods of ay calling after hours. ® Outbound Campaign Management- The Dialer pre - integrates to CIC to blend outbound campaign calls with inbound ACD calls. Once contact is made, the call is transferred to a collector. e o Aiina Scoring and Quality Monitoring- MSB is able to digitally record all collector inbound and outbound calls which involve client contact. Flexible scoring helps maximize collector performance, and simplify recording, file management and retrieval. Su ervision and Svstem Monitorin The supervisory and collector system monitoring capabilities allow MSB to view all stats in one interface. M58 supervisors, monitor these on several new 52" flat panel displays easily visible on the collection floor. a Com le te Workforce Mana ement- CIC's historical ACD data ensure optimal combined with projections for demand forecasts and scheduling staffing, collector performance and service. Telephone Techniques Just as important as achieving contact with the debtor are the telephone techniques used in attempting to collect the account. m MSB'ssgoat s tolbelthe ills colle c or multiple agencies contacting them for pay ent who the debtor decides to pay and the promise the debtor honors. MSB emphasizes being polite, courteous and professional to all debtors at all times. n are better The nature of the debtor has changed over the years. Debtoesc} toebe treated as educated and more sophisticated than in the past. They exp �l { VIA G V E R N M E N T s E RV i c E s appreciate being listened to individuals with unique circumstances and needs. Many and communicated with in an understanding way. MSB develops ° collectors First, iitt makes h'e MSB collector the collector the debtor results in two positives. ificantly increases the likelihood of promises kept most wants to pay. Second, it sign by the debtor. The MSB short -list of what makes a good telephone collector includes: • Treating he debtor like a customer, with a customer service attitude. • Suggesting ways for the debtor to overcome ee on the debtor' so that s eam, the collector creates the feeling that they • Being a good listener to evaluate the debtor's willingness tat d d 'btoto Pay- • Perfecting the negotiating Process and paraphrasing saying so that a mutually acceptable solution is reached. m Being assertive, not aggressive. Our telephone calls are designed to help the debtor voluntarily resolve their o there i obligation. We are here to let the debtor know that an opportunity for them i to resolve the matter voluntarily. Multi-lingual assistance s provided to all debtors. Litigation elded payment and MSB, through its skip if MSB's collection activities have not y' a defendant, MSB will tracing capabilities, is able to identify assets owned by recommend initiating litigation to recover the monies owed. If a case bala t e in is less than $5,000 (depending on the jurisdiction), MSB will recommend filing Pursuing claims court, as small claims court typically provides an efficient, cost - effective forum for litigating small dispue entounsd jurisdiction that provides des tthe mospt efficient litigation in the court of comp J of wage garnishments, bank liens andbwrits�of attachment, to facilitate the filing MSB's General Counsel, A. Lee Rigby, coordinates MSB's Litigation Program and oversees each step in moving cases through the litigation process. Mr. Rigby works with MSG's clients to evaluate and select those cases which ro proceeding without specific, candidates for litigation. MSB will not initiate any until a Litigation Plan has been ag reed written authorization from the client and un formal ' attorney w er a case is 11 first be sent tto tthe defendant. aIn addition, follow up pi olne written demand calls f om ! M!'' r i t �� P 2 G O V E R N M E N T SERVICE S an attorney may be placed before a lawsuit is initiated (as litigation should always be the last resort). Mr. Rigby also manages communications between MSB's clients and local attorneys working on MSB's behalf in the client's jurisdiction. MSB partners with select law firms and attorneys from The National List of Attorneys to provide legal services across the country. The National List of Attorneys provides a $3,500,000 insurance bond to provide security. Mr. Rigby and MSB coordinate all of these activities on the client's behalf. Asset Searches MSB utilizes national databases that are successful in providing asset searches and locating both assets and liabilities. MSB may utilize the following databases to identify assets: a Secretary of State ® Tax Appraisal Districts ® State comptroller 0 National Secretary of State e Nationwide Property Tax Information ® Nationwide Vital Record Information We have provided a flow chart detailing the litigation process on the following page: l6ti. i= ^tY �iiS i Il � y�tl � <i0i Mn U "SB G' V E R N M E NT S E RV 'a E S PaVmen_ t O°t�ons MSB offers numerous options for debtors to satisfy directly for it oblig do to achieve a in e City- our experience, when we accept payments higher collection rate. Debtors may choose from the following methods of payment: • All major Credit Cards • Debit Cards • online Payments, 24X7 • Electronic Check Over the Phone (Vcheck) • Money Gram • Cashier's Check • Certified Check • Personal Check mailed via USPS creditgureaus Upon request, MSB will submit accounts to a credit bureau. All correspondence with debtors may contain this language. MSB actively reports to the following major credit bureaus: ® TransUnion o Experian Equifax On -line Access to Accounts The City will have the ability to access d password on-line, ill be ssuedtto allow xthe City's the Navigate System. A login name and employees to enter the secure site to review information in real -time. Accounts may be reviewed by using several different fields such as name, account number, address, social security number, etc. You can also on view helcnterfa you provide. This Codes, Status Codes and Memo Codes depending articular technology allows the City to quickly find all information regarding a p account including amount due, amount paid, collectors' notes, updated address information, etc. The Navigate System will also allow the City the ability to generate reports. The reports are created in real time quickly and easily. The City will be able to access the dollar amount submitted, dollar amount collected and recalled, number of accounts paid in full, average age of accounts, our commission amount and numerous other account details for debtors. 211nli M111, - G p V E R N M E N T S E R V ICE 9 Executl ig Pa meat Plans with Debtors The initial recommendation to the debtor will always be to resolve their obligation by payment in full. in the event a debtor has multiple them to Y athe`firrst account in they cannot pay in full, an effort will be made to have them p full, then the second and so on. People who indicate they are indigent have the account referred back to the City. MSB never compromises the amount due without written authorization from you• our collection software automatically flags individuals who have broken payment commitments within three working days. These ac nFrom there, they are status code, indicating a broken promise to pay by the debtor , placed into a special dialer campaign, designed specifically to call and collect on accounts where promises to pay were broken. MSB is able to provide payment updates to the City electronically. Collection Campaigns MSB knows that the County will rely on our efforts to set budgets and the revenue we generate. in the event o as ns t h . Some of tthecampaignswe currently roue are: customized collection camp g Tax Refunds During "tax season ", January - April, MSB makes additional contacts to all debtors in the system. MSB has found that many debtors have disposable income during this time frame due to tax returns. This campaign will help the City see increased returns. In order to maximize this time of year when debtors may have their only `additional income', MSB sends specific tax letter mailings in addition to the general collection letter series. our clients see as much as a 55 %increase in their revenue collections. MSG's 2009 Tax Season efforts included: ® 248,527 letters mailed m 1,016,472 outbound calls ® 7,413 Inbound calls received Routinely Re- contacting Debtors as the account is outstanding yields results. This Re- contacting debtors as long assures the Clerk that your accounts are continuously being worked. We never stop working an account because a person's financial situation is very fluid and usually changes for the better as they mature. The collection rate increases dramatically over time as you continue to collect on older cases. Ux- 'M S r M O V E R N M E N T S E R V I C E S JIJLY2009 CLIENTS - client Casa level Total accounts and Average hays to Pap i Poo .:: 1,000 e:`, sS .1 t .air r f39a �Y Via. 440 21711 0 ` 1.3 coon _ 4.8 Mon 7 -12 {non 13.24 Mon. 25+ mon a count s Average paysto Pay The graph above demonstrates our ability to collect on "aged" accounts. The gray bars are the number of accounts paid in that timeframe and the purple bars are the average days to pay. For example, 1,566 accounts that had been with MSB for 25+ months (although their actual age is over four years old) were paid. You can compare this with the 1,100 accounts paid that had been with MSB for 4 -6 months. In summary, the majority of accounts paid (23 %) are in the oldest age category. This is statistical proof that we have success with aged accounts. call Monitoring The majority of our personnel who will be devoting their time to the city's collection project will be our collection staff. MSB is dedicated to hiring, training and retaining quality employees. One tool we use to ensure we are effectively managing ethical collection practices is through the monitoring of our collection staff by the Quality Assurance Department. Call monitorings are achieved through the following means: ® Remote Side -by -side a Recorded e s r r i ).. G p V E R N M E N T S E R V I D E S Frequency To maintain a consistent level of quality, a set number of monitorings must be performed for each collector on a weekly basis. The following numbers are to be followed to maintain that level of quality: • OA Monitor is required to complete 2 monitorings per collector • Team Lead is required to perform 1 monitor per collector • Supervisor is required to perform monitors on as needed basis, i.e. client requests and quality purposes Tracking Reports The call monitors are tracked by a daily tracker and reported to the Collection Manager on a weekly basis. Data is uploaded from the Web Service Portal and is analyzed for reporting frequency and quality trends, which may dictate additional monitorings for collectors who are displaying deficiencies in their quality of service. Assessing Collector Performance The ACD Report is used to track Collectors' call statistics. This report is distributed daily to Managers, Supervisors, Team Leads, and Collectors so that they can track expectations and goals. This report contains the following information for Collector calls: a Number of calls presented • Number of calls answered • Number of calls abandoned • Number of calls qualified • Collector call talk times (average daily, weekly and monthly) • Collector CPH (Calls Per Hour) • Wrap up time (time after each call to complete notes, etc.) • Percentage of paid time versus active call time Assessment of collectors' call statistics along with the Zero Tolerance Policy and the Attendance occurrence Policy are all indicators of the performance of the collectors. Daily, weekly and monthly reports are used to measure the overall performance of the Collection Department. These reports provide a measure of how the department as a whole, as opposed to the individual collectors, is performing. These reports allow for the comparison of day -to -day, week -to -week, and month -to -month data for continuing evaluation of the department's performance. U-11-1IMSB, G p V E R N ME NT S E RV I C E S Follow All Applicable Statutes MSB has a reputation of performing ethical collection services while maintaining stringent compliance with all legal practices and contract provisions. This includes the following practices: • Member of The Association of Credit and Collection Professionals (ACA international). • Adhere to ACA International's Strict Code of Ethics • Full compliance with FDCPA • Collector's Pledge Signed by All Staff • Compliance with All Federal, State and Local Laws e Fully Insured MSB is in compliance with all federal, state and local laws, including the FDCPA, and will ensure that it maintains this status throughout the contract period. Furthermore, MSB shall conduct work done under this contract in strict compliance with all applicable laws related to the collection of government receivables in the State of Florida and is licensed according to industry standards. As with all of our clients, we will remain cognizant of the evolving changes of collection laws and will adjust our practices as necessary to remain compliant throughout the term of the contract. Our training program educates MSB's staff on current legal guidelines, and our management team provides on -going notification of new laws and regulations in order to maintain compliance. More than simply complying with all federal, state, and local laws where we do business, we proactively maintain a compliance program that promotes prevention, detection and resolution of any instances of non - compliance. The collection industry is a sensitive business, in which we deal with financial issues that affect our clients, their debtors, our corporate reputation and ourselves. We take very seriously the fact that our clients depend on us to assist them with the services we have contractually agreed upon in accordance with all laws and the highest standards of ethics. Ethics Hotline MSB is committed to the highest possible standards of ethical, moral and legal business conduct. In line with this commitment and MSB's commitment to open communication, Lighthouse Services, Inc. (LSI) has been contracted to provide MSB Employees with an anonymous ethics hotline and website. LSI provides an avenue for employees to raise concerns and reassurance that they will be protected from reprisals or victimization for reporting ethical violations in good faith. MS �V G O V E R N M E N T S E R V I C E S Complaint Policy and Procedures Complaints will be handled immediately. The complaint will be referred to Chris Dettbarn, Director of Collection Services, and dealt with promptly. MSB will respond in writing to any individual that requests such a response, when a dispute has not been resolved by, telephone. If a debtor states that the account was previously paid, etc., we ask the individual to provide the necessary documentation to support their claim. Upon receipt of documentation, the account is placed on "hold" and forwarded to the City or dealt with as per previously agreed -upon instructions. Upon clarification, the debtor is notified that their claim was accepted, of a new balance or the fact that their claim was denied. in order to resolve a dispute as quickly as possible MSS records 100% of all outbound and inbound phone calls. In addition, we store the data for 2 years to ensure that we have adequate access to historical data in the event of a problem. Most agencies do not record calls because of the potential liability let alone store the data for multiple years. MSB so trusts in its people and processes that we are confident in letting the City have open access to all call data. Any complaint resulting from a phone conversation with our collectors can be forwarded to the City for review. The recordings are also used for training and, if necessary, disciplinary purposes. Our Quality Control department regularly monitors all calls to ensure our collectors are maintaining compliance with all state, federal and local laws as well as all client regulations. MSB Standard Complaint Handling Procedures • Payment made to client • Verify in Collections Resource System (CRS) of any payments made • If no payment made, contact client for balance due o Send debtor letter stating balance • FDCPA o Obtain validation of debt or invoice from client o Give letter to compliance officer • Attorney Accounts o Give letter to compliance officer o Inform client • Dispute Balances o Search CRS for proper data (account is active, name, SSN, DOB) o Contact client about the dispute o Send letter to debtor to contact client r r i i p o V E R N M E N T S E R V I C E S Escalated Complaint Resolution Policy In the rare event that MSB receives written notification of debtor dispute via the Better Business Bureau or a similar consumer advocacy organization, any law office, any state government agency, or the Federal Trade commission, the following procedure is implemented: • The complaint Is forwarded to the Compliance Officer for review. Based upon the review, the Compliance Officer forwards the complaint to the pertinent department fora full investigation. In the event the dispute is from the Federal Trade Commission, the complaint is forwarded to the Director of Operations for investigation. • There is a thorough investigation conducted, based upon the nature of the complaint. For example, if a debtor claims that they received a call after 9pm and in violation of FDCPA, all call records are retrieved from the dialer for review to ensure that no calls were placed outside of the allowed time frames. If a debtor claims they are being harassed, all recordings of all calls to that debtor are retrieved and reviewed by senior management. All calls are recorded and kept for a period of 2 years. • Results of the investigation are forwarded to the Compliance Officer who will then render a determination as to whether MSB is or is not in violation of FDCPA, FCRA, and other laws. Appropriate actions taken are: • If MSB is in compliance with all applicable laws, the organization /agency which forwarded the complaint is notified that MSB has reviewed the account and determined that it acted in accord with regulations. In the account of government agencies, all requested evidentiary support is provided. The account is closed internally. • If MSB is not in compliance with all applicable laws, the organization/ agency which forwarded the complaint is notified as such. In the account of government agencies, all requested evidentiary support is provided. MSB keeps the account open until the forwarding organization or agency closes the account at a later point, regardless of their determination at that time. ® MSB is aware that complaints may not arise for weeks, months, or up to a year from the date of occurrence. As such, call recordings, dialer records, transaction paperwork, and all records as they relate to collection operations are retained for a period of no less than two years. Financial records are retained for time periods specified by the Sarbanes -Oxley Act and SAS 70 audit requirements. U1,11, MN,'IT r MOVER N ME NT S E RV I C E S Nationwide Collection Services We will attempt collection on any account regardless of a debtor's location and are licensed or authorized to collect in all 50 states and U.S. territories as evidenced by the table below: Attn: David Kahana (877)285 -9929 x223 Fax: (877)228 -1004 www.Tpsworldwide.net 5924 S. Orange Ave. Orlando, FL 32809 Yr VLYl_ DW11. 9 THIS AGREEMENT IS MADE BETWEEN RPS Companies, Inc. & (Name), agent of (Company) HEREIN REFERRED TO AS CLIENT. 1. Upon placement of a dalm(s), where a Debtor owes funds to CLIENT, RPS Companies, Inc, will use Its best efforts to expeditiously collect the claim on behalf of CLIENT. RPS Companies, Inc. agrees to charge a commission only on funds actually paid by Debtor to RPS Companies, Inc or Client and not the actual amount owed, subject to the provisions of paragraphs 4, 5 and 7 below. 2. CLIENT warrants the validity, amount and authenticity of all claims and accounts placed with RPS Companies, Inc. for collection. Upon request by RPS Companies, Inc., CLIENT agrees to forward documentation to RPS Companies, Inc. to prove the amount, and authenticity of the claim when requested. 3. RPS Companies, Inc. shall notify CLIENT of any settlement offers received by RPS companies, Inc, and no settlement offer shall "be accepted by RPS Companies, Inc. without CLIENT'S express consent. 4. CLIENT may withdraw a claim placed with RPS Companies, Inc only where a) there has been no activity on the account in the preceding sixty (60) days and b) the claim is not in litigation or involved in an insolvency proceeding. All Withdrawals must be done via fax to 877 -228 -1004 by CLIENT and any commission then due and payable to RPS Companies, Inc. must be paid before the claim is deemed withdrawn. Any claim canceled by CLIENT white payments are being made by debtor will be billed by RPS Companies, Inc for the full anticipated commission due RPS Companies, Inc. on the entire amount of the original claim assigned to RPS Companies, Inc. There is a fee of 10% of the principal balance of the account for administrative, initiation and clerical expense on all accounts withdrawn by CLIENT not in accordance with the provisions of paragraph 4a and 4b. S. CLIENT shall report all direct payments made by Debtor to CLIENT to RPS Companies, Inc within three (3) business days of receipt of payment by CLIENT via fax to 877-228-1004, and the commission due RPS Companies, Inc. on the direct payment shall be remitted to RPS Companies, Inc within (21) days. 6. All claims placed with RPS Companies, Inc. by CLIENT, regardless of amount, previous collection efforts or nation of Debtor shall be billed by RPS Companies, Inc. to CLIENT at a rate of 30% of any and all funds collected by RPS Companies, Inc.. All claims placed with RPS Companies, Inc. by CLIENT that are over one (1) year in age shall be billed by RPS Companies, Inc.to CLIENT at a rate of 40% of any and all funds collected by RPS Companies, Inc. Any claim, under $500;00 in amount owed or claim regardless of age that requires litigation shall be collected at a rate of 50%. 7. Any merchandise returned to CLIENT by Debtor after initial contact by RPS Companies, Inc. shall entitle RPS Companies, Inc. to a commission equal to 10% of the actual invoiced amount when equipment was purchased. 8. Any claim placed with RPS Companies, Inc, by CLIENT that is discovered to have been previously paid by Debtor or placed by CLIENT error will be billed by RPS Companies, Inc. to Client at a rate of 10% of the claim as an administrative, clerical and initiation fee. 9. RPS Companies, Inc, shall account to CLIENT on a monthly basis all funds collected by RPS Companies, Inc. on CLIENTS behalf and all remittances and/or invoices will be sent at this time. 10. CLIENT grants to RPS Companies, Inc and any attorney or collection firm that RPS Companies, Inc. may forward dients case to express authority to endorse and negotiate any check, draft or other negotiable instrument made payable to CLIENT for deposit in trust for cl stribudon to CLIENT after deducting the commission and fees due RPS Companies, Inc. under this agreement. 11. CLIENT understands that RPS Companies, Inc. may at their discretion forward a case or a claim to an outside law firm or collection network to assist in the recovery of said account and hereby grants RPS Companies, Inc. permission to do so. It is further understood that CLIENT must give RPS Companies, inc.approval in the event that such a transfer will result in additional charges. 12, in no event shall RPS Companies, Inc. be liable in any respect for the Inability to collect any account placed with RPS Companies, Inc. by CLIENT for collection. It is understood and agreed that RPS Companies, Inc. is not a guarantor of any specific result on accounts placed by CLIENT. 13. RPS Companies, Inc agrees and shall hold harmless CLIENT from any claim, demand, action, cost or judgment, including a reasonable attorneys fee arising out of any action done or failing to be done by RPS Companies, Inc. in connection with the collection of any dalm(s) place with RPS Companies, Inc. by CLIENT for collection. 14. This agreement shall be construed in accordance with the laws of the State of Florida. In the event that any provision hereof is found to be Invalid or unenforceable, then that provision shall be deemed to be severed and removed and the remaining provisions shall remain valid and in full effect Agreed on this date --I —� For CLIENT. (Sign your name) Position With Company Attn: David Kahana RPS Worldwide 5924 S. Orange Ave. Orlando, FL 32809 Ph. 877- 285 -9929 Fax 877- 228 -1004 Client Account Placement Form Your Information: Company Name: Contact Zip Code: Main Phone: Alt. Phone: Your Debtor Information: Company Zip Code; Main Phone: Alt. Amount Owed:$ Service Provided: Reason For Not Paying: Date Of Delinquency: ! / Any Signed Contracts ?; Have You Received Any Payments ?: Are there any bad checks ?(please circle one): YES NO If YES Amount:$ Date: Amount: Is this a Judgment ?(please circle): YES NO If YES Date when Judgment was obtained: Any additional information that would further help collection, please provide below: David Kahana Senior Account Executive Ph. 877- 285 -9929 ext 223 Fax 877 - 228 -1004 5924 S. Orange Ave. Orlando, FL 32809 www.rpsworldwide.net How it works: NO RECOVERY NO TEE If we don't recover your money, you owe absolutely nothing!. Phase One Within 24 hours of placing an account, the following will happen. . The first of four letters is sent to the debtor via US Mail. . Your case will be placed into the workload of one of our staff collectors. . Our collector will attempt to contact the debtor and produce a resolution to the matter. Expect our collector to place daily phone calls the first 14 to 21 days in an attempt to contact the debtor. If all attempts to reach a conclusion to the account fail; we go to Phase Two, where we immediately forward the case to one of our affiliated attorneys located within the debtor's jurisdiction. Phase Two Upon our office sending your case to a local attorney within our network, you can expect the following. The receiving attorney will immediately draft the first of several letters to the debtor, on his law firm letterhead, demanding payment of the debt owed to you. The receiving attorney or one of his staff members will immediately start attempting to contact the debtor via telephone, in addition to the series of letters. If all attempts to reach a conclusion to the account continue to fail, we will send you a letter explaining the issues surrounding the case and what we recommend for the next and final step. Phase Three our recommendation will be one of two things. If after a thorough investigation of the facts surrounding the case and of the debtor's assets, we determine the possibility of recovery is not likely, we will recommend closure of the case. You will owe nothing to our firm or our affiliated attorney for these results. If our recommendation is litigation, you will have a decision to make. If you decide not to proceed with legal action, we will drop the case and you will owe our firm or our affiliated attorney nothing. If you decide to proceed with legal action, you will be required to pay the upfront legal costs such as court costs, filing fees, etc. These fees typically range from $600.00 to $700.00, depending on the debtor's jurisdiction. Upon payment of these funds, our affiliated attorney will file a lawsuit on your behalf for all monies owed; including, but not limited to, the cost to file this action. If our attempts to collect via litigation fail, the case will be closed. You will owe nothing to our firm or our affiliated attorney, 1 ® CERTIFICATE OF LIABILITY INSURANCE DATE(NRVDDIYYYY) 218/2011 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 ADDfTIONAL INSURED, the policy(ies) must 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 endomement(s). PRODUCER Gunn Mowery, LLC P O Box 900 Camp frill PA 17001-0900 CONTACT 14aS1an ROhAt _ -- NAME: PHONE (717)761-4600 TWO No:(TST)761__6154 EA-bMDARL E SS: s csr24@gmowery.com PRODUCER p0034116 M -IMMA 'INSURERS AFFORDING COVERAGE NAIC p INSURED NRA Group, LTC, DBA: National Recovery Agency 2491 Paxton Street Harrisburg PA 17111 INSURERA:Ohio Casualt 24074 INSURER B:Travelers 25674 )NSUKERC:CNA_Surety Co 018313 INSURERD: DAMAGE 10 RENTED INSURER E: _— M ERCIAL GENERAL LLABILITY INSURER F: S COVERAGES i.cru rrn.nlc l \u,rwa:.,.. -•• -_ -..._. INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD THIS IS TO CERTIFY THAT THE POLICIES OF TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS INDICATED. NOTNWTHSTANDING ANY REQUIREMENT, AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE City of South Miami EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. 6130 Sunset Drive A South Miami, FL 33143 INSft LBU R OUCYEFF POLK)YEXP. TYPEOFINSURANCE In R we POLICY NUMBER MWDD/YYYY III MIODtY LIMITS LTR EACH OCCURRENCE F 1x000,000 GENERALUASILITY DAMAGE 10 RENTED 100,000 M ERCIAL GENERAL LLABILITY S MOCCUR P1894511 0/23/2tl10 0/23/2011 MEO EXP An one IsOn 5 15,000 A CLAIMS -MAOC Excluded TXC:Ot PERSONAL &ADV INJURY $ GCNERAL AGGREGATE S 2,000,000 PRODUCTS- COMP /OPAGG S 2,000,000 GENT. AGGREGATE UMn APPLIES PER: X POLICY PRO- LOC $ COMBINED SINGLE LIMIT CO BINS , $ 1,000,000 AUTOMOBILE LIABILITY BODILY INJURY (Per person) S ANY AUTO 1894509 0/23/10 0/23/11 BODILY INJURY (Peraaidenp S A ALL OWNED AUTOS PROPERTY DAMAGE S SCHEDULEDAUTOS X (POracddenl) S HIRED AUTOS X NON -OWNEDAUTOS S X Comp -S1DO Cal -5500 X UMBRELLA LIAa X OCCUR EACH OCCURRENCE S 2,000, ODO AGGREGATE t 2,000,000 EXCESS LIAR CLAIMS -MADE S DEDUCTIBLE 0/23/2010 F0/23/2011 A X RETENTION S 10 000 U6721691 A WORKERS COMPENSATION E.L,EACH ACCIDENT S 500 000 AND EMPLOYERS• LIABiUTY Ya ANY PROPRIETORIPARTNER/FXECUTIVE E.L DISEASE -CA EMPLOY[ S 500 000 FFICIE MEn EXCLUDED? NIA CIS94508 IO/23/2010 NN) It yes, dnraibe ender E.L, DISEASE • POLICY LIMIT S 500,000 DESCRIPTION OF OPERATIONS below 10/23/2010 0/23/2011 Employee Tnefl &FRIBA y $1,000,000 B Crime 05508389 02/01/201004/01 /2011 Protessbnal Liablhy $2,000,000 C Ec:= & Opd.9sion 87995348 OE5CHIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, AddKmnai Remarks SelmdWe, If more epeaa is required) city of south Miami is added as additional insured for general liability CERTIFICATE HOLDER SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. City of South Miami AUTHORIZED REPRESENTATIVE 6130 Sunset Drive A South Miami, FL 33143 -� Marian Rohm /MRONM��"�� - CORPORATION All rl htc vPd. g INS025 t eau) The ACORD name and logo are registered marks of ACORD MUM \� / (\ \) §� \ .z ` ?( @ f{M ¢ don / ( �#f �(! t§ i\ MUM \� / (\ \) §� \ .z ` ?( @ f{M ¢ "OSE I SUNDAY, FEBRUARY 20, 2011 SE NialniNerald.corn I THE MIAMI IMMIX Sunnmy gaitd 415 �h4.6W'efliving space 3 vmde;1ran4 >tai -11 mmbte Doors, 4xone AC,I.Mn'o(.ehlwace, pooh gSrage,dork $1,d95,000 ynaye..zeed 11.359,x00 1110 Capri Serve Updrod raonoryLm Wdl n Dart, 42a6Monmrrbte Street Saplfaknvd lf>.S.w4 Alwi.,y Sits,NeywlWgrlry ymge,rwmin poul.ticn,000 ..00dLme,biekWw BaaBO,ppdmv,yed tplp,000. COCONUTGROVE- RITZ CARLTONRESIDENCES Eyry Lnoafo(I,m,rymlhN nundng rfts.aihA'mrbav �lea*.denlwgrbri< wry ivvv,00x CON0. GABLES CONDO -.55 Mmid, Way, #514 Bewd4dl(ISmSrf (bz.Xmnyrantlawdh wr,M1edbdrary and t le, inset, tre9.,se Cecilia Samaja "y •�a' 1 Estate Agent 1 (' MOBILE) 305.343.8443 EMAIL I csamaj.S Onesothe6ysrealtycom T CITY OF SOlfT6t MIAMI COURTESY NOTICE NOTICE 19 HEREDY Sham Rod the Eby Commieeker of the City of South Miami, Florida wla Contest PON. Hearings at Its regular MY Commission meeting scheduled for _ d Y'Mardr 1 20tL begbnldg at ]:SO p.m. , in the City Oommisslon Chambers, 6130 Sunset Drive, to consider the Mce ing Ilem(S): An Ordinance amending Pte Land Development Code in order to set Mal) that the Piannmg are Zoning Director is file responsible City Adminbabalor to make tine] Mierprelausns of regulations contained in the Land Development Code and establishing an appeal, pM edi by amentling Section 20 -1.9 enOtled 4riterpreteEW. An Ordinance amending The Land Development Coda to place in one article 90 anent regulations pertaining to historic presentation by mending Section 20 -61 (D)(T)l -) enMi¢p Nision, Preservation eased Eslablahment and beemberainp" In order To require that one member be a Tleensed atiomey; and by creating new Adele XL "Historic Pmartwal'ion Regulations° Ind.-,, Section 0-11.1 to be engtcd "Historic Preservation Slareame "; ,Section 20 -11.2 to be emitted "Designatlon of Historic Sloes'; Section 20- 11.310 be wabed "Historic Designalipn Reports "; Seedon 20-11,,4 to be entitled "Da loglbl) of designated after, demolition by neglect and ceillllcales of aPPropriatereco °; Section 2 0-11.6 to be enliikd "Special Provisions, Appueade to Designated Hietmc Sires" and making revisions to Update current wording and to modify certain proasions rotated to the demolition delay Spend; and delofalg from the Land Development Code regrdalions pertaining to 1cSoad magreanon including Sections 20 -4:9, 20.4,11, 20.6.17, 20- 5.10.20 -5,19. An Ordinance amending the Land D Nuag, Mort Code Sector, 20- B9(S)(1) enhiled "Special exceptions" in order to reduce the time limit for cro m oSIN and completing a development S(0)ASt which has been granted a Spada] exception in a Transit Oriented 'Devebpmohl Datrot (TODD), An Ordinance aLIDoriring the City Manager to finance up 10 sip (6) new peace vehicles for an amount not Id exceed $165,W). and accepting The Interest tale of 2.44% theme) SUUTlual Bank charging Debt Service- Principal Account No. 001,1910-621 7110 and Debt SS Aa.�Intermd Account No. 001.1910,521 .72 1 D, A Fe dlo..0horling (he City Manager to execute an agreement with the company Ocaquago,' Inc., also known as OCagUrgoS Swim School II, the top ranked respondent toy the Murray Park Community Pool Operator Request for proposals (EPP) No. SM -FN 201015, Ib provide consulting services as pad of the DRYS Murray Park Community Pool DeelgNRUiid Team and to pmAde operations management Rereader the fariity'S construction, Incentives of all costs and requiring no annual fee from the City, for the contract's initial able, (3) Year term and its two (2) one (1) year oPTiom to renew for a total let. of five (5) Years. FA Resolution of the Mayo(and Cty,Commisclon of the City of South 1Aiam6 Norida,j welexiaulg IRS,Ehy Manager to an agreement with the contrarian firm providing debt collection aweless for a peroentage 0 the Mincpal amount owad to tit City end coliecl"ing said fee as a percentage of The outstanding principal. This agreement shat he for the duration of an Initial thee (3) year period wwdth two t2! one (1) year option to renew parims fw a possible total term of 1IJe (5) years, and providing an eflac6ve dale, J A Retention of did Mayor and City Commission of the City of South Mlamir Florida SWhoTWUa the City Manager to enter Into a contract with LaRue Planning and bledgament Services, Inc. far be purposes of proAdirg consultant services To the Planning and Zoning Department to assist in the prepazalbn of the 2012 Comprentetw a Nan Evaluation and Appmisvt RepoM1.(EAR) 41111, amount of $30,000 total for FY 2070 -2011 and FY 2011- 2012; The telethon of picture le a resat of a competllbely s,uled Request for Proposal Formal funding for The contract shall come imm the Planning and Zoning Depadumme Account N, U01 -t G20- 524 -3450 (Gardreetua] Services); and providing an eifeause date, for Turliwr fofmombon, please contact the C'dy Chunk's Office at (305) 663 -6340. ALL interested parties are Invited to attend and wet be heard. - Main td. Menendez, CMC City Clerk ' Pursuant to Florida Siatuios 286.0105, the City hereby advises the public that V. person daclda5 to appeal any decision made by This Board, Agency or Commission wish respect To any maIrS considered at As Ma,kg orbs a big, he or she well need a record of the plecaed1m35, and that tar such purpose, affected nelson may need to ensure fall a ve"Her reeved of the prose ahmid is Made. jhdb record Includes the festmony and evidence Mon which the appeal is to he based,