R12-123E
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RESOLUTION NO. R12 -123
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
APPROVING THE "PIGGY - BACKING" OF A CITY
OF LAKELAND CONTRACT ISSUED FROM RFP
#1202 WITH PENN CREDIT CORPORATION, FOR
COLLECTION SERVICES ON DELINQUENT
UTILITY AND MISCELLANEOUS RECEIVABLE
ACCOUNTS; AUTHORIZING THE MAYOR AND
CITY CLERK TO EXECUTE AN AGREEMENT FOR
UTILITY COLLECTION SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, City staff has confirmed that the City of Lakeland has complied with
Public Contract Bid requirements which equal or exceed the City of Boynton Beach's
requirements; and
WHEREAS, upon recommendation of staff, it is the City's desire to "piggy- back"
a City of Lakeland Contract issued from RFP #1202 and authorizes the Mayor and City
Clerk to sign an Agreement for Utility Collection Services with Penn Credit Corporation
for collection services on delinquent utility and miscellaneous receivable accounts.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Resolution upon
adoption.
Section 2. The City Commission of the City of Boynton Beach, Florida, hereby
approves the "piggy- backing" of a City of Lakeland Contract issued from RFP #1202 and
authorizes the Mayor and City Clerk to sign an Agreement for Utility Collection Services
Document in Windows Internet Explorer
I
1 with Penn Credit Corporation for collection services on delinquent utility and
2 miscellaneous receivable accounts, a copy of the Agreement is attached hereto as Exhibit
Section 3 That this Resolution shall become effective immediately.
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ATTEST:
i )t M. Prainito, MMC
amity Clerk
311
PASSED AND ADOPTED this 18 day of December, 2012.
CITY O
omm o e op
Commission eve olzman
Com Toner ,%
Document in Windows Internet Explorer
M
AGREEMENT FOR UTILITY COLLECTION SERVICES
ay o -r4,2012 by and between PENN
This Agreement is made as of this d f
CREDIT CORPORATION, a Pennsylvania Corporation authorized to do business in the State of
Florida, with offices at 916 S. 14 Street, Harrisburg, PA 17104, ("PENN"), and THE CITY OF
BOYNTON BEACH, a Florida municipal corporation, with an address at 100 East Boynton
Beach Boulevard, Boynton Beach, FL 33435 (the "City"),
DID) I
WHEREAS, The City of Boynton Beach currently utilizes Penn Credit via an
Agreement with the City of Greenacres which expired on November 3, 2012; and
WHEREAS, the City of Lakeland advertised RFP No. 1202 and the initial term of their
Agreement was October 17, 2011 thru October 16, 2012, with automatic renewals each year
unless either party notifies the other in writing 60 days prior to the annual expiration date; and
WHEREAS, PENN, submitted a proposal dated October 24, 2012 to the City to provide
collection services on delinquent utility and miscellaneous receivable accounts at a commission
rate of 16% for first placement accounts and 24% for second placement accounts based on City
of Lakeland Contract issued from RFP #1202; and
NOW THEREFORE, in consideration of the mutual covenants contained herein, and
for other valuable consideration received, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Section 1. The foregoing recitals are true and correct and are hereby incorporated in
this Agreement.
Section 2. The City and PENN agree that PENN shall provide collection services on
delinquent utility and miscellaneous receivable accounts at a commission rate of 16% for first
placement accounts and 24 for second placement accounts based on City of Lakeland Contract
issued from RFP #1202, a copy of which Contract is attached hereto as Exhibit "A", except as
hereinafter provided:
A. All references to the City of Lakeland shall be deemed as references to the City of
Boynton Beach.
B. All Notices to the City shall be sent to:
City: Lori LaVerriere, City Manager
City of Boynton Beach
100 East Boynton Beach Boulevard
Boynton Beach, Florida 33435
Telephone: (561) 742-6010 / Facsimile: (561) 742-6090
Page 1
SACMAGMTSTiggyback (Lakeland - Penn Credit).doc
C. VENUE: Venue for any litigation will be Palm Beach County, Florida, in the
Circuit Court of the Fifteenth Judicial Circuit.
D. The e-mail proposal fro in PENN dated October 24, 2012, is attached hereto
Exhibit "B".
Section 3. In the event that the City of Lakeland Contract is amended, or terminated,
PENN shall notify the City within ten (10) days. In the event the City • Lakeland Contract is
amended or terminated prior to its expiration, this Contract shall remain in full force and effect,
and not be deemed amended or terminated, until specifically amended or terminated by the
parties hereto.
Section 4. PENN agrees that in the event it enters into a Contract for the same (or
substantially similar) scope of services with another local government in Florida which contains
a term or condition, including fees, charges or costs, which the City determines to be more
favorable than the terms in this Contract, the parties shall enter into an Addendum to provide
those terms to the City.
Section 5. The insurance required shall require that the Certificate of Insurance name
the City of Boynton Beach as an additional insured.
Section 6. In all other aspects, the terms and conditions of the City of Lakeland
Contract are hereby ratified and shall remain in full force and effect under this Contract, as
provided by their terms,
IN WITNESS • THE FOREGOING, the parties have set their hands and seals the
day and year first written above.
By:
Mayor — Wdod L. Hay
Page 2
SACMAGNITSTiggyback (Lakeland- Penn Credit).doc
WITNESSES:
S:\CA\AGMTS\Piggyback (Lakeland - Penn Credit).doc
Page 3
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Page 4
S: \CA \AGMTS\Piggyback (Lakeland - Penn Credit).doc
Ml- M UM
a VAW-J-ti a 2 1 m am i r q M!n r;,
VENUE
This Agreement Is made and shall be interpreted, construed, governed, and enforced in accordance with the
laws of the State of Florida, without Mards to such state's choice of law provisions that may dictate that the
law of another state shall prevail. Venue for any litigation will be in Polk County, Florida, or under the United
States District Court In and for the Middle District of Florida, Tampa Division.
M. INSURANCE AND INDEMNIFICATION
1. The Collector agrees to maintain in force during the term of this Agreement, at its own expense, the
insurance as set forth in Attachment"I" which is hereby made part of this Agreement.
7- The Collector agrees to comply with the Indemnification agreement as set forth In Attachment '2" which is
hereby made part of this agreement.
S. SEVERABILITY
In the event any portion or part of this Agreement IS deemed to be invalid, Illegal. against public policy, void,
or otherwise unenforceable by a court of law, the validity and enforceability of the remaining parts shall
otherwise be fully enforeable.
Boons§PoIAM
listing of the Creditors Safety Standards is included in Attachment3," which Is hereby made part of this
agreement.
V TERMITERMINATION OF AGREEMENT. This contract is for a period of one (1) year, and will autornaticaily
renew itself each year thereafter unless either party notifies the other in writing at least sixty (80 days prior to the
expiration of said agreement. Erther party may, by giving thirty (30) days prior written notice to the other, terminate
this Agreement In whole or in part at any time, with or without cause,
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written
CITY 0 ELAND, RIJDA�
PENN C IT ATION
By: 0
r na
GOWBF]nDS,Ma7or A Dona T ldC.n nagh
2
KELLY KO�S City Clerk
Dala,-ID — I •
Address of Principal Business Office:
501 E. Lemon Street
Lakeland, FL 33801-2086
Its:
Date: 1
Address: 918 South 10 Street
Bi Address:
501 E. Lemon Street
Lakeland, FL 33801-2066
4 0 4.
MM • X
Address of Principal Business Office:
501 E. Lemon Street
Lakeland, FL 33801-2086
Its:
Date: 1
Address: 918 South 10 Street
Bi Address:
501 E. Lemon Street
Lakeland, FL 33801-2066
New Collections Customer Setup
Customer: Citv of Lakeland
Physical Address: 501 E Lemon Street
Lakeland, FL 33801 -2066
Mailing Address: 501 E Lemon Street
Lakeland. FL 33801 -2066
Penn Credit Rep: Donald C. Donaaher. Jr.
Client Type: Utill Rental Medical Other
Software Vendor: Version:
Commission Rate 16% First Placement Accounts
A • r
Placement Type (please circle): Primary Secondary Tertiary
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Type(s) of Accounts to be Referred: (Please circle all that apply)
Electric Hospital
Gas Doctors Office
Cable Clinic
Residential Telephone
Wireless Telephone
Commercial Telephone
Internet
Water
Rental Property
Other.
Web Collections: Yes / No
Acknowledge New Business: Yes / No
* ,: + _ ,
Aut-vWTE,
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M! R
If you will be uploading collections file via the website, please list users who will be uploading
the files.
Password Expiration (please circle one): I" log in 90 Days Never
Name: Deborah Morand
Name: Steohanie Floss
Name:
Customer Contacts:
Administrative Contact:
Contact PH #: 863- 834 -1343
Contact PH#: 863 -834 -1338
Contact PH #:
(Contact for High Level Issues)
C Receive Billing
X Receive Acknowledgement
0 Receive Monthly Production Report
(Must have valid email address)
Secondary Administrative Contact:
(Contact for daily issues)
X Receive Billing
X Receive Acknowledgement
X Receive Monthly Production Report
(Must have valid email address)
Technical Contact:
(Responsible for Sending Accounts)
0 Receive Billing
D Receive Acknowledgement
❑ Receive Monthly Production Report
Name: Amanda Wisham
Title: Revenue Manaaer
PH: 863- 834 -1227
FX: 86,3- (334-1413
Email: amanda.wisham at&.lakelandelectric.com
Name: Deborah Morand
Title: Credit Manaaement Team Lead
PH: 863 -834 -1343
FX: 863 -834 -1413
Email: deborah.morand(Miakelandelectric.com
Name: Steohanie Floss
Title: Account Clerk VI
PH: 863 -834 -1338
FX: 863 -834 -1413
Email: steohani e.flo lake]andelectric.com
Name: Vickie Bovte
Title: Com outerAo Ip ica tion Snecialist
PH: 863- 834 -6331
FX: 863 -834 -1413
Email: Vickie. bovteftakelandefectric.com
Page
Fromm/ Donagher, Rhett ---------'
Sent: Wednesday, October 24.20121(lO1 AM
Cc: Templin, Brett; Mennell, Philip; Foley, Tom; Latshaw, David
Subject Penn Credit Corporation - Debt Collection Provider
HI Ms. Alibrandi,
Penn Credit permits the City of Boynton Beach, FIL to utilize Penn r
T: 800-800-3328 X,3003
M: 561-371-2937
F: 717-238-0901
E: RfretLDgaggJgjjW�IM-