File #: 11-544    Name:
Type: Minutes Status: Passed
File created: 5/17/2011 In control: Board of Supervisors
On agenda: 5/17/2011 Final action: 5/17/2011
Title: a. Approve and authorize a Participating Agreement, in the amount of $450,000, between the Monterey County a. Approve and authorize a Participating Agreement, in the amount of $450,000, between the Monterey County
Attachments: 1. Completed Board Order, 2. Fully Executed Agreement with Gila Corp. DBA Municipal Services Bureau (MSB) A-11988 Res.# 11-143

 

 

 

 

 

 

 

 

 

 

COMPLETED BOARD ORDER"�|E�D�32

Before the Board of Supervisors in and for the

County of Monterey, State of California

Resolution No. 11-143; Agreement No. A-11988

a. Approve and authorize a Participating Agreement, in the amount of

$450,000, between the Monterey County Treasurer-Tax Collector and

Gila Corporation, dba Municipal Services Bureau MSB), which

specifies collection services to be performed under the terms of the

Judicial Council of California and the Administrative Office of the

Court AOC) negotiated Master Agreement No. MA-200906 for FY

2011-12;

b. Authorize the Contracts/Purchasing Officer to sign the Participating

Agreement; and

c. Authorize the Contracts/Purchasing Officer to extend the Agreement

for up to two one year contract extensions with MSB where the

Amendments do not exceed ten percent of the Agreement amount or

significantly change the scope of work

Upon motion of Supervisor Potter, seconded by Supervisor Salinas, and carried by those

members present, the Board hereby;

a. Approved and authorized a Participating Agreement, in the amount of $450,000,

between the Monterey County Treasurer-Tax Collector and Gila Corporation, dba

Municipal Services Bureau MSB), which specifies collection services to be

performed under the terms of the Judicial Council of California and the

Administrative Office of the Court AOC) negotiated Master Agreement No.

MA-200906 for FY 2011-12;

b. Authorized the Contracts/Purchasing Officer to sign the Participating Agreement; and

c. Authorized the Contracts/Purchasing Officer to extend the Agreement for up to

two one year contract extensions with MSB where the Amendments do not

exceed ten percent of the Agreement amount or significantly change the scope of

work.

PASSED AND ADOPTED on this 17th day of May, 2011, by the following vote, to wit:

AYES: Supervisors Armenta, Calcagno, Salinas, Parker, and Potter

NOES: None

ABSENT: None

I, Gail T. Borkowski, Clerk of the Board of Supervisors of the County of Monterey, State of California, hereby

certify that the foregoing is a true copy of an original order of said Board of Supervisors duly made and entered

in the minutes thereof of Minute Book 75 for the meeting on May 17, 2011.

Dated: May 17, 2011 Gail T. Borkowski, Clerk of the Board of Supervisors

County of Monterey, State of California

By

 

 

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COMPLETED BOARD ORDER"�|E�D�MONTEREY COUNTY BOARD OF SUPERVISORS

MEETING: May 17, 2011   Consent AGENDA NO.:  32

SUBJECT:

a) Approve and authorize a Participating Agreement, in the amount of $450,000, between the

Monterey County Treasurer-Tax Collector and Gila Corporation, dba Municipal Services

Bureau MSB), which specifies collection services to be performed under the terms of the

Judicial Council of California and the Administrative Office of the Court AOC) negotiated

Master Agreement No. MA-200906 for FY 2011-12.

b) Authorize the Contracts/Purchasing Officer to sign the Participating Agreement.

c) Authorize the Contracts/Purchasing Officer to extend the Agreement for up to two one year

contract extensions with MSB where the Amendments do not exceed ten percent of the

Agreement amount or significantly change the scope of work.

DEPARTMENT: Treasurer-Tax Collector

RECOMMENDATION:

a) Approve and authorize a Participating Agreement, in the amount of $450,000, between the

Monterey County Treasurer-Tax Collector and Gila Corporation, dba Municipal Services

Bureau MSB), which specifies collection services to be performed under the terms of the

Judicial Council of California and the Administrative Office of the Court AOC) negotiated

Master Agreement No. MA-200906 for FY 2011-12.

b) Authorize the Contracts/Purchasing Officer to sign the Participating Agreement.

c) Authorize the Contracts/Purchasing Officer to extend the Agreement for up to two one year

contract extensions with MSB where the Amendments do not exceed ten percent of the

Agreement amount or significantly change the scope of work.

SUMMARYIDISCUSSION:

The Monterey County Treasurer-Tax Collector's Revenue Division collects delinquent court

ordered debt and subsequently recovers the cost of collections per Penal Code 1463.007. To be

eligible for cost recovery, participating agencies must meet 10 of 17 requirements. The

Treasurer-Tax Collector's Revenue Division currently meets 12 of the 17 requirements and

would like to engage a third party collection agency to enhance compliance and assist with the

recovery of court ordered debt. The State Administrative Office of the Courts AOC) circulated

an RFP to solicit potential vendors to perform these types of service. A master agreement was

then offered to several vendors, and several Counties have already entered into agreements with

vendors in their jurisdictions pursuant to the Participating Agreement" attached thereto. The

County Treasurer-Tax Collector conducted its own competitive vendor interview process with

the successful candidates of the AOC process and concluded that the services provided by MSB

best suited the needs of the County, and is now recommending Board approval to proceed with

the Participating Agreement for tertiary collection services with MSB.

Pursuant to Section 4.1 of the AOC Master Agreement No. MA-200906, the term of the

agreement was in full force from February 2009 until February 2011. The Master Agreement

allows renewals for up to three additional successive one year periods. The AOC subsequently

has executed a Master Agreement Amendment with MSB extending the contract term for the

first of the three one year extensions, to February 4th 2012. Additionally, the AOC has the ability

to extend the Master Agreement with MSB for two successive additional one year periods.

 

 

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COMPLETED BOARD ORDER"�|E�D�Ongoing renewals of the County's Participating Agreement will be dependent on MSB's contract

status with the AOC.

OTHER AGENCY INVOLVEMENT:

The Judicial Council of California and the Administrative Office of the Court AOC) negotiated

master agreements with several tertiary collection agencies after a statewide Request for

Prcposal RFP). MSB was among the agencies selected by the Judicial Council and AOC to

provide such services to courts, counties and other municipalities in California.

The Participating Agreement and the AOC Master Contract have been reviewed and approved by

County Counsel as to form and by Risk Management for insurance provisions.

FINANCING:

The Participating Agreement in the amount of $450,000 will fund services during the period July

1, 2011 through June 30, 2012.

MSB service fees are based on revenue collected and vary depending on the age of the

delinquent account. The Treasurer-Tax Collector estimates that $1,840,000 in revenues will be

collected by MSB during the period of July 1, 2011 through June 30, 2012. Based on this

projection, the rate of commission 21%) associated with estimated collections is $386,400. The

fiscal impact to the County's General fund is estimated to be $19,320. The Treasurer-Tax

Collector has anticipated this expense and it has been included in the Department's 2011-12

requested budget.

Prepared by:

Meryl Bryant

Finance Manager II

May 5, 2011

755-5143

Approved by:

Mary eeb

Treasurer Tax Colllctor

May 5211

Attachments:

AOC Master Agreement No. MA-200906 Attachment 1) is on file with the Clerk to the Board.

AOC Master Agreement Amendment MA-200906 #001 with Gila Corporation, dba Municipal

Services Bureau MSB) Attachment IA)

Participating Agreement with Gila Corporation, dba Municipal Services Bureau MSB)

Attachment 2)

CC: CAO, Auditor, County Counsel

 

 

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FULLY EXECUTED AGREEMENT WITH�R�Attachment #2

Master Agreement No. MA-200906

with Gila Corporation, dba Municipal Services Bureau MSB)

EXHIBIT C

PARTICIPATING AGREEMENT

COUNTY OF MONTEREY TREASURER-TAX COLLECTOR

THIS PARTICIPATING AGREEMENT Agreement"), is made and entered into as of

this first day of May 2011, by and between the COUNTY OF MONTEREY

TREASURER-TAX COLLECTOR County"), whose office is located at 168 West Alisal

Street, 1s` Floor, Salinas, CA 93901, and Gila Corporation, dba MUNICIPAL SERVICES

BUREAU MSB), with offices at 6505 Airport Blvd., Suite 100, Austin, Texas 78752

Contractor").

WHEREAS, Contractor and the Judicial Council of California, Administrative Office of the

Courts, on behalf of the superior courts and counties of the State of California, are

parties to that Master Agreement No. MA-200906 Master Agreement") for collections

services dated February 4, 2009;

WHEREAS, the Master Agreement sets forth the terms and conditions upon which

Contractor will provide collections services to the superior courts, counties, and certain

other designated entities in the State of California, should any such party desire to

engage Contractor for such services;

WHEREAS, County pursues non-forthwith collection efforts on court ordered debt

established by the Monterey County Superior Court for unpaid fees, fines, forfeitures,

penalties and assessments arising from criminal and traffic actions or proceedings;

WHEREAS, County desires to engage Contractor to perform collection services

Services") in accordance with the Master Agreement on selected accounts established

by the County and not fully paid 30 or more days from the date of their assessment or

imposition, or on which an installment payment is not fully paid within 30 days or more of

the date such payment was due under an installment payment plan Accounts").

AGREEMENT

NOW, THEREFORE, the parties agree as follows

1. Participation of County/Employment of Contractor. County engages Contractor to

perform additional collection services on Accounts transferred to Contractor by County

according to Schedule A hereto, excepting Sections 1.2 On Site Personnel and 1.3 FTB

Transfer Services. Contractor will provide such services to County, on the same terms

and conditions and as if such services were provided by Contractor under the Master

Agreement, except where specifically stated herein. Terms defined in the Master

Agreement will have the same meaning when used herein.

2. Scope of Services. Accounts transferred to Contractor for collection services under

this Agreement will qualify for Services.

Page 01 of C5

 

 

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FULLY EXECUTED AGREEMENT WITH�R�Master Agreement No. MA-200906 with Gila Corporation, dba Municipal Services

Bureau MSB)

a. Collection Services. Contractor will perform collections activities on the Accounts

transferred to it as set forth in Exhibit A, Statement of Work, of the Master Agreement.

3. Contacts. Each of the County and the Contractor will appoint a Project Manager, who

will be authorized to make day-to-day decisions related to the implementation of this

Agreement that do not substantially limit rights or expand the responsibilities of the

County or the Contractor, subject to paragraph 12 below. The respective Project

Managers and their contact information is as follows:

County Project Manager Contractor Project Manager

Name: Meryl Bryant Name: James Perasso

Title: Finance Manager Title: V.P. Business Engineering

Address: 168 West Alisal St., 1 St Floor Address: 320 Rio Grande Place

Salinas, CA 93901 San Ramon, CA 94582

Phone: 831-755-5143 Phone: 925-968-1414

E-mail: bryantm@co.monterey.ca.us E-mail:james.perasso@gilacorp.com

4. Payment and Pricing Structure. Contractor shall remit to the County weekly all

revenue collected on behalf of the County, less Commission Fees charged for collection

services under this Agreement in accordance with the Master Agreement Exhibit B Fee

Schedule. Commission Fees shall be calculated each period on the total funds collected

during that period on all Accounts transferred to Contractor under this Agreement A

detailed account payment data file shall also be transmitted to the County with each

remittance reflecting 100% of the payments collected from each Debtor for that period,

the amount of the Commission Fees retained by MSB and the net balance remitted to

the County. This process will mirror the FTB COD process that is currently in place at

the County.

5. On-site personnel. Contractor is not required to perform services under this

Agreement on-site at County locations at this time.

6. Reporting Requirements. Notwithstanding the required reports and schedule of

reports set forth in Exhibit A, Statement of Work, of the Master Agreement, the parties

hereto agree that Contractor will provide reports weekly, monthly, quarterly and/or

annually as deemed necessary by the County. Contractor will provide additional reports

to the County upon request.

Page C2 of C5

 

 

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SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

FULLY EXECUTED AGREEMENT WITH�R�Master Agreement No. MA-200906

with Gila Corporation, dba Municipal Services Bureau MSB)

7 Term. The respective duties and obligations of the parties hereto shall commence on

the date first written above. This agreement shall continue in full force and effect for two

2) years. The County in its sole discretion may renew the agreement for up to three 3)

additional successive one 1) year periods in accordance with Section 4 of the Master

Agreement, unless the options to extend are not renewed by the AOC or the Master

Agreement is earlier terminated. Notwithstanding the foregoing, ether party may

terminate all or any of the services under this Agreement by giving ninety 90) days

written notice to the other party. In addition, this Agreement is expressly conditioned

upon the ability of the County under currently applicable California state law and policy to

pay Contractor for services hereunder from revenue collected by Contractor on the

Accounts. If any applicable law or policy is amended or enacted such that the revenue

under this Agreement may not be applied to County's obligations under this Agreement,

the County may, by written notice, terminate this Agreement on the effective date of such

amended or enacted law or policy.

8. Credit Reporting. Contractor will be able to report outstanding receivables on behalf of

the County to the three nationally available credit history reporting databases credit

bureaus). There will be no additional fee for this service.

9. Independent Contractor. Contractor is, for all purposes, an independent contractor and

shall not be deemed an employee of the County.

a. The Contractor specifically acknowledges that it controls the manner and means by

which the product is accomplished, agrees to hold itself out as an independent

contractor, and waives any rights to claim that it is an employee of the County under the

common law agency test, the economic realities test, or any other legal test.

b. It is expressly understood and agreed that the Contractor shall in no event, as a result

of this contract or any work performed under this contract, be entitled to any benefits to

which County employees are entitled, including but not limited to overtime or other pay

differentials, retirement benefits, social security benefits, disability insurance benefits,

unemployment compensation or insurance, workers' compensation benefits, and injury,

vacation, sick, or other leave or employment benefits. The Contractor expressly agrees

that all legal recourse for performance and severance of the relationship between it and

the County is set forth in this Agreement, and not in any statutes or case law relating to

rights of employees.

c. The Contractor agrees to notify its own employees that they are not employees of the

County and are not entitled to any benefits to which County employees are entitled, as

set forth above. The Contractor furthermore agrees to indemnify, defend and hold

harmless the County, its judges, subordinate judicial officers, officers and employees,

from any such claims made by employees of the Contractor.

Page C3 of C5

 

 

BIB]

 

40696-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

GILA-U02

CORP.-U02

DBA-U02

MUNICIPAL-U02

SERVICES-U02

BUREAU-U02

MSB)-U02

A-11988-U02

RES.#-U02

11-143-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99754-U03

AS99780-U03

AS99784-U03

AI101828-U03

DO102680-U03

C1-U03

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DOCUMENTS-U03

6/2/2011-U04

BOYDA-U04

16492-U05

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AUTHORIZE-U07

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AMOUNT-U07

OF-U07

$450,000,-U07

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COUNTY-U07

117-TREASURER/TAX-U08

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JANBAY-U09

SHADYA-U09

JANBAYS-U10

5/6/2011-U011

TREASURER-TAX-U012

COLLECTOR-U012

GILA-U012

CORPORATION,-U012

DBA-U012

MUNICIPAL-U012

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OF-U012

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AOC)-U012

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MASTER-U012

AGREEMENT-U012

NO.-U012

MA-200906-U012

FY-U012

2011-12;-U012

B.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

SIGN-U012

THE-U012

PARTICIPATING-U012

AGREEMENT;-U012

C.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

EXTEND-U012

THE-U012

AGREEMENT-U012

UP-U012

TO-U012

TWO-U012

ONE-U012

YEAR-U012

CONTRACT-U012

EXTENSIONS-U012

MSB-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

OF-U012

THE-U012

AGREEMENT-U012

AMOUNT-U012

OR-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

FULLY EXECUTED AGREEMENT WITH�R�Master Agreement No. MA-200906

with Gila Corporation, dba Municipal Services Bureau MSB)

10. Indemnification. Contractor shall indemnify and save harmless County and its

respective judges, subordinate judicial officers, officers, agents and employees from and

against any and all loss, damage, injury, liability, and claims thereof for injury to or death

of a person, including employees of Contractor or loss of or damage to property,

resulting directly or indirectly from Contractor's performance of this Agreement,

including, but not limited to, the use of Contractor's facilities or equipment provided by

County or others, regardless of the negligence of, and regardless of whether liability

without fault is imposed or sought to be imposed on County, except to the extent that

such indemnity is void or otherwise unenforceable under applicable law in effect on or

validly retroactive to the date of this Agreement and except where such loss, damage,

injury, liability or claim is the result of the active negligence or willful misconduct of

County and is not contributed to by any act of, or by any omission to perform some duty

imposed by law or agreement on Contractor, its subcontractors or either's agent or

employee.

11. Entire Agreement. This Agreement and the incorporated documents constitute the

entire understanding between the parties and supersede any and all prior

understandings and agreements, oral or written, relating to the subject matter of this

Agreement. Each party acknowledges that no representations, inducements, promises,

or agreements, oral or otherwise, have been made by any party, or anyone acting on

behalf of any party, which are not included in this Agreement, and no other agreement,

statement, or promise not contained in this Agreement shall be valid or binding.

12. Amendment. No alteration or amendment to the terms of this Agreement shall be

valid unless it is made in writing and is signed by the parties, and no oral understanding

or agreement shall be binding on the parties.

13. Assignment. Inasmuch as this Agreement is intended to secure the specialized

services of Contractor, Contractor may not assign, transfer, delegate or sublet any

interest herein without the prior written consent of County.

14. Governing Law. This Agreement will be construed under the laws of the state of

California, without regard to its conflict of law provisions.

15. Waiver. Any waiver by either party of a breach of any of the terms of this Agreement

will not be construed as a waiver of any succeeding breach of the same or other term of

this Agreement.

16. Further Assurances. Each party hereto agrees to cooperate with the other, and to

execute and deliver, or cause to be executed and delivered, all such other instruments

and documents, and to take all such other actions as may be reasonably requested of it

from time to time to effectuate the provisions and purposes of this Agreement.

17 Severability. If any part of this Agreement is held unenforceable, all other parts

remain enforceable.

18. Time. Time is of the essence in the performance of services under this Agreement.

19. Counterparts. This Agreement may be executed in counterparts, each of which is

considered an original.

Page C4 of C5

 

 

BIB]

 

40696-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

GILA-U02

CORP.-U02

DBA-U02

MUNICIPAL-U02

SERVICES-U02

BUREAU-U02

MSB)-U02

A-11988-U02

RES.#-U02

11-143-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99754-U03

AS99780-U03

AS99784-U03

AI101828-U03

DO102680-U03

C1-U03

GENERAL-U03

DOCUMENTS-U03

6/2/2011-U04

BOYDA-U04

16492-U05

5-U06

A.-U07

APPROVE-U07

AUTHORIZE-U07

A-U07

PARTICIPATING-U07

AGREEMENT,-U07

IN-U07

THE-U07

AMOUNT-U07

OF-U07

$450,000,-U07

BETWEEN-U07

THE-U07

MONTEREY-U07

COUNTY-U07

117-TREASURER/TAX-U08

COLLECTOR-U08

JANBAY-U09

SHADYA-U09

JANBAYS-U10

5/6/2011-U011

TREASURER-TAX-U012

COLLECTOR-U012

GILA-U012

CORPORATION,-U012

DBA-U012

MUNICIPAL-U012

SERVICES-U012

BUREAU-U012

MSB),-U012

SPECIFIES-U012

COLLECTION-U012

SERVICES-U012

TO-U012

BE-U012

PERFORMED-U012

UNDER-U012

THE-U012

TERMS-U012

OF-U012

THE-U012

JUDICIAL-U012

COUNCIL-U012

OF-U012

CALIFORNIA-U012

THE-U012

ADMINISTRATIVE-U012

OFFICE-U012

OF-U012

THE-U012

COURT-U012

AOC)-U012

NEGOTIATED-U012

MASTER-U012

AGREEMENT-U012

NO.-U012

MA-200906-U012

FY-U012

2011-12;-U012

B.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

SIGN-U012

THE-U012

PARTICIPATING-U012

AGREEMENT;-U012

C.-U012

AUTHORIZE-U012

THE-U012

CONTRACTS/PURCHASING-U012

OFFICER-U012

TO-U012

EXTEND-U012

THE-U012

AGREEMENT-U012

UP-U012

TO-U012

TWO-U012

ONE-U012

YEAR-U012

CONTRACT-U012

EXTENSIONS-U012

MSB-U012

THE-U012

AMENDMENTS-U012

DO-U012

EXCEED-U012

TEN-U012

PERCENT-U012

OF-U012

THE-U012

AGREEMENT-U012

AMOUNT-U012

OR-U012

SIGNIFICANTLY-U012

CHANGE-U012

THE-U012

SCOPE-U012

OF-U012

WORK.-U012

 

 

FULLY EXECUTED AGREEMENT WITH�R�Master Agreement No. MA-200906

with Gila Corporation, dba Municipal Services Bureau MSB)

IN WITNESS WHEREOF, the parties have caused this Agreement to be

executed on the day and year first above written.

OF MON`

JER-TAX

COUNTY OF MONTEREY

APPROVED AS TO FORM

orpori tion,

dba Municipal Services Bureau MSB)

Page C5 of C5

E TLR

 

 

BIB]

 

40696-U01

FULLY-U02

EXECUTED-U02

AGREEMENT-U02

GILA-U02

CORP.-U02

DBA-U02

MUNICIPAL-U02

SERVICES-U02

BUREAU-U02

MSB)-U02

A-11988-U02

RES.#-U02

11-143-U02

LI21329-U03

FO96183-U03

FO96184-U03

FO99716-U03

MG99754-U03

AS99780-U03

AS99784-U03

AI101828-U03

DO102680-U03

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