Resolution No. 2013-026CONTRACTOR: C Ax lJ a —2 \!V ek"cm-9,
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CONTRACT IS: ❑ FEDERAL ❑ PREVAILING WAGE X COMPETIVE SELECTION & NOTICED RFP
❑ COMPETITIVE & NOTICED LOW BID
TOTAL CONTRACT VALUE: $ Charge Acet. No(s)
S.Y.
Amendment Value $ o Contract is an Amendment to Contract No. (if Applicable)
RESPONSIBLE DEPARTMENT PERSON: SAVIELYZ UAL a=•z PHONE: X
AUTHORIZATION: )(Approved by Council on 2— S t 3
(Check One) Resolution No.CO -•"L (if applicable)
❑ Approved by City Administrator on
Note: Attach supporting documentation
❑Amendment Approved by (if applicable)
ROUTING SEQUENCE: (Please Follow In Order — Do not use N/A) Initials Date
(1) Responsible Department Person
Checks substance of contract and assembles two (2) copies of
Contract, required AA, insurance & bond documents, certifies compliance
With Competitive Bidding and Purchasing Ordinance
(2) Liability and Claims
Approves insurance and sureties, if bonds required a/a1113
(3) Finance (Purchasing) j
Checks compliance with Competitive Bidding & Living Wage Ordinances 2,- 7 I J
And reflected in current budget )7 1
(4) City Attorney
Approves contract as to form, verifies bonds and insurance included
q ?
(5) City Signatory
Signs all copies on behalf of City
(6) City Clerk
Attests signatures, numbers, files contract, insurance, and bonds and
returns duplicate original to responsible department for transmittal to contractor
Rev. 02113
OFFICE OF THE CITY CLERK
4305 Santa Fe Avenue, Vernon, California 90058
Telephone (323) 583-8811
February 28, 2013
Greg A. Cohen, President
Caine & Weiner Company, Inc.
21210 Erwin Street
Woodland Hills, CA 91367
Re: Services Agreement for the Collection of Past Due Receivables
Dear Mr. Cohen:
The insurance requirements have been met. Transmitted herewith is a fully executed original
agreement, as referenced. above, approved by City Council on February 5, 2013, through
Resolution No. 2013-26.
If you have any questions regarding this matter, please call Mr. Carlos Fandino at 323/583-8811
ext. 834.
Very truly yours,
A4 1�
J w ti
orah R. Juarez
Records Management Assistant
Enclosure
c: Carlos Fandino
William Fox
Teresa McAllister
Purchasing Department
Resolution No. 2013-26
Agreement File No. 13-010
Exclusively Industrial
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CAINE & WEINER
COMPANY, INC. FOR COLLECTION OF PAST DUE RECEIVABLES
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
Caine & Weiner
Greg A. Cohen, President
Caine & Weiner
21210 Erwin Street
Woodland Hills, CA 91367
Attention: Greg A. Cohen
Phone: (818) 251-1701
Facsimile. (818) 251-1751
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: Carlos Fandino,
Director of Light & Power
Telephone: (323) 583-8811 ext. 834
Facsimile: (323) 826-1408
February 5, 2013
February 5, 2016
20% of all monies recovered, as more
particularly described in Exhibit C
Three (3) years, pursuant to Section 9.19
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND CAINE & WEINER
COMPANY, INC. FOR COLLECTION OF PAST DUE RECEIVABLES
THIS Contract is made between the City of Vernon ("City"), a California charter City and
California municipal corporation ("City"), and Caine & Weiner Company, Inc., a California
corporation ("Contractor").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on
February 5, 2013.
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform all work necessary to complete the services set
forth in the Request for Proposals dated September, 2012, Exhibit "A", and Contractor's
proposal to the City ("Proposal') dated November 16, 2012, Exhibit "B", both of which are
attached to and incorporated into this Contract, by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then prevailing
in the debt collection profession.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
3.3 All of the services required hereunder will be performed by Contractor or
by City -approved subcontractors. Contractor, and all personnel engaged in the work, shall be
fully qualified and authorized or permitted under State and local law to perform such services
and shall be subject to approval by the City.
4.0 TERM. The term of this Contract shall commence on February 5, 2013, and it
shall continue until February 5, 2016, unless terminated at an earlier date pursuant to the
2 - December 2012
provisions thereof.
5.0 COMPENSATION AND FEES.
5.1 Contractor has established rates for the City of Vernon which are
comparable to and do not exceed the best rates offered to other governmental entities in and
around Los Angeles County for the same services. For satisfactory and timely performance of
the services, the City will pay Contractor in accordance with the payment schedule set forth in
Exhibit "C".
5.2 Contractor shall, at its sole cost and expense, furnish all necessary and
incidental labor, material, supplies, facilities, equipment and transportation which may be
required for furnishing services pursuant to this Contract. Materials shall be of the highest
quality. The above Contract fee shall include all staff time and all clerical, administrative,
overhead, insurance, reproduction, telephone, air travel, auto rental, subsistence, and all related
costs and expenses.
6.0 PAYMENT.
6.1 Contractor shall remit to City all payments due to City based upon
collections services provided on accounts assigned to Contractor and at the rates set forth in
the Request for Proposal, Exhibit "C", along with a full accounting, within 30 days of receipt of
each payment.
6.2 In the event that any payment is received directly by City on accounts
which have been assigned to Contractor, City shall remit all payments due to Contractor, along
with a full accounting, at the rates set forth in Contractor's response to the Request for
Proposal, Exhibit "C", within 30 days of receipt of each payment.
6.3 City will pay Contractor for all direct payments within thirty (30) days after
the City approves the invoice.
6.4 Contractor understands and agrees that invoices which lack sufficient
detail to measure performance will be returned and not processed for payment.
6.5 Payment of such invoices shall be payment in full for all services,
- 3 - December 2012
authorized costs and authorized extra work covered by that invoice.
7.0 CHANGE ORDERS. There is no change order authority provided in this
Contract.
8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may be
reasonably necessary for Contractor to perform its services; and will give any required decisions -
as promptly as practicable so as to avoid unreasonable delay in the progress of Contractor's
services.
9.0 GENERAL TERMS AND CONDITIONS.
9.1 INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services herein
provided for, Contractor shall be, and is, an independent contractor, and is not an agent or
employee of City and shall furnish such services in its own manner and method except as
required by this Contract. Further, Contractor has and shall retain the right to exercise full
control over the employment, direction, compensation and discharge of all persons employed by
Contractor in the performance of the services hereunder. Contractor shall be solely responsible
for, and shall indemnify, defend and save City harmless from all matters relating to the payment
of its employees, including compliance with social security, withholding and all other wages,
salaries, benefits, taxes, exactions, and regulations of any nature whatsoever.
9.1.2 Contractor acknowledges that Contractor and any subcontractors,
agents or employees employed by Contractor shall not, under any circumstances, be
considered employees of the City, and that they shall not be entitled to any of the benefits or
rights afforded employees of City, including, but not limited to, sick leave, vacation leave,
holiday pay, Public Employees Retirement System benefits, or health, life, dental, long-term
disability or workers' compensation insurance benefits.
9.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied, to act
on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
- 4 - December 2012
9.3 OWNERSHIP OF WORK. All reports, drawings, plans, specifications,
computer tapes, floppy disks and printouts, studies, memoranda, computation sheets and other
documents prepared by Contractor in furtherance of the work shall be the sole property of City
and shall be delivered to City whenever requested. Contractor shall keep such documents and
materials on file and available for audit by the City for at least three (3) years after completion or
earlier termination of this Contract. Contractor may make duplicate copies of such materials
and documents for its own files or for such other purposes as may be authorized in writing by
the City.
9.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work, without
additional cost to the City. The performance or acceptance of services fumished by Contractor
shall not relieve the Contractor from the obligation to correct subsequently discovered defects,
inaccuracy or incompleteness.
9.5 WAIVER. The City's waiver of any term, condition, breach or default of
this Contract shall not be considered to be a waiver of any other term, condition, default or
breach, nor of a subsequent breach of the one waived.
9.6 SUCCESSORS. This Contract shall inure to the benefit of, and shall be
binding upon, the parties hereto and their respective heirs, successors and/or assigns.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this Contract
or any rights hereunder without the prior written consent of the City and approval by the City
Attorney, which may be withheld in the City's sole discretion. Any unauthorized assignment or
transfer shall be null and void and shall constitute a material breach by the Contractor of its
obligations under this Contract. No assignment shall release the original parties or otherwise
constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all Federal,
State, County and City laws, ordinances, rules and regulations, which are, as amended from
time to time, incorporated herein and applicable to the performance hereof, including but without
- 5- December 2012
limitation, the Vernon Living Wage Ordinance. Violation of any law material to performance of
this Contract shall entitle the City to terminate the Contract and otherwise pursue its remedies.
9.9 ATTORNEY'S FEES. If any action at law or in equity is brought to
enforce or interpret the terms of this Contract, the prevailing party shall be entitled to reasonable
attorney's fees, costs and necessary disbursements in addition to any other relief to which such
party may be entitled.
9.10 INTERPRETATION.
9.10.1 Applicable Law. This Contract, and the rights and duties of
the parties hereunder (both procedural and substantive), shall be governed by and construed
according to the laws of the State of California.
9.10.2 Entire Agreement. This Contract, including any exhibits
attached hereto, constitutes the entire agreement and understanding between the parties
regarding its subject matter and supersedes all prior or contemporaneous negotiations,
representations, understandings, correspondence, documentation and agreements (written or
oral).
9.10.3 . Written Amendment. This Contract may only be changed
by written amendment signed by Contractor and the City Administrator or other authorized
representative of the City, subject to any requisite authorization by the City Council.. Any oral
representations or modifications concerning this Contract shall be of no force or effect.
9.10.4 Severability. If any provision in this Contract is held by any
court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such portion shall be
deemed severed from this Contract, and the remaining provisions shall nevertheless
continue in full force and effect as fully as though such invalid, illegal, or unenforceable portion
had never been part of this Contract.
9.10.5 Order of Precedence. In case of conflict between the
terms of this Contract and the terms contained in any document attached as an Exhibit or
otherwise incorporated by reference, the terms of this Contract shall strictly prevail. The terms
- 6 - - December 2012
of the City's Request for Proposals shall control over the Contractor's Proposal.
9.10.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of California, is entered into
and/or is to be performed in the City of Vernon and that all claims or controversies arising out of
or related to performance under this Contract shall be submitted to and resolved in a forum
within the County of Los Angeles at a place to be determined by the rules of the forum.
9.10.7 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.11 TIME OF ESSENCE. Time is strictly of the essence of this contract and
each and every covenant, term and provision hereof.
9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby represents
and warrants to the City that the Contractor has the right, power, legal capacity and authority to
enter into and perform its obligations under this Contract, and its execution of this Contract has
been duly authorized.
9.13 ARBITRATION OF DISPUTES. Any dispute for under $25,000
arising out of or relating to the negotiation, construction, performance, non-performance,
breach or any other aspect of this Contract, shall be settled by binding arbitration in accordance
with the Commercial Rules of the American Arbitration Association at Los Angeles, California
and judgment upon the award rendered by the Arbitrators may be entered in any court having
jurisdiction thereof. The City does not waive its right to object to the timeliness or sufficiency of
any claim filed or required to be filed against the City and reserves the right to conduct full
discovery.
9.14 INDEMNITY.
9.14.1 Contractor agrees to indemnify, hold harmless.and
defend (even if the allegations are false, fraudulent or groundless), to the maximum extent
permitted by law, the City, its City Council and each member thereof, and its officers,
employees, commission members and representatives, from any and all liability, loss, suits,
7 - December 2012
claims, damages, costs, judgments and expenses (including attorney's fees and costs of
litigation) which in whole or in part result from, or arise out of, or are claimed to result from or to
arise out of:
A. any activity on or use of City's premises or
facilities or any performance under this Contract; or
B. any acts, errors or omissions (including, without
limitation, professional negligence) of Contractor, its employees, representatives,
subcontractors, or agents in connection with the performance of this Contract.
9,14.2 This agreement to indemnify includes, but is not limited to,
personal injury (including death at any time) and property or other damage (including, but
without limitation, contract or tort or patent, copyright, trade secret or trademark infringement)
sustained by any person or persons (including, but not limited to, companies, or corporations,
Contractor and its employees or agents, and members of the general public). The sole
negligence or willful misconduct of City, its employees or agents other than Contractor or
Contractor's subcontractors are excluded from this indemnity agreement.
9.15 INSURANCE. Contractor shall, at its own expense, procure and maintain
policies of insurance of the types and in the amounts set forth below, for the duration of the
Contract, including any extensions thereto. The policies shall state that they afford primary
coverage.
9.15.1 Automobile Liability with minimum limits of at least
$100,000/300,000/50,000 if written on a personal automobile liability form, for using a personal
vehicle; or an amount of $500,000 including owned, hired, and non -owned liability coverage if
written on a Commercial automobile liability form.
9.15.2 General Liability with minimum limits of at least $1.000,000
combined single limits written on an Insurance Services Office (ISO) Comprehensive General
Liability "occurrence" form or its equivalent for coverage on an occurrence basis.
- 8 - December 2012
Premises/Operations and Personal Injury coverage is required. The City of Vernon, its
directors, commissioners, officers, employees, agents and volunteers must be endorsed on the
policy as additional insureds as respects liability arising out of the Contractor's performance of
this Contract.
A. If Contractor employs other contractors as part of the
services rendered, Contractor's Protective Coverage is required. Contractor may include all
subcontractors as insureds under its own policy or shall furnish separate insurance for each
subcontractor, meeting the requirements set forth herein.
is applicable.
B. Blanket Contractual Coverage if required.
C. Products/Completed Operations coverage where such risk
9.15.3 Contractor shall comply with the applicable sections
of the California Labor Code concerning workers' compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
A. Provide copy of permissive self-insurance certificate
approved by the State of California; or
Secure and maintain in force a policy of workers'
compensation insurance with statutory limits and Employer's Liability Insurance with a minimal
limit of $1,000,000 per accident. The policy shall be endorsed to waive all rights of subrogation
against City, its City Council, commissioners, officers, employees, and volunteers for losses
arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no employees
subject to the Labor Code's Workers' Compensation provision will be used in performance of
this Contract.
9.15.4 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior written
notice to City.
- 9 December 2012
of no less than B:VIII.
9.15.5 Insurance shall be placed with insurers with a Best's rating
9.15.6 Prior to commencement of performance, Contractor shall.
furnish City with a certificate of insurance for each policy. Each certificate is to be signed by a
person authorized by that insurer to bind coverage on its behalf. The certificate(s) must be in a
form approved by City. City may require complete, certified copies of any or all policies at any
time.
9.15.7 Failure to maintain required insurance at all times shall
constitute a default and material breach. In such event, Contractor shall immediately notify City
and cease all performance under this Contract until further directed by the City. In the absence
of satisfactory insurance coverage, City may, at its option: (a) procure insurance with collection
rights for premiums, attorney's fees and costs against Contractor by way of set-off or
recoupment from sums due Contractor, at City's option; (b) immediately terminate this Contract;
or (c) self insure the risk, with all damages and costs incurred, by judgment, settlement or
otherwise, including attorney's fees and costs, being collectible from Contractor, by way of set-
off or recoupment from any sums due Contractor.
9.16 NOTICES. Any notice or demand to be given by one party to the other
be given in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department is not
adequate notice.
If to the City:
City, of Vernon
Attention: Carlos Fandino, Director of Light & Power
4305 Santa Fe Avenue
Vernon, CA 90058
If to the Contractor:
Caine & Weiner
Attention: Greg A. Cohen
21210 Erwin Street
Woodland Hills, CA 91367
- 10 - December 2012
Any such notice shall be deemed to have been given upon delivery, if personally
delivered, or, if mailed, upon receipt or upon expiration of three (3) business days from the date
of posting, whichever is earlier. Either party may change the address at which it desires to
receive notice upon giving written notice of such request to the other party.
9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause, upon
fifteen (15) calendar days' written notice to Contractor. If the Contract is thus terminated by City
for reasons other than Contractor's failure to perform its obligations, City shall pay. Contractor a
prorated amount based on the services satisfactorily completed and accepted prior to the
effective date of termination. Such payment shall be Contractor's exclusive remedy for
termination without cause.
9.18 DEFAULT. In the event either party materially defaults in its obligations
hereunder, the other party may declare a default and terminate this Contract by written notice to
the defaulting party. The notice shall specify the basis for the default. The Contract shall
terminate unless such default is cured before the effective date of termination stated in such
notice, which date shall be no sooner than ten (10) days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability or
responsibility under this Contract, including the payment of money, except for payment for
services satisfactorily and timely performed prior to the service of the notice of termination, and
except for reimbursement of (1) any payments made by the City for service not subsequently
performed in a timely and satisfactory manner, and (2) costs incurred by the City in obtaining
substitute performance.
9.19 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have access
to and the right to audit and reproduce any of the Contractor's records to the extent the City
deems necessary to insure it is receiving all money to which it is entitled under the Contract
and/or is paying only the amounts to which Contractor is properly entitled under the Contract or
- 11 - December 2012
for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a period
of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon. If
not, the Contractor shall, upon request, promptly deliver the records to the City of Vernon or
reimburse the City for all reasonable and extra costs incurred in conducting the audit at a
location other than the City of Vernon, including, but not limited to, such additional (out of the
City) expenses for personnel, salaries, private auditors, travel, lodging, meals and overhead.
9.20 CONFLICT. Contractor hereby represents, warrants and certifies that no
member, officer or employee of the Contractor is a director, officer or employee of the City of
Vernon, or a member of any of its boards, commissions or committees, except to the extent
permitted by law.
9.21 ENFORCEMENT OF WAGE AND HOUR LAWS. Eight hours labor
constitutes a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
dollars ($25) for each worker employed in the execution of this Agreement by the respective
Contractor or subcontractor for each calendar day during which the worker is required or
permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar
week in violation of the provisions of Sections 1810 through 1815 of the California Labor Code
as a penalty paid to the City; provided, however, work performed by employees of contractors in
excess of 8 hours per day, and 40 hours during any one week, shall be permitted upon
compensation for all hours worked in excess of 8 hours per day at not less than 1'/2 times the
basic rate of pay.
9.22 LIVING WAGES. Contractor, or Subcontractor, if any, working on City
service contracts of any amount, as to all employees spending time on City contracts shall
observe the City's Living Wage Ordinance and all requirements thereof at all times on City
contracts. The Current Living Wage Standards are set forth in Exhibit "D". Upon request,
certified payroll shall be provided to the City.
- 12 - December 2012
9.23 EQUAL EMPLOYMENT OPPORTUNITY PRACTICES. Contractor
certifies and represents that, during the performance of this Contract, it and any other parties
with whom it may subcontract shall adhere to equal employment opportunity practices to assure
that applicants, employees and recipients of service are treated equally and are not
discriminated against because of their race, religion, color, national origin, ancestry, disability,
sex, age, medical condition, sexual orientation or marital status. Contractor further certifies that
it will not maintain any segregated facilities. Contractor further agrees to comply with The Equal
Employment Opportunity Practices provisions as set forth in Exhibit "E".
[Signatures Begin on Next Page].
- 13 - December 2012
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the date stated
in the introductory clause.
City of Vernon, a California charter City
and California municipal corporation
c
William Davis, Mayor
APPROV D S TO FORM:
til0111
Nichola eorge Rodriguez,
City Attorney
Caine & Weiner Company, Inc., a California
corporation
By:
Name: J�i�i. �, `►��L';,�
Title: 'S�7ynbsrV'kL- P fe5. cAa„f - G 4oj2/'vk Cz,r^a
0
Name:
Title:
-14-
December 2012
EXHIBIT A
EXHIBIT A
REQUEST FOR PROPOSALS
December 2012
City of Vernon
Request for Proposals (RFP)
For the Function of
Collection of Past Due Receivables
o F vE
EVE Y
City of Vernon
City Administrator's Office
4305 Santa Fe Avenue, Vernon Ca 90058
Phone: (323) 583-8811
September 2012
I. INTRODUCTION AND PROJECT
The City of Vernon (City) is currently seeking Proposals from qualified business entities
for the function of Collection of Past Due Receivables ("Collections").
The City will select a business entity which demonstrates proven capabilities of serving
in handling collections. The proposers must should reflect a knowledge of current "best
practices" in Collections, have demonstrated history of success in similar Collections,
provide a proposed scope of work, and a proposed fee schedule, for an initial one-year
period of rendering services with two renewal options of one year, in the sole discretion
of the City Administrator.
II. BACKGROUND
The City of Vernon was founded in 1905, is approximately 5.2 square miles in size and is
located approximately 5 miles southeast of downtown Los Angeles. California. Over its
long history Vernon has been developed as an industrial community. At the turn of the
20'h century the lands that make up Vernon were comprised largely of farmlands. The
presence of three major rail lines in the area led influential business men and property
owners to encourage the railroad companies to run spur lines onto the farmlands. These
rail extensions enabled the creation of an "exclusively industrial" city. By the 1920's
Vernon was attracting large stockyards and meatpacking facilities. In the 1930's Vernon
became the location of choice for many heavy industrial plants. As economic conditions
changed over the decades, these large scale industrial operations have relocated out of
Southern. California and Vernon has attracted smaller, lighter industrial facilities. The
City's business friendly environment, low cost utilities and key location for trucking and
rail transport continue to position Vernon as an ideal location for industrial uses.
City Government: The City Council consists of five members, elected from the City at
large, who serve five-year staggered terms. The City Council annually appoints a Mayor
and a Mayor Pro Tern from its own membership to serve one-year terms.
III. SCOPE OF SERVICES
The City of Vernon generates 122 million in revenue for electric, water, gas, business licenses, and
miscellaneous services every fiscal year. Of this total revenue, approximately $250,000 is written off to
bad debt with the average balance due per account to be around $1500.00. Over 80 percent of the bac
debt volume is generated by the City of Vernon Light & Power Department with the remainder coming
from damage property, permit fees and false alarms permits.
Each Proposal shall include a description of a fall scope of services, including at least the
following elements:
0 Manner in which the City would provide claims for collection.
• Manner in which claims would be evaluated and processed to and through any
required litigation.
• Manner in which "best practices" for collection are observed and how consumer
claims for unfair collection practices, if any, would be handled.
• Fees charged, as a percentage of successful collections as well as a specification of
the exact dollar amounts of any additional costs or charges which the City would be
required to pay.
• Manner in which records will be kept and reports will be generated for the City of all
Collections.
IV. PROPOSED FORMAT
The selected provider shall work with the City's personnel to ensure the highest level of
successful Collections.
A. Assumptions: Proposals should include a list of assumptions made in
preparation of the proposal on a separate page entitled, "Assumptions
Upon Which This Proposal is Based." This section should also
specifically set forth those documents and data which the prospective
Coordinator expects to be provided by the City.
B. Schedule: Proposals should provide a detailed schedule for the handling
of typical Collection matters to the extentreasonably possible and
foreseeable.
C. Fees and Costs: Fees charged, as a percentage of successful collections as
well as a specification of the exact dollar amounts of any additional costs
or charges which the City would be required to pay. Cost information
shall be submitted in a separate sealed envelope.
V. QUALIFICATIONS & CRITERIA
A. Qualifications: The City of Vernon will select a firm to handle
Collections on the basis of qualifications, experience, and cost. The
following are the minimum qualifications to be used to evaluate responses
to this Request for Proposal:
The proposer has advanced knowledge of the laws and practices
relating to Collections and consumer debt collection performing
the requested services.
2. The proposer has a demonstrated track record of success in
handling Collections of an equal or greater level of receivables
than that described in Section III, above.
3. Each proposer shall provide three references, preferably from
governmental entities, for relevant work performed in the past five
years. When possible, include references from cities of a similar
size and character to Vernon. If the proposer does not have three
governmental entity references, references from private entities
may be provided.
4. The proposer can demonstrate understanding of the assignment and
knowledge of the skills necessary to serve in the role of handling
Collections.
B. Selection Criteria: The following items will be used to evaluate each
proposer:
1. Qualifications, background and prior experience of the firm.
Experience of key staff assigned to oversee Collections for
Vernon. Evaluation of the size and scope of similar work
performed and success on that work.
2. Soundness of accounting and reporting procedures.
3. Cost and fees to Vernon for handling Collections. Cost is not the
sole determining factor but will be taken into consideration.
4. Responsiveness to the RFP, and quality and responsiveness of the
proposal.
5. References including past performance of proposer.
VI. FORMAT AND DELIVERY RESPONSE
Respondents are asked to submit seven (7) copies of their proposals in sufficient detail to
allow for a thorough evaluation and comparative analysis. The proposal should include,
at a minimum, the following information in sectionalized format addressing all phases of
the work in the RFP:
A. Format: Limit your proposal to 20 typed 8.5" x I I" pages, or fewer, on
white bond paper of at least 20-pound weight single sided (excluding
cover letter and attachments). You may attach company brochure
materials if you wish, but these must be as separate attachments and
independent from the required elements noted above.
1. Use a conventional typeface with a minimum font size of 12
points. Use a 1" margin on all boarders.
2. Organize your submittal in the order described above.
3. Provide one (1) unbound original of your firm's response and one
electronic version
4
4. Prominently label the package: "RFP for the Function of
Collection of Past Due Receivables" and include the name of the
prime respondent.
Deliver the response to:
City of Vernon
Attention: Javier Valdez, Business & Account Supervisor
Finance Department
4305 Santa Fe Avenue
Vernon, CA 90058
5. Responses are due on or before 5:00 p.m., on October 29, 2012.
Late responses will not be accepted.
6. If you have any questions please contact Anthony Serrano at (323)
583-8811 Extension 202
B. Cover Letter: All proposals shall include a cover letter which states that
the proposal shall remain valid for a period of not less than ninety (90)
days from the date of submittal. If the proposal contemplates the use of
sub -contractors, the sub -contractors shall be identified in the cover letter.
If the proposal is submitted by a business entity, the cover letter shall be
signed by an officer authorized to contractually bind the business entity.
With respect to the business entity, the cover letter shall also include: the
identification of the business entity, including the name, address and
telephone number of the business entity; and the name, title, address and
telephone number of a contact person during the proposal evaluation
period.
C. Introduction: Present an introduction of the proposal and your
understanding of the assignment and significant steps, methods and
procedures to be employed by the proposer to ensure quality deliverables
that can be delivered within the required time frames and your identified
budget.
D. General Scope of Work: Briefly summarize the scope of work as the
proposer perceives or envisions it.
E. Work Plan: Present concepts for conducting the work plan and
interrelationship of all products. Define the scope of each task including
the depth and scope of analysis or research proposed.
F. Specific Work Products: Identify the specific end products that will be
submitted. Include concepts as to the form and content of each work
product.
E
G. Proposed Schedule: Present a comprehensive schedule reflecting time
frames and milestones for completing each phase and task. Include key
decision points, interviews, workshops and Public Hearings
H. Fees and costs: Although an important aspect of consideration, the
financial cost estimate will not be the sole justification for consideration.
Negotiations may or may not be conducted with the proposer; therefore,
the proposal submitted should contain the proposer's most favorable terms
and conditions, since selection and award may be made without discussion
with, any firm. All prices should reflect "not to exceed" amounts per item.
I. Ability of the Proposer to Perform: Provide a detailed description of the
proposer and his/her/its qualifications, including names, titles, detailed
professional resumes and past experience in similar work efforts/products
of key personnel who will be working on the assignment. Provide a list of
specific related work projects that have been completed by the proposer
which are directly related to the assignment described in this RFP. Note
the specific individuals who completed such project(s), Identify role and
responsibility of each member of the project team. Include the amount of
time key personnel will be involved in the respective portions of the
assignment. Respondents are encouraged to supply relevant examples of
their professional product. Provide a list.of references.
The Coordinator shall not subcontract any work under the RFP nor assign
any work without the prior written consent of the City.
J.Affidavit of Non -Collusion. Proposer must submit a completed and
signed, "Affidavit of Non -Collusion." (Copy attached as Fxhibit A).
VIL ADDENDA, CHANGES, AND AMENDMENTS TO THIS SOLICITATION
At any time prior to the due date for responses, the City may make changes, amendments,
and addenda to this solicitation, including changing the date due to allow respondents
time to address such changes. Addenda, changes, and amendments, if made, will be
posted on the City's website (www.cityofvemon.org), which is deemed adequate notice.
A proposer may make a request to the City's project coordinator to be placed on a list of
persons to receive notice of any such addenda, changes, or. amendments. The preferred
manner of communications is via e-mail due to its timeliness.
VIII. CONDITIONS FOR RESPONSES TO RFP
The following conditions apply to this RFP process:
A. Nothing contained in this RFP shall create any contractual relationship
between the respondent and the City.
B. This RFP does not obligate the City to establish a list of service providers
qualified as prime contractors, or award a contract to any respondent. The
City reserves the right to amend or cancel this RFP without prior notice, at
any time, at its sole discretion.
C. The City shall not be liable for any expenses incurred by any individual or
organization in connection with this RFP.
D. No conversations or agreements with any officer, agent, or employee of
the City shall affect or modify any terms of this RFP. Oral
communications. or any written/e-mail materials provided by any person
other than designated contact staff of City shall not be considered binding.
E. The City reserves the right, in its sole discretion, to accept or reject any or
all Proposals without prior notice and to waive any minor irregularities or
defects in a Proposal. The City reserves the right to seek clarification on a
Proposal with any source.
F. The dates, times, and sequence of events related to this RFP shall
ultimately be determined by the City. The schedule shown above is
subject to change, at the sole discretion of the City, although the City will
attempt to follow it and, if it must be altered, will attempt to provide
reasonable notice of the changes.
G. Respondents shall not issue any news release pertaining to this RFP, or the
City without prior written approval of the City.
H. All submitted proposals and information included therein or attached
thereto shall become public record upon delivery to the City
Administrator's Office.
IX. RIGHT BY THE CITY TO WITHDRAW THIS REQUEST
The City may, at its sole discretion and for any reason whatsoever, withdraw this
solicitation at any time.
X. STANDARD TERMS AND CONDITIONS.
Prior to the award of any work hereunder, City and proposer shall enter into the written
contract attached hereto as Exhibit B. Proposers responding to this RFP are strongly
advised to review all the terms and conditions of the Contract.
7
EXHIBIT A
AFFIDAVIT OF NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) as
COUNTY OF LOS ANGELES )
being first duly sworn deposes
and says that he/she is
(Insert "Sole Owner", "Partner", "President, "Secretary", or other proper title)
(insert name of bidder)
who submits herewith to the City of Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation;
That such proposal is genuine and not collusive or sham;
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the City of Vernon, or of any other bidder or
anyone else interested in the proposed contract; and further
That prior to the public opening and reading of proposals, said bidder:
a. Did not directly or indirectly, induce or solicit anyone else to submit a false or sham proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else that said
bidder or anyone else would submit a false or sham proposal, or that anyone should refrain from
bidding or withdraw his proposal;
C. Did not, in any manner, directly or indirectly seek by agreement, communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or fix
any overhead, profit or cost element of his proposal price, or of that of anyone else;
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof, or the
contents thereof, or divulge information or data relative thereto, to any corporation, partnership,
company, association, organization, bid depository, or to any member or agent thereof, or to any
individual or group of individuals, except the City of Vernon, or to any person or persons who
have a partnership or other financial interest with said bidder in his business.
I certify under penalty of perjury that the above information is correct
0
EXHIBIT B
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
Contractor:
Responsible Principal of Contractor:
Notice Information - Contractor:
Notice Information - City:
Commencement Date:
Termination Date:
Consideration:
Records Retention Period
COVER PAGE
[insert name of contractor]
[insert name, title]
[insert name of contractor]
[insert street address]
[insert city, state, zip code]
Attention: [insert name, title]
Phone: [insert phone number]
Facsimile: [insert fax number]
City of Vernon
4305 Santa Fe Avenue
Vernon, CA 90058
Attention: [insert department head]
[insert department head title]
Telephone: (323) 583-8811 ext. [insert]
Facsimile: [insert fax number]
[insert commencement date]
[insert termination date]
Total not to exceed $[insert amount]
(includes all applicable sales tax); and
more particularly described in Exhibit B
[insert number of years contractor must
retain records]
September 2012
SERVICES AGREEMENT BETWEEN THE CITY OF VERNON AND
[CONTRACTOR'S NAME] FOR [BRIEF DESCRIPTION OF SERVICES]
THIS Contract is made between the City of Vernon ("City"), a California charter
City and California municipal corporation ("City"), and [Contractor's Name], a [State
incorporated in] corporation ("Contractor").
The City and Contractor agree as follows:
1.0 EMPLOYMENT OF CONTRACTOR. City agrees to engage Contractor to
perform the services as hereinafter set forth as authorized by the City Council on
2.0 SCOPE OF SERVICES.
2.1 Contractor shall perform.all work necessary to complete the
services set forth in the Request for Proposals dated , Exhibit "A," and
Contractor's proposal to the City ("Proposal") dated Exhibit "B," and
according to an agreed upon Schedule, Exhibit "C," all of which are attached to and
incorporated into this Contract by reference.
2.2 All services shall be performed to the satisfaction of City.
2.3 All services shall be performed according to the standards then
prevailing in the [state] profession.
3.0 PERSONNEL.
3.1 Contractor represents that it employs, or will employ, at its own
expense, all personnel required to perform the services under this Contract.
3.2 Contractor shall not subcontract any services to be performed by it
under this Contract without prior written approval of City.
2 gAntAmhPr 9M9
3.3 All of the services required hereunder will be performed by
Contractor or by City -approved subcontractors. Contractor, and all personnel engaged
in the work, shall be fully qualified and authorized or permitted under State and local law
to perform such services and shall be subject to approval by the City.
4.0 TERM.
4.1 The term of this Contract is for a period of three years,
commencing with its signing and continuing to and through [state date].
5.0 COMPENSATION AND FEES.
5.1 For satisfactory and timely performance of the services, the City will
pay Contractor an amount not to exceed
in
accordance with the payment schedule set forth in Exhibit "C",.and subject to the terms
and conditions of Exhibit "A".
5.2 Contractor's grand total compensation for the entire term of this
Contract shall not exceed [state amount] without the prior authorization of the City
Council.
5.3 Contractor shall, at its sole cost and expense, furnish all necessary
and incidental labor, material, supplies, facilities, equipment and transportation which
may be required for furnishing services pursuant to this Contract. Materials shall be of
the highest quality. The above Contract fee shall include all staff time and all clerical,
administrative, overhead, insurance, reproduction, telephone, air travel, auto rental,
subsistence, and all related expenses.
6.0 PAYMENT.
6.1 As scheduled services are completed, Contractor shall submit to
3 September 2012
the City an invoice for the services completed, authorized expenses, and authorized
extra work actually performed or incurred according to said schedule.
6.2 Each such invoice shall state the basis for the amount invoiced,
including the services completed, the number of hours spent, reimbursable expenses
incurred and any extra work performed.
6.3 Contractor shall also submit a progress report with each invoice
that describes in reasonable detail the services and the extra work, if any, performed in
the immediately preceding calendar month.
6.4 City will pay Contractor the amount invoiced within thirty (30) days
after the City approves the invoice.
6.5 Payment of such invoices shall be payment in full for all services,
authorized costs and authorized extra work covered by that invoice.
7.0 CHANGE ORDERS. There is no change order authority provided in this
Contract.
8.0 CITY'S RESPONSIBILITY. City shall cooperate with Contractor as may
be reasonably necessary for Contractor to perform its services; and will give any
required decisions as promptly as practicable so as to avoid unreasonable delay in the
progress of Contractor's services.
9.0 GENERAL TERMS AND CONDITIONS.
9.1 INDEPENDENT CONTRACTOR.
9.1.1 It is understood that in the performance of the services
herein provided for, Contractor shall be, and is, an independent contractor, and is not an
agent or employee of City and shall furnish such services in its own manner and method
4 September 2012
except as required by this Contract. Further, Contractor has and shall retain the right to
exercise full control over the employment, direction, compensation and discharge of all
persons employed by Contractor in the performance of the services hereunder.
Contractor shall be solely responsible for, and shall indemnify, defend and save City
harmless from all matters relating to the payment of its employees, including
compliance with social security, withholding and all other wages, salaries, benefits,
taxes, exactions, and regulations of any nature whatsoever.
9.1.2 Contractor acknowledges that Contractor and any
subcontractors, agents or employees employed by Contractor shall not, under any
circumstances, be considered employees of the City, and that they shall not be entitled
to any of the benefits or rights afforded employees of City, including, but not limited to,
sick leave, vacation leave, holiday pay, Public Employees Retirement System benefits,
or health, life, dental, long-term disability or workers' compensation insurance benefits.
9.2 CONTRACTOR NOT AGENT. Except as the City may authorize
in writing, Contractor and its subcontractors shall have no authority, express or implied,
to act on behalf of or bind the City in any capacity whatsoever as agents or otherwise.
9.3 OWNERSHIP OF WORK. All reports, drawings, plans,
specifications, computer tapes, floppy disks and printouts, studies, memoranda,
computation sheets and other documents prepared by Contractor in furtherance of, the
work shall be the sole property of City and shall be delivered to City whenever
requested. Contractor shall keep such documents and materials on file and available
for audit by the City for at least three (3) years after completion or earlier termination of
this Contract. Contractor may make duplicate copies of such materials and documents
5. September 2012
for its own files or for such other purposes as may be authorized in. writing by the City.
9.4 CORRECTION OF WORK. Contractor shall promptly correct any
defective, inaccurate or incomplete tasks, deliverables, goods, services and other work,
without additional cost to the City. The performance or acceptance of services
furnished by Contractor shall not relieve the Contractor from the obligation to correct
subsequently discovered defects, inaccuracy or incompleteness.
9.5 WAIVER. The City's waiver of any term, condition, breach or
default of this Contract shall not be considered to be a waiver of any other term,
condition, default or breach, nor of a subsequent breach of the one waived.
9.6 . SUCCESSORS. This Contract shall inure to the benefit of, and
shall be binding upon, the parties hereto and their respective heirs, successors and/or
assigns.
9.7 NO ASSIGNMENT. Contractor shall not assign or transfer this
Contract or any rights hereunder without the prior written consent of the City and
approval by the City Attorney, which may be withheld in the City's sole discretion. Any
unauthorized assignment or transfer shall be null and void and shall constitute a
material breach by the Contractor of its obligations under this Contract. No assignment
shall release the original parties or otherwise constitute a novation.
9.8 COMPLIANCE WITH LAWS. Contractor shall comply with all
Federal, State, County and City laws, ordinances, rules and regulations, which are, as
amended from time to time, incorporated herein and applicable to the performance
hereof, including but without limitation, the Vernon Living Wage Ordinance. Violation of
any law material to performance of this Contract shall entitle the City to terminate the
6 September 2012
Contract and otherwise pursue its remedies.
9.9 ATTORNEY'S FEES. If any action at law or in equity is
brought to enforce or interpret the terms of this Contract, the prevailing party shall be
entitled to reasonable attorney's fees, costs and necessary disbursements in addition to
any other relief to which such party may be entitled.
9.10 INTERPRETATION.
9.10.1 Applicable Law. This Contract, and the rights and
duties of the parties hereunder (both procedural and substantive), shall be governed by
and construed according to the laws of the State of California.
9.10.2 Entire Agreement. This Contract, including any
exhibits attached hereto, constitutes the entire agreement and understanding between
the parties regarding its subject matter and supersedes all prior or contemporaneous
negotiations, representations, understandings, correspondence, documentation and
agreements (written or oral).
9.10.3 Written Amendment. This Contract may only be
changed by written amendment signed by Contractor and the City Administrator or other
authorized representative of the City, subject to any requisite.authorization by the City
Council. Any oral representations or modifications concerning this Contract shall be of
no force or effect.
9.10.4 Severability. If any provision in this Contract is held
by any court of competent jurisdiction to be invalid, illegal, void, or unenforceable, such
portion shall be deemed severed from this Contract, and the remaining provisions, shall
nevertheless continue in full force and effect as fully as though such invalid, illegal, or
7 September 2012
unenforceable portion had never been part of this Contract.
9.10.5 Order of Precedence. In case of conflict between
the terms of this Contract and the terms contained in any document attached as an
Exhibit or otherwise incorporated by reference, the terms of this Contract shall strictly
prevail.
9.10.6 Choice of Forum. The parties hereby agree that this
Contract is to be enforced in accordance with the laws of the State of California, is
entered into and/or is to be performed in the City of Vernon and that all claims or
controversies arising out of or related to performance under this Contract shall be
submitted to and resolved in a forum within the County of Los Angeles at a place to be
determined by the rules of the forum.
9.10.7 Duplicate Originals. There shall be two (2) fully signed
copies of this Contract, each of which shall be deemed an original.
9.11 TIME OF ESSENCE. Time is strictly of the essence of this
contract and each and every covenant, term and provision hereof.
9.12 AUTHORITY OF CONTRACTOR. The Contractor hereby
represents and warrants to the City that the Contractor has the right, power, legal
capacity and authority to enter into and perform its obligations under this Contract, and
its execution of this Contract has been duly authorized.
9.13 ARBITRATION OF DISPUTES. Any dispute for under
$25,000 arising out of or relating to the negotiation, construction, performance, non-
performance, breach or any other aspect of this Contract, shall be settled by binding
arbitration in accordance with the Commercial Rules of the American Arbitration
8 September 2M
Association at Los Angeles, California and judgment upon the award rendered by the
Arbitrators may be entered in any court having jurisdiction thereof. The City does not
waive its right to object to the timeliness or sufficiency of any claim filed or required to
be filed against the City, and reserves the right to conduct full discovery.
9.14 INDEMNITY.
9.14.1 Contractor agrees to indemnify, hold harmless and
defend (even if the allegations are false, fraudulent or groundless), to the maximum
extent permitted by law, the City, its City Council and each member thereof, and its
officers, employees, commission members and representatives, from any and all
liability, loss, suits, claims, damages, costs, judgments and expenses (including
attorney's fees and costs of litigation) which in whole or in part result from, or arise out
of, or are claimed to result from or to arise out of:
A. any activity on or use of City's premises or
facilities or any performance under this Contract; or
B. any acts, errors or omissions (including, without
limitation, professional negligence) of Contractor, its employees, representatives,
subcontractors, or agents in connection with the performance of this Contract.
9.14.2 This agreement to indemnify includes, but is not
limited to, personal injury (including death at any time) and property or other damage
(including, but without limitation, contract or tort or patent, copyright, trade secret or
trademark infringement) sustained by any person or persons (including, but not limited
to, companies, or corporations, Contractor and its employees or agents, and members
of the general public). The sole negligence or willful misconduct of City, its employees
9 September 2012
or agents other than Contractor or Contractor's subcontractors are excluded from this
indemnity agreement.
9.15 INSURANCE. Contractor shall, at its own expense, procure
and maintain policies of insurance of the types and in the amounts set forth below, for
the duration of the Contract, including any extensions thereto. The policies shall state
that they afford primary coverage.
9.15.1 Automobile Liability with minimum limits of at least
$100,000/300,000150,000 if written on a personal automobile liability form, for using a
personal vehicle; or an. amount of $500,000 including owned, hired, and non -owned
liability coverage if written on a Commercial automobile liability form.
9.15.2 General Liability with minimum limits of at least
$1,000,000 combined single limits written on an Insurance Services Office (ISO)
Comprehensive General Liability "occurrence" form or its equivalent for coverage on an
occurrence basis. Premises/Operations and Personal Injury coverage is required. The
City of Vernon, its directors, commissioners, officers, employees, agents and volunteers
must be endorsed on the policy as additional insureds as respects liability arising out of
the Contractor's performance of this Contract.
A. If Contractor employs other contractors as part of the
services rendered, Contractor's Protective Coverage is required. Contractor may
include all subcontractors as insureds under its own policy or shall furnish separate
insurance for each subcontractor, meeting the requirements set forth herein.
B. Blanket Contractual Coverage if required.
10 September 2012
C. Products/Completed Operations coverage where
such risk is applicable.
9.15.3 Professional Errors and Omissions coverage in a sum
of at least $1,000,000. Applicable aggregates must be identified and claims history
provided to determine amounts remaining under the aggregate.
9.15.4 Contractor shall comply with the applicable sections
of the California Labor Code concerning workers' compensation for injuries on the job.
Compliance is accomplished in one of the following manners:
A. Provide copy of permissive self-insurance certificate
approved by the State of California; or
B. Secure and maintain in force a policy of workers'
compensation insurance with statutory limits and Employer's Liability Insurance with a
minimal limit of $1,000,000 per accident. The policy shall be endorsed to waive all
rights of subrogation against City, its City Council, commissioners, officers, employees,
and volunteers for losses arising from performance of this Contract; or
C. Provide a "waiver" form certifying that no employees
subject to the Labor Code's Workers' Compensation provision will be used in
performance of this Contract.
9.15.5 Each insurance policy included in this clause shall be
endorsed to state that coverage shall not be cancelled except after thirty (30) days' prior
written notice to City.
9.15.6 Insurance shall be placed with insurers with a Best's
rating of no less than B:VIII.
11 September 2012
9.15.7 Prior to commencement of performance, Contractor
shall furnish City with a certificate of insurance for each policy. Each certificate is to be
signed by a person authorized by that insurer to bind coverage on its behalf. The
certificate(s) must be in a form approved by City. City may require complete, certified
copies of any or all policies at any time.
9.15.8 Failure to maintain required insurance at all times
shall constitute a default and material breach. In such event, Contractor shall
immediately notify City and cease all performance under this Contract until further
directed by the City. In the absence of satisfactory insurance coverage, City may, at its
option: (a) procure insurance with collection rights for premiums, attorney's fees and
costs against Contractor by way of set-off or recoupment from sums due Contractor, at
City's option; (b) immediately terminate this Contract; or (c) self insure the risk, with all
damages and costs incurred, by judgment, settlement or otherwise, including attorney's
fees and costs, being collectible from, Contractor, by way of set-off or recoupment from
any sums due Contractor.
9.16 NOTICES.
Any notice or demand to be given by one party to the other shall be given
in writing and by personal delivery or prepaid first-class, registered or certified mail,
addressed as follows. Notice simply to the City of Vernon or any other City department
is not adequate notice.
If to the City:
12 September 2012
If to the Contractor:
Any such notice shall be deemed to have been given upon delivery, if
personally delivered, or, if mailed, upon receipt or upon expiration of three (3) business
days from the date of posting, whichever is earlier. Either party may change the
address at which it desires to receive notice upon giving written notice of such request
to the other party.
9.17 TERMINATION FOR CONVENIENCE (Without Cause). City may
terminate this Contract in whole or in part at any time, for any cause or without cause,
upon fifteen (15) calendar days' written notice to Contractor. If the Contract is thus
terminated by City for reasons other than Contractor's failure to perform its obligations,
City shall pay Contractor a prorated amount based on the services satisfactorily
completed and accepted prior to the effective date of termination. Such payment shall
be Contractor's exclusive remedy for termination without cause.
9.18 DEFAULT. In the event either party materially defaults in its
obligations hereunder, the other party may declare a default and terminate this Contract
by written notice to the defaulting party. The notice shall specify the basis for the
default. The Contract shall terminate unless such default is cured before the effective
date of termination stated in such notice, which date shall be no sooner than ten (10)
days after the date of the notice.
Termination for cause shall relieve the terminating party of further liability
or responsibility under this Contract, including the payment of money, except for
payment for services satisfactorily and timely performed prior to the service of the notice
13 September 2012
of termination, and except for reimbursement of (1) any payments made by the City for
service not subsequently performed in a timely and satisfactory manner, and (2) costs
incurred by the City in obtaining substitute performance.
9.19 MAINTENANCE AND INSPECTION OF RECORDS.
The City, or its authorized auditors or representatives, shall have
access to and the right to audit and reproduce any of the Contractor's records to the
extent the City deems necessary to insure it is receiving all money to which it is entitled
under the Contract and/or is paying only the amounts to which Contractor is properly
entitled under the Contract or for other purposes relating to the Contract.
The Contractor shall maintain and preserve all such records for a
period of at least 3 years after termination of the Contract.
The Contractor shall maintain all such records in the City of Vernon.
If not, the Contractor shall, upon request, promptly deliver the records to the City of
Vernon or reimburse the City for all reasonable and extra costs incurred in conducting
the audit at a location other than the City of Vernon, including, but not limited to, such
additional (out of the City) expenses for personnel, salaries, private auditors, travel,
lodging, meals and overhead.
9.20 CONFLICT. Contractor hereby represents, warrants and certifies
that no member, officer or employee of the Contractor is a director, officer or employee
of the City of Vernon, or a member of any of its boards, commissions or committees,
except to the extent permitted by law.
9.21 Enforcement of Wa-ge and Hour Laws. Eight hours labor constitutes
a legal day's work. The Contractor, or subcontractor, if any, shall forfeit twenty-five
14 September 2012
dollars ($25) for each worker employed in the execution of this Agreement by the
respective Contractor or subcontractor for each calendar day during which the worker is
required or permitted to work more than 8 hours in any one calendar day and 40 hours
in any one calendar week in violation of the provisions of Sections 1810 through 1815 of
the California Labor Code as a penalty paid to the City; provided, however, work
performed by employees of contractors in excess of 8 hours per day, and 40 hours
during any one week, shall be permitted upon compensation for all hours worked in
excess of 8 hours per day at not less than 1'/2 times the basic rate of pay.
Living Wages. In addition, Contractor, or Subcontractor, if any, working on
City service contracts of any amount, as to all employees spending time on City
contracts shall observe the City's Living Wage Ordinance and all requirements thereof
at all times on City contracts. The Current Living Wage Standards are set forth in
Exhibit D. Upon request, certified payroll shall be provided to the City.
15 September 2012
IN WITNESS WHEREOF, the Parties have signed this Agreement as of
the date stated in the introductory clause.
City of Vernon, a California charter City [CONTRACTOR'S NAME, a [State
and California municipal corporation incorporated in] corporation
0
Mayor / Mayor Pro-Tem
ATTEST:
Dana Reed, Acting City Clerk
APPROVED AS TO FORM:
Nicholas Rodriguez, City Attorney
0
Title:
a
Name:
Title:
16
September 2012
EXHIBIT A
SCOPE OF SERVICES
17 September 2012 .
EXHIBIT B
PROPOSAL
18 September 2012
EXHIBIT C
SCHEDULE
19 September 2012
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Living Wages:
A requirement that Employers pay qualifying employees a wage of no less than $10.30
per hour with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year
for sick leave, vacation, or personal necessity, and an additional ten days a year of
uncompensated time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with
regard to the employer's compliance with the living wage ordinance. Employees may
bring an action in Superior Court against an employer for back pay, treble damages for
willful violations, and attorney's fees, or to compel City officials to terminate the service
contract of violating employers.
20 September 2012
EXHIBIT B
PROPOSAL
December 2012
EXHIBIT B
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Table of Contents
City of Vernon Collection of Past Due Receivables Proposal
About Caine & Weiner
Mission Statement
Introduction
Strategy & Implementation
File Handling Procedure
The PIF Process
Forwarding
Litigation
Communication & Reporting
System Technology
Placing files For Collection
Debtor Payment Options
Remittance Procedure
The Law Offices of Pucin &
Collection Center Locations
Why use Caine & Weiner?
Frequently asked questions
Friedland, P.C.
Exhibits
State Licenses & Registration
Insurance & Bonding
Certification
Caine & Weiner's vital role in the U.S. economy
Global Credit Solutions
Who are some of our clients?
Is your collection agency meeting your expectations?
Web Presence/Newsletter
Attachments
1-17
2
3
4
5
7
8
9
10
11
13
14
15
16
17
18
21
Tab 1
Tab 2
Tab 3
Tab 4
Tab 5
Tab 6
Tab 7
Tab 8
Report Samples
Collection Letters
Non -Collusion Affidavit
Fee & Cost Schedule (Sealed)
Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
I. Introduction
Caine & Weiner is honored to have been invited by the City of Vernon to submit our
proposal in response to your October 25, 2012 Request for Proposal —Collections of Past
Due Receivables.
Collecting the delinquent debts outlined in your RFP is well within Caine & Weiner's
level of expertise. Caine & Weiner currently provides debt recovery activities for City of
Los Angeles, the Los Angeles Department of Water & Power, and the City of Pomona
among other municipalities.
By using our services to address the recovery of your delinquent commercial utility
accounts, city property damage, city permits and business false alarms, The City of
Vernon derives "the best of both worlds" —the resources, facilities and collection
platform of a large agency with a record of proven performance in the recovery of
municipality debt recovery, combined with the personalized service and responsiveness
of a small, local agency.
Founded in 1930 and headquartered in Los Angeles, Caine & Weiner is a solution -based
accounts receivable management enterprise that provides effective 1st and 3`d party
collection solutions to commercial (626) and consumer (132C) businesses representing
every major industry, including many Fortune 500 Companies and municipalities. We
are renowned for our collection excellence and outstanding client service, explaining in
part why some of our clients have continuously used our services for over 35 years.
Caine and Weiner has the technology and collection expertise to produce maximum
recovery results on behalf of The City of Vernon.
As the 4th oldest agency in the country, Caine & Weiner is highly regarded in the
collection industry and a founding member of the Commercial Collection Agency,
certified by the Commercial Law League of America. Our revenue is derived almost
exclusively from our collection activity, in which we've recovered over $1 billion on
behalf of our clients.
II. Assumptions upon which this proposal is based
In presenting this proposal to the City of Vernon the following assumptions have been
made:
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
• Collection activity to be performed will be primarily for commercial business entities
with approximately 20% consisting of consumer debt.
• The City of Vernon will be submitting accounts electronically in one of several
formats available incoordination with the Caine & Weiner IT team. Files submitted
for collection will be accepted in a hard copy format if required. Placements will be
submitted on at least a monthly basis.
• Files placed for collection will contain data to include the following:
* Debtor Name/Entity Details
* Address/Phone/E-mail data as available
* Contact name if possible
* City of Vernon Account/Reference number/Debt Type
* Date ranges for unpaid services/Incident dates
* Amount owed to the City
* Debt description
* Last Charge Date/Last Payment date if possible
• The City will be selecting only one agency to receive the contract award
• There is no blanket settlement authority on the files.
• The City of Vernon will designate a contact person with whom we can
communicate as needed regarding account details, status updates, backup
documentation requests, etc.
• That collection activity performed on behalf of the City of Vernon will be
performed on a contingency fee collection basis, with net monies recovered
remitted to the City either weekly or monthly per City preference
• The City must pre -approve any files authorized for litigation
• Annual placements will be approximately $250,000
III. General Scope of Work
With a proven track record of municipality debt recovery, Caine & Weiner's goal is to
generate maximum debt recovery for the City of Vernon for delinquent balances which
otherwise is written off. Your RFP states this figure is approximately $250,000
consisting mostly of bad debt generated by the Light & Power Department.
As your provider, Caine & Weiner is able to accept files via electronic or hard copy
methods including fixed length, Excel, Access and other formats as required by our
clients. Our systems are extremely flexible as it relates to the exact format for new file
placement. We can provide templates for use by our clientele prior to sending new files
if needed. Our software can easily accommodate importing the data from any source as
mentioned above. We do accept hard copy files for manual data entry. Typically, our
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
clients provide an Excel spreadsheet with all pertinent information regarding name,
address, phone, amount due, customer number, invoice numbers, last payment date,
last payment amount, date of last charge, and more. Backup documentation is not
required on each account but if provided is easily and securely scanned into the imaging
system of our collection software for collector access.
To best facilitate this process, upon award of the contract, meetings would be arranged,
either in person or via conference call, between key personnel at the City and Caine &
Weiner.
The purpose of the meetings is to determine the specific collection processes, from file
placement through payment remittance of collected funds, which would occur on the
accounts placed by the City for collection activity. These meetings would establish in
significant detail file placement methodology, collection activity time frames, settlement
parameters, communication protocols between the two organizations regarding daily
collection activity, backup documentation requests, remittance time frames and much
more. Caine & Weiner would then set up our internal systems and establish client
protocols as appropriate.
Additional key factors:
• IT testing and validation of EDI processes, including sample placement files
(if needed)
• Timely data security adjustments made as needed
• Data validation after placement of accounts
• Introductions of CW client relations team to City of Vernon personnel
• Training for your personnel on CW Connect on line access product
• Establish internal Key Performance Indicators and performance scorecards
for your A/R portfolios
• Monthly and quarterly business reviews, internal and with the City, to
include KPI tracking
• Ongoing training from City personnel on department specifics and recovery
expectations
• Scheduling of calls to discuss results, account handling, benchmarking, and
partnering to maximize recoveries for the City
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
Files are also easily placed with Caine & Weiner in a secure fashion via our CW Connect
product and its robust client file upload/download features. A secure VPN tunnel and
file transfer protocols can also be established for file placement.
The placement file is reviewed and downloaded into CUBS, our Columbia Ultimate
Business Systems Collection software. Immediately upon placement, an
acknowledgment is sent to the client to confirm the number and dollar amounts of the
placement. An initial demand letter is concurrently sent to the debtor that meets all
FDCPA and FCRA requirements. These letters can be pre -approved by the client as
required. Our software can automatically allocate accounts to a pre-set group of
collectors based on client parameters. Each collector is given a maximum number of
files to handle which ensures that timely call cycles and activity is maintained on each
account. Commercial accounts are assigned to specific collectors with experience in
asset investigation, contract evaluation and pre -litigation negotiation among other skills.
Each new file is also screened through two national databases, Accolaid and Banko.
Respectfully those databases verify the debtor's address and telephone and determine
if there has been a recent bankruptcy filing. Such pre-screening allows us, if necessary,
to immediately commence skip tracing action or refrain from collection action if
bankruptcy was filed.
If the original phone number and/or address are invalid, our commercial collectors use
an unlimited access to the LexisNexis database to run a Business Report and determine
the current corporate status of the company and research available assets, corporate
ownership, sole proprietor status, etc. We also feature the Cortera product, specifically
designed to pull business details from multiple online databases. Cortera provides
access to property records for the business location, corporate officer listings, asset
portfolios and more. If there is a personal guarantee on the account, every effort is
made to pursue the individual responsible for the debt under FDCPA guidelines for
consumer collections.
All consumer accounts are scored through a vendor partner Intelitech to determine the
anticipated likelihood of collection and overall potential dollars per account. The scores
are integrated into the daily collection processes. Work queues and dialer campaigns
are updated daily based upon the current scores of each account. Work flow for the
collectors is adjusted daily to contact the best accounts during the most beneficial times
of day. Contact attempts are tracked daily as well and more effort is put into the higher
scored accounts throughout the entire collection process. Specific targets are
established regarding work flow by score/category that enable our collectors to spend
the vast majority of their time contacting the best possible accounts. Collection results
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
are tracked against the effort on each account to insure maximum dollars are recovered
on each file. More details as to the scoring process and methodology can be provided
upon request by our clients.
If the original phone number and/or address are invalid on an account, our LexisNexis
feature allows our collection team to search a 16 million -record database for nearby
information, potential work phone numbers, etc. This online feature enhances our
ability to locate missing debtors. It includes access to property records, reverse
directories, etc. and is accessible at any time by our collection and skip tracing teams.
Files without valid phone numbers are immediately moved to a skip trace desk for
further work. In addition to using the LexisNexis database, skip trace personnel have
access to all online search engines and our own internal 2 million record data base.
Once a valid phone number is found the file is immediately moved to a collector's desk
for further collection activity.
Our skip tracing specialists are equipped with an extensive source of effective skip
tracing resources. Some of them include:
Accolaid
Banko
Experian
Equifax
TransUnion
E-bureau
LexisNexis
Dun & Bradstreet
Accurint
National Change of Address Database
Bankruptcy Database
Caine & Weiner developed the PIFZaccount handling procedure to ensure that each
debtor account receives optimal handling and 100% accountability.
PIFZ HANDLING METHOD
• P= Primary collector 1-45 Days
• 1= Intermediate collector 46-90 Days
• F= Final collector 91-120 Days
• 2= Supervisor/Manager review 120+ Days
Account flow manager automatically changes desk assignment.
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
The process ensures that each account properly advances through the collection
process and that management consistently reviews it at regular day intervals. By using
multiple collectors and management's continuous review, the PIF2 handling procedure
is a very effective method that produces outstanding results.
Primary, intermediate and final demand account resolution specialists are teamed to
each account. The handling is closely monitored throughout the collection cycle by the
unit supervisor. If a determination is made that the account should be closed due to
non-payment, a 2-step management review process is conducted.
The collection cycle, built within the PIF2 procedure is designed to maximize amicable
resolution and continues for approximately 120-180 days. During this time frame, all
means of communication with the debtor are used to convey urgency and resolve the
matter. The exact time period will vary depending upon the portfolio and the
circumstances of each file.
For accounts placed at a value over a mutually established dollar amount in which we
are unable to collect the monies through our in-house collection efforts, Caine &
Weiner features tremendous internal and external options for debt recovery.
The Law Offices of Pucin & Friedland is Caine & Weiner's affiliated legal entity that
shares our mission to provide our stakeholders with enhanced due diligence,
accountability, control, lower costs and increased results throughout the entire
recovery cycle, specifically focused on pre -litigation and litigation services. Their team
of highly skilled and experienced creditors' rights attorneys serves the entire
enterprise and is strategically located in our Los Angeles and Chicago call centers.
If our in-house collection efforts have been exhausted and after management review
the debtor appears viable with attachable assets, the file is forwarded to the Law Firm
with client permission. All files remain in our primary collection database and all
collection activity is documented throughout the entire legal collection process up to
and including any litigation efforts and remittance of funds. Collection efforts include
legal demand letters and calls both from experienced legal collectors and the
attorneys. The City of Vernon would continue to have 24/7 online access to the files
via our CW Connect product. The firm manages each file to completion regardless of
the physical location of the debtor. The firm works with an established network of
Creditor's Rights attorneys across the entire country and has the capability to pursue
debt in every jurisdiction across the United States. Each attorney is licensed and
bonded up to $3 million through the Commercial Law League of America, the
American Lawyers Quarterly and/or the General Bar. For all files in which the debtor
resides in Southern California, all litigation efforts against the debtor are handled
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
directly by Steven Friedland, Esq. and his legal team located in our corporate
headquarters in Woodland Hills, California.
Caine & Weiner accepts payments over the phone via Credit Card, Debit Card or ACH
(check), in addition to processing hard copy checks, wire transfers, and Western Union
payments. All checks are deposited on the day they are received. All credit card and
ACH payment items obtained via phone efforts are also processed the same day.
Client remittances are flexible, depending on client preference. Remittance
statements are typically sent either weekly or monthly based upon client
requirements. They can be funded via normal check disbursements, ACH Federal
Reserve line or via wire transfers. A detailed Trust Statement is provided to our clients
with each remittance, documenting all dollars received per account, fees earned, and
monies due the client. The Trust detail is easily submitted both electronically via Excel
spreadsheets and via hard copy as required. Quarterly bank audits are performed
internally to assure there are no misapplied funds, and an outside CPA firm performs a
yearly audit on all internal financial and cash handling processes.
Remittance monies are typically sent weekly (but can be monthly at client request) to
our clients after a short 10 day hold to insure clearance of all funds. The appropriate
percentage of all monies collected is paid to the client under this time frame
regardless of whether the monies collected paid the account in full.
Files paid in full are coded with a PIF status and no further collection activity occurs
once the funds have cleared.
Payment plans under limited time frames are accepted from debtors by our collection
staff. Should a debtor fail to pay the entire balance due and eventually stop
communicating with our collection team, the file is closed under a partial payment
status. All monies due the client would have already been remitted based upon the
date the monies were received in house by Caine & Weiner.
If the client permits, all accounts are reported to Experian, Equifax and TransUnion,
with monthly updates provided for any status changes or payments received.
For files that remain unpaid through the PIF2 collection process, final disposition is
based upon client preference. Files may be closed and returned to the client with a
specific status such as refusal to pay, unable to locate, no response from debtor, etc.
Closing reports are provided to the clients on a monthly basis. Additionally, if the
client dictates the files can remain open in our collection system under a suspend
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
status and remain with Caine & Weiner for periodic review and to maintain the credit
reporting integrity.
Caine & Weiner also features an extensive Client Services staff in place to support the
daily collection operations and provide timely communication to our clientele. A
dedicated point of contact is can be assigned to a client that is extremely well -versed
in all aspects of collections. All daily phone and e-mail communication is handled
through our Client Services staff in order to streamline client contact and create
tremendous efficiencies within the collection process. Our Client Services team also
provides the daily, weekly and monthly reports required by the client.
As part of our client services commitment, Caine & Weiner features our CW Connect
client access product. CW Connect provides 24/7 user ID and password protected
access for our clientele to view all activity on their accounts. Available data includes
access to all collection activity from the placement date forward including all letters,
collector notes, payment histories and more. No additional hardware or software is
required. Access is via our www.calne-weiner.com website. This product also
includes tremendous data mining capabilities and customizable reporting. CW
Connect also provides the ability for clients to update accounts, report payment
activity, send secure e-mails, and more. All data is updated daily and new business is
available to be viewed the following calendar day. There is no cost to the client for
this feature.
Our base report is a monthly status report documenting all monies recovered and the
current status of all accounts. It provides statistics based on age of account, account
balance, age of debt at time of placements and present status and can be provided in
hardcopy or via Excel worksheets.
Caine & Weiner provides all clientele with multiple levels of reporting. Our primary
customization in reporting comes from our CW Connect product. Any number of client
specific reports is readily available online 24/7 that track all data required by the
client. Reports can be run based upon placement date, dollars recovered, dollars
placed, payment dates, geography, reference numbers, etc. Data can be mined to
access very specific information, for example, limiting the search to accounts placed
within the last 90 days over $5000 that are still in open status and have at least one
payment. CW Connect is a very user friendly program and our client services team is
always available to assist in the creation of customizable reports.
Customized reports, including ad hoc reports, can be prepared in accordance with
your specific parameters. Typically these reports are provided through our CW
Connect product, securely accessible at all times with an assigned User ID and
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
password that prevents access by unauthorized parties. No additional hardware or
software is required. Any number of specific reports can be created that track all data
you require. Reports can be created based upon product, placement date, dollars
recovered, dollars placed, payment dates, geography, reference numbers, and much
more. The CW Connect feature includes robust data mining capabilities and
customizable reporting.
Caine & Weiner collection team members handle themselves in a professional, ethical
manner at all times. It is a core aspect of our debt recovery operation, supported by
our continuing certification by the Agency Association of the Commercial Law League
of America, obtained by fewer than 2% of all agencies nationwide. Caine & Weiner
considers itself an extension of our clients and as such does everything possible to
insure a positive experience for the customers through the debt recovery process.
Files are handled with assertiveness and professional follow up, never with
aggressiveness or threats. Simple explanations are provided to individual consumers
outlining the reasons the debt is owed and all options available to them for resolution.
Discussions are always focused on how Caine & Weiner can assist the individual in
satisfying the outstanding balance, not on the consequences of failing to pay the debt,
although issues such as credit reporting are discussed if appropriate. All FDCPA and
FCRA laws are followed at all times, including all required delays between follow up
calls to avoid any potential harassment concerns.
In addition, all unresolved files are moved through a collection process that requires
multiple team members work the account in an attempt to recover the monies due.
This methodology provides a team concept framework that prevents the need for any
one collector to be overly aggressive in their collection efforts.
Any debtor complaint issues regarding file handling or collector conduct are
immediately transferred to senior management for resolution. The debtor file is
updated by the management team with all details as to the next steps and any
necessary client involvement. The file is then placed on a senior management desk for
continued debt recovery efforts and final resolution. Internally, senior management
reviews the event both with the collection manager and the collector to confirm that
all debt recovery activities were handled according to company policy and the client's
work standards and in a professional, ethical manner at all times. Individual personnel
files are updated as appropriate depending upon the final results of the investigation.
Management will notify the client of the final resolution of the complaint. If Caine &
Weiner discovers a complaint trend with a collector or Account Representative we
address the issue immediately internally through additional training on all collection
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
practices and any client specific concerns. Caine & Weiner prides itself on our
professionalism and very rarely receives these types of complaints.
In keeping with your requirement (IV Proposed Format, Q our fees and costs are
attached in the sealed envelope.
IV. Work Plan
The specific methodology in which the files are worked is outlined in great detail in
our response to the General Scope of Work. This also includes all reporting options
available to the City. Please see section III above.
As a brief overview, demand letters are sent to the debtors on each account within
one business day of placement into our collection software. The one day delay
allows our system to process address change and bankruptcy data prior to the initial
correspondence being sent. Collection calls begin immediately upon placement of
account. All files are handled by collectors experienced in Municipality debt
recovery.
Collection efforts progress through primary, intermediate and final demand collectors
in-house and continue into the legal process as needed. Specific parameters are set
by the City as to which accounts qualify for legal efforts. No litigation takes place
without prior City approval. Our legal team including our attorney is located onsite at
our corporate office in Los Angeles.
Monies recovered are remitted on a net fee basis either weekly or monthly based
upon City preference after a short 10 day holdover to insure all funds clear.
Reports documenting monies recovered and account status are readily available 24/7
to designated City personnel via our CW Connect online product. Access is limited by
User ID and password protections with no additional hardware or software
requirements.
IV. Specific Work products
The RFP relates to offsite debt recovery services performed on behalf of the City of
Vernon. As such, the primary work product is the collection activity documented in
our Columbia Ultimate software. Additional work product includes reports and
remittance documentation. As noted in our response to the General Scope of Work,
online access is available at all times for City personnel to view the current status of
any account placed with Caine & Weiner for collection activity. Custom reports can
be created at any time as well at the City's request.
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
Attached are sample standard reports regarding inventory status, recovery statistics,
history report and remittance of recovered funds along with a sample initial demand
letter. Reports can be provided in Excel or Word format as required by the client.
V.Proposed Schedule
Caine & Weiner currently features the technology, infrastructure and personnel to
begin collection activity on behalf of the City of Vernon with virtually no lead time.
Upon award of the contract we anticipate needing 2-3 business days at most to set
up all required client information internally within our software, including accounting
and remittance processes along with all collection activity parameters.
Our existing senior management team is readily available to meet with City of Vernon
personnel at any time to review all required collection processes and establish all
recovery protocols as discussed in the General Scope of Work response. Once those
meetings occur we are able to train the appropriate collection staff within 1-2
business days. Time frames for the actual debt recovery activity can range from a
few days up to over a year depending on the debtor's response and the potential for
litigation on the particular account.
Typically we are able to begin collection activity less than 30 days from contract
award/signatures.
VI. Fees and costs
Please refer to fees and costs in the separate sealed envelope.
VII. Ability of the Proposer to Perform
Established in 1930 and headquartered in Los Angeles, Caine & Weiner is a solution -
based accounts receivable management company that provides effective 1" and 3`d
party collection solutions to commercial (13213) and consumer (132C) businesses
representing every major industry. In addition to our corporate office in Los Angeles, we
maintain full service call centers strategically located in Chicago, Buffalo, Louisville, and
Dallas. As a partner of Global Credit Solutions (GCS), with partner offices in 90 world
capitals and 4,000 employees, we have the international resources and expertise to
perform collection activity unhindered by geographic location.
Our eight decades of experience have convinced us that client satisfaction is our highest
priority. Toward that goal we've assembled the industry s top team of tenured
professionals —designated subject matter experts who specialize in their area of
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
expertise. In addition we've established strategic business alliances, invested in
advanced software, training, development, quality management/manpower, and
developed proven file handling techniques that consistently enable our organization to
reach top tier recovery levels while maintaining the highest levels of customer service.
Caine & Weiner combines our expertise in recovering funds with a strong ability to avoid
adversely affecting your customer relationships. Due to our high level of
professionalism, often debtors who we've contacted for payment later approach us to
collect their receivables. We're also a founding member of the Commercial Collection
Agency Association certified by the Commercial Law League of America. As such, we
adhere to the highest ethics and standards. Fewer than 2% of the collection agencies in
the U.S. are members. Our membership is an additional assurance that all account
handling on behalf of your organization is conducted in a professional, transparent
manner.
Our company has seen 30% revenue growth over the past five years. Our competitive
edge lies in our success in having built an organization with the size, scope, technology
and resources of a true national company featuring five full service call centers
strategically located throughout the United States, combined with the high customer
service and recovery levels of a much smaller organization.
With fewer collection agencies operating today than ten years ago, Caine & Weiner has
not only remained robust, but has flourished in the industry and will continue to do so
through our commitment to building long term relationships with our clientele via the
proper balance of state-of-the-art technology and experienced, dedicated personnel
that enable our organization to maximize recovery and customer service in an extremely
cost efficient environment.
Not surprisingly we're invited on an ongoing basis by America's leading companies to
participate in their RFP processes. As well, many of our clients decided to use our
services based on positive industry feedback and peer recommendations regarding our
performance and unmatched client service.
We have 2500+ active clients, which placed in excess of $292 million last year of which
$57.8 million was recovered on their behalf.
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
Workforce statistics
Location
Full Time Employees
Part Time
Employees
Los Angeles, LA
81
51
Chicago, IL
29
1
Louisville, KY
17
0
Buffalo, NY
10
2
Dallas
2
i 3
Caine & Weiner prides itself on our diverse customer base and our ability to build highly
successful partnerships with clientele across multiple industries.
We have industry expertise in multiple commercial arenas including Municipalities,
Wholesale/Distribution, Rental/Leasing, Advertising, Finance and Insurance Premiums,
among many others. Some of our core clients include Fortune 500 Companies such as
Nestle USA, Tribune Companies/The Los Angeles Times, Pitney Bowes, John Deere,
Wells Fargo, W.W Grainger and McMaster Carr Supply Company among many others,
some of which have used our services for over 35 years.
In performing collection activity on behalf of the City of Vernon, Caine & Weiner
adheres to all state and federal requirements regulating debt collection, including:
• Fair Debt Collection Practices Act (FDCPA)
• Privacy Act of 1984
• The Fair Credit Reporting Act (FCRA)
• Gramm Leach Bliley Act (GLBA)
• Workers Compensation case laws
• The Fair and Accurate Credit Transactions Act of 2003 (FACIA)
• The Heath Insurance Portability and Accountability Act (HIPAA)
• Code of Ethics & Standards of the Collectors Associations
Caine & Weiner features multiple years of highly successful collection programs for
several municipalities across Southern California.
Our company has over ten years of experience recovering monies on behalf of the Los
Angeles Department of Water and Power and other similar entities. Caine & Weiner
currently has a team of collectors specifically dedicated to the recovery of Los Angeles
Department of Water & Power and other municipality files. These individuals have a
minimum of 3-5 years of collection experience and each collector (along with the
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
collection manager) is fluent in Spanish. They are fully trained on all FDCPA and FCRA
issues and are very well versed in all aspects of the municipality water and power
general billing and final bill generation and notification processes. This in-depth
knowledge enables our collection team to maximize their recovery efforts while still
maintaining the highest levels of customer service expected by the various cities.
In addition, for the past 5 years Caine & Weiner has recovered debt on behalf of the City
of Los Angeles and specifically the Office of Finance, Citywide Collection Unit. Our
expertise in this area includes recovery of unpaid Los Angeles City Business Taxes. We
have recovered in excess of $18,000,000 over the life of the contract on behalf of the
City of Los Angeles. More directly related to the scope of this RFP for the City of
Vernon, Caine & Weiner currently recovers monies owed to the City for administrative
costs related to DUI activity, damage both to City and Department of Transportation
property, Police Department false alarms, street light damage, Building & Safety debt,
Bureau of Accounting debt, and Hazardous Materials debt, among other business units.
To date under the current contract we have collected in excess of $2.1 Million on behalf
of the City of Los Angeles for these divisions. Caine & Weiner can easily segregate
business submitted by various business units within the City of Vernon as needed to
insure proper tracking of recovery results. Caine & Weiner currently stores data in our
Columbia Ultimate (CUBS) software for multiple business units within the various
municipalities.
One key component of our success in working with the various Southern California
municipalities is our ability to limit the number of files worked by our collection staff. As
noted above with over 130 employees in our Los Angeles office, Caine & Weiner is easily
able to build collection teams and add collectors as dictated by our client's volume of
placements. Our collectors handling commercial accounts are limited to 400-500 files
each, and our collectors handling consumer accounts are limited to 600-800 files.
Further limits are placed on collectors specializing in the recovery of high dollar files.
Caine & Weiner has been providing our municipality clients with standard, customized
and ad hoc reports for the past decade. These reports include recovery statistics,
accounts status, monthly open and closed account details, current and prior month
payment files and much more. These reports are generated on a weekly or monthly
basis as required by the clients, and ad hoc reports are generated on a same day request
basis.
As part of the methodology to deliver these reports and account updates, Caine &
Weiner features our CW Connect client access product. CW Connect provides 24/7 user
ID and password protected access for our clientele to view all activity on their accounts.
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Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
No additional hardware or software is required. Access is via our www.caine-
weiner.com website. This product includes tremendous data mining capabilities and
customizable reporting in addition to access to files notes and payment histories. The
product also provides the ability for clients to update accounts, report payment activity,
to send secure a -mails and more. All data is updated daily and new business is available
to be viewed the following calendar day.
We possess specific hands on experience and success in recovering the types of monies
owed outlined in this RFP, including both outstanding Water and Power debt and non -
tax debt from multiple business units.
Project Team:
The following individuals have been assigned to oversee The City of Vernon account.
Tony Albanesi
Vice President -West Coast Operations
Based in our corporate call center in Woodland Hills, California, Tony would have senior
management level oversight of the City of Vernon accounts. Tony has over 25 years of
experience in the collection industry, with the last 18 years being spent at Caine &
Weiner. He is involved with all key clientele using services at our corporate location and
has more specific accountability for 10-15 of our largest clients. He is involved with all
key clientele using services at our corporate location.
Manny Torrez
Collection Manager
Manny oversees our Municipalities collection unit and has 20 years of experience in the
industry, the last five of which have been spent at Caine & Weiner. He currently
manages the team responsible for water and power debt recovery.
Collection staff currently working for Manny and Tony will be assigned as needed based
upon placement volume assigned by the City of Vernon.
15
Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
As specifically requested in the RFP, below are three references in the municipality
arena:
References
Karen Dean
Supervisor
City of Los Angeles, Office of Finance
200 N. Spring Street #1225
Los Angeles, CA 90012
karen.dean@lacitv.ore
213 978-2821
Rick Ryan
Supervisor
Los Angeles Department of Water & Power
1115 Hope ST #732-146 71h Floor
Los Angeles, CA 90012
rick.rvan@ladwp.com
213 367-2949
Debbie Vento
Collection Manager
City of Pomona
505 South Garey Ave
Pomona, CA 91769
debbievento@ci.pomona.ca.us
909-620-2250
In summary, there are several advantages the City of Vernon will derive by using the proven
services of Caine & Weiner:
Competency
As a California corporation Caine & Weiner is a well -familiar with California laws, statutes and
regulations with a proven history of maximized recoveries.
With a long history of providing debt recovery and related services, our file -handling and
accountability and performance are unmatched. The tenured collectors who will be handling
the files from The City of Vernon are adept at handling municipal collection work.
16
Proposal to The City of Vernon for Collection of Past Due Receivables November 16, 2012
Stability
Caine & Weiner has enjoyed a long history of stability, both in regard to its management team
and its financial matters. These are critical components to ensure client confidence of our
abilities and our dedication to a long and successful relationship.
Client Service:
Caine & Weiner is renown in the industry for our outstanding client service. As such some of
our clients have continuously used our service for over 35 years. We have a hand-picked team,
very familiar with municipality collections ready to serve the City of Vernon to make sure your
expectations are met.
System Capabilities
Caine & Weiner is a front-runner in the utilization of the latest technology to enhance service,
streamline performance and increase results.
Caine & Weiner looks forward to establishing a partnership with The City of Vernon. Such a
relationship will provide the City with proven expertise in municipal debt recovery, adherence
to all state and federal regulations applicable regulations and unmatched performance.
Performance
Caine & Weiner is an industry leader in achieving maximum recoveries and has vast experience
within your industry and California. Our senior management team has over 350 years
combined experience within the credit and collections industry.
17
For over eight decades Caine & Weiner has served the credit and collection industry. As
an International provider of commercial and consumer credit and collection services, we
have earned an exemplary industry reputation based on our total team commitment to
delivering optimal collection performance and outstanding client service.
Established in 1930 by Sidney Caine and Charles
Weiner, our company today has four full service
collection centers strategically located throughout the
United States. Our 2,500 clients, which include Fortune
500 Companies, are served by our team members.
Caine & Weiner integrates several resources to l'
maximize recoveries and provide the highest level of �t
service to our clients. To maximize collections we utilize speed, integrated database
information, tenured professionals, flexibility and the most advanced technology and
database systems available.
To make our services valuable to our clients we continually focus on streamlining our
processes, developing innovative collection methods, data analysis, maximizing cash
flow and maintaining client relationships.
Our management team collectively has over 350 years of experience in the commercial
and consumer accounts receivable managements industry.
We are members of ACA, the Commercial Collection Agency Association, and are
certified by the Commercial Law League of America, and The International Association
of Commercial Collectors and take pride in the alliance partnerships we have established.
Est. 1930
Caine & Weiner
Los Angeles Chicago Buffalo Louisville Dallas
t,
Statement
Caine & Weiner
Mission/Vision Statement
We enhance cash flow for the global business community thfouyI1 the creative and
effective utilization of account receivable management systems and innovative solutions
As we approach the end of our first century of successful service,our strategic Intent is:
Continued growth through Internal development of our resources
Or) going investment in people, procedures and technology
Acquisition of, and alliance with progressive companies who share our vision.
We are committed to building a positive, professional environment that fosters
teamwork and honors our historic service values and Integrity.
Cash flow is the life blood that determines if a business succeeds or fails. When accounts
receivables are not promptly acted upon the likelihood of recovery diminishes with each
passing month. A survey conducted by PricewaterhouseCoopers LLP estimated that bad
debt write-offs in 2007 were about $152.5 billion, of which a substantial portion could've
been recovered had collection action been implemented at the early stages of
delinquency.
As shown in the following table, a business with a 5% profit margin must bill and collect
$200,000 to offset a $10,000 loss due to bad debt.
50
0
1,000
714
100
3,334
2,000
1,428
200
6,668
4,000
2,856
300
10,000
6,000
4,284
400
LIIII }�
..1,667
,
,
6j672fis5,712OQ
500
25Q69 a iw�, ,
16,670
i`1i5,R 10,000.i1'3�4'0�
750
,z�3�/s'UQmt,i�._25,000
,?,�S`'6r�W++,. 15,000
10,710
I,000
'33,340
"5f000,�a,i�' 20,000
""1 , $0�"v�'�s�. 14,280
2,000
w ,9�b 0'i�d�.�`
66,668 '.'SO°00,�
40,000-
28,571
5,000
166,666
v��5 00,0 y r 100,00089,33.`Q
s,K
71,428
10,000
50p,OQOj imp
333,333
''�Sy0,000ti,;
200,000
,16�G66` p
142,857
2Q 000
�3`QDOi000
666,666
00s600 a
400 000
3333 ''
285,774
According to a study undertaken by the Commercial Collection Agency Association the
probability of debt collection diminishes over time. As shown in the table below, after
180 days, the probability of collecting a delinquent balance drops to 52.1 %.
The statistics clearly illustrate the importance of utilizing Caine & Weiner's collection
service once accounts receivable age beyond the due date. We understand the importance
of cash flow and have developed a sophisticated system to greatly enhance collection and
the flexibility to meet client requirements.
As accounts receivable management experts, the Caine & Weiner team has the
experience and collection technology to help you increase your cash flow and lower your
DSO to increase your bottom line profits.
3
In order for our team to deliver the results expected by our clients it is critical that we have a full
understanding of their needs and expectations. Once this is established a collection strategy is
implemented and closely monitored and continuously reviewed.
Our collection management software allows us to continually evaluate our collection performance
and implement the appropriate collection strategies as necessary.
Optimal performance and client satisfaction are Caine & Weiner's highest priorities.
Upon receipt of the client's file and supporting data, it is uploaded into our collection handling
system and scanned into our document imaging system for easy access by our collection teams.
Client -specific coding, if necessary, can also be tracked. Clients may submit files electronically
by email or secure ftp. Hardcopy submission is also acceptable. Thereafter, the client receives
written or electronic acknowledgement of the placement and the account resolution specialist
assigned to the file commences collection activity.
Collector inventory is tracked daily, and newly -submitted files are systematically assigned to
ensure proper distribution. This prevents any one collector from carrying an inventory of
accounts that would hinder their ability to maintain proper work flow and call cycle standards for
the client.
The following table lists the minimum work standards that the account resolution specialist is
expected to invest into the debt recovery process for each file. Based on the individual
circumstances of each file, however, additional contacts may be necessary to accelerate the
recovery effort.
• Commercial
Each letter series shown above contains language that increases the urgency of payment and
shortens the payment time frame with each subsequent letter.
When files are assigned without a known debtor telephone number and unavailable through the
Acollaid, (NCOA) pre-screening process, the file is forwarded to our skip tracing department.
Caine & Weiner utilizes Lexis/Nexis online data base with over 15 million public records as our
primary research tool.
Once the skip tracing department locates the debtor information, the file is forwarded to an
assigned accounts resolution specialist to initiate collection activity.
Should there be no positive resolution after 30-45 days into our debt recovery efforts the account
is moved through an intermediate and final desk work flow over the next 60-90 days (our plF2
process). This ensures contact attempts from multiple collectors and provides the maximum
recovery opportunities.
Files, as necessary, are reviewed for potential litigation activity.
The PI F2 proceSS-Caine & Weiner's precision file management procedure
The process, resulting from over eight decades of -file handling, produces optimal collection results, precise follow-up,
continuous management oversight and-100% accountability.
Features include:
A primary, secondary and final handling specialist is assigned to each file
At each; stage a collection supervisor evaluates the progress
Management oversight imbedded in the procedure guarantees 100%accountability for every file
Before a file is closed it must undergo a two-step management review.
The three -tiered integrated collection process incorporates multiple collection actions governed by on -going
supervisory/management review and intervention throughout the entire collection cycle.
Primary handling
During the initial handling period the debtor receives an FDCPA-compliant payment
request by mail and a 2-3 day call cycle commences. The Account Resolution Specialist
assigned to the file is a certified collection professional, regulation -compliant and highly
skilled in debtor communication and problem solving.
If payment is not received or a payment plan agreed upon the file is moved to the next
handling level.
Intermediate handling
At this level, the 2-3 day action cycle continues and, depending on the circumstances, a
secondary specialist may enter the picture. A supplemental FDCPA-compliant letter is
sent to the debtor and greater urgency is conveyed. The Account Resolution Specialist's
file -handling and call cycle is supervisor -reviewed to make sure that maximum collection
efforts are undertaken and that handling is compliant with all regulations in the area where
the debtor is domiciled. If payment is not received or a payment plan agreed upon (with
the clients approval), the file is moved to the final handling stage.
Final handling
Final handling is performed by a specialist --whose sole objective is to fully explore all final
opportunities to amicably resolve the debt. Their activity includes a review of all previous
activity and. direct debtor communication. The specialist operates within a very narrow
area, between primary and intermediate handling, and before the implementation of legal
action (if client approved).
In the final handling stage, the assigned specialist, an articulate and persuasive
communicator, is often able to convince the debtor to remit payment "to avoid a blemish
on their credit record" and that the client is rightfully entitled to payment. In keeping with
Caine & Wiener's reputation, the debtor is treated at all times in a professional, dignified
manner.
If the debtor refuses to cooperate the file is forwarded to Caine & Weiner's Legal
Department for review after which recommendations are made to the client. If legal activity
is approved, the file is managed from "cradle to grave" up through execution of judgment.
Assigned attorneys are located in the debtor's jurisdiction. If the file is considered for
closure, it undergoes a two-step management review.
2
Throughout the collection cycle the progress is continuously analyzed and reviewed by
management.
'All legal activity must be
client approved
Forwarding
The Law Offices of Pucin & Friedland, P.C. (P&F) is Caine & Weiner's affiliated legal entity that handles Caine
& Weiner files exclusively. With three full time attorneys and their staffs, they specifically focus on pre -
litigation and litigation services. Throughout the entire recovery cycle, they ensure that enhanced due diligence,
accountability, control, lower costs, increased results, and the elimination of costly delays are given top priority.
Clients directly benefit from their easy access to P&F—an advantage lacking in midsize and smaller agencies
that must remotely communicate with off -site law firms.
In those cases when the debtor refuses all reasonable collection efforts, their file is referred by P&F to a
collection attorney located in the debtor's geographic area. The attorney is required to be a member of the
Commercial Law League of America (CLLA), licensed and bonded for $3 million through American Lawyers
Quarterly and the General Bar.
P&F works closely with the outside collection attorneys at all steps throughout the litigation process to ensure
that the file is thoroughly handled.
Forwarding Process:
Following in-house collection P&F evaluates
A payment demand is made upon
activity, the collector forwards the the file.'
the debtor
file to P&F If continued collection activity is
<warranted a is sent to the attorney ,
If the debtor (ails to pay, their
After receiving the signed
business entity is confirmed after
documentation and the clients
which suit requirements & a check
check, legal action is initiated
'reauesl am. sent to. the client
• Is the debt disputed? "
• Does the debtor have any assets?
• Does any personal liability exist?
• Are their env oendlnd tax hens Bulls or iudomentsi.
8
For certain accounts uncollected through our in-house efforts, Caine & Weiner may forward these files to a local
attorney for further review. Once the attorney has researched the debtor company, Caine & Weiner is provided
with an overview of the account along with a recommendation as to whether litigation is a viable option on the
file. This recommendation is based upon multiple factors including the amount of the debt, location, the
operational status, the ability to serve the debtor, etc.
If litigation is recommended, Caine & Weiner will provide written notification to the client as to the initial filing
fees required. The client is then able to determine if it is cost effective to proceed with litigation. If so, the client
forwards written authorization for suit along with the initial court costs/suit fees and necessary documents to
Caine & Weiner. Once these are received, legal action is initiated against the debtor.
Further action on the accounts will vary, based on whether the lawsuit is answered. If the debtor fails to answer
the suit, the attorney will process the file to obtain a Default Judgment against the debtor. After obtaining, a writ
of execution may be filed and an attempt is made to recover funds through bank levies, asset judgment,
attachments, etc.
Should the debtor answer the suit, the case moves into discovery. At that point a detailed exchange of
information takes place through interrogatories, production demands, etc. Motions may be filed to attempt a
quick resolution on the matter. Various hearings and/or settlement conferences may be held in an attempt to
resolve the case prior to trial. If a trial is necessary, the client would be required to provide a witness to testify as
to the validity of the debt. If no witness is available, every effort will be made to settle the case prior to trial.
Once a favorable judgment is obtained, post judgment execution efforts described above will be initiated.
Caine & Weiner will notify the client of all key events as they transpire. The client may contact our legal
department as needed with any questions on particular files. Please be reminded that these accounts are handled
on a contingency fee basis, with an increased fee added due to litigation. A small non -contingent suit fee may be
required by counsel in certain geographic locations.
Communication & Reporting
Caine & Weiner utilizes the latest procedures, systems and technologies to communicate
effectively with our clients. An integral part of our service is to provide our clients with a
convenient and secure format for the transmission of system data. Multiple
communication options enhance the recovery process.
• Online direct links have been established to access public record information,
asset information, credit information and other valuable sources to implement
our collection activity.
• Clients can utilize our communication capabilities to place files, enter notes,
read the collector notes and obtain up to date file status information.
• Statistical and customized reporting is provided according to the client's
request.
In addition to voice, email and facsimile transmission, communication can be facilitated
though the Internet. Our website address is www.caine-weiner.com/contact
We offer a wide range of reporting options and statistical reports will be customized to
your specifications. Examples include: acknowledgement of file, account inventory,
account closure, remittance reports and more. Electronic and/or hard copy is available
according to your preference.
Our CW Connect feature provides 24n access
so that our client —and only them, can view the
collection activity of their files. A unique ID
and password will be assigned to ensure
security No additional software is required.
Accounts may be assigned for collection via
email, disk, the Internet, and through the
creation of ASCII or Excel files for
independent upload and download of
information. Our Collection software program
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provides tremendous flexibility and customization options with regard to placements,
reporting, recovery tracking, etc.
The following pages contain sample reports.
10
System Technology
Caine & Weiner leverages the latest technology to ensure that our
collection utilizes the best hardware and software available. The
core platform is The Collector System from Columbia Ultimate.
The system is the most resource -enriched in the marketplace, with
its advanced technology and sophisticated software. Our Accounts j,,
�
Resolution Specialists work in a "paperless" user-friendly
environment in which work (WIP) is scheduled, and brought to
their attention for follow up automatically. Using a debtor number,
name, social security number, phone number, etc., files can be retrieved instantaneously. A
number of points can be assigned to each account record based on the balance amount, the age of
account, last payment date, etc., and prioritized for appearance on the collectors WIP (Work In
Progress) list each day. The Collector System provides an array of powerful collector
management tools. In addition to the traditional reporting and tracking of costs. Features of the
system include the following:
Management Reports
The system provides the unit manager overseeing the collector's activity with daily,
weekly and monthly reports. This enables the management staff to highlight areas
where coaching and goal -setting might be appropriate. A feature of the system is
"exception reports" to flag any file which has not received collection activity in
accordance with Caine & Weiner's work standards.
itWorkstation automation
The Collector System eliminates "paper filing". The collector has availability to all
information that is necessary to call, fax, and send letters to accomplish their
collection objectives.
7 Follow -Up Scheduling
Files are automatically scheduled for follow-up at specific times. Follow-up activity
is predetermined by the collector's previous efforts and commitments and promises
from the debtor, the size of the balance, and other important factors.
11
System Technology
■ Collection Activity Tracking
All collection activity on each file is logged and measured. The date, time and
collector who completed the action are recorded on the file. The logs provide a
history for the collector for further collection activity, as well as for the Caine &
Weiner collection supervisor.
The Collector System provides maximum flexibility in the scheduling and printing of account
and client correspondence. Virtually any information from the database can be sorted and
accessed on an unlimited number of user -defined accounts. Entire inventories or segmented
portions can be analyzed and reports generated to provide such information. Clients may also
access their files through the CWConnect feature to view their accounts as they are being
worked.
Our collection software resides on custom, scalable Dell servers, set in a RAID10 configuration
for maximum efficiency and data protection. Offsite Redundant servers provide disaster
recovery protection within 24-48 hours. Fortigate software provides top level frrewall protection
and daily downloads insure up-to-date virus protection at all times. All necessary data exchange
is secure, encrypted and user ID and Password protected within FTP and SFTP environments.
The Collector System software is the state-of-the-art for the collection industry by way of design,
philosophy, flexibility and client interface capabilities.
12
Clients have several file -placement options available to them.
Within 24 hours after receiving the file the data is downloaded into our collection management
system —and confirmation which lists the debtors name, amount owed, assigned file number and
other required data is sent to the client.
Confirmation
13
Caine & Weiner makes it easy for debtors to remit payment by offering them several user-friendly
options. Our use of integrated technology such as these multiple options allows us to quickly
determine if the debtor is stalling for additional time.
The ACH check -processing options, for example lets us know within 72 hours if the debtors check
is NSF.
14
Remittance Procedure
Caine & Weiner has the flexibility to remit collected amounts according to the client's
specific requirements.
Our goal is to get the dollars collected to our clients as quickly as possible.
Our normal procedure is a weekly remittance cycle on all
available funds held for 10 days. During this time frame
funds are held in our clients trust account.
The hold period is waived for payments made by certified
funds or cashier's check payments. Depending on the
client's preference, remittances can be on an individual or
combined basis. Our system allows for deduction or non -
deduction of the collection fees.
Remittances are accompanied with an itemized trust statement documenting all monies
received on a per account basis.
15
Another Caine & Weiner Advantage!
The Law Offices of Pucin & Friedland, P.C.
Caine & Weiner, recognizing client needs within the current fluctuating economic times, provides yet another
distinct advantage to recover lost dollars.
The Law Offices of Pucin & Friedland, P.C. (P&F) is Caine & Weiner's affiliated legal entity who shares our
mission to provide our stakeholders with enhanced due diligence, accountability, control, lower costs and
increased results throughout entire recovery cycle specifically focused on pre -litigation and litigation
services. Its team of highly skilled and experienced creditors' rights attorneys serves the entire enterprise
and is strategically located in our Chicago and Los Angeles centers.
The P&F process occurs as the next logical step in the collection cycle initiated by Caine & Weiner. This
process involves legal professionals, who are specifically trained in the art of negotiation, financial analysis,
skip tracing and reporting all in furtherance of client requirements focused on the
ultimate goal of final resolution. Caine & Weiner and P&F use the same collection
system and database, sharing key information thus eliminating redundancy and
loss of time. Furthermore, our clientele are able to view our respective activity
within the account notes from our CW Connect online portal, accessible 24/7 via
our website at http://www.caine-weiner.com/client_access/
Our objective is to avoid litigation and P&F will make every attempt to amicably
resolve the matter and mitigate the cost of collection without recommending the
filing of a lawsuit. If litigation is the only alternative, our team will verify the debtor's
financial situation, attachable assets, bank accounts, employment, etc. so as to
analyze any settlement offer propounded or post judgment execution needed.
Based on the aforementioned analysis, litigation is recommended and submitted to
Caine & Weiner and the client. Suit will be filed only with prior client approval.
P&F attorneys are licensed in Illinois, Ohio and California, and can litigate certain accounts where jurisdiction
falls within those states. On all other accounts, Caine & Weiner will utilize its long standing network of
licensed, bonded and insured Commercial Law League of America attorneys.
P&F and Caine & Weiner will manage the entire legal process for maximized results, eliminating wasted
time, efforts, frustration and money. The services provided and results obtained are compelling advantages
for our clients.
16
Caine & Weiner's national network of full service, electronically linked regional collection centers share a data
base for integrated file handling. This shared platform facilitates resource re -allocation to ensure seamless
account handling. The result is that the proper ratio of accounts handled by the collector is maintained, ensuring
optimal collection performance and maximized recoveries.
1
West Coast
21210 Ervin St.
Woodland Hills, CA 91367
818-226-6000
818-226-6010 Fax
ca@caine-weiner.mm
yin
.mud
Midwest
1699 E. Woodfield Rd.
Schaumburg, IL 60173
847-407-2320
847-6194765 Fax
it@caine-weiner.com
Mid -South
Northeast
Southwest
9931 Corporate Campus Dr.
338 Harris Rd.
16200 Addison Rd.
Louisville, KY 40223
Buffalo, NY 14221
Addison, TX 75001
502-425-9100
716-633-0235
972-248-6499
502426-9005 Fax
716-633-5944 Fax
972-248-7544Fw
ky@caine-weiner.com
ny@csine-weiner.com
tx@caine-weiner.com
17
Why Use Caine & Weiner?
Los Angeles Chicago Louisville Buffalo Dallas
As one of America's leading providers of accounts receivable management services,
with experience in every major industry, we've found that companies may be
missing the important benefits we offer because of misperceptions and faulty
information.
ALL COLLECTION AGENCIES ARE THE SAME!
That's like saying all Credit Managers are the
same! When this perception exists, it's usually
based on average service delivered by the agency.
There are around 5,000 collection agencies in the
U.S. Like any industry, the services they provide
range from marginal to outstanding.
Unfortunately, the negative occurrences are often
the ones remembered.
The problems of understaffed and under -financed agencies end up becoming the clients' problem! Accounts
placed for collection aren't efficiently handled. Status reports are infrequently sent. Short-staffed Accounting
Departments fail to process remittances promptly expected by the client.
Caine & Weiner's employee retention is one of the highest in the industry. Since 1930, we've placed a high
priority on hiring the best available candidates, training and retaining them! This insures that only well qualified
specialists handle the recovery of your delinquent accounts.
Doing business today requires fast solutions. Unfortunately many agencies often lack up-to-date collection
technology. Time frames tolerated just five years ago aren't acceptable today. Caine & Weiner is mindful of this
and acquired the industry's most advanced collection software. Our collection platform utilizes the Collector
System from Columbia Ultimate. LerisNexis sofhvare augments our skip tracing investigations. Our resources
also include Banko, NCOA address verification and CW Connect, our online access feature. By utilizing the
Quantum I! Integrated Dialer system we significantly increased debtor contact increasing recoveries for our
clients.
Our investments in people and in the best collection technology available are just two of the reasons why many
Fortune 500 companies use our accounts receivable management services on an ongoing basis.
WE CAN DO EVERYTHING ANAGENCY CAN!
While many companies utilize collection software and have an in-house collection staff, Caine & Weiner's
resources can augment their efforts!
Company collectors typically work on a salary basis. Regardless of thew monthly collection results, they're
assured of a check on payday. Caine & Weiner's Accounts Receivable Specialists work on a contingent
18
collection basis. As professionals, their compensation is based on results; hence, they're focused on
performance!
As a full service agency, Caine & Weiner reports debtors to Experian,
Trans Union and Equifax. Debtors withholding payment often find a way to
pay their obligation if their credit rating could be affected.
Unlike company collectors, who must balance collecting with other tasks such
as approving orders, handling administrative duties, etc., our specialists' job is
to collect money —nothing else!
Although company collectors endeavor to skip trace, frequently they must work with outdated information and
few resources. Our Skip Trace Department uses best in class skip tracing software. Our on -site database
contains over 4.5 million files.
We provide debtors with a variety of ways to remit payment, which include payment by credit card (VISA,
MasterCard, American Express & Discover Card). They may also pay through our website (www.caine-
weiner.com) using the Expresspay option and also remit via ACH, the secured electronic bill paying option.
WE'VE USED THE SAME AGENCY FOR YEARS!
While loyalty is commendable, the world is rapidly changing. According to IBM, every four years their
technology is obsolete!
In today's world of wireless technology, e-commerce, global markets and ever -changing business landscape,
business solutions used a year ago may no longer be effective. Caine & Weiner's role is to provide our clients
with solutions that work. Our clients receive information about changes in legislation collection law and on-
going tips on how to improve their in-house collection efforts.
Some companies use agencies that aren't deriving use of the latest technology or not practicing up-to-date
collection techniques. Their inability to compete in the marketplace ends up costing the client money!
Although agencies traditionally involved themselves only after the debt became past due, we're involved
throughout the process. We provide our clients with "front end" information. Our services also include dunning
programs, placing specialist's onsite at your place of business and keeping our clients informed of the latest
collection techniques. We deliver results!
Our combination of customer service, technology and results, combined with our small unit focus and national
resources, provides a unique ability to produce maximum results for our clientele.
OUR IN-HOUSE ATTORNEY HANDLES OUR COLLECTIONS!
In-house attorneys provide a vital function to their company. Their on -site presence enables them to review
contracts, study lease agreements, oversee Human Resource Laws, and handle acquisitions, dealer agreements,
compliance with the Fair Trade Act and more.
When collection efforts are necessary, their role is limited. While they can augment the Credit Manager's effort
by sending a letter to the debtor, if a phone call to the debtor is necessary, they can do little more than threaten
the debtor with a lawsuit. Our Specialists are trained to turn debtors into customers. They're trained in using the
strategic pause, overcoming objections and inducing the debtor to remit payment.
In-house Attorneys, moreover, can file a lawsuit only in the state in which they're licensed to practice. If a Los
Angeles -based attorney intends to file a suit against a New York debtor, he must use an attorney licensed to
10
practice in New York. Unless he's familiar with the area, he must find an attorney to handle the action. Often
this is a random search, using little more than a law list. We utilize a network of proven collection attorneys.
Because we've worked with attorney firms since 1930, we know who the top collection attorneys are. Moreover,
because of our on -going use of national and international attorney services, chances are our collection attorneys
will do the job at a lower cost than the one contacted by your attorney!
Getting timely information from the in-house attorney can sometimes present challenges for the Credit Manager.
He may place the Credit Manager's request at the bottom of his priorities. Office politics or inter -department
rivalries may also impede the collection process.
go]
Must 1 sign a contract to use your service?
We work with and without written contracts. We handle debt recovery on a contingent collection
basis, no recovery = no fee. You are not obligated to place a minimum number of accounts.
Some of my customers are located in other countries. Do you provide International
collection service?
Yes. As an active partner of Global Credit Solutions (GCS), we have 90 partners offices with
over 4,000 employees located in every major world capital.
1 often work late Into the evening. Is their a way to obtain the status of my accounts
during non -business hours?
Yes. Our user-friendly CW Connect on-line feature allows you to access the status of your files
24n through our website. An assigned User ID and Password provides security, preventing
unauthorized access. There is no additional fee for this service.
What happens If the debtor 1 placed for collection contacts me and wants to work out a
settlement arrangement?
Debtors sometimes do this to delay payment or to avoid contact by the agency. Once the account
is placed for collection it is best to distance yourself. Please refer them to our office immediately.
Is their a collection fee If the debtor sends me their check after I've placed them for
collection?
Debtors placed for collection are contacted immediately by our Account Resolution Specialist.
Sometimes they resent having been placed for collection and send their payment to the creditor,
hoping the agency will not be compensated.
In such cases, please let us know if payment was received, after which collection activity will
cease. An invoice will be sent to you to cover the contingent collection fee.
If you are unable to collect the account I placed, then what?
After all in-house collection measures have been undertaken, and if the debtor continues to
conduct business -not having filed bankruptcy, a lawsuit may be prudent. The next step involves
the services of an outside collection attorney. The attorney reviews the file and makes a
recommendation whether to pursue further action. If you approve, additional contingent costs
21
will apply. Litigation is undertaken only with your a rpp oval.
What happens if the debtor placed for collection wants to return the product I shipped,
rather than remit payment?
We are mindful you are in business to sell product not to re -purchase it from your customer.
Every attempt will be made to recover the amount owed to you. If the debtor is having severe
financial problems and wishes to return product, we let you make the decision after which we
convey it to the debtor.
When product, in lieu of payment, is returned, our collection fee is reduced to 1/2 of the standard
fee.
How soon can I expect my money once the debtor remits payment to you?
The standard industry hold period —the time between collection of the debt until the funds are
sent to the creditor is 30 days. Caine & Weiner's weekly remittance holdover period is just 10-
days!
If I'm not pleased with your service what recourse do 1 have?
Client satisfaction is our highest priority. If you have any concerns about the service you have
received you may contact your Client Relations Representative or our Customer Service
Department.
OX
I
Is an unlicensed or non -compliant agency contacting your customers for payment?
Why take unnecessary risks by using an agency performing collection
activity in violation of state regulations.
With different requirements in each state regulating collection activity, many agencies are not compliant. By using
the trustworthy services of Caine & Weiner, you are assured that all 3rd party contact on your behalf, in every
state, is conducted legally and professionally, ensuring that your company's best interests are notjeopardized.
Caine & Weiner protects you!
Alabama
License not required
Nebraska
Licensed
Alaska
Letter of Exemption
Nevada
Licensed
Arizona
Licensed
New Hampshire
License not required
Arkansas
Licensed
New Jersey
Licensed
Califomia
License not required
New Mexico
Licensed
Colorado
Licensed
New York State
Licensed not required
Connecticut
Licensed
NYC, New York
Licensed
Delaware
Licensed
Buffalo, New York
Licensed
Florida
Licensed
North Carolina
Licensed
Georgia
License not required
North Dakota
Licensed
Hawaii
Registered
Ohio
License not required
Idaho
Registered
Oklahoma
License not required
Illinois
Licensed
Oregon
Licensed
Indiana
Licensed
Pennsylvania
License not required
Iowa
Registered
Rhode Island
License not required
Kansas
Registered
South Carolina
License not required
Kentucky
License not required
South Dakota
License not required
Louisiana
Certificate of Authority
Tennessee
Licensed
Maine
Licensed
Texas
License not required
Maryland
Licensed
Utah
Registered
Massachusetts
Licensed
Vermont
License not required
Michigan
Licensed
Virginia
License not required
Minnesota
Licensed
Washington
Licensed
Mississippi
License not required
West Virginia
Licensed
Missouri
License not required
Wisconsin
Licensed
Montana
License not required
Wyoming
Licensed
www.caine-weiner.com
INSURANCE AND BONDING
General Liability
The Hartford
Client Bond
Liberty Mutual Insurance Co.
Errors & Omissions
Executive Risk Indemnity/Chubb
Crime & Fidelity Bond
Chubb
Employment Practices
American Safety Casualty Insurance Co.
Workers Compensation
Employers Compensation Insurance Co.
Umbrella
National Union Fire Insurance Co.
$2,000,000/$4,000,000
$500,000
$2,000,000
$1,000,000
$2,000,000
$1,000,000
$1,000,000
The Association of Law Lists of the Commercial Law League of America
provides bonding up to $3,000,000.
Commercial Collection Agency Association
Certified by the Commercial Law League of America
American Collectors Association
International Association of Commercial Collectors
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Caine & Weiner's vital role in the U.S. economy
By recovering delinquent debt, that would otherwise go uncollected, Caine & Weiner
and other debt collection providers directly benefit the U.S. economy
Collection agencies returned $44.6
billion of collected debt, in 2010,
to creditors, directly benefiting the
U.S government, American
households and businesses.
The data, published in February,
2012 from a survey conducted by
Ernst & Young LLP, on behalf of
ACA International, underlined the
value of third -party debt collection
to the U.S. economy.
Third party debt collection
providers employ thousands of
Americans as collection
professionals to collect past due
accounts from various credit
grantors such as credit card
issuers, banks, retail stores, health
care providers and others. Federal,
state and local governments also
utilized their expertise to recover
uncollected taxes, fines and other
unpaid governmental obligations.
From the government perspective
the recovery of delinquent tax
dollars reduces the need for future
tax and fee increases or cuts in
services to their constituencies.
For consumers the benefit of third
party debt collection can be seen
through reduced consumer prices
and greater consumer purchasing
power. Businesses benefit from
third -party debt collection because
debt recoveries help keep their
costs down and reduce their risk of
financial insolvency and
bankruptcy that could result from
unrecovered bad debt.
"Caine & Weiner takes
Caine & Weiner 2012
considerable pride in our
contributions to the nation's
economy," said Greg A. Cohen,
Caine & Weiner's President and
CEO. "Millions of dollars have
been successfully recovered on
behalf of our clients, enabling
them to grow their businesses,
provide employment and be
successful business entities. I'm
very proud of what our dedicated
team of professionals have
accomplished."
The survey found that
approximately 148,300 people are
employed in the debt collection
industry, including 133,900
fulltime employees, 12,900 part
time and 1,500 contract
employees. The total industry
payroll is nearly $5.0 billion;
another $1.8 billion is spent on non
-labor expenditures.
U.S. debt collection agencies also
support the indirect employment of
an additional 152,000 individuals
in industries that provide goods
and services to them. Considering
both the direct and indirect
economic impacts of the debt
collection industry, the total
employment impact on the U.S. is
nearly 302,000 jobs with a total
payroll impact of $10.1 billion.
Charitable institutions benefited by
receiving approximately $85
million from the industry in 2010.
Agency employees devoted
652,000 hours of company
sponsored volunteer activities.
With baby boomers now entering
retirement age, it's not surprising
that health care related debt is the
leading category of debt
collection among survey
respondents, accounting for more
than half of all debt collected in
the industry. Credit card and
financial debt is the next category
with 201/o of debt collected.
Utility, telecommunications,
student loans, commercial and
government debt each comprise
less than 10 percent of debt
collected.
U.S debt collection agencies were
estimated to directly create $495
million of federal tax. $289
million of state tax and $221
million of local tax for a
combined tax impact of more than
$1 billion.
The survey data collected by
Ernst & Young LLP took place
between September and
November of 2011 and consisted
of ACA International members
and non-member contacts.
Greg A. Cohen
President & CEO
Caine & Weiner
5
International Services
G l .I al
jig
;GCS Partner Locations
Argentina,' Lebanon'=
,Agslrella Lithuania
Austria -'Macedonia
Bahreim '. Malawi
Bangladesh Malaysia
Belgium, Malta
BermudaMauritius
Bosnla ' Mexico
Botswana ,Monaco
Brazil .Netherlands
Bulgaria New Zealand "
Burma ;Nigeria
Cambodia Norway
Canada." ` ' Oman
Caribbean Pakistan
Chile `. Panama
China Paraguay
Colombia Peru
Croatia Philippines
Cyprus Poland
Czech Republic Portugal
Denmark Qatar
Dominican Republic Romania
Egypt Russian Federation
El Salvador Saudi Arabia
Estonia Serbia
Fiji Singapore
Finland Slovenia
France South Africa
Germany Spain
Ghana Sri Lanka
Greece Sudan
Guam Sweden
Hong Kong Switzerland
Iceland Syria
India Taiwan
Indonesia Tanzania
Iran Thailand
Iraq Trinidad & Tobago
Ireland Tunisia
Israel Turkey
Italy Uganda
Japan UK
Jordan Ukraine
Kazakhstan United Arab Emirates
Kenya USA
Korea (south) Venezuela
Kuwait Yemen
Laos Zambia
Caine & Weiner's global network of collection partners reduces the
risk for businesses engaged in International commerce
Caine & Weiner, as an active alliance partner of Global Credit Solutions (GCS) can provide debt
collection and risk management services to companies conducting businesses outside of the U.S.
Though our global network of GCS partners, we have full -service centers in 90+ countries, with over
4000 employees. With knowledge of local customs, cultures and proven collection experience in their
respective countries, our partners communicate with your customers locally in their own language —
providing a strategic advantage over creditors thousands of miles away attempting to reach them.
Files are handled on a contingent basis. Legal action is undertaken only with the client's approval.
Corporations engaged in business outside of the U.S. are better able to manage their accounts
receivable and minimize their risk by leveraging strategic information.
International services provided
• 1st & 3rd party commercial & consumer
collection services
• Investigations
• Due diligence reporting
• Credit/ business Reports
• Skip tracing
• Credit risk management
Investigations
A comprehensive financial and background analysis allows our client to respond immediately to
suspected criminal or civil wrongdoing. The report is individually researched and double -verified for
accuracy.
Due Diligence Reporting
Due diligence reporting is available on every file, minimizing your risk and keeping you updated at all
times on the status of your files.
Credit/Business Reports
Credit reports, ranging from verbal file checks to written trade and status reports are also available to
you through our International services division. Corporate information regarding directors,
shareholders, operations, trade and mercantile background as will as financial data is investigated and
discreetly shared with you.
Skip tracing, Process serving, litigation & Judgment execution
One of the most frustrating experiences is to be unable to locate a person or the assets that will
enable a recovery. We can carry out this vital task through our skip tracing resources in over one
hundred countries.
Credit Risk Management
• Assess operations & procedures of customers
• Identify areas where their may be exposure to risk
• Determine options to reduce or offset the risk
• Provide a comprehensive report with recommendations
• Assist or implement agreed recommendations with management
• Conduct audits to ensure recommendations achieve the desired effects
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ASSOCIATION
With over 6,000 collection agencies in the U.S. to
pick from doesn't it make sense to use the best?
Tha Cmart Choice!
Alliance Partners
www.caine-weiner.com
Los Angeles Chicago Louisville Buf
NACM Midwest
'Caine &Weiner has been an excellent
c, alliance partner for our Association over the
past three years. They provide our
membership Mitt exceptional service and
outstanding resells. It has been great to be
able to nod svnh such a reputable agency.'
y ~ — Phil Lattanzio, CCE
President of NACM Midwest
For over seven decades the world's leading businesses have relied on Caine & Weiner's ' t,ommerouI thin Parry uentc.onecnons
team of certified collectors to collect their bad debts and past due accounts.
> Consumer Third Party Debt Collections '
Caine & Weiner is a leading Full -service Accounts Receivable Management Enterprise,
> First Party outsourcing
with a network of National .Collection Centers strategically located throughout the
> International Credit. Collection & Investigation Services
country. Client satisfaction is our highest priority. Since 1930 we have delivered
> Letter -Writing Services
outstanding performance and unmatched service to our world wide clients.
) What Sets Caine & Weiner apart....
Our team of tenured collection professionals, supported with cutting -edge technology,
Bell
has the skills to help you accomplish your accounts receivable management objectives.
Collections are handled on a contingent collection basis —no collection no charge.
> Collection Expertise in Every Major Industry
Click here for your copy of.•
> PIF2 - Maximum Recoveries
'Everything You Ever Wanted to Know About Collections But Were Afraid to Ask."
> Impeccable Service
> Thorough Accountability
Professional & Ethical
> Compliance
CWConnect ' Global Credit Solutions Alliances & Partnerships ' Express Pay
Accessing your Flies 11. .j lntemational services M Strategic business Partners Two caste on
TheBiz
Credit & Collection News from Caine & Weiner
J Auto tales post best August in five years
4 SaP/Ezperian: Consumer defaults drop
In August
Caine & Weiner expands Southwest Center
Woodland Hills, CA —On Monday, September
17th, following several weeks of preparations,
normal business operations resumed at Caine
& Weiners newest center in Addison, Texas
located within the greater Dallas area.
The move to larger facilities from their former
site in Plano, TX. where they have conducted
operations since May of 2010, was needed to
accommodate Caine & Weiner's growing work
force and provide the opportunity for continued
expansion while managing their high level of
customer service to their clientele.
With increased demand for Caine & Weiners
domestic and international accounts receivable
management solutions and expertise, this
latest relocation to larger facilities follows
similar moves at each of their other centers in
Los Angeles, Chicago, Buffalo and most
recently in Louisville.
full -service center and add to our existing
staff," said Greg Cohen, Caine & Weiners
President & CEO, "reflects our steadfast
commitment to serve all our stake -holders in
our on -going pursuit to deriver the optimal
performance and exceptional service with the
best -in -class industry professionals."
The new office suite is located in the upscale
Addison Plaza which is situated in a highly 16200 Addison Rd. Suite #190
desirable hub of commerce, providing access Addison, TX 75901
=' and greater visibility to the industry work force. 972-248-6499
972-248-7544 Fax
Our decision to expand to a larger Southwest
Foreclosure starts fell on annual basis in August
By Alex Veiga
Associated Press -
LOS ANGELES—The evolution of the U.S.
foreclosure crisis is increasingly diverging
along state lines.
On a national level, fewer homes were
placed on the foreclosure track last month
than in August last year, when they hit a 17
-year high, foreclosure listing firm
RealtyTrac Inc. said Thursday.
At the same time, so-called foreclosure
starts increased .almost exclusively in
states like -Florida and New York, where
the courts must sign off an foreclosures,
the firm said.
Conversely, in many so-called non -judicial
states, like California and Arizona, the
number of foreclosure starts declined
versus August last year.
Full story
Rising gas prices crimp Americans' spending
By Christopher S. Rugaber
Associated Press
WASHINGTON -- Higher gas prices
are crimping consumer spending and
slowing the -already -weak. U.S..
economy. And they could get worse in
the coming months.
The -Federal Reserve this week took
steps to boost economic growth. But
those stimulus measures are also
pushingoil prices up. If gas prices
follow,consumers will have less
money to spend elsewhere.
The impact of the Fed's actions "is
likely to weigh on the value of the U.S.
dollar and lift commodity prices," said
Joseph Carson, U.S. economist at
Alliance Bernstein. "We would not be
surprised if (it) fueled more inflation in
coming months, squeezing the real
income of U.S. workers."
Americans are already feeling pinched
by high unemployment, slow wage
growth and higher gas prices.
Consumers increased their spending
at retail businesses by 0.9 percent in
August, the Commerce Department
reported Friday. But that was largely
because they paid more for gas.
Excluding the impact of gas prices and
a sizeable increase in auto sales, retail
sales rose just 0.1 percent.
Perhaps more telling is where
Americans spent less. Consumers cut
back on clothing, electronics and at
general merchandise outlets —
discretionary purchases that typically
signal confidence in the economy.
Gas prices have risen more than 50
cents per gallon in the past two
months. The national average was
$3.87 a gallon on Friday. Most of the
increase took place in August, which
drove the biggest one -month increase
in overall consumer prices in three
years, the Labor Department said
Friday in a separate report.
"Consumers were not willing to spend
much at the mall since they are feeling
the pump price pinch," said Chris
Christopher, an economist at IHS
Global Insight.
Weaker retail sales will likely weigh on
growth in the July -September quarter.
Economists at Bank of America Merrill
Lynch slashed their third-quarter
growth forecast to an annual rate of
only 1.1 percent, down from 1.5
percent. That's not nearly fast enough
to spur more hiring, which has
languished since February.
The Fed is hoping to kick-start growth
with a series of bold steps announced
Thursday that could make borrowing
cheaper for years.
Full story
Richest 400 Americans' net worth jumps 13 percent to $1.7 trillion: Forbes
B Dan Bums
NEW YORK The net worth of the
richest Americans grew by 13 percent
in the past year to $1.7 trillion, Forbes
magazine said,. and a familiar cast of
characters once again populated the
top of the magazine's annual list of the
U.S. uber-elite, including Bill Gates,
Warren Buffett, Larry Ellison and the
Koch brothers.
The average net worth of the 400
wealthiest Americans rose to a record
$4.2 billion, the magazine said.
Collectively, this group's net worth is
the equivalent of one -eighth of the
entire U.S. economy, which stood at
$13.56 billion in real terms according
to the latest government data. But the
13 percent growth in the wealth of the
y
Reuters
richest Americans -far outpaced that of
the economy overall, helping widen the
chasm between rich and poor.
Bill Gates, the chairman of.Microsoft
Corp, :topped the list for the 19th year
in a row with $66 billion, up $7 billion
from a year earlier.
Warren Buffett, chairman and chief
executive of insurance conglomerate
Berkshire Hathaway Inc, stood second
with $46 billion, followed by Larry
Ellison, head of software maker Oracle
Corp, with $41 billion; and the Koch
brothers, Charles and David, who run
the energy and chemicals
conglomerate that bears their name,
Koch Industries, were tied for fourth
with $31 billion, Forbes said.
The ranks of the top five were
unchanged from'a year earlier.
Two notable names dropped from the
top. 10, however. Casino- magnate
Sheldon Adelson, also active in
conservative political causes, fell to the
12 spot from No. 8 last year, and
financier George Soros dropped five
spots to No. 12 from the No. 7 position
one year ago.
The disappointing stock market debut
of Facebook Inc also took a toll on the
fortune of its founder and CEO, Mark
Zuckerberg. His net worth fell by nearly
half to $9.4 billion, and he slid to the
No. 36 slot from No. 14 a year ago,
Forbes said.
Professional Service, Personal Attention —Proven Resultsl
Demand for credit rises as overall consumer risk falls
By Darren Waggoner
Credit and Credit Risk
Demand for consumer credit showed
an increase of 21.4 percent in the
second quarter ended June 30
compared with the year-ago period,
according to TransUnion's Total
Inquiry Index.
"The increase in consumer -initiated
inquiries indicates stronger consumer
demand for credit, and may be a
signal that consumers are beginning
to increase their spending on
discretionary items and larger -ticket
purchases, reflecting stronger
consumer sentiment and confidence
toward the U.S. economy," says
Charlie Wise, director of research and
consulting in TransUnion's financial
services business unit.
TransUnion's Credit Risk Index, a
gauge of the risk inherent in the U.S.
credit -using population, fell in the
second quarter, reversing the
increases seen in the prior two
quarters. A higher index indicates a
higher level of credit risk.
"it was good to see the credit risk level
decline this quarter to roughly the
same level it was last year," says
Wise. "Delinquency rates for major
loan types have all declined in the first
half of 2012, and that contributed to
the drop in the risk index in the second
quarter."
The Credit Risk Index decreased
1,57 percent in the second quarter
compared with the prior quarter,
from 123.98 to 122.03. On a year -
over -year basis, the Credit Risk
Index had a nominal 0.66 percent
Increase.
Delinquency rates for major
consumer loan types, including:
bankcard, auto, and mortgage, all
declined on a quarter -over -quarter
basis in each of the first two quarters
of 2012. Delinquency rates for each
of these loan types remained flat or
declined year -over -year from 02
2011 to 02 2012, These
improvements in loan delinquency
rates have offset moderate
increases in consumer borrowing:
over the past year.
Full Slimy
Home sales jump to highest
since May 2010
By Christopher S. Rugaber
Associated Press
WASONGTON — A jump in sales of
previously occupied homes and further
gains in home construction suggest the
U.S. housing recovery is gaining
momentum.
Sales of previously occupied homes rose
7.8 percent in August from July to a
seasonally adjusted annual rate of 4.82
million, the National Association of Realtors
said Wednesday. That's the highest level
since May 2010, when sales were aided by
a federal home -buying tax credit.
At the same time, builders broke ground on
2.3 percent more homes and apartments in
August than July. The Commerce
Department said the annual rate of
construction rose to a seasonally adjusted
750,000. The increase was driven the best
rate of single-family home construction
since April 2010.
The pair of reports comes amid other signs
of steady progress in the housing market
after years of stagnation. New -home sales
are up, builder confidence is at its highest
level in more than six years and increases
in home prices appear to be sustainable.
Auto sales post best August in five years
By Bernie Woodall and Deepa Seetimamn
Reuters
DETROIT—Automakers turned in their All three Detroit automakers inctenaaeri
best August since before the 2007-09- August sales more than analysts Road
recession, with l S. monthly auto sales expected.
rising 20 percent from a year ago as
consumers with aging vehicles showed
more confidence in buying big -ticket
items on easier credit terms.
Big sales gains were achieved by
Japan's Toyota Motor Corp <7203.T>
and Honda Motor Co <7267.T>, which
continued to recover after last year's
earthquake and tsunami.
Total sales for the month wewe
1,285,202 vehicles, according to
Autodata Corp, the highest m.. tty
sales figure for any August state 20-07.
when 1.47 million autos were sold: in
the United States.
"The reason for the improvement is that
consumers are feeling better about
makng big -ticket item purchases," said
Jesse Toprak, autos analyst with
TmreCancom.
He also said that new models from
Detroit and foreign automakers gave
consumers"the best selection ever."
The auto sales pace last month was
the latest sign suggesting consumer
spending fared better early in the third
quarter after weak consumption held
back economic growth to a 1.7 percent
annual pace from April through June.
Full story
Caine & Weiner —Since 1930, the world -class accounts receivable
management solution for the global business community
Established in 1930 by Sidney Caine and Charles Weiner, the firm has offices
strategically located across the country to service their 2,500 clients.
S&P/Experian: Consumer defaults drop in August
By Ben Fox
Market Watch
Consumer defaults in August
declined for the eighth
consecutive month, as nearly
all loan types posted their
lowest rates since the end of
the recession, according to a
monthly survey from Standard
& Poor's Indexes and
Experian PLC (EXPGY,
EXPN.LN).
The composite index
recorded a post -recession low
of 1.5% last month, down
slightly from 1.51% in July. A
year-earlier, the rate was
2.04%.
Only auto loan default rates
rose, to 1.09% from 1.01% in
July. Still, the rate was below
the 1.31% recorded a year
ago.
Bank card defaults fell to
3.77%, from 3.83% in July
and 5.26% last year.
First mortgage defaults
dropped to 1.4%, from 1.41%
in July and 1.92% a year ago.
Second mortgage defaults fell
to 0.72%, the lowest rate in its
history of over eight years and
below the 0.75% in July and
1.27% last year.
"While continuing to fall, most
of the August changes in
default rates were small
compared to what we saw in
the first half of the year,' says
David M. Blitzer, chairman of
the index committee for S&P
Dow Jones Indices. "As the
consumers' financial condition
continues to improve their
credit default rates showed
small changes from July to
August, in most cases the
trend was either down or flat."
Geographically, default rates
in August from July were flat
in New York City, fell in Los
Angeles, and rose in Chicago,
Dallas and Miami.
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8 Weiner
CLIENT
INVENTORY
09:08AM 06-21-07
P.O.
Box 5010
Woodland
Hills, CA
91365-5010
ASSIGNMENT DATE
06-01-06 TO 06-21-07
-
-
CLIENT:
DEBTOR q
DEBTOR NAME
CLI-REF H
DT-ASGM
PN-ASGN
PRN-COLL
CAN-AMT
BALANCE
LST-PAY
STS -
2204904
A
247750005
07-17-06
4796.00
0.00
4796.00
0.00
COB
2369917
A[
263606803
10-03-06
4297.20
1000.00
0.00
3297.20
10-17-06
PAY
2342236
A[
287243600
09-18-06
599.00
0.00
599.00
0.00
Cu
2856282
AT
LTANTS
262526600
06-18-07
7440.00
0.00
0.00
7440.00
ACT
2389564
AT
203391300
10-12-06
698.75
698.75
0.00
0.00
12-15-06
PIF
2856285
AT
FORMING
269510006
06-18-07
1225.00
0.00
0.00
1225.00
ACT
2176295
At
RY
279557703
06-30-06
44120.50
0.00
44120.50
0.00
C08
2389565
AI
203424,804
10-12-06
11888.00
11888.00
0.00
0.00
10-20-06
PIF
2571816
AT
208782302
01-17-07
7892.64
2095.00
0.00
5797.64
03-19-07
LEG
2647375
AT
232950001
02-26-07
912.00
311.41
0.00
600.59
05-31-07
PAY
2239104
AI
_
-
213321706
08-04-06
3120.00
3120.00
0.00
0.00
10-17-06
PIF
2136305
AT
y x?
619400003
- 06-09-06
333.00
333.00
0.00
0.00
07-24-06
PIF
2342235
AT
{, ;
-
248489706
09-18-06
734.40
0.00
734.40
0.00
Cu
2342234
At
"'
i
284760000
09-18-06
698.75
698.75
0.00
0.00
09-25-06
PPA
2136307
Al
''3 �`�'--�
iNARDINO
216087804
06-09-06
1198.00
0.00
1198.00
0.00
CIE
2136308
81
�`��"
7RPORATED
200580004
06-09-06
800.00
800.00
0.00
0.00
06-29-06
PIF
2856287
BE
ur-rar..,'
253579303
06-1B-07
9593.02
0.00
0.00
9593.02
ACT
2204897
BI�j
i''}
''A>j,
240763703
07-17-06
9192.80
9192.80
0.00
0.00
08-16-06
PIF
2850761
C
-wx
!
261271006
06-14-07
500.00
0.00
0.00
500.00
ACT
2596909
Co
259512702
01-30-07
990.00
990.00
0.00
0.00
03-09-07
PIF
2666331
CI
w5..
1TRY
286929506
03-06-07
2198.24
2198.24
0.00
0.00
03-23-07
PIF
2225380
CI
!G CARE
203696205
07-27-06
2096.25
2096.25
0.00
0.00
08-07-06
PIF
2489148
Cl
r:;
",e!.,,;,..,�
31TY MS
251106402
12-05-06
1149.20
0.00
0.00
1149.20
ACT
2136306
CI^
244732003
06-09-06
1500.00
1500.00
0.00
0.00
06-21-06
PPA
x
2850765
C:..
24552760E
06-14-07
3125.00
0.00
0.00
3125.00
ACT
2712283
C:
c.<r:ee
275947700
04-02-07
2247.00
1400.00
0.00
847.00
05-22-07
PAY
217630E
C
289440104
06-30-06
526.85
526.85
0.00
0.00
07-78-06
PIF
2749598
CI
+,evN'
218447806
04-23-07
114.20
0.00
0.00
114.20
ACT
221189E
C(
f
258599600
07-19-06
2500.00
2500.00
0.00
-0.00
12-22-06
PPA
2136309
CI
272368806
06-09-06
825.00
825.00
0.00
0.00
07-18-06
PIF
2410794.
CI
.y .�ji
3E COMPAN
251669703
10-26-06
18468.00
18468.00
0.00
0.00
11-03-06
PIF
2615417
Cl
282532003
02-09-07
352.00
0.00
0.00
352.00
ACT
2369918
Cl
:E
239802500
10-03-06
264.00
264.00
0.00
0.00
12-01-06
PIF
2204913
Di
f
217822706
07-17-06
399.00
399.00
0.00
0.00
08-04-06
PIF
2821863
111
1
287462000
05.29-07
2229.00
0.00
0.00
2229:00
ACT
2204855
DI
1
299330301
07-17-06
9747.00
0.00
9747.00
0.00
BAN
2796440
DI
EDIT)
054379102
05-21-07
660.00
0.00
0.00
660.00
ACT
CLIENT INVENTORY PAGE 2
DEBTOR #
2796438
DEBTOR
OR;
NAME
CLI-REF it
063348106
DT•ASGN
05-21-07
PN-ASGN
298.00
PRN-COLL
298.00
CAN-AMT
0.00
BALANCE LST-PAY
0.00 05-24-07
$IS
PPA
2561481
E 1
226362603
01-11-07
4226.06
0.00
0.00
4226.06
MIT
2454069
EC(
RIES
218758606
11-15-06
10058.00
10058.00
0.00
0.00
01-03-07
PIF
2211886
EN1
)EVELOPM
293533800
07.19-06
788.75
0.00
788.75
0.00
Cu
2369919
ESI
280247100
10-03-06
216.00
216.00
0.00
0.00
11-20-06
PIF
2204898
FA(
278341700
07-17-06
1983.75
1983.75
0.00
0.00
07-25-06
PIF
2204891
FL(
227633000
07-17-06
510.00
0.00
510.00
0.00
CU
2647374
FO(
245933004
02-26-07
10992.85
0.00
0.00
10992.85
ACT
2596910
FO(
281923600
01-30-07
9009.21
0.00
9009.21
0.00
COB
2290521
FIN
229043006
08-30-06
1869.00
1869.00
0.00
0.00
11-28-06
PIF
2204910
F01
285014800
07-17-06
930.00
930.00
0.00
0.00
08-03-06
PIF
2561483
FRI
)1STRICT
247215301
01.11-07
2595.00
2595.00
0.00
0.00
01-24-07
PIF
2749600
PUP
219977704
04-23-07
425.00
0.00
0.00
425.00
ACT
2856289
G !
649100001
06.18.07
1225.86
0.00
0.00
1225.86
ACT
2609216
GHI
244220900
02-05-07
3240.00
3240.00
0.00
0.00
03-27-07
PIF
2507634
GO(
t";m^zx
242159503
12-13-06
5094.56
5094.56
0.00
0.00
01-30-07
PIF
2204906
AIR,
L`s%,"'rc'
21
232166804
07-17-06
9312.22
7500.00
0.00
1812.22
06-20-07
PAY
2530305
GF
274983004
12-27-06
3450.00
3450.00
0.00
0.00
01-05-07
PIF
2176300
GRI
219393005
06-30-06
232.50
232.50
0.00
0.00
08-11-06
PIF
2204908
HAI
�.:'rara
ITION
265613504
07-17-06
905.00
905.00
0.00
0.00
03-27-07
PIF
2856290
HAIxaz
275131802
- 06.18-07
520.00
0.00
0.00
520.00
ACT
2680684
HAI,..,.,.
226244900
03-15-07
3265.50
0.00
3265.50
0.00
CAN
2530306
ME/
EAL ESTA
241384706
12-27-06
3745.10
3745.10
0.00
0.00
01-17-07
PIF
2596911
HIP
B �"j ,'
S
295613102
01-30-07
2176.00
2176.00
0.00
0.00
02-02-07
PIF
2410796
XDI
q;2
240479805
10-26-06
2345.00
0.00
0.00
2345.00
ACT
2225373
NU[
INC
220344003
07-27-06
770.90
770.90
0.00
0.00
09-15-06
PIF
2342233
HUI
-a:m'ws
D CITY
272275006
09-18-06
2262.50
2262.50
0.00
0.00
11-03-06
PIF
2211884
IN-
275954000
07-19-06
2155.00
2155.00
0.00
0.00
08-07-06
PIF
2176299
IRI
?v'C:L:uid+lid
$
245194806
06-30-06
35850.00
0.00
35850.00
0.00
COB
2749602
IRA
2T.'?s
�
EGE OF
293886407
04-23-07
7091.10
7091.10
0.00
0.00
04.26-07
PPP
2465966
JM
233437503
11-22-06
3244.61
3244.61
0.00
0.00
01-30-07
PIF
2489149
JMI
'''"�'�"g;
233437503
12-05-06
249.64
249.64
0.00
0.00
02-12-07
PIF
RE CONSU
254759503
10-12-06
19105.80
17712.80
1393.00
0.00
11-22-06
CPN
2389566
J01
�:a�„t4%
2561485
J01
a.- (s.
NO
289534803
01-11-07
300.00
300.00
0.00
0.00
01-12-07
PIF
2162881
JU!
A.
264394DOI
06-22-06
582.00
582.00
0.00
0.00
06-30-06
PIF
2596912
KEI
ax„.,�R,+
HOUSE
246769806
01-30-07
530.00
530.00
0.00
0.00
03-09-07
PIF
2647377
KE1
257881002
02-26-07
128.00
128.00
0.00
0.00
05-18-07
PIP
2465963
KI1
288739802
11-22-06
5304.78
0.00
5304.78
0.00
BAN
2389567
KII
256628702
10-12-06
4139.00
0.00
4139.00
0.00
COB
2455810
KII
271943302
11-16-06
3980.75
3980.75
0.00
0.00
02-14-07
PIF
2211889
Kit
SUZUK1
296158203
07-19-06
1994.21
1994.21
0.00
0.00
08-07-06
PIF
2796441
LAI
SNYDER
028934102
05-21-07
1160.25
0.00
0.00
1160.25
ACT
2732552
LEI
NCY INC
661410002
- 04-16-07
1829.20
0.00
0.00
1829.20
ACT
2507635
Lit
285561500
12-13-06
275.00
0.00
275.00
0.00
Cu
2489150
LOI
222165005
12-05-06
2188.40
2188.40
0.00
0.00
12-12-06
PIF
2239105
MAI
202575004
08-04-06
10752.00
4480.00
6272.00
0.00
08-11-06
CPN
2561487
MAI
233675002
01-11-07
230.00
230.00
0.00
0.00
04-11.07
PIP
2225372
MAI
AN
253870105
07-27-06
550.29
550.00
0.29
0.00
08-11.06
PIT
CLIENT INVENTORY PAGE 3
DEBTOR # DEBTOR NAME CLI-REF # DT-ASGN PM-ASGN PRM-LOLL CAM-AMT BALANCE LST-PAY STS
2136303
M
275829805
06-09.06
535.00
535.00
0.00
0.00
06-12-06
PIF
2796442
M
050010203
05-21-07
712.00
0.00
0.00
712.00
ACT
2465964
M
258843605
11-22-06
121.52
0.00
121.52
0.00
Cu
2225371
M
:LES
295934004
07-27.06
676.00
676.00
0.00
0.00
08-22-06
PIF
2546565
M
236929501
01-04.07
9595.00
9595.00
0.00
0.00
01-12-07
PIF
2530307
M
237976701
12.27-06
1397.50
1397.50
0.00
0.00
12-29-06
PPA
2211882
N
KIP
214183804
07-19-06
1596.00
0.00
1596.00
0.00
Cu
2680683
N
247630902
03.15-07
5850.56
5850.56
0.00
0.00
04.25-07
PIF
2239107
N
296691603
08-04-06
235.11
235.11
0.00
0.00
08-18-06
PIF
2136304
0
270785804
06-09-06
1797.00
1797.00
0.00
0.00
06-27-06
PIF
253030E
0
273220905
12-27-06
4044.00
0.00
0.00
4044.00
ACT
2342238
01
ICES 263831201
09.18-06
232.50
0.00 .
232.50
0.00
CNL
2136310
0
ES INC 288610906
06-09-06
915.00
915.00
0.00
0.00
08.31-06
PIF
2749654
P,
265107006
04-23-07
1167.00
0.00
0.00
1167.00
ACT
2678434
P.
ONG BEACH 215352605
03-14-07
9000.00
9000.00
0.00
0.00
05.18-07
PIF
2507636
P
N 206845800
12-13-06
1400.00
0.00
1400.00
0.00
DUP
2530309
P"
RVICES 248227000
- 12-27.06
2395.00
2395.00
0.00
0.00
01.12-07
PIF
2225370
PI
T`
ISING 612800005
07-27-06
3247.00
1623.50
1623.50
0.00
08.16-06
CPN
Z369920
P
263679500
10-03-06
2190.00
2190.00
0.00
0.00
10-09-06
PPA
2239103
RI1'g'
PROPERTIE 247143805
08-04-06
4556.16
4556.16
0.00
0.00
02.26-07
PIF
2647376
RI
228304904
02-26-07
4859.05
0.00
0.00
4859.05
ACT
2850766
RI
%..
215916304
06-14-07
12999.00
0.00
0.00
12999.00
ACT
2489151
RI
265613902
12-05-06
1024.00
1024.00
0.00
0.00
12-14.06
PIF
2680879
R:
236094703
03-15-07
5796.00
5796.00
0.00
0.00
04-30-07
PIF
2680878
Rf
264831803
03.15-07
3376.00
3376.00
0.00
0.00
05.23-07
PIF
2410797
SI
pan:^„�
219528002
10-26-06
9057.00
9057.00
0.00
0.00
11-10-06
PIF
2596913
SI
LLC 254138603
01-30.07
4005.00
4005.00
0.00
0.00
05-08-07
PIF
2850767
SI
a mw a
.�s
219673801
06-14-07
745.00
0.00
0.00
745.00
ACT
2796443
SI
Y °
055944103
05-21-07
1216.80
1216.80
0.00
0.00
06-07-07
PIF
2204858
Sf
(
266956701
07-17-06
9591.25
0.00
0.00
9591.25
LEG
2341957
S1
210132300
09-18-06
135.00
135.00
0.00
0.00
04.04-07
PIF
2821865
51
y9
FY 299958304
05.29-07
11270.00
100.00
0.00
11170.00
06.12-07
PAY
2561490
S1
217198601
01-11.07
837.00
0.00
.837.00
0.00
CAN
2162879
Si
628210004
06-22-06
12189.00
12189.00
0.00
0.00
08-15-06
PIF
2225376
SL
297266502
07-27-06
264.00
264.00
0.00
0.00
12-20.06
PIF
2204850
SL
;-max''"
SSION HIL 288086503
07-17-06
7737.73
7737.73
0.00
0.00
08-31-06
PIF
2454109
TA
219691905
11-15.06
6268.00
6268.00
0.00
0.00
01-30-07
PIF
2796444
TE
018520202
05-21-07
702.00
0.00
0.00
702.00
ACT
2211887
TE
IANCIAL 202430900
07-19-06
1807.00
0.00
1807.00
0.00
COB
2454110
TE
216090206
11-15-06
1117.50
1117.50
0.00
0.00
03-12-07
PIF
2796447
TH
041189105
05-21-07
1062.00
688.50
0.00
373.50
06.11.07
PAY
2489152
TH
;IVE SVCS 257829003
12-05-06
5235.00
5235.00
0.00
0.00
12-14.06
PIF
2561491
TI
273017006
01-11-07
3899.08
3899.08
0.00
0.00
03-28-07
PIF
2733972
TC
:ONTROL 298894702
04.16-07
1292.75
0.00
0.00
1292.75
ACT
2530310
TC
239242802
12-27-06
1475.00
1475.00
0.00
0.00
02-28-07
PIF
2369921
TR
250800900
10-03-06
875.00
525.00
0.00
350.00
11-16-06
PAY
2666329
TU
233584503
03-06.07
1999.00
1999.00
0.00
0.00
03-27-07
PIF
2454111
UN
AL 224802900
11-15-06
850.00
0.00
850.00
0.00
Cu
CLIENT INVENTORY PAGE 4
DEBTOR k
DEBTOR
NAME
CLI-REF N
DT-ASGN PN-ASGN
PRN-COLL
CAN-AMT
BALANCE LST-PAY
STS
2561493
UNIX
LIARY SERVICE
299370002
01-11-07
3246.00
3246.00
0.00
0.00 02-20-07
PPA
2850768
US A
260466006
06-14-07
2962.00
0.00
0.00
2962.00
ACT
2796445
VALLTHEATRE
069400203
05-21-07
2712.00
0.00
0.00
2712.00
ACT
2225378
VASTTION
fl
290468802
07-27-06
698.75
698.75
0.00
0.00 07-31-06
PIF
2162880
WES%SOUND
INSTIT
251614602
06-22.06
2701.60
2701.60
0.00
0.00 07-14-06
PIF
2342237
WEST
278718204
09-18-06
5400.85
5400.85
0.00
0.00 02-21-07
PIF
1715197
WIREIMUNICATIONS
218867305
03-28-07
3049.75
0.00
0.00
3049.75
ACT
ACCOUNTS LISTED
140
NET ASSIGNED
391,164.10
TOTAL
CANCELLED
136,469.95
TOTAL ASSIGNED
527,634.05
TOTAL BALANCE
118,195.59
TOTAL
COLLECTED
272,968.51
Caine & Weiner 09:08AM 06-21-07
PERFORMANCE STATISTICS
LST ASGN:
06-18-07
--------
ASSIGNED --------
------
COLLECTED
------
---CANCELLED---
-OPEN
ACCOUNTS -
IV
AMOUNT
AVG
#
AMOUNT
%
N AMOUNT
p
AMOUNT
MONTH TO
DATE
10
40335
4033
1
1897
0
1 837
10
40335
YEAR TO
DATE
55
181073
3292
36
127422
43
16 105725
31
95607
TOTAL TO
DATE *
2701
5403628
2001
1574
3300784
79
651 1208636
476
894208
* May vary from Client Inventory totals because of purging, abnormal updates, or status exclusions
SUMMARY OF STATISTICS BY STATUS
_______________________________
STATUS
NUMBER
ASSIGNED
CANCELLED
NET ASSIGNED
COLLECTED
BALANCE
RCVY%
ACT
28
80130.13
0.00
80130.13
0.00
80130.13
0.00
BAN
2
15051.78
15051.78
0.00
0.00
0.00
0.00
CAN
2
4102.50
4102.50
0.00
0.00
0.00
0.00
CNL
1
232.50
232.50
0.00
0.00
0.00
0.00
COB
6
99721.71
99721.71
0.00
0.0.0
0.00
0.00
CPN
3
33104.80
9288.50
- 23816.30
23816.30
0.00
100.00
CU
9
6672.67
6672.67
0.00
0.00
0.00
0.00
DUP
1
1400.00
1400.00
0.00
0.00
0.00
0.00
LEG
2
17483.89
0.00
17483.89
2095.00
15388.89
11.98
MRT
1
4226.06
0.00
4226.06
0.00
4226.06
0.00
PAY
7
29975.42
0.00
29975.42
11524.91
18450.51
38.45
PIF
70
216611.24
0.29
216610.95
216610.95
0.00
100.00
PPA
8
18921.35
0.00
18921.35
18921.35
0.00
100.00
140 527634.05 136469.95 391164.10 272968.51 118195.59 69.78
SUMMARY OF STATISTICS BY AGE OF ACCOUNT
_______________________________________
CATEGORY
NUMBER
ASSIGNED
CANCELLED
NET ASSIGNED
COLLECTED
BALANCE
RCVY%
UP
TO
30
35
250772.33
114885.99
135886.34
82228.88
53657.46
60.51
UP
TO
60
19
97342.31
1807.00
95535.31
65267.45
30267.86
68.32
UP
TO
90
36
76802.85
7407.46
69395.39
50589.40
18805.99
72.90
UP
TO
120
36
89567.15
11257.50
78309.65
64494.57
13815.08
82.36
UP
TO
180
12
11751.91
1112.00
10639.91
8990.71
1649.20
84.50
UP
TO
360
2
1397.50
0.00
1397.50
1397.50
0.00
100.00
OVER
360
0.00
0.00
0.00
0.00
0.00
0.00
140
527634.05
136469.95
391164.10
272968.51
118195.59
69.78
SUMMARY OF STATISTICS BY AMOUNT OF ASSIGNMENT
_____________________________________________
CATEGORY
NUMBER
ASSIGNED
CANCELLED
NET ASSIGNED
COLLECTED
BALANCE
RCVY%
UP
TO
500
20
5304.47
629.02
4675.45
3284.25
1391.20
70.24
UP
TO
1000
29
21077.44
4319.44
16758.00
12468.41
4289.59
74.40
UP
TO
3000
39
71439.01
6001.00
65438.01
44920.25
20517.76
68.65
UP
TO
5000
21
78911.26
13824.00
65087.26
42486.20
22601.06
65.28
UP
TO
10000
20
153208.72
24060.99
129147.73
94913.60
34234.13
73.49
OVER
10000
11
197693.15
87635.50
110057.65
74895.80
35161.85
68.05
140
527634.05
136469.95
391164.10
272968.51
118195.59
69.78
COLLECTION LETTERS
einer
October 15, 2007
For. Ye Old Test Client
Client #
Ivan Glowinthedark too
Desk #
Mrs. Glowinthedark
Account #
Mr-1234 Cooling Tower -„
C&W Office -
Fairfield, Ct 10601
Amount
21210 ERWrN STREET
P.O. BOX 5010
WOODLAND HILLS, CA 91365-5010
TEL: (818) 226-6000
IAX:(818)226-6010
1
105
Aba123
(818) 902-4204
$633.64
We have been unable to reach you by telephone and have had no response to our correspondence. In
accordance with our policy to give you an opportunity to amicably resolve this debt prior to seeking
further remedies, which may adversely affect your credit history, we are again requesting your assistance
in this matter.
We therefore demand that your payment for the above stated balance be received in our office within ten
(10) days from the date of this letter. If you have any questions, please contact the undersigned
immediately:
Failure to comply will result in further collection action, which may include attorney involvement and
possible legal action In the event our attorney deems it necessary to file suit, you will be held liable for
all attorney fees, interest, court costs and any other miscellaneous expenses arising from this action
Sincerely,
CAINE & WEINER
For your convenience, we accept payment via the Internet
fwwdet Rfp Visit our ExpressPay option at www.expresspay-cw.com
(818) 902-4204
This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.
NOTICE. SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
P.O. Box 8500
Van Nuys, CA 91409-8500
Address Service Requested
RD198
PERSONAL & CONFIDENTIAL
#BWNFMTN
#0441 920013321548#
Ivan Glowinthedark
Mrs. Gloainthodark
Mr-1234 Cooling Tower
Fairfield, Ct 10601 .
RD198 000167P 1071 000002189 044192 Z-CRE
Make cbecks payable to Caine & Weiner,
or for credit card payment
You are hereby authorized to charge my credit card account
Check one: 1 Visa 17 American Express
❑ MasterCard
Card Number. _ _________
Expiration Date / / Paymlent Anlount
too
Cairn &Weiner
P.O. Box 8300
Van Nuis. CA 91409-8300
IG Iw i d ldrdlhn � l h d n lul ddl udlw ll urt lu nLJ l
ark"
einer
October 15, 2607
Ivan Glowiinledark
Mrs. Glowinthedark
Mr-1234 Cooling Tower
Fairfield, Ct 10601
212A ERWAI STREET
P.O. BOX 5010
WOODLAND HILLS, CA 91365-5010
TEL: (818) 226-6000
FAX: (818) 226-6010
For. Ye Old Test Client .
Client # : 1
100 _ Desk # : 105
Account # : Abc-123
C&W Office (818) 902-4204
Amount : $633.64
Please refer to C&W# : 100
Dear SidMadant
We are disappointed in your continued silence regarding the above unpaid balance. Your failure to discuss
this debt is leaving us no alternative but to take further action in order to protect our clients interests.
t
You have ten (10) days from the date of this letter to contact the undersigned with arrangements to clear
this balance.
This is an attempt to collect a debt Any information will be used for that purpose
Sincerely,
For your convenience, we accept payment via the.Intemet
FooedeZ Re,,r Visit our ExpressPay option at www. expresspay-cw. corn
(818) 9024204
This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
P.O. Box 8500 ,
Make checks payable to Caine & Weiner,
Van Nuys, CA 91409-9500"
or for credit card payment
Address Service Requested
You are hereby authorized to charge my credit card account
Check one: ❑ Visa: ❑ American Express -
Cl MasterCard
RD119
Card Number. ----.------------
PERSONAL & CONFIDENTIAL
Expiration Date: ! ! Payment Amount
#BWNFMTN
#0441 920013321498#
Si lure
4�
Ivan Glominthedark 100
Mrs. GloHinthedark -
- -
Caine& Weiner
Mr-1234 Cooling Tower- :
P.O. Box 8500
Fairfield, Ct 10601
Van Nuys, CA 91409-8500
IidnuJh 61111n ddulnLwh I JLu16�JLnILuJrcll
R0110 000147P 1071000002189044192 Z-GRE
- ,�«
EST. 1930
October 15, 2007
einer
Ivan Glowinthedark
Mrs. Glowinthedark
1234 Cooling Tower
i3oston, AE 981.23
21210 ERWIN STREET
WOODLAND HILLS, CA 91365-5010
TEL: (818) 226-6000
FAX: (818) 226-6010
For. Ye Old Test Client
Client #
: 1
100 Desk #
:100
Account #
: Abc-123 . .
Direct Dial #
: (818) 902-4206
Amount Due
: $9459.63
Please refer to C&W#
:100
Your account has been listed with our company for collection. This is an attempt to collect a debt and any
information obtained will be used for that purpose. If paid in full to this office, all collection activity will
be stopped.
Unless you notify this office within 30 days after, receiving this notice that you dispute the validity of the
debt or any portion thereof, this office will assume the debt is valid. If you notify this office in writing
Within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy
of a Judgment and mail you A copy of such Judgment or verification. If you request this office in writing .
within 30 days of receiving this notice, this office will provide you with the name and address of the
original creditor, if different from the current creditor.
To speak with us directly, contact us at (818) 902-4206.
Sincerely,
For your convenience, we accept payment via the Internet
Vaedew'jf/ Visit our ExpressPay option at www.6xpresspay-ew.com
(818) 902-4206
This is an attempt to collect a debt by a debt collector and any information obtained will be used for that purpose.
NOTICE: SEE REVERSE SIDE FOR IMPORTANT INFORMATION.
P.O. Box 8500
Make checks payable to Caine & Weiner,
Van Nuys, CA 91409-8500
or for credit card payment
You are hereby authorized to charge my credit card account
Change Service Requested.
-
Check one: ❑Visa 0 American Express
❑ MasterCard
RDI01 -
Card Number. _ _ _ _ — _ — —
PERSONAL & CONFIDENTIAL
Expiration Date: / / Payment Amount
#BWNFMTN
90441 9200 2150 8326#
Signature:
Ivan Glowinthedark 100
Caine & Weiner
Mrs. Glowinthedark
P.O. Box 8500
1234 Cooling Tower
Boston, AE 98123
Van Nuys, CA 91409-8590
(
ILIunJlddlluddJduhLlludhnlhnlluiJull
auk"
RD101000145P1 /03 OW002 e.044192 Z-CRE
-
NON COLLUSION AFFIDAVIT
AFFIDAVIT Or NON -COLLUSION BY CONTRACTOR
STATE OF CALIFORNIA )
) ss
COUNTY OF LOS ANGELES )
G R e7G- fd . Ca N e') being first duly sworn deposes
and says that he/she is Vie. s_ I e, t..t T'
nn ei 5ek puner','Pannv :'Pnsidem.'Ssczap".er mha MaPer rinej
of ((NC I (Je'I Ne It_
amen nam a!!lJderi
who submits lrcrew•ith to the City of Vernon a proposal;
That all statements of fact in such proposal are true;
That such proposal was not made in the interest of or on behalf of any undisclosed person, partnership,
company, association, organization or corporation:
That such proposal is gennine and not collusive or sharp:
That said bidder has not, directly or indirectly by agreement, communication or conference with anyone
attempted to induce action prejudicial to the interest of the Citv of Vernon, or of any other bidder or
anyone else interested in the proposed contract- and further
Tbat prior to the public opening and reading of proposals, said bidder
a. Did not drecdv or indirectly, induce or solicit anyone else to submit a false or shant proposal;
b. Did not directly or indirectly, collude, conspire, connive or agree with anyone else drat said
bidder or anyone else would submit a false or sham proposal. or that anyone should refrain from
bidding or withdraw his proposal:
c. Did not; in any manner, directly or indirectly seek by agrcement, communication or conference
with anyone to raise or fix the proposal price of said bidder or of anyone else, or to raise or Ls
any overhead, profit or cost element of his proposal price, or of that of anyone else:
d. Did not, directly or indirectly, submit his proposal price or any breakdown thereof or the
contents thereof or divulge information or data relative thereto, to any corporation: partnership,
c v, association, orgam7ntion, bid depository or to any member or agent thereof. or to any
ndivid al or group of individuals, es rty of Vernon, or to any person or persons who
„have artnership or other f interest with said bidder in his business.
the above information correct
„��
Title: 1h7re
FEE & COST SCHEDULE
EXHIBIT C
EXHIBIT C
SCHEDULE
December 2012
Fees & Cost Schedule
Caine & Weiner is pleased to offer our in-house collection activity at contingency fee
rate of 20% of all monies recovered on each account. There are no other additional
costs to the City of Vernon.
Should an account be moved into the legal process, the contingency fee for recovery of
funds moves to 25% of all monies recovered on each account. There are no other
additional costs to the City of Vernon.
Should the City of Vernon authorize litigation on a particular account, the contingency
fee for recovery of funds moves to 30% of all monies recovered. For these files only the
City may also be asked to front an estimated $450-$650 for initial filing and processing
fees. These costs may be recoverable and would be reimbursed to the City when
recovered.
Los Angeles Chicago Louisville Buffalo Dallas
www.caine-weiner.com
EXHIBIT D
EXHIBIT D
LIVING WAGE PROVISIONS
Minimum Livina Waaes:
A requirement that Employers pay qualifying employees a wage of no less than $10.30 per hour
with health benefits, or $11.55 per hour without health benefits.
Paid and Unpaid Days Off:
Employers provide qualifying employees at least twelve compensated days off per year for sick
leave, vacation, or personal necessity, and an'additional ten days a year of uncompensated
time for sick leave.
No Retaliation:
A prohibition on employer retaliation against employees complaining to the City with regard to
the employer's compliance with the living wage ordinance. Employees may bring an action in
Superior Court against an employer for back pay, treble damages for willful violations, and
attorney's fees, or to compel City officials to terminate the service contract of violating
employers.
December 2012
EXHIBIT E
EXHIBIT E
EQUAL EMPLOYMENT OPPORTUNITY
PRACTICES PROVISIONS
A. Contractor certifies and represents that, during the performance of this Agreement, the
contractor and each subcontractor shall adhere to equal opportunity employment practices
to assure that applicants and employees are treated equally and are not discriminated
against because of their race, religious creed, color, national origin, ancestry, handicap,
sex, or age. Contractor further certifies that it will not maintain any segregated facilities.
B. Contractor agrees that it shall, in all solicitations or advertisements for applicants for
employment placed by or on behalf of Contractor, state that it is an "Equal Opportunity
Employer" or that all qualified applicants will receive consideration for employment without
regard to their race, religious creed, color, national origin, ancestry, handicap, sex or age.
C. Contractor agrees that it shall, if requested to do so by the City, certify that it has not, in the
performance of this Agreement, discriminated against applicants or employees because of
their membership in a protected class.
D. Contractor agrees to provide the City with access to, and, if requested to do so by City,
through its awarding authority, provide copies of all of its records pertaining or relating to its
employment practices, except to the extent such records or portions of such records are
confidential or privileged under state or federal law.
E. Nothing contained in this Agreement shall be construed in any manner as to require or
permit any act which is prohibited by law.
December.2012