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10. Firm shall provide to the City an annual financial summary report as of June 30th (City's fiscal <br /> year end) including totals for receipts, net accounts receivable, total accounts receivable and <br /> collection percentage. This report should be submitted to the City no later than July 31 st of each <br /> year. <br /> 11. At any time, all records of the firm pertaining to the City shall be subject to inspection, review, or <br /> audit by City, State, or Federal officials, during the contract period and for seven years after the <br /> termination of the contract. <br /> 12. Firm shall guarantee the confidentiality, security and safety of all files,documents and information <br /> provided by the City, except as to disclosure required by federal and state laws and regulations. <br /> 13. Firm will exercise its best ethical, prudent, lawful, and professional efforts to secure collections <br /> on all accounts referred by the City. Collections activities shall comply with all federal, state and <br /> local laws,and applicable regulations including but not limited to the Federal Fair Debt Collection <br /> Practices Act. <br /> 14. Firm will process all customer payments in accordance with applicable Payment Card Industry <br /> (PCI) security requirements. <br /> 15. Firm shall be HIPPA(Health Insurance and Portability and Accountability Act of 1996)compliant <br /> and maintain compliance throughout the term of the contract. <br /> 16. In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the firm must have an <br /> identity theft prevention program in place. <br /> 17. Firm shall report all uncollectible accounts to Experian. Reporting must be done in accordance <br /> with all federal, state and local laws, including but not limited to, the Fair Debt Collections <br /> Practices Act, the Federal Equal Credit Opportunity act, and the Consumer Credit Protection Act. <br /> Firm shall not report accounts to Experian until the firm has worked the account for 45 days. At <br /> the request of the City,the firm shall remove an account notification from Experian and provide a <br /> copy of that notification to the City. The City retains the right to recall any accounts assigned for <br /> collection without charge or penalty from the firm. Upon recall by the City, no further collection <br /> efforts on recalled accounts may be undertaken. If the account being recalled was reported to <br /> Experian, it is expected that the record be cleared from the customer's credit report and written <br /> confirmation provided to the City upon request. <br /> 18. Firm reporting shall comply in accordance with the Federal Fair Credit Reporting Act (FCRA) <br /> regulations which established two types of debt categories. 1) "Permissible Debt" such as, unpaid <br /> utility billings, unpaid paramedic billings, and any unpaid sums relating to City Services which <br /> were electively sought or contracted for from the City, and 2) "Prohibited Debt" such as, taxes, <br /> licensing and permit fees, towing & impound fess/costs, administrative code violations, and <br /> damage to City property. Permissible debts may continue to be reported to credit reporting <br /> agencies;prohibited debts may not. <br /> 19. Firm shall not assign or subcontract any portion of this agreement or transfer or assign any claim, <br /> pursuant to the contract, without the written consent of the City. <br /> 20. Firm shall make contacts with delinquent accounts under the name of the firm and not the City of <br /> Santa Ana. <br /> 21. Firm shall instruct consumers to submit payments to the firm and not to the City of Santa Ana <br /> except by written agreement by the City. The firm shall be notified of any payments made to the <br /> City of Santa Ana for accounts under collection with the firm.The firm will be entitled to collection <br /> fees only if notice was sent to the assigned accounts. The firm will not be entitled to collection <br /> fees if payment was submitted to the City and no work was yet done on the assigned accounts. <br /> 22. Firm shall collect and deposit payments from customers and on no later than the 20"' day of every <br /> Page 12 of 13 <br /> 42068906v1 <br />