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305City Of Anaheim Administrative Regulation CHAPTER 3 - FINANCE Subject: Miscellaneous Billing and A.R. 305 Collection Issue Date: May 31, 1994 Revised: May 1999 Sept.17, 2003 September 4, 2019 November 4, 2020 Page (1) of (5) Purpose: The purpose of this regulation is to establish a uniform procedure for billing and collecting miscellaneous claims due the City. This regulation will include the following: 1. To establish a uniform procedure for billing and collecting miscellaneous claims due to the City. 2. To assure maximum collections in a timely manner of all monies due to the City. 3. To delineate the responsibilities of various City departments. 4. To coordinate collection of miscellaneous delinquent accounts under the City of Anaheim Finance Department. Procedures: Billing Procedure: 1. The preparation of new invoices for miscellaneous billings and the citywide control of all outstanding miscellaneous invoices is through the Finance Department computerized accounts receivable system. The Finance Department will mail the invoices per the administering department's instructions. 2. Billed items which are not included in the miscellaneous category, and are therefore excluded from this regulation are: billings for licenses, permits, construction inspections, housing inspections, recreation fees, tenant billings, library billings, and Utilities Department billings for utility service. 3. Departments are responsible for providing the data necessary for the accounts receivable system to issue an invoice on a timely basis. The sooner the information is received and billed, the better the collection results. All departments that issue miscellaneous invoice billings for goods or services are responsible for the following: A. Completing and submitting a "Notice to Bill" (See Attachment A) with the information that is necessary for the accounts receivable system to issue an invoice and maximize the collections effort. Providing as much detail as possible will result in increased collection rates. City of Anaheim Administrative Regulation 305 Page (2) of (5) Billing for services, materials, and reimbursements. - It is the responsibility of the department in which the charges originate to prepare a "Notice to Bill" form (NTB) (Form ACC-25) upon ascertaining the correct charges, and forward it to the Accounting Division, within thirty (30) days following the date of service. 2. Billing for damages to City property. - It is the responsibility of the department affecting repairs to complete an itemized NTB and forward it to the Accounting Division within thirty (30) days following the incident. 3. Decisions regarding responsible party. - If there is any doubt as to whom the responsible party to bill is, all parties should be billed on one (1) joint billing. B. The Finance Department will mail all invoices to the parties being billed. Invoices may be sent to the initiating department, if requested, for the purpose of attaching supporting documentation. C. The initiating department will respond promptly to any disputes related to amounts billed. D. The initiating department is to exercise the City's rights under the Bad Check -Punitive Damages Laws (Section 1719 of the California Civil Code) by sending immediately upon notification of a bad check, the "Bad Check Letter" (see Attachment B) by certified mail to the maker of such bad check. Refer to Administrative Regulation 325 — Returned Check Procedures. 4. Invoices generated by the accounts receivable system are the basis for the "Outstanding Accounts Receivable" report. This report lists outstanding invoice amounts, invoice numbers and invoice names by invoice type for all outstanding accounts receivable. Departments may access this report through the City's InfoAdvantage Reporting System on demand. 5. In all cases, the department responsible for the program for which an invoice is issued remains accountable for maintaining those records which support the validity of the invoice. City of Anaheim Administrative Regulation 305 Page (3) of (5) 6. The Finance Department is responsible for: A. Maintaining the computerized accounts receivable system. B. Establishing customer accounts from information received from departments. C. Printing invoices from data that is either keyed into the accounts receivable system, or provided on Notice to Bill forms by departments. D. Mailing invoices, including second and final notices, to customers unless requested to return the printed invoice to a department for enclosures. E. Providing departments updates of accounts receivable collection status. Collection Procedure: Following the issuance of an invoice by the Accounting Division, if payment has not been received within twenty (20) days, a second notice is sent. If the invoice remains unpaid fifteen (15) days after second notice is sent, a final notice is sent. If there is no response within ten (10) days, the following procedure shall be followed: The Finance Department is responsible for: 1. For invoices $5,000 and over (or the maximum amount permitted to be filed in small Claims Court) that have all valid billing information, the invoice, a damage report (if applicable) and all correspondence is copied and forwarded with a transmittal memo describing the account to the City Attorney's Office for collection. 2. For invoices under $5,000 (or the maximum amount permitted to be filed in Small Claims Court), Accounting determines which of the following courses of action to pursue: A. Small Claims Court process: Past due invoices between $3,000 to $5,000 that have all valid billing information are the primary selection for small claim court process. Accounting prepares the necessary documentation, files claims with the Small Claims Office of the Superior Court and represents the City in Small Claims Court. The department involved in the claims will secure witnesses and records as necessary for court appearance. B. Collection Agency: Past due invoices that are below $3,000; invoices that are returned by the post office due to invalid billing information, as well as all other past due invoices where the Finance Department has exhausted all means of collection efforts; are referred to the collection agency to pursue collection. City of Anaheim Administrative Regulation 305 Page (4) of (5) C. Franchise Tax Board (FTB) tax intercept: Annually, Accounting prepares a collection file including those past due invoices that have sufficient information necessary for FTB income tax intercept. D. Debtors Agreement: After personal contact with the debtor, wherein the debtor acknowledges responsibility for the claim, but is uninsured and financially unable to pay the claim in full, a debtor's agreement may be negotiated. (Debtor agrees to make installment payments on a regular basis.) E. Miscellaneous: Unless authorized by the City Charter, ordinance, resolution, agreement with the City Attorney, the City Manager or a department head, payment arrangements or time extensions shall not be granted to any individual or entity, nor shall the amount of payment, interest or penalty be waived. The Finance Department - Accounting shall approve or establish payment schedules for delinquent accounts, refer delinquent accounts to the City Attorney's Office as necessary, assign the account to a third party collection agency to pursue collection, and request authority from the Finance Director/City Treasurer with concurrence from the City Manager to write-off those accounts deemed uncollectible. 2. Immediately upon receipt of a bankruptcy notice, the administering department should forward the bankruptcy account to the Finance Department, along with the Notice of Bankruptcy. The Finance Department will file a Proof of Claim and make court appearances, if appropriate. 3. Delinquent accounts involving lengthy or complex negotiations may be excluded from normal collection activity, providing the Finance Department is notified to "cease collection activity" via a memo through the office of the City Manager, or Department Head, at which point the Finance Department will be relieved of the responsibility for the collection of that account. 4. In some situations which involve potential third -party liability for the City, it may not be in the City's best interests to initiate collection proceedings. In such instances, Risk Management shall contact Accounting and instruct them (i) not to bill on a certain matter, or (ii) to delay billing on a certain matter. City of Anaheim Administrative Regulation 305 Page (5) of (5) The City Attorney is responsible for: 1. Filing civil complaints on delinquent accounts deemed legally collectible by the City Attorney's Office and where a good address and attachable assets have been provided by the Finance Department. For collections between $5,000 (or the maximum amount permitted to be filed in Small Claims Court) and $10,000, the City Attorney's Office shall provide direction to the Finance Department and sign routine complaints, executions and related collection documents for court filing and processing prepared by the Finance Department. 2. Annually, return to the Finance Department any accounts determined to be uncollectible and notify the Finance Department — Accounting. 3. Annually, submit a written status report to the Finance Department of all delinquent accounts in their possession. Write-off of Uncollectible Claims: 1. When appropriate action is followed as outlined above, for claims remaining unpaid, and where no collection appears likely, the Finance Department - Accounting shall periodically prepare a list of unpaid claims and submit copies to departments and the City Attorney for their approval to be included in the write off process. The Finance Department - Accounting shall then submit the list to the Finance Director/City Treasurer, requesting approval to be concurred by the City Manager to write-off the claims as bad debts. 2. An invoice balance is written off only when all apparent collection efforts have been exhausted and the amount is determined to be uncollectible by the Finance Department. Attachments: Attachment A (Notice to Bill) Attachment B (Bad Check Letter) BILL TO: STREET ADDRESS: DESCRIPTION: AUTHORIZED BY: AGENCY City of Anaheim NOTICE TO BILL CITY, STATE DATE: INVOICE AMOUNT 12/03/20 ZIP CODE CONTACT PERSON: EXTENSION: ACCOUNTING DISTRIBUTION 11 ACCOUNTING USE ONLY N.T.B. RECEIPT DATE FUND DEPT UNIT OBJECT REVENUE SOURCE BALANCE SHEET APPROPRIATION UNIT FUNCTION COST ACCOUNTING ONLY AMOUNT PROGRAM F PHASE 11 ACCOUNTING USE ONLY INVOICE NO. INVOICE DATE APPROVED BY ENTERED BY City of Anaheim FINANCE DEPARTMENT AUGUST 1, 2019 1234 MAKEA WAY ANAHEIM, CA 92805 Dear Sir or Madam: The City of Anaheim is the payee for your check #9876 written in the amount of $42.00 for invoice #AB0123. This check was returned from the bank marked "NSF". The City of Anaheim, through Resolution 2007R-105 adopted June 19, 2007, imposes a Twenty- five dollar handling fee for all checks not honored by the paying bank. You must pay the City of Anaheim the full amount of the check, plus our $25.00 handling fee within 10 days after the date of this letter or you could be sued and held responsible to pay at least all of the following, (pursuant to California Civil Code 1719): 1. The amount of the check 2. Damages of at least $100.00, or if higher, three times the amount of the check up to $500.00 3. The cost of mailing this notice Please remit a cashier's check or money order, made payable to the City of Anaheim. We will not accept personal checks. If you remit by mail, please mail it to my attention, Finance Department, 200 S. Anaheim Blvd. Anaheim, CA 92805. If you wish to make payment in person, you may pay with cash by bringing the payment and this letter to the City of Anaheim, first floor cashier, 201 S. Anaheim Boulevard. You may wish to contact a lawyer to discuss your legal rights and responsibilities as soon as possible. Respectfully, City of Anaheim Division of Collections (714)765-5320 (714)765-5070 200 S. Anaheim Boulevard, Anaheim, CA 92805 TEL (714)765-5195 FAX (714)765-5260