Item C17BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: April 18, 2012 Division: Employee Services
Bulk Item: Yes X No
Department: Human Resources
Staff Contact Person/Phone #: Teresa Aguiar, Ext. 4458
AGENDA ITEM WORDING: Approval to make available to employees a voluntary loan program
with BMG Money, Inc.
ITEM BACKGROUND: This program provides employees with the opportunity to obtain loans from
$500 to $5000 to cover unexpected or emergency expenses with repayment through payroll deduction.
The interest rate would be between 23.75% to 29.75% (depending on the amount of the loan) and there
is no credit check of the employee applying for the loan. To be eligible for a loan, the employee must
be employed for at least one year, must not currently be in bankruptcy, and have the ability to afford
the loan payments.
PREVIOUS RELEVANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES: None
STAFF RECOMMENDATIONS: Approval
Staff time
TOTAL COST: None INDIRECT COST: _approx 1-3 hrs a month_ BUDGETED: Yes _No
DIFFERENTIAL OF LOCAL PREFERENCE: N/A
COST TO COUNTY: N/A SOURCE OF FUNDS: N/A
REVENUE PRODUCING: Yes _ No X (AMOUNT PER MONTH Year
APPROVED BY: County Atty OMB/Purchasing Risk Manageme �1
DOCUMENTATION:
DISPOSITION:
Revised 7/09
Included X Not Required
AGENDA ITEM #
MONROE COUNTY BOARD OF COUNTY COMMISSIONERS
CONTRACT SUMMARY
Contract #
Contract with BMG Money, Inc Effective Date: April 19, 2012
Expiration Date:N/A
Contract Purpose/Description: Payroll Deduction Plan Agreement
Contract Manager:Teresa A uiar
(Name)
for BOCC meeting on
4458 Employee Services
(Ext.) (Department)
_Agenda Deadline: Aprii 3, 2012
CONTRACT COSTS
Total Dollar Value of Contract: $0 Current Year Portion: $0
Budgeted? Yes® No ❑ Account Codes: - -
Grant: $
County Match: $
ADDITIONAL COSTS
Estimated Ongoing Costs: $0/yr For:
(Not included in dollar value above) (eg. maintenance, utilities, janitorial, salaries, etc
CONTRACT REVIEW
Changes
Date Out
Date In Needed R viewer
Division Director 4vO-\ Yes❑ Nooj
��jp�Risk Manage ent t It), Yes❑ Nod � a .
O.M.B./Purc ing �' J�7/ Yes[—] No® C
County Attorney Yes[:] NoQ/ t✓ �' '�
Comments:
Li us rorm Kevlsea wi 1/yJ m ;Y 112
C
UNTY fo�MONROE
KEY WESTLORIDA 33040
(305)294-4641
Office of the Employee Services Division Director
The Historic Gato Cigar Factory
1100 Simonton Street, Suite 268
Key West, FL 33040
(305) 292-4458 — Phone
(305) 292-4564 - Fax
TO: Board of County Commissioners
FROM: Teresa E. Aguiar,
Employee Services Director IV
SUBJ: Voluntary Employee Loan Program
DATE: March 9, 2012
BOARD OF COUNTY COMMISSIONERS
Mayor David Rice, District 4
Mayor Pro Tem Kim Wigington, District 1
George Neugent, District 2
Heather Carruthers, District 3
Sylvia J. Murphy, District 5
This item requests approval to make available a voluntary loan program through BMG Money, Inc. This program
provides employees with the opportunity to obtain loans from $500 to $5000 to cover unexpected or emergency
expenses with repayment through payroll deduction. The loans are based on the employee's take home pay and
their ability to repay. The program provides employees with little or no credit the ability to be approved for
unsecured loans. BMG's municipal clients include the City of Miami Beach, Doral, Hialeah Gardens and
Sweetwater as well as the Town of Surfside. They have a number of private company clients as well.
Currently, the County offers our employees the ability to apply for loans through both Keys Federal Credit Union
and Southernmost Credit Union and provides them the ability to pay off these loans through payroll deduction. The
differences with BMG are that the interest rate with BMG is much higher (23.75% to 29.75%) and there is no credit
check (see attached comparison spreadsheet). The program does however provide the opportunity for the
employee to build good credit because the loans are reported to the credit reporting agencies when paid off. There is
nothing out in the market that does exactly what BMG does. The only other similar company would be Payday
Loans and those loan limits are not as large nor do they allow recurring payments.
If the BOCC approves the program, the Human Resources office would need to coordinate with BMG and the
Clerk's office to set up any necessary procedures for payroll deductions. Human Resources will then provide a list
of active employees with name, address and salaries of the employees to BMG and verify employment of those
employees with outstanding loans every pay period.
Participation of employees is at no cost to the County and would be an added voluntary benefit for employees to
take advantage of if they wish to do so. The County would not be held liable in any way if the employee defaults
on the loan.
If you have any questions on this item, please do not hesitate to contact me at X4458.
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Credit Check Required
Unsecured/Signature
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, ,r« 1rr+ r NMCIST FCLI
Yes Yes No
Loans
Yes Yes Yes
Minimum employment
Application required
ON line application
None
Yes
6 month
Yes
1 year
Yes
available
Yes
No
Yes
Application Fee
Membership required
No
No
Yes $30
Yes $10
Yes $25
N/A
Interest Rate depending
on Credit rate
Yes
Yes
No
Based on amt of loan
Interest rate:
Good credit
Bad Credit
Depends on credit
rating
7%
may not qualify
Depends on credit
rating
15%
18 to 20%
only from 23.75% to
29.75%
N/A
N/A
No credit
Shared secure loan on
their own money.
Shared secure loan on
their own money.
No credit check
Term of Loan
12-72 months
Up to 3 yrs.
6,12,18or24
months
Max amount of Loan
Turn around time
Must disclose reason
Term up to EE
$20,000
2 business days
Term up to EE
$5,000
2 to 3 business days
Term up to EE
$5,000
24 hours
for loan
Yes
No
No
PAYROLL DEDUCTION PLAN AGREEMENT
THIS PAYROLL DEDUCTION PLAN AGREEMENT (this "Agreement') is entered into on
(Effective Date), by and between the Monroe County Board of County Commissioners
("County"), and BMG Money, Inc., a Delaware corporation ("BMG Money"). County desires to offer as a benefit
to its employees easy and convenient loans and BMG Money desires to loan money to such employees, in each case
to be evidenced by a promissory note with the applicable employee (collectively, as amended or otherwise modified
from time to time, the "Notes").
County Acknowledgment. County acknowledges and agrees that it will comply with its
employees' requests set forth in the Notes to (a) deduct from their wages, salary, commissions or other similar
compensation (collectively, "wages') the amounts to be so deducted as described in the respective Notes and (b)
remit such amounts to BMG Money, in each case, solely to the extent of the maximum available wages of the
applicable employee and in accordance with applicable laws, rules, regulations and orders (the "Program").
Payment Instructions. County agrees to remit available funds to BMG. All amounts will be
deducted from employees' wages in accordance with the applicable Notes on, or as promptly as practicable after, the
date the applicable wages are payable.
Marketing. County agrees to provide BMG Money with opportunities to market the Program to
eligible employees and to educate such employees about the Program. Subject to applicable law, marketing
opportunities may include, without limitation, in person meetings with employees, direct mail to employees, bulletin
board postings, information made available through the Internet and emails to employees. Notwithstanding any
provision hereof, it is expressly understood that BMG Money shall not solicit any employees of the County to
participate in the Program by telemarketing. County hereby authorizes BMG Money to disclose County's
participation in the Program in any marketing materials prepared by or on behalf of BMG Money. Under no
circumstances shall BMG Money state, indicate, imply or lead the employee to reasonably infer an official
relationship between it and County or that the loan is being made directly by County. Furthermore, prior to
accepting applications from County employees, BMG Money shall disclose to such applicants, in both electronic
and audio formats, that: (i) the County does not endorse the Program; and (ii) applicants should consider whether
their local credit union might have lower cost loan programs available to them.
Notice. County shall notify BMG Money as soon as reasonably practicable if any employee
requests revocation of his or her payroll deduction request, ceases to be employed by County or changes his or her
employment status.
Further Assurances. Each party shall execute and deliver, or cause to be executed and delivered,
such additional instruments or documents and take all such actions as the other may reasonably request for the
purposes of implementing or effectuating the provisions of this Agreement. County also agrees to provide BMG
Money with access to all records (or copies thereof) necessary for BMG Money to implement or effectuate the
provisions of this Agreement and/or the Program.-, provided, however, that the County shall have no obligation to
provide and/or otherwise disclose any records deemed exempt from disclosure pursuant to applicable laws,
including without limitation Chapter 119, Florida Statutes.
Public Records. County is a political subdivision of the State of Florida and as such is subject to
Chapter 119 of the Florida Statutes, otherwise known as the Public Records Act. This Agreement and all other
documents and agreements flowing therefrom, including those executed by any employee, are subject to disclosure
to the extent required by such Chapter 119, provided, however, that the County shall have no obligation to disclose
any documents and agreements deemed exempt from disclosure under Chapter 119, Florida Statutes.
Indemnification. BMG Money agrees to indemnify County against, and hold it harmless from,
any and all losses, liabilities, claims, costs, expenses and damages of any nature (including but not limited to
attorneys' fees) in any way arising out of any breach of its obligations under this Agreement. Notwithstanding the
foregoing, BMG Money shall not be liable to County for any special, indirect, exemplary or consequential damages.
The indemnification obligation under this paragraph shall survive termination of this Agreement.
Assignment. BMG Money and its assignees may assign all or any of BMG Money's rights, but
none of its obligations, under this Agreement in connection with any financing of Notes or of the loans evidenced by
such Notes or otherwise, provided, however, that County shall, notwithstanding any such assignment, be entitled to
deal solely and directly with BMG Money in connection with County's rights and obligations under this Agreement.
This Agreement shall be binding upon the parties hereto and their respective successors and assigns.
Notwithstanding any such assignment, County's obligations, rights and responsibilities shall be governed
exclusively by this Agreement.
Termination. The initial term of this Agreement shall commence upon the Effective Date.
County and BMG Money may terminate this Agreement upon 60 days prior written notice to the non -terminating
party at the address shown below. Notwithstanding any termination of this Agreement, this Agreement shall survive
as to any Notes outstanding as of such termination until final payment in full of such Notes.
Miscellaneous. This Agreement supersedes any prior agreements with respect to the subject
matter hereof and may only be amended or otherwise modified by a writing signed by both parties. If any provision
of this Agreement is found to be unenforceable, this will not affect the validity or enforceability of any other
provision. Any provision of this Agreement that conflicts with any mandatory provision of applicable law shall be
deemed to be amended to conform with such applicable law. Time is of the essence under this Agreement.
Waiver of Trial By Jury. Each party, as a crucial and material inducement to the other to
execute this Agreement, hereby on behalf of itself, its agents, successors and/or assigns waives trial by jury of any
and all matters triable by right arising from, through or as a result of this Agreement.
Disclosure and Conflict of Interest. BMG Money states that it has retained Southern Strategy
Group of Miami to identify potential business opportunities with respect to the subject matter of this contract. Other
than as stated above, BMG Money warrants that, in respect to itself, it has neither employed nor retained any other
company or person, other than a bona fide employee working solely for it, to solicit or secure this Agreement and
that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide
employee working solely for it, any fee, commission, percentage, gift, or other consideration contingent upon or
resulting from the award or making of this Agreement. For the breach or violation of the provision, BMG Money
agrees that the County shall have the right to terminate this Agreement without liability and, at its discretion, to
offset from monies owed, or otherwise recover, the full amount of such fee, commission, percentage, gift, or
consideration.
Ethics Clause. BMG Money warrants that he/it has not employed, retained or otherwise had act
on his/its behalf any former County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any
County officer or employee in violation of Section 2 of Ordinance No. 10-1990 or any County officer or employee
in violation of Section 3 of Ordinance No. 10-1990. For breach or violation of this provision the County may, in its
discretion, terminate this contract without liability and may also, in its discretion, deduct from the contract or
purchase price, or otherwise recover, the full amount of any fee, commission, percentage, gift, or consideration paid
to the former County officer or employee.
Governing Law. THIS AGREEMENT SHALL BE CONSTRUED IN ACCORDANCE WITH
THE INTERNAL LAWS OF THE STATE OF FLORIDA (WITHOUT REGARD TO CONFLICTS OF LAW
PRINCIPLES PROVIDING FOR THE APPLICATION OF THE LAWS OF ANOTHER JURISDICTION).
VENUE FOR ANY ACTION UNDEER THIS AGREEEMENT SHALL BE IN MONROE COUNTY, FLORIDA.
BMG Money, Inc.
1221 3r1CBce ve
S"ft 10D0
MidAi LEI 33/31
By:
L' 2�'ltdld A-
Awuyi 14 • 0412 f%l{5
Attest:
By:
(0rM:
County of Monroe Board of Commissioners
1100 Simonton Street, Room 268
Key West, FL 33040
Attn: Human Resources
LI-A
Attest:
LIM
MONROE COUNTY ATTORNEY
A ROYfD 4S,TO,FORM:
ASSIST NET C UNT�Y ATTORNEY
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