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2011-229ORDINANCE NO. 2� 11-229 AN ORDINANCE ACCEPTING SEALED PROPOSALS AND AWARDING AN "AGREEMENT FOR COLLECTION SERVICES [PARTS A-C: UTILITY, EMS, CODE ENFORCEMENT, RETURNED AND MISCELLANEOUS ITEMS]" BY AND BETWEEN THE CITY OF DENTON, TEXAS AND CREDIT SYSTEMS 1NTERNATIONAL, INC., A CORPORATION; PROVIDING FOR THE EXPENDITURE OF FUNDS THEREFOR AND PROVIDING AN EFFECTIVE DATE (RFP 4633—AGREEMENT FOR COLLECTION SERVICES AWARDED TO CREDIT SYSTEMS 1NTERNATIONAL. INC., A CORPORATION IN AN AMOUNT WHICH IS CONTINGENT UPON ITS MONETARY RECOVERIES FROM PERSONS, 1N ACCORDANCE WITH THE PERCENTAGES EXPRESSED 1N ITS PRICE PROPOSAL WHICH IS ON FILE WITH THE CITY OF DENTON PURCHASING DEPARTMENT). WHEREAS, the City has solicited, received and evaluated competitive sealed proposals for the purchase of Collection Services in accordance with the procedures of State law and City ordinances; and WHEREAS, the City Manager or a designated employee of the City has received and reviewed and recommended that the herein described proposals are the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for sealed proposals; and WHEREAS, the City Manager or a designated employee of the City has determined that two proposers have qualified under this request for sealed proposals, each for a portion of the services described in the request for sealed proposals; one proposer, Credit Systems International, Inc., a Corporation of Fort Worth, Texas, has been chosen to collect Parts A-C: Utility, EMS, Code Enforcement, Returned and Miscellaneous Items; while the other proposer, who is described under a separate ordinance will be responsible for collections that relate to the collection of municipal court fines in accardance with the Texas Code of Criminal Procedure; and WHEREAS, the City Council has provided in the City Budget for the appropriation of funds to be used for the purchase of the services approved and accepted herein; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION 1. The items in the following numbered request for sealed proposal for services, shown in the "Request Proposals" on file in the office of the City of Denton Purchasing Agent, are hereby accepted and approved as being the most advantageous to the City considering the relative importance of price and the other evaluation factors included in the request for proposals. RFSP � NUMBER CONTRACTOR AMOUNT 4633 Credit Systems International, Inc., a Corporation Contingent [Parts A-C: Utilities, EMS, Code Enforcement, Returned and Miscellaneous Items only] SECTION 2. By the acceptance and approval of the above numbered item of the submitted proposal, the City accepts the offer of the entity submitting the proposals for such items and agrees to purchase the services in accordance with the terms, specifications, standards, quantities and for the specified sums contained in the Proposal Invitations, Proposals, and related documents. SECTION 3. Should the City and the entity submitting approved and accepted items and of the submitted proposals desire to enter into a formal written agreement as a result of the acceptance, approval, and awarding of the proposals, the City Manager or his designated representative is hereby authorized to execute the written agreement; provided that the written agreement is in accordance with the terms, conditions, specifications, standards, quantities and specified sums contained in the Proposal and related documents herein approved and accepted. SECTION 4. The City Council of the City of Denton, Texas hereby expressly delegates the authority to take any actions that may be required or permitted to be performed by the City of Denton under the Agreement for Collection Services, to the City Manager of the City of Denton, Texas, or his designee. SECTION 5. By the acceptance and approval of the above enumerated proposals, the City Council hereby authorizes the expenditure of funds therefor in the amount and in accordance with the approved proposal. SECTION 6. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the � day of �� d�011, �; ATTEST: JENNIFER WALTERS, CITY SECRETARY By: A ROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY � � By: � �� :/ 6-ORD- 4633 Utilities f THE STATE OF TEXA5 COUNTY OF DENTON AGREEMENT FOR COLLECTION SERVICES [Parts A— C: Utilities, EMS, Code Enforcement, Returned and Miscellaneous ItemsJ THIS AGREEMENT is made and entered into as of the ��day of ��0�� 2011, by and between the City of Denton, Texas, a Texas Municipal Corporation, ith its principal office at 215 East McKinney 5treet, Denton, Texas 76201 (hereafter "CITY"); and Credit 5ystems International, Inc., with its corporate of�ce at 1277 Country Club Lane, Fort Worth, Texas 76112, (hereafter "COLLECTOR"); each acting herein, by and through their duly authorized representative or officer. WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows: ARTICLE 1 EMPLOYMENT The CITY hereby contracts with COLLECTOR, as an independent contractor; and the COLLECTOR hereby agrees to perform the services herein in connection with the Project as stated in the Articles to follow, with diligence and in accordance with the professional standards customarily obtained for such services in the State of Texas. The professional services set out herein are in connection with the following described Project, to wit: To provide collection services for miscellaneous accounts receivable held by the City of Denton, Texas. This includes accounts receivable that are owed to, but have not been collected by the CITY, and may include services for utilities, ambulance and other miscellaneous accounts. The object of this Agreement is to increase revenue collections efficiently and at the same time maintain a professional approach when managing "bad debt" accounts of the CITY that are assigned to COLLECTOR. ARTICLE 2 SCOPE OF SERVICES The COLLECTOR shall perform the following services in a professional manner: A. The COLLECTOR shall perform those services as are necessary, and as described in the CITY'S "Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" which is attached hereto, incorporated by reference and made a part hereof as Exhibit "A." B. Referral of Accounts - COLLECTOR agrees to accept al( first placement accounts receivable referred to COLLECTOR for collection (hereafter the "Accounts") by the CITY. It is expressly agreed that any and all account information disclosed to COLLECTOR through placement of Accounts will remain confidential and be kept by COLLECTOR in the strictest confidence and will not be disclosed to any other party without the CITY's express written 1 — RFP #4633-INSURANCE REQ. authorization and within the legal requirements of the Health Insurance Portability and Accountability Act (HIPAA), the federal Fair Credit Reporting Act ("FCRA") and any other applicable legislation. C. Collection Efforts — COLLECTOR's services and collection efforts shall include the sending of demand letters; attempting telephone contact with debtors; attempting to locate debtors; obtain updated financial and credit information with respect to debtors; and arranging payment arrangements from the debtors in order to satisfy the indebtedness to be collected on behalf of the CITY. For each Account, COLLECTOR shall make these collection efforts for the life of the Account (which for purposes of this Agreement means seven years). At the end of that period, all inactive uncollected Accounts must be promptly returned to the CITY, along with its findings and recommendations. Active Accounts (those who have a payment pending or are actively on a payment plan) may be retained by COLLECTOR for an additional 180 days, or returned sooner if an Account becomes inactive. If COLLECTOR has not succeeded in collecting any part of the Account during that time period, then COLLECTOR shall promptly submit its findings and recommendations to the CITY. D. Collections and Settlement - COLLECTOR shall in all cases attempt to collect the total sum of outstanding receivables on accounts assigned to it and all charges owed by the debtor on an Account. E. Notification of Claims - COLLECTOR agrees to immediately notify and advise CITY within 72 hours of receiving notice of any claims or causes of action asserted against the CITY by any debtor. F. Return of Accounts - Unless this Agreement shall be terminated as hereinafter provided, and unless CITY expressly agrees otherwise, in advance, for each Account, COLLECTOR shall cease its activities and return the Account to the CITY if (i) no collection arrangement has been made within the life of the Account, or (ii) after having made a collection arrangement for a particular Account, no amounts are collected by the Collector for a continuous period of 365 days. These Accounts may not be held by COLLECTOR for a period longer than eighteen (18) months. G. Withdrawal of Referred Accounts - CITY has the right to and may withdraw any Account assigned to COLLECTOR at any time for any reason. H. Reporting - COLLECTOR shall submit to the CITY, activity reports and such other information relative to the Accounts as is requested and as stated in the "Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" document attached hereto as Exhibit "A." I. If there is any conflict between the terms of this Agreement and the Exhibits attached to this Agreement the terms and conditions of this Agreement will control over the terms and conditions of the attached Exhibits. 2 — RFP #4633-INSURANCE REQ. ARTICLE 3 PERIOD OF SERVICE A. This Agreement shall become effective on the date it is approved by the Denton City Council. The term of this Agreement shall be for a period of twenty-four (24) months. It shall be renewable for up to three (3) additional consecutive one-year periods, with all the terms and conditions remaining unchanged. The renewal of this Agreement for each of the three (3) additional consecutive one-year periods, shall be automatic unless the CITY provides a minimum of thirty (30) days written notice provided to COLLECTOR that it elects to terminate this Agreement, before the Agreement term expires or any such renewal term expires. B. CITY may terminate this Agreement immediately by written notice if: (i) COLLECTOR violates or breaches any term or condition of the Agreement; or if (ii) CITY reasonably determines that there has been a material adverse change in COLLECT�R's financial condition, or for (iii) any reasonable cause whatsoever. COLLECTOR shall still be entitled to receive its earned fee as of the date of termination as provided in Article IV hereof. In case of termination hereunder this paragraph (i) all accounts and file materials shall be returned immediately to the CITY within iifteen (15) days and (ii) COLLECTOR shall immediately cease all collection efforts on CITY Accounts. ARTICLE 4 COMPENSATION COLLECTOR as full compensation for its services performed hereunder shall receive a fee on all monies collected on Accounts in the COLLECTOR' S possession for which the COLLECTOR has begun active collection procedures. "Active collections" is based upon documented proof of COLLECTOR' S first contact with the debtor. The fees described in this Article 4 are more particularly set forth in the "Hybrid Price Proposal" that is attached hereto as Exhibit "B" and is incorporated herewith by reference. It is understood that no legal action will be taken or initiated by the COLLECTOR without the express advance written approval of the CITY. ARTICLE 5 REMITTANCES COLLECTOR shall instruct debtors to send their payment(s) directly to the COLLECTOR. COLLECTOR shall include payment instructions, as speci�ed in the "Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" (Exhibit "A" hereto), in all corresp�ndence or other materials sent to each debtor. The COLLECTOR will remit monthly, by the fifteenth (15th) day of each month, to the CITY payment(s) received by debtors with a repart of payments received from debtors on Accounts during the previous month. The CITY shall remit monthly, by the fifteenth (15th) day of each month, the agreed fee to COLLECTOR based solely upon the reported information. 3 — RFP #4633-INSURANCE REQ. ARTICLE 6 INDEPENDENT CONTRACTOR The COLLECTOR shal( provide services to the CITY as an independent contractor, not as an employee of the CITY. COLLECTOR shall not have or claim any right arising from employee status. ARTICLE 7I INDEMNITY AGREEMENT THE COLLECTOR SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE CITY AND ITS �FFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINST ANY AND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE CITY, AND INCLUDING WITHOUT, LIMITATION DAMAGES FOR BODILY AND PERSONAL TNJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATION, OR PERFORMANCE OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A LIABILITY TO ANY PERSaN WHO IS NOT A PARTY TO THIS AGREEMENT AND NOTHING HEREIN 5HALL WAIVE ANY OF THE PARTY'S DEFENSES, BOTH AT LAW OR EQUITY, TO ANY CLAIM, CAUSE OF ACTION OR LITIGATION FILED BY ANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, WHICH DEFENSES ARE HEREBY EXPRESSLY RESERVED. ARTICLE 8 ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The CITY and COLLECTOR may agree to settle any dispute under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE 9 INSURANCE During the performance of the professional services under this Agreement, the COLLECTOR shall maintain the following insurance coverage with an insurance company licensed to do business in the State of Texas; and in a form approved by the City Attorney: An Errors & Omissions policy of insurance in the amount of $2,000,000 per claim aggregate; and A Commercial Crime/Employee Dishonesty policy of insurance in the amount of $50,000 per claim. 4 — RFP #4633-INSURANCE REQ. COLLECTOR agrees to keep these policies in force and in good standing for the duration of this Contract and further agrees that CITY will be provided at least thirty (30) day's notice of cance(lation of any such coverage. To the extent legally possible, COLLECTOR will cause the CITY to be named as an Additional Insured regarding such insurance coverage. COLLECTOR agrees to furnish CITY a certificate of insurance evidencing such insurance coverage at the time this Contract is entered into by COLLECTOR and CITY. ARTICLE 10 RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the, CITY shal I not constitute nor be deemed a release of the responsibility and liability of the COLLECTOR, its employees, associates, agents, subcontractors and sub- consultants for the competency of their work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any work by the COLLECTOR, its employees, associates, agents, subcontractors, and sub-consultants. ARTICLE 11 NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise speciiied herein. Mailed notices shall be deemed communicated as of three (3) days mailing: TO COLLECTOR: Credit Systems International, Inc. Attn: Laura Emmons-Beam Account Executive 1277 Country Club Lane Fort Worth, Texas 76112 TO CITY: For Contractual Notices CITY OF DENTON Attn: Ethan Cox Customer Svc. Manager 601 E. Hickory St., Ste. F Denton, TX 76205 For Account Activitv CITY OF DENTON Attn: Pamela Dugger Credit/Collections Accounts Supervisor 601 E. Hickory St., Ste.F Denton, TX 76205 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing. CITY and COLLECTOR may enter into a separate written agreement regarding the subject of electronic noti�cation which agreement will be incorporated by reference, if entered into. ARTICLE 12 ENTIRE AGREEIi�IENT This Agreement consisting of eight (8) pages and two (2) Exhibits, totalling thirteen (13) pages, constitutes the complete and exclusive statement of the terms of their agreements and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject 5 — RFP #4633-INSURANCE REQ. matter hereof, ARTICLE 13 SEVERASILITY If any provision of this Agreement is found or deemed by a court. of competent jurisdiction to be inval id or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE 14 COMPLIANCE WITH LAWS The COLLECTOR shall comply with all applicable federal, state, local laws, rules, regulations, and ordinances regarding Fair Debt Collections practices which are applicable to the work covered hereunder, as they may now read or hereinafter be amended. ARTICLE 15 DISCRIMINATION PROHIBITED In performing the services required hereunder, the COLLECTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. ARTICLE 16 PER50NNEL A. The COLLECTOR represents that it has or will secure at its own expense all personnel required to perform all the services required under this Agreement. Such personnel shall not be employees or offcers of, or have any contractual relations with the CITY. COLLECTOR shall promptly inform the CITY in writing of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the COLLECTOR or under its care, custody, and supervision. COLLECTOR shall ensure that all personnel engaged in work are duly qualified, and permitted under State and local laws to perform such services. ARTICLE 17 ASSIGNABILITY The COLLECTOR shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. 6 — RFP #4633-INSURANCE REQ. ARTICLE 1 S MODIFICATION No waiver or modi�cation of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, and is duly executed. The parties further agree that the provisions of this Article will not be waived unless as herein set forth. ARTICLE 19 MISCELLANEOU5 A. The following Exhibits are attached to, incorporated herewith, and are made a part of this Agreement: 1. City of Denton Insurance Requirements for Contractors 2. Exhibit "A" — RFSP #4633 — Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services (on �le in the City of Denton Purchasing Of�ce). Exhibit "B" — City of Denton — Price Proposal for Parts A through C A. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton County, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. B. COLLECTOR wil l promptly advise CiTY of any Account on which it receives a notice of bankruptcy. At the CITY's written request, COLLECTOR will file a proof of claim on behalf of the CITY in CITY's name, as its agent. C. If COLLECTOR's efforts result in collateral, securing an Account, being returned to the CITY, then COLLECTOR shall be entitled to receive the standard fee that otherwise would have been paid under Article IV herein, based upon the net amount of money that the CITY receives from the sale of the collateral. The cost to the CITY of repossession, of storing, and of selling the collateral shall be first deducted from the amount of sale proceeds COLLECTOR is paid a fee on. CITY shall promptly report to COLLECTOR when the collateral is sold, the applicable costs of repossession, of storage, of selling the collateral, and the sale price. CITY shall then remit COLLECTOR's fee hereunder within thirty (30) days from receipt of payment from the Purchaser of the property at the sale. D. COLLECTOR will accurately, lawfully, and fairly report Accounts to the three (3) national Credit Reporting agencies after a minimum of thirty-seven (37) days in the collection process. 7 — RFP #4633-INSURANCE REQ. E. COLLECTOR will provide technical support to enable electronic placement of Accounts. COLLECTOR will also provide regular, periodic software or electronic reports to the CITY to enable Account balance review by the CITY, and COLLECTOR comments regarding review of Accounts held by COLLECTOR, each in order to comply with the specifications of the "Request for Sealed Proposal" attached hereto as Exhibit "A." F. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has executed this Agreement by and through its duly authorized undersigned City Manager; and COLLECTOR has executed this Agreement by and through its duly author'zed unde signed officer, in four (4) original counterparts, on this the � day of 1��, 2011 ATTEST: JENNIFER WALTERS, CITY SECRETARY By: AP OVED S TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY > n • By: i " r CITY OF DENTON, TEXAS A Texas Municipal Corparation By: GEORGE �. CAMP ELL CITY MANAGER ��1 �� ec� I � l� �` � � Credit Systems International, Inc. A Texas Corporation � �� / �u • i � i . • u�.'- �� ■ 8 — RFP #4633-INSURANCE REQ. CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with ihei� respective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder faids to comply strictly with the insurance requirerrtents, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, whzch the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provide and maintazn urrtil the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter, As soon as practicabl.e after notification of bid award, Contractor shall f le with the Purchasing Department satisfactory certificates of insurance, containing the bid number and title of the project. Conlractor may, upon wrilten requesi to the Purchasing Department, ask for clarification of any insurance requirements at any time; however, Contractors are strongly advised to make such requests prior to bid opening, since the insurance reguirements may not be modified or waived after bid opening unless a wt�itten exception has been submitted with the bid. Contractor shall nol co�nmence any work or deliver any material until he or she re.ceives notifccation that the contract has been accepted, approved, and signed by the City of Denton. All insurance policies proposed or obtained in satisfaction of these requirements shall comply with the following gene�al specifications, and shall be maintained in compliance with these general specifications throughout the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A-. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its of�cials, agents, eraployees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. 9 — RFP #4633-INSURANCE REQ. That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. Cancellatio�: City requires descrihed nn the certificate e�piration date. 30 day wrilten notice should any of the policies be cancelled or materially changed before the Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without ]apse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Pratective Liability Insurance. Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City rnay, at its sole option, terminate this agreement effective on the date of the lapse. 10 — RFP #4633-INSURANCE REQ. SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of ihis Contract shall additionally comply with the following marked speciftcations, and shall be maintained in compliance with these additional specificatio�s throughout the duration of the Contract, or longer, if so noted: [ ] A, General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 shall be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (I50 Form GL Q002 Current Edition and ISO Form GL 0404) is used, it shall include at least: Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. Broad fortn contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad form property damage liability. [ ] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. 11 — RFP #4633 Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. ( ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. For building or construction projects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [ J Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's and Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an "occurrence" basis, and the pol icy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy (imits will be at least combined bodily injury and property damage per occurrence with a_ aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than _ each occurrence are required. [ x] Professional Liability Insurance Professional liability insurance with limits not less than $2,000,000 annual aggregate with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. 12 — RFP #4633 [ ] Builders' Risk Insurance Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy shall include as "Named Insured" the City of Denton and all subcontractors as their i�iterests may appear. [x] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than $50,000 for each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and speci�c service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. 13 — RFP #4633 Exhibit A � �OF �� J� � � �� Purchasing Department 901-B Texas St. Denton, TX 76209 (940) 349-7100 www.dentonpurchasing.com RFSP #4633 Request for Competitive Sealed Proposals for Collection Services for �Utilities and Ambulance Bi�lling, Code Enforcement Liens, Municipal Court Fines, Miscellaneous Receivables, and Returned Items PROPOSALS DUE: April 7, 2�11 Proposal submitted byo Company Name TABLE OF CONTENTS PROPOSAL FORMS ...........o........e ...............a......................o.......................o.......................1 — 2 INSTRUCTIONS AND CONDITIONS ..........................................o....................................... 3— 8 OPENING DATE, TIME, PROCEDURES, CONTACTS ..................................................3 GENERAL CONDITIONS ...........................................................................................3 - 7 EVALUATION CRITERIA ...........................................................................................5 - 6 SPECIAL TERMS AND CONDITIONS ............................................................................ 8 DISADVANTAGED BUSINESS ENTERPRISES .......................................................................9 VENDORREFERENCES ........................................................................................................10 SPECIFICATIONS ...........................................................................................................11 —17 REQUIRED RESPONSE COMPONENTS FOR PROPOSAL .......................................17 APPENDIXA ...................................................................................................................18 — 26 SAMPLE AGREEMENT- PARTS A— C ONLY .....................................................19 — 26 APPENDIXB .................................................................................................................. 27 — 36 SAMPLE AGREEMENT — PART D ONLY ............................................................ 28 — 36 APPENDIXC ..........................e.....e.........................o........................a.........e.......................37- 42 CITY OF DENTON INSURANCE REQUIREMENTS ............................................ 38 — 42 APPENDIXD .....................................................................................................................43- 44 CONFLICT OF INTEREST QUESTIONNAIRE .............................................................44 APPENDIXE ....................e..............................................................................................45 — 49 COLLECTION SERVICES QUESTIONNAIRE ......................................................46 — 49 This Table of Contents is intended as an aid to proposers and not as a comprehens�ve listing of the RFSP package. Proposers are responsible for reading the entire RFSP package and complying with all specifications. CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES PRICE PROPOSAL (25% of Evaluation Criteria for Parts A— C& E) Estimated Quantities Item Service No. of Amount Fee* Accts. A PART A— Utilities including active drainage accounts and miscellaneous receivables � Outstanding accounts g gg3 $2,987,899.57 % (August 2003 to August 2010) 2 Monthly collections (Avg. age: 90 days) 360 $104,400 % B PART B— Emergency Medical Service Ambulance billing � Outstanding accounts 14,179 $8,725,200 % (2003 — August 2010) 2 Monthly collections (Avg. age: 240 days) 90 $85,634.10 % PART C— Code Enforcement Liens C including mowing, trash and debris removal and other liens or judgments, return items returned checks) , , � Outstanding accounts 111 $112,283.55 % 2003 — August 2010 2 Monthly collections (Avg. age: 45 days) 3 $336 % p PART D— Municipal Court Class C Misdemeanor violations � Outstanding fines 12,016 $4,940,078 30% 2005 — February 2011 2 Monthly collections (Avg. age: 870 days) 136 $377 (Avg.) 30% PART E- Monthly collections for E Utilities/Ambulance/Miscellaneous 453 $190,370.10 % Receivables/Code Enforcement Liens/Municipal Court (combined) Account collected by City if account had F been turned over to the vendor that N/A NIA % collections has not yet been actively pursued. * If your fee structure is not based on a percentage structure as shown above, please provide a detailed explanation of your fee structure. 1 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES The undersigned agrees this proposal becomes the property of the City of Denton afterthe official opening. The undersigned affirms he has familiarized himself with the local conditions under which the work is to be performed; satisfied himself of the conditions of delivery, handling and storage of equipment and all other matters that may be incidental to the work, before submitting a proposal. The undersigned agrees, which prices are offered, Specifications. if this proposal is accepted, to furnish any and all items/services upon at the price(s) and upon the terms and conditions contained in the The undersigned affirms that they are duly authorized to execute this contract, that this proposal has not been prepared in collusion with any other Proposer, nor any employee of the City of Denton, and that the contents of this proposal have not been communicated to any other proposer or to any employee of the City of Denton prior to the official opening of the proposals. Vendor hereby assigns to purchaser any and all claims for overcharges associated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et seq., and which arise under the antitrust laws of the State of Texas, Tex. Bus. & Com. Code, Section 15.01, et seq. The undersigned affirms that they have read and do understand the specifications and any attachments contained in this RFSP. NAME AND ADDRESS OF COMPIh►NY: Tel. No. COMPANY IS: AUTHORIZED REPRESENTATIVE: Signature Date Name Title Fax No. Email. Business included in a Corporate Income Tax Return? YES Corporation organized & existing under the laws of the State of _ Partnership consisting of Individual trading as Principal offices are in the city of 2 — RFP #4633 NO CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES COMPLETE SET OF ORIGINAL AND SIX (6) COPIES OF EXECUTED PROPOSAL MUST BE RECEIVED IN THE PURCHASING DEPARTMENT AT 901-B TEXAS ST, DENTON, TX 76209 ON OR BEFORE APRIL 7, 2011 A PRe-PROPOSAL CONFERENCE WILL BE HELD AT 11:00 A.M. ON MARCH 23, 2011 IN THE PURCHASING DEPARTMENT CONFERENCE ROOM AT 901-B TEXAS ST. QUESTIONS REGARDING SPECIFICATIONS MAY BE SUBMITTED IN WRITING TO THE PURCHASING OFFICE PRIOR TO THE OPENING. QUESTIONS WILL ALSO BE ANSWERED AT THE PRE-PROPOSAL CONFERENCE. QUESTIONS SUBMITTED FIVE (5� DAYS PRIOR TO THE PROPOSAL SUBMITTAL DEADLINE WILL NOT BE CONSIDERED TO ENSURE ALL PROPOSERS ARE GIVEN EQUAL ACCESS TO THE INFORMATION PROVIDED. All questions regarding the RFSP and purchasing process should be directed to: Jody Hays, Purchasing Buyer Email: Jody.Hays@cityofdenton.com Phone: (940) 349-7132 Fax: (940) 349-7302 Directions to the Purchasing Department can be accessed atwww.dentonpurchasing.com (Click on "Directions to our Office") All proposals, includinq a"NO BID", are due in the Purchasinq Department bv the due date, in sealed envelopes or boxes. All proposals must be clearly marked with the name of the Company submitting the proposal, the RFP Number and Date and Time of opening on the outside of the envelopelbox. Original proposal must be clearly marked "ORIGINAL" and contain all original signatures. All proposal pages must be initialed or signed where indicated. All proposals will be publicly opened at the date and time listed above or as soon thereafter as practical. The City of Denton does not accept faxed or e-mailed proposals. Anv proposal received after the date and/or hour set for openinq will be returned unopened. If proposals are sent by mail to the Purchasing Department, the proposer shall be responsible for actual delivery of the proposal to the Purchasing Department before the advertised date and hour for opening of proposals. If mail is delayed either in the postal service or in the internal mail system of the City of Denton beyond the date and hour set for the opening, proposals thus delayed will not be considered and will be returned unopened. Proposals may be withdrawn at any time prior to the official opening. Alterations made before opening time must be initialed by proposer guaranteeing authenticity. Any attempt to negotiate or give information on the contents of this proposal with the City of Denton or its representatives prior to award shall be.grounds for disqualification. After the official opening, proposals become the property of the City of Denton and may not be amended, altered or withdrawn without the recommendation of the Purchasing Agent. The approval of the City Council is required for public works projects. The City of Denton reserves the right to accept or reject in part or in whole any proposals submitted, unless denied by the proposer, and to waive any technicalities for the best interest of the City. Any submitted article deviating from the specifications must be identified and have full descriptive data accompanying same, or it will not be considered. In case of default after proposal acceptance, the City of Denton may at its option hold the accepted proposer or contractor liable 3 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES for any and all resuitant increased costs as a penalty for such default. The City of Denton will award the contract to the most qualified proposer while complying with all current state and local laws. The City of Denton is exempt from Federal Excise and State Sales Tax; therefore, tax must not be included in this proposal. The City of Denton is requesting competitive sealed proposals for UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES. All proposals must include the attached Proposal Form (p. 1-2). Vendors may submit a proposal on any or all items. The City of Denton will not enter into any contract where the cost is provisional upon such clauses as "escalator" or "cost� plus" clauses. All proposals shall specify terms and conditions of payment, which will be considered as part of, but not control, the award of contract. City review, inspection, and processing procedures ordinarily require thirty (30) days after receipt of invoice, materials, or service. Proposals which call for payment before thirty (30) days from receipt of invoice, or cash discounts given on such payment, will be considered only if, in the opinion of the Purchasing Agent, the review, inspection, and processing procedures can be completed as specified. Invoices shall be sent directly to the City of Denton Accounts Payable Department, 215 E McKinney St, Denton, TX, 76201-4299. It is the intention of the City of Denton to make payment on completed orde'rs within thirty days after receipt of invoice or items;� whichever is later, unless unusual circumstances arise. Invoices must be fully documented as to labor, materials, and equipment provided, if applicable, and must reference the City of Denton Purchase Order Number in order to be processed. No payments shall be made on invoices not listing a Purchase Order Number. Continuinq non-performance of the vendor in terms of Specifications shall be a basis for the termination of the contract by the City. The City shall not pay for work, equipment, or supplies that are unsatisfactory. Vendors will be given a reasonable opportunity before termination to correct the deficiencies. This, however, shall in no way be construed as negating the basis for non- performance termination. The contract mav be terminated by the City upon written ten (10) days notice prior to cancellation. Proposals will be considered irregular if they show any omissions, alteration of form, additions or conditions not called for, or irregularities of any kind. However, the City of Denton reserves the right to waive any irregularities. The City of Denton reserves the right to accept or reject in part or in whole any proposals submitted, and to waive any technicalities for the best interest of the City. Proposals may be rejected, among other reasons, for any of the following specific reasons: 4 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 1. Proposals containing any irregularities. 2. Unbalanced value of any items. 3. Price cannot be determined based upon information provided, i.e. missing freight charges, or other fees. This request for proposals does not commit the City to award a contract, issue a purchase order, or pay any costs incurred in the preparation of a proposal in response to this request for sealed proposals. Proposers may be disqualified and their proposals not considered for any of the following reasons: 1. Collusion exists among the Proposers. 2. Reasonable grounds for believing that any Proposer is interested in more than one Proposal for the work contemplated. 3. The Proposer being interested in any litigation against the City. 4. The Proposer being in arrears on any existing.contract or having defaulted on a previous contract. 5. Lack of competency as revealed by a financial statement, experience and equipment, questionnaires, etc. 6. Uncompleted work, which in the judgment of the City, will prevent or hinder the prompt completion of additional work, if awarded. 7. Any other unresolved issues with the City. Due care and diligence has been used in preparation of this information, and it is believed to be substantially correct. However, the responsibility for determining the full extent of the exposure and the verification of all information presented herein shall rest solelywith the proposer. The City of Denton and its representatives will not be responsible for any errors or omissions in these specifications, nor for the failure on the part of the proposer to determine the full extent of the exposures. The successful proposer may not assign their rights and duties under an award without the written consent of the Purchasing Agent. Such consent shall not relieve the assignor of liability in the event of default by the assignee. The City reserves the right to demand bond or penalty to guarantee delivery by the date indicated. If order is given and the Proposer fails to furnish the materials by the guaranteed date, the City reserves the right to cancel the order without liability on its part. Proposal Evaluation (Parts A— C only) This Request for Sealed Proposals will be evaluated by the criterias established in this document. Response to specification is primary in determining the best overall service to the City. Failure to comply with the listed General Conditions may result in disqualification of proposal. The successful proposer will be that proposer who has scored the highest on the evaluation criteria. The proposals will be evaluated and rated on the following areas. 5 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 1. Compliance with specifications Agency's past/current experience working with a combination 2. of utilities, ambulance, miscellaneous receivable accounts, code enforcement liens, and returned items (checks) 3. 4 4� Number of current contracts with other Texas municipal governmental entities Price for services Process and timing of payments to City and billing for services Proposal Evaluation (Part D onlyl �. 1 2 Years experience in Texas municipal�,court collections References listed and response 3. Experience with electronic data and payment transfer 4. Warrant collection experience 5. Collection Procedures 6. Computer System InterFacing/Compatibility with the City's Court System 7 Process and timing of payments to City and billing for services 25% 20% 15% 25% 15% 20% 20% 15% 10% 15% 10% 10% Award The City reserves the right to award by line item, section, or by entire proposal; whichever is most advantageous to the City, unless denied by the proposer. The Denton City Council must approve 6 — RFP #4633 �i CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES the vendor selected to provide the services outlined in the specifications. Each proposal should be submitted as completely and accurately as possible. The City reserves the right to request additional data or clarifications as needed. Quantities indicated on the Proposal Form (p. 1-2) are estimates based upon the best available information. The City reserves the right to increase or decrease the quantities to meet its actual needs without any adj.ustments in the proposed price. Individual purchase orders will be issued on an as needed basis. Contracts & Bonds The successful awarded vendorwill be required to sign the original contract and submit a$50,000 surety bond, guaranteeing payment to the City for monies due the City, before work is to commence. Proposal must include any exceptions to the sample contract(s) located in Appendix A and B. 7 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES SPECIAL TERMS AND CONDITIONS Contract Terms Successful vendor(s) will be awarded a twenty-four (24) month contract, effective from date of award or notice to proceed as determined by the City of Denton Purchasing Department. At the City of Denton's option and approval by the vendor, the contract may be renewed for three additional one (1) year periods, as further explained in Renewal Options. Prices must remain firm for the entire contract. Renewal Options The City of Denton reserves the right to exercise an option to renew the contract of the vendor for three additional one (1) year periods, provided such option is stipulated in the Special Conditions and agreed upon in writing by both parties. All prices, terms and conditions must remain the same for each optional additional one-year period. If the City exercises the right in writing, the Proposer shall update and submit any legal documents required during the initial solicitation by no laterthan thirty (30) calendar days prior to the commencement of the option period. These documents, if applicable, will be specified in the Special Conditions and include, but are not limited to, Insurance Certificates and Performance Bonds and must be in force for the full period of the option. If the updated documents are not submitted by the Proposer in complete form within the time specified, the City will rescind its option and seek a new solicitation. Cooperative Purchasing The City of Denton encourages Cooperative Purchasing efforts among the governmental entities; therefore it would be in the vend�r's best interest to help the City of Denton facil'itate this cooperative effort. Should other Governmental Entities decide to participate in this contract, would you, the Vendor, agree that all terms, conditions, specifications, and rip •cing would apply? Yes No If you, the Vendor, checked yes, the following will apply: Governmental Entities utilizing Inter-Governmental Contracts with the City of Denton will be eligible, but not obligated, to purchase materials/services under the contract(s) awarded as a result of this solicitation. All purchases by Governmental Entities other than the City of Denton will be billed directly to that Governmental Entity and paid by that Governmental Entity. The City of Denton will not be responsible for another Governmental Entity's debts. Each Governmental Entity will order its own material/services as needed. 8 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES FOR DISADVANTAGED BUSINESS ENTERPRISES ONLY Disadvantaqed Business Enterprises (DBE) are encouraged to participate in the City of Denton's RFSP process. The Purchasing Department will provide additional clarification of specifications, assistance with Proposal Forms, and further explanation of RFSP procedures to those DBEs who request it. Representatives from DBE companies should identify themselves as such and submit a copy of the Certification. The City recognizes the certifications of the State of Texas Building and Procurement Commission HUB Program. All companies seeking information concerning DBE certification are urged to contact. State of Texas HUB Program Texas Building and Procurement Commission PO Box 13047 Austin, TX 78711-3047 (512) 463-5872 If your company is already certified, attach a copy of your certification to this form and return with proposal. COMPANY NAME: REPRESENTATIVE: ADDRESS: CITY, STATE, ZIP: TELEPHONE NO. Indicate all that apply: Minority-Owned Women-Owned .Disadvantaged FAX NO . Business Enterprise Business Enterprise Business Enterprise 9 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES VENDOR REFERENCES Please list top three (3) Government references, other than the City of Denton, who can verify the quality of service your company provides. The City prefers customers of similar size and scope of work to this proposal. GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: GOVERNMENT/COMPANY NAME: LOCATION: CONTACT PERSON AND TITLE: TELEPHONE NUMBER: SCOPE OF WORK: CONTRACT PERIOD: REFERENCE ONE REFERENCE TWO - REFERENCE THREE `[��:»�:i[:��Cj CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES SPECIFICATIONS The City of Denton (City), is seeking a qualified Collection Company (Vendor), to provide collection services for accounts receivables. Account receivables that are owed to, but not been collected by the City, can include services for utilities, ambulance, code enforcement liens, Municipal Court fines, returned checks, and other miscellaneous accounts. It is preferred that collection services are provided for all the services listed above, The majority of accounts sent to the vendor for collections will consist of utilities and ambulance services. If collection services cannot be provided for the four services, utilities, ambulance services, code enforcement liens, and Municipal Court fines, please submit a quote for each service that can be performed by your company. The following information MUST be include in a submitted proposal: Company or Firm Legal Name Physical Address and Mailing Address (if different from Physical Address) of Proposer Person Authorized to Sign Proposal Authorized Person's Title Phone Number(s) (including area code) of Company or Firm Company or Firm Fax Number Federal Tax ID# Submittirlg Proposals This request for sealed proposal is seeking proposals for four (4) distinct projects: Part A: for collection services for delinquent utility accounts, including active drainage accounts and miscellaneous accounts. Part B: for collection services for ambulance billing. Part C: for collection services of code enforcement liens including mowing, trash and debris removal and all other liens or judgments the City may hold and in its discretion for collections. Includes collection services for return items (return checks) for miscellaneous accounts. Part D: for collection services of Municipal Court Class C Misdemeanor violations that have been adjucated and are past due and/or in warrant status. Part E: Combined Parts A through D(see proposal page) Proposals may be submitted on a single PART or a combination of PART. The contract will be awarded to the vendor whose proposal is determined by the City to be the highest ranking service provider that meets specifications. The following requirements 11 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES must be met for full consideration in the decision making process. • Vendor must obtain a surety bond for $50,000, guaranteeing payment to the City for monies due the City under the contract period. • Vendor must be able to accept and transmit information from the City via the mail, fax or electronic file transmission at the City's option. • Vendor must report all accounts to Experian and/or another national credit bureau, at the time the accounts are received from the City. • Vendor must actively pursue all receivables, turned over by the City, regardless of the amount owed. • Vendor will retain all accounts for the life of the account. At the end of the life of the account, inactive uncollected accounts must be promptly returned to the City along with its findings and recommendations. Active accounts (those who have a payment pending or are actively on a payment plan) may be retained by the vendor for an additional 180 days, but will be returned sooner if an account becomes inactive. If the vendor has not succeeded in collection any part of an account during that time period, then the vendor must promptly submit its findings and recommendations to the City. • Vendor will retain a record of all accounts for the life of the account for credit bureau reporting purposes. �, �, • In processing and handling Emergency Medical Service Ambulance accounts, vendor must comply with all Health Insurance Portability and Accountability Act (HIPPA) requirements and must maintain a compliance program or policy in place. • In processing and handling Code Enforcement Liens, vendor must comply with state law of accrual of interest penalties. • In processing and handling Utilities, vendor must comply with federal Red Flag Rules. • In processing and handling Municipal Court fines, vendor must comply with state statutory requirements, most notably Article 103.003 of the Code of Criminal Procedure. • Vendor must provide monthly reports on the collection activities. These reports are due to the City by the 15t" of each month and should include: 1. Acknowledgment of accounts received (number of accounts and total revenue) 2. Itemized monthly activity statements (include for each service: summary of collection activity, each debtor account collection status, and verified fee amount due to collector) 3. Statement of accounts being returned to the City 12 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES . Vendor must pro�ide regular, periodic software or electronic reports to the City to ena�ble account balance review by the City, and vendor comments regarding review of accounts held by the vendor. Vendor must provide technical support to enable electronic placement of accounts. . The City will pay the agreed upon fee based on the amount collected on a monthly basis. A monthly report will be provided by the City by the 5th working day of payments received from debtors during the previous month for billing purposes. • It is preferred that the vendor is located within the state of Texas and preferably located within the Dallas/Fort Worth/Denton Metroplex. The vendor must be licensed to conduct business in the state of Texas. . It is preferred that the vendor employs bilingual collectors who can correspond with Spanish-speaking debtors both orally and in writing. • Vendor correspondence and collection methods must comply with a format acceptable to the City and be in accordance with all federal, state and local statutes regarding Fair Debt Collections practices. . Vendor's collection experience and qualifications must be sufficient to provide the most adequate and secure collection services as determined by the City. . Vendor must provide skip-tracing services. ADDITIONAL SPECIFICATIONS (PART D only — Municipal Court Fines) I. Purpose The purpose of this request is to solicit proposals to collect on Class C Misdemeanor violations that have been adjudicated and are past due and/or in warrant status, for the City of Denton. The objective of the Proposal is to obtain the collection services of a collection agency (Contractor), who will provide immediate and consistent efforts in collections and a timely return of the maximum dollars by reimbursement on each case or warrant collected. II. Nature of Municipal Court Services Required The Court will provide files electronically to the Contractor of those persons having outstanding City of Denton Municipal Court cases. This information can include, but is not limited to the following: a. Person's name, personal identifiers and driver license number, last known residential address, last known telephone number, citation number, alleged 13 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES offense committed, offense date, amount of fine, amount paid (if any), amount due, and if applicable, date of warrant and warrant number and amount of fine/bond. City will provide current file layouts. Electronic transfer of data is the preferred method of correspondence of the files. It will be the Contractor's responsibility to assure compatibility of City's data files and transmittal medium to the Contractor's computer system. 2. The City will send various outstanding cases to the Contractor for collection services on a monthly basis. These cases and warrants consist of the following types: a. Active Warrants — These are warrants in which a judgment has been entered assessing a sum owed by the defendant in order to discharge the defendant from liability, and the defendant is subject to immediate arrest. 3. The Contractor will be able to perform the following: a. Develop a series of contacts with the defendant that do not violate the defendant's statutory and constitutional rights. b. Will adhere to state statutory requirements, most notably Article 103.003 of the Code of Criminal Procedure, in performing collection duties. c. Will attempt to contact the defendant named in any case or warrant �, submitted for collection service at least six (6) times in a 180-day period through a rotating telephone and letter cycle. Voice/telephone contact attempts shall be limited to between the hours of 8:00 a.m. and 8:00 p.m., Monday through Saturday. No Sunday contacts will be attempted. No in- person contacts will be permitted. d. Will submit transcripts of telephone contacts and written communications for approval by the City for collection services. The Contractor shall pay all associated costs with the telephone contract and written communications. e. Will instruct all defendants to forward no money directly to the City of Denton Municipal Court. Should the Court receive a payment from a defendant, the Court shall forward payment directly to the contractor in the form of the original negotiable instrument received. f. Will send an acknowledgment (approved by the City) of receipt of payment on the City's behalf to all named defendants in cases and warrants which are collected by payment of sums owed. g. The City may recall at any time from the Contractor a case previously referred for collection efforts, when in the opinion of the City, the best interest of the City will be served by recalling the case and/or warrant. Contractor will return information on cases submitted for collection services including information developed by the Contractor regarding the defendant or his/her whereabouts. 14 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES h. Will use due diligence, reasonable and ethical methods, and employ lawful means to effect collection on the City's outstanding cases. i. Will guarantee that every defendant will be dealt with in a professional, courteous manner. j. Will guarantee that a full-time customer service representative will be assigned to the City of Denton and available to address day-to-day issues. k. Will guarantee that a management-level staff inember will be available to meet with the City of Denton staff on a 24-hour notice. I. Will send to the City of Denton only the money that is due the City. The City will not collect nor distribute the collection fee. 4. All information supplied by the City to the Contractor shall be kept confidential and not disclosed to parties other than the Contractor's employees on a need-to-know basis for the purpose of contract perFormance and to the defendant or the person answering the phone of defendant's residence. 5. Both the City and the Contractor will jointly review the appropriate cases for which payment is due to the City on a monthly basis. a. The Contractor will not receive compensation for cases and warrants disposed of in which the City does not receive any payments, including but not limited to situations in which cases orwarrants are disposed of byway of arrest, defendant's credit for sums owed by jail time credit, community service, dismissal of any case or if defendant is found not guilty, or forwhich no money is actually received by the Court. b. Total collection fees received by the Contractor will not exceed the percentage as specified in Chapter 103 of Texas Code of Criminal Procedures. c. The City shall not be liable under the contract for any services which are unsatisfactory or which the City has not approved. d. Contractor will not be entitled to reimbursement for expenses incurred under the Contract. 15 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES Schedule of Events Issuing the Request for Sealed Proposal ...................................................... March 8, 2011 Pre-Proposal Conference ............................................................................ March 23, 2011 Deadline for technical questions by ........................................................... March 31, 2011 Proposal due date ............................................................................................April 7, 2011 Recommendation to City Council for Award ..................................................... May 3, 2011 Contract Start Date .......................................................................................... May 3, 2011 All technical questions regarding this RFSP should be directed in writing to: PARTS A - C Pamela Dugger Credit & Collection Acct Supervisor City of Denton 601 E. Hickory, St., Ste F Denton, TX 76205 PART D Toby May Municipal Court Administrator City of Denton 601 E. Hickory St., Ste. D Denton, TX 76205 Fax: (940) 349-7211 E-Mail: Pamela.Dugger@cityofdenton.com Fax: (940) 349-8515 E-Mail: Toby.May@cityofdenton.com City of Denton's Estimated Outstandina Account Data Estimates as of October 2010: Part Tvpe of Account Time Period No. of Accounts A Utility 8/2003 — 08/2010 9983 Utility Avg. Age 90 days 360 : C � Ambulance 2003 — August 2010 Ambulance Avg. Age 240 days Code Enf. Liens 2003 — August 2010 Code Enf. Liens Avg. Age 45 days Municipal Court Fines2005 — February 2011 Municipal Court Fines Avg. Age 870 days 14,179 90 111 3 12,016 136 16 — RFP #4633 Average Amount $ 299.30 per acct. $290.00 per acct. $ 615.36 per acct. $951.49 per acct. $1,011.56 per acct. $112.00 per acct. $411.13 per acct. $377 per acct. CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES The following response components must be included with proposal: (tab in order) 1. Companv Experience Detail the experience the company office that will be responsible for this account has had in collection of delinquent municipal accounts receivables. Include answers to the questions listed under the Experience and Reputation section of the Collection Services Questionnaire (Appendix B). 2. Provide five references of collections in excess of $500,000 and any governmental agencies. If not applicable, list your top three accounts (Texas accounts preferred). Include name, address, phone number of the contact person, and length of time such entity or entities have been your client. Indicate specifically what type(s) of collections services you provide. The vendor reference page included on page 10 shall be used. 3. Provide the number and type of collection clients your company has gained in the last 12 months and how many your company has lost in the last 12 months, and briefly explain the loss of each client. 4. Explain in relevant detail how your company researches proper addresses and ownership for delinquent accounts. 5. Provide outline of progressive course of action taken to pursue delinquent accounts. You may use the format under question number 1 on the Collection Services Questionnaire (Appendix E). 6. Methods to be used Describe the methods your company will use in the collection process for delinquent municipal accounts receivables. Include methods as producing and mailing collection letters, delinquent statements, notifications and other similar mailings, follow-up calls, and handling inquiries from customers 7. Provide sample relevant documents, including the following: a. I nvoices b. Proposed collection notices/letters to be sent to an individual c. Proposed collection notices/letters to be sent to an entity or a company d. Telephone scripts e. Progress/status reports that will be provided to the City of Denton f. Performance of collection of warrant cases (Part D only) 8. Completed Collection Services Questionnaire (Appendix E) 9. List of exceptions (if any) to sample contract(s) (Appendix A and B) 17 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 18 - RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES AGREEMENT FOR COLLECTION SERVICES Parts A — C only THIS AGREEMENT is made and entered into as of the day of 2011, by and between the City of Denton, Texas, a Texas Municipal Corporation, with its principal office at 215 East McKinney,Stre.�t, Denton, Texas 76201 (hereafter "CITY"); and �, �,,�,., wi��i its corporate office at , (hereafter "C`�LL�CT�OR��feac�cting herein, by and through their duly authorized representative or officer�. ,� �� WITNESSETH, that in consideration contained, the parties hereto do mutually agre The CITY hereby contra COLLECTOR hereby��grees � stated in the artiEfes to"�� oll�� standards custo �ari4�i ok�t��ne services set out �.reir� are in c TIC he �"co�vena�t`�.�d,�agreements herein CTOF�;�as an��dependent contractor, and the �r`�i�ce�s herein in connection with the Project as e and in accordance with the professional ices in the State of Texas. The professional the following described Project, to wit: To provide �,collecti��_�ervices for miscellaneous accounts receivable. Accounts receivable that are owed�Q, but have not been collected by the CITY, can include services for utilities, ambulance and o�her� miscellaneous accounts. The requirement is to increase revenue collections and at the same time maintain a professional approach when managing "bad debt" accounts of the CITY. ARTICLE II SCOPE OF SERVICES The COLLECTOR shall perform the following services in a professional manner: A. The COLLECTOR shall perForm those services as are necessary and as described in the CITY'S "Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" which is attached hereto, incorporated by reference and made a part hereof as Exhibit «A „ B. Referral of Accounts - Collector agrees to accept all first placement accounts receivable referred to Collector for collection ("Accounts") by CITY. It is expressly agreed that any and all Account information disclosed to Collector through placement ofAccounts will remain in the strictest confidence and will not be disclosed to any other party without the CITY's written authorization and within the legal requirements of the Health Insurance Portability and Accountability Act (HIPPA). 19 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES C. Collection Efforts — COLLECTOR's services and collection efforts shall include the sending of demand letters; attempting telephone contact with debtors; attempting to locate debtors; obtain updated financial and credit information with respect to debtors; and arranging payment arrangements from the debtors in order to satisfy the indebtedness to be collected. For each Account, COLLECTOR shall make these collection efforts for a period of at least 730 days from receipt of the Account. At the end of the 730 day period, all inactive uncollected Accounts must be promptly returned to the CITY, along with its findings and recommendations. Active Accounts (those who have a payment pending or are actively on a payment plan) may be retained by COLLECTOR for an additional 180 days, for a total of 910 days, or returned sooner if an Account becomes inactive. If COLLECTOR has not succeeded in collecting any part of the Account during that time period, then COLLECTOR shall promptly submit its findings and recommendations to the CITY. D. Collections and Settlement - COLLECTOR shall in all cases attempt to collect the total sum of outstanding receivables and all charges owed by the debtor on an Account. E. Notification of Claims - COLLECTOR agrees to promptly advise CITY of any claims or causes of action asserted against the CITY by any debtor. F. Return of Accounts - Unless this Agreement shall be terminated as hereinafter pro`vided, and unless CITY expressly agrees otherwise; in advance, for each Account, COLLECTOR shall cease its activities and return the Account to the CITY if (i) no collection arrangement has been made within730 days of receiving the Account, or (ii) after having made a collection arrangement for a particular Account, no amounts are collected by the Collector for a continuous period of 365 days. The Accounts may not be held for a period longer than eighteen (18) months. G. Withdrawal of Referred Accounts - CITY may withdraw any Account assigned to COLLECTOR at any time for any reason. H. Reporting - COLLECTOR shall submit to the CITY, activity reports and such other information relative to the Accounts as is requested in the "Request for Sealed Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" document attached hereto as Exhibit �,A �, If there is any conflict between the terms of this Agreement and the Exhibits attached to this Agreement the terms and conditions of this Agreement will control over the terms and conditions of the attached Exhibits. 20 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES ARTICLE III PERIOD OF SERVICE A. This Agreement shall become effective on its date of final approval by the Denton City Council. The term of this Agreement shall be for twenty-four (24) months. It shall be renewable for up to two (2) additional one-year periods, with all the terms and conditions remaining unchanged, if agreed to by both parties, provided that COLLECTOR's perFormance of this Agreement is not objectionable as determined by the City Council. Provided however, the renewal of said Agreement for each of the two (2) additional one-year periods shall be automatic unless the CITY provide a minimum of thirty (30) days written notice to the other party, before the Agreement term or any such renewal term expires. B. CITY may terminate this agreement immediately by oral or written notice if (i) COLLECTOR violates or breaches any term or condition of the Agreement, or if (ii) CITY reasonably determines that there has been a material adverse change in COLLECTOR's financial condition. COLLECTOR shall still be entitled to receive its fee as provided in Article IV hereof. In case of termination hereunderthis paragraph (i) all accounts and file materials shall be returned immediately to the CITY, (ii) COLLECTOR shall immediately cease all collection efforts on CITY Accounts. ARTICLE IV COMPENSATION COLLECTOR as full compensation for its services performed hereunder shall receive a fee of % on all monies collected on Accounts in the COLLECTOR'S possession for which the COLLECTOR has begun active collection procedures. Active collections will be based on proof of first contact with the debtor. If the CITY collects on an Account that is in the COLLECTOR's possession that the COLLECTOR has not started pursuing collections, then COLLECTOR shall receive a fee of %. These fees are more particularly outlined in the "Summary" attached hereto as Exhibit "B". The fee for collections requiring legal action shall be %. It is understood, however, that no legal action will be taken by the COLLECTOR without the express advance written approval of the CITY. ARTICLE V REMITTANCES COLLECTOR shall instruct debtors to send their payment(s) directly to the COLLECTOR. COLLECTOR shall include payment instructions, as specified in the "Request for Seal Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services" (Exhibit "A" hereto), in all correspondence or other materials sent to each debtor. The COLLECTOR will remit monthly, by the of each month, to the CITY payment(s) received by debtors with a report of payments received from debtors on Accounts during the previous month. The CITY shall remit monthly, by the 15t" of each month, the agreed fee to COLLECTOR based solely upon the reported information. 21 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES ARTICLE VI INDEPENDENT CONTRACTOR The COLLECTOR shall provide services to the CITY as an independent contractor, not as an employee of the CITY. COLLECTOR shall not have or claim any right arising from employee status. ARTICLE VII INDEMNITY AGREEMENT THE COLLECT�R SHALL INDEMNIFY AND SAVE AND HOLD HARMLESS THE CITYAND ITS OFFICERS, AGENTS, AND EMPLOYEES FROM AND AGAINSTANYAND ALL LIABILITY, CLAIMS, DEMANDS, DAMAGES, LOSSES AND EXPENSES, INCLUDING BUT NOT LIMITED TO COURT COSTS AND REASONABLE ATTORNEY FEES INCURRED BY THE CITY, AND INCLUDING WITHOUT, LIMITATION DAMAGES FOR BODILY AND PERSONAL INJURY, DEATH AND PROPERTY DAMAGE, RESULTING FROM THE NEGLIGENT ACTS OR OMISSIONS OF THE COLLECTOR OR ITS OFFICERS, SHAREHOLDERS, AGENTS, OR EMPLOYEES IN THE EXECUTION, OPERATI�N, OR PERFORMANCE OF THIS AGREEMENT. NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED TO CREATE A LIABILITY TO ANY PERSON WHO IS NOT A PARTY TO THIS AGREEMENT AND NOTHING HEREIN SHALL WAIVE ANY OF�THE PARTY'S DEFENSES, BOTH AT LAW OR EQUITY, TO ANY CLAIM, CAUSE OF ACTION OR LITIGATION FILED BYANYONE NOT A PARTY TO THIS AGREEMENT, INCLUDING THE DEFENSE OF GOVERNMENTAL IMMUNITY, WHICH DEFENSES ARE HEREBY EXPRESSLY RESERVED. ARTICLE VIII ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The CITY and COLLECTOR may agree to settle any dispute under this Agreement by submitting the dispute to arbitration or other means of alternate dispute resolution such as mediation. No arbitration or alternate dispute resolution arising out of or relating to, this Agreement involving one party's disagreement may include the other party to the disagreement without the other's approval. ARTICLE IX BOND During the performance of the professional services under this Agreement, the COLLECTOR shall maintain the following surety bond with a surety licensed to do business in the State of Texas and in a form approved by the City Attorney: A. A surety bond in an amount of at least $50,000, guaranteeing payment to the CITY 22 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES for monies due the CITY during the Agreement term or any renewal thereof, to be in effect for the term of this Agreement or any renewal thereof, and for an additional period of ninety (90) days thereafter. ARTICLE X RESPONSIBILITY FOR CLAIMS AND LIABILITIES Approval by the, CITY shall not constitute nor be deemed a release of the responsibility and liability of the COLLECTOR, its employees, associates, agents, subcontractors and sub-consultants for the competency of their work; nor shall such approval be deemed to be an assumption of such responsibility by the CITY for any work by the COLLECTOR, its employees, associates, agents, subcontractors, and sub- consultants. ARTICLE XI NOTICES All notices, communications, and reports required or permitted under this Agreement shall be personally delivered or mailed to the respective parties by depositing same in the United States mail at the address shown below, certified mail, return receipt requested unless otherwise specified herein. Mailed notices shall be deemed communicated as of three (3) days mailing: TO COLLECTOR: TO CITY: For Contractual Notices CITY OF DENTON Attn: Ethan Cox Customer Svc. Manager 601 E. Hickory St., Ste. F Denton, TX 76205 For Account Activity CITY OF DENTON Attn: Pamela Dugger Credit/Collections Accounts Supervisor 601 E. Hickory St., Ste. F Denton, TX 76205 All notices shall be deemed effective upon receipt by the party to whom such notice is given or within three days mailing. ARTICLE XII ENTIRE AGREEMENT This Agreement consisting of eight (8) pages and two (2) Exhibits constitutes the complete and exclusive statement of the terms of their agreements and supercedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications and agreements which may have been made in connection with the subject matter hereof. 23 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES ARTICLE XIII SEVERABILITY If any provision of this Agreement is found or deemed by a court of competent jurisdiction to be invalid or unenforceable, it shall be considered severable from the remainder of this Agreement and shall not cause the remainder to be invalid or unenforceable. In such event, the party shall reform this Agreement to replace such stricken provision with a valid and enforceable provision which comes as close as possible to expressing the intention of the stricken provision. ARTICLE XIV COMPLIANCE WITH LAWS The COLLECTOR shall comply with all federal, state, local laws, rules, regulations, and ordinances regarding Fair Debt Collections practices for which is applicable to the work covered hereunder as they may now read or hereinafter be amended. ARTICLE XV DISCRIMINATION PROHIBITED In performing the services required hereunder, the COLLECTOR shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical h�andicap. �, ARTICLE XVI PERSONNEL A. The COLLECTOR represents that it has or will secure at its own expense all personnel required to perform all the services required underthisAgreement. Such personnel shall not be employees or officers of, or have any contractual relations with the CITY. COLLECTOR shall promptly inform the CITY in writing of any conflict of interest or potential conflict of interest that may arise during the term of this Agreement. B. All services required hereunder will be performed by the COLLECTOR or under its care, custody, and supervision. COLLECTOR shall ensure that all personnel engaged in work are duly qualified, and permitted under state and local laws to perform such services. ARTICLE XVII ASSIGNABILITY The COLLECTOR shall not assign any interest in this Agreement and shall not transfer any interest in this Agreement (whether by assignment, novation or otherwise) without the prior written consent of the CITY. 24 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES ARTICLE XVIII MODIFICATION No waiver or modification of this Agreement or of any covenant, condition, limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising between the parties hereto out of or affecting this Agreement, or the rights or obligations of the parties hereunder, unless such waiver or modification is in writing, and is duly executed. The parties further agree that the provisions of this article will not be waived unless as herein set forth. ARTICLE XIX MISCELLANEOUS A. The following Exhibits are attached to, incorporated herewith, and are made a part of this Agreement: 1. Exhibit "A" — RFSP #4633 — Request for Seal Proposal for Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services. B. Venue of any suit or cause of action under this Agreement shall lie exclusively in Denton Cou�nty, Texas. This Agreement shall be construed in accordance with the laws of the State of Texas. C. COLLECTOR will promptly advise CITY of any Account on which it receives a notice of bankruptcy. At the CITY's written request, COLLECTOR will file a proof of claim on behalf of the CITY in CITY's name, as its agent. D. If COLLECTOR's efforts result in collateral, securing an Account, being returned to the CITY, then COLLECTOR shall be entitled to receive the standard fee that otherwise would have been paid under Article IV herein, based upon the net amount of money that the CITY receives from the sale of the collateral. The cost to the CITY of repossession, of storing, and of selling the collateral shall be first deducted from the amount of sale proceeds COLLECTOR is paid a fee on. CITY shall promptly report to COLLECTOR when the collateral is sold, the applicable costs of repossession, of storage, of selling the collateral, and the sale price. CITY shall then remit COLLECTOR's fee hereunder within thirty (30) days from receipt of payment from the Purchaser of the property at the sale. E. COLLECTOR will accurately, lawfully, and fairly report all accounts to EXPERIAN andlor another credit bureau immediately upon receipt of accounts information on the Accounts received from the CITY. F. COLLECTOR will provide technical support to enable electronic placement of 25 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES Accounts. COLLECTOR will also provide regular, periodic software or electronic reports to the CITY to enable Account balance review by the CITY, and COLLECTOR comments regarding review of Accounts held by COLLECTOR, each in order to comply with the specifications of the "Request for Sealed Proposal" attached hereto as Exhibit "A." G. The captions of this Agreement are for informational purposes only and shall not in any way affect the substantive terms or conditions of this Agreement. IN WITNESS HEREOF, the City of Denton, Texas has executed thisAgreement by and through its duly authorized undersigned City Manager; and COLLECTOR has executed this Agreement by and through its duly authorized undersigned officer, in duplicate original counterparts, on this the day of , 2010 ATTEST: JENNIFER WALTERS, CITY SECRETARY : APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : WITNESSIATTEST: : CITY OF DENTON, TEXAS A Texas Municipal Corporation By: GEORGE C. CAMPBELL, CITY MANAGER (NAME OF COLLECTOR) By: _ Name: Title: 26 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 27 - RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES CONTRACT FOR THE COLLECTION OF MUNICIPAL COURT FINES THE STATE OF TEXAS COUNTY OF DENTON THIS CONTRACT is made and entered into by � McKinney, Denton, Texas 76201 ("CITY"), acting herein ("FIRM"), a corporation,� 1. CITY agrees to employ and does FIRM hereby agrees to enforce by suit or � filed in the CITY's Municipal Court, as� owing to the City (delinquent 103 .0031 of the Texas �od�� the following service,� A. FIRM sha� 103.0031 of the Texas designee. �y Denton, 215 E. rning body, and in Texas. OF �'�RM��``�� iy�,��RM, as � independent contractor and oll�ctio� o��ll delinquent warrants on cases �r�deb s. a�counts receivable and other debts m�av be collected under Section by the City. The FIRM shall perfortn �� ucip�l Court collection services authorized by the Section Proced'ure as may be requested by the City Manager or his B. FIRM shall perform all these services set forth in the City of Denton RFP No. 4633 Request for Sealed Proposals for Collection Services and FIRM's proposal in response to RFP No. 4633 dated , attached respectively as E�iibits A and B and made a part of this Contract for all purposes provided; however, in the event of any conflict between the terms of this Contract and E�ibits A and B, the terms of this Contract shall prevail. C. FIRM hereby agrees to perform the services herein with diligence and in accordance with the highest professional standards customarily obtained for such services in the State of Texas. 2. PROVISION OF INFORMATION CITY agrees to furnish a11 necessary warrants and other Municipal Court collection information to FIRM as indicated in the E�ibit A. 3. INVESTIGATION AND ASSISTANCE FIRM agrees to conduct investigations as to the address of each delinquent person where such information may be incorrect on utility bills, delinquent tax records and other sources. FIRM shall bring to the attention of the appropriate official of CITY any errors, discrepancies, or inaccuracies in the information provided on the delinquent Municipal Court fine records detected by FIRM. FIRM further 28 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES agrees to provide CITY with any advice or assistance in connection with updating the Municipal Court records. CITY shall make available to FIRM information which CITY may have with regard to the name, identity, and location of necessary parties in connection with each delinquent account upon request by FIRM. 4. PROCEDURES FOR COLLECTION Upon initial receipt of the delinquent Municipal Court records by FIRM in computer readable form, FIRM agrees to initiate procedures for the collection of the full amount due from each delinquent person. Within a reasonable time frame but not more than sixty (60) days from FIRM's receipt of the delinquent Municipal Court records, FIRM hereby agrees to send, by first class mail, a notice of delinquency to each and every delinquent person, requesting said person to remit the full amount due and owing to CITY. 5. REVIEW AND AUTHORIZATION Following transmittal of the notice of delinquency as specified hereinabove, FIRM will commence procedures in anticipation of litigation or other substantial collection action for aggressive pursuit of collection. CITY shall have absolute discretion over those accounts on which suit should be filed and sha11 pursue litigation itself or through contractors other than FIRM. 6. COLLECTION SERVICES FIRM agrees (1) to provide CITY collections advice and written opinions regarding collection matters upon request; (2) to respond to delinquent person inquiries and to advise CITY, in writing, or, and make any recommendations concerning installment payment agreements and settlement agreements proposed by the delinquent person. CITY shall have final deternunation in acceptance of a11 installment payments or settlement agreements within parameters established by CITY. FIIZM sha11 have discretion to enter into installment agreements subject to CITY's prerogative of final determination and FIRM shall notify CITY of each installment agreement within one work day of the agreement. In all demand letters and all cornmunications with delinquent persons, FIRM shall inform and instruct the person to remit the payment to FIRM. If remittance is received by CITY, it will be transmitted in its entirety to FIRM and received for processing within three business days. Checks made payable to CITY shall be endorsed by CITY to FIlZM. 7. MANAGEMENT REPORTS FIRM agrees to make delinquent collection management reports to CITY monthly and quarterly, in a format containing information as requested by CITY's Executive Director of Finance and Municipal Court Administrator. Management reports may include, without limitation: 1. Number of phone or other delinquent person contacts within first 180-day period; 2. First demand letters mailed; 3. Number and value of bankruptcies filed; 29 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 4. Copies of proof of claims fled in banlcruptcy court; 5. Number and value of delinquent accounts not collected as a percentage of total delinquent accounts provided by CITY for collection. 6. Any other information which is indicated under "E�ibit A or B" or as may be required under the Contract. Within parameters established at the initiation of the collection program, FIRM shall advise CITY of any case in which FIRM's investigation has revealed that the delinquent person cannot be found, the enforcement of a judgment cannot be accomplished, or further attempts at collection would be futile and FIRM's recommendation relative to the proper disposition of the case. In such cases, the CITY shall advise FIRM as to the appropriate disposition of the account. 8. COMPENSATION A. As compensation far the services rendered hereunder by FIRM, CITY hereby agrees that FIRM may collect a collection fee of thirty percent (30%) ofthe total amount of a11 delinquent amounts, as authorized by Section 103.0031(b) of the Code of Criminal Procedure. All compensation set forth above sha11 become the property of CITY at the time payment of the delinquent fines or other amounts received by FIRM. Said collection fee will only be paid to FIRM after it has been received from the delinquent person as an additional amount added to the amount of unpaid fine or other debt owed. FIRM shall not be entitled to the aforesaid thirty percent (30 %) unless and until FIRM has taken some action in connection with recovering delinquent amounts. The transmittal of a notice of delinquency shall constitute sufficient action in arder to entitle FIRM to the fee aforesaid. In no event shall FIRM be entitled to any fee unless and until CITY actually receives the delinquent fines, other amounts or court costs from FIRM. In no event shall FIRM be entitled to any fee unless said fee is collected by FIRM during the term of this Contract or fee is collected by CITY on account(s) upon which FIRM is actively pursuing at the time of judgment. In no event shall FIRM be entitled to any fee in cases where payment is involuntary as in an arrest. FIRM shall pay said fines, other amounts or court costs to CITY by check monthly. B. The compensation set forth in this paragraph of this Contract sha11 be the total compensation due to FIRM from CITY for all services provided pursuant to this Contract and in no event shall FIRM seek any additional compensation from CITY. CITY shall not be responsible to pay for any services which are unsatisfactory or that the CITY has not approved. 9. CONFLICTS OF INTEREST FIRM agrees not to represent any client who has an adversary position with the CITY, engage in any conflict of interest and to fully comply with any applicable codes of professional conduct or ethics laws for the duration of this Contract. 10. TERM The term of this Contract shall be for one year beginning on and ending on the unless sooner terminated in accordance with Section 27 of this Contract. FIRM 30 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES may renew this Contract for three (3) additional one-year period upon giving CITY a notice in writing of its intent to renew not later than sixty (60) days before the expiration of the initial term. FIRM shall have an additional six months to assist the CITY in reducing to judgment and sale any collection lawsuits filed and collect all banlcruptcy claims filed prior to the termination date, and sha11 have a right to compensation of fees earned on any of these matters FIR.M has exclusively handled during this six month period. CITY shall have the right to sooner terminate this Contract by giving ten (10) days' written notice of such intention, or in the event of any of the events taking place under Section 27 Termination of Agreement". In case of such termination, FIRM shall be entitled to receive and retain all compensation due up to the date of said termination. Upon termination, FIRM shall immediately deliver a11 files in their entirety to CITY at no cost to CITY. 11. SETTLEMENTS No settlements or compromises of fines or other collectable amounts shall be effected where prohibited by law and where authorized by law, only upon approval by CITY. 12. NOTICE Any notice or other written instnunent required or pernutted to be delivered pursuant to the terms of this Contract shall be deemed to have been delivered, whether actually received or not, when deposited in the United States mail, postage prepaid, registered or certified, return receipt requested, addressed to CITY or FIRM, as the case may be, at the following addresses: CITY City of Denton, Texas ATTN: Purchasing Agent Purchasing Department 941-B Texas Street Denton, TX 76209 I' Either parly may change its mailing address by sending notice of change of address to the other at the above address by certified mail, return receipt requested. 13. VENUE The terms, obligations and requirements of this Contract shall be construed in accordance with the laws of the State of Texas. The obligations and requirements of the parties hereto are performable in Denton County, Texas. Any litigation involving this Contract shall be tried in a court of competent jurisdiction sitting in Denton County, Texas. 14. ACCEPTANCE OF EMPLOYMENT In consideration of the terms, covenants and mutual agreements hereinabove stated, FIRM hereby accepts the employment of CITY and undertakes the performance of this Contract as above 31 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES stated. 15. DIRECTIVES All directives between FIRM and CITY shall be confirmed in writing. 16. COVENANT NOT TO SUE FIRM fiirther agrees not to bring any cause of action against CITY relative to this Contract. Should FIRM bring any cause of action against CITY, FIRM agrees the liquidated damages shall not exceed $1.00 and the filing of such cause of action shall be considered a material breach of this Contract. 17. AlVIBIGUITY Any ambiguity within this Contract sha11 be liberally interpreted in favor of CITY. 18. ASSIGNMENT The rights and responsibilities of CITY under this Contract may be assigned by the City Council to another governmental unit in Denton County without approval of FIRM. It is understood and agreed that this is a specialized collection services contract and CITY is contracting for the unique services of FIRM. FIRM's rights and responsibilities under this Contract may not be assigned by FIRM to another�firm or collection agency without written approval of the'�assignment by the City Council. 19. INDEMNITY AGREEMENT The FIRM shall indemnify and save and hold harmless, and defend, at its own expense, the CITY and its officers, agents, servants, and employees from and against any and all liability, suits, claims, demands, damages, losses, and expenses, including, but not limited to court costs and reasonable attorney fees incurred by the CITY, and including, without limitation, damages for bodily and personal injury, death and property damage, of whatever kind or character, whether real or asserted, resulting from the negligent acts or omissions of the FIRM or its officers, shareholders, agents, or employees in the execution, operation, or performance of this Contract. Nothing in this Contract shall be construed to create a liability to any person who is not a party to this Contract, and nothing herein shall waive any of the parties' defenses, both at law or equiiy, to any claim, cause of action, or litigation filed by anyone not a party to this Contract, including the defense of governmental immunity, which defenses are hereby expressly reserved. 20. INSURANCE During the performance of the services under this Contract, FIRM shall maintain the following insurance with an insurance company licensed to do business in the State of Texas by the State Insurance Commission or any successor agency that has a rating with Best Rated Carriers of at least an 32 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENF�RCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES A- or above: The FIRM shall furnish insurance certificates or insurance policies at the CITY's request to evidence such coverages. The insurance policies shall name the CITY as an additional insured on all such policies, and shall contain a provision that such insurance sha11 not be canceled or modified without 30 days prior written notice to CITY and FIRM. In such event, the FIRM shall, prior to the effective date of the change or cancellation, serve substitute policies furnishing the same coverage. 21. ARBITRATION AND ALTERNATE DISPUTE RESOLUTION The parties may agree to settle any disputes under this Contract by submitting the dispute to arbitration or other means of alternate dispute resolution, such as mediation. No arbitration or alternate dispute resolution arising out of or relating to this Contract, involving one party's disagreement, may include the other party to the disagreement without the other's approval. 22. ENTIRE AGREEMENT This Contract, consisting of 9 pages and E�ibit A, constitutes the complete and final expression of the agreement of the parties, and is intended as a complete and exclusive sta.tement of the terms of their agreements, and supersedes all prior contemporaneous offers, promises, representations, negotiations, discussions, communications, and agreements which may have been made in connection with the subject matter hereof. The parties understand and agree that any previous agreements or contracts between the parties are null and void and this Contract is the sole and exclusive contract or agreement between the parties. 23. COMPLIANCE WITH LAWS The FIRM shall comply with all federal, state, and local laws, rules, regulations, and ordinances applicable to the work covered hereunder as they may now read or hereinafter be amended. 24. DISCRIMINATION PROHIBITED In perfornling the services required hereunder, the FIRM shall not discriminate against any person on the basis of race, color, religion, sex, national origin or ancestry, age, or physical handicap. 25. PERSONNEL AND EQUIPMENT A. The FIRM represents that it has or will secure, at its own expense, all personnel required to perform all the services required under this Contract. Such personnel shall not be employees or off'icers of, or ha�e any contractual relations with the CITY. FIRM shall inform the CITY of any conflict of interest or potential conflict of interest that may arise during the term of this Contract. B. All services required hereunder will be performed by the FIRM or under its supervision. All personnel engaged in work sha11 be qualified, and shall be authorized and permitted under state 33 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES and local laws to perform such services. C. The FIRM represents that it has or will secure, at its own expense, the hardware, software, and other resources required to perform, in a timely manner, all the services required under the terms of this Contract. 26. ASSIGNABILITY The FIRM shall not assign any interest in this Contract, and shall not transfer any interest in this Contract (whether by assigrunent, novation, or otherwise) without the prior written consent of the CITY. 27. TERNIINATION OF AGREEMENT A. Notwithstanding any other provision of this Contract, either party may tertninate by giving thirty (30) days advance written notice to the other party. The City further shall have as a matter of right, the option to cancel this Contract upon giving the FIRM ten (10) days advance written notice. B. This Contract may be ternvnated in whole or in part in the event of either party substantially failing to fulfill its obligations under this Contract. No such termination will be affected unless the other parly is given (1) written notice (delivered by certified mail, retlun receipt requested) of intent to terminate and setting forth the'reasons specifying the nonperformance, and not less than 30 calendar days to cure the failure, and (2) an opportunity for consultation with the ternunating party prior to tertnination. C. If the agreement is terminated prior to completion of the services to be provided hereunder, FIRM shall immediately cease all services and shall render a final bill fox services to the CITY within 3 0 days after the date of ternunation. The CITY shall pay FIRM for all services properly rendered and satisfactorily performed and for reimbursable expenses to termination incurred prior to the date of termination, in accordance with Article 9"Compensation". Should the CITY subsequently contract with a new consultant for the continuation of services on the Project, FIRM shall cooperate in providing information. The FIRM shall turn over all documents prepared or furnished by FIRM pursuant to this Contract to the CITY on or before the date of termination, but may maintain copies of such documents for its use. 28. EXCLUSIVE CONTRACT AND MODIFICATION This Contract and the attached Exhibits constitute the sole, exclusive and entire contract between the parties and replaces any previous contracts between the parties which are null and void. No waiver or modification of this Contract or of any covenant, condition, or limitation herein contained shall be valid unless in writing and duly executed by the party to be charged therewith, and no evidence of any waiver or modification shall be offered or received in evidence in any proceeding arising beiween the parties hereto out of or affecting this Contract, or the rights or obligations of the parties hereunder, and unless such waiver or modification is in writing and duly executed; and the parties further agree that the 34 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES provisions of this section will not be waived unless as herein set forth. 29. INDEPENDENT CONTRACTOR FIRM shall provide services to CITY as an independent contractor, not as an employee of the CITY. FIRM shall not have or claim any right arising from ernployee status. 30. MISCELLANEOUS A. The following e�ibits are attached to and made a part of this Contract: E�ibit "A" — RFP #4633 — Utilities, Ambulance, Code Enforcement Liens, Municipal Court Fines, and Miscellaneous Receivables Collection Services, p. 13-15 B. FIRM agrees that CITY shall, until the expiration of three (3) years after the final payment under this Contract, have access to and the right to examine any directly pertinent books, documents, papers, and records of the FIRM involving transactions relating to this Contract. FIRM agrees that CITY shall have access during normal working hours to all necessary FIRM facilities and shall be provided adequate and appropriate working space in order to conduct audits in compliance with this section. CITY shall give FIRM reasonable advance notice of intended audits. C. For the purpose of this Contract, the key persons who will perform most of this work hereunder shall be , '• , , one of whom is either an attorriey, accountant, auditor, or now works in another well recognized professional services field. However, nothing herein shall limit FIRM from using other qualified and competent members of its firm to perform the services required herein. D. FIRM shall commence, carry on, and complete any and all proj ects with all applicable dispatch, in a sound, economical, efficient manner and in accordance with the provisions hereof. In accomplishing the projects, FIRM shall take such steps as are appropriate to ensure that the work involved is properly coordinated with related work being carried on by the CITY. E. The CITY sha11 assist the FIRM by placing at the FIRM's disposal a11 available information pertinent to the Project, including previous reports, any other data relative to the Project, and arranging for the access thereto, and make all provisions for the FIRM to enter in or upon public and private property as required for the FIRM to perform services under this Contract. 31. TIME OF THE ESSENCE Time is of the essence with respect to all matters covered by this Contract. 35 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 32. CAPTIONS The captions appearing at the first of each numbered section are inserted and included solely for convenience and shall never be considered or given any effect in construing this Contract. This Contract is executed on behalf of CITY by the presiding officer of its governing body who is authorized to execute this instrument by order heretofore passed and duly recorded in its minutes and by a partner of FIRM who, by execution of this Contract, represents and warrants that he or she has the authority to execute this document on behalf of FIRM. WITNESS the signature of all parties hereto in triplicate originals this the day of , 2011, Denton County, Texas. ATTEST: JENNIFER WALTERS, CIT'Y SECRETARY :• APPROVED AS TO LEGAL FORM: ANITA BURGESS, CITY ATTORNEY : 36 — RFP #4633 CITY OF DENTON, TEXAS GEORGE C. CAMPBELL CITY MANAGER CONTRACTOR : TITLE CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 37 - RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES CITY OF DENTON INSURANCE REQUIREMENTS FOR CONTRACTORS Bidder's attention is directed to the insurance requirements below. It is highly recommended that bidders confer with their �espective insurance carriers or brokers to determine in advance of Bid submission the availability of insurance certificates and endorsements as prescribed and provided herein. If an apparent low bidder fails to comply strictly with the insurance requirements, that bidder may be disqualified from award of the contract. Upon bid award, all insurance requirements shall become contractual obligations, which the successful bidder shall have a duty to maintain throughout the course of this contract. STANDARD PROVISIONS: Without limiting any of the other obligations or liabilities of the Contractor, the Contractor shall provade and maintain until the contracted work has been completed and accepted by the City of Denton, Owner, the minimum insurance coverage as indicated hereinafter. As soon as practicable after notification of bid awarcl, Contractor shall file with the Purchasing Department satisfactory certificates of insurance, containing the bid nzcmber and title ofthe project. Contractor may, upon w�itten request to the Purchasing Departm'ent, ask for clarification of any insurance reqzsirements at any time; however, Contractors are strongly advised to make szcch reqatests prior to bid opening, since the insurance reqicirements may not be modified or waived after bid opening unless a written exception has been submitted with the bid. Contractor shall not commence any work or deliver any material until he or she receives notific�rtion that the contract has been accepted, approved, r�nd signed by the City of Denton. All insacrance policies proposed or obtained in satisfaction of these requirements shall comply with the following general specifications, and shall be maintained an compliance with these general specifications throughozat the duration of the Contract, or longer, if so noted: • Each policy shall be issued by a company authorized to do business in the State of Texas with an A.M. Best Company rating of at least A. Any deductibles or self-insured retentions shall be declared in the bid proposal. If requested by the City, the insurer shall reduce or eliminate such deductibles or self-insured retentions with respect to the City, its officials, agents, employees and volunteers; or, the contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses. • Liability policies shall be endorsed to provide the following: 38 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES • Name as additional insured the City of Denton, its Officials, Agents, Employees and volunteers. • That such insurance is primary to any other insurance available to the additional insured with respect to claims covered under the policy and that this insurance applies separately to each insured against whom claim is made or suit is brought. The inclusion of more than one insured shall not operate to increase the insurer's limit of liability. • Cancellation: City requires 30 day written notice should any of the policies described on the certificate be cancellecl or materic�lly changec� before the expiration date. Should any of the required insurance be provided under a claims-made form, Contractor shall maintain such coverage continuously throughout the term of this contract and, without lapse, for a period of three years beyond the contract expiration, such that occurrences arising during the contract term which give rise to claims made after expiration of the contract shall be covered. Should any of the required insurance be provided under a form of coverage that includes a general annual aggregate limit providing for claims investigation or legal defense costs to be included in the general annual aggregate limit, the Contractor shall either double the occurrence limits or obtain Owners and Contractors Protective Liability Insurance. • Should any required insurance lapse during the contract term, requests for payments originating after such lapse shall not be processed until the City receives satisfactory evidence of reinstated coverage as required by this contract, effective as of the lapse date. If insurance is not reinstated, City may, at its sole option, terminate this agreement effective on the date of the lapse. 39 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES SPECIFIC ADDITIONAL INSURANCE REQUIREMENTS: All insurance policies proposed or obtained in satisfaction of this Contract shall additionally comply with the following marked specifications, and shall be maintained in compliccnce with these additional specifications throughout the duration of the Contract, or longer�, if so noted: [X] A. General Liability Insurance: General Liability insurance with combined single limits of not less than $1,000,000.00 sha11 be provided and maintained by the Contractor. The policy shall be written on an occurrence basis either in a single policy or in a combination of underlying and umbrella or excess policies. If the Commercial General Liability form (ISO Form CG 0001 current edition) is used: • Coverage A shall include premises, operations, products, and completed operations, independent contractors, contractual liability covering this contract and broad form property damage coverage. Coverage B shall include personal injury. Coverage C, medical payments, is not required. If the Comprehensive General Liability form (ISO Form GL 0002 Current Edition and ISO Form GL 0404) is used, it shall include� at least: �' Bodily injury and Property Damage Liability for premises, operations, products and completed operations, independent contractors and property damage resulting from explosion, collapse or underground (XCU) exposures. • Broad form contractual liability (preferably by endorsement) covering this contract, personal injury liability and broad forxn property damage liability. [ ] Automobile Liability Insurance: Contractor shall provide Commercial Automobile Liability insurance with Combined Single Limits (CSL) of not less than $300,000.00 either in a single policy or in a combination of basic and umbrella or excess policies. The policy will include bodily injury and property damage liability arising out of the operation, maintenance and use of all automobiles and mobile equipment used in conjunction with this contract. 40 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES Satisfaction of the above requirement shall be in the form of a policy endorsement for: any auto, or all owned, hired and non-owned autos. [ ] Workers Compensation Insurance Contractor shall purchase and maintain Worker's Compensation insurance which, in addition to meeting the minimum statutory requirements for issuance of such insurance, has Employer's Liability limits of at least $100,000 for each accident, $100,000 per each employee, and a$500,000 policy limit for occupational disease. The City need not be named as an "Additional Insured" but the insurer shall agree to waive all rights of subrogation against the City, its officials, agents, employees and volunteers for any work performed for the City by the Named Insured. Far building or construction proj ects, the Contractor shall comply with the provisions of Attachment 1 in accordance with §406.096 of the Texas Labor Code and rule 28TAC 110.110 of the Texas Worker's Compensation Commission (TWCC). [] Owner's and Contractor's Protective Liability Insurance The Contractor shall obtain, pay for and maintain at all times during the prosecution of the work under this contract, an Owner's arid Contractor's Protective Liability insurance policy naming the City as insured for property damage and bodily injury which may arise in the prosecution of the work or Contractor's operations under this contract. Coverage shall be on an"occurrence" basis, and the policy shall be issued by the same insurance company that carries the Contractor's liability insurance. Policy limits will be at least combined bodily injury and properly damage per occurrence with a_ aggregate. [] Fire Damage Legal Liability Insurance Coverage is required if Broad form General Liability is not provided or is unavailable to the contractor or if a contractor leases or rents a portion of a City building. Limits of not less than _ each occurrence are required. [ ] Professional Liability Insurance Professional liability insurance with limits not less than $1,000,000 annual aggregate with respect to negligent acts, errors or omissions in connection with professional services is required under this Agreement. [ ] Builders' Risk Insurance 41 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES Builders' Risk Insurance, on an All-Risk form for 100% of the completed value shall be provided. Such policy sha11 include as "Named Insured" the City of Denton and all subcontractors as their interests may appear. [ ] Commercial Crime Provides coverage for the theft or disappearance of cash or checks, robbery inside/outside the premises, burglary of the premises, and employee fidelity. The employee fidelity portion of this coverage should be written on a"blanket" basis to cover all employees, including new hires. This type insurance should be required if the contractor has access to City funds. Limits of not less than each occurrence are required. [ ] Additional Insurance Other insurance may be required on an individual basis for extra hazardous contracts and specific service agreements. If such additional insurance is required for a specific contract, that requirement will be described in the "Specific Conditions" of the contract specifications. 42 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 43 - RFP #4633 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor or other erson doin business with local overnmental entit This questionnaire reflects changes made to the law by H.B. 1491, 80th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with chapter 176 of the Local Government Code by a Date Received person who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local government entity not later than the 7th business day after the date the person becomes aware of facts that require the statement to be filed. See Section 176.006, Local Government Code. A person commits an offense if the person knowingly violates Section 176.006, Local Government Code. An offense under this section is a Class C misdemeanor. � Name of person who has a business relationship with local governmental entity. 2 � Check this box if you are fling an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7'h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3 Name of local government officer with whom filer has an employment or business relationship. Name of Officer i, �, This section, (item 3 including subparts A, B, C& D), must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001(1-a), Local Government Code. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income, other than investment income, from the filer of the questionnaire? 0 Yes � No B. Is the filer of the questionnaire receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? � Yes � No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership of 10 percent or more? � Yes 0 No D. Describe each affiliation or business relationship. 4 Signature of person doing business with the governmental entity Date Adopled 06/29l2007 44 - RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 45 - RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES COLLECTION SERVICES QUESTIONNAIRE for UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES Collection Process 1. What steps will be taken by you to collect? How do you collect? (Include operating procedures and processes) �, �, , 2. Do you perform skip tracing? Yes No 3. Can collection notices be prepared in Spanish at no additional cost? Yes No 4. Do you have employees who can speak and write in Spanish? Yes No 46 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 5. How do you handle customer's questions or problems? 6. Do you offer free Demand Service? (If debtor pays our office or your office within a small time frame the City is not charged a fee). Yes No If yes what is time frame? 7. Do you report to all three credit bureaus (Experian, EquifaY, and TransUnion)? If not, which credit bureau do you report to? Experience and Renutation 8. What amount do you expect to collect? $ What is your recovery rate? % � 9. What is your average turnaround time after placement of an account? days 10. How many professionally trained collectors do you have on your staff? 11. How many years has your firm been in the collection business? years months 12. Are you currently collecting for a utility company? Yes No If yes, how long have you collected for a utility company? �years months 13. Are you currently collecting for ambulance or medical services? Yes No 47 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES If yes, how long have you collected for an ambulance or medical services? years months 14. Are you currently collecting for code enforcement liens? Yes No If yes, how long have you collected for code enforcement liens? _years months 15. Are you currently collecting for a Texas municipal court? Yes No If yes, how long have you collected municipal court fines/warrants? �years months 16. Upon request, will you provide an independently audited financial statement? �, , Yes No 17. Have you received any complaints concerning non-compliance to the applicable federal, state, and local statutes regarding Fair Debt Collection practices? Yes No If yes, please provide an explanation. Compatibilitv 18. Do you have the ability to incorporate a remittance slip in your written correspondences? Yes No 19. Can you combine multiple accounts into a single collection effort? (i.e. Collect $500 for ambulance service plus two utility account at $200 each from the same individual or entity.) Yes No 48 — RFP #4633 CITY OF DENTON RFP FOR UTILITIES, AMBULANCE, CODE ENFORCEMENT LIENS, MUNICIPAL COURT FINES, AND MISCELLANEOUS RECEIVABLES COLLECTION SERVICES 20. What is the minimum combined amount for which you will perform collections? $ 21. Can you provide secured access, preferably a website, for authorized City employees to look up account status/information and/or run reports? Yes No 22. Do you have the ability to incorporate interest penalties on accounts? If yes, do you have the ability to accrue interest on a monthly basis? Yes No 23. Does your agency utilize any of the automated payment methods such as Western Union, AutoPay or Check by Phone? Yes No �, If yes what methods are available? 24. Can you accept the Agreement as it is written? Yes No If no, please indicate the areas of proposed changes. 25. Is your office located within the Dallas/Fort Worth/Denton Metroplex? Yes No 49 — RFP #4633 .� EXHIBIT B CITY OF DEN70N RFP FaR UiILI71ES, AMBUTANCE, C�D� �NF�RCEM�N7 LIENS, MUNICIPAL COURT �INES, AND MISG�I.LAIV�OUS R�CEIVABLES CaI.LECTION SERVICES The undersigned agrees this proposai becomes the prop�rty af tre City of Denton after the ofFiCiai opening. . The under5igned affirms he has f�miliarized himself with the locat conditions underwhich thework is t� be performed; satis�ed himself af the conditions of delivsry, har�dling and stora�ge of equipment and ail other matters that may be incidental to the w�rk, befare submit�ing a praposai. 7he undersi�ned agr�es, if this propasal is aecept�d, ta furnish any and all itemslservic�s upon which prices are offered, at the price{s) ar�d upon the terms and canditions contained in the Specifications. The undersigned afftrms that they are duly autharized tn execute this cc�ntract, that this praposal has not been prepared in c�llusion with �ny ather Propaser, nor any employee vf the Cit}+ of Denion, and that Ehe contents of this proposal hav� not been communic�ted to any ath�r proposer or to any employee af the City af Denton prior to the �fficial o�ening of the proposals. Vendor hereby assigns to purch�ser any and a!I claims for overcharges �ssociated with this contract which arise under the antitrust laws of the United States, 15 USCA Section 1 et se ., and which arise under the antitrust laws vf the State af Texas, Tex. Bus. & Com. Cade, Section 15.01, et seq. The undersigned affi�ms that th�y Nave read and dc� understand the specificatfons �nd any attachments contained in this RFSP. NAME AND ADDRESS OF C�MF'ANY: Credit Systems fntemational, tnc. 1Z77 Gountry Club Lane Fart Worth, TX 76112 . Tel. No. 817.496.68aU / 800.405.7548 AUTHOR{Z REPR NTATIVE: Signatu .�.I � Qate: � Ju1y �13, 2011 Name: Laura Emmons-8eam � Tit1�: Account Executive Fax Na. 817.429.9696 Ema il. lemrnans@creditsYstemsintl.corim CQMPANY I5: Business included in a Corparate Income Tax Retum? YES X Corp�ratian organized & existin� uncte� the laws of the State of 7�xas Partnership consisting of lndividual trading as Principal offices are in the city of Fort Worth, Taxas 2 — RFf' #4633 �,. - - � � EXHIBIT B _._. C1TY OF bEN7UN RFP �QR UTILITf�S, AMSULANCE, CQDE LNFORC�MEN7 LIENS, MIJNlC1i�AL COURT �IN�S, AND MISCLLLANEl7US F��CEIVABLES �OLLECTION SERVlCES PRIC� P�t3pOSAL (25�/, of Evaluatian Criteria for Pawts ,q - C& E) Estimated Quantities Service �O' °t Amaunt � Fee� � ��a� ;A PART A-� Utilities including active drainage • accounts and miscellaneous receivables , i' Outstanding acCoun#s � (August �003 to t7at 2006j ' Outstanding accounts ( Nov 2U06 ta May 201�1) Monthiy collections -� 2 7iers: Z Accts placed up to 180 bays fram Service Term - Accts piaced over 180 Days from Service Tertn - �g 1 2 C 1 2 D � 2 E F PART B - �mergency Medical Service Ambulance bifling quista�ding accounts (2003 - Apri12006) Outstanding accaunts {May Z006 � May 201'1) Ntonthly collections -.2 Tiers: Accts placed up to 2i0 Days from TcansporE - Accts placed over 2�tff Days ftom Transport -. PAF2T C - �Qde Enforcement Liens including rnowing, frash and debris removal and other liens or judgm�nts, return items returned checks Outsianding accounts 2003 - August 2010 Monthly coliections (Avg, age: 45 days) PART [7 -- Municipal Court Class C Misdemean�r vio s Outstanding fines Monihly coll�ctions {Avg. age; 870 d PAF2T E Account coll y City if account had been d over to the vendar that co ections has not yet been pttrsued. 1 -- RFP #4633 $2,987,899.57 � 1$.9% 21.9% <1$0 =17.9% 360 $104,a00 y180 = �1.9% $$,72.ri,200 2p.9°/a 24.9% �210 � 23.9% >210 = 24.9°!0 90 __ $85,634.10 111 $11�;283.55 2�.9% , � $336 21.9°/a 12, $a,940,078 136 $377 �A�g.) $190,37q,� 0 CSI1 be s du� dfligence imme ' ly upon recefpt of an account NIA N/A N/A �~� � oa-� Inararoomml A�� ° CERI"6�ICATE OIF LI�►�IL,I�'1� If01Sll�A�I�� ii�e�zoi� THIS CERTIFICATE IS tSSUED AS A MATFER OE {NFORMATIOPI ONLY AND CON�ERS NO RIGHTS UF'bN THE CERTlF1CATE HOLDER, TH15 CERTIFICATE DOES NOT AFFIRMATIVEIY OR NEGATIVELY AMEND, FJCTBND OR ALTER THE COVERAG� A�FORDED BY THE POLICIES BEtOW. TIiIS CERTIFICATE OF fNSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUfNG INSURER(Sj, AUTHORIZEd ItEPRESENTATfVE OR PRODUCER, AND THE CER7IFICATE NOLDER. IMPORTANT: If the certfficate holder is an ADDITIONAL INSURED, the poliey(ies) must be endorsed. If SUBROGATION 15 WANED, suhjeet to the terms and conditions oF the policy, certain policiea may requlre an endorsemenE. A statement on fhis certificale does not confer righfs to the certificate holder in IIBU of such endorsement(sj, PROOl10ER �0�� C Aon Risk Serviaes Central, Inc. 8300 Norman Center Dr Ste 1000 Minneapolis MN 55437-38d4 INSl1ftED CREDST S7iSTEMS INTERNATIOt3AI�� INC DBA:CORPORATE BILLING;THE CONTACT GROUP 1277 COtJNTRY CLIIB 7�ADTE FOR� WORTH TX 76112 �� ` Gj� N�, (95'2� 9z6-6SQ7 _ A!C kol: �952)928-3637 collectorsinsuranca@acainternational.o=g ravel�rs COVERAGES CERTIFICA7E NUMHER:D0066?6 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE eEEN ISSUED TO THE INSURED NAME� ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THI5 CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L1MIT5 SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ^ _^_ InTsft yypE OF INSURANCB A�oL sueR ppLICY NUMeER MM1DOY� MM1DD EXP ~ LIhTITS LTR GENERAL L1A81LITY EACH OCCURRENCE S DAMAGE TO RE ED � COMMERCIAI GENERAI LIA6ILITY PREMISES Ea occurrence CLAIMS-MADE � OCCUR X MED EXP (AnY one person) _ 3 PER&ONAL 8 ApV INJURY S ~ GENERALAGGREGATE 5 GEN'L AGGREGATE LIMIT APPLIES PHR' PRODUGTS • COMP/OP AGG S POLICY JE � LOC 5 Al11UM091LE LABIUTY COMBINED SINGLE UMIT S (Ea eccldenl) ANY AUTO BODILY INJURY (Pe�parsonl S ALL OWMED AUSOS 60DILY INJURV (Peractldenp S SGHEDl1LE0 AUTOS PROPERTY DAMAOE 5 HIREDAUTOS (Peraccldenl) _ S NON-0WNED AUTOS 3 UMBRELLA LIAB OGCUR EACH OCCLIRRENCE _ 5 E%CH55 LIAB CLAIMS•MADE AGGREGATE`T^ S DEDUCTIBLE ` ---- s RETENTION S X 8 WORKER3 C6MPENSATION WC STATU- OTH- L MIT AN� EMPLOYERS' LIABILITY ANY PROPRIETORlPARTNER/EXECUTIVE � N� A l E.L EACH ACCIDEM _� b OFFICER/MEMBER EXCLUDE�7 E.L DISEASF - EA EMPLOYE 5 (Mandatory Tn NH) — If yes, describe under ,. OISEASE - POLICY LIMIT S DESCRIPTION OF OPERATIONS belo A ERRORS & C�lI53ION 105705219 li/1/2�11 11J1/20� pEi?CLAIMAGGREGAiE $2 � OOO � OOO DESCRIPTION OF OPERATION91 LACAT1pN5/ VEHICLES (Attaeh RCOR0101, Atldillana[ Remarka Sc6edule, H more spece Is requlred) FOR REFSRHNC& PURPOS& OASLY: RFS�P/�g_ ID#4633–CALLECTSON 88RVIC8S £OR UTILITIES� BL�ULANCE� CAflB ENFORCEI�NT LIENS & MI3C RECEIVABLES COLLECT=OIi 9&RVICSSV IT IS AGREED THAT CITY QR DENTON, ITS 08'8'ZCTAI+S� AGENTS� EMPLOYEES 4 VOLUNTE�R3 IS INCLUDED AS At»TTION� I� �UBED IN ACCORDANCE WZTA TTiE PROVI9IONS 08' THE POLTCY FORM. FOR REFERENCfl PURPOSE ONLY: RFSP/BID#4633–COLLECTION SERVTCES FOR UTILITIES, AMBULANC�, COUE ENFORCEMENT LIENS & MISC RECEIVASLBB COLLECTIONI/ rGVriGirer� uni n�R CANCELLATION SHpU�D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE 7HE EXPIRATiON DATE THEREO�, NOTICE W1LL BE DEl1VERED IN CITY OF D�NT��TS OFFICIALS � AGEtJTS � ACCORDANCE WITH THE POLICY PROVISiONS. EMPLOYEES & VOLUNTEERS AUTHORI7EDREPRESENTATIVE ATTN: BURCHA3ING DEPT. � 90IB TEXA9 STREET DENTON, TX 76209 �a......_.a�.�.� �a�g� Jamea Shoop/DENISE ACORD 25 (2009109} ^ O 1988-2069 ACORO CORPORATION. All righEs reserved. fNS62&�zoos❑9� The ACORD name and Iogo are registered marks of ACORD �ATE (MMIDDIYYYY) �°��°� CEF�i�'IFICATIE OF L1�4�ILITY INSI,JF��ICE 11�8�2011 THIS CER7IFICATE IS (SSUED qS A flAATTER OF INF�RMATION ONLY AND CONFERS NO RIGHTS iTPON THE CERi1FICATE HOL�ER. TFil5 CERTIFICATE D�ES NOT AFFIRMATIV�LY OFt NEGATIVELY AMEMD, EXTEND OR ALTER THE. COVERAGE AFFORDED BY 7NE POLICIES BELOW. 7HIS CERTIFICATE OF 1N5URANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN YHE iSSIJING IN5URER(Sj, AUTHORIZED REPRESENTATIVE OR PRODUCER, ANO THE CERTIFICATE HOLDER. IMPOR7ANT: If the certificate holder i� an ADDITIONAL INSURED, the policy(les) must be endursed. If SUBROGATION IS WAIVED, subjact to the terms and condifions of the policy, certain palicles may requlre an endarsement A statement on this certificate does not confer rights to the certificaie holder in lieu of such endorsement(sj. PRODUCER CpNTACT Collectors In.surance Agenay 4090 W. 70th Straet INSURED CREDIT 3YSTEMS TNTEF�NATIdNAL, PO BOX 1088 ARLINGTOI3 TX 76004 INC :✓ ��1 ��la �I IN5URFJt A �NSU�a a <<�: I952} 92fi-65d7 I IAlC.Nol. (�521928-3637 collectorsinenrance@acainternational.orq 10 COVERAGE CENTRAL 60 COVERAGES CERTIFfCATE NUM�EIi:0008626 REVISfOPI NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANbING ANY REQUIREMENT, TERM OR CONDITION OF ANY CON7RACT OR OTHER DOCUMENT WITH R�SPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE APFORDED BY THE POLICIES oESCRIBEO NEREIN IS SUBJECT TO ALL THE TERMS, E7CCLUSIONS AND CONDITIONS OF SUGH POI.ICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TypE OF IMSU NCE �D SII' POI.IGY EFF POLICY EXP �.1MIT5 LTR 7 9R D POLICYNUMBER MM/UD MMIDdlYYYY GENERAL LIABILITY EACH OCCURRENCE 5 1 � 000 � OOO DAMAGETORE 5 1�DOO�000 �{ COMMERCIAL GEMERAL IIABILITY MISE Ea occur nca ��--- A CLAIMS-MADE C� OCCUR � X �i CB9303312-01 � �1/2011 /1/2012 �qED EXP (any ane person) 3 5� 000 PERSONAL & ADV INJURY S INCI,UDED � GENERAL AGGREGATE S 2� 004 � OOD GEN'L nGGREGATE LIMIT APPLIES PER: PROOUCTS - COMPIOP AGG 5 2� 000 , 000 �C POLICY pRa LOC ^ S AUTOMOBIlE LIABI4TY COMBINEO SINGLE LIMIT S 1� OOO � OOO (Ea arcidan[) ANY ALffO DILY INJURY (Perperson) 5 A ALL OWNEb AU705 X X �4303312-01.� /1/2011 /1/2012 - BD�ILY INJURY (Peracctdent) E �__ SCHEDULED AUTOS PROPERTY DAMAGE E X HIRE�AUTOS,/'� (Peraccldenq ^_ _, x NON-OWNED AUTO s _. $ X UMBRELLALIAB X OCCUR EACHOCCURRENCE S 4�0001000 EXCESSUAB CLAIMS-MADE AGGREGATE S 4��00,000 DEDUCTIBLE - ��___ � �. X RETENTION 5 10 000 � X 9303312-01 4/1/2011 4/1/2012 S WORKERS GOMPENSATION WCY LI T�US OTli- AN� EMPLOYERS' LIABIUTY � - - ANY PROPRIETOR(PARTNERfFXECU7IVE Y I N E.L EACH ACCIDENT S OFFICERIR7EM9ER EXCLUDED� ❑ N � A {Msndatory in NH) E.l. OISEASE - EA EMPLOYE $ If yes, desuibe under DESCRIpTION OF OPERATIONS below E,L. D[SEASE - POLICY lIM1T 3 DESCRIP710N OF OPERAT(ONS ! LOCATfONS f VEHICLES �Affach ACORD 101, Additfonal Ramarka Schedule, Ft more epece b requiraa) FOR REFEREISCS PURPOSE ONLY: RFSP/}H D$9633-COLLECTION 9ERVICES FOR UTILITI&S� 1�2,1BULANCE, CADE ENFORCEL�N1 LL&IJS S MISC RECEIVAHLE9 COLI.ECTION 3ERVICLS.✓ CERTtFICATE CANCELLATION SHOULD ANY OF THE A@OVE OESCRIBED POLIGIES BE CANCELLEO BEFORE THE EXPIRATION DATE 7HEREOF, NOTICB W(LL BE OELIVEREO 1N CITY OF DFNTON; i7�S dFFICI7iLS � AGENTS � ACCORQANCE W1TH THE POLICY FROVISIONS. EMPLOYEES 6 VOLUNTEER3 ATTI1: PBRCFi.a.SING DEPT. AU7HORItEDREPRE3ENTAT111E � 9D1B TEXAS STREET DENTON, TJC 762�9 �_�--. -.�� . .1L-.�•- ,�*s.�= -• --, J 8t. blartin/DEN23E ACORD 25 �2009l09) O 1988•2009 ACORD CORPORATION. All rights reserved. INS025 �2oosos� The ACORD name and iogo are registered marks of ACOR� � � � ,q�� onTe �nnM�nnmw} � CER7`IFICA�E OF PR�P�RTY �t115UFZB�NC� 11/a/aoii 7HIS CERTIFICA7E IS ISSUED AS A NIATTER OF INFORMATION ONlY AN� CONFLI2S NO RiGHTS UPDN THE CERTI�ICATE HOLDEF2. THIS CERTIFICqTE OOES NOT AFFfRMATIVELY OR NEGATIVELY AMEND, EXTEN� OR QLTER 7HE COVERAGE AFFORdED BY THE POLICIES BELOW. THIS CERTIFICATE OF iNSURANCE DOES NOT CONSTITUFE A CONTRACT BETWEEN THE lSSU(NG INSURER(5}, AUTHORIZEQ REPRESENTATIVE OR PIZODUCER, AND THE CERiIFICATE HOLDER. If this certificate is being prepared for a party who has an insurahte inferest in the property, do not use this form. Use AGORD 27 or ACORU 28, PRODIJtER ON C NAME: Collectors Insurance Agency a�N a ,�g52� g26-6547 a1No�: (9527929-3837^ ^ 4040 W, 70th Street �� ' - eooRFSS�aQ�lectoreiasurance@acainternational.org Edina 2�I 55435 1NSURED ^ ` CREDTT SYSTEM$ INTERNATIONAL, INC PO BOX ].OBB ART�INGTON TX 76004 lY `�.1 ul�\7� 0: GREAT 9860 COVERAGES CERTIFICATE AIUMBER;0008526 REVISION NUMBER: LOCqT10N OF PRETdI3ES / DESCR1PT10N OF PROP2RTY (ASach ACORD 901, Additlonal M:emarks Sohedule, if more epace ta requfred) 7HIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUEp TO THE INSUREa NAMED ABOVE FOR THE POLICY PERIOD INDICATEO. NOTWITHSTAN�ING ANY REQUIR�MENT, TERM OR CONOITION OF ANY CONTRACT OR OTNER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY 8E ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COtdDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REOUCED BY PAID CLAIMS, INSR 7�ypE OF IN6URANCE POLICY NUMBER POLICY EFFEC'IN@ ppLICY EXPIRRTIaN ��RED PROPERTY UMRS L'fR DATE (MMIO�lYWYj DATE (MM/UD/YYYY) PROPERTY BUILDING g CAUSES OFLO55 oEOUCTIBLES ' PERSONALPROPERTY S BASIC j��ILOfNG BUSINE85 INGOME g BROAO f CONTENTS EXTRA EXPENSc' S� J SPECIAL RENTAL VALUE o� EARTHQUAKE 8L4NKEfBUILOING �—y-� J WIN� BLANKET PERS PROP � x �=— FLOOD BLANKET 6L00 8 PP S 5 _ � S _ INLAND MARINE TYpE OF POLICV S CAUSES O� LO55 � s `u NAMEO PERiLS POLICY NUMBER y S GRIME S TvPE OF POLICY 3 S - � 601LER & MACHINERY 1 y EqUIPMENT BREAKOOWN 5 p, COMMERCIALCRIME DC893Q33I2–Ol 4�1�2Q11 Q��,�QQ],2 X EmployeeDlehonesry � 50�00 5 SPEC1Al cONDITIONS I OTHER COVERAOES �AMaeh ACORD 101, Addlttonal Ranarke Sehedula, B moro epaee le requfredj � FOR REFERENCE PURPOSE ONl.X: RFSP/BID#4633-COLI�ECTYON SERVI S FOR UTIiITIES, �iMBUL.AtdCE, CODE ENFORCEMENT LIEN3 � MI3C RECEIVAHLES COLLECTION SERVICES. CITY OF DENTON� 4FFICTAI,S� AGENTS, EMPLOY'Ei:5 & VOLLTNTEERS ATTN: PURCHASING DEPT. 901B TEXA3 STREET DEIiTON, TX 76209 _ . . IJ St. Martin/DENISE r ��-� � y^�� ( "� �' � 1995-2009 ACORD CORPORATION. All rights resarved. The ACORD name and logo are registered marks of ACORD CANCELLA710N SNOULD ANY OF THE ABOVE bESCRIBED POtICIES BE CANCELLED 6EFOkE THE EXP[RAT18N �ATE THEREOF, NO710E WIi.L 8E DELIVERHD IN ACCORDRNCE WITH THE POLICY PROVISIONS. AUTHORIZEO IiEPfteSENTA7lVE / v ACORO 24 (2009/Q9) INS024 �zocsos� /