Loading...
HomeMy WebLinkAbout103-11 RESOLUTIONRESOLUTION NO. 103-11 A RESOLUTION AUTHORIZING A CONTRACT WITH GILA, LLC DBA MUNICIPAL SERVICES BUREAU FOR ACCOUNT COLLECTION SERVICES AT A PAYMENT RATE OF FORTY PERCENT (40%) OF AMOUNTS COLLECTED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with Gila, LLC dba Municipal Services Bureau for account collection services at a payment rate of forty percent (40%) of amounts collected. PASSED, and APPROVED this 21st day of June, 2011. APPROVED: By: Ate.!+ "IO LD JO ' 1 , Mayor ATTEST: By: SON d)41/14.1 E. SMITH, City lerk/Treasurer City of Fayetteville Staff Review Form City Council Agenda Items and Contracts, Leases or Agreements 6/21/2011 City Council Meeting Date Agenda Items Only Rainy Laycox Submitted By Billing and Collections Division Action Required: Finance Department Council approval of a resolution authorizing the Mayor and City Clerk to sign a contract for collection services with Gila, LLC, DBA Municipal Services Bureau ("MSB") 40% of funds collected by MSB Cost of this request 5400.1810.5333.00 Account Number N/A Project Number Budgeted Item INN '18,000.00 Category / Project Budget 311.92 $ Program Category1 Project Name Funds Used to Date Program / Project Category Name 17,688.08 Water and Sewer Remaining Balance Fund Name Budget Adjustment Attached r1 LLA . C'441, Departme ector Previous Ordinance or Resolution # 79-96 Date 6-2�� Date 4-x-1411 Finance and Internal Services Director Original Contract Date: Original Contract Number: 7/2/1996 Received in City 06-01-1 1 PO4:00 RCVD Clerk's Office Comments: Revised January 15, 2009 ave ev! le THE CITY OF FAYETTEVILLE, ARKANSAS DEPARTMENT CORRESPONDENCE ARKANSAS www.accessfayetteville.org CITY COUNCIL AGENDA MEMO To: Mayor and City Council Thru: Paul Becker, Finance Director From: Rainy Laycox, Billing and Collections Mgr Date: May 31, 2011 Subject: Collection Service Contract pursuant to RFP 11-03 PROPOSAL: Council approval and authorization for the Mayor and City Clerk to sign a Collection Services Contract with Gila, LLC, DBA Municipal Services Bureau ("MSB") for an initial period of one year from the effective date of the contract with the option to renew for four (4) consecutive one (1) year terms. RECOMMENDATION: The Collection Services selection committee unanimously recommends that Gila, LLC, DBA Municipal Services Bureau ("MSB") be awarded the contract for RFP 11-03. Four bids were received and voted on by the committee. BUDGET IMPACT: } The current budget has $17,688.08 available. MSB will be compensated at 40% of dollar amounts collected. RESOLUTION NO. A RESOLUTION AUTHORIZING A CONTRACT WITH GILA, LLC DBA MUNICIPAL SERVICES BUREAU FOR ACCOUNT COLLECTION SERVICES AT A PAYMENT RATE OF FORTY PERCENT (40%) OF AMOUNTS COLLECTED BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby authorizes a contract with Gila, LLC dba Municipal Services Bureau for account collection services at a payment rate of forty percent (40%) of amounts collected. PASSED and APPROVED this 21st day of June, 2011. APPROVED: ATTEST: By: By: LIONELD JORDAN, Mayor SONDRA E. SMITH, City Clerk/Treasurer �avel�v�le THE CITY OF FAYETTEVILLE, ARKANSAS ARKANSAS www.accessfayetteville.org • CONTRACT REFERENCE: RFP 11-03, Collection Services Contractor: Gila, LLC — DBA: Municipal Services Bureau (MSB) Term: 1 year with 4 options for renewal 1St This Contract is executed this ,1 day"of IA it& , 2011 (the "Effective Date"), between the City of Fayetteville, Arkansas (the "City"), and Gila, LLC, DBA Municipal Services Bureau ("MSB"). In consideration of the mutual covenants contained herein, the parties agree as follows. WITNESSETH: WHEREAS, City has previously determined that it has a need for a PROVIDER FOR COLLECTION SERVICES; and WHEREAS, City, after soliciting competitive proposals for such services pursuant to City of Fayetteville RFP 11- 03 (herein after referred to as Request for Proposal or RFP), City has awarded this Contract to MSB; and WHEREAS, MSB has represented that it is able to satisfactorily provide these services according to the terms and conditions of the RFP, which are incorporated herein by reference, and the terms and conditions are contained herein; and NOW THEREFORE, in consideration of the above and mutual covenants contained herein, the parties agree as follows: 1. Services to be Performed: MSB hereby agrees to provide the City with COLLECTION SERVICES, as requested and more specifically outlined in the RFP, this Contract, and all subsequent documents that are incorporated into the terms and conditions and set forth the rights, duties and obligations of the parties pursuant to this Contract. 2. Time of Service: Services shall be performed in a timely manner, as specified in the RFP. 3. Term of Agreement: The initial period for this Contract will be for one year from the Effective Date of the Contract. This Contract may be renewed for four (4) consecutive one (1) year terms. In the event of cancellation, all records pertaining to City of Fayetteville accounts, debts, and records shall become the property of the City of Fayetteville and turned over accordingly within thirty calendar (30) days after cancellation of the Contract. 4. Amendment of Contract: This Contract may be amended only by mutual written agreement of the parties. Page 1 of 5 RFP 11-03, Collections 5. Assignment and Subcontracting: MSB shall perform this Contract. No assignment or subcontracting shall be allowed without the prior written consent of the City. In the event of a corporate acquisition and/or merger, MSB shall provide written notice to the City within thirty (30) business days of such notice of action or upon the occurrence of said action, whichever occurs first. The right to terminate this Contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a Proposer, which has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purposes of this Agreement. 6. Cancellation: Each party reserves the right to cancel this Contract, without cause, by giving thirty (30) days notice to other party, respectively, of the intent to cancel, or with cause if, at any time, MSB fails to fulfill or abide by any of the terms or conditions specified. Failure of the MSB to comply with any of the provisions of this Contract shall be considered a material breach of Contract and shall be cause for immediate termination of the Contract at the sole discretion of the City. In addition to all other legal remedies available to it, the City reserves the right to cancel or obtain from another source any services which have not been provided within the period of time stated in the proposal, or if no such time is stated, within a reasonable period of time from the date of order or request, as determined by the City. 7. Compensation: As compensation for MSB providing services to the City as described herein, the City shall pay MSB forty percent (40%) of the dollar amount of each account successfully collected and properly authorized, subject to subsection 7a herein (the "Fee"). No Fee shall be paid to MSB by the City for uncollected accounts or accounts collected by the City (those amounts received directly by the City after an account has been referred to MSB) under Acts enabled to the City by state or federal law. Summary of accounts collected (including amount, etc.) as well as the Fee due and payable to MSB by the City shall be provided by MSB to the City on a monthly basis. The City will then return the Fees due, as further explained in item 16 (a) and 16 (b). a. MSB will rebate 10% of fees earned and due and payable to MSB by the City in the first 100 calendar days from the Effective Date. 8. Permits & Licenses: MSB shall secure and maintain any and all permits and licenses required to complete this Contract. 9. Minimum Insurance Requirements: MSB shall maintain insurance in at least the amounts required in the RFP throughout the term of this Contract. MSB must provide a Certificate of Insurance in accordance with the insurance requirements listed within the RFP, evidencing such coverage prior to issuance of a purchase order or commencement of any work under this Contract. MSB shall ensure that any subcontractors or persons hired by subcontractors maintain the same level of insurance coverage as MSB. Page 2 of 5 RFP 11-03, Collections 10. Indemnification: MSB shall indemnify, pay the cost of defense, including but not limited to attorneys' fees, and hold harmless the City from all suits, actions or claims of any character brought on account of any injuries or damages received or sustained by any person, persons, or property a result of or by, or in consequence of any neglect in safeguarding the work; or on account of any act or omission, neglect or misconduct of MSB; or by, or on account of, any claim or amounts recovered under the Workers' Compensation Law or of any other laws, by-laws, ordinances, order of decree, except only such injury or damage as shall have been occasioned by the sole negligence of the City of Fayetteville. The first ten dollars ($10.00) of compensation received by MSB represents specific consideration for this indemnification obligation. 11. Governing Law & Jurisdiction: Legal jurisdiction to resolve any disputes shall be Washington County, Arkansas with Arkansas law applying to the case. 12. Severability: The terms and conditions of this Contract shall be deemed to be severable. Consequently, if any clause, term, or condition hereof shall be held to be illegal or void, such determination shall not affect the validity of legality of the remaining terms and conditions, and notwithstanding any such determination, this Contract shall continue in full force and effect unless the particular clause, term, or condition held to be illegal or void renders the balance of the Contract impossible to perform. 13. Changes in Scope or Price: Changes, modifications, or amendments in scope, price, or fees to this Contract shall not be allowed without a prior formal amendment to the Contract approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 14. Freedom of Information Act: Documents prepared by MSB while performing work pursuant to this Contract are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City, MSB will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.) Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. 15. Documents Comprising Contract: The Contract shall include this document for a PROVIDER FOR COLLECTION SERVICES, as well as the following documents, which are incorporated herein by reference. a. City of Fayetteville's Request for Proposal and all of its addenda and attachments; b. MSB final pricing schedule; c. MSB Certificate of Insurance as required, listing the City as an additional insured; and d. MSB's Proposal. Page 3 of 5 RFP 11-03, Collections If there is a conflict between the terms of this Contract and the above referenced documents, the conflict shall be resolved as follows: the terms of this Contract shall prevail over the other documents, and the terms of the remaining documents shall be given preference in their above listed order. 16. Special Conditions: a. All dollars collected by MSB on behalf of the City shall be turned over to the City in full and then redistributed to MSB as agreed and at the discretion by the City. b. All payments made by customers for debts that have been turned over to MSB shall be paid directly to MSB. MSB shall send a separate check to each City of Fayetteville division (i.e. Billing & Collections, Accounting, etc.) for the total amount of all dollars collected for all accounts for each division within fifteen calendar (15) days after the end of each month the dollars were collected. The City shall then redistribute the Fee payment to MSB at the rate set forth above in Paragraph 7 within forty-five (45) days of the City receiving the remittance. c. The City reserves the right to review, audit, and examine any and all records obtained by MSB pertaining to accounts, debts, and records turned over by the City. d MSB shall show proof of bonding certificate and licensing from the State Board of Collection Agencies within thirty calendar days of the Effective Date. Bonding certificate and any required license shall be kept current throughout the term of this Contract. Proof of bonding certificate and licensing shall be submitted before each renewal. e. Accounts will be turned over to MSB at the sole discretion of the City. Cases on appeal will not be turned over for collection. Only debts with past due amounts of 90 days or older will be considered for reference to MSB. The City shall submit water, sewer, and sanitation accounts (Utility Billing) to the agency on a regular monthly basis. District Court fines shall be submitted to the agency on an as needed basis only and are not a primary scope of this contract. Miscellaneous municipal billings may be submitted to the MSB on an as needed basis. In instances where a credit adjustment is made to debts that have already been submitted, the City shall simply notify MSB of the adjustment and the amount due on the debt shall be changed with no payment due for the credited adjustment amount. f. MSB will rely completely on the City to provide correct information about each existing case(s) and, specifically, about any dollar amount in question. The City will immediately update and correct any information it has provided to MSB. In particular, the City will immediately notify MSB of any payment or other satisfaction of indebtedness made directly to the City or any other action affecting the amount or timing of monies owed by any person to the City, including the receipt or notification of any person's retention of counsel or the filing or suggestion of bankruptcy by any person. g. All services provided pursuant to this Contract shall conform to all local, state and federal law and regulations, including, but not limited to, the Federal Fair Debt Collection Practices Act, Arkansas Code Annotated § 14-234-601 et seq. and Arkansas Code Annotated § 14-229-103. Page 4 of 5 RFP 11-03, Collections h. All utility accounts collected by the Billing and Collections Division as a result of Acts 769, 360, and 195 shall become the property of the City with no fees assessed. WITNESS OUR HANDS AS OF THE EFFECTIVE DATE SET FORTH ABOVE. GILA, LLC DBA MUNICIPAL SERIVCES BUREAU (MSB) By: - BRUCE C 11 t S, Chief Executive Officer C u mpany ecretary 6505 Airport Blvd., Suite 100 Business Address Austin, TX 78752 City, State & Zip Code Date Signed: Page 5 of 5 RFP 11-03, Collections CITY OF FAYETTEVILLE, ARKANSAS ATTEST: Sond a Smith, City Clerk Date Signed: ```vgirr►►r►► V. :� • • • FAYETTEVI LLE s!y. .a, 370-Li1:1)/(414$„*il 'NG ` G. iON` City of Fayetteville, Arkansas le Purchasing Division — Room 306 aye evi Fayetteville, AR 72701 ARKANSAS Phone: 479.575.8220 113 W. Mountain TDD (Telecommunication Device for the Deaf): 479.521.1316 REQUEST FOR PROPOSAL: RFP 11-03, Collection Services DEADLINE: Friday, March 25, 2011 before 2:00:00 PM, local time DELIVERY LOCATION: Room 306 —113 W. Mountain, Fayetteville, AR 72701 PURCHASING AGENT: Andrea Foren, CPPB, aforenAci.fayetteville.ar.us, 479.575.8220 DATE OF ISSUE AND ADVERTISEMENT: Wednesday, March 09, 2011 REQUEST FOR PROPOSAL RFP 11-03, Collection Services No late proposals will be accepted. RFP's shall be submitted in sealed envelopes labeled "RFP 11-03, Collection Services" with the name and address of the bidder. All Proposals shall be submitted in accordance with the attached City of Fayetteville specifications and bid documents attached hereto. Each Proposer is required to fill in every blank and shall supply all information requested; failure to do so may be used as basis of rejection. Any bid, proposal, or statements of qualification will be rejected that violates or conflicts with state, local, or federal laws, ordinances, or policies. The undersigned hereby offers to furnish & deliver the articles or services as specified, at the prices & terms stated herein, and in strict accordance with the specifications and general conditions of bidding, all of which are made a part of this offer. This offer is not subject to withdrawal unless upon mutual written agreement by the Proposer/Bidder and City Purchasing Manager. Name of Firm: Contact Person: E -Mail: Title: Phone: Business Address: City: State: Zip: Signature: Date: City of Fayetteville, AR RFP 11-03, Collection Services Page 1 of 24 City of Fayetteville RFP 11-03, Collection Services Advertisement The City of Fayetteville, Arkansas, invites qualified vendors to submit responses to its Request for Proposal (RFP) for a properly licensed firm to provide collection services to the City of Fayetteville. To be considered, proposals must be received at the City Administration Building, City Hall, Purchasing — Room 306, 113 West Mountain, Fayetteville, Arkansas before Friday, March 25, 2011 at 2:00:00 PM, local time. No late proposals shall be accepted. Proposal forms & addendums can be downloaded from the City's web site at http://www.accessfayetteville.orq. All questions regarding the RFP process should be directed to Andrea Foren at aforen(a ci.fayetteville.ar.us or (479)575-8220. Proposers shall be qualified to do business and licensed in accordance with all applicable laws of the state and local governments where the project is located. Pursuant to Ark. Code Annotated 22-9-203, the City of Fayetteville encourages all qualified small, minority and women business enterprises to propose and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all prospective Proposers to subcontract portions of their contract to qualified small, minority, and women business enterprises. The City of Fayetteville reserves the right to reject any or all proposals and to waive irregularities therein, and all Proposers shall agree that such rejection shall be without liability on the part of the City of Fayetteville for any damage or claim brought by any Proposer because of such rejections, nor shall the Proposers seek any recourse of any kind against the City of Fayetteville because of such rejections. The filing of any Proposal in response to this invitation shall constitute an agreement of the Proposer to these conditions. CITY OF FAYETTEVILLE By: Andrea Foren, CPPB Title: Purchasing Agent Ad date: 03/09/2011 City of Fayetteville, AR RFP 11-03, Collection Services Page 2 of 24 City of Fayetteville RFP 11-03, Collection Services Appendix SECTION: PAGE NUMBER Cover Page 1 Advertisement 2 SECTION A: General Terms & Conditions 4 SECTION B: Scope of Services and General Information 11 SECTION C: Vendor References 14 SECTION D: Pricing Proposal 15 SECTION E: Statement of Disclosure 16 SECTION F: Authorized Negotiator Information 17 SECTION G: Addendum Acknowledgement Form 18 SECTION H: Debarment Certification Form 19 SECTION I: Draft Agreement/Contract 20 Statement of No -Submittal 24 ATTACHMENTS: # OF PAGES Appendix A'(14 234-601) 9 Total Pages Appendix B (14 229-103) 4 Total Pages City of Fayetteville, AR RFP 11-03, Collection Services Page 3 of 24 City of Fayetteville RFP 11-03, Collection Services SECTION A: General Terms & Conditions 1. SUBMISSION OF PROPOSAL: A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP. b. A description of the Proposer's experience in providing the same or similar services as outlined in the RFP. This description should include the names of the person(s) who will provide the services, their qualifications, and the years of experience in performing this type of work. Also, include the reference information requested in this RFP. c. The complete fee and cost to the City for all services outlined in this RFP. d. Proposal should be no more than twenty five (25) pages; single sided, standard, readable, print on standard 8.5x11 papers. Proposers shall also submit a three (3) page (maximum) executive summary. The following items will not count toward the page limitations: appendix, cover sheet, 3 -page executive summary, resumes (resumes shall be no more than 1 page per person), and forms provided by the City for completion. e. All Proposers shall submit six (6) sets of their proposal as well as one (1) electronic copy on a properly labeled CD or other electronic media device. The electronic copy submitted should be contained into one (1) file. The use of Adobe PDF documents is strongly recommended. Files contained on the CD or electronic media shall not be restricted against saving or printing. The electronic copy shall be identical to the original papers submitted. Electronic copies shall not be submitted via e-mail to City employees. f. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. The names of respondents only will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. g. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. h. Proposals shall be enclosed in sealed envelopes or packages addressed to the City of Fayetteville, Purchasing Division, Room 306, 113 W. Mountain, Fayetteville, AR 72701. The name, address of the firm and Bid, RFP, or RFQ number shall be on the outside of the packaging as well as on any packages enclosed in shipping containers or boxes. i. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. j. Proposers should have experience in work of the same or similar nature, and must provide references that will satisfy the City of Fayetteville. Proposer may furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. k. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATION: No oral interpretations will be made to any firms as to the meaning of specifications or any other contract documents. All questions pertaining to the terms and conditions or scope of work of this proposal must be sent in writing via e-mail to the City of Fayetteville, AR RFP 11-03, Collection Services Page 4 of 24 Purchasing Department. Responses to questions may be handled as an addendum if the response would provide clarification to the requirements of the proposal. All such addenda shall become part of the contract documents. The City will not be responsible for any other explanation or interpretation of the proposed RFP made or given prior to the award of the contract. 3. DESCRIPTION OF SUPPLIES AND SERVICES: Any manufacturer's names, trade name, brand name, catalog number, etc. used in specifications are for the purpose of describing and establishing general quality levels. Such references are NOT intended to be restrictive. Proposals will be considered for all brands that meet the quality of the specifications listed for any items. 4. RIGHTS OF CITY OF FAYETTEVILLE IN RE UEST FOR PROPOSAL PROCESS: In addition to all other rights of the City of Fayetteville, under state law, the City specifically reserves the following: a. The City of Fayetteville reserves the right to rank firms and negotiate with the highest-ranking firm. Negotiation with an individual Proposer does not require negotiation with others. b. The City of Fayetteville reserves the right to select the proposal that it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. f. The City of Fayetteville reserves the right to request any necessary clarifications, additional information, or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. 5. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection committee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include sufficient information to allow the selection committee to thoroughly evaluate and score proposals. Each proposal submitted shall be evaluated and ranked by a selection committee. The contract will be awarded to the most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed to be ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submission of proposals to the City, or any work performed in connection therewith, shall be borne solely by the Proposer(s). No payment will be made for any responses received, or for any other effort required of, or made by, the Proposer(s) prior to contract commencement. 7. ORAL PRESENTATION: An oral presentation and/or interview may be requested of any firm, at the selection committee's discretion. 8. CONFLICT OF INTEREST: The Proposer represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any mariner with the performance or services required hereunder, as provided in City of Fayetteville Code Section 34.26 titled "Limited Authority of City Employee to Provide Services To The City" which states the following: a. An employee of the City shall be permitted to furnish services as an independent contractor to the City only if: i. The employee fully discloses his or her direct or indirect financial interest in any contract or service agreement to the City Council and such services are approved by City Council Resolution; ii. No favoritism is allowed to the city employee over other possible service providers; iii. Such services am not for the same type as performed by the city employee in his or her regular city job, nor are services for the department wherein the employee works; City of Fayetteville, AR RFP 11-03, Collection Services Page 5 of 24 iv. The employee's immediate supervisor specifically approves such extension of employee service and ensures it will not adversely affect the employee's regular city employment duties; v. City employees who are not within the Parks and Recreation Department are specifically allowed to work as independent contractors as scorekeepers, referees and umpires for the Fayetteville Parks and Recreation Department without the need for a City Council Resolution. 9. WITHDRAWL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal, based on a written request from an authorized representative of the firm; however, a proposal should not be withdrawn after the time set for the proposal. 10. LATE PROPOSAL OR MODIFICATIONS: a) Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids. Bidders should call the Purchasing Division at (479) 575-8220 to insure receipt of their submittal documents prior to opening time and date listed. b) The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: a. The laws of the State of Arkansas apply to any purchase made under this request for proposal. Proposers shall comply with all local, state, and federal directives, orders and laws as applicable to this proposal and subsequent contract(s) including but not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Enterprises (DBE), & OSHA as applicable to this contract. b. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. 12. COLLUSION: The Proposer, by affixing his or her signature to this proposal, agrees to the following: "Proposer certifies that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 13. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a vendor's records as such records relate to purchases between the City and said vendor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, the (Contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of information Act (A.C.A. §25-19- 101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 14. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed City of Fayetteville, AR RFP 11-03, Collection Services Page 6 of 24 trademark, patent or copyright infringement or litigation based thereon, with respect to the goods/services or any part thereof covered by this order, and such obligation shall survive acceptance of the goods/services and payment thereof by the City. 15. VARIANCE FROM STANDARD TERMS & CONDITIONS: All standard terms and conditions stated in this request for proposal apply to this contract except as specifically stated in the subsequent sections of this document, which take precedence, and should be fully understood by Proposers prior to submitting a proposal on this requirement. 16. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSLATION: Persons with disabilities requiring reasonable accommodation to participate in this proceeding/event, should call 479.521.1315 (telecommunications device for the deaf), not later than seven days prior to the deadline. Persons needing translation of this document shall contact the City of Fayetteville, Purchasing Division, immediately. 17. CERTIFICATE OF INSURANCE: The successful Proposer shall provide a Certificate of Insurance in accordance with specifications listed in this request for proposal, prior to commencement of any work. Such certificate shall list the City of Fayetteville as an additional insured. Insurance shall remain valid throughout project completion. 18. PROCUREMENT POLICY FOR RECYCLED MATERIALS: The City of Fayetteville wishes to encourage its Proposer to use recycled products in fulfilling contractual obligations to the City and that such practices will serve as a model for other public entities and private sector companies. 19. PAYMENTS AND INVOICING: The Proposer must specify in their proposal the exact company name and address which must be the same as invoices submitted for payment as a result of award of this RFP. Further, the successful Proposer is responsible for immediately notifying the Purchasing Division of any company name change, which would cause invoicing to change from the name used at the time of the original RFP. Payment will be made within thirty days of invoice received. The City of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to any nonrefundable deposit or retainer that would remain property of the Proposer even if the hourly work actually performed by the Proposer would not justify such fee. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the vendor of such occurrence and contract shall terminate of the last day of the current fiscal period without penalty or expense to the City. City of Fayetteville, AR RFP 11-03, Collection Services Page 7 of 24 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR MERGERS: a. The Contractor shall perform this contract. No assignment of subcontracting shall be allowed without prior written consent of the City. If a Proposer intends to subcontract a portion of this work, the Proposer shall disclose such intent in the proposal submitted as a result of this RFP. b. In the event of a corporate acquisition and/or merger, the Contractor shall provide written notice to the City within thirty (30) calendar days of Contractor's notice of such action or upon the occurrence of said action, whichever occurs first. The right to terminate this contract, which shall not be unreasonably exercised by the City, shall include, but not be limited to, instances in which a corporate acquisition and/or merger represent a conflict of interest or are contrary to any local, state, or federal laws. Action by the City awarding a proposal to a firm that has disclosed its intent to assign or subcontract in its response to the RFP, without exception shall constitute approval for purpose of this Agreement. 22. NON-EXCLUSIVE CONTRACT: Award of this RFP shall impose no obligation on the City to utilize the vendor for all work of this type, which may develop during the contract period. This is not an exclusive contract. The City specifically reserves the right to concurrently contract with other companies for similar work if it deems such an action to be in the City's best interest. In the case of multiple -term contracts, this provision shall apply separately to each item. 23. LOBBYING: Lobbying of selection committee members, City of Fayetteville employees, or elected officials regarding request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder'slproposer'slprotestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. ADD OR DELETE LOCATIONS OR SERVICES: The City reserves the right to unilaterally add or delete locations and/or services, either collectively or individually, at the City's sole option, at any time after award has been made as may be deemed necessary or in the best interests of the City. In such case, the Contractor(s) will be required to provide services to this contract in accordance with the terms, conditions, and specifications. 26. SERVICES AGREEMENT: A written agreement, in substantially the form attached, incorporating the RFP and the successful proposal will be prepared by the City, signed by the successful Proposer and presented to the City of Fayetteville for approval and signature of the Mayor. 27. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: City of Fayetteville, AR RFP 11-03, Collection Services Page 8 of 24 Proposers shall use the original RFP form(s) provided by the Purchasing Division and enter information only in the spaces where a response is requested. Proposers may use an attachment as an addendum to the RFP form(s) if sufficient space is not available on the original form for the Proposer to enter a complete response. Any modifications or alterations to the original RFP documents by the Proposer, whether intentional or otherwise, will constitute grounds for rejection of such RFP response. Any such modifications or alterations a Proposer wishes to propose shall be clearly stated in the Proposers RFP response and presented in the form of an addendum to the original RFP documents. 28. OTHER GENERAL CONDITIONS: a) Prices shall include all labor, materials, overhead, profit, insurance, shipping, freight, etc., to cover the products and services presented. Sales tax is not to be included in the bid price. Applicable Arkansas sales tax laws will apply when necessary but will not be considered in award of this project. b) Proposers must provide the City with their proposals signed by an employee having legal authority to submit proposals on behalf of the Proposer. The entire cost of preparing and providing responses shall be borne by the Proposer. c) The City reserves the right to request any additional information it deems necessary from any or all Proposers after the submission deadline. d) The request for bid is not to be construed as an offer, a contract, or a commitment of any kind; nor does it commit the city to pay for any costs incurred by bidder in preparation. It shall be clearly understood that any costs incurred by the Proposer in responding to this request for proposal is at the Proposer's own risk and expense as a cost of doing business. The City of Fayetteville shall not be liable for reimbursement to the Proposer for any expense so incurred, regardless of whether or not the proposal is accepted. e) If products, components, or services other than those described in this bid document are proposed, the bidder must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. f) Any uncertainties shall be brought to the attention to Andrea Foren immediately via telephone (479.575.8220) ore -mail (aforen©ci.fayetteville.ar.us ). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all bidders to be on equal bidding terms. g) Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Andrea Foren, City of Fayetteville, Purchasing Agent via e-mail (aforenAci.fayetteville.ar.us) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. Ail questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. h) At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. NOTE: Each Proposer shall submit an "Authorized Negotiator Form" containing the signature of a duly authorized officer or agent of the Proposer's company empowered with the right to bind and negotiate on behalf of the Proposer for the amounts and terms proposed. i) Any information provided herein is .intended to assist the Proposer in the preparation of proposals necessary to properly respond to this RFP. The RFP is designed to provide qualified Proposers with sufficient basic information to submit proposals meeting minimum specifications and/or test requirements, but is not intended to limit a RFP's content or to exclude any relevant or essential data. j) Proposers irrevocably consent that any legal action or proceeding against it under, arising out of or in any manner relating to this Contract shall be controlled by Arkansas law. Proposer hereby expressly and irrevocably waives any claim or defense in any said action or proceeding based on any alleged lack of jurisdiction or improper venue or any similar basis. City of Fayetteville, AR RFP 11-03, Collection Services Page 9 of 24 k) The successful Proposer shall not assign the whole or any part of this Contract or any monies due or to become due hereunder without written consent of City of Fayetteville. In case the successful Proposer assigns all or any part of any monies due or to become due under this Contract, the Instrument of assignment shall contain a clause substan- tially to the effect that is agreed that the right of the assignee in and to any monies due or to become due to the successful Proposer shall be subject to prior liens of all persons, firms, and corporations for services rendered or materials supplied for the performance of the services called for in this contract. I) The successful Proposers attention is directed to the fact that all applicable Federal and State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over the services shall apply to the contract throughout, and they will be deemed to be included in the contract as though written out in full herein. The successful Proposer shall keep himself/herself fully informed of all laws, ordinances and regulations of the Federal, State, and municipal governments or authorities in any manner affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of ail orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to City of Fayetteville. City of Fayetteville, AR RFP 11-03, Collection Services Page 10 of 24 City of Fayetteville RFP 11-03, Collection Services SECTION B: Scope of Services and General Information 1. SCOPE OF WORK: The City of Fayetteville is currently soliciting proposals for the services of a qualified collection agency. Services to be provided by the perspective contractor will include, but shall not be limited to the following: 1) Collection of overdue Water, Sewer, and Sanitation accounts (Utility billing). 2) Collection of miscellaneous municipal accounts (Accounts Receivable billing). Collection agencies making proposals should be aware that all collected debts shall be turned over to the City of Fayetteville in full and then redistributed to the contracting collection agency at the rate of the contract agreement. All payments made by customers for debts that have been turned over to the collection agency shall be paid directly to the agency. The agency shall send a separate check to each City of Fayetteville division (Le. Billing & Collections and Accounting) for the total amount of all collected debts for each division within fifteen (15) days after the end of each month. The City of Fayetteville shall then redistribute the collection fee payment to the contracting collection agency at the rate of the contract agreement within forty-five (45) days of receiving the agency remittance. The collection services contract shall be one year from date of award, with an option to extend the contract up to four (4) additional terms of one (1) year each. In addition, the City of Fayetteville reserves the right to cancel this contract, at any time, with a thirty (30) day written notice. During the duration of the contract, the City of Fayetteville reserves the right to review, audit, and/or examine any and all records obtained by the collection agency pertaining to accounts, debts, and records turned over by the City of Fayetteville. In the event of cancellation of the contract, any and all records pertaining to City of Fayetteville accounts, debts, and records shall become the property of the City of Fayetteville and turned over accordingly within thirty (30) days after cancellation of the contract. Collection agencies wishing to submit proposals must provide the following criteria to qualify for consideration of this Request for Proposal: 1) Description of the agency's past history in collections. 2) Statement of how long the agency has been in existence and how long the agency has been located in the Northwest Arkansas area. 3) Submission of at leave five (5) current references, including contact person's name and phone number. This list must also include the average percentage of debts collected for each reference listed. 4) Submission of rate in which your agency proposes to bid for cost of services. 5) Resumes of all project team members Proposals will be considered based upon the ability of the collection agency to accomplish the objectives of the City of Fayetteville in collection of all utility bills and miscellaneous municipal billings. Agencies submitting proposals under this invitation must be bonded companies licensed to do business in the State of Arkansas. Agencies must show proof of bonding certificate and licensing from the State Board of Collection Agencies within ten days of contract award. Bonding certificate and any required license must to be kept current throughout the term of this contract. Proof of bonding certificate and licensing must be submitted before each renewal period. If the firm is licensed to do business in other states, please specify the states in which the firm is licensed to do business. The City of Fayetteville reserves the right to accept or reject any or all proposals, waive formalities in the bid process, and make a bid award deemed to be in the best interest of the City. Accounts, etc. will be turned over to the collection agency at the sole discretion of the City. Cases while on appeal will not be turned over for collection. Only debts with past due amounts of 90 days or older will be considered for reference to a collection agency. The City of Fayetteville shall submit water, sewer, and sanitation accounts (Utility Billing) to the agency on a regular monthly basis. District Court fines shall be submitted to the agency on an as needed basis only and are not a primary scope of this RFP. Miscellaneous municipal billings may be submitted to the agency on an as needed basis. In instances where a credit adjustment is made to debts that have already been submitted to the agency, the City shall City of Fayetteville, AR REP 11-03, Collection Services Page 11 of 24