DEBT RECOVERY SERVICES FOR SHAWNEE COUNTY (THIS IS NOT AN ORDER)

DEBT RECOVERY SERVICES FOR SHAWNEE COUNTY (THIS IS NOT AN ORDER) Proposals will be accepted at the Shawnee County Counselor s Office, Shawnee County Courthouse, 200 SE 7 th Street,, until 2:00 P.M. on March 15, 2016, for primary debt recovery services for Shawnee County. Late submissions will not be considered. SECTION 1.0 PURPOSE Shawnee County seeks proposals for ongoing collection of accounts referred to the successful bidder by Shawnee County and to perform all investigation necessary in connection with such debt collection cases. The successful bidder will be engaged by the County in accordance with the agreement set forth as Appendix A below to pursue all accounts referred for collection, regardless of the size of the account. The Shawnee County Departments that will be forwarding accounts for collection include: Shawnee County Department of Corrections delinquent accounts for offsite medical services and processing fees. Shawnee County Health Agency delinquent accounts for patient medical services. Shawnee County Parks and Recreation Department delinquent accounts for program registrations, shelter/campsite reservations, and additional shelter fees for cleaning time/damages incurred. Shawnee County Public Works delinquent accounts for sewer fees. Shawnee County Solid Waste delinquent bills for commercial trash service, residential trash service outside of the City of Topeka (The City of Topeka will continue to collect delinquent residential accounts inside City of Topeka), recycling services and roll-off container fees. 1

Shawnee County Treasurer delinquent personal property taxes (note that prior to forwarding delinquent personal property taxes to collections, the County will first exhaust its ability to collect these taxes at the time of vehicle registration pursuant to K.S.A. 8-173), returned check fees, motor vehicle registration fees. Shawnee County Weeds Department delinquent accounts for sale of chemicals. Other County Departments as needed. SECTION 2.0 MINIMUM QUALIFICATIONS Proposers must meet or exceed theses qualifications to be considered for award. Specific responses to each must be provided in the proposal. Proposers must: 1. Have staff attorney(s) currently licensed to practice law in the State of Kansas; 2. Have a minimum of five (5) years experience providing debt collection services; 3. Provide contact name(s), title(s), qualification(s), phone number(s), and e-mail address(s) of staff assigned to the County account; 4. Provide three (3) references verifying exemplary service. These references MUST have received debt collection service(s) similar to those proposed under this RFP. Provide the business name, address, contact name, phone number, length of service for each client, and a brief description of services provided; SECTION 3.0 PROPOSAL EVALUATION CRITERIA PROPOSAL EVALUATION 3.1 Evaluation of the proposals meeting minimum qualifications will include, but is not limited to, the following criteria: 1. Cost of services 2. Experience in providing services to similar accounts 3. References 2

Selected proposers may be asked to provide a presentation to explain their proposals during the evaluation process. The County may elect to waive minor technicalities and further may elect to accept or reject any or all proposals received. SECTION 4.0 - SUBMISSION OF PROPOSALS 4.1 Envelopes containing proposals must be sealed and marked on the face with the name and address of the submitter and the words, DEBT RECOVERY SERVICES PROPOSAL FOR SHAWNEE COUNTY 4.2 Each proposal shall consist of a completed bid form as set forth in Section 5.0 below. Any additional information deemed beneficial may be provided in writing by the submitter. date. 4.3 All proposals must remain in effect for ninety (90) days after the proposal due SECTION 5.0 MISCELLANEOUS CONDITIONS 5.1 The Board of County Commissioners of the County of Shawnee, Kansas (or their designee) reserves the right to reject any and all proposals. 5.2 No interpretation of the meaning of the request for proposals will be made to any submitter orally. 5.3 Each request for such interpretation should be in writing, addressed to the Shawnee County Counselor, Shawnee County Courthouse, 200 SE 7 th Street,,. To be given consideration, the request must be at least 5 calendar days prior to March 15, 2016. 5.4 Any and all such interpretations, and any supplementary instructions which the County Commission or County Counselor may issue shall be in the form of written addenda to the request for proposals and, if issued, shall be sent by first class mail or faxed to all parties of record having received such requests for proposals. 3

5.5 Failure of any submitter to receive any such addenda or interpretations shall not relieve the submitter of any obligations under the proposal as submitted. 5.6 To ensure receipt of any such addenda referred to above, any and all interested parties should make sure their name and address is on file with the Shawnee County Counselor s Office, Shawnee County Courthouse, 200 SE 7 th Street,,. 5.7 The County and any person or entity hired to perform debt recovery services will agree to be bound by Kansas law, and the agreement between the parties shall be interpreted in accordance with Kansas law. 5.8 The County and the successful proposer will agree that their relationship is an independent contractor relationship only. No joint venture, master/servant, employer/employee or other agency relationship shall be created between the parties. 5.9 The County reserves the right to request additional contract provisions in the final written agreement with the successful proposer. 5.10 Alternate proposals will be considered for an award. The County reserves the right to make the final determination of actual equivalency or suitability of such proposals with respect to requirements outlined herein. 5.11 The County may award a contract, based on proposals received, without discussion of such proposals. A proposer s initial offer should therefore be based on the most favorable terms available from a price and technical standpoint. The County may, however, have discussion with those proposers that it deems in its discretion to fall within a competitive range. It may also request best and final offers from such proposers, and make an award and/or conduct negotiations thereafter. 5.12 The County reserves the right to negotiate separately with any proposer after the opening of this Request for Proposal when such action is considered in its best interest. Subsequent negotiations may be conducted, but such negotiations will not constitute acceptance, rejection, or a counteroffer on the part of the County. 4

5.13 Proposals may not be withdrawn for a period of 90 days following the opening of this Request for Proposal. Prices MUST also be free of duties, federal, state, and local taxes unless otherwise imposed by a governmental body, and applicable to the material on the proposal. 5.14 All requested information must be supplied. If you cannot respond to any part of this request, state the reason you cannot respond. You may provide supplemental information, if necessary, to assist Shawnee County in analyzing your proposal. 5.15 A contractual agreement constitutes the County s offer to the proposer upon the terms and conditions stated therein. 5.16 Proposers responding to this RFP must agree to furnish all materials, labor, supplies, equipment, and incidentals necessary to provide the equipment/materials/services described herein and any addendums hereto. 5.17 If a response to this Request for Proposal is accepted, the responder agrees to execute and deliver to the County a contract within thirty (30) days of notice of the award to the Proposer. 5.18 Domestic (Kansas) corporations shall: 1) furnish evidence of good standing in the form of a Certificate signed by the Kansas Secretary of State. Foreign (non-kansas) corporations shall furnish evidence of authority to transact business in Kansas, in the form of a Certificate signed by the Kansas Secretary of State; and 2) a copy of the Corporation Resolution evidencing the authority to sign the Contract Documents, executed by the Corporation s Secretary or Assistant Secretary. 5.19 The Proposer hereby certifies that he or she has carefully examined all of the documents for the RFP, has carefully and thoroughly reviewed this RFP, understands the nature and scope of the work to be done; and that this proposal is based upon the terms, specifications, requirements, and conditions of the RFP. The proposer further agrees that the performance time specified is a reasonable time, having carefully considered the nature and scope of the project as aforesaid. 5

5.20 Any confidential or proprietary information should be clearly marked. It will be understood that any proposal and any/all referencing information submitted in response to this RFP will become the property of the County, and will not be returned. The County will use discretion with regards to disclosure of proprietary information contained in any response, but cannot guarantee that information will not be made public. As a governmental entity, the County is subject to making records available for disclosure after Board of Shawnee County Commission approval of the recommendation. 5.21 The County reserves the right to cancel the work described herein prior to issuance and acceptance of any contractual agreement/purchase order by the recommended vendor even if the County has formally accepted a recommendation. 5.22 The County will issue a contract for the acquisition of services specified as a result of an award made in reference to this document. Contract documents will be subject to any regulations governed by the laws of the State of Kansas and any local resolutions specifically applicable to the purchase. Any dispute arising out of the contract documents or their interpretation will be litigated only within the courts of the State of Kansas. 5.23 The County reserves the right to enter into agreements subject to the provisions of the Cash Basis Law (K.S.A. 10-1112 and 10-1113) and the Budget Law (K.S.A. 79-2935). Agreements shall be construed and interpreted so as to ensure that the County shall at all times stay in conformity with such laws, and as a condition of agreements the County reserves the right to unilaterally sever, modify, or terminate agreements at any time if, in the opinion of its legal counsel, the Agreement may be deemed to violate the terms of such law. 5.24 Successful proposer may have access to private or confidential data maintained by the County to the extent necessary to carry out its responsibilities of the contract. Proposer shall be responsible for compliance with the privacy provision of the Health Insurance Portability and Accountability Act (HIPAA) and shall comply with all other HIPAA provisions and regulations applicable. Proposer shall execute a Business Associate Agreement. 5.25 The proposer agrees all data, records and information, which the proposer, including its agents and employees, obtains access to for the purposes of this proposal, remains at all times exclusively the property of the County. Proposer agrees it will take all reasonable steps and the same protective precautions to protect the County s proprietary information from 6

disclosure to third parties as with proposer s own proprietary and confidential information. Proposer agrees that all data, regardless of form that is generated as a result of this Request for Proposal is the property of the County. 5.26 The Proposer agrees: He or she will observe the provision of the Kansas Commission on Human Rights and will not discriminate against any person in the performance of work under the present contract because of race, religion, color, sex, national origin, ancestry, or physical disability; In all solicitations or advertisements for employees, he or she will include the phrase, Equal Opportunity Employer, or a similar phrase to be approved by the Kansas Commission on Human Rights; If he or she fails to comply with the manner in which he reports to the Kansas Commission on Human Rights, he will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; If he or she is found guilty of a violation of the Kansas Act Against Human Rights under a decision, or order of the Kansas Commission on Human Rights which has become final, he or she will be deemed to have breached the present contract, and it may be canceled, terminated, or suspended, in whole or in part, by Shawnee County, Kansas; and, He or she will include the provisions of subsections (a) through (d) inclusively of this paragraph in every subcontract or purchase order so that such provision will be binding upon such subcontractor or vendor. K.S.A. 44-1030 5.27 By submission of a response, the proposer agrees that at the time of submittal, it: 1) has no interest (including financial benefit, commission, finder s fee, or any other remuneration) and will not acquire any interest, either direct or indirect, that would conflict in any manner or degree with the performance of proposer s services, or 2) benefit from an award resulting in a Conflict of Interest. A Conflict of Interest will include holding or retaining membership, or employment, on a board, elected office, department, division, or bureau, or committee sanctioned by and/or governed by the Board of Shawnee County Commissioners of the County of Shawnee, Kansas. Proposers will identify any interests, and the individuals 7

involved, on separate paper with the response and will understand that the County may reject their proposal at its sole discretion. time. 5.28 No gifts or gratuities of any kind shall be offered to any County employee at any 5.29 The Proposer certifies that this proposal is submitted without collusion, fraud, or misrepresentation as to other Proposers, so that all proposals for the project will result from free, open, and competitive proposing. 5.30 Prior to the opening of proposals, proposers may correct, modify, or withdraw their proposals. A proposer who wishes to withdraw a proposal must deliver the request in writing to the Purchasing Director. Any correction or modification to a proposal must be submitted in writing and in a sealed envelope clearly identifying the envelope as being a correction or modification to the proposer s proposal. 8

SECTION 6.0 BID FORM The undersigned will perform debt collection services for Shawnee County inside the State of Kansas in accordance with the agreement contained in Appendix A below in exchange for the undersigned s receipt of % of any and all amounts it is able to collect from any source. In the event any collection case(s) are referred out of state, then the undersigned will perform debt collection services for Shawnee County in accordance with the agreement contained in Appendix A below in exchange for the undersigned s receipt of % of any and all amounts it is able to collect from any source. The undersigned agrees to perform debt collection services for Shawnee County in accordance with this request for proposal, bid form, and in agreement with the terms and conditions set forth in the example contract attached hereto as Appendix A. Signature Title Printed Name Company Name Address City, State Zip Phone Number/Fax Number Federal ID Number 9

APPENDIX A Example Contract for Debt Collection Services for the Shawnee County County Reserves The Right To Negotiate Additional or Alternative Terms With Successful Bidder CONTRACT SHAWNEE COUNTY CONTRACT NO. C -2016 A CONTRACT FOR DEBT COLLECTION BETWEEN SHAWNEE COUNTY AND THIS CONTRACT is entered into on this day of, 20, by and between THE BOARD OF COUNTY COMMISSIONERS OF THE COUNTY OF SHAWNEE, KANSAS (hereinafter County ) and (hereinafter Company ). The parties agree to be bound by the following terms and provisions of this Agreement: 1. County and Company agree to implement a mutually agreeable method of exchanging and acquiring necessary information on the accounts from the County that will allow a seamless transition for agency collections from the current collection agency. 2. County authorizes Company to represent the County in ongoing collection of accounts referred to Company by the County and to perform all investigation necessary in connection with such collection cases. Company agrees to pursue all accounts referred for collection, regardless of the size of the account. 3. County authorizes Company to represent the County in the aforesaid collection cases, and claims arising there from, and to commence such actions or file such claims as in its judgment it deems to be in the County s best interest. Provided however, the parties agree and understand that in the event the need arises pursuant to Paragraph 12 10

of this Agreement, the County will be notified in advance of such work being performed and expressly approve of such work prior to such work being performed. 4. County agrees the Company shall receive and retain percent ( %) of any and all monies collected, the recovery, from any sources. If, in the future, it becomes necessary to pay court costs, per statute, the Company may charge those expenses against the recovery. 5. It is further understood expenses do not include credit bureau checks, long distance phone calls, or mileage. Court costs would be reimbursed from the first payment received from the defendant. Currently by statute, Shawnee County does not have to pay court costs. 6. A recovery for fee purposes is effective the date the demand letter goes out of the office of the Company. It is further understood that regardless where the funds come from, the contingency fee shall apply. In addition, Company shall retain all court ordered attorney fees. 7. In the event that these collection cases are referred out-of-state, then the contingency fee agreement shall be increased to percent ( %) of the proceeds collected, plus expenses. In states where the sending of a demand letter by Company is prohibited, Company will immediately forward the case to local counsel at the same contingency rate. 8. County will grant Company a lien on any and all claims or causes of action that are the subject of representation by Company, under this Agreement. The lien will attach to any recovery the County may obtain, whether by arbitration award, 11

judgment, settlement, or otherwise, from any of the cases given to Company under this Agreement no matter how said funds are recovered. 9. Shawnee County may cancel this Agreement at any time without showing cause. Such cancellation will be in writing and apply prospectively only. It is understood that Company has the right to collect all judgments obtained on previously held cases, and is entitled to the contingency fee on any previously held judgment. This Agreement shall expire on December 31, 20, unless cancelled by either party prior to such date. The County may renew the contract for two (2) additional one (1) year terms by giving written notice sixty (60) days prior to the expiration of the one (1) year terms 10. It is understood that, should collection cases not result in recovery, the County will not owe Company for their services, however, the County will still be responsible for reasonable out-of-pocket expenses, as defined by this Agreement. 11. It is further understood that in the event of recovery in this matter, all outof-pocket expenses advanced and paid by Company shall be repaid first from the total recovery. The percentage of recovery, from which Company shall retain the fee, shall be calculated on the remainder, including interest that is recovered, after deducting the outof-pocket expenses as aforementioned. 12. Any work performed on bankruptcy appeals or counterclaims shall be billed on an hourly basis, provided timely notice to the County has been given prior to the work and written approval has been given in accordance with Paragraph 3 above. 13. County agrees to send accurate and legitimate debts for collection and agrees to update Company with any changes, which may occur including but not limited to payments, bankruptcy, settlements, etc. It is understood that, prior to forwarding 12

delinquent personal property tax accounts to Company for collection, the Shawnee County Treasurer shall certify in writing that the County has exhausted its ability to collect the taxes pursuant to K.S.A. 8-173 and that individuals referred for collection do not have active Shawnee County license tags. The Treasurer will notify by Board of County Commissioners of all such delinquent personal property tax accounts referred for collection at the time of referral. 14. The Company may destroy all paid in full files and all lost defendant files after five (5) years. 15. Company agrees to indemnify, save and hold harmless the County from all loss, cost, and expenses arising out of any liability, or claim of liability, for injury or damages to person or property sustained, by anyone whomsoever, by any act or omission of Company or any of its agents or employees, or other similar claims. 16. Company may have access to private or confidential data maintained by the County to the extent necessary to carry out its responsibilities of the contract. Proposer shall be responsible for compliance with the privacy provision of the Health Insurance Portability and Accountability Act (HIPAA) and shall comply with all other HIPAA provisions and regulations applicable. Proposer shall execute a Business Associate Agreement prior to providing services. 17. This Agreement along with the attached Business Associate Agreement, Contractual Provisions Attachment and the County s Request for Proposals represents the entire agreement and understanding between Company and the County. No terms, conditions, course of performance, usage of trade, understanding, or agreements purporting to modify, supplement, or explain any provision of this Agreement shall be 13

effective unless in writing, signed by representative of both parties authorized to amend the Agreement. COMPANY Authorized Representative BOARD OF COUNTY COMMISSIONERS SHAWNEE COUNTY, KANSAS, Chair ATTEST: Cynthia A. Beck, Shawnee County Clerk 14