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HomeMy Public PortalAboutExhibit MSD 18M Collection Law Services RFP 1416THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL 1416 Collection Litigation Law Services Submittal of Questions: See Paragraph 2.3, Terms & Conditions Exhibit MSD 18M Bids MUST be received in the PURCHASING DIVISION Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 No Later Than: 11:OOAM., December 9th, 2010 Part 1 of 2 Parts Terms & Conditions IMPORTANT NOTICE Please visit our website: www.stlmsd.com (Programs and Projects, Bids) to register & view bids online. Steve Trenz Purchasing Agent Phone: 314.768.2735 Fax: 314.768.6369 E-mail: strenz@stlmsd.com Publish Date: November 30th, 2010 Request for Quotation 1416 Contract Terms and Conditions Table of Contents Terms and Conditions 3 1. GENERAL: 3 1.1. ISSUING OFFICE: 3 1.2. PURPOSE: 3 1.3. SCHEDULE OF ACTIVITIES: 3 1.4. GENERAL CONTRACT TERM: 3 2. RESPONDING TO THIS SOLICITATION: 3 2.1. SUBMITTING YOUR PROPOSAL: 3 2.2. PROPOSALS MUST BE VALID FOR 120 DAYS: 3 2.3. QUESTIONS/CLARIFICATIONS REGARDING THIS SOLICITATION: 4 2.4. ADDENDUM(S): 4 2.5. REFERENCES: 4 2.6. ALTERATION OF SOLICITATION: 4 2.7. WITHDRAWAL OF PROPOSALS: 4 2.8. REJECTION OF PROPOSALS: 4 2.9. INCURRING COSTS: 4 2.10. RESPONSE MATERIAL OWNERSHIP: 5 2.11. RIGHTS IN DATA, DOCUMENTS, AND SOFTWARE SUBMITTED WITH PROPOSAL (DISTRICT -OWNERSHIP): 5 2.12. COLLUSION CLAUSE: 5 2.13. MISTAKES IN BIDS: 5 2.14. SPECIFICATIONS: 6 2.15. TRANSMITTAL LETTER: 6 2.16. FORMAT OF PROPOSAL: 6 2.17. ADDITIONAL INFORMATION ABOUT THE EVALUATION PROCESS: 6 3. MINORITY AND WOMEN BUSINESS OWNED UTILIZATION PROGRAMS: 6 3.1. PURPOSE: 6 3.2. PROCEDURE: 7 3.2.1. SPECIFICATIONS FOR MWBE PARTICIPATION: 7 3.2.2. EVALUATION OF GOAL ACHIEVEMENT: 7 3.2.3. CONTRACT COMPLIANCE: 8 3.2.4. DISCLAIMER: 8 4. ADDITIONAL REQUIREMENTS FOR THIS SOLICITATION: 9 4.1. CONFLICT OF INTEREST: 9 5. QUALIFICATIONS: 9 5.1. WORK EXPERIENCE OF COMPANY: 9 5.2. INSURANCE: 9 5.3. BONDING: 10 5.4. RESPONSIBILITY: 11 5.5. COMPLIANCE WITH DISTRICT ORDINANCES, CONTRACTS OR CHANGES: 11 6. AWARDING THE BID: 11 6.1. AWARDING THIS SOLICITATION: 11 6.2. NON -RESPONSIVE BIDS AS DETERMINED BY THE DISTICT: 11 6.3. CONTRACT DOCUMENTS: 12 7. LEGAL CONSIDERATIONS: 12 7.1. ASSIGNMENT: 12 7.2. PUBLIC OFFICIAL NOT PERSONALLY LIABLE: 12 7.3. NON-DISCRIMINATION IN EMPLOYMENT: 12 7.4. HOLD HARMLESS: 13 7.5. INDEMNIFICATION: 13 7.6. APPLICABLE LAW: 13 8. TERMINATION: 13 8.1. TERMINATION FOR CONVENIENCE: 13 Proprietary and Confidential Page 1 of 14 Request for Quotation 1416 8.2. TERMINATION FOR DEFAULT: 13 9. POST -CONTRACT REQUIREMENTS: 14 9.1. AUDITING OF INVOICES: 14 9.2. AUDITS/INSPECTIONS: 14 Proprietary and Confidential Page 2 of 14 Request for Quotation 1416 Terms and Conditions 1. GENERAL: 1.1. ISSUING OFFICE: The Metropolitan St. Louis Sewer District, Purchasing Division, issues this Request for Proposal. All contact regarding this RFP is to be directed to: Steve Trenz Market Street St. Louis, MO 63103-2555 Phone: (314) 768-2735 Fax: (314) 768-6369 E-mail: strenz@stlmsd.com@stlmsd.com 1.2. PURPOSE: The purpose of this Request for Proposal (RFP) is to obtain competitive proposals from qualified individuals and firms interested in providing Collection Litigation Law Services. 1.3. SCHEDULE OF ACTIVITIES: ACTIVITY/DATE: • Proposals due: 11:00 AM December 9th, 2010 • Proposals reviewed and top candidates identified: December 10th, 2010 • Final Selection of proposals based on evaluation criteria: TBD • Recommendation made to Board of Trustees: December 16th, 2010 • Board Action: January 2011 The above dates are target dates and may change. 1.4. GENERAL CONTRACT TERM: • The Metropolitan St. Louis Sewer District (District) desires to enter into a one year Contract with two (2) possible option years for Collection Litigation Law Services. Each option is exercisable at the sole discretion of the District. Additionally, the District will retain the right to extend the Contract for a period of up to six (6) months beyond the initial three (3) year term. The extension is to be exercisable by written notice to the Proposer prior to the expiration of the Contract. 2. RESPONDING TO THIS SOLICITATION: 2.1. SUBMITTING YOUR PROPOSAL: The Purchasing Division, Metropolitan St. Louis Sewer District, 2350 Market Street, St. Louis, MO 63103, must receive proposals no later than 11:00 AM, December 9th, 2010. Delivery of the proposals is the sole responsibility of the Proposer. Any proposal received after the appointed time may be determined non -responsive and may not be opened. Proposals must be submitted in five (5) copies, one of which must be an original and so marked. The proposals must be in sealed package and marked in bold letters "RFP 1416 - Collection Litigation Law Services". 2.2. PROPOSALS MUST BE VALID FOR 120 DAYS: Proprietary and Confidential Page 3 of 14 Request for Quotation 1416 All proposals submitted must be valid for a minimum of one hundred twenty (120) calendar days. If the evaluation process extends beyond one hundred twenty (120) calendar days from the date following Proposal opening the District will ask the Proposer to verify his proposal prior to an award being made. The District will endeavor to make the award before the end of the one hundred twenty (120) day period. 2.3. QUESTIONS/CLARIFICATIONS REGARDING THIS SOLICITATION: All questions concerning the solicitation and specifications shall be submitted via email, in writing to: Steve Trenz (strenz@stlmsd.com) not later than Noon, December 3rd, 2010. Any oral responses to any question shall be considered unofficial and not binding on the District. An Addendum will be issued, if necessary, providing the District's official response. 2.4. ADDENDUM(S): The District may need to issue an addendum(s) before the scheduled bid opening date. Addendums will be written and posted on the District's website. The District will not issue an oral addendum. Bidders are to acknowledge receipt of the addendum(s) as part of their bid submittals. The District will post addendums on the District's website. It is each bidder's responsibility to check the website and to download the addendums. Once an addendum is posted on the District's website the District considers all bidders and potential bidders have been notified of the addendum. The District is not responsible if the website is not available to the bidder for any reason. 2.5. REFERENCES: Each Proposer shall submit a list of five (5) references for companies where they have provided a similar service within the last three years; this list shall include a Point of Contact (POC) and a telephone number where the POC can be contacted. This list shall also include the dates for which the Proposer provided the service. 2.6. ALTERATION OF SOLICITATION: The wording of the District's solicitation may not be changed or altered in any manner. Bidders taking exception to any clause in whole or in part should do so by listing said exceptions on their letterhead and submitting them with their bid; such exceptions will be evaluated and accepted or rejected by the District, whose decision will be final. 2.7. WITHDRAWAL OF PROPOSALS: Any Proposer may withdraw his/her proposal at any time prior to the scheduled closing time for the receipt of proposals. However, no proposal will be withdrawn for a period of ninety days after the scheduled closing time for the receipt of proposals. 2.8. REJECTION OF PROPOSALS: The District reserves the right to reject any or all proposals received in response to this RFQ, or to cancel the RFQ if it is in the best interest of the District to do so. Failure to furnish all information requested in this RFQ may disqualify the proposal. Any exceptions to the requirements specified must be identified in the proposal. 2.9. INCURRING COSTS: The District shall not be obligated or be liable for any cost incurred by Proposers prior to issuance of a Contract. All costs to prepare and submit a response to this solicitation shall be borne by the Proposer. Proprietary and Confidential Page 4 of 14 Request for Quotation 1416 2.10. RESPONSE MATERIAL OWNERSHIP: All material submitted regarding this RFP becomes the property of the Metropolitan St. Louis Sewer District. Proposals may be reviewed by any person, after the "Notice of Intent to Award" letter has been issued, subject to the terms of this solicitation. 2.11. RIGHTS IN DATA, DOCUMENTS, AND SOFTWARE SUBMITTED WITH PROPOSAL (DISTRICT -OWNERSHIP): Any software, research, reports, studies, data, photographs, negatives or other documents, drawings or materials prepared by proposer in the perfoiiiiance of its obligations under this contract shall be the exclusive property of the District and all such materials shall be delivered to the District by the proposer upon completion, termination or cancellation of this contract. Proposer may, at its own expense, keep copies of all its writing for its personal files. Proposer shall not use, willingly allow, or cause to have such materials used for any purpose other than the perfoiniance of Proposer's obligations under this contract without prior written consent of the District; provided, however, that the proposer shall be allowed to use non -confidential materials for writing samples in pursuit of the work. The ownership rights described herein shall include, but not be limited to, the right to copy, publish, display, transfer, prepare derivative works, or otherwise use written works. 2.12. COLLUSION CLAUSE: Any agreement or collusion among bidders/proposers and prospective bidders/proposers to illegally restrain freedom of competition by agreement to fix prices, or otherwise, will render the bids/proposals of such bidders void. 2.13. MISTAKES IN BIDS: General: Clarification or withdrawal of a bid because of an inadvertent, nonjudgmental mistake in the bid requires careful consideration to protect the integrity of the competitive bidding system, and to assure fairness. Except as provided in this rule, if the mistake is attributable to an error in judgment, the bid may not be corrected. Bid correction or withdrawal by reason of a nonjudgmental mistake is permissible but only to the extent it is not contrary to the interest of the public agency or the fair treatment of other bidders. Mistakes Discovered After Bid Closing but Before Award: This subsection prescribes procedures to be applied in situations where mistakes in bids are discovered after the time and date set for bid closing but before award. • Minor Informalities: Minor informalities are matters of form rather than substance that are evident from the bid documents, or are insignificant mistakes that can be waived or corrected promptly without prejudice to other bidders or the public agency; that is, the informality does not affect price, quantity, quality, delivery, or contractual conditions except in the case of informalities involving unit price. • Mistakes Where Intended Correct Bid is Evident: If the mistake and the intended correct bid are clearly evident on the face of the bid form, or can be substantiated from accompanying documents, the public agency may accept the bid. Examples of mistakes that may be clearly evident on the face of the bid form are typographical errors, errors in extending unit prices, transposition errors, and arithmetical errors. Mistakes that are clearly evident on the face of the bid form also may include instances in which the intended correct bid is made clearly evident by simple arithmetic calculations. For example, missing unit price may be established by dividing the total bid item by the quantity of units for that item, and an omission or incorrect total bid for an item may be established by multiplying the unit price by the quantity when those figures are available on the bid. For discrepancies between unit prices and extended prices, unit prices shall prevail. • Mistakes Where Intended Correct Bid is Not Evident: The public agency may not accept a bid in which a mistake is clearly evident on the face of the bid form but the intended correct bid Proprietary and Confidential Page 5 of 14 Request for Quotation 1416 is not clearly evident or cannot be substantiated from accompanying documents. 2.14. SPECIFICATIONS: Attached to this RFQ are the Technical Specifications for this bid. The Technical Specifications may include instructions on submittals to be returned with the Bid. Bidders are responsible for supplying all requested information — any bids that don't address the information requested may be rejected as non -responsive. Solicitations for Professional Services will also include the Evaluation Criteria and the weighting factors that will be used in evaluating the proposals submitted. Proposals should be structured so that it is clear what information is being submitted in support of each criteria. 2.15. TRANSMITTAL LETTER: All Proposers must submit a transmittal letter prepared on the Proposer's letterhead. The letter must be signed by an individual who is authorized to bind this firm to all statements, services, and prices contained in the proposal for both the primary and subcontractors. In addition, a letter from any sub -proposer to be used in the service should be included. This letter must be signed by an individual who is authorized to bind the firm and should give a brief description of the work they are to perform. 2.16. FORMAT OF PROPOSAL: Proposals are to be kept within 30 pages with a minimum font size of 11. Any proposal not structured in the manner described and not addressing all issues may be rejected as non -responsive. 2.17. ADDITIONAL INFORMATION ABOUT THE EVALUATION PROCESS: Failure of the Proposer to provide in his/her proposal any infoiniation requested in this RFP may result in disqualification of the proposal and shall be the responsibility of the proposing individual or firm. During the evaluation process, discussions may be conducted with Proposers who submit proposals determined to be reasonably susceptible of being selected for award. If will be the recommendatino of the evaluation committee if discussionss for clarification are needed. The objective of the evaluation committee will be to recommend the Proposers whose proposal is most responsive to the District's needs while within the available resources. The specifications within this RFP represent the minimum performance necessary for response. As part of the evaluation process, Proposers may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee. Such presentations and/or site visits will be at the Proposer's expense. 3. MINORITY AND WOMEN BUSINESS OWNED UTILIZATION PROGRAMS: 3.1. PURPOSE: The Metropolitan St. Louis Sewer District (District) will provide opportunities for the meaningful participation by Minority and Women Business Enterprises (MWBE) in Professional Services Projects Proprietary and Confidential Page 6 of 14 Request for Quotation 1416 performed for the District. The purpose of this procedure is to set guidelines and establish procedures for MWBE participation by applicable vendors, bidders, contractors, service providers and any person, corporation, business, or other entity doing business with the District on Professional Services Projects. The contents of this procedure also apply to Disadvantaged Business Enterprises (DBE). 3.2. PROCEDURE: 3.2.1. SPECIFICATIONS FOR MWBE PARTICIPATION: The Metropolitan St. Louis Sewer District (District) has established an MWBE total combined goal of 20% utilization for all professional services contracts in the amount of $50,000 or more. Exceptions will be noted in the contract documents when required. The District's procedure regarding MWBE utilization establishes a total, combined MWBE goal of 20% of the total contract dollar amount. A consultant or other professional (hereafter "consultant") who has achieved the total, combined 20% participation for MWBEs, as defined herein, will be in compliance with the goals of this specification. A consultant who cannot achieve the 20% goal for MWBE participation must provide documents, as prescribed in this specification to demonstrate that the required positive efforts were initiated prior to submittal of the proposal. If the consultant cannot demonstrate the required positive efforts, the proposal will be rejected as non -responsive. The term Minority and women Business Enterprise (MWBE) refers to: • A Minority Business Enterprise (MBE), defined as a business that is at least 51% owned, operated and controlled by minority group members, who are citizens of the United States. " Controlled" means that the minority owner(s) must exercise actual day-to-day management of the business. Minority groups covered by this procedure include African -Americans, Hispanic -Americans, Asian -Americans, and Native American Indians. • Women's Business Enterprise (WBE), defined as a business that is at least 51% owned, operated and controlled by a non -minority woman or women, who are citizens of the United States. "Controlled" means that the woman owner(s) must exercise actual day-to-day management of the business. The District will accept, as prospective MWBE participants for these projects, only those MWBE firms which have been certified by one or more of the following agencies on or before the due date of the proposal: • Missouri Department of Transportation (MoDOT) • Missouri State Office of Administration • Illinois Department of Transportation (IDOT) • City of St. Louis (St. Louis Development Corp./Airport Authority) • METRO (formerly Bi-State Development Agency) • St. Louis Minority Business Council (SLMBC) • Women's Business Enterprise National Council (WBENC) and its affiliates 3.2.2. EVALUATION OF GOAL ACHIEVEMENT: As a prerequisite to demonstrate MWBE goal achievement, the consultant must provide the following data on or before the date of submitting their proposal unless instructed by the District to do otherwise: • The type of work and percentages to be awarded to each MWBE sub -consultant. • The names of MWBE sub -consultants to be utilized. • The total percentage of MWBE participation. MBE and WBE must be shown separately Proprietary and Confidential Page 7 of 14 Request for Quotation 1416 • MWBE certification for all sub -consultants listed in the proposal.If the proposal is considered non -responsive as described above , the District will advise the consultant, in writing, of the basis for such determination.Contract Compliance. Changes to the proposed MWBE utilization will be considered by the District only for one of the following reasons: • The named MWBE firm is unable to meet the project schedule requirements. • The named MWBE firm is dilatory in complying with the requirements of the contract. • The named MWBE fu in is prevented from performing due to bankruptcy, insolvency or circumstances related to the failure of the business. The consultant shall promptly report any and all proposed changes in the utilization of MWBE firms to the District, in writing, with appropriate documentation. No change shall be effective unless confirmed by a District written change order.NO fh: The consultant must attach the District's MWBE Involvement Report to the progress payment request. Before final payment will be authorized by the District, the consultant must submit a signed confirmation of total payment from each MWBE sub -consultant. In the event the consultant fails to conform to their MWBE obligations, the consultant must furnish to the District, in writing, the reasons for failure. If, in the sole judgment of the District, there have not been good faith efforts taken on the part of the consultant to meet the originally stated obligations, the District will advise the consultant, in writing, of corrective actions to be initiated. If the consultant fails to fully initiate these corrective actions in a timely manner, the District may withhold, from any payment, the equivalent amount, that should have been paid to the MWBE(s). 3.2.3. CONTRACT COMPLIANCE: Changes to the proposed MWBE utilization will be considered by the District only for one of the following reasons. • The named MWBE firm is unable to meet the project schedule requirements. • The named MWBE firm is dilatory in complying with the requirements of the contract. • The named MWBE firm is prevented from performing due to bankruptcy, insolvency or circumstances related to the failure of the business. The consultant shall promptly report any and all proposed changes in the utilization of MWBE firms to the District, in writing, with appropriate documentation. No change shall be effective unless confirmed by a District written change order. NOTE: The consultant must attach the District's MWBE Involvement Report to the progress payment request. Before fmal payment will be authorized by the District, the consultant must submit a signed confirmation of total payment from each MWBE sub -consultant. In the event the consultant fails to conform to their MWBE obligations, the consultant must furnish to the District, in writing, the reasons for failure. If, in the sole judgment of the District, there have not been good faith efforts taken on the part of the consultant to meet the originally stated obligations, the District will advise the consultant, in writing, of corrective actions to be initiated. If the consultant fails to fully initiate these corrective actions in a timely manner, the District may withhold, from any payment, the equivalent amount, that should have been paid to the MWBE(s). 3.2.4. DISCLAIMER: The District's implementation of this MWBE procedure and its requirements does not constitute any endorsement of any MWBE. By submitting a bid to the District, the consultant agrees to hold harmless the District, its officers and employees, for all claims arising out of this bid or any contract connected thereto. Proprietary and Confidential Page 8 of 14 Request for Quotation 1416 4. ADDITIONAL REQUIREMENTS FOR THIS SOLICITATION: 4.1. CONFLICT OF INTEREST: Contractors receiving compensation for work completed on behalf of the District shall be required to review the District's Conflict of Interest Policy (the policy may be found on the District's website www.stlmsd.com - once you are at the MSD home page click on search in the upper right hand corner; and type in "conflict of interest" and click on "search"); if a vendor does not have access to the interne the vendor may request that a copy be sent by e -mailed or facsimile) prior to submitting a bid. At the time a Notice of Award is issue the contractor will be required to complete and execute the Vendor's Conflict of Interest Statement and return it to the Purchasing Division. In addition, vendors and contractors must continue to abide by the Conflict of Interest Policy in order to remain eligible to conduct work for the District. The Purchasing Division does not maintain a central file of completed questionnaires. The Purchasing Division files completed Vendor's Conflict of Interest Questionnaires with the appropriate contract file. Vendors having questions concerning the District's Conflict of Interest Policy should direct their questions to the Office of General Counsel. The District has a hot line for individual or company to call to report any instance of unethical action by a District employee, Director, or Board member, or for any action that is a conflict of interest. The hot line telephone number is (800) 398-1496 (English) or (800) 216-1288 (Spanish). 5. QUALIFICATIONS: 5.1. WORK EXPERIENCE OF COMPANY: Bidders are to have been in business under the same name for a minimum of three years. 5.2. INSURANCE: • During the term of this Contract, Contractor will carry and maintain adequate public liability insurance for Bodily Injury, Personal Injury and Propety Damage with a company satisfactory to the DISTRICT which is: • Licensed to do business in the State of Missouri (Admitted) with a policyholder's rating of "A" or better and a financial rating of Class VI or higher in Best's Key Rating Guide, most recent edition; • Not licensed in the State of Missouri (Non -admitted) with a policy holder's rating of "A" or better and a financial rating of Class IX or higher in Best's Key Rating Guide, most recent edition, or • Organized pursuant to the Missouri Insurance Company Act (R.S.Mo. §§ 287.900 to 287.920) An insurance policy will be acceptable regardless of the above requirement if the insurance company furnishes a bond guarantee or policy containing a provision (commonly referred to as a "cut-thru" endorsement) giving all claimants thereunder a direct right of recovery against the company's reinsurer, provided the reinsurer meets one of the qualifications listed in the preceding sentence. The Contractor agrees to carry and maintain complete operations coverage under its Comprehensive General Liability Insurance. The limits of liability shall not be for less than the amounts listed below and shall be in larger amounts if such are required in the Project Specifications. Proprietary and Confidential Page 9 of 14 Request for Quotation 1416 REQUIRED MINIMUM INSURANCE COVERAGES: Business Automobile Liability: Contractor shall provide proof of Business Auto Liability. This policy shall cover bodily injury and property damage for all owned, non -owned and hired vehicles with limits of not less than $2,000,000 per occurrence, for claims involving bodily injury and property damage that may arise as a result of this contract. Contractor shall endorse MSD as additional insured under the policy. • All owned vehicles [provided, that if Contractor owns less than four vehicles, the District may permit Contractor to provide scheduled vehicle coverage for each owned vehicle and provide an accompanying letter listing all the vehicles owned and guaranteeing that prior to the Contractor's acquisition of any additional vehicle(s), the Contractor will provide notice to the District and obtain appropriate coverage]. • Non -owned and hired vehicles used in connection with the work. Workers' Compensation: • Workers' Compensation: Statutory Limit • Employers' Liability: • Bodily Injury by Accident: $100,000 each accident • Bodily Injury by Disease: • $500,000 policy limit • $100,000 each employee 0 0 Commercial General Liability Insurance (CGL): The Contractor shall maintain CGLI and if necessary, Commercial Excess or Umbrella insurance with limits of not less than $2,000,000 per each occurrence. If such CGL insurance contains a general aggregate limit, it shall apply separately to this project (location). CGL insurance shall be written on an ISO occurrence form CG 00 01 10 01 (or substitute form providing equivalent coverage) and shall cover liability arising from premises, operations, independent contractors, product -completed operations bodily injury, personal injury and advertising injury, and liability assumed under an insured contract). MSD shall be endorsed under the policy as additional insured. CERTIFICATES OF INSURANCE Within ten days after being issued a Notice of Award of this Contraact and prior to the commencement of work for the District, the Contractor shall provide to the Purchasing Department of the District a satisfactory ISO "ACORD" Form - Certificates of Insurance to verify that insurance is provided in accordance with the above requirements. CANCELLATION The Contractor and/or Vendor shall provide a letter to MSD, on their company letterhead, confirming that, in the event any of the above described policies are canceled before the expiration date thereof, the contractor/vendor will mail 30 days written notice to the certificate holder named on the Certificate. (This letter will be attached to the Certificate of Insurance). 5.3. BONDING: The Contractor shall maintain satisfactory liability insurance, which will protect both the Contractor and District in the minimum amount of $100,000.00 personal injury for one person, $200,000.00 personal injury aggregate and $50,000.00 property damage. Proprietary and Confidential Page 10 of 14 Request for Quotation 1416 5.4. RESPONSIBILITY: The DISTRICT reserves the right to require the apparent successful bidder(s) to file proof of his/her ability to properly finance and execute the Contract, together with his/her record of successful completion of similar contracts prior. The award of Contract will be contingent upon providing acceptable proof and record of performance. The District will take into account a bidder's performance on any existing contracts the bidder has with the District. The District will take into account a bidder's performance on any past contracts a he/she has had with the District. If in the District's opinion the performance under such contracts is, or was, below a satisfactory level of performance the bidder can be found non -responsive. For example a current contract is behind schedule, or a past contract not completed on schedule, is considered evidence that the bidder will not complete the current project on schedule. If the District is experiencing, or has experienced, problems in getting a contractor to perform site restoration in a timely manner the District can consider that it will experience the same difficulty on the current project. While site restoration may not be a major portion of the contract it is a critical issue with the District's customers. These examples are not all inclusive of issues that may be considered in the evaluation of a bidder's performance in District contracts. It is not necessary for the District to have terminated a contract to consider the performance less than satisfactory. 5.5. COMPLIANCE WITH DISTRICT ORDINANCES, CONTRACTS OR CHANGES: The District may determine that a bidder is not responsible if, at the time a bidder submits a bid, it is determined that said bidder: • has a record of violating any ordinance, rule or regulation of the District; • is in default in the performance of any permit or contract with the DIistrict; or • is currently delinquent with respect to any District sewer charges or taxes. The District may terminate a contract if during the course of the contract it is determined that the Contractor is: • in violation of any District ordinance, rule or regulation of the District; • is in default in the performance of any permit or contract with the District; or • is currently delinquent with respect to any District sewer charges or taxes. In regards to delinquency to sewer charges and taxes the District has the right to deduct the amount of any delinquent amount owed to the District by the Contractor from any amount due the Contractor on any contract and/or purchase order. The District may exercise this right in conjunction with termination, or without exercising its right to terminate. 6. AWARDING THE BID: 6.1. AWARDING THIS SOLICITATION: The cost of operating and supporting a system or major item over its useful life may be substantial and in some cases the life cycle operating cost and maintenance cost are greater than the acquisition cost. Life cycle cost may include administrative costs associated with administering the contract and or system. The District may in evaluating bids to determine the lowest bidder may, when it deems it appropriate, take into account the account the total cost associated with owning and maintaining the contract, equipment, and/or system. In such instances the District shall document its evaluation of the life -cycle -cost, and this documentation will become a part of the contract file. 6.2. NON -RESPONSIVE BIDS AS DETERMINED BY THE DISTICT: Proprietary and Confidential Page 11 of 14 Request for Quotation 1416 It is the sole responsibility of the District to evaluate fairly and determine whether or not the Bid or Proposal is responsive. If it is determined that the bid is non -responsive for any reason, the Bidder shall be notified and the bid will be rejected by the District. 6.3. CONTRACT DOCUMENTS: The final Contract between the District and the Proposer will include by reference: • Proposal submitted • Teiiiis and Conditions and the Specifications contained in this RFP Any changes, additions or modifications hereto will be in writing and signed by the Purchasing Manager. No other individual is authorized to modify the Contract in any manner. 7. LEGAL CONSIDERATIONS: 7.1. ASSIGNMENT: Contractor shall not assign the contract, subcontract it, or sublet it as a whole without the prior written consent of the District. Assignment, subcontracting, or subletting such consent will in no way relieve the Contractor of any of its obligations under this contract unless specifically stated by the District in its consent. 7.2. PUBLIC OFFICIAL NOT PERSONALLY LIABLE: There will be no personal liability on the public officials of the District or its agents or employees for any act performed in the discharge of any duty imposed, or the exercise of any power or authority conferred on them by or within the scope of the contracts. It is understood that in all such matter they act solely as agents and representatives of the District. 7.3. NON-DISCRIMINATION IN EMPLOYMENT: In connection with the furnishing of supplies or performance of work under this contract, the Contractor agrees to comply with the Fair Labor Standard Act, Fair Employment Practices, Equal Opportunity Employment Act, and all other applicable Federal and State laws and further agrees to insert the foregoing provisions in all subcontracts awarded hereunder. The contractor will take affirmative action to insure that applicants are employed and that employees are treated, during employment without regard to their race, color, religion, sex or natural origin. Such action shall include, but not be limited to, the following: Employment upgrading, demotion or transfer, recruitment advertising, layoff or termination, rates of pay or other foiHus of compensation, and selection for training including apprenticeship. Likewise, the contract will not discriminate against any employee or applicant for employment if qualified. Further, the Contractor shall take affirmative action to employ and advance qualified veterans of the Viemam Era. Contractor agrees to post in a conspicuous place available to employees the applicants for employment notices setting forth the provisions of this non-discrimination clause. In the event of the Contractor's noncompliance with the provisions of the Subparagraph, above, this contract may be canceled, terminated or suspended in whole, or in part, and the Contractor may be declared ineligible for further District Contracts. The rights and remedies of the District provided in this Proprietary and Confidential Page 12 of 14 Request for Quotation 1416 subparagraph will not be exclusive but are in addition to any remedies provided in this contract or as provided for by law. 7.4. HOLD HARMLESS: The Contractor shall keep the District free and harmless from payment of any damages, costs, expenses, royalties, patent fees, lawyers' fees, or sums of money whatsoever by reason of any activity or performance of duties in connection with this project or agreement. 7.5. INDEMNIFICATION: The Contractor shall defend, indemnify and save harmless the District, its Trustees and employees, from and against any and all loss, damages, liability, costs and expenses (including but not limited to attorneys' fees) arising out of any claim, including workers' compensation claims, suit or action against the District for or on account of any discrimination, personal injuries or bodily injury, including death, sustained or claimed to be sustained by any employee or agent of Contractor due, in whole of part, to the work, or by consequence of any hazard related to the work, or due, in whole or part, to any negligent act or omission on the part of the Contractor or any subcontractor, their agents or employees, related to the work and including any claim under workers' compensation for higher wage rates for work done for the District than the Contractor is paying to its own employees whom it provides to the District. 7.6. APPLICABLE LAW: The bid and contract shall be governed in all respects by the ordinances of The Metropolitan St. Louis Sewer District and the laws of the State of Missouri, and any litigation with respect thereto shall be brought in the courts in the State of Missouri. 8. TERMINATION: 8.1. TERMINATION FOR CONVENIENCE: The perfoimnance of work under this Contract may be teiininated by the District in whole or part, whenever the Purchasing Manager shall determine that such termination is in the best interest of the District. Any such termination shall be affected by delivery to the Contractor of a letter of termination specifying the extent to which performance of work under the Contract is terminated and the date upon which such termination is effective. After receipt of a teiiiiination letter, the Contractor shall: • Stop work on the Contract on the date and to the extent specified in the letter. • Place no further orders for materials, services or facilities except as may be necessary to complete any portions of the work under Contract not terminated. • Complete on schedule such part of the work as not terminated by the letter of termination. 8.2. TERMINATION FOR DEFAULT: If, through any cause, the Contractor shall fail to fulfill, in a timely and proper manner, its obligations under this Contract, or if the Contractor shall violate any of the covenants, agreements, or stipulations of this Contract, the District shall thereupon have the right to terminate this Contract for cause by giving written notice to the Contractor of its intent to teiiitinate and at least ten (10) calendar days to cure the default or show cause why termination is otherwise not appropriate. In the event of termination, all fmished or unfinished documents, data, studies, surveys, drawings, maps, models, photographs, and reports or other material prepared by the Contractor under this Contract shall, at the option of the District, become its property, and the Contractor shall be entitled to receive just and equitable compensation for any services and supplies delivered and accepted. The Contractor shall be obligated to return any payment advanced Proprietary and Confidential Page 13 of 14 Request for Quotation 1416 under the provisions of this Contract. Notwithstanding the above, the Contractor shall not be relieved of liability to the District for any damages sustained by the District by virtue of any breach of the Contract by the Contractor, and the District may withhold any payment to the Contractor for the purpose of mitigating its damages until such time as the exact amount of damages due the District from the Contractor is determined. If after such termination it is determined, for any reason the Contractor was not in default, or that the Contractor's action/inaction was excusable, such termination shall be treated as termination for convenience as described in above paragraph. 9. POST -CONTRACT REQUIREMENTS: 9.1. AUDITING OF INVOICES: Invoices are subject to audit for a period of five (5) years after the expiration date of the final year of the Contract. If during the audit it is revealed that the Proposer charged the District a price higher that the Proposal price the Proposer will reimburse the District the amount of the overcharge. 9.2. AUDITS/INSPECTIONS: Contractor agrees to permit the District's Auditor or the Auditor's authorized representative (including auditors from a private auditing firm hired by the District) access during normal working hours to all books, accounts, records, reports, files, financial records, supporting documentation, including payrolls and account payable/receivable records, and other papers or property of the contractor for the purpose of auditing or inspecting any aspect of performance under this contract. The inspection and/or audit will be confined to those matters connected with the performance of the contract including, but not limited to, the cost or administering the contract. The District will provide reasonable notice of such an audit or inspection. The District reserves the right to audit and verify the contractor's records before final payment is made. Contractor agrees to maintain such records for possible audit for a minimum of three years after final payment, unless a longer period of records retention is stipulated under this contract or by law. Contractor agrees to allow interviews of any employees or others who might reasonably have information related to such records. Further, contractor agrees to include a similar right to the District to audit records and interview staff of any subcontractor related to the performance of this contract. Should the contractor cease to exist as a legal entity, the contractor's records pertaining to this agreement shall be forwarded to the surviving entity in a merger or acquisition or, in the event of liquidation, to the District Auditor. A Contractor may be debarred from quoting, bidding, or submitting a proposal on future solicitations for a period not to exceed five (5) years if the Contractor 1) fails to comply with the provisions of this clause, or 2) fails to issue a credit memo or check, within thirty (30) calendar days of being notified of the an overcharge. Proprietary and Confidential Page 14 of 14 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services 1 ACCOUNTS RECEIVABLE DIVISION OVERVIEW: 1.1.1 The MSD Accounts Receivable Division ("The Division") is the responsibility of the Accounts Receivable Manager as a direct report to the District's Director of Finance. Appendix A outlines the current organizational structure of the Accounts Receivable Division. The Division is responsible for the billing and collection of all revenues due the District and currently utilizes a mix of delinquency notices, four (4) outside collection agencies and two outside law firms to aid in its collections. The District's Legal Department handles some collection related litigation and serves as a resource to the Division for interpretation and advice on the District's Ordinances and the handling of litigation accounts. Per the District's Ordinance 13021 the District will bill the owner of the property for user charges; however it shall constitute a personal obligation to any user of services. See Appendix B-1 or B-2 for ordinance language governing service charges. The Division also handles the processing of all liens, bankruptcies and settlements associated with collection efforts. MSD is striving to enhance the collection efforts of the District. As a component of its FY2011 budget the District is implementing a comprehensive Collection Remediation Plan (CRP) to address its delinquent portfolio and decrease its allowance for doubtful accounts. It is the District's goal to substantially reduce both the dollar and account size of its delinquency portfolio by streamlining the performance metrics for its existing four collection agencies, adding a 2nd placement collection agency and increasing its number of collection litigation attorneys from two to four. 1.2 WORKLOAD: The main performance indicator for the District's collections efforts is average year-to-date Net Days Receivables Outstanding (NDRO), which was 56.2 days as of September 30, 2010. It is the District's goal to substantially reduce both the dollar and account size of its delinquency portfolio as soon as possible and reach a NDRO of 42 days by fiscal year end (June 30, 2011). As of October 31, 2010, the Accounts Receivable Division was managing approximately 11,725 accounts valued at $27.6 million assigned to the District's two law firms or to its Legal Department. As part to the District's CRP it is expected that approximately 19,600 accounts valued at $27.4 million will be added to the collection litigation segment of accounts. The assigned delinquent accounts may not contain accurate phone numbers or mailing addresses. 1.3 KEY GOALS AND OBJECTIVES: The primary intent of this RFP is to accomplish the following goals and objectives: • Reduce the District's total bad debt portfolio in terms of both dollars and number of accounts by identifying and disposing accounts deemed to be uncollectible. • Streamline and accelerate the District's collection process. • Decrease the net days receivable outstanding (NDRO) to 42 days by June 2011. • Improve portfolio reporting to include status of all accounts in portfolio. 1 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services ® Track law firm efforts based on a defined set of performance metrics. ® Achieve maximum responsiveness from law firms utilized. 2 RESPONSIBILITIES: 2.1 DISTRICT'S RESPONSIBILITIES: 2.1.1. The District will assign accounts at its discretion on an as -needed basis. It is estimated the District will assign approximately 500 accounts per month in total to be dispersed between the law firms with a per owner combined delinquent amount due of $500.00 or greater. Multiple account assignments may be grouped by property owner for ease of management. During the last fiscal year, the District assigned to two law firms approximately 500 accounts per month with a total balance of $866,934. The District cannot guarantee the total number of cases assigned in any given month as this number may vary. 2.1.2. District will provide on-line view -only access to account ledger detail (charges; payments; adjustments) from the District's billing and collection system (E -CIS). See Appendix C for example. 2.1.3. The District will only be responsible for payment of the agreed upon collection fees on those accounts referred by and collected for the District. 2.1.4. The District agrees that payments received directly by the District for accounts referred to the Proposer shall be included in the Proposer's total payments collected and shall be subject to the agreed upon fees. 2.1.5. The District will conduct a periodic audit of the successful Proposer's records associated with the delivery of District collection services to ensure a) complete and accurate reconciliation of a statistically acceptable number of accounts assigned, and b) compliance of cash remittances with District Charter Section 7.02(2): The District Secretary/Treasurer shall: "Have custody of all funds belonging to or under the control of the District or any subdistrict, and deposit daily all moneys coming into his hands in such depositories as are designated by the Board." 2.1.6. The District will evaluate the performance of the successful proposer on a monthly basis to ensure that a predetermined percentage of the account balances is collected in a given time period. Any accounts not meeting this performance indicator may be recalled and referred for further disposition. 2.1.7. The District will maintain settlement authority on all accounts. All settlements < 2 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services $5, 000 must be approved by the District's Accounts Receivable Manager or designee prior to execution. Settlements > $5,000 require prior approval of the District's Adjustment Review Committee ("ARC"). See Appendix B-1 or B-2 for ordinance language governing the ARC. 2.2 PROPOSER'S RESPONSIBILITIES AND DELIVERABLES: 2.2.1. Provide legal services to represent the District at its discretion and upon its request in the area of collection litigation. Said legal services shall include, but are not limited to, research to determine suit worthiness of debtor (i.e. identification of assets and place of employment), collection litigation, suit preparation and filing, obtaining judgments, enforcing judgments through and including final payment and satisfaction. The collection litigation process will be administered in accordance with Federal, State and local laws, including but not limited to District Ordinances. 2.2.2. The Proposer's status shall be that of independent contractor offering its services to the District. Proposer shall not represent itself or its employees as employees of the District. The Proposer shall assume all legal and financial responsibility for taxes, FICA, employee fringe benefits, Workers' Compensation, employee insurance, minimum wage requirements, overtime, etc. and agrees to indemnify, save, and hold the District, its officers, agents and employees, hauuless from and against, any and all loss; and damage of any kind related to negligent performance of obligations under the proposed contract. 2.2.3. The Proposer may not add interest to any account. All appropriate interest and/or late charges will be added by the District. 2.2.4. The Proposer may collect attorney fees only when a judgment is obtained against the defendant. Attorney fees will be charged at the rate allowed by the court. 2.2.5. The Proposer will be responsible for providing the following Status Reporting to the District on a monthly basis in addition to Performance Reporting listed in Section 2.5 below. • Account/cases referred • Status of each account in portfolio • Number of Suits prepared, including date prepared • Number of Suits filed, including court cost expended, case number, and initial court date • Number of consent judgments, default judgments, dismissals for payment in full, and dismissals per legal mandate (bankruptcy, foreclosure, etc.) • Number of accounts referred back to the District due to being uncollectable or legal mandate 3 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services • Total dollars collected for each individual account, including partial payments and payment in full • Number of accounts/cases which went to garnishment • Case number, Judgment Date, Judgment Amount, Satisfaction Date • Miscellaneous expenditures • Number of complaints • Changes related to customer accounts (i.e. mailing address, phone number, etc.) • Operational fees, including but not limited to, research fees, court costs, filing fees, garnishments fees • Process status on District's Top 50 Delinquent customers assigned to proposer. 2.2.6. Proposer will be required to meet personally with the District a minimum of four (4) times per contract year to review/discuss performance, case specific issues, District initiatives and changes in policies/procedures. 2.2.7. The Proposer will be responsible for electronically receiving files of case assignments and electronically sending data files and activities for each assigned account. Examples of file layouts are in Appendix E. The exact format and content of the electronic files will be determined by the District. 2.2.8. The Proposer will be responsible for electronically sending judgment information in the following format: • Account number • Law Firm • Case number • Judgment amount • Judgment date • Judgment satisfaction indicator • Owner/Tenant indicator • Case dismissal date • Reason for satisfaction or dismissal • Date of satisfaction or dismissal The successful Proposer should be prepared to work with the District to provide the necessary data for monitoring progress against these measures on a scheduled basis. The cost to produce these electronic report files should be in Proposer's overall pricing structure. The Proposer will be expected to provide this information on an agreed upon schedule basis and discuss their contents with the appropriate District staff as needed. 4 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services 2.2.9. The Proposer will be responsible for notifying the District of upcoming court dates and obtaining an updated affidavit to include all delinquent charges dues at the time of the court date. The Proposer will notify the District of any upcoming cases requiring a representative of the District to attend. ESCROW REQUIREMENT: The Proposers shall maintain, in the name of the District, an escrow account of $50,000 or the equivalent of a month's collection, whichever is greater. In lieu of an escrow account the successful Proposer may also post an irrevocable letter of credit for the same amount. The District reserves the right to approve or reject the letter of credit bank. INVOICE METHOD 2.2.10. The Proposer shall submit an electronic and hard copy invoice weekly for services rendered the previous week. Each invoice should indicate the total number and amount of payments received and the following information on an account basis: • Debtor name • Sewer Service Address • District Account number • Balance originally assigned • Original assignment date • Current balance • Debtor payment date • Debtor payment amount • Commission/fee rate • Balance due after payment Exclusion to payments • If the % does not match what % MDS has agreed to. • If a payment is received within the 5 days of being assigned to agency • The account(s) has been taken out of the law firm status • Payment was reported to previous invoice & paid • Law firm reports a payment that does not match MSD records and vendor not responsive in a timely manner • 90 days after said account has been removed from law firm 2.3 PAYMENT METHOD: 5 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services The Proposer will conduct weekly electronically transfers of payments received, to a District designated bank account. Such weekly transfers will be completed before 12:00 noon each Friday. Upon completion of the each transfer, Proposer will electronically transfer the detailed payment data underlying the bank transfer in a format specified in by the District. This data file shall include, at minimum, the following: • District Account Number • Debtor Name • Property Address • Payment Amount TECHNICAL REQUIREMENTS: The Proposer must have the ability to deliver all funds collected via electronic transfer (FTP) on a weekly basis per a format specified by the District. The Proposer must have the ability to receive the sending of new cases and the updates of existing cases, this may occur daily. 2. The Proposer must have the ability to accept daily transmissions. 3. The Proposer must have the ability to deliver to MSD all updated satisfactions and /or dismissal concerning MSD customers via electronic transfer (FTP) on a weekly basis per a format specified by the District. 4. The collections data transmission file will be formatted and forwarded via FTP. Purposed provider must establish a connection with the MSD Internet FTP server. 5. The purposed provider must establish a confirmation process to advise MSD of a successful delivery of all transaction. 6. If transmission is unsuccessful the proposed provider is to notify MSD within one (1) hour that transmission was incomplete. 7. An MSD technician or MSD job scheduler will initiate the transmission and notify the proposed provider via email. Additionally a numeration query will determine granular total of the transmission file, which will be sent to proposed provider. It is the responsibility of the proposed provider to verify granular total. 6 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services 8. It is the discretion of MSD to send multiple Collections data transmission files within the same day. Proposer should provide descriptions of the following: Controls in place to protect data entry, ensure that update, and payments files are not lost or duplicated, verify data syntax, data inception, data encryption, etc. 2. Disaster recovery procedures used in the event of a system failure. 3. Ability to provide District collection staff with access to Proposer computer systems (view only). 2.3 PHILOSOPHY & METHODOLOGY: The District's philosophy and methodology is driven by the legal system. 2.4 QUALITY ASSURANCE: 2.4.1. Transmission of data to District shall not be late by one (1) day, more than three (3) times per year. 2.4.2. Verified complaints by the District customers, regarding collection of accounts, shall not exceed ten (10) per year. 2.4.3. District representatives shall receive same day response from Proposer 95% of the time. If requirements cannot be met by, Proposer shall give detailed explanation. 2.4.4. Proposer shall submit documentation of all its current quality assurance procedures. The District is to be notified in writing of any planned changes in these procedures at least 30 days prior to their implementation. 2.4.5. All from letters proposed to be used by Proposer shall be reviewed and approved by the District prior to their use. 2.4.6 System downtime shall not exceed 1% per year. 2.5 PERFORMANCE REPORTING The Proposer is required to report to the District by the 5th business day of each month on it performance. The Proposer will be responsible for providing 5 hard copies of their performance reporting to the District for review. These specific standards will provide the 7 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services ability to evaluate volume, progress and outcome of the Proposer's performance. See Appendix D for examples of current reports received. Performance measures under consideration for the District's collection litigation operations include but are not limited to: 2.5.1. Collection Rate (monthly and annualized) 2.5.2. Monthly Portfolio Statement (see attachment) 2.6.2.1 Beginning Portfolio 2.6.2.2 New Placement 2.6.2.3 Closed Accounts 2.6.2.4 Ending Portfolio 2.5.3. Placement /recovery analysis by monthly batch (see attachment) 2.6.3.1 Summary 2.6.3.2 Monthly Performance Dollar 2.6.3.3 Performance Life to Date 2.5.4. Days to filing 2.5.5. Days to Docket 2.5.6. Days to Service of Process 2.5.7. Days for Continuance of Case 2.5.8. Percent of Judgments 2.5.8.1. Customer name, account number, judgment date 2.5.8.2. Dollar amount of judgment 2.5.8.3. Variance/Difference from Original Dollar Amount 2.5.9 Days to Filing Garnishment 2.5.10. Average Length of Assignment 2.5.11. Number of Payment Arrangements 2.5.12. Percentage Disposition: 2.5.12.1. Dismissed 2.5.12.2. Satisfied 2.5.12.3. Uncollectible 2.5.13. Number of complaints 8 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services The successful Proposer should be prepared to work with the District to provide the necessary data for monitoring progress against these measures on a scheduled basis. The cost to produce these electronic report files should be in Proposer's overall pricing structure. The Proposer will be expected to provide this information on an agreed upon schedule basis and discuss their contents with the appropriate District staff as needed. 2.6 CONFIDENTIALITY & SECURITY: The Proposer should give specific attention to the identification of those portions of their proposals deemed confidential, proprietary information or trade secret & provide justification as to why such materials, upon request should not be disclosed to the District. Under no circumstances is District customer information to be sold. 2.7 FEES & PRICING SCHEDULES: 2.7.1. The Proposer must provide a price for providing all collection litigation services. Proposed prices are to be reflected as a contingency fee. Failure to provide the fee structure in the requested manner may result in rejection of the proposal as non -responsive. Proposer must give pricing for all three years. If you cannot commit to a single price for all three years, the District will allow Bidder to provide escalation for the option years. Please state as such in bid. 2.7.2. The District will pay Proposer a percentage of the funds collected. Attorney fees (not to exceed the statutory limit) and actual court costs will be reimbursed. In response to this RFP, Proposer is requested to propose a valid contingency fee percentage Provide, if any, minimum volume requirements that affect the District's cost for service. 2.7.3. The Proposer must provide a rate for handling research or advice on general collection issues or for accounts that are not assigned to the proposer. Proposed prices are to be reflected as an hourly fee. Failure to provide the fee structure in the requested manner may result in rejection of the proposal as non -responsive. 2.8 PROPOSER INFORMATION: 2.8.1. Provide company history. 2.8.2. Is company publicly held? If so, provide the most recent annual report. If not, please provide the last three (3) years audited financials. 2.8.3. Provide a Firm resume and resumes of partners and associates who will provide legal services to the District. 9 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services 2.8.4. Provide the name(s) of the firm's managing partner(s), department head(s) and identify the primary attorney who will handle the District's legal matters. 2.8.5. State your firm's primary area of legal expertise? 2.8.6. Provide the number of years your firm has provided collection litigation services. 2.8.7. Briefly describe the other legal specializations offered by your firm. 2.8.8. What is your law firm's total number of employees by the following categories? a) partners b) associates c) paralegals d) support staff 2.8.9. How many clients does your law firm have and how many are governmental/public agencies? If applicable, please list the governmental/public agencies. 2.8.10. Provide the names of all minority males, non -minority women, and minority women employed by the law firm, and identify all such individuals by: a) position in the firm b) length of employment 2.8.11. Provide a copy of the law firm's Affirmative Action Plan. 3 SUBMISSION OF PROPOSAL: 3.1 TRANSMITTAL LETTER: All Proposers must submit a transmittal letter prepared on the Proposer's letterhead. The letter must be signed by an individual who is authorized to bind this Film to all statements, services, and prices contained in the proposal for both the primary contractor and any subcontractor. In addition, a letter from any sub -proposer to be used in the service should be included. This letter must be signed by an individual who is authorized to bind the Firm and should give a brief description of the work they are to perform. 3.2 FORMAT OF PROPOSAL: Proposals are to be kept within 30 pages with a minimum font size of 11 pt. Any proposal not structured in the manner described and not addressing all issues may be rejected as non -responsive. 10 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services 4 EVALUATION CRITERIA: Criteria Weighting Factor Criteria #1: Fee schedule and total cost. 25% Criteria #2: Experience and reliability of the Proposer organization and qualifications of the personnel proposed to perfoiiii the requirements of this RFP. 25% Criteria #3: The Proposer's written plan which demonstrates the method or manner in which the Proposer proposes to satisfy the requirements of the RFP. 20% Criteria #4: Financial strength of the Proposer. 20% Criteria #5: Level of M/WBE participation. 10% Failure of the Proposer to provide in his/her proposal any information requested in this RFP may result in disqualification of the proposal and shall be the responsibility of the proposing individual or firm. During the evaluation process, discussions may be conducted with Proposers who submit proposals determined to be reasonably susceptible of being selected for award. It will be the recommendation of the evaluation committee if discussions for clarification are needed. The objective of the evaluation committee will be to recommend the Proposers whose proposal is most responsive to the District's needs while within the available resources. The specifications within this RFP represent the minimum perfoiiiiance necessary for response. As part of the evaluation process, Proposers at the discretion of the District, may be asked to make oral presentations or to make their facilities available for a site inspection by the evaluation committee. Such presentations and/or site visits will be at the Proposer's expense. 11 THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL (RFP) 1416 Collection Litigation Services APPENDICES Accounts Receivable Division Organization Chart Appendix A Ordinance No. 13021 Section 6 & Section 19 Appendix B-1 Ordinance No. 13125 Section 12 & Section 24 Appendix B-2 Sample System Access View . Appendix C Sample Performance Reports Appendix D Payment File Layout Appendix E 12 Appendix A ance Departure Accounts Receiv able FY 2010/2011 Accounts Receivable Manager Manager of Billing Office Associate Accounts Receivable Supervisor Accounts Receivable O perations Sr. A ccount Associate A cco unt Associate A ccount Associa te Acco unt A ssociate Account Associate 34 Positions Account A ssociate Account Associate Account Associate Account Associate Collections Rep. Accounts R ec eivable Supervis or Customer Accounts Res earch Section Head Account Associate Collection Rep. A ccount Associate Account Associate Sr . Account Associate Account Associate Office Assistant Account Associat e Accounts Receivable Processing Section Head Account Associat e Account Ass ociate Account Associate Account Associate Account Associate Account Associate Account Associate Acc ount Associat e Acc ount Associate 11/22/2010 Appendix ORDINANCE NO.13021 AN ORDINANCE, repealing and superseding Ordinance No. 12905 adopted June 11, 2009, and enacting a new ordinance in lieu thereof establishing a new Section Six, Back Billing, pertaining to Wastewater User Charges. WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, a municipal corporation and a political subdivision of the State of Missouri (herein called the "District"), now owns and operates a revenue producing sewer and drainage system serving the District and its inhabitants (the "System") and pursuant to Section 3.020(1) of the Charter of the District adopted by the voters within the District for its government (the "Charter"), has the power "to maintain, operate, reconstruct, and improve the same as a comprehensive sewer and drainage system, and to make additions, betterments, and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and . . . [has] all the rights, privileges, and jurisdiction necessary or proper for carrying such powers into execution"; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended, 33 U.S.C. §§ 1251 et seq., commonly referred to as the Clean Water Act (the "'Federal Clean Water Act") and the Missouri Clean Water Law, §§ 644.006 et seq. R.S.MO. 1986, as amended (the "Missouri Clean Water Law") the objectives of which are to restore and maintain the chemical, physical, and biological integrity of the nation's waters; and WHEREAS, the District has obtained construction grants (the "Grants") from the Missouri Department of Natural Resources ("MDNR") and the Environmental Protection Agency ("EPA") for improvements to the System and has entered into grant agreements with such governmental agencies as a condition to obtaining such Grants (the "Grant Agreements"); and -1- WHEREAS, the federal regulations promulgated pursuant to the Federal Clean Water Act and the District's Grant Agreements require the District to "review not less often than every two years the wastewater contribution of users and user classes, the total cost of operation and maintenance of the treatment works, and its approved user charge system . . . and to revise the charges for users or user classes to accomplish the following: (1) Maintain the proportionate distribution of operation and maintenance costs among users and user classes as required herein; (2) generate sufficient revenue to pay the total operation and maintenance costs necessary to the proper operation and maintenance (including replacement) of the treatment works . . ."; and WHEREAS, Section 3.020 (16) of the Plan of the District authorizes the Board of Trustees "[t]o establish by ordinance a schedule or schedules of rates, rentals, and other charges, to be collected from all the real property served by the sewer facilities of the District, whether public or private, and to prescribe the manner in which and time at which such rates, rentals, and charges are to be paid, and to change such schedule or schedules from time to time as the Board may deem necessary, proper, or advisable, and to collect or enforce collection of all such charges. Such schedule or schedules may be based upon any classifications or sub -classifications which the Board may determine to be fair and reasonable . . . including but not limited to: (a) the consumption of water on premises connected with such facilities, taking into consideration commercial, industrial, and agricultural use of water; (b) the number and kind of plumbing fixtures connected with such facilities; (c) the number of persons served by such facilities; or (d) any combination of the factors enumerated. Any such rates, rentals, or other charges against public property shall be paid out of the general treasury of the public body, agency, corporation, or authority owning such property."; and WHEREAS, Section 7.040 of the Charter of the District established a Rate Commission to review and make recommendations to the Board of Trustees regarding all -2- proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing; and WHEREAS, the Rate Commission, after having conducted public hearings and weighing evidence regarding the proposed wastewater user rate change, issued its Wastewater Rate Change Amendment Report on April 1, 2008, which recommended the wastewater user rates as hereinafter adopted; and WHEREAS, through Resolution No. 2785, adopted May 23, 2008, the Board of Trustees accepted said Wastewater Rate Change Amendment Report as issued by the Rate Commission on April 1, 2008. WHEREAS, the Board of Trustees (the "Board") has determined that it is appropriate to revise the schedule of Wastewater User Charges as provided in this Ordinance to provide for the determination and billing of such user charges; and WHEREAS, the Board is concerned with the impact of the Wastewater User Charges as provided by this Ordinance on low income customers of the District and the Board has adopted a low income assistance program (the "Low Income Assistance Program") to provide a "low income assistance credit" on bills for Wastewater User Charges to "eligible low income customers" pursuant to Ordinance No.12686 of the District; and WHEREAS, the revenues to be derived from the Wastewater User Charges will be set aside in a separate fund and used for the purposes of operating, maintaining and replacing the Wastewater System in the District, as herein provided; and WHEREAS, the Wastewater User Charges bear a substantial relationship to and are designed to cover the costs of operating, maintaining and replacing the Wastewater System, as herein provided; and WHEREAS, the Board does hereby find and determine that the imposition of the -3- schedule of increased Wastewater User Charges as provided in this Ordinance, is necessary to enable the District to operate its Wastewater System on a sound basis, to satisfy the requirements of the Plan, the Federal Clean Water Act, and the Missouri Clean Water Law, and to comply with the mandates of the, the District's Grant Agreements, and the rules and regulations of the EPA. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and terms defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended: "Approved Meter" means a water meter meeting the standards of meters used by the City of St. Louis Water Division, the St. Louis County Water Company, or the public water supplier which provides water service to such Property, or a sewage flow meter satisfactory to the District. "Base Charge" means the sum of the System Availability Charge and the Billing and Collection Charges pursuant to Section Three of this Ordinance. "Billing and Collection Charges" means the charges established by the District pursuant to Section Three of this Ordinance, which are designed to recover the cost related to issuing and collecting bills. "Best Equated Period" means a 90 to 92 day period of water usage for Metered Residential Property between November and April of the preceding winter period when lawn watering and other outdoor water uses are at a minimum and metered water use can best be equated to Wastewater discharges; provided that if the water bill issued during such period -4- covers water usage for a period less than 90 days or more than 92 days the Best Equated Period shall mean a 91 day period and water usage shall be calculated based on average daily usage for the actual billing period. If water usage is less than 1 ccf for the aforesaid 90 to 92 day period, and water service remained active for said period, a minimum water usage of 1 ccf shall be imposed for said "Metered Residential Property". If water service is instituted after the aforesaid 90 to 92 day period, an average water usage of 8 ccf shall be imposed for said "Metered Residential Property" until such time as the actual "Best Equated Period" data can be established. "Biochemical Oxygen Demand" or "BOD" means the quantity of oxygen utilized in the biochemical oxidation of organic matter in 5 days as determined by Standard Test Procedures and expressed in milligrams per liter. "Board" means the Board of Trustees of the District. "Capital Charge" means that portion of the total charges for wastewater services provided by the District which is established for debt retirement, construction or reconstruction of the Wastewater System, and any other lawful purpose of the District or its sub districts and not considered part of the Wastewater User Charges, or the Storm Water User Charges. Chemical Oxygen Demand" or "COD" means the quantity of oxygen utilized in the chemical oxidation of organic and inorganic matter as determined by Standard Test Procedures and expressed in milligrams per liter. "Compliance Charge" means the charge established by the District pursuant to Section Three (A)(3) of this Ordinance which is designed to recover all District compliance activities for Non -Residential Properties required to comply with federal environmental regulations which are not recovered by specific environmental permit fees, Wastewater Monitoring Fees, or other related fees. "Contributed Wastewater Volume" means the quantity of water -borne wastes -5- emanating from Property and, specifically, (1) for Metered Single -Unit Residential Property, means billed water usage during the Best Equated Period; (2) for Metered Multi -Unit Residential/Non-Residential Property, means either (a) billed water usage throughout the year with exemption allowances for any water that does not enter the Wastewater System, or (b) measured Wastewater volume; and (3) for Unmetered Residential Property, means average indoor water usage characteristics of various housing attributes, as defined in the Rate Study, applied to the number of rooms and plumbing fixtures of each User's Property, as deteithined by the District. "District" means The Metropolitan St. Louis Sewer District. "Extra Strength Surcharges" means the Extra Strength Surcharges imposed by Section Three (A)(2) of this Ordinance. "Metered Non-Residential/Multi-Unit Residential Property" means Property used both for non-residential and residential purposes which consists of one or more non-residential units and one or more residential dwelling units connected to an approved meter. "Metered Property" means all Property connected to an Approved Meter through which the amount of water usage is measured. "Metered Residential Property" means Property used only for human residency which consists of one or more residential units connected to an approved meter. "Non-residential Property" means all Property other than Residential Property. "Normal Wastewater" means waters or wastes having (a) a 5 -day Biochemical Oxygen Demand (BOD) not greater than 300 milligrams per liter; and (b) containing not more than 300 milligrams per liter of Suspended Solids (SS); and (c) having a Chemical Oxygen Demand (COD) not greater than 600 milligrams per liter. "Ordinance" means this Ordinance of the District unless a different Ordinance is -6- indicated. "Owner" or "Owners" means the Person or Persons designated as the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, municipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Plan" means the Proposed Plan of the Metropolitan St. Louis Sewer District as approved by the voters of the City of St. Louis and St. Louis County at a special election held on February 9, 1954 and amended by said voters on November 7, 2000. "Pollutant" means any material or substance, toxic or otherwise, discharged to the Wastewater System which either singularly or in combination with other materials or substances interferes with, disrupts, or inhibits the Wastewater System's operations, or is not in compliance with specific prohibitions or standards developed by District, federal, state or local governments, or passes through the Wastewater System in a concentration which violates established effluent regulations or water quality standards. Property" means an improved lot or parcel of real property, whether public or private, which is served by the Wastewater System. "Rate Commission" means that body established pursuant to Section 7.040 of the Charter of the District to review and make recommendations to the Board of Trustees regarding all proposed changes in wastewater rates, storm water rates and tax rates or change in the structure of any of the foregoing. "Residential Property" means Property used only for human residency. "Room/Fixture Charges" means the charges established by the District pursuant to -7- Section Three of this Ordinance billed to each User Account based on the number of rooms and plumbing fixtures in such User's Property as deterrined by the District. "Served" or "Service" means Property with a sewer connected, either directly or indirectly, to the District's Wastewater System, or Property which otherwise discharges Wastewater directly or indirectly into the Wastewater System; or if the discharge of such substances there from ultimately enters the District's Wastewater System. "Sewer Use Ordinance" means Ordinance No. 12559 of the District, adopted October 7, 2008, as amended. "Standard Test Procedures" means "Guidelines Establishing Test Procedures for Analysis of Pollutants Under Clean Water Act" (40 CFR 136), as supplemented and amended from time to time. "Storm Water User Charges" means the charges established by District Ordinance No. 12560, adopted October 7, 2008, as amended. "Suspended Solids" or "SS" means solids that either float on the surface of, or are suspended in water, Wastewater, or other liquids; as determined by analysis for non -filterable residue, in accordance with Standard Test Procedures and expressed in milligrams per liter. "System Availability Charge" means the charge established by the District pursuant to Section Three of this Ordinance which is designed to recover a portion of the costs related to infiltration and inflow. "Unit" means the portion of Residential Property designed for occupancy by a single person or single family. "Unmetered Residential Property" means Residential Property which is not connected to an Approved Meter. "User" means: (1) the Person occupying the Property; or (2) Owner of Property; -8- or (3) the Person holding a permit for water service to the Property Served by the Wastewater System; or (4) any Person Served by the Wastewater System. "User Account" means each separate account to which a bill for Wastewater User Charges is issued by the District. "Volume Charge" means the Volume Charges established by the District pursuant to Section Three of this Ordinance billed to each User Account based on Contributed Wastewater Volume. "Wastewater" means the water -borne wastes emanating from Property, together with such groundwater, surface water, or storm water which enters the Wastewater System. "Wastewater Monitoring Fees" means the Schedule of Wastewater Monitoring Fees referred to in Section Four of this Ordinance and set forth in Appendix II. "Wastewater System" means the entire sewer and drainage system owned and operated by the District for the collection, transportation, storage, handling, and treatment of Wastewater, to serve the needs of the District and its inhabitants and others, including all appurtenances and facilities connected therewith or relating thereto, together with all extensions, improvements, additions and enlargements thereto hereafter made or acquired by the District. "Wastewater User Charges" means the applicable charges established by Section Three of this Ordinance, which consist of that portion of the charges of the District, which are established in a proportional and adequate manner to pay the cost of operation and maintenance (including replacement) of the Wastewater System in accordance with the requirements of the EPA and the MDNR. Section Two. Establishment of Wastewater User Charges. There are hereby ratified, confirmed and established for services provided by the District to any Property Served by the Wastewater System, the Wastewater User Charges as set forth in Appendix I. All such -9- Wastewater User Charges shall be in addition to any applicable Capital Charges. The District's Wastewater User Charges must comply with the following mandates (the "Environmental Mandates"): (i) to have an approved Wastewater User Charge as required by the Federal Clean Water Act, the Missouri Clean Water Law and its Grant Agreements, and (ii) to provide necessary funds to operate, maintain and replace its Wastewater System so as to provide adequate Service to District residents. The District finds that it is necessary and in the public interest to implement the schedule of Wastewater User Charges as herein provided in order to protect the public health, safety and welfare and to insure the District's continued compliance with the Environmental Mandates. Section Three. Wastewater User Charges. (A) Metered Property. (1) Each metered property shall be charged a Base Charge and a Volume Charge as set forth in Appendix I. The Volume Charge shall be calculated separately for each Property, using the most current determination of Contributed Wastewater Volume. (2) Extra Strength Surcharges. Extra Strength Surcharges for the treatment of wastes containing Suspended Solids, Biochemical Oxygen Demand or Chemical Oxygen Demand exceeding Normal Wastewater strengths are hereby established and shall be billed to and collected from Non-residential Property Served by the Wastewater System at the rates for each User Account set forth in Appendix I, and shall be collected in addition to the charges imposed by Subsections (1) and (3) hereof. (a) A User shall be subject to Extra Strength Surcharges in any month if that User's water usage in such month equals or exceeds eight thousand cubic feet. (b) Each User subject to Extra Strength Surcharges shall submit to the District on forms supplied by the District pursuant to the Sewer Use Ordinance, a certified - 10 - statement setting forth the strength and volume of Wastewater discharged by the User into the Wastewater System or into any sewer connected thereto. The data set forth in such statement shall be obtained from samples collected in accordance with accepted procedures from the manhole or adequate place as described in the Sewer Use Ordinance at a time period representative of normal operational conditions and analyzed utilizing Standard Test Procedures. (c) Analytical data reported by the User discharging such Wastewater will be considered current for each subsequent billing period until such data is reported inaccurate and replaced by updated certified data by said User. The results of routine scheduled sampling and analyses by the District may be used in lieu of data reported by said User if such data is found to be not current or in error. (d) An Extra Strength Surcharge shall be collected from any User subject to Extra Strength Surcharges as provided for herein for the discharge into the Wastewater System of Suspended Solids (SS) which average concentration exceeds 300 milligrams per liter or Biochemical Oxygen Demand (BOD) which average concentration exceeds 300 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: 0.00624 x V x [(SS -300) x RSS + (BOD-300) x RBOD] ESS = 2000 (e) If the BOD/COD ratio of a User's Wastewater is equal to or less than 0.35 the BOD measurement may not be considered representative of the User's actual Wastewater strength. The District may substitute Chemical Oxygen Demand (COD) which average concentration exceeds 600 milligrams per liter, with said Extra Strength Surcharge ("ESS") calculated for each billing period according to the following formula, to wit: - 11 - 0.00624 x V x [(SS -300) x RSS + (COD -600) x RCOD] ESS = 2000 In the above formulas the following terms shall mean: ESS = Extra Strength Surcharges. 300 = Maximum concentration of total BOD in Normal Wastewater in milligrams per liter. 300 = Maximum concentration of total Suspended Solids in Normal Wastewater in milligrams per liter. 600 = Maximum concentration of total COD in Normal Wastewater in milligrams per liter. 0.00624 = Conversion factor for milligrams per liter to pounds per hundred cubic feet. V = Volume of water usage or Wastewater discharged expressed in hundred cubic feet. RSS = Rate for SS in dollars per ton. RBOD = Rate for BOD in dollars per ton. RCOD = Rate for COD in dollars per ton. 2,000 = The number of pounds per ton. (f) All Extra Strength Surcharges shall be calculated separately for each Property using the Wastewater flow proportioned average strength concentration for each strength parameter and the most current determination of Contributed Wastewater Volume. (3) Non-residential Property Compliance Charge. A Compliance Charge shall be collected from all Non-residential Property Served by the Wastewater System at the rate for each User Account as set forth in Appendix I and shall be collected in addition to the charges imposed by Subsections (1) and (2) hereof. (4) Registration of Unmetered Water Supply. In the event Property is supplied either in whole or in part with water from wells or any source other than a public water supplier, then such wells or other source of supply shall be registered with the Director of Finance of the District. If such supply serves Metered Property and is not measured by a water meter, or is measured by a water meter not acceptable to the District, then in such case, the User, at his own expense shall install and maintain an Approved Meter connected to such water supply. Whenever a new supplier or source of water other than a public water supplier shall be put into - 12 - use by Metered Property, such source of water shall be registered with the Director of Finance of the District within thirty days. (5) Metered Water Not Entering the Wastewater System. Where it can be shown to the satisfaction of the District that a portion of the water as measured by an Approved Meter does not enter the Wastewater System, then the District is hereby authorized to determine, in such manner and by such method as may be practicable, the percentage of the water measured by the Approved Meter which enters the Wastewater System. In such case, Wastewater User Charges shall be based upon the percentage of the metered water entering the Wastewater System. Additional Approved Meters may be required or permitted at the User's expense in such manner as to measure the quantity of Contributed Wastewater Volume entering the Wastewater System from the Property of such User. Applications requesting consideration for a reduction in the Wastewater Service Charge, because of water not entering the Wastewater System, shall be made to the Director of Finance of the District, on forms provided by the District. (6) Requirement of an Approved Meter for Non -Residential Property. All Non -Residential Property within the District shall be connected to an Approved Meter. In the event Property within the District is owned by a municipality and is served by water provided by such municipality and not connected to an Approved Meter, the District shall provide a method for estimating Wastewater discharge by such Property which is fair and equitable, in lieu of connection to an Approved Meter, and shall bill such municipality for Wastewater User Charges as provided for Metered Property pursuant to this Ordinance based on such estimated Wastewater usage. (B) Unmetered Residential Property. (1) Each unmetered residential property shall be charged a Base - 13 - Charge and a Room/Fixture Charge as set forth in Appendix I. Such charges shall be calculated separately for each Property using the most current available data regarding the number of rooms and plumbing fixtures in such Property. The Director of Finance shall determine the number of rooms and plumbing fixtures in such Property from the records of the City of St. Louis Water Division or other public water suppliers, from the records of the Office of Assessor of the City of St. Louis or St. Louis County, or from on site inspection. A User of Unmetered Residential Property who considers the determination by the District of the number of rooms and plumbing fixtures for which such User is billed Wastewater User Charges to be inaccurate or erroneous may appeal such determination as herein provided. (2) Right of Entry and Inspection. The District shall have the power to enter on any Property for the purposes of examining the use made of its Wastewater System, the number of rooms and plumbing fixtures in such Property, the number and kind of plumbing fixtures connected with such Wastewater System, and for the purpose of inspecting or reading the Approved Meter connected to such Property. When such examination gives reason to believe that the usage of water on such Property places a burden on the Wastewater System in excess of that for which the User of such Property is being billed then the Wastewater discharged from such Property shall be measured, at the expense of the User, by a water meter or meters or by .a Wastewater flow meter or meters. If such measurement shows that the flow of Wastewater is excessive, Wastewater User Charges shall be billed and collected for such measured usage as for Metered Property. (C) Application of Wastewater User Charge Revenues. All revenues collected from Wastewater User Charges shall be segregated, credited and deposited in a Wastewater Revenue Fund to be established and maintained by the Director of Finance of the District, and shall be used solely to pay for the costs of the operation (including billing, administration and -14- overhead), repair, maintenance, improvement, renewal, replacement and reconstruction of the District's Wastewater System. Section Four. Wastewater Monitoring Fees. When the Sewer Use Ordinance of the District or regulations of the federal government or state government require periodic monitoring of Wastewater from Non-residential Property, whether for strength calculations, for National Pollutant Discharge Elimination System compliance, or for pretreatment program requirements, the User of such Property monitored shall furnish the District at least one report for each quarterly calendar period from an independent testing laboratory satisfactory to the District, which report shall set forth the information required by the District on forms supplied by the District. As an alternative to furnishing the reports herein required, the User of such Property may request the District to collect the necessary samples and perform the analysis thereof. If the District agrees to so act, the User of such Property shall be billed for and agree to pay all costs for personnel, material and equipment used to collect and analyze samples from the User's Wastewater as set forth in the schedule of charges in Appendix II hereof. Each User shall be billed based on the number of samples collected and the number and types of analyses performed during each billing period and billed in accordance with current billing procedures. A User shall not be billed for more than four (4) such samplings per year for each connection to the Wastewater System. Sampling and analysis undertaken for purposes other than required periodic monitoring shall not be billed for Wastewater Monitoring Fees under this section. The District may terminate such collection and analysis at any time and it shall thereafter be the obligation of the User of such Property to furnish the test information called for above from an independent testing laboratory. Section Five. Pollutants. Any User which discharges any Pollutants which cause an increase in the cost of managing the effluent or sludge from the Wastewater System shall pay - 15 - for such increased costs. Section Six. All bills for Wastewater User Charges shall be prepared by the District and shall be issued monthly for services provided in the preceding month. The issuance of any monthly bill may be delayed by the District for good cause. On or after May 1, 2004, the Wastewater User Charges shall be billed to the Owner or Owners of the property served by the Wastewater System. Such Wastewater User Charges shall also constitute a personal obligation of any User of the Wastewater System regardless of to whom the bill for Wastewater User Charges is sent and shall constitute a charge and a lien against the Property Served, whether or not a notice of lien has been served. For the District's convenience, all individual Wastewater User Charges may be combined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property or termination of Service to Property during a billing period, application may be made to the Director of Finance of the District for a refund or proration of Wastewater User Charges for such billing period." The Owner of Metered Residential Property containing more than one unit shall have the option of being charged on the basis of Best Equated Period. The Owner may obtain an application for such change from the Director of Finance. Upon receipt of an Application of Change in billing basis for said Property the change in billing will take effect not sooner than sixty (60) days from receipt of the application. Once an Owner of Metered Residential Property containing more than one (1) unit has elected to be charged on the basis of Best Equated Period, that Owner shall not be permitted to again change. In the event wastewater service is being provided to any parcel of real property and said parcel is being under -billed or not being billed at all, the District shall have the authority - 16 - to charge the owner of said parcel retroactively for a period not to exceed one and one-half (1'/2) years from the date of discovery. In the event said parcel is being over -billed by the District, and the current owner of said parcel can verify such over -billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. The Metropolitan St. Louis Sewer District will not collect Wastewater User Charges from the owner of real property when it is known that said real property is connected to a septic tank. Upon notification from the property owner that certain real property which is connected to a septic tank is being billed by the District for Wastewater User Charges, upon verification, the District will refund to the owner any and all of said Wastewater User Charges so collected from said owner. Section Seven. Charge for Late Payments. On or after July 1, 2009, any Wastewater User charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three -fourths of one percent (0.75%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof that the bill remains unpaid beyond the due date. Section Eight. Wastewater User Charges Constitute a Lien. The Wastewater User Charges shall constitute a lien upon the Property Served on the date a bill is rendered for Wastewater Service, and said lien shall have the same priority as taxes levied for state and county purposes. The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, depending upon where such Property Served is located. Such notice of lien shall state the amount of the delinquent Wastewater User Charges, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the - 17 - Owner of the Property at the last address on file with the District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All Wastewater User Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or the maximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is closed. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Nine. Termination of Service for Nonpayment. When any Wastewater User Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Wastewater User Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Wastewater User Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Storm Water System; or may refuse to review any plans submitted by or on behalf of such Owner and/or User; or issue any permits requested by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Storm Water from any such Owner and/or User. Section Ten. Remedies. Whenever any charge is unpaid after ninety days from the date the bill for such charges was rendered, then the amount overdue may be collected by any - 18 - or all of the three procedures: (A) by assignment to a collection agency; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing and enforcement of such lien and the prosecution and collection of such charges including court costs, fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court. Section Eleven. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would reduce any charge imposed by the District. Section Twelve. Violation of Ordinance. Any Person violating Section Eleven of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00. The imposition of such penalty shall in no way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Charges. Section Thirteen. Wastewater User Charge Review. The Board shall regularly review the Wastewater User needs of the District and Wastewater User Charges, usually as a part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Wastewater User Charges. (A) Maintain the proportional distribution of operation, maintenance and -19 replacement costs among User classes. (B) Provide adequate revenues to cover operation, maintenance and replacement costs. (C) Provide adequate revenues for the payment of debt service on or required by the provisions of any outstanding bonds. Section Fourteen. Notice of Rates. Each User Account shall be notified at least annually in conjunction with a regular billing for Wastewater User Charges as to: (A) the rate schedule in effect; and (B) that part of Wastewater User Charges attributable to wastewater services. Section Fifteen. Deposit of Funds. The funds received from the collection of any of the aforesaid charges shall be deposited daily as received by the Secretary -Treasurer of the District, and shall be deposited in duly designated bank accounts, and such moneys may be appropriated and used for the purposes of the District as herein provided. Section Sixteen. Collection Offices. Collection offices may be established at convenient locations throughout the District. The Director of Finance is hereby authorized to enter into contracts with the owners or operators of business establishments to provide collection services at such locations as are selected and may provide in such contracts for the payment by the District of a fee to the collecting establishment for rendering such collection services. Section Seventeen. Appeals. Any Person who considers the Wastewater User Charges billed to such Person pursuant to the provisions of this Ordinance or any other determination by the District pursuant to the provisions of the Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate within thirty (30) days of (i) the bill to such Person for Wastewater User Charges with respect to such Property, or (ii) written notice to such Person of a determination by the District which is - 20 - contested. The determination by the Director of Finance may be appealed by such Person to the Executive Director, by written notice of appeal filed with the Director of Finance within thirty (30) days of his determination. The determination by the Executive Director shall be considered a final order of the District. Section Eighteen. Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision or pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Nineteen. Adjustment Review Committee. A committee, to be known as the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum, once a month to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary -Treasurer, and General Counsel. Non -voting members are the Accounts Receivable Manager and Audit Administrator. For purposes of Section Nineteen of this Ordinance the following terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended. Adjustment - any change in billing resulting from errors and/or changes in circumstances. Write-off - an uncollectible amount due the District according to State or Federal Statute or as determined by majority approval of the ARC. Settlement - agreement between the customer and the District to alleviate all or part of a delinquent condition. On a monthly basis, the ARC shall review and properly record in the minutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager. These billing adjustments may result from but are not limited to; misapplied payment, ccf adjustment, reduction factor, water -off, transfer of balance due to bankruptcy notice, new occupant/water meter registrant, bank encoding error, or water back-up. -21- All write-offs or settlements of accounts shall require a majority of the ARC voting members to meet and discuss before approval. No write-off or settlement in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlement greater than Twenty-five Thousand Dollars ($25,000.00) shall require Finance Committee approval or ratification. The suspension of these rules may occur when a time constraint exists and a decision must be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorded in the minutes. ARC activity will be reported to the Board's Finance Committee on a monthly basis. The committee shall perform any other such duties relating to billing and collection policies. Such duties shall be reported to the Executive Director and Board of Trustees. Section Twenty. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. - 22 - Section Twenty -One. Prior Ordinances. The provisions contained in this Ordinance shall repeal and supersede Ordinance No. 12754, adopted October 7, 2008, and shall take the place of and supersede the provisions of all prior ordinances relating to the same subject matter, which are herewith inconsistent. This Ordinance shall not be so construed as to relieve any Person from the payment of any charge which is due and payable under the provisions of any prior ordinance, nor to bar the collection of same by any and all of the means provided for in said prior ordinance. This Ordinance shall not be so construed as to relieve any Person from any penalty heretofore incurred by the violation of any prior ordinance nor to bar the prosecution of any such violation in the manner provided therein. The foregoing Ordinance was adopted January 14, 2010. - 23 - APPENDIX I WASTEWATER USER CHARGES METERED PROPERTY (per Month/per User Account) Base Charge Volume Charge All Volume UNMETERED RESIDENTIAL PROPERTY (per Month/per User Account) Base Charge Room/Fixture Charge: Room (each room) Water Closet (each fixture) Bath (each fixture) Separate Shower (each fixture) NON-RESIDENTIAL PROPERTY (per Month/per User Account) Extra Strength Surcharges if water usage equals or exceeds 8000 cubic feet per month: July 1, 2009 July 1, 2010 July 1, 2011 Charge Charge Charge $10.90 $1.92/100 Cubic Feet $10.90 $1.25 $4.69 $3.91 $3.91 $11.40 $2.02/100 Cubic Feet $11.85 $2.11/100 Cubic Feet $11.40 $11.85 $1.32 $4.93 $4.11 $4.11 $1.38 $5.15 $4.30 $4.30 Suspended Solids (SS) * $218.90 $222.62 $231.35 Over 300 mg/liter (Milligrams per liter) Biochemical Oxygen Demand (BOD) * $551.52 $596.72 $620.14 Over 300mg/liter (milligrams per liter) Chemical oxygen Demand (COD)* $275.76 $298.36 $310.07 Over 600 mg/liter (milligrams per liter) Base Charge $10.90 $11.40 $11.85 Compliance Charge $29.65 $30.85 $31.95 Per Ton -1- Appendix ORDINANCE NO. 13125 AN ORDINANCE suspending Ordinance No. 13022, adopted January 14, 2010, and enacting a new ordinance in lieu thereof to reinstitute the schedule of monthly Stormwater Service Charge as approved by the voters on March 8, 1988, with an emergency clause. WHEREAS, Ordinance No. 12560 adopted December 13, 2007, previously established a new schedule of stormwater user charges and repealed and superseded Ordinance No. 9183, adopted January 12, 1994, Ordinance No. 9030, adopted June 16, 1993, and Ordinance No. 8657, adopted May 3, 1992; and WHEREAS, Ordinance No. 12789 adopted December 11, 2008, repealed and superseded Ordinance No. 12560 adopted December 13, 2007; Ordinance No. 12906 adopted June 11, 2009 repealed and superseded Ordinance No. 12789 adopted December 11, 2008; and Ordinance No. 13022 adopted January 14, 2010 repealed and superseded Ordinance No. 12906 adopted June 11, 2009; and WHEREAS, Zweig, et al vs. MSD, Cause No. 08SL-CC3051, was initially filed on July 18, 2008, concerning the MSD stormwater user charge as adopted in MSD Ordinance No. 12560; and WHEREAS, on July 9, 2010, the court handed down Findings of Fact, Conclusions of Law, Judgment and Decree in the first phase of the bifurcated trial of Zweig, et al vs. MSD, Cause No. 08SL-CC03051; and WHEREAS, in light of the court's decision and until final resolution of the case, the District hereby suspends Ordinance No. 13022 and enacts a new Ordinance to reinstitute the schedule of monthly Stormwater Service Charge as approved by the voters on March 8, 1988, and; WHEREAS, by Ordinance No. 7450, adopted May 11, 1988, the District established the Stormwater Service Charges approved by the voters on March 8, 1988; and WHEREAS, The Metropolitan St. Louis Sewer District, a body corporate, Municipal Corporation and political subdivision of the State of Missouri (herein called the "District"), was established as a metropolitan sewer district under the provisions of Section 30 of Article VI of the Constitution of the State of Missouri, pursuant to a Plan adopted by the voters of St. Louis City and St. Louis County at a special election held on Tuesday, February 9, 1954 (the "Plan"); and WHEREAS, the Plan established the District in the interest of the public health and for the purpose of providing adequate sewer and drainage facilities within the boundaries of the District; and WHEREAS, the Plan empowers the District with jurisdiction, control, possession and supervision of sewer and drainage systems and facilities as may be placed under the District's jurisdiction in the manner provided in the Plan; to maintain, operate, reconstruct and improve the same as a comprehensive sewer and drainage system; to make additions, betterments and extensions thereto; to protect the public health and welfare by preventing or abating the pollution of water; and to have all the rights, privileges and jurisdiction necessary or proper for carrying such powers into execution; and WHEREAS, the stormwater system within the District consists of man made facilities and structures and natural water courses used for collecting and conducting stormwater to, through and from drainage areas to the points of final outlet including, but not limited to, sewers, pipes, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, flood walls, levies, and pumping stations (the "Stormwater System"); and WHEREAS, by Resolution No. 65 adopted by the Board of Trustees of the District on May 21, 1956, the District accepted the maintenance and operation of the portion of the Stormwater System theretofore operated and maintained by the municipalities, sewer districts and other public agencies within the boundaries of the District established under the original Plan (the "Original Area"); and WHEREAS, a special election was held on May 10, 1977 pursuant to which additional areas were annexed to the District (the "Annexed Area"); and WHEREAS, by Resolution No. 1494 adopted by the Board of Trustees of the District on April 27, 1977, the District established a policy regarding the Stormwater System in the Annexed Area which provided that the District would not assume immediate control of the Stormwater System in the Annexed Area, but would provide planning services and work with local municipal authorities and other organizations and groups to coordinate stormwater and drainage programs where such services were requested; and WHEREAS, by Ordinance No. 7691 adopted by the Board of Trustees of the District on February 22, 1989, the District established a policy effective April 1, 1989, to regulate the construction, alteration and reconstruction of all stormwater and drainage facilities within the District and undertake the operation and maintenance of those portions of the Stormwater System accepted for dedication by the District within the boundaries of the entire District to the extent of available funds for such purposes; and WHEREAS, the District's Plan authorizes the Board to establish by ordinance charges to be collected from all the real property served by the sewer facilities of the District, whether public or private, such charges to be based upon any classifications or sub- classifications which the Board may determine to be fair and reasonable, and to prescribe the manner in which and time at which such charges are to be paid; and WHEREAS, the District is subject to the provisions of the federal Water Pollution Control Act, as amended (commonly referred to as the Federal Clean Water Act), 33 U.S.C. § 1251, et seq. (the "Federal Clean Water Act"), and the regulations promulgated there under; and WHEREAS, there are continuing and growing threats to the public health, safety and welfare of the District and its residents created by stormwater, including flooding, erosion, water pollution, creation of pest breeding areas, traffic hazards caused by flooding, etc.; and WHEREAS, in connection with the suspension of the Stormwater User Charge and with the re-establishment of the Stormwater Service Charges as herein provided, the District will reinstitute the collection of ad valorem property taxes to be used for the purpose of providing service to the Stormwater System; and WHEREAS, the Board does hereby find and determine that the adoption of this Ordinance is in the public interest of the District and its residents, will further the public purposes of the District, and is desirable and necessary in furtherance of the public health, safety and welfare of the District and its residents. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF TRUSTEES OF THE METROPOLITAN ST. LOUIS SEWER DISTRICT: Section One. Definitions of Words and Terms. In addition to words and terms defined elsewhere in this Ordinance, the following words and terms as used in this Ordinance shall have the following meanings, unless some other meaning is plainly intended. "Area" means the square footage measurement of Property. "Board" means the Board of Trustees of the District. "Dedicated Stormwater Facilities" means those portions of the Stormwater System which have been accepted for dedication by the District as provided in Section Three of this Ordinance. "District" means The Metropolitan St. Louis Sewer District. "Owner or Owners" means both the owner or owners of record of Property as set forth in the records of the office of the respective Recorders of Deeds for the City of St. Louis or for St. Louis County, Missouri. "Person" means any individual, firm, proprietorship, partnership, company, municipality, state, federal or local governmental entity, association, society, corporation, group, or other entity. "Property" means a lot or parcel of real estate, whether public or private, which is served by the Stormwater System. "Stormwater" means any water or drainage resulting from precipitation which may or may not be mixed with an accumulation of dirt, soil, and other debris or substances collected from the surfaces on which such precipitation falls or flows. "Stormwater Design Standards" means the most current published edition of "Rules and Regulations and Engineering Design Requirements for Sanitary Sewerage and Stormwater Drainage Facilities" and "Standard Construction Specifications for Sewers and Drainage Facilities" as ratified and approved from time to time by the Board. "Stormwater Facility" or "Stormwater Facilities" means various drainage works that may include sewers, pipes, inlets, conduits, manholes, energy dissipation structures, channels, outlets, retention/detention basins, and other structural components. "Stormwater Service" means the planning and regulating of the Stormwater System and all activities described in Appendix L "Stormwater System" means all man-made facilities, structures, and natural Watercourses used for collecting and conducting Stormwater to, through, and from drainage areas to the points of final outlet including, but not limited to, any and all of the following: sewers, pipes, inlets, conduits and appurtenant features, canals, creeks, channels, catch basins, ditches, streams, rivers, gulches, gullies, flumes, culverts, siphons, retention or detention basins, dams, floodwalls, levees, and pumping stations. "Stormwater Service Charges" means the charges imposed by the District pursuant to this Ordinance. "User" means the occupant or Owner of Property, or any Person served by the Stormwater System. Section Two. Establishment of the Stormwater Service Charges. The Stormwater Service Charges to be imposed on all Property served by the Stormwater System were approved by the voters on March 8, 1988. Section Three. Dedication of Stormwater Facilities. The District will accept for dedication all existing or newly constructed Stormwater Facilities as provided by this Section. The Executive Director shall accept the dedication of an existing Stormwater Facility to the District's Stormwater System, provided that the District's final inspection report made prior to the acceptance of dedication confirms that such facility is located in public rights -of -way or easements granted to and accepted by the District and which is not encroached upon, is intended for public use, and meets the District's current policy on Stormwater maintenance as provided in Section Four of this Ordinance. Upon completion of construction of new Stormwater Facilities for which plans are received, reviewed and approved by the District after April 1, 1989, the Stormwater Facilities shall be dedicated to the District and the Executive Director shall accept the dedication of such Stormwater Facilities to the District's Stormwater System, provided that the facilities have been constructed in accordance with the approved plans, the District's final inspection reports made prior to the acceptance of dedication confirm that the facilities meet the Stormwater Design Standards, and the facilities meet the District's current policy on Stormwater maintenance as provided in Section Four of this Ordinance. Section Four. Maintenance of Dedicated Stormwater Facilities. The District shall maintain all Dedicated Stormwater Facilities pursuant to policies established from time to time by resolution of the Board to prioritize the use of monies from the Stormwater Service Charges and other available funds to meet the greatest needs in furtherance of the public health, safety and welfare and in compliance with the Federal Clean Water Act. To the extent of available funds the District shall establish a program of maintenance of Dedicated Stormwater Facilities in accordance with the District's then current Stormwater Maintenance Policy. The Board hereby adopts the Stormwater Maintenance Policy attached hereto as Appendix I. Section Five. Private Stormwater Facilities. The Owner shall be responsible for Stormwater Facilities located on private property where runoff will principally be collected within that property and for all other Stormwater Facilities not maintained by the District per Appendix I. The Owner shall clean and maintain the facility or channel as required to ensure proper operation as required by law or regulation. Where Dedicated Stormwater Facilities are in easements, the Owner of the Property is responsible for maintenance of such easements including lawn mowing, litter pick-up, pest control, removal of blockages and encroachments, etc. The Owner shall place no structures or plantings that interfere with the Stormwater Facility or its operation and maintenance. Section Six. Rules and Regulations. In order to accomplish the purpose of this Ordinance to protect the Stormwater System within the District, to secure the best results from the construction, operation, and maintenance thereof, and to prevent damage and misuse of any of the Drainage Facilities, improvements, or properties within the District, the Executive Director may make and enforce rules and regulations that are necessary and reasonable: (A) To prescribe the manner in which storm sewers, ditches, channels, and other Stormwater Facilities are to be designed, installed, adjusted, used, altered, maintained, replaced, or otherwise changed. (B) To prescribe the manner in which Stormwater Facilities are operated. (C) To facilitate the enforcement of this Ordinance. (D) To protect the Stormwater System, and to prescribe the manner of its use by any public or private person, firm, or corporation. (E) To protect the public health, safety, and welfare. Section Seven. Permits and Plan Review. All plans and designs for all Stormwater Facilities within the boundaries of the District shall be submitted for approval, revision or rejection by the District pursuant to the Plan, applicable Ordinances and the District Stormwater Design Standards. Except as preempted or otherwise delegated by EPA or MDNR, the District shall provide all stormwater plan and design review, permit control and construction inspection. Section Eight. Stormwater Service Charge Policy. Stormwater Service Charges will be imposed on all Property served by the Stormwater System within the District, whether public or private. Section Nine. Stormwater Service Charges. Beginning with the Effective Date of this Ordinance, the District shall impose the Stormwater Service Charges as shown in Appendix II. Section Ten. Billing. All bills for Stormwater Service Charges shall be prepared by the District and shall be issued monthly for services provided in the preceding month. The issuance of any monthly bill may be delayed by the District for good cause. The Stormwater Service Charges shall be billed to the Owner of the Property or to the Person billed by the District for Stormwater Service Charges for such Property. Such Stormwater Service Charges shall also constitute a personal obligation of both the Owner and any User of the Property regardless of to whom the bill for Stormwater Service Charges is sent and shall constitute a charge and a lien against the Property served. For the District's convenience, all Stormwater Service Charges may be combined with any other charges of the District, and all such charges may be billed together. In the event of a change in Owner or User of Property during a billing period, application may be made to the Director of Finance of the District for a refund or prorating of Stormwater Service Charges for such billing period. In the event stormwater services are being provided to any parcel of real property and said parcel is being under -billed or is not being billed at all, the District shall have the authority to charge the owner of said parcel retroactively for a period not to exceed one and one-half (1'/z) years from the date of discovery. In the event said parcel is being over -billed by the District, and the current owner of said parcel can verify such over -billing, then the District shall refund the current owner of the parcel any amount verified to be overpaid by said owner. Section Eleven. Charge for Late Payments. On or after July 1, 2009, any Stormwater Service Charges billed that are not paid by the due date indicated on any bill rendered shall bear a late payment charge equal to three -fourths of one percent (0.75%) per month, or nine percent (9%) per annum, of the amount of the bill rendered and is herby imposed for each month or portion thereof that the bill remains unpaid beyond the due date. Section Twelve. Stormwater Service Charges Constitute a Lien. The Stormwater Service Charges shall constitute a lien upon the Property served on the date a bill is rendered for Stormwater Service, and said lien shall have the same priority as taxes levied for state and county purposes. The District may cause a notice of lien for non-payment of such charges to be filed in the Office of the Recorder of Deeds within and for the City of St. Louis or St. Louis County, depending upon where such Property served is located. Such notice of lien shall state the amount of the delinquent Stormwater Service Charges, and shall adequately describe the Property against which such lien is asserted. A copy of such notice of lien shall be mailed to the Owner of the Property at the last address on file with the District and the filing of such notice in the Office of the Recorder of Deeds may be deferred as a matter of grace for not more than thirty (30) days from the mailing date. All Stormwater Service Charges that remain unpaid shall bear interest at a rate not to exceed the lower of nine percent (9%) per annum or ,the maximum legal rate from the time a notice of lien is filed with the appropriate recorder of deeds as herein prescribed, until such time as the account is closed. After such notice of lien is filed of record, the fees of the Recorder for filing and releasing said lien shall also be payable to the District as a prerequisite to releasing said lien. Section Thirteen. Termination of Service for Nonpayment. When any Stormwater Service Charge has not been paid and has been delinquent for a period in excess of three months, the District is authorized to order the water supply to be shut off for the Property for which the Stormwater Service Charge is delinquent or to remove or close any sewer connections, or both, until payment of the delinquent charge together with the reasonable costs involved in shutting off and turning on the water, or closing and reopening the sewer connection, as the case may be, have been paid. When any Stormwater Service Charge has not been paid and has been delinquent for more than fifteen days after the due date, then the District may refuse to issue to the Owner and/or User a permit to connect any other Property owned or controlled by said Owner and/or User to the Wastewater System or Stormwater System; or may refuse to review any plans submitted by or on behalf of such Owner and/or User; or issue any permits requested by or on behalf of such Owner and/or User; or refuse to act on any easement vacation request by or on behalf of such Owner and/or User; or refuse to contract for any purpose with or accept Wastewater or Stormwater from any such Owner and/or User. Section Fourteen. Remedies. Whenever any charge is unpaid after ninety days from the date the bill for such charges was rendered, then the amount overdue may be collected by any or all of three procedures: (A) by assignment to a collection agency; or (B) by suit or other proceedings in any court of competent jurisdiction; or (C) by enforcement of the lien provided herein. The District shall have the power to sue any Owner and/or User, jointly and severally, in a civil action to recover delinquent charges plus the late payment charge and interest on the delinquent bill, plus all costs incurred by the District in connection with the filing and enforcement of such lien and the prosecution and collection of such charges including court costs, fees for transcript judgments, special process servers, credit reports, video reports, sewer and/or water shutoff costs, other related fees, and reasonable attorney's fees to be fixed by the court. Section Fifteen. False Information. It shall be unlawful for any Person to furnish any false report or information to the District which would tend to reduce Stormwater Service Charges imposed by the District. Section Sixteen. Violation of Ordinance. Any Person violating any of the provisions of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be punished by a fine of not less than $50.00 nor more than $500.00, and each day's violation shall constitute a separate offense. The imposition of such penalty shall in no way restrict or deprive the District of its right to pursue any other remedy it may have for the collection of any delinquent bill for Stormwater Service Charges. Section Seventeen. Stormwater Service Charge Review. The Board shall regularly review the Stormwater Service needs of the District and Stormwater Service Charges, usually as part of a Rate Proposal from the Rate Commission, to assure the appropriateness of the Stormwater Service Charges. Section Eighteen. Notice of Rates. All Owners of Property served by the Stormwater System shall be notified at the time of a rate increase as to the rate schedule in effect. Section Nineteen. Application of Revenues. All revenues billed and collected from Stormwater Service Charges shall be segregated, credited and deposited into a Stormwater Revenue Fund established and maintained by the Director of Finance of the District, and shall be used solely to pay for the costs of providing Stormwater Service. Section Twenty. Appeals. Any Person who considers the Stormwater Service Charges billed to such Person pursuant to the provisions of this Ordinance to be illegal, inaccurate or erroneous may request a review thereof by the Director of Finance or his designate. The results of any appeal shall be applied starting on the date of receipt of the appeal by the District. The determination of the Director may be appealed by such Person to the Executive Director, by written notice of appeal filed with the Director of Finance within thirty (30) days of his determination. The determination by the Executive Director shall be considered a final order of the District. Section Twenty -One. Judicial Review. Any Person or Persons jointly or severally aggrieved by any final order of the Executive Director of the District may seek judicial review of such decision pursuant to the procedures set forth in Section 12.110 of the District's Plan. Section Twenty -Two. Adjustment Review Committee. A committee, to be known as the Adjustment Review Committee (ARC), is hereby established and shall meet, at minimum, once a month to conduct its business. The ARC shall be comprised of the voting members which are the District's Director of Finance, Assistant Director of Finance, the Secretary -Treasurer, and General Counsel. Non -voting members are the Accounts Receivable Manager and Audit Administrator. On a monthly basis, the ARC shall review and properly record in the minutes all prior monthly billing adjustments as approved and presented by the Accounts Receivable Manager. These billing adjustments may result from but are not limited to; misapplied payment, transfer of balance due to bankruptcy notice, new occupant, bank encoding error, or water back-up. All write-offs or settlements of accounts shall require a majority of the ARC voting members to meet and discuss before approval. No write-off or settlement in excess of Five Thousand Dollars ($5,000.00) and less than Twenty-five Thousand Dollars ($25,000.00) shall be effective unless reviewed and approved by three (3) out of the four (4) voting members of the ARC. Any write-off or settlement greater than Twenty-five Thousand Dollars ($25,000.00) shall require Finance Committee approval or ratification. The suspension of these rules may occur when a time constraint exists and a decision must be made before the next scheduled meeting, or a situation exists from, but not limited to; foreclosure, sheriff or county tax sale, Land Reutilization Authority, Land Clearance for Redevelopment Authority, or discharged bankruptcy. In these instances, no settlements or write-offs in excess of Five Thousand Dollars ($5,000.00) shall be effective unless reviewed and approved by three (3) out of four (4) voting members of the ARC on an individual basis or at a special meeting as requested by any of the ARC members. All such instances will be reported at the next regularly scheduled meeting of the ARC and recorded in the minutes. ARC activity will be reported to the Board's Finance Committee on a monthly basis. The committee shall perform any other such duties relating to billing and collection policies. Such duties shall be reported to the Executive Director and Board of Trustees. Section Twenty -Three. Severability. The Board hereby declares that if any section, part, sentence or clause of this Ordinance is held invalid, such invalidity shall not affect the remainder of this Ordinance, the Board hereby declaring that it would have enacted the remainder of this Ordinance without regard to that part hereof that may be held invalid. Section Twenty -Four. Emergency Clause. The services as provided for herein are essential to the operation of the District, and enacted without delay, thus creating an emergency within the meaning of the Charter. Accordingly, this ordinance shall take effect immediately upon its enactment. The foregoing Ordinance was adopted August 12, 2010. APPENDIX I THE METROPOLITAN ST. LOUIS SEWER DISTRICT STATEMENT OF POLICY FOR MAINTENANCE OF STORMWATER SEWER SYSTEMS AND FACILITIES The following summarizes the District's current policy on Stormwater System Maintenance. A. Unimproved Channels The District will remove debris, trees, brush, and weeds that significantly obstruct the flow in the channels. Priority will be given to blockages that are in evidence and/or reported causing major flooding. B. Improved Channels The District will remove debris, trees, brush, silt, and weeds that significantly obstruct the flow in the channel. The structural integrity of the channel bottoms and sides shall be maintained. C. Storm Sewers (Enclosed Systems) The District will clean and maintain all public storm sewers (enclosed systems) that have been dedicated to and accepted by the District for operation and maintenance. D. Road Culverts and Bridges The District will not maintain road culverts and/or bridges. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. The District will maintain a road culvert which was installed by the District as an integral part of the storm sewer system. E. Driveway Culverts The District will not maintain any driveway culverts. F. Missouri State Highway Department The District will not maintain any storm sewers located on State Highway right-of-way, unless they are an integral part of an accepted storm system. G. Road Inlets The District does maintain road inlets on systems dedicated and accepted by the District. H. Trench Drains The District does not maintain trench drains. I. Roadside Ditches or Gutters The District will not maintain roadside ditches or gutters. This responsibility belongs to the agency or individual that has jurisdiction over the roadway. Bars Over Inlets The District does not allow bars, grating, screens, or any other obstructions to flow to be placed in front of inlets or pipe openings. K. Weeds The District only cuts weeds on property owned by the District. The District does not cut weeds on easements. L. Swales Yard swales will not be maintained by the District. M Fences The District will maintain fences along improved stormwater channels that were installed in the concrete sides of the channel or installed by the District as an integral part of an improvement. N. Retention and Detention Basins The District does not maintain retention or detention basins. O. Sink Holes The District shall not maintain sink holes, but will maintain the .structures over the sink hole if it is a public system. In the event a dispute arises as to whether a particular stormwater sewer system or facility or any part thereof should be maintained, repaired, or replaced by the District pursuant to this policy, the decision of the Executive Director shall be final. Any person or persons jointly or severally aggrieved by such decision may appeal such decision in the manner provided for in Section 12.110 of the District's plan. APPENDIX II ALL PROPERTIES WITHIN MSD BOUNDARIES (per Month) Charge Beginning August 1, 2010 Single Family and Commercial - Monthly Charge (per account) $0.24 Multi -Family - Monthly Charge (per unit) $0.18 MSD - St. Louis Appendix C a a9 emen �v.. Metropolitan St. Loui Sewers District Online Account; Login New Search Logout Account Detail Account #: Account Name: Account Status: Mailing Address: Service Address: Active ST. LOUIS MO 63137-2109 ST. LOUIS, MO 63137-2109 Phone Number: Premise Status: Active Premises Current $28.26 Balance: Date Sent to 00/00/0000 Collections: Bill History Date Recorded 05/21/2009 04/30/2009 04/21/2009 03/27/2009 03/20/2009 03/02/2009 02/23/2009 02/02/2009 01/23/2009 12/25/2008 Description Sewer Service Charge Pmt Org Pmntch 1 X Recur Sewer Service Charge Pmt Org Pmntch 1 X Recur Sewer Service Charge Pmt Org Pmntch 1 X Recur Sewer Service Charge Pmt Org Pmntch 1 X Recur Sewer Service Charge Pmt Org Pmntch 1 X Recur The Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 Payment Terms: Start Date: 00/00/0000 End Date: 00/00/0000 Active: Terms Amount: Terms Balance: Page 1 of 3 N .00 .00 Change in Balance 28.26 -28.26 28.26 -28.26 28.26 -28.26 28.26 -27.78 27.78 -27.78 Billing Questions? Cali 1-866.281.5737 IvMSD Horne Privacy Policy https://myaccount.msd,st-louis.mo.us/setvlet/Navigation?Page=CAACCTINFO 6/3/2009 Appendix Summary Recon for St Louis Metropolitan Sewer District t1 July 201 0 Number of Accounts $ Amounts TOTALS BEGINNING PORTFOLIO 13,144 $ 10,239,848.32 New Assignments 623 $ 154,252.47 Reactivated Accounts 113 $ 14,354.08 Returned/Recalled Accounts (582) $ (244,301.45) Adjustments $ 450,488.27 Court Costs Added/Paid $ Payments Paid to Agency $ (57,460.43) Paid in Full (175) Paid to MSD $ (209,433.81) Total Payments $ (266,894.24) Ending Portfolio 13,123 $ 10,347,747.45 Variances from MSD's Month End Statement Last Month's Beginning Balance Accounts Credit Balances $ Net Variances Reconciled to MSD's Statement 13,123 $ 10,347,747.45 Summary Recon 07.31.10 Status Summary Thru July, 2010 Client: 102350 Metropolitan St. Louis Sewer District 2350 Market St St. Louis, MO 63103 Status Meaning of Status Number of Accounts Original Amount Current Balance Due ACTIVE Active 6,873 $ 6,143,401.21 $ 7,289,934.42 BK-NEW New Acct in Bankruptcy Process 45 $ 50,039.90 $ 65,841.97 BRKN-PROM Broken Promise 55 $ 20,996.67 $ 27,627.20 CALL -AM Morning Calls 44 $ 22,801.89 $ 30,002.49 CALL-EV Evening Calls 1 $ 1,386.37 $ 1,824.17 DECD -NE Deceased New 104 $ 155,861.04 $ 205,080.32 DISP-VERBAL Disputed Account - Verbal 22 $ 3,792.76 $ 4,990.47 DISP-WRITTEN Disputed Account - Written 5 $ 747.19 $ 983.15 DO -NOT -CALL Do not call 16 $ 20,385.10 $ 26,822.50 GOODPHONE Verified Phone 0 $ - HOLD-CLT Hold per Client Request 44 $ 22,232.07 $ 29,252.73 HOLD-CLT-RVW Hold Client Review 519 $ 533,270.24 $ 701,671.37 HOT Hot 144 $ 88,966.78 $ 117,061.55 LOCATE Located 490 $ 497,833.38 $ 655,043.92 PPA Payment Arrangement 873 $ 384,310.67 $ 505,671.93 PROMISE Promise 130 $ 63,540.87 $ 83,606.41 REFUSE -TO -PAY Refuse to Pay 10 $ 9,943.78 $ 13,083.92 SKIP Skip Acct 914 $ 442,424.33 $ 582,137.27 SKIP -FINAL Skip Efforts Exhausted 1,638 $ 1,262,206.20 $ 1,660,797.63 START Active 477 $ 45,286.55 $ 59,587.56 Totals: 12,727 $ 9,769,426.99 $ 12,061,020.98 Placement History Analysis Regular Acc ounts Metropolitan S ewer District 2350 Market Street St Louis, MO 63103 Repo rt Perio d: 12/17/1993 - 07/31/2010 Repo rt Ru n Date: 8/01/2010 ---- Place d ---- Adjustments Payments this To -Date Payments Paid In Full ---- Withdrawn ---- Closed ---- Reco very Acti ve ---- No. Amount Amou nt Month N o. N o. Amo unt N o. Am ou nt % No . Am ount 1993 13 510,442 $71,506 $175 $42,040 2 7 540,513 2 -5296 101.46% 2 5675 1994 19 512,534 564,286 $-0 $50,219 3 12 523 ,452 1 $273 94.10% 3 $4,583 1995 46 $29,184 $148,885 $20 $132,344 8 26 $37,033 6 -$1,110 93 .84 % 6 512,705 1996 8 52,361 524,035 $-0 511,924 1 5 512,145 1 $114 83 .67 % 1 51 ,837 1997 1 $107 $4,686 $-0 $156 0 1 $4,637 0 50 100.00 % 0 50 1998 15 $9,066 $25,034 $-0 519,247 , 0 12 $11,324 0 $0 84.51% 3 53,404 1999 10 $4,559 516,866 5-0 517,820 0 7 $2,684 2 5118 95 .08% 2 5541 2000 31 520,566 543,757 $-0 534,145 3 23 $23,886 3 51,206 84.44% 2 55,071 2001 13 513,419 511, 817 $-0 $12,930 1 12 $12,156 0 50 98.86 % 0 $0 2002 38 557,245 577,796 $230 574,723 10 19 $40,202 4 $195 78.79 % 5 516,278 ?.003 7, 625 $3,387,116 56,829,707 531,573 55,575,114 3,471 1,409 52 ,248,780 1,920 5252,597 69.97% 835 52,137,447 t004 9,989 52, 984,000 56,521,327 521,880 $5,377,592 4,917 1,359 $2,178,665 2,836 $98,320 73.40% 897 $1,841,135 ?005 5, 020 51,045,799 $2,852,731 $9,657 52,290,536 2,084 791 $690,299 1,595 524,750 71 .40 % 570 5887,016 !006 11,593 $3,052,998 57,589,686 553,851 56,742,616 4,540 1,776 51,540,200 3,488 $56,059 74.07% 1,815 $2,263,608 an 07 754 $157,346 $431,912 $3,943 5378,101 289 127 $77,577 207 51,594 73 .89 % 132 $131,212 ,e b 07 680 5153,011 $405,610 53,144 $380,720 272 97 556 ,312 182 51,979 75.79 % 133 $118,473 Vlar 07 745 5124,348 5410,243 $4,976 5331,768 277 117 $65,625 201 $1,896 70.74 % 151 5130,564 ‘pr 07 634 5144,894 5435,610 53,249 $357,878 217 145 595,909 150 $975 a 73.85 % 122 5120,430 Vlay 07 612 5165,416 5320,765 $4,064 $302,019 218 132 $69,833 138 51,125 72.54% 124 $110,802 un 07 546 $119,203 5368,193 51,834 $292,042 186 104 567,124 125 $1,922 69 .49 % 133 5124,163 ul 07 602 $166,419 5391,352 $2,777 $323,410 203 124 $100,320 124 51,043 70 .70% 151 $130,472 \ug 07 659 5290,930 $480,861 53,779 $527,237 241 119 $76,405 144 $1,509 75.82 % 158 5165,610 ep 07 505 $103, 208 $289,413 53,884 $220,643 178 113 571,579 - 97 $2,542 68.73 % 118 593,848 )ct 07 574 5104,447 $339,460 53,848 5245,471 176 136 573,789 110 5989 66 .32 % 153 5121,514 Iov 07 546 5100, 576 5337,119 54,247 5258,408 193 120 $72,875 101 5612 70.83% 132 5102,822 lec 07 554 5120,554 5292,787 $3,689 $249,007 202 101 $44,680 116 51,684 67 .54 % 139 $116,149 007 7, 411 $1,750,352 $4,503,324 543,434 53,866,702 2,652 1,435 $872 ,027 1,695 $17,871 71 .85% 1,646 51,466,061 an 08 570 5107,910 $297,722 53,663 $232,205 196 120 $70,292 112 5896 69.24% 143 598,516 eb 08 555 5136,927 $303,999 52,374 $249,333 178 126 579 ,184 113 $654 68.93 % 138 $109,650 ga r 08 451 $106,764 5212,614 $2,414 $166,998 144 106 572,639 91 $2,014 67.68% 111 575,770 pr 08 403 599,622 $227,456 52,618 $170,016 133 92 569,064 68 $658 65.89 % 110 $85,790 by 08 441 $90,690 $198,145 $1,893 $169,241 147 89 537,708 98 $630 67 .39 % 108 579,938 in 08 532 $183, 923 5259, 712 $6,254 $208,843 158 121 $129,050 102 52,948 66.39% 152 $98 ,191 il 08 77S $227,453 5310,843 52,761 $247,909 204 178 589,561 132 $11,169 55.25% 272 5195,582 ug 08 596 5199,371 5321,042 $6,647 $297,328 181 153 592,490 95 $695 69 .48% 168 $128,886 °p' 08 768 5201,596 5291,392 57,523 $247,044 216 250 5115,047 117 $1,276 65.37% 190 $126,896 ct 08 823 5156,660 5327,338 56,415 5241,579 207 283 $82,704 96 51,819 60 .20% 245 $154,206 ov 08 662 $102,319 5183, 535 $3,331 $143,643 163 223 539,360 80 $771 58 .27% 199 5101,419 PAYMENTS BY AGE OF ACCOUNT - MONTH ENDING JULY 2010 AGE OF ACCT # PLACED $ PLACED # PAYMENTS $ OF PAYMENTS % RECV > 6 MONTHS 26,288 $22,536,141.49 2,410 $297,013.40 1.32% > 6 MONTHS 2,650 $1,540,310 .18 32 $3,598 .00 .23% > 1 YEAR 983 $1,085,962.58 26 $3,201.34 .29% > 2 YEARS 571 $925,924.87 18 $1,611.01 .17% > 3 YEARS 613 $1,347,419.39 14 $1,385.40 .10% > 5 YEARS 258 $1,038,903 .22 20 $1,402.71 .14% > 10 YEARS 44 $370,628.85 2 $165.00 .04% > 15 YEARS 20 $194,631.18 1 $100.00 .05% > 20 YEARS 7 $88,706. 86 4 $450.00 .51% Appendix PAYMENT FILE LAYOUT Payment File for Litigation Field Descriptions -Header Record Name Description Type Length From To CRSCSR Agency Code A 5 1 5 CRSRCV Blank -Zero Fill P 2, 0 6 7 CRSTDT Transmission Date (yyyymmdd) P 8, 0 8 12 CRSTTM Transmission Time (hhmmss) P 6, 0 13 16 CRSDPD Default Payment Date (yyyymmdd)-Only used if different from Transmission Date and if all detail records should have cash posted with this date instead of Transmission Date. P 8, 0 17 21 CRSTR#A Transmission Count -Actual (right justify) P 7, 0 22 25 CRSTR#B Transmission Count -Balance (right justify) P 7, 0 26 29 CRSAMTA Transaction Amount Actual- Right Justify P 15, 2 30 37 CRSAMTB Transaction Amount Balance- Right Justify P 15, 2 38 45 CRSPRF Blank -Zero Fill A 1 46 46 Field Descriptions -Detail Record Name Description Type Length From To CRTSCR Agency Code A 5 1 5 CRTRCV Blank -Zero Fill P 2, 0 6 7 CRTBSQ Batch Sequence Number P 7, 0 8 11 CRTACT Account Number Right Justify P 10,0 12 21 Name Description Type Length From To CRTCKD Account Check Digit P 1, 0 21 22 CRTCUS Customer Number -Zero Fill P 7, 0 23 29 CRTCCK Customer Check Digit -Zero Fill P 1, 0 30 30 CRTOPD Override Payment Date (yyyymmdd)-Only used for original payment date of check that became NSF. P 8, 0 31 38 CRTRTP Cash Entry Type (20 = Regular payment, 90 = NSF, 50 = Misc Fees) P 3, 0 39 41 CRTAMT Payment Amount — Right Justify Enter — to end if negative payment (as in NSF) P 13, 2 42 54 CRTREF Reference Number -Check Number A 15 55 69 CRTMFR Filler P 9, 0 70 78 CRTMFF Miscellaneous Cash Type Code- Left Justified 4 Alpha Characters Only P 9, 0 79 87 New Business File for Litigation File Specifications -Header Record Field Description Type Length Position H_Cag Collection Agency Code A 5 1— 5 H_Date Transmission Date 8,0 6 —13 H_Time Transmission Time 6,0 14 —19 H_Count Transaction Count Total amount of detail records plus header record 7,0 20 — 26 H_Amount Transaction Amount Total amount of all positive and negative Detail Amounts 15,2 27 — 41 H_AmountCR Negative Payment Indicator A If negative Transaction Amount = CR; if positive Transaction Amount = Blank 2 42-43 H Filler Filler 44 — 310 File Specifications -Detail Record for New Business Field Description Type Length Position D_Ag Agency Code A 5 1— 5 D_Date Transaction Date 8,0 6 —13 D_Acct Account Number 7,0 14 — 20 D_Chkd Check Digit 1,0 21 — 21 D_Last Name Last Name A 30 22 — 51 D_First Name First Name A 20 52— 71 D MI Middle Initial A 1 72 — 72 D_DBA DBA A 30 73 — 102 D Sad Service Address A 50 103 —152 D_Adrl Mailing Address Line 1 A 35 153 —187 D Adr2 Mailing Address Line 2 A 35 188 — 222 D Adr3 Mailing Address Line 3 A 35 223 — 257 D_Zip Mailing Zip Code A 9 258 — 266 D Phone Phone Number 10,0 267 — 276 D Amount Selected Amount = First -Time Referral = Account Balance; Existing Account = Subsequent Charges 13,2 277 — 289 D_AmountCR Negative Amount Indicator 2 290 — 291 D Balance Account Balance 13,2 292 — 304 D_BalanceCR Negative Balance Indicator 2 305 — 306 D_Bi11Cls (BSCLS) Account Bill Class (Commercial, Multi - Family, Residential) A 2 307 — 308 Activity File for Litigation File Specifications -Header Record Field Description Type Length Position H_Cag Agency Code A 5 1— 5 H_Date Transmission Date 8,0 6 —13 H_Time Transmission Time 6,0 14 —19 H_Count Transaction Count Total amount of detail records plus header record 7,0 20 — 26 H Filler Filler 44 — 310 File Specifications -Detail Record for New Business Field Description Type Length Position D_Ag Agency Code A 5 1— 5 D_Date Transaction Date 8,0 6 —13 D_Acct MSD Account Number 7,0 14 — 20 D_Chkd Check Digit 1,0 21— 21 D Last Name Last Name A 30 22 — 51 D First Name First Name A 20 52— 71 D MI Middle Initial A 1 72 — 72 D_Act-Code Activity Code (Suit prepared, suit filed, Alias, continuance, consent, default, return, garnishment, dismissal, transcription, partial payment, satisfied) N 5 73 — 77 D_Activity Date Date of Activity A 8,0 78 — 86 D_Case No Case Number N 8,0 87 — 95 D_Court-Date Initial Court Date A 8,0 96 —104 D_RefAmt Original amount referred on this account A 13, 2 105 —117 D_C_Cost Court cost expended to file suit, garnish, etc. A 13,2 118 —130 D_Reason Reason code for dismissal or returns A 5 131 —136 D_Act_No Number of continuances, garnishment attempts, N 10,0 137 — 147 aliases THE METROPOLITAN ST. LOUIS SEWER DISTRICT PURCHASING DIVISION REQUEST FOR PROPOSAL 1416 COLLECTION LITIGATION LAW SERVICES PART 2 of 2 PARTS Additional Requirements & Forms Submittal of Questions: See Paragraph 2.3, Terms & Conditions Bids MUST be received in the PURCHASING DIVISION Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103-2555 No Later Than: 11:00 AM., December 9th, 2010 IMPORTANT NOTICE Please visit our website: v4Tww.stlmsd.com (Programs and Projects, Bids) to register & view bids online. Steve Trenz Purchasing Agent Phone: 314.768.2735 Fax: 314.768.6369 E-mail: strenz stlmsd.com Published: November 30`h, 2010 LIT :L T. L 1 T. T Company Name: Address: City, State, Zip: Phone Number: Web Address (URL): Contact Name: Phone Number: Cell Number: Fax Number: E -Mail Address: Purchasing Division Supplier Profile GENERAL INFORMATION PLEASE PROVIDE THE FOLLOWING PERSONNEL INFORMATION: Years Employed By Your Firm: Current Position With Your Firm: Total years worked in the industry providing services required by this solicitation: Provide a brief description of duties at this job. Emphasize duties that are similar to those required by this solicitation: PLEASE PROVIDE THE FOLLOWING COMPANY INFORMATION: Number of years in business: Number of years supplying the product or service quoted: Briefly describe the services your firm provides and how these services will benefit MSD: POLITA T. LOUT ER DIST ICT Purchasing Division References Checklist Form e REFERENCES: Refer enc es should to be for similar type work . Company Name: Address: City, State , Zip: Contact Name: Te lepho ne #: Fax #: Type of Work: Start Date: Reference #1 C ompany Name: Address: City, State, Zip: Contact N ame: Tel eph one #: Fa x #: Type of W ork: Start Dat e: Refere nce #2 Reference #3 Refere nce #4 Company Name: Company Nam e: Addres s: Address: City, State, Zip: City, State, Zip: Con tact Name: Contact N ame: Telephone #: Tel eph one #: Fax #: Fa x #: Type of Wo rk: Type of Work: Start Date: Start Dat e: Company Name: Addre ss: City, State, Zip: Con tact Name: Telephone #: Fax #: Type of Wo rk: Start Date : Re fe rence #5 VENDOR'S CONFLICT OF INTEREST QUESTIONNAIRE 1. Name the individual or company requesting to do business with The Metropolitan St. Louis Sewer District (MSD): 2. In the past two (2) years, has the individual or company named in 1. above (or any principal of such company, i.e. partner, officer, director, etc.) contributed cash or gifts in excess of $200.00 in value in the aggregate in any calendar year to any of the individuals or organizations listed on Attachment A hereto? Yes No If yes, describe in detail (date/amount/description). 3. In the past two (2) years, has the individual or company named in 1. above done business with any person listed in Attachment A and/or their respective companies. Yes No If yes, describe in detail (date/amount/description). 4. The undersigned certifies that the above information is true and correct to the best of his or her knowledge and belief. Dated this day of , 20 Printed Name: Title: Company: Signature: GENERAL MANAGEMENT POLICY/PROCEDURE Conflict of Interest ATTACHMENT A Updated August 2009 NOTE: Attachment "A" contains a list of the MSD Trustees and their respective employer, MSD officers and Directors, and the organizations which each are individually associated with, as applicable. Trusteed SD BOARD OF TRUSTEES Name of Firm, Organization or Company Robert T. Berry James H. Buford American Public Works Association Member American Society of Civil Engineers Member American Water Works Association Member Circle Club of St. Louis Member Engineer's Club of St. Louis Member Engineers Without Borders Member Huntbridge Forest Subdivision Secretary Manchester UMC, Building Committee Member Masonic Lodge of Missouri Member Missouri Athletic Club Member Missouri Botanical Garden Member Missouri Society of Professional Engineers Member Missouri University of Science & Technology Adjunct Professor Missouri University of Science & Technology Academy of Member Civil Engineers Missouri University of Science & Technology Alumni Member, Executive Association Committee Mystic Order of the Shrine Member National Society of Professional Engineers Member Racquet Ruckus Foundation Chairman Reserve Officers Association Member Scottish Rite Bodies Member Society of American Military Engineers Member U.S. Army Reserves, Retired Retired Officer Water Environment Federation Member African American Jewish Task Force Member ARCHS Board Member Chancellors Council University Missouri -St. Louis Board Member Commission on Human Rights Board Member Confluence Academy Board Board Member Fair St. Louis Board Member Father Support Center Board Member Fontbonne Council of Regents Member Grand Center Arts District Past Chair and Member Greater St. Louis Area Council, Boy Scouts of America Board Member Heat Up/Cool Down St. Louis Vice Chair Jobs For America's Graduates (JAG) Board Member Junior League of St. Louis Board Member Metropolitan Sewer District Board Member Midwest Health Initiative Board Board Member GENERAL MANAGEMENT POLICY/PROCEDURE Conflict of Interest Trustee/Director James H. Buford Gerald Feldhaus John H. Goffstein Eddie Ross, Jr. David Visintainer SD BOARD OF TRUSTEES Name of Firm, Organization or Company Missouri State University Foundation Board St. Louis Black Leadership Roundtable St. Louis Black Repertory Theatre St. Louis ConnectCare St. Louis Regional Health Commission St. Louis Science Center Board of Trustees The MUNY The National Conference for Community & Justice Regional Advisory Board US Bank Webster University College of Arts and Science Advisory Board Workforce Investment Board of St. Louis County Building & Construction Trades Council Missouri State Building & Const. Trades PRIDE of St. Louis, Inc. St. Louis Port Council St. Peters Economic Development Bartley Goffstein, LLC Missouri Bar Association St. Louis County Bar Association St. Louis Metropolitan Bar Association State of Missouri Certificate of Need Temple Emanuel None 1312MOLLC 3850 Hartford LLC American Water works Association City of St. Louis Planning Commission City of St. Louis Preservation Board Lafayette Square Restoration Committee Missouri Section AWWA Missouri Water and Wastewater Conference Water Research Foundation Water Tower and Park Preservation Society Affiliation Member Board Member Board Member Chairman Board Member Trustee Board Member Board Member Board Member Member Board Member Executive Secretary - Treasurer Vice -President Co -Chair Executive Board Member Board Member Partner Member Member, Past President Member, foinier Committee Chair Member Member Member Member Member Commissioner Board Member Member WICC Chair Member Project Advisory Committee Member Board Member Msv Trustee irecto Randy Hayman Brian Hoelscher Barbara Mohn Gene Rhodes Elizabeth Schubert Jonathon Sprague GENERAL MANAGEMENT POLICY/PROCEDURE Conflict of Interest Vicki Taylor -Edwards Jeff Theerman ISD BOARD OF TRUSTEES Name of Firm, Organization or Company Association of Corporate Counsel Bar Association of Metropolitan St. Louis Crime Stoppers FOCUS St. Louis Friends of the Sheldon Herbert Hoover Boys & Girls Club St. Louis County Historical Society Trailnet American Public Works Association American Society of Civil Engineers Engineers Club of St. Louis Missouri Water Environment Association Water Environment Federation None None Institute for Supply Management American Public Works Association (APWA) American Water Works Association (AWWA) Engineers Club of St. Louis Missouri Water Environment Water Environment Federation AAIM Management Association Certified Employee Benefits Association Compensation Benefits Network Human Resources Management Association International Public Management Association First Presbyterian Church of Kirkwood Missouri Water Environment Association National Association of Clean Water Agencies St. Louis University Cook School of Business Water Environment Federation Director Member Director Member Board Member Director Director Director Member Member Member Member Member Member Member Member Member Member Member Member Member Member Member Member Elder Member Vice President Management Advisory Board Member MS p Tp ecto Karl Tyminski Jan Zimmerman GENERAL MANAGEMENT POLICY/PROCEDURE Conflict of Interest Si) BOARD OF TRUSTEES Name of Firm, Organization or Company Central Methodist University East Missouri Optimist Henry Woods Subdivision Optimist Club of St. Louis American Water Works Association Barkley House Government Finance Officers Assoc Adjunct Faculty Committee Chair President Past President Member Director Member METROPOLITAN ST . LOUIS SEWER DISTRICT Purchasing Di vision MWBE Qualification Form If you are a Minority ( MBE) and/or a Women Own ed (WBE) Business Enterprise, please check the appropriate boxes below and submit a copy of your certification(s) with your bid . Do you qualify as a minority and or women owned business according to the following definition: A minority -owned business is defined as a business that is at least 51% owned, controlled and operated by citizens who are members of a Minority group. A woman -owned business is defined as a business which at least 51% owned, controlled and operated by citizens who are women. If you need specific information concerning the definiti on, ple ase contact Ramona Dickens, Manager of Diversity at 314. 768 6357. EMinority Business Enterprise (MBE) ❑ Women Owned Business Enterprise (WBE) Percent Ownership Percent Ownership C Non - MWBE certify that my bid is complete and correct and complies with all provisions of the terms and conditions and specifications. I further certify that my price s include all delivery charges regardless of location to which the supplies are delivered within the District operating area. I furthe r certify that I have checked all the appro priate boxes above concerning this bid. Company Name: Address: City, ST, Zip: Telephone No: Completed By: Title: E-mail Address: MSS FORM A METROPOLITAN ST. LOUIS SEWER DISTRICT SUBCONTRACTOR UTILIZATION LIST EVALUATION FORM (CERTIFIED MWBEs ONLY) Contractor: I will Sub -Contract with the following MBE / WBE firms: 1) MBE/WBE Firm Name* ❑ Material: ❑ Service: ❑ Labor: ❑ Other: (Must Specify Type:) 2) MBE/WBE Firm Name* MBE Amount WBE Amount ❑ Material: ❑ Service: ❑ Labor: ❑ Other: (Must Specify Type:) 3) MBE/WBE Firm Name* ❑ Material: ❑ Service: ❑ Labor: ❑ Other: (Must Specify Type:) 4) MBE/WBE Firm Name* ❑ Material: ❑ Service: ❑ Labor: ❑ Other: (Must Specify Type:) 5) MBEM/BE Firm Name* ❑ Material: ❑ Service: ❑ Labor: ❑ Other: (Must Specify Type:) SUBTOTALS MWBE SUBCONTRACTORS TOTAL *NOTE: An MWBE Subcontractor cannot be included as a Joint Venture partner with a Non -Certified MWBE on "FORM A" $ $ $ Please do NOT alter the MWBE forms in any way. Electronic submissions will not be accepted for MSD Forms A, Subcontractor Verification & B. (Revised 4-2009) MBE /WBE SUBCONTRACTOR VERIFICATION FORM Metropolitan St. Louis Sewer District 2350 Market Street St. Louis, MO 63103 This is to certify that (Subcontractor) has been contacted by: (General Contractor) regarding Bid No. for (Name of Project) to provide the following: (Must Be Specific) MBE Amount WBE Amount ❑ Material: ❑ Service: ❑ Labor: o Other: Comments: $ $ Signature Date Type or Print Name Address Telephone Number City State This form should be completed & signed by the subcontractor(s). (Revised 4=2009) (Rev. 4-2009) SD FOR B Contractor / Bidder: METROPOLITAN ST. LOUIS SEWER DISTRICT MINORITY and WOMEN BUSINESS ENTERPRISE GOOD FAITH UTILIZATION EFFORT' REPORT (DUPLICATE FOR EXTRA PAGES) I have contacted the following certified MBE and/or WBE firms and will not be sub -contracting with them for the reasons stated below: MBE/WBE Firm Name & Contact Person Mailing Address Rejected/Reason * Services/Supplies & Phone Number (circle one) 1 2 3 1 2 3 1 2 3 2 3 2 3 2 3 2 3 *1 = Did Not Bid; 2 = Not Competitive / Low; 3 = Other (Specify) P LITA T. L UIS SE I T" T Purchasing Di vision MWBE M onthly In vol vement Report SB or RFP Number & Service Provided: Contractor: Report Perio d: Start Date of Period: Please check the appropriate box: End Date of Period: This a Monthly Payment Estimated project completion date: This a Final Payment Purcha se Orde r # Amount Invoiced to MSD Invoice Numb er Date of Invoice Name of MWBE Subcontractor (Enter Name of MWBE Subc ontractor even if no activity this month) MBE WBE Amount Paid to Subc ontractor % Participati on of MWBE Invoiced this Month �L` 1 q 1 \�stt\?.,-`.,\\\.\'\\�•, x'*, t\E \. a�,.1 . ` . \`�S\\\''\`:?.:.vqU ` .`•+��\Cvl ��, �. `q. �\� x\..\� 1, �. .�;.. r t �ei .5, ++, �' �,\�`. 'x \t:r ;au.'. S'-���" "{� a \` .b `t,i\S `.. \ `6+�kY:..`\II5. \`' `����� � .�, .��>�\U, 1�:\., "'`i. ,.1' ..� l\ \'\. \\ \l: .,\. Y, � �a��,. �"\'s\.,,.n \\. , \ �,. �ti\ 4��,\'�\`•�,\1 �.. .��i \l1\;.�. .. 't, \„\�+,u.``u\ tiS,•J 0.00 \ �� � �` ��� ,\ ��� ��� \ �\w�� $ ;�a���� ,�� �`���x��" \\`��ti��\\� �'�;,�\l \xi V \tii� `��\ ^, �z .\\\�\ \ \: . ';\\\,j= #1y. 1 �`�\\ '*s.U" ,1�..} `U�``..: �`�� .`\ � \�C`,�:. . �0. 0\\ \ �„�'�,,, �.`;;�,. . \�4�'1\e; . : �:\, ., .'. �vl', \ ,„\\�>:t . �, �\ \ � � � � \ ti �a�`��\`�\``� � �����`, ��'��\�\�\��\�; TOTAL: $0.00 he reby certify that the abo ve is a true statement of services provided under the above price agreement . This form must be faxed to (314) 768-2760 prior to the 8th day of the month following the report period. If questions, call Chasity Williams at 314 768-2726 Contracto r's Signature Date Print Name Tel ephone # ® i Purchasing Divisi on Supplier Checklist • Have yo u completed and returned the f oll owing forms and d ocuments: Bid Form with Signature Three (3) Copies of your Proposal Reference Checklist Form Conflict of Interest Form MWBE Qualification Form MSD Forms A & B Supplier Profile Copy of MWBE Certifications (If Applicable) Escalati on / De-escalation Form Insurance Documents MSDS Sheets (If Applicable) Warranty, Operating Manuals, BOM etc (If Applicable) Proof of Licenses (If Applicable) Bid Bond/ Cashier's Check attached to Bid . (If Applicable) Performance or Payment Bond Completed PW1000 - Certified p ayrolls per Prevailing Wage pr ovisions. (If Applicable) 0 This check list is prov ided only as a courtesy, and the District makes no warranty that all required submittals are identified. The Bidder is responsible for checking the solicitatio n.