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HomeMy WebLinkAboutMINUTES - 09182007 - C.60 TO: BOARD OF SUPERVISORSE ,� Contra FROM: Anne Cain, County Librarian ;;;;;;ir. Costa Library Department : °STA COUN�,�v CountyDATE: September 5, 2007 SUBJECT: Library Materials Recovery Services Contract For Year 2007/2008. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Contra Costa County Librarian to enter into a new contract with Unique Management Services, Inc. ("UMS") from July 1, 2007 through June 30, 2008 in the amount of$50,000. FINANCIAL IMPACT The cost of$50,000 is budgeted for 2007/2008. The contract specifies that the Library will pay Unique Management Services, Inc. $8.95 for each account submitted, not to exceed $50,000, for the term of the contract. BACKGROUND In 2005, the Board of Supervisors authorized the County Librarian to enter into a contract with Unique Management Services for the period of February 1, 2005 through June 30, 2006. This contract was to provide material recovery services for overdue library materials that are not returned. Under this agreement, accounts more than 60 days overdue with fees over $50 are sent to Unique Management Services for recovery. Since implementation of this agreement in February 2005, Unique Management Services has collected $384,405 in recovered materials and fees.at a cost of$78,572 to the Library. CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR❑ RECOMMENDATION OF BOARD COMMITTEE ❑ APPROVE ❑ OTHER SIGNATURE(S): ACTION OF BOARD ON %APPROVED AS RECOMMENDEDrV OTHER F-1 VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ANIMOUS(ABSENT ENTERED ON THE MINUTES OF THE BOARD OF AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED 'Contact: Anne Cain(646-6423) J N CiJLLEN,CLERK OFT HEOARD SUPERVISORS AND COUNTY ADMINIST TOR zc: B.Riveira,CAO General Services(Purchasing) ByDeputy Auditor-Controller Library Department 0:\13OS\PY 07-08\13oard Orders\Unique Management 2007-2008 Contract.doc E. s E--t•..o TO: BOARD OF SUPERVISORS — Contra . .. FROM: Anne Cain, County Librarian Costa -a Library Department ;:, DATE: September 5, 2007 County SUBJECT: . Library Material slZecovery Services Contract For Year 2007/2008. SPECIFIC REQUEST(S) OR RECOMMENDATION(S) & BACKGROUND AND JUSTIFICATION RECOMMENDATION APPROVE and AUTHORIZE the Contra Costa County Librarian to enter into a new contract with Unique Management Services. Inc. ("UMS") from July 1, 2007 through June 30, 2008 in the amount of$50,000. FINANCIAL IMPACT The cost of$50,000 is budgeted for 2007/2008. The contract specifies that the Library will pay Unique Management Services, Inc. $8.95 for each account submitted, not to exceed $50,000, for the term of the contract. BACKGROUND In 2005, the Board of Supervisors authorized the County Librarian to enter into a contract with Unique Management Services for the period of February 1, 2005 through June 30, 2006. This contract was to provide material recovery services for overdue library materials that are not returned. Under this agreement, accounts more than 60 days overdue with fees over $50 are sent to Unique Management Services for recovery. Since implementation of this agreement in February 2005, Unique Management Services has collected $384,405 in recovered materials and fees at a cost of$78,572 to the Library. - CONTINUED ON ATTACHMENT: ❑ YES SIGNATURE: ❑ RECOMMENDATION OF COUNTY ADMINISTRATOR❑ RECOMMENDATION OF BOARD COMMITTEE ❑ APPROVE ❑ OTHER SIGNATURE(S): ACTION OF BOARD ON APPROVED AS RECOMMENDED rvr OTHER ❑ . VOTE OF SUPERVISORS: I HEREBY CERTIFY THAT THIS IS A TRUE AND �'r CORRECT COPY OF AN ACTION TAKEN AND UNANIMOUS(ABSENT �/ ) ENTERED ON THE MINUTES OF THE BOARD OF ~ AYES: NOES: SUPERVISORS ON THE DATE SHOWN. ABSENT: ABSTAIN: ATTESTED Contact: Anne Cain(646-6423) JOJIN CbLLEN,CLERK OF THE'13OARD O SUPERVISORS AND COUNTY ADMINISTRATOR cc: B.Riveira,CAO / 1 General Services(Purchas' g) By `�� - � (�( {ti fC(�./ Deputy Auditor-Controller Library Departinent O:\BOS\FY 07-08\Board Orders\Unique Management 2007-2008 Contract.doc v Y � o Count C�� STA AR2 CONTRACT Number ,andard Form L-1 (Purchase of Services - Long Form) Fund/Org# 3702 \Revised 2002 Account # 2310 Other # 1. Contract Identification. Department: County Library Subject: Materials Recovery Services for the Contra Costa County Library 2. Parties. The County of Contra Costa, California (County), for its Department named above, and the following named Contractor mutually agree and promise as follows: Contractor: Unique Management Services, Inc. Capacity: Private Corporation Address: 119 E. Maple Street,Jefferson, IN 47130 3. Term. The effective date of this Contract is July 1, 2007. It terminates on June 30, 2008 unless sooner terminated as provided herein. 4. Payment Limit. County's total payments to Contractor under this Contract shall not exceed $ 50,000.00. 5. County's Obligations. County shall make to the Contractor those payments described in the Payment Provisions attached hereto which are incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 6. Contractor's Obligations. Contractor shall provide those services and carry out that work described in the Service Plan attached hereto which is incorporated herein by reference, subject to all the terms and conditions contained or incorporated herein. 7. General and Special Conditions. This Contract is subject to the General Conditions and Special Conditions (if any) attached hereto, which are incorporated herein by reference. 8. Project. This Contract implements in whole or in part the following described Project, the application and approval documents of which are incorporated herein by reference: Materials Recovery Services L-1 (Page 1 of 2) Contra Costa County STANDARD CONTRACT Number Standard Form L-1 (Purchase of Services - Long Form) Revised 2002 9. Legal Authority. This Contract is entered into under and subject to the following legal authorities: Government Code Sections 31000 and 26227. 10. Signatures. These signatures attest the parties' agreement hereto: COUNTY OF CONTRA COSTA, CALIFORNIA BOARD OF SUPE S ATTEST: Clerk of the Board of Supervisors Ot By By Chairm�esignee Deputy CONTRACTOR Name of business entity: Name keanage f bsitity ; Uniq e Management Serv' ces, Inc. Unien vi es, Inc. By (Signature f i divi ual or office ) B (Sigvidu oro icer) �r (Print name and title A, if applicable) (Print name and title B, if applicable Note to Contractor:For Corporations(profit or nonprofit),the contract must be signed by two officers. Signature A must be that of the president or vice-president and Signature B must be that of the secretary or assistant secretary (Civil Code Section 1190 and Corporations Code Section 313). All signatures must be acknowledged as set forth on Form L-2. L-1 (Page 2 of 2) Contra Costa County APPROVALS/ACKNOWLEDGMENT Number Standard Form L-2 (Purchase of Services - Long Form) Revised 2002 APPROVALS RECOMMENDED BY DEPARTMENT FORM APPROVED COUNTY COUNSEL By: Gc,w By: Far fir%ut-4AF Designee Deputy APPROVED: COUNTY ADMINISTRATOR By: QAIJ-O� Designee ACKNOWLEDGMENT STATE OF CALIFORNIA ) ss. COUNTY OF CONTRA COSTA ) On , before me, insert name and title of the officer), personally appeared person y known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/ e subscribed to the within instrument and acknowledged to me that he/she/they executed the same i is/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person , or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS MY HAND AN FFICIAL SEAL. (Seal) Signature ACKNOWLEDGMENT(by Corporation,Partnership,or Individual) (CM]Code§1189) L-2 (Page 1 of 1) ACKNOWLEDGEMENT STATE OF INDIANA ) )ss. COUNTY OF CLARK Before me the undersigned, A Notary Public for Clark County, State of Indiana, personally appeared_Charles Gary and Lyle J Stucki and acknowledged the execution of this instrument this 17th day of August 2007.. (S 1) ; JetWeA, otary Public My commission expires: Air', , 2-01,S Contra Costa County PAYMENT PROVISIONS Number Standard Form P-1 (Fee Basis Contracts -Long and Short Form) Revised 2002 1: Payment Amounts. Subject to the Payment Limit of this Contract and subject to the following Payment .Provisions, County .will pay Contractor the following fee as full compensation for all services, work; expenses or costs provided or incurred by Contractor: _ [Check one alternative only.] ❑ a. $ monthly, or ❑ b. $ per unit, as defined in the Service Plan, or ❑ c. $ after completion of all obligations and conditions herein. ® d. Other: as set forth in the attached Service Plan (Form L-3). 2. Payment Demands.Contractor shall submit written demands for payment on County Demand Form D-15 in the manner and form prescribed by County. Contractor shall submit said demands for payment no later than 30 days from the end of the month in which the contract services upon which such demand is based were actually rendered. Upon approval of payment demands by the head of the County Department for which this Contract is made, or his designee, County will make payments as specified in Paragraph 1. (Payment Amounts) above. 3.. Penalty for Late Submission. If County is unable to obtain reimbursement from the State of California as a result of Contractor's failure to submit to County a timely demand for payment as specified in Paragraph 2. (Payment Demands)above,County shall not pay Contractor for such services to the extent County's recovery of finding is prejudiced by the delay even though such services were fully provided. 4. Right to Withhold. County has the right to withhold payment to Contractor when,in the opinion of County expressed in writing to Contractor, (a) Contractor's performance, in whole or in'part, either has not been carried out or is insufficiently documented, (b) Contractor has neglected, failed or refused to furnish information or to cooperate with any inspection, review or audit of its program, work or records, or (c) Contractor has failed to sufficiently itemize or document its demand(s) for payment. 5. Audit Exceptions. Contractor agrees to accept responsibility for receiving, replying to, and/or complying with any audit exceptions by appropriate county, state or federal audit agencies resulting from its performance of this Contract. Within 30 days of demand, Contractor shall pay County the full amount of County's obligation,if any,to the state and/or federal government resulting from any audit exceptions;to the extent such are attributable to Contractor's failure to perform properly any of its obligations under this Contract. Initials:JJLt� Contractor County Dept. Form P-I (Page 1 of 1) Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3.702 Revised 2002 Account # 2310 Vendor# SERVICE PLAN I. ` Contractor's Obliyations. During the term of this Contract, Contractor will perform various services to recover identified overdue materials and fines from County patrons whose accounts have been identified for collection. Contractor will charge$8.95 as a fixed fee per patron for the recovery process regardless of the amount to be collected from the patron.These services include, but are not limited to,the following: A. Initial Placement. 1. Once an account is submitted by the County for review, Contractor will review names and addresses through the National Change Of Address database before the first letter is sent to verify patrons' correct addresses. This process decreases the number of letters that are returned, and allows Contractor to make actual contact with patrons sooner, thus increasing the probability of recovering materials and fines/fees. 2. Contractor will send out the first recovery letter immediately after a patron's name is processed through the National Change of Address database. (64 days late) (Sample A) 3.. Contractor will wait three weeks to allow the patron time to respond. If after three weeks the patron still has not responded, a second recovery letter is sent. (85 days late) (Sample I3) 4. If a patron has a remaining overdue balance 35 days after the account was referred, Contractor will begin making phone calls to encourage the patron to clear their account. (120 days late) 5. Phone calls will be made in the evenings,Monday through Friday from 6:00 to 8:00 p.m.and on Saturday. between 9:00 a.m. to 12:00 p.m. PST. Contractor will make at least two phone attempts. If a patron is not home in the evening, calls will be made at varying times, including Saturdays. All Contractor calls will be made live, by individuals who are well trained to make professional calls. (See Script, Sample E) 6. If the patron responds after either the first or second letter or the phone calls and there is still a remaining balance, Contractor will automatically send a third letter to encourage the patron to contact the County and pay their fines and/or return additional materials to clear their account. (124 days late) (Sample C) B. Secondary Placement. Contractor will made secondary placement efforts to help recover materials from patrons who do not clear their account as a result of County recovery and/or initial placement efforts or have moved without leaving a Initials: Contractor County Dept. L-3 (Page 1 of 5) 0:\Contrac1s\2007\Unique Management Services,lnc\L-3 service Plan Outline.doc Contra Costa County - SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3702 Revised 2002 Account # 2310 Vendor # correct address. 1. In secondary placement, Contractor will do extensive skip tracing to find patrons who have inaccurate addresses. Corrected addresses will be provided to the County each month. Contractor utilizes five primary databases to do skip tracing. If it is determined that the prior letters were sent to the wrong address,a final notice letter will still be sent as the next step in the process,as described in #2 below. 2. A "final notice" letter will be sent 128 days after the account was referred to Contractor. (Sample D) This letter will state that the patron may be reported to a credit agency if they do not clear their account with the County. 3. If the final notice letter is returned with a new forwarding address,the final notice letter is re- sent to the corrected address. 4. If a patron still does not clear their account,telephone calls will be made to patrons between days 142 and 155. This is a courtesy call to explain to the patron that they are scheduled to be credit reported and how to avoid this report by clearing their account. (Sample E) 5. If the patron responds partially by returning materials and/or making a payment but still has a remaining balance, the remaining balance letter is sent out immediately.. 6. Several telephone calls will be made to those with a remaining balance depending upon the patron's balance and their response to previous contact attempts. 7. Contractor will wait at least 120 days after the account is referred to Contractor(or 184 days late) before the patron is actually credit reported to give patrons plenty of time to respond. Contractor credit reports to the largest credit reporting agencies in.the United States: Trans Union, CBI/Equifax and Experian (formerly TRW). C. Patron Notification Process I. The County will provide a listing of delinquent patron accounts to Contractor on a weekly basis along with information including the patron name, address, phone number, patron number, whether or not the patron is a juvenile(if available),year of birth(if available)and total outstanding balance. This data will be transferred to Contractor electronically using the CARL Collection Agency Module. New accounts will be submitted each month or as needed. 2. . Upon receiving new accounts, Contractor will provide to the County an acknowledgment verifying that Contractor received the new patron accounts for processing. Then, Contractor will Initials: _ Contractor County Dept. L-3 (Page 2 of 5) 0:\Contracts\2007\Unique Management Services,Inc\I 3 Service Plan Outline.doc Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3702 Revised 2002 Account # 2310 Vendor# contact the patrons and encourage the to return overdue materials to the County and pay their fines/fees. Patrons will be informed to pay all fines and fees to the County only. If any patrons make a check out to Contractor, it will be endorsed and sent to the County within one working day. 3. Contractor's collection process will be done in a very professional, respectful and gentle manner so that patron goodwill is maintained. 4. New addresses obtained from skip tracing services will be forwarded to the County every . month on Contractor's change of address report showing patron name, account number, and new address. All written letters and telephone calls will be directed to the parents of any borrowers under the age of 18. 5. Contractor will provide a budget neutrality guarantee to recover sufficient cash and waived amounts to pay Contractor fees provided the County will turn over accounts within a specified period of time and add on a specified processing fee. If negotiated conditions are met,Contractor will make adjustments, as necessary, to the County's monthly invoices for the difference between collection fees and the total money received including waived amounts on accounts submitted to keep the service budget neutral. 6. At least every other day, and if possible daily, the County will send Contractor an itemized, updated list in electronic format showing details for borrowers who have responded to Contractor. contacts. The report will include borrower name, account number and pertinent data such as amounts added, paid; waived and value of materials returned. Contractor will stop contacts immediately for patrons who have cleared their accounts and adjust balances as appropriate for those who have responded before further collection activity takes place. At any time,. the County can request that Contractor suspend service on selective accounts. In these cases, Contractor will suspend collection activity until notified by the County to continue. 7.' Contractor will provide to the County, on a monthly basis in electronic and/or hard copy format, a report that details in alphabetical order by patron name and barcode number,the value of materials returned,money received,charges waived,and balance due. Contractor will also include a summarization of the collection performance to date. Furthermore, Contractor will work with the County to develop customized management reports per the County's request. . 8. All work.performed shall be conducted in compliance with all federal, state and local rules and regulations, including, but not limited to, the applicable provisions of the Federal Fair Debt Collection Practices Act,and County confidentiality laws. Contractor will ensure the confidentiality, security and safety of all County f , documents, computer files, etc. All information provided to Contractor will be used solely for the purpose of collection of those accounts. Initials: Contractor County Dept. L-3 (Page 3 of 5) 0:\C0n1rac1s\2007\Unique Management Services,Inc\L-3 Service Plan Outline.doc Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3 (Purchase of Services - Long Form) Fund/Org# 3702 Revised 2002 Account # 2310 Vendor# Detailed records and documentation shall be maintained and provided to the County. The County reserves the right to monitor the Contractor's collection process to ensure it is done in a professional, respectful and gentle manner. 9. Within three days from the execution of this Agreement Contractor will designate a representative to be the contact person for handling any problems encountered by the County regarding the service. Furthermore,Contractor has developed a training packet and training video to Help new clients implement the service. Ongoing training support will be provided to the County and its staff as needed to maintain a well-managed process at no additional cost to the County. Contractor will work with County technical staff, at no additional cost, to work out all technical details for transferring appropriate data as necessary. D. Potential Problem Areas. All activities performed by Contractor will be monitored for quality. Contractor will regularly verify the accuracy of work that is performed. This includes,but is not limited to,verifying Contractor has received all expected files from the County, verifying that accounts are accurately processed, listening to calls made to patrons in accordance with all federal, state and local laws and regulations,verifying all files are processed by the end of each working day, and assuring patron disputes are addressed in a timely manner. Contractor will notify the County, in writing,if it is not receiving all expected files from the County in a timely manner. Contractor will provide the County with quarterly reports detailing all problems it has encountered. : E. Training. Contractor will provide the County with the training document designed to train the trainer.The County may choose to conduct its own training program, or a Contractor representative can meet with circulation supervisors in a two-hour training session at the County. The Contractor trainer will provide a training document, samples of Contractor letters, and a call script to each participant. The trainer will provide background information about Contractor;describe in detail the process involving the electronic transfer of data,explain the collection/recovery process in detail,and review common questions and/or objections from patrons and provide suggestions as to how circulation staff should respond to maintain patron goodwill. There will also be a general question and answer period so that everyone has a chance to raise any questions and/or concerns. Circulation supervisors can then use what they have learned to train their staff. Contractor will tailor the training as desired by the County. Contractor will also provide training on either a VHS tape or a CD that can be used on staff computers. Initials: Contractor County Dept. . L-3 (Page 4 of 5) OAConlracts\2007Wnique Management Services,Inc\l 3 Service Plan Outline.doe Contra Costa County SERVICE PLAN OUTLINE Number Standard Form L-3. (Purchase of Services - Long Form) Fund/Org# 3702 Revised 2002 Account # 2310 Vendor# II. County's Obligations: A. Payment Provisions/Budget Neutrality Guarantee. 1. County will pay Contractor$8.95 as a fixed fee per patron for the recovery process regardless of the amount to be collected from the patron. Following the first full quarter of the execution of this agreement, Contractor will provide a Budget Neutrality Guarantee to recover sufficient funds and waived amounts to cover the $8.95 per patron fee. 2. The Budget Neutrality Guarantee means that Contractor will GUARANTEE not to charge more than the actual cash and waived amounts recovered to maintain budget neutral. Contractor will make adjustments, as necessary, to its monthly invoices to the County reflecting the difference between collection fees and the total money received plus amounts waived on accounts submitted to keep the service budget neutral. 3. In accordance with Paragraph 2 of PAYMENT PROVISIONS, Contractor will submit all invoices for services with supporting documentation to the address below: Contra Costa County Library Library Administration 1750 Oak Park Boulevard Pleasant Hill, California 94523 Initials: Contractor . County Dept. L-3 (Page 5 of 5) O:\Contracts\2007\Unique Management Services,Inc\I.3 Service Plan Outline.doc Contra Costa County Number Standard Form L-4 Revised 2002 SPECIAL CONDITIONS (Purchase of Services - Long Form) 1. Paragraph 5.a. of General Conditions is hereby amended to read as follows: a. Written Notice. This Contract may be terminated by either.party, in its sole discretion, upon sixty-days advance written notice thereof to the other, and may be cancelled immediately by written mutal consent. 2. Insurance. Paragraph 19 (Insurance) of the General Conditions is hereby deleted in its entirety and replaced with the following: 19. Insurance. a. Liability Insurance. For all contracts where the total payment limit of the contract is . $500,000 or less,Contractor shall provide comprehensive liability insurance with a minimum combined single limit coverage of $500,000 for all damages, arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement. Said policies shall constitute primary insurance as to County, the state and federal governments, and their officers,agents,and employees,so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000,the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of $1,000,000, and Contractor shall be required to provide County with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Proof of Insurance. Contractor shall provide County with (a) copy(ies) of the endorsement(s) making the County an additional named insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. If Contractor should renew.the insurance policy(ies) or acquire either (a) new insurance policy(ies) or amend the coverage afforded through an endorsement to the policy(ies) at any time during the term of this Contract, then Contractor shall provide County with (a) current copy(ies) of the endorsement(s). . C. Insurance Certificate. Not later than the effective date of this Contract, Contractor shall provide County with a certificate(s) of insurance evidencing the above liability insurance. The policies shall include a provision for thirty (30) days written notice to County before cancellation or material change of the above-specified coverage. Initials: Contractor County Dept. L-4 (Page 1 of 1) . O:\Contracts\2007\Unique Management Services,Inc\L-4 Long Form Special Conditions.doc Contra Costa County GENERAL CONDITIONS Standard Form L-5. (Purchase of Services - Long Form) Revised 2003 I. Compliance with Law. Contractor shall be subject to and comply with all applicable federal, state and local laws and regulations with respect to its performance under this Contract, including but not limited to, licensing, employment and purchasing practices; and wages, hours and conditions of employment, including nondiscrimination. 2. Inspection. Contractor's performance,place of.business and records pertaining to this Contract are subject to monitoring, inspection, review and audit by authorized representatives of the County, the State of California, and the United States Government. 3. ..Records.. Contractor shall keep and make available for inspection and copying by authorized representatives of the County, the State of California, and the United States Government, the Contractor's regular business records and such additional records pertaining to this Contract as may be required by the County. a. Retention of Records. Contractor shall retain all documents pertaining to this Contract for five years from the date of submission of Contractor's final payment demand or final Cost Report;for any further period that is required by law; and until all federal/state audits are complete and exceptions resolved for this contract's funding period. Upon request,Contractor shall make these records available to authorized representatives of the County,the State of . California, and the United States Government. b. Access to Books and Records of Contractor, Subcontractor. Pursuant to Section 1861(v)(1) of the Social . Security Act, and any regulations promulgated thereunder, Contractor shall, upon written request and until the expiration of four years after the furnishing of services pursuant to this Contract, make available to the County,the Secretary of Health and I-Iuinan Services,or the Comptroller General,or any of their duly authorized representatives, this Contract and books,documents,and records of Contractor necessary to certify the nature and extent of all costs and charges hereunder. Further, if Contractor carries out any of the duties of this Contract through a subcontract with a value or cost of $10,000 or more over a twelve-month period, such subcontract shall contain a clause to the effect that upon written request and until the expiration of four years after the furnishing of services pursuant to such subcontract, the subcontractor shall make available to the County, the Secretary, the Comptroller General, or any of their duly authorized representatives; the subcontract and books, documents, and records of the subcontractor necessary to verify the nature and extent of all costs and charges thereunder. This special condition is in addition to any and all other terns regarding the maintenance or retention of records . under this Contract and is binding on the heirs, successors, assigns and representatives of Contractor. .4. Reporting Requirements. Pursuant to Government Code Section 7550,Contractor shall include in all documents or written reports completed and submitted to.County in accordance with this Contract,a separate section listing the numbers and dollar amounts of all contracts and subcontracts relating to the preparation of each such document or written report. This section shall apply only if the payment limit under this Contract.exceeds $5,000. .5. Termination and Cancellation. a. .Written Notice. This Contract may be terminated by either party, in its sole discretion,upon thirty-day advance written notice thereof to the other, and maybe cancelled immediately by written mutual consent. L-5 (Page 1 of 6) Contra Costa County GENERAL CONDITIONS Standard. Form L-5 (Purchase of Services -Long Form) Revised 2003 b. Failure to Perform.. County, upon written notice to Contractor, may immediately terminate this Contract should Contractor fail to perform properly any of its obligations hereunder. In the event of such termination,County . may proceed with the work in any reasonable manner it chooses. The cost to County of completing Contractor's performance shall be deducted from any sum due Contractor under this Contract,.without prejudice to County's rights to recover damages: C. Cessation of Funding. Notwithstanding Paragraph 5.a. above, in the event that federal, state, or other non- County finding for this Contract ceases, this Contract is terminated without notice. 6. Entire Agreement. This Contract contains all the terms and conditions agreed upon by the parties. Except as expressly provided herein, no other understanding,oral or otherwise,regarding the subject matter of this Contract shall be deemed to exist or to bind any of the parties hereto. 7. Further Specifications for Operatine Procedures. Detailed specifications of operating procedures and budgets required by this Contract,including but not limited to,monitoring,evaluating,auditing,billing,or regulatory changes,may be developed and set forth in a written Informal Agreement between Contractor and County. Informal Agreements shall be designated as such and shall not be amendments to this Contract except to the extent that they further detail or clarify that which is already required hereunder. Informal Agreements may not enlarge in any manner the scope of this Contract, including any sums of money to be paid Contractor as provided herein. Informal Agreements may be approved and signed by the head of the county department for which this Contract is made or its designee. 8. Modifications and Amendments.. a. General Amendments. This Contract may be modified or amended by a written document executed by Contractor and the Contra Costa County Board of Supervisors or, after Board approval, by its designee, subject to any required state or federal approval. b. Administrative Amendments. Subject to the Payment Limit,the Payment Provisions and the Service Plan may be amended by a written administrative amendment executed by Contractor and the County Administrator (or designee), subject to any required state or federal approval, provided that such administrative amendment may not materially change the Payment Provisions or the Service Plan. 9. Disputes, Disagreements between County and Contractor concerning the meaning,requirements,or performance of this Contract shall be subject to final written determination by the head of the county department for which this Contract is made, or his designee, or in accordance with the applicable procedures (if any) required by the state or federal, . government. 10. Choice of Law and Personal Jurisdiction. a. This Contract is made in Contra Costa County and shall be governed and construed in accordance with the laws of the State of California. ` L-5 (Page 2 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) .Revised 2003 b. Any action relating to this Contract sliall'be instituted and prosecuted in the courts of Contra Costa County,State of California. . l 1. Conformance_with Federal and State Regulations and Laws. Should federal or state regulations or laws touching upon the subject of this Contract be adopted or revised during the term hereof,this Contract shall be deemed amended to assure conformance with such federal or state requirements. . 12. No Waiver by County. Subject to Paragraph 9.(Disputes)of these General Conditions,inspections or approvals,or statements by any officer,agent or employee of County indicating Contractor's performance or any part thereof complies with the requirements of this Contract,or acceptance of the whole or any part of said performance,or payments therefor, or any combination of these acts,shall not relieve Contractor's obligation to fulfill this Contract as prescribed;nor shall the County be thereby estopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract. 13. Subcontract and Assignment. This Contract binds the heirs,successors,assigns and representatives of Contractor. Prior written consent of the County Administrator or his designee, subject to any required state or federal approval, is required before the Contractor may enter into subcontracts for any work contemplated under this Contract,or before the Contractor may assign this Contract or monies due or to become due, by operation of law or otherwise. 14. Independent Contractor Status. This Contract is by and between two independent contractors and is not intended to and shall not be construed to create the relationship between the parties of agent, servant,employee,partnership,joint . venture or association. 15. Conflicts of Interest. Contractor, its officers,partners,associates,agents,and employees,shall not make,participate in.making, or in any way attempt to use the position afforded them by this Contract to influence any governmental. decision in which they know or have reason to know they have a financial interest under California Government Code Sections 87100, et seq., or otherwise. 16. Confidentiality. Contractor agrees to comply and to require its officers,partners,associates,agents and employees to comply with all applicable state or federal statutes or regulations respecting confidentiality, including but not limited to, the identity of persons served under this Contract, their records, or services provided them, and assures that: a. All applications and records concerning any individual made or kept by Contractor or any public officer or agency in connection with the administration of or relating to services provided under this Contract will be confidential, and will not be open to examination for any purpose not directly connected with the administration of such service. b. No person will publish or disclose or permit or cause to be published or disclosed,any list of persons receiving services,except as may be required in the administration of such service. Contractor agrees to inform all employees, agents and partners of-the above provisions, and that any person knowingly and intentionally disclosing such information other than as authorized by law may be guilty of a misdemeanor. L-5 (Page 3 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 0 (Purchase of Services - Long Form) Revised 2003 17.: Nondiscriminatory Services. Contractor agrees that all goods and services under this Contract shall be available to . . all qualified persons regardless of age, sex, race, religion,color, national origin,ethnic background,disability;or sexual orientation, and that none shall be used, in whole or in part, for religious worship or instruction. 18. Indemnification. Contractor shall defend,indemnify,save,and hold harmless County and its officers and employees from any and all claims,costs and liability for any damages, sickness,death,or injury to person(s)or property, including without limitation all consequential damages,from any cause whatsoever arising directly or indirectly from or connected with the operations or services of Contractor or its agents, servants, employees or subcontractors hereunder, save and except claims or litigation arising through the sole negligence or sole willful misconduct Of County or its officers or employees. Contractor will reimburse County for any expenditures, including reasonable attorneys' fees, County may make by reason of the matters that are the subject of this indemnification, and, if requested by County, will defend any claims or litigation to which this indemnification provision applies at the sole cost and expense of Contractor. 19. Insurance. During the entire term of this Contract and any extension or modification thereof,Contractor shall keep in effect insurance policies meeting the following insurance requirements unless otherwise expressed in the Special Conditions: a. . Liability .Insurance. For all contracts where the total payment limit of the contract is $500,000 or less, Contractor shall provide comprehensive liability insurance, including coverage for owned and non-owned automobiles,with a minimum combined single limit coverage of$500,000.for all damages, including consequential damages, due to bodily injury, sickness or disease, or death to any person or damage to or destruction of property, including the loss of use thereof,arising from each occurrence. Such insurance shall be endorsed to include County and its officers and employees as additional insureds as to all services performed by Contractor under this agreement.. Said policies shall constitute primary insurance as to County,the state and federal governments, and their officers, agents, and employees, so that other insurance policies held by them or their self-insurance program(s) shall not be required to contribute to any loss covered under Contractor's insurance policy or policies. For all contracts where the total payment limit is above $500,000, the aforementioned insurance coverage to be provided by Contractor shall have a minimum combined single limit coverage of$1,000,000,and Contractor shall be required to provide County .. with a copy of the endorsement making the County an additional insured on all general liability, worker's compensation, and, if applicable, all professional liability insurance policies as required herein no later than the effective date of this Contract. b. Workers' Compensation. Contractor shall provide workers' compensation insurance coverage for its employees. c. Certificate of Insurance. The Contractor shall provide the.County with (a) certificate(s) of insurance. evidencing liability and worker's compensation insurance as required herein no later than the effective date of this Contract. If the Contractor should renew the insurance policy(ies)or acquire either a new insurance policy(ies)or amend the coverage afforded through an endorsement to the policy at any time during the term of this Contract,then Contractor shall provide (a) current certificate(s) of insurance. d. Additional Insurance Provisions. The insurance policies provided by Contractor shall include a provision for thirty(30) days written notice to County before cancellation or material change of the above specified coverage. L-5 (Page 4 of 6) . Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2003 20. Notices. All notices provided for by this Contract shall be in writing and may be delivered by deposit in the United .States mail, postage prepaid. Notices to County shall be addressed to the head of the county department for which this Contract is made: Notices to Contractor shall be addressed to the Contractor's address designated herein. The effective date of notice shall be the date of deposit in the mails or of other delivery, except that the effective date of notice to. County shall be the date of receipt by the head of the county department for which this Contract is made. 21. Primacy of General Conditions. Except for Special Conditions which expressly supersede General Conditions,the Special Conditions(if any) and Service Plan do not limit any term of the General Conditions. 22. Nonrenewal. Contractor understands and agrees that there is no representation, implication,or understanding that the services provided by Contractor under this Contract will be purchased by County under a new contract following expiration or termination of this Contract, and waives all rights or claims to notice or hearing respecting any failure to continue purchasing all or any such services from Contractor. 23. Possessory Interest. If this Contract results in Contractor having possession of, claim or right to the possession of land or improvements, but does not vest ownership of the land or improvements in the same person, or if this Contract results in the placement of taxable improvements on tax exempt land (Revenue & Taxation Code Section 107), such interest or improvements may represent a possessory interest subject to property tax,and Contractor may be subject to the payment of property taxes levied on such interest. Contractor agrees that this provision complies with the notice requirements of Revenue&Taxation Code Section 107.6,and waives all rights to further notice or to damages under that or any comparable statute. .24. No Third-Party Beneficiaries. Notwithstanding mutual recognition that services under this Contract may provide some aid or assistance to members of the County's population, it is not the intention of either County or Contractor that such individuals occupy the position of intended third-party beneficiaries of the obligations assumed by either party to this Contract. . 25. Copyrights and Rights in Data. Contractor shall not publish or transfer any materials produced or resulting from activities supported by this agreement without the express written consent of the County Administrator. I f any material is subject to.copyright,County reserves the right to copyright, and Contractor agrees not to copyright, such material. I f the material is copyrighted,County reserves a royalty-free,nonexclusive,and irrevocable license to reproduce, publish, and use such materials, in whole or in part, and to authorize others to do so. 26. Endorsements. Contractor shall not in its capacity as a contractor with Contra Costa County publicly endorse or oppose the use of any particular brand name or commercial product without the prior approval of the Board of ..Supervisors. In its County contractor capacity, Contractor shall not publicly attribute qualities or lack of qualities to a particular brand name or commercial product in the absence of a well-established and widely accepted scientific basis for such claims or without the prior approval of the Board of Supervisors. In its County contractor capacity,Contractor shall not participate or appear in any commercially produced advertisements designed to promote a particular brand name or commercial product, even if Contractor is not publicly endorsing a product, as long as the Contractor's presence in the advertisement can reasonably be interpreted as an endorsement of the.product by or on behalf of Contra Costa County. L-5 (Page.5 of 6) Initials: Contractor County Dept. Contra Costa County GENERAL CONDITIONS Standard Form L-5 (Purchase of Services - Long Form) Revised 2003 Notwithstanding the foregoing, Contractor may express its views on products to other contractors, the Board of Supervisors, County officers, or others who may be authorized by the Board of Supervisors or by law to receive such views. 27. Required Audit.. (A) If Contractor is funded by $500,000 or more in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor shall provide to County at Contractor's expense an audit conforming to the requirements set forth in the most current version of Office of Management and Budget Circular A- . 133. (B) If Contractor is fiinded by less than $500,000 in federal grant fiends in any fiscal year ending after December 31, 2003 from any source, but such grant imposes specific audit requirements; Contractor shall provide to County an' audit conforming to those requirements. (C) If Contractor is funded by less than $500,000 in federal grant funds in any fiscal year ending after December 31, 2003 from any source, Contractor is exempt from federal audit requirements for. that year, however, Contractor's records must be available for and an audit may be required by, appropriate officials of the federal awarding agency, the General Accounting Office (GAO), the pass-through entity and/or the County. If any such audit is required, Contractor shall provide County with such audit. With respect to the audits specified in (A), (B) and (C) above, Contractor is solely responsible for arranging for the conduct of the audit, and for its cost. County may withhold the estimated cost of the audit or 10 percent of the contract amount, whichever is larger, or the. final payment, from Contractor until County receives the audit from Contractor. . 28. Authorization. Contractor, or the representative(s) signing this Conti-act on behalf of Contractor, represents and warrants that it has full power and authority to enter into this Contract and perform the obligations herein. L-5 (Page 6 of 6) n Initials: — –t– Contractor County Dept. Sample A Illlullllllllulllllllllllllllllllllllllllll National 1 19 V Ma1,1e St U N IQU E Jellersonville IN 471341 RE RJRN SI.:RVIC E RJ:Q1IFSTED November 4,2004 CONTRA C.'O51'A C(111N fY LIBRARY 1750 Oak Park Blvd 134 105-120,1 328(121 157(18 PLEASANT1111.1-CA 94523-4497 111111111,1,1,1111111111111111,;1„1„11,1,1,1,,,111,1,,,11111 II III,,l„1.1,11,11111111,.1,1t,1„11,1,,,1„1,1.1,11,,,,1„Il To The Parents/Guardian OI'Lauren I ligdon 1.19 E Maplc St Jeffemonville IN 47130-3439 Account n 123.156-Miss Anounl: 100.00 Past Due Balance '—D,l ch Upper PmUull An.1 Will Pa,oldd ' Account N: 123456-Miss Contra Costa County Library Tolal.Due:$ 100.00 'Phis is an attempt to collect a debt and any information Obtained will be used for Ihat purpose. Your account has been referred to Unique National Collections by the Contra Costa County Library. Return of past clue materials and payment of fines/lives will ensure that your account is cleared with Unique National Collections and the Library. Fines must also be paid even if the materials are returned. The Library has requested that we provide you a courtesy notice. It is our hope Ih;u you will respond so this matter can be resolved. The Contra Costa County Library would like to have you,again,as a patron in good standing. To clear your account,please return past due materials,if you still have them,to any Contra Costa County Library r Library location and location and pay your outstanding tines. If you have misplaced the materials,or if you have returned the materials I have not yet paid and have not yet paid your tines,please send your check in the amount of$100.00 to Contra Costa County Library art;Blvd,Pleasant I lill, Circulation Manager, 1750 Oak Park Boulevard,Pleasant Hill,California 94523. On your check or money order, nlease reference account No. 123456-Miss. .For specific title information please refer to the library's website hn�/hq«j�-.ccclib.org, you can also use our automated telephone service by calling 1-800-9134-INTO and enter 2. If you have any questions, please call or visit your local branch during regular business hours. Branch information is located on the reverse side ol'this letter. Edward J.Siewert Collection Manager Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof,this office will assume this debt is valid. If you notify this office in writing within 30 clays from receiving this notice, this office will obtain verification of the debt or obtain a copy of a .judgment and mail you a copy of such judgment or verification. If you recjuest.ofthis office in writing within 30 days afier receiving Ihis notice, this office will provide you with the name and address of the original creditor, if different from the current creditor. 2RUUNIQ1012o1 .. Sample A 0:\Contracts\2007\Unique Management Services, Inc\Samples A-E.doc Sample B l•.._.I._I.`c.l t�nl nor IN .. _ .. .. ;.. Illllllllllllllllllllllllll VIIIVIII Illi 1111. . - 1 19 I:Maple st / „ Jeffersonville IN 4713p NC.t t Z.n1Zu t� RI TI IRN SERVICE RI QUESTED CC11�B 1 tions .E Novunber 4,2001 CONTRA COSTA COUNTY LIBRARY 1750 Oak Park Blvd 134.51'(15-1262 328(122 15709 PLEASANT 1111-1,CA 94523-4.197 II �II � III��IIIIIIIIIIIIIIIIIIIIIpill 11111I II I„.I,.ISI,III, IIII,I„II,I „II,IIIIIII To The 1'arents/6uardian Of Lauren I ligdon 119 L Maple St Jeflcrsonville IN 47130-3439 ACCOUnt It 123456-Miss Amount: S 100.00 Past Due Balance . •••Udath Puniun Aad RClltln Wish Paywun... . Account It: 123456-Miss Contra Costa County Library Total Due:$ 100.00 '['his is an attempt to collect a debt and any information obtained will be used for that purpose. We notified you approximately three weeks ago that you had an overdue balance with the Contra Costa County Library. To date,the Library has not yet notified its that you have cleared your account. Should you ignore this notice,we want to bring certain facts to your attention. We may request permission Front the Library to report this debt to national Credit Repaying Agencies. Notice of your non-payment may be made available to credit grantors and others who may seek your credit history. Once reported,this adverse information can stay on your record for up to seven years! Why allow this to happen? We feel sure you will agree that this response is the best solution. If you have past due materials,they can be returned to any Contra Costa County Library location. If you have misplaced the material,or if you have returned the material and have not yet paid your fines,please send check or money order in the amount of$100.00 to: Contra Costa County Library Circulation Manager, 1750 Oak Park Boulevard, Pleasant Hill,California 94523. On your check please reference your account No. 123456-Miss. For specific title information please refer to the library's website hitt.//www.ccclib.org,you can also use our automated telephone service by calling 1-800-984-INFO and enter 2. If you have any questions,please call or visit your local branch during regular business hours. Branch information is located on the reverse side of this letter. Edward J.Siewert Collection Manager Unless you notify this office within 30 clays after receiving this notice that you dispute the validity of this debt or any portion thereof,this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days after receiving this notice,this office will provide you with the name and address.of the original creditor, if different f-om file current creditor. 2rin1N1)ail?56? Sample B 0:\Contracts\2007\Unique Management Services,Inc\Satnples A-E.doc 0 Sample C 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII - 119 Y N•tal,Ie Sl !�T(i(•r.r.)�ifi l Jcticr5rnlvillc IN 47130 !f Itl:l'IIkNSI:ItVIC'I kl'lllll:ti'1f.l) UNIQUECOectioilsll November 4,200.1 . CON I'RA COSTA COUNTY 1.111RARY 1750 Oak Park Blvd 1345105-1263 329023 15710 PLEASANT 1 III.1..CA 94523-4497 Itlttllr��lt��llr�llrllr����ll��l�tlt�ll�l�l����tlll�l�t�llttl IIJr.11,11.161IN11.11.11.11IN1.L.111[fill If111.11111tt11..11 'fu 7"he I'arcnts/Guardiiut OI•Lauren I ligdon 119 G Maple St Jeffersonville IN 47130-3439 Account.4 1234561-Miss Amount: S 100.00 —Past Due Balance Detach Upper 11o,lion And Ito, Will,I'aymuni—! . Account 11: 123456-Miss Contra Costa County Library Total Due:$ 100.00 This is an attempt to collect a debt and any information obtained will be used for that purpose. The Contra Costa County Library has notified us that you have responded recently to reduce your past title balance. The I.ibrary has asked its to contact you again because there is still it$100.00 past due balance. 1'he$100.00 owed is still an open collection account that must be resolved to clear your record. If you are unable to pay the entire amount,please contact the Contra Costa County Circulation Manager, 1750 Oak Park Boulevard,Pleasant Hill,California 94523. The Circulation Manager will he happy to work with you to resolve this debt over time. If the Contra Costa County Library does not hear from you, they will have no choice but to assume you,do not plan to resolve the outstanding debt. I urge you to send a check or money order in the amount of$100.00 to the Contra Costa County Library Circulation Manager, 1750 Oak[lark Boulevard,Pleasant 1-lilt,California 94523. On your check please reference your account No. 123456-Miss. For specific title information please refer to the library's website h11p:IIww",ccclib_t)r,,, you can also use our automated telephone service by calling 1-800-984-INFO and enter 2. If you have any questions, please call or visit your local branch during regular business hours. Branch information is located on the reverse side ol'Ihis letter. ?dward.I.Siewert Collection Manager Unless you notify Ihis.otiice within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof,this office will assume this debt is valid. If you notify this office in writing within 30 clays front receiving this notice, this otf•ice will obtain verification of the debt or ohtain a copy of a judgment and utad you it copy ol'such.judgment or verification. If you request of this office in writing within 30 days atter receiving this notice,this office will provide you with the name and address of the original creditor,if different from the current creditor. �r,a�n;yla;anr Sample C 0:\Contracts\2007\Unique Management Services, Inc\Samples A-E.doc Sample D 111111 IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII . 119 E Maple St 7efTerstmville IN 47130 Nl.11•If)riftl RETURN SFILVI('t:RIQIIESTf.:D Collecti•Orls.. November 4,2004 CONTRA COSTA COUNTY LIBRARY 1750 Oak Park Blvd 1345105-1264 328024 15711 PLEASANTHILL CA 94523-4497 To'I'he Parents/Guardian Of Lauren I ligdon 119 L Maple St Jeffersonville IN 47130-3439 Account t! 123456-Miss Amount: $ 100.00 Past Due Balance .*.Detach Upiwi Poiliou And Rcnlm With Payment••• Account It: 123456-Miss Contra Costa County Library Total Due: $ 100.00 This is an attempt to collect a debt and any information obtained will be used for that purpose. Your account is now in our Credit Reporting Department. Your name may he reported to the nation's largest Credit Reporting Agencies. Notice of non-payment may be made available to credit grantors including car dealers, finance companies, banks, department stores and others %vho may seek your credit history. Once reported, this adverse infitrnlation can stay on your record for tip to seven years! Why allow this to happen? Return past due materials to any Contra Costa County Library location and pay the outstanding fines/fees. If you have misplaced the materials; or if you have returned the materials and have not yet paid your tines, please mail your check or money order in the amount of $100.00 to: Contra Costa County Library Circulation Manager, 1750 Oak Park boulevard, Pleasant Hill, California 94523. On your check please reference your account No. 123456-Miss. For specific title information please refer to the library's website http://www.ccclitLo ,you can also use our automated Telephone service by calling 1-800-984-INFO and enter 2. If you have any questions,please call the Circulation Manager during regular business hours at 925-927-3257.. Edward J. Siewert Collection Manager Unless you notify this office within 30 days after receiving this notice that you dispute the validity of this debt or any portion thereof, this office will assume this debt is valid. If you notify this office in writing within 30 days from receiving this notice, this office will obtain verification of the debt or obtain a copy of a judgment and mail you a copy of such judgment or verification. If you request of this office in writing within 30 days ager receiving this notice, this office will provide-you with - the name and address of the original creditor, if different from the current creditor. 2ROL!NIQ101N A Sample D O:\Contracts\2007\Unique Management Services,Inc\Samples A-f.doe xUNI UE'MANAGEMENT SERVICES INC.. Sample. ".. F .. r... ..,..... .:::::::..:.....:.::::.' r mple ngrS ipt: a .r I �' "This is may I.speak with please " (If patron is a minor, ask for the parent/guardian ) ➢ If requested person is not available, advise, "Can I leave a message? Please have call the .Contra Costa County Library. The number is " ➢ If requested person is available and you are asked why you are calling, respond, "1 am calling on behalf of the Contra Costa County Library. " WHEN YOU I4AVE THE RIGHT PERSON OR THE SPOUSE ON THE PHONE: "My name is Fin with Unique National Collections." Contra Costa "I'm calling regarding some materials that you have checked out from the Coun Library. " "Have you returned the past due materials and paid your fines•yet?" IF YES, ASK: y "When were the materials returned?" ➢ "Which location? Respond with something like: "Thank you very much. Your cooperation will make the libraries better for everyone. " IF.NO, ASK: ➢ When can we expect to receive the past due materials and payment for your fines?" ➢. Listen and probe to obtain clear commitment (emphasize that materials must be paid for if not returned and all fines must be paid). Determine when and where materials will be returned aid fines paid. Use sample questions below. SAMPLE QUESTIONS ➢ "Do you still have all the past due materials?" .^ Will all the past due materials be returned ori that date?" ➢ "Will you be paying for the lost materials on that date?" ➢ `.`Will you also be paying your fines on that same date?" ➢ "To which library location will you be returning the materials and paying the fines? THOSE PLANNING TO TAKE CARE OF IT: "As long as you return or pay,for the materials and fines within the next telt drys, no farther action will be taken against you. Your cooperation will make our libraries better for everyone. Thank you very much. " THOSE WHO ARE NON-COMMITTAL: "Should.you not return or pay for the materials and fines, we will request permission from the library to report ihi.s debt to National Credit Reporting Agencies. This adverse information can .stay on your record tip to .seven. years. However, as long as you return or pay for the materials and pay your fines within the next ten days, no further.action will be taken against you. .Your cooperation will make our libraries better for everyone. Thankyou very much. " Sample E 0:\Contracts\2007\Unique Management Services,Inc\Samples A-E.doc