REQUEST FOR PROPOSALS For Bad Debt Collection Services For ...

Request for Proposals No. 1204-946-33-3797 Bad Debt Collection Servicesexists between any state statute or federal law the most restrictive terms shallapply.10.27 Contract Form: SAHA will not execute a contract on the successful proposer’sform. Contracts will only be executed on SAHA’s form. By submitting aproposal, the successful proposer agrees to this condition. However, SAHA willconsider any contract clauses that the proposer wishes to include therein, but thefailure of SAHA to include such clauses does not give the successful proposerthe right to refuse to execute SAHA’s contract form. It is the responsibility ofeach prospective proposer to notify SAHA, in writing, with the proposal submittalof any contract clauses that he/she is not willing to include in the final executedcontract. SAHA will consider such clauses and determine whether or not toamend the Contract.10.28 Force Majeure: Neither SAHA nor Contractor shall be held responsible fordelays or default caused by fire, flood, riot, acts of God or war where such causewas beyond, respectively, SAHA or Contractor’s reasonable control. Contractorshall make all reasonable efforts to remove or eliminate such a cause of delay ordefault and shall, upon the cessation of the cause, diligently pursue performanceof its obligations under this Agreement.10.29 Most Favored Customer: The Contractor agrees that if during the term of anyresulting contract, the Contractor enters into any agreement with any othergovernmental customer, or any non-affiliated commercial customer by which itagrees to provide equivalent services at lower prices, or additional services atcomparable prices, the resulting Contract will at SAHA’s option, be amended toaccord equivalent advantage to SAHA.10.30 Lapse in Insurance Coverage: In the event Contractor fails to maintaininsurance as required by a resulting contract, the Contractor shall immediatelycure such lapse in insurance coverage at the Contractor’s expense, and paySAHA in full for all costs and expenses incurred by SAHA under this Contract asa result of Contractor’s failure to maintain insurance as required, including costsand reasonable attorney’s fees relating to SAHA’s attempts to cure such lapse ininsurance coverage. Such costs and attorney fees, not to exceed fifteen hundredand 00/100 dollars ($1,500.00), shall be automatically deducted from monies orpayments owed to Contractors. Moreover, SAHA shall retain from monies orpayments owed to Contractor by SAHA five percent (5%) of the value of theContract and place this retainage into an account to cover SAHA’s potentialexposure to liability during the period of such lapse. This retainage shall be heldby SAHA until six (6) months after the term of the resulting contract has ended orhas otherwise been terminated, cancelled or expired and shall be released if noclaims are received or lawsuits filed against SAHA for any matter that shouldhave been covered by the required insurance.HOUSING AUTHORITY OF THE CITY OF SAN ANTONIO, TEXAS (210-477-6059)Page 29