INFORMATION PACKET FOR: REQUEST FOR PROPOSAL for DEBT COLLECTION SERVICES OFFERED BY MASON COUNTY CLERK OF SUPERIOR COURT 417 N. 4 TH St. P. O. Box 340 Shelton, WA 98584 360-427-9670 x346 Bid Delivery: Clerk of the Board of County Commissioners 411 N 5 th, Building 1 Shelton, WA 98584 Before 11:00 a.m., October 11, 2012 Opening: Where: Commissioner s Hearing Room 411 N 5 th St, Building 1 Shelton, WA 98584 Date: October 11, 2012 On or after 11:00 a.m. RFP-Collection services 1
MASON COUNTY CLERK FOR SUPERIOR COURT REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES This is a request for proposal (RFP) and is not an offer to contract. Instead, this RFP seeks to establish a common framework within which a contract may be reached between the Proposer and Mason County. Further, this RFP and your firm s response will be the basis for and be incorporated into any legal contract between the County and the successful Proposer. Proposals submitted in response to the RFP shall represent a firm offer to contract with the County on the terms and conditions described in the proposals. Each representation of fact and promise of future performance therein will be incorporated into the contract as a warranty or covenant. A. GENERAL PROGRAM DESCRIPTION The Mason County Superior Court assesses fines, penalties and fees against defendants in criminal cases and in come civil cases for payment to the courts. Failure to pay these fines, penalties and fees has been treated by the court as a separate probation violation necessitating further proceedings before the courts. At this time, these proceedings are so numerous that they have resulted in unacceptable congestion of the court s calendars, and a waste of judicial, prosecutorial and community resources. In the exercise of their responsibility to provide for the efficient, orderly and effective administration of justice in Mason County, and to free judicial and County legal resources that are not currently being used efficiently, effectively, or in the best public interest, the Courts have determined to adopt a debt collection model for the collection of certain fines, penalties and fees. B. SCOPE OF WORK The Clerk of the Court is seeking proposals from qualified providers for the provision of an indefinite quantity contract for Debt Collections Services for recovery of monies owed for non-payment of judgments, including but not limited to fines, penalties and fees, in accordance with this scope of work. The Contractor(s) shall do all work and furnish all equipment, labor and materials necessary to collect unpaid judgments assigned to the Contractor by the Clerk of the Court. The Contractor will provide thirty (30) days notice (by letter) to the RFP-Collection services 2
judgment debtor on behalf of the Clerk of the Court prior to assigning the accounts for collection. Contractor will bear all expenses for the producing and mailing of such letter. This final notice will be designed to meet the approval of the Clerk of the Court, and will reflect that payment is to be made to the Clerk of the Court during this thirty-day period. Additional legal action by the Contractor will be taken only after reasonable collection efforts have been made. A staff person of Contractor will be made available to the Clerk of the Court for the purpose of collection preparation. This service will be provided by the Contractor to the Clerk of the Court free of charge. The Clerk of the Court will determine the best time for this latter service to be performed by the Contractor. The Contractor will furnish the Clerk of the Court with an acknowledgment of assigned judgments within a reasonable time following receipt of the same. The acknowledgment shall include an ALPHA-listing by name of judgment debtor, Court-assigned case number, amount assigned, total number of accounts and total dollar amount assigned for collection. Contractor will furnish the Clerk of the Court with a monthly report indicating all accounts currently assigned to Contractor. The report shall be an ALPHA-listing by name of debtor, the Courtassigned case number, dollar amount assigned, any payments (indulging dates received), current balance due, a summary of the collection effort, and current status of each account. This report will also provide a summary of all accounts by account status and the overall percentage of dollars collected on behalf of the Clerk of the Court. Contractor shall warrant that all accounts assigned are handled and processed in strict conformity with all federal, state local laws, ordinances and regulations existing at the time of the collection activity. Those laws include but are not limited to Chapter 19.16 of the Revised Code of Washington (RCW). Chapter 19.86 RCW, RCW 19.16.500, the Federal Fair Debt Collection Practices Act, and all applicable laws and regulations of the United States Postal Service, and the Federal Trade Commission (FTC). Contractor shall also abide by any trade code of ethics. The contractor must agree to conduct itself so as not to diminish the goodwill and reputation of the Mason County Superior Court and the Clerk of the Court. The contractor shall maintain a professional and courteous demeanor in conducting collections, and shall assist debtors in understanding the proceedings relating to collection. Collector shall indemnify and hold Mason County, the Clerk of the Court, the Mason County Superior Court, all elected officials, employees and agents of Mason County harmless from and against any and all claims, demands, liabilities, judgments, losses and expenses, including but not limited to court costs and reasonable attorney fees occasioned by, arising out of, related to or in connectin with any negligent or willful action of omission of Contractor or its employees or agents in the performance of the Work herein described and shall RFP-Collection services 3
have the right an duty to defend the above-mentioned persons and entitles from and against all claims, demands, liabilities, judgment. Contractor shall provide to the Clerk of the Court and the County access to the books, documents, papers and records of the contractor which are directly pertinent to the performance of the Work herein described, and Contractor shall allow inspection of such information upon request of the Clerk of the Court. In the event that an account is deemed un-collectible by the Contractor, it shall be returned to the Clerk of the Court with an explanation why it is un-collectible. For the duration of the contract, Contractor shall maintain in full force and effect, and shall provide evidence of all insurance required by Mason County, including but not limited to evidence of insurance against personal injury liability, comprehensive general liability, worker s compensation and automobile liability insurance. Additionally, Contractor shall provide a fidelity bond in the sum of at least $100,000.00. Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the Contractor and returned to the Mason County Risk Manager. Additionally, the Contractor must carry professional liability insurance with respect to the delivery of requested services. The Contractor will agree to provide the Risk Manager of the County with a copy of the certificate evidencing this insurance coverage. In doing the Work herein described, Contractor shall not discriminate on the basis of race, religion, sex, sexual orientation, age, national origin or disability. The term of the contract shall be the date of issuance of the Notice to Proceed through a two-year term. At the sole option of the Clerk of the Court, the contract may be extended for one (1) additional year. The prices stated in the proposal shall be legally binding for the term of the contract, including renewal periods. The Contractor shall not enter into any sub-contracts, retain consultants, or assign, transfer, convey or otherwise dispose of the ensuing contract or any or all of its rights, title or interest, or its power to execute such contract to any person, company, or corporation without the written consent of the Clerk of the Court. The Contractor must agree that it will at all times faithfully, industriously and to the best of its ability, experience and talents, perform all of the duties and RFP-Collection services 4
obligations that may be required of it pursuant to the express and implicit terms of the resulting contract to the reasonable satisfaction of the Clerk of the Court. The Contractor must agree to comply with, abide by and be bound to the terms and conditions of the resulting contract to be entered into with the Clerk of the Court. C. PROPOSAL REQUIREMENTS 1. Schedule Sealed proposals shall be submitted to: Clerk of Board, Mason County Commissioners, 411 N. 5 th, Building 1, Shelton, WA 98584, or hand delivered to: 411 N. 5 th Building 1, Shelton, 98584 no later than 11:00 a.m., October 11, 2012. Proposals received after that time will not be considered. Sealed proposals will be then be opened and read aloud in the Mason County Commissioners' Chambers. 2. Qualifications of Proposer The County requires submission with the proposal of supporting data regarding the qualifications of the Proposer in order to determine whether they are a qualified, responsible contractor. The Proposer must furnish the following: a. Satisfactory evidence that the Proposer has been in existence as a going concern in excess of three (3) years and possesses not less than five (5) years actual operating experience as a debt collection service. b. Evidence that the Proposer is licensed to do business in the State of Washington and Mason County, or a sworn statement that it will take all necessary actions to become so licensed not less than two (2) weeks prior to commencement of rendering services, if its proposal is accepted. c. Satisfactory evidence that the Proposer has the facilities, equipment, and qualified personnel necessary to perform the contracted services. d. An overview of the Proposer, emphasizing its qualifications and major organizational strengths. e. A statement of the Proposer s experience in serving as a provider of Debt Collection Services. f. Identify the specific individuals who would be assigned to work with the Clerk of the Court and specify which person would be the primary contact person with the Clerk of the Court. g. Provide an estimate of the time that will be required to begin Debt Collection Services a outlined in the Scope of Work. RFP-Collection services 5
h. Provide the cost for rendering of the services and clearly specify if any additional expenses will be charged to the Clerk of the Court in connectin with this Proposal. i. The Clerk of the Court requires that each Proposer be an Equal opportunity Employer. And that the Proposer complies fully with all applicable government regulations regarding nondiscriminatory employment practices. 3. Proposal Forms The proposal will be submitted four (4) sections: a. Form 1 shall contain the name, address and phone number of the Proposer, and name of a designated contact person for this proposal b. Form 2 shall state the information in Section B. c. Form 3 shall contain all information requested in Section C.2 of this request pertaining to qualifications of Proposer. d. Form 4 shall contain a list of references. List of five (5) references for who you have performed work in the last five (5) years. 4. Rights and Options of the County The County may: a. Decline to enter into agreement. b. Enter into more than one agreement, under such respective terms and conditions as may be as may be tendered by the County and in compliance with bidding laws. c. Request that the proposers present further information within a specified time period in order to complete evaluations. D..PERFORMANCE REQUIREMENTS 1. Services and Reports The Contractor shall provide all equipment, labor and materials necessary to effectively collect unpaid judgments assigned to it. Contractor shall handle all assigned accounts in an appropriate manner and in compliance with all applicable federal, state and local laws and regulations, and in compliance with any trade association code of ethics. Contractor shall provide monthly, userfriendly reports reflecting the status of all assigned accounts by name of debtor, case number, amount assigned, and current status, as well as the total number of accounts assigned and the total amount assigned for collection. RFP-Collection services 6
2. Permits and Licenses Contractor will acquire all necessary permits and licenses prior to commencement of the contract, or immediately as shall thereafter be required. 3. Insurance and Fidelity Bond Contractor shall provide at the time of contract execution and maintain at all times, a valid Fidelity Bond in a form provided by the County, and in an amount equal to or exceeding $100,000.00. The bond shall be issued for a period commensurate wit the term of the contract, and the Contractor shall provide a new bond, or evidence satisfactory to the County of its bond renewability, not less than 90 calendar days prior to the expiration of the bond than in effect. Contractor shall provide and maintain in effect throughout, the term of the contract personal liability, comprehensive general liability, worker s compensation and automobile liability insurance in amounts prescribed by the County. Contractor shall protect, indemnify and save harmless the charges and cost (including court costs and reasonable attorney fees) for injury to or death or persons and injury to or destruction of property suffered or alleged to have been suffered as a result of any act or omission on the part the Contractor or others whose services are engaged by the Contractor, or anyone directly or indirectly employed or controlled thereby in the course of performance of the work provided for in the contract, except as such liability must remain with the County by operation of statute. 4. Non-discrimination Contractor shall not discriminate on the basis of race, sex, age, religion, national origin, sexual orientation or disability in regard to collection efforts. RFP-Collection services 7
E. PROPOSAL EVALUATION Proposals will be evaluated based upon the following. 1. Experience 25 pts. Experience and reliability of the Proposer s firm will be considered in the evaluation process. Therefore, the Proposer should submit the number of years it has provided Debt Collection Services. Quality, quantity, complexity and nature of the firm s experience in providing Debt Collection Services to institutions similar to the Court as evidenced by portfolio. The Proposer s portfolio should demonstrate the firm s innovative and outstanding work as well as the firm s/individual s unique qualifications to provide these services. The Proposer must provide information concerning its net recovered percentages for collections activity within the State of Washington. 2. Organization s Qualifications 25 pts. The Proposer s approach in methodology with respect to the anticipated scope of work as evidenced in the Proposer s proposal, which demonstrates maximum comprehension of and ability to provide such services. The ability, availability, and experience of the employees of the Proposer to be assigned to accomplish the work. 3. References 25 pts. Provide client references, including the name and address of the company/institution, contact person and telephone number. 4. Cost 25 pts. Provide the fee structure for the variety of collection services the Proposer provides. Indicate all costs that may be associated with providing services. Provide the structure for the division of any funds recovered by the Proposer as a result of a referral by the Clerk of the Court to the Proposer. RFP-Collection services 8
MASON COUNTY CLERK FOR SUPERIOR COURT REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 1: PROPOSER INFORMATION Name: Address: Phone: Contact Person: RFP-Collection services 9
MASON COUNTY CLERK FOR SUPERIOR COURT REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 2: PROPOSED PRICE Date: From: Hereinafter called Proposer To: Clerk of the Court The undersigned Proposer, in accordance with the applicable specifications and related documents prepared by the Clerk of the Court and having familiarized itself with the local conditions affecting the cost of the Debt Collection Services at the place where the work is to be done and with the instructions to Proposers, General and Special Conditions, Form of Agreement and other Proposal Documents, and having examined the location of the proposed work and considered the availability of labor and materials, hereby proposes and agrees to perform everything required to be performed, and to provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service necessary to perform and complete in a workmanlike and timely manner all the work required for Debt Collection Services for the Clerk of the Court, in accordance with the Scope of Work, all in strict conformance with the Proposal and other contract documents, for the sum hereinafter specified. For the Sum of: (ATTACH PROPOSER S PRICING PROPOSAL FOR ALL DEBT COLLECTIONS SERVICES TO THIS FORM) RFP-Collection services 10
MASON COUNTY CLERK FOR SUPERIOR COURT REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 3: STATEMENT OF QUALIFICATIONS List of Attach to this form all information specified and requested in Section C.2: Qualifications of Vendor. RFP-Collection services 11
MASON COUNTY CLERK FOR SUPERIOR COURT REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 4: REFERENCES Name of Court or Company: Address: Contact Person & Title: Phone Number: Name of Court or Company: Address: Contact Person & Title: Phone Number: Name of Court or Company: Address: Contact Person & Title: Phone Number: RFP-Collection services 12
Name of Court or Company: Address: Contact Person & Title: Phone Number: Name of Court or Company: Address: Contact Person & Title: Phone Number: Name of Court or Company: Address: Contact Person & Title: Phone Number: RFP-Collection services 13