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HomeMy WebLinkAbout72-23 RESOLUTION113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 Resolution: 72-23 File Number: 2023-510 RFP 22-11, RAY KLEIN, INC: A RESOLUTION TO AWARD RFP 22-11 AND AUTHORIZE A ONE YEAR CONTRACT WITH RAY KLEIN, INC. D/B/A PROFESSIONAL CREDIT SERVICE FOR ACCOUNT COLLECTION SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR (4) ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS; Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP 922-11 and authorizes a one year contract with Ray Klein, Inc. d/b/a Professional Credit Service for account collection services with automatic renewals for up to four (4) additional one year terms. PASSED and APPROVED on March 21, 2023 Page 1 Attest: CX' R K FA Kara P NYton, City Cle : Treasurer ` rE vii fr,IG 11.'�SS110VPl`, CITY OF W41iFAYETTEVILLE ARKANSAS MEETING OF MARCH 21, 2023 TO: Mayor Jordan and City Council THRU: Paul Becker, Chief Financial Officer FROM: Cheryl Partain, Utilities Financial Services Mgr DATE: SUBJECT: RFP 22-11, Ray Klein, Inc. - Collection Services RECOMMENDATION: CITY COUNCIL MEMO 2023-510 Staff recommends awarding Request for Proposal (RFP) 22-11 and authorizing a contract for a period of one (1) year with an option for four (4) automatic annual renewals for a total possible contract term of five (5) years to Ray Klein, Inc. DBA Professional Credit Service for collection services for the City of Fayetteville. BACKGROUND: The City of Fayetteville contracts for collection services for water/sewer and trash and recycling past due utility account bills and for past due miscellaneous City invoices processed by accounting. Past due utility account bills and miscellaneous City invoices are dropped to bad debt and sent to the collection agency monthly. DISCUSSION: The RFP proposals were received for RFP 22-11, Collection Services on November 29, 2022. The RFP selection committee selected three of the seven collection companies that submitted proposals for interviews and demos of their collection software. On January 5, 2023 the interviews and demos of the collection software were done, and the Collection Services RFP selection committee selected Ray Klein, Inc. DBA Professional Credit Service for collection services for the City. Professional Credit Service commission pricing is a flat fee and is not based on the age of the account collected by the agency that has been charged in the past. The pricing for both Primary Collections and Customer Payments Made Directly to the City is 25% of the balance of the account. This fee is lower that what the City is currently paying. Having this flat fee rather than a tiered fee based on the age of the account will be a better value for the City to have a consistent, lower rate than a tiered pricing system. BUDGET/STAFF IMPACT: Funds are available within the Water/Sewer Operational Funds and Recycling and Trash Operational Funds for the cost of the bad debt expenditure. ATTACHMENTS: SRF - Ray Klein, Inc. - Credit Services, RFP 22-11, Contract - Collection Services - Signed, RFP 22-11, Appendix A - Scope of Work, RFP 22-11, Appendix B - City RFP, RFP 22-11, Appendix C - Ray Klein Submittal, RFP 22-11, Appendix D - Certificate of Insurance, RFP 22-11, Appendix E - Bonding Certificate and Licensing Mailing address: 113 W. Mountain Street www.fayetteville-ar.gov Fayetteville, AR 72701 City of Fayetteville, Arkansas 113 West Mountain Street Fayetteville, AR 72701 (479) 575-8323 - Legislation Text File #: 2023-510 RFP 22-11, Ray Klein, Inc. - Collection Services A RESOLUTION TO AWARD RFP 22-11 AND AUTHORIZE A ONE YEAR CONTRACT WITH RAY KLEIN, INC. D/B/A PROFESSIONAL CREDIT SERVICE FOR ACCOUNT COLLECTION SERVICES WITH AUTOMATIC RENEWALS FOR UP TO FOUR (4) ADDITIONAL ONE YEAR TERMS BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF FAYETTEVILLE, ARKANSAS: Section 1: That the City Council of the City of Fayetteville, Arkansas hereby awards RFP #22-11 and authorizes a one year contract with Ray Klein, Inc. d/b/a Professional Credit Service for account collection services with automatic renewals for up to four (4) additional one year terms. Page 1 City of Fayetteville Staff Review Form 2023-510 Item ID 3/21/2023 City Council Meeting Date - Agenda Item Only N/A for Non -Agenda Item Cheryl Partain 3/2/2023 UTILITIES FINANCIAL SVCS (710) Submitted By Submitted Date Division / Department Action Recommendation: Staff recommends awarding Request for Proposal (RFP) 22-11 and authorizing a contract for a period of one (1) year with an option to renew for up to four (4) additional one year terms to Ray Klein, Inc. DBA Professional Credit Service for the collection services for the City of Fayetteville. Budget Impact: 5400.710.1810-5319.00/5500.750.5000- 5319.00 Account Number N/A Project Number Budgeted Item? Yes Does item have a direct cost? Yes Is a Budget Adjustment attached? No Purchase Order Number: Change Order Number: Original Contract Number: Comments: Water/Sewer & Recycling and Trash Collection Total Amended Budget Expenses (Actual+Encum) Available Budget Item Cost Budget Adjustment Remaining Budget Fund N/A Project Title $ 353,868.00 353,868.00 353,868.00 Previous Ordinance or Resolution # Approval Date: V20221130 CITY OF FAYETTEVILLE A R KA N KAs CONTRACT FOR PROFESSIONAL SERVICES RFP 22-11, Collection Services between City of Fayetteville, Arkansas and Ray Klein, Inc DBA Professional Credit Service THIS AGREEMENT is executed this 21st day of March 2023, by and between the City of Fayetteville acting by and through its Mayor (hereinafter called CITY OF FAYETTEVILLE or CITY) and Ray Klein, Inc DBA Professional Credit Service (hereinafter called Professional Credit). CITY OF FAYETTEVILLE from time to time requires professional services in connection with the benefits brokerage and consultation services. Professional Credit was selected through RFP 22-11 to provide the scope of work outlined and identified in this contract. Therefore, City and Professional Credit in consideration of their mutual covenants agree as follows: Professional Credit shall serve as the Collection Agency to the CITY in those assignments to which this Agreement applies and shall give consultation and advice to CITY OF FAYETTEVILLE during the performance of services defined in the scope of work. All services shall be performed under the direction of a licensed firm - registered in the State of Arkansas and qualified in the particular field. 1. Contracted parties: a. This agreement shall be binding between all parties. Fees for services shall be provided as identified in appendices. 2. Entire Agreement and Exhibits: This Agreement sets forth the entire agreement and understanding between the parties on the subject matter of this Agreement. Parties shall not be bound by any conditions, definitions, representations or warranties with respect to the subject matter of this Agreement other than those as expressly provided herein. This agreement may be modified only by a duly executed written instrument signed by the City and Professional Credit. a. Appendices included under this agreement include the following and shall govern in the following order. Contract language in this document shall prevail over all exhibits: i. Appendix A: Scope of Work & Fees ii. Appendix B: City's Solicitation identified as RFP 22-11, Collection Services iii. Appendix C: Professional Credit's RFP response iv. Appendix D: Professional Credit's Certificate of Insurance v. Appendix E: Professional Credit's Bonding Certificate and Licensing from the State Board of Collection Agencies RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 1 of 10 — Last Revised: 02.16.23 3. Notices: Any notice required under this Agreement shall be in writing, addressed to the appropriate party at the following addresses: a. City of Fayetteville: Attention: Mayor Lioneld Jordan, 113 W. Mountain, Fayetteville, AR 72701 b. Ray Klein, Inc DBA Professional Credit Service: Attention: Wade Isbell, 400 International Way, Ste. 100, Springfield, OR 97477 4. Fees, Expenses, and Payments: a. Total fees for collection services shall not exceed twenty-five percent (25%) of collected debts which includes the services and reimbursable allocations itemized in Appendix A. Progress payments shall be paid to the Professional Credit as described in Appendix A. i. All services listed in Professional Credit's core services are included in the flat fee and Professional Credit shall not charge any additional fees. b. Payment Terms: All Professional Credit invoices are payable upon approval and due within forty- five (45) calendar days. If a portion of an invoice or statement is disputed by CITY, the undisputed portion shall be paid. CITY OF FAYETTEVILLE shall advise Professional Credit in writing of the basis for any disputed portion of any invoice. CITY shall make reasonable effort to pay invoices within forty-five (45) calendar days of date the invoice is approved. c. Monthly invoices for each calendar month shall be submitted to CITY OF FAYETTEVILLE or such parties as CITY OF FAYETTEVILLE may designate for Collection Agency consistent with Professional Credit's normal billing schedule. Once established, the billing schedule shall be maintained throughout the duration of the Project. Invoices shall be made in accordance with a format to be developed by Professional Credit and approved by CITY OF FAYETTEVILLE. Applications for payment shall be accompanied each month by the updated project schedule as the basis for determining the value earned as the work is accomplished. Final payment for professional services shall be made upon CITY OF FAYETTEVILLE'S approval and acceptance with the satisfactory completion of professional services for the Project. d. Final Payment: Upon satisfactory completion of the work performed under this Agreement, as a condition before final payment under this Agreement, or as a termination settlement under this Agreement, Professional Credit shall execute and deliver to CITY OF FAYETTEVILLE a release of all claims against CITY OF FAYETTEVILLE arising under or by virtue of this Agreement, except claims which are specifically exempted by Professional Credit to be set forth therein. i. Unless otherwise provided in this Agreement or by State law or otherwise expressly agreed to by the parties to this Agreement, final payment under this Agreement or settlement upon termination of this Agreement shall not constitute a waiver of CITY OF FAYETTEVILLE claims against Professional Credit or sureties under this Agreement. 5. Approval of Agent: The City reserves the right to require Professional Credit to replace an assigned agent with another agent of the same company if, in the opinion of the City staff, the agent is not rendering or is incapable of rendering the quality of service and cooperation required. 6. Notices: Any notice required to be given under this Agreement to either party to the other shall be sufficient if addressed and mailed, certified mail, postage paid, delivery, fax or e-mail (receipt confirmed), or overnight courier. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 2 of 10 — Last Revised: 02.16.23 7. Jurisdiction: Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 8. Venue: Venue for all legal disputes shall be Washington County, Arkansas. 9. Freedom of Information Act: City of Fayetteville contracts and documents prepared while performing city contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of Information Act request is presented to the City of Fayetteville, Professional Credit will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. 25-19-101 et. Seq.). Only legally authorized photo copying costs pursuant to the FOIA may be assessed for this compliance. 10. Changes in Scope or Price: Changes, modifications, or amendments in scope, price or fees to this contract shall not be allowed without a prior formal contract amendment approved by the Mayor and the City Council in advance of the change in scope, cost or fees. 11. Omissions: If Professional Credit fails to include or omits an item from the Contract Documents, which was fully anticipated to be included in the Project, thereby necessitating the need for a Change Order, Professional Credit will not receive a fee for work associated with the Change Order. 12.Insurance: Professional Credit shall furnish a certificate of insurance addressed to the City of Fayetteville, showing coverages for the following insurance which shall be maintained throughout the term of this agreement. Any work sublet to major subconsultants Professional Credit shall require the subconsultant to provide the insurance identified. In case any employee engaged in work on the project under this contract is not protected under Worker's Compensation Insurance, Professional Credit shall provide and shall cause each Subcontractor to provide adequate insurance for the protection of such of his employees as are not otherwise protected. a. Professional Credit shall provide to the City certificates as evidence of the specified insurance presented in Appendix D within ten (10) calendar days of the date of this agreement and upon each renewal coverage. b. Subconsultants shall maintain reasonable insurance including but not limited to worker's compensation, auto as applicable, general liability, errors and omissions, etc. 13. Professional Responsibility: Professional Credit will exercise reasonable skill, care, and diligence in the performance of services and will carry out its responsibilities in accordance with customarily accepted professional practices. CITY OF FAYETTEVILLE will promptly report to Professional Credit any defects or suspected defects in services of which CITY OF FAYETTEVILLE becomes aware, so Professional Credit can take measures to minimize the consequences of such a defect. CITY OF FAYETTEVILLE retains all remedies to recover for its damages caused by any negligence of Professional Credit. a. Professional Credit will perform its duties, responsibilities and obligations with the care, skill, prudence and diligence that a prudent collection agency acting in a like capacity and familiar with such matters would use in the conduct of an enterprise of a like character and with like aims under the circumstances prevailing. b. Conflict of Interest: Professional Credit's engagement under this Agreement will not prevent it from taking similar engagements with other clients. Professional Credit will, nevertheless, exercise care and diligence to prevent any actions or conditions which could result in a conflict of interest. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 3 of 10 — Last Revised: 02.16.23 c. Subcontractors: Professional Credit may cause another person or entity, as a subcontractor of Professional Credit to provide some of the services required to be performed by Professional Credit hereunder; provided that Professional Credit shall remain responsible for all acts and omissions of any such subcontractors, each of which shall be bound by Professional Credit's obligations under this Agreement. Professional Credit shall seek prior written approval from the City for any subcontractors providing substantive consulting, professional or managerial services. Prior written approval shall not be required for clerical, office, secretarial, IT back-up, administrative or similar support services. 14. Responsibility of the City of Fayetteville a. CITY OF FAYETTEVILLE shall, within a reasonable time, so as not to delay the services of Professional Credit: i. Provide full information as to the requirements for the Project. ii. Assist Professional Credit by placing at Professional Credit's disposal all available information pertinent to the assignment including previous reports and any other data relative thereto. iii. Assist Professional Credit in obtaining access to property reasonably necessary for Professional Credit to perform its services under this Agreement. iv. Examine all studies, reports, sketches, cost opinions, proposals, and other documents presented by Professional Credit and render in writing decisions pertaining thereto. v. Review all documents and provide written comments to Professional Credit in a timely manner. vi. The City of Fayetteville's Utility Financial Services (UFS) Manager is the project representative with respect to the services to be performed under this Agreement. The UFS Manager shall have complete authority to transmit instructions, receive information, interpret and define policies and decisions with respect to materials, equipment, elements and systems to be used in the Project, and other matters pertinent to the services covered by this Agreement. 15. Period of Service: This Agreement will be effective March 21, 2023 through March 21, 2024 and renewed as follows, authorizing services hereunder. a. The City agrees to reserve the right to automatically renew the contract for four (4) additional one (1) year terms. Renewals shall be automatic unless either Professional Credit or the City notifies the other of its intent to terminate within ninety (90) calendar days prior to the end of the contract period. b. The provisions of this Agreement have been agreed to in anticipation of the orderly progress of the Project through completion of the services stated in the Agreement. Professional Credit will proceed with providing the authorized services immediately upon receipt of written authorization from CITY OF FAYETTEVILLE. Said authorization shall include the scope of the services authorized and the time in which the services are to be completed. The anticipated schedule for this project, if applicable, is included within Appendix A. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 4 of 10 — Last Revised: 02.16.23 16. Debarment Certification: Professional Credit hereby provides debarment/suspension certification indicating compliance with the below Federal Executive Order. Federal Executive Order (E.O.) 12549 "Debarment and Suspension" requires that all contractors receiving individual awards, using federal funds, and all sub -recipients certify that the organization and its principals are not debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded by any Federal department or agency from doing business with the Federal Government. Professional Credit hereby attests its principal is not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency. 17. Termination: a. This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this Agreement through no fault of the terminating party, provided that no termination may be effected unless the other party is given: i. Not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. b. This Agreement may be terminated in whole or in part in writing by CITY OF FAYETTEVILLE for its convenience, provided that Professional Credit is given: i. Not less than thirty (30) calendar days written notice (delivered by certified mail, return receipt requested) of intent to terminate, ii. An opportunity for consultation with the terminating party prior to termination. c. If termination for default is affected by CITY OF FAYETTEVILLE, an equitable adjustment in the price provided for in this Agreement shall be made, but i. No amount shall be allowed for anticipated profit on unperformed services or other work, ii. Any payment due to Professional Credit at the time of termination may be adjusted to cover any additional costs to CITY OF FAYETTEVILLE because of Professional Credit's default. d. If termination for default is affected by Professional Credit, or if termination for convenience is affected by CITY OF FAYETTEVILLE, the equitable adjustment shall include a reasonable profit for services or other work performed. The equitable adjustment for any termination shall provide for payment to Professional Credit for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by Professional Credit relating to commitments which had become firm prior to the termination. e. Upon receipt of a termination action, Professional Credit shall: i. Promptly discontinue all affected work (unless the notice directs otherwise), ii. Deliver or otherwise make available to CITY OF FAYETTEVILLE all data, drawings, specifications, reports, estimates, summaries and such other information and materials as may have been accumulated by Professional Credit in performing this Agreement, whether completed or in process. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 5 of 10 — Last Revised: 02.16.23 f. Upon termination under sections above, CITY OF FAYETTEVILLE may take over the work and may award another party an agreement to complete the work under this Agreement. g. If, after termination for failure of Professional Credit to fulfill contractual obligations, it is determined that Professional Credit had not failed to fulfill contractual obligations, the termination shall be deemed to have been for the convenience of CITY OF FAYETTEVILLE. In such event, adjustments of the agreement price shall be made as provided in this agreement. 18. Delays a. In the event the services of Professional Credit are suspended or delayed by CITY OF FAYETTEVILLE or by other events beyond Professional Credit's reasonable control, Professional Credit shall be entitled to additional compensation and time for reasonable documented costs actually incurred by Professional Credit in temporarily closing down or delaying the Project. b. In the event the services are suspended or delayed by Professional Credit, City shall be entitled to compensation for its reasonable costs incurred in temporarily closing down or delaying the project. The City does not agree to waive its right to claim (in addition to direct damages) special, indirect, or consequential damages, whether such liability arises in breach of contract or warranty, tort (including negligence), strict or statutory liability, or any other cause of action. 19. Rights and Benefits a. Professional Credit's services shall be performed solely for the benefit of CITY OF FAYETTEVILLE and not for the benefit of any other persons or entities. 20. Dispute Resolution a. Scope of Paragraph: The procedures of this Paragraph shall apply to any and all disputes between CITY OF FAYETTEVILLE and Professional Credit which arise from, or in any way are related to, this Agreement, including, but not limited to the interpretation of this Agreement, the enforcement of its terms, any acts, errors, or omissions of CITY OF FAYETTEVILLE or Professional Credit in the performance of this Agreement, and disputes concerning payment. b. Exhaustion of Remedies Required: No action may be filed unless the parties first negotiate. If timely Notice is given as described in this agreement, but an action is initiated prior to exhaustion of these procedures, such action shall be stayed, upon application by either party to a court of proper jurisdiction, until the procedures in this agreement have been complied with. c. Notice of Dispute i. For disputes arising prior to the making of final payment promptly after the occurrence of any incident, action, or failure to act upon which a claim is based, the party seeking relief shall serve the other party with a written Notice. ii. For disputes arising within one year after the making of final payment, CITY OF FAYETTEVILLE shall give Professional Credit written Notice at the address listed in this agreement within thirty (30) calendar days after occurrence of any incident, accident, or first observance of defect or damage. In both instances, the Notice shall specify the nature and amount of relief sought, the reason relief should be granted, and the appropriate portions of this Agreement that authorize the relief requested. iii. Negotiation: Within seven (7) calendar days of receipt of the Notice, the Project Managers for CITY OF FAYETTEVILLE and Professional Credit shall confer in an effort to RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 6 of 10 — Last Revised: 02.16.23 resolve the dispute. If the dispute cannot be resolved at that level, then, upon written request of either side, the matter shall be referred to the President of Professional Credit and the Mayor of CITY OF FAYETTEVILLE or his designee. These officers shall meet at the Project Site or such other location as is agreed upon within 30 calendar days of the written request to resolve the dispute. 21. Sufficient Funds: The CITY represents it has sufficient funds or the means of obtaining funds to remit payment to Professional Credit for services rendered by Professional Credit. 22. Publications: a. Recognizing the importance of professional development on the part of Professional Credit employees and the importance of Professional Credit's public relations Professional Credit may prepare publications, such as technical papers, articles for periodicals, promotional materials, and press releases, in electronic or other format, pertaining to Professional Credit's services for the Project. Such publications will be provided to CITY OF FAYETTEVILLE in draft form for CITY OF FAYETTEVILLE's advance review. CITY OF FAYETTEVILLE shall review such drafts promptly and provide CITY OF FAYETTEVILLE's comments to Professional Credit, CITY OF FAYETTEVILLE may require deletion of proprietary data or confidential information from such publications, but otherwise CITY OF FAYETTEVILLE will not unreasonably withhold approval. Approved materials may be used in a variety of situations and do not require additional review or approval for each use. The cost of Professional Credit's activities pertaining to any such publication shall be for Professional Credit's account. 23. Indemnification: a. Professional Credit shall indemnify, hold harmless and, not excluding the City's right to participate, defend the City and any of its officers, or employees from and against all liabilities, claims, actions, damages, losses and expenses, including without limitation reasonable attorneys' fees and costs, arising out of or resulting in any way from the performance of professional services for the City in Professional Credit's capacity as a broker/agency, and caused by any willful or negligent error, omission, or act of Professional Credit or any person employed by it or anyone for whose acts Professional Credit is legally liable. 24. Additional Responsibilities of Professional Credit: a. Review, approval, or acceptance of design drawings, specifications, reports and other services furnished hereunder by CITY shall not in any way relieve Professional Credit of responsibility for the technical adequacy of the work. Review, approval or acceptance of, or payment for any of the services by CITY shall not be construed as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement. b. Professional Credit shall be and shall remain liable, in accordance with applicable law, for all damages to CITY OF FAYETTEVILLE caused by Professional Credit's negligent performance, except beyond the Professional Credit's normal standard of care, of any of the services furnished under this Agreement, and except for errors, omissions or other deficiencies to the extent attributable to CITY OF FAYETTEVILLE or CITY OF FAYETTEVILLE-furnished data. c. Professional Credit's obligations under this clause are in addition to Professional Credit's other express or implied assurances under this Agreement or State law and in no way diminish any other rights that CITY OF FAYETTEVILLE may have against Professional Credit for faulty materials, equipment, or work. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 7 of 10 — Last Revised: 02.16.23 25. Audit and Access to Records: a. Professional Credit shall maintain books, records, documents and other evidence directly pertinent to performance of work under this Agreement in accordance with generally accepted accounting principles and practices consistently applied in effect on the date of execution of this Agreement. b. Professional Credit shall also maintain the financial information and data used by Professional Credit in the preparation of support of the cost submission required for any negotiated agreement or change order and send to CITY OF FAYETTEVILLE a copy of the cost summary submitted. CITY OF FAYETTEVILLE, or any of their authorized representatives shall have access to all such books, records, documents and other evidence for the purpose of inspection, audit and copying during normal business hours. Professional Credit will provide proper facilities for such access and inspection. c. Records shall be maintained and made available during performance on assisted work under this Agreement and until three years from the date of final payment for the project. In addition, those records which relate to any controversy arising out of such performance, or to costs or items to which an audit exception has been taken, shall be maintained and made available until three years after the date of resolution of such appeal, litigation, claim or exception. d. The CITY reserves the right to review, audit, and examine any and all records obtained by Professional Credit relating to the Scope of Work (Appendix A). e. This right of access clause (with respect to financial records) applies to: i. Negotiated prime agreements: ii. Negotiated change orders or agreement amendments affecting the price of any formally advertised, competitively awarded, fixed price agreement: iii. Agreements or purchase orders under any agreement other than a formally advertised, competitively awarded, fixed price agreement. However, this right of access does not apply to a prime agreement, lower tier sub agreement or purchase order awarded after effective price competition, except: 1. With respect to record pertaining directly to sub agreement performance, excluding any financial records of Professional Credit; 2. If there is any indication that fraud, gross abuse or corrupt practices may be involved; 3. If the sub agreement is terminated for default or for convenience. 26. Covenant Against Contingent Fees: a. Professional Credit warrants that no person or selling agency has been employed or retained to solicit or secure this Agreement upon an agreement of understanding for a commission, percentage, brokerage or contingent fee, excepting bona fide employees or bona fide established commercial or selling agencies maintained by Professional Credit for the purpose of securing business. For breach or violation of this warranty, CITY OF FAYETTEVILLE shall have the right to annul this Agreement without liability or at its discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount of such commission, percentage, brokerage, or contingent fee. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 8 of 10 — Last Revised: 02.16.23 27. Gratuities: a. If CITY OF FAYETTEVILLE finds after a notice and hearing that Professional Credit or any of Professional Credit's agents or representatives, offered or gave gratuities (in the form of entertainment, gifts or otherwise) to any official, employee or agent of CITY OF FAYETTEVILLE, or related third party contractor associated with this project, in an attempt to secure an agreement or favorable treatment in awarding, amending or making any determinations related to the performance of this Agreement, CITY OF FAYETTEVILLE may, by written notice to Professional Credit terminate this Agreement. CITY OF FAYETTEVILLE may also pursue other rights and remedies that the law or this Agreement provides. However, the existence of the facts on which CITY OF FAYETTEVILLE bases such finding shall be in issue and may be reviewed in proceedings under the Remedies clause of this Agreement. b. The CITY may pursue the same remedies against Professional Credit as it could pursue in the event of a breach of the Agreement by Professional Credit. As a penalty, in addition to any other damages to which it may be entitled by law, CITY OF FAYETTEVILLE may pursue exemplary damages in an amount, as determined by CITY, which shall be not less than three nor more than ten times the costs Professional Credit incurs in providing any such gratuities to any such officer or employee. 28. Clarification and Understanding of all parties: a. Professional Credit shall not assign its duties under the terms of this agreement without prior written consent of the City. Subconsultants identified in Professional Credit's response shall be permitted as being referenced herein. 29. Equal Employment Opportunity: The parties hereby incorporate by reference the Equal Employment Opportunity Clause required under 41 C.F.R. § 60-1.4, 41 C.F.R. § 60-300.5(a), and 41 C.F.R. § 60- 741.5(a), if applicable. a. Professional Credit shall abide by the requirements of 41 CFR §§ 60-1.4(a), 60- 300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity, or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, protected veteran status or disability. b. Professional Credit and subconsultants certify that they do not maintain segregated facilities or permit their employees to perform services at locations where segregated facilities are maintained, as required by 41 CFR 60-1.8. 30. Pursuant to Arkansas Code Annotated §22-9-203 The City of Fayetteville encourages all qualified small, minority and women business enterprises to bid on and receive contracts for goods, services, and construction. Also, City of Fayetteville encourages all general contractors to subcontract portions of their contract to qualified small, minority and women business enterprises. RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 9 of 10 — Last Revised: 02.16.23 IN WITNESS WHEREOF, CITY OF FAYETTEVILLE, ARKANSAS by and through its Mayor, and RAY KLEIN, INC DBA PROFESSIONAL CREDIT SERVICE by its authorized officer has made and executed this Agreement as of the day and year first above written. CITY OF F RAY KLEIN INC DBA PROFESSIONAL CREDIT SERVICE LI( L JORD AYOR GINGER 6TKARE, CHIEF FINANCIAL OFFICER *`O<c:W'T R! � ATTEST: t • = F�IYE.TVEI L�F" B, 000.• Kara Paxton, City Clerk recc su r��' `•�Y�;�'�';'; /VG' tr•., Date Signed: l 1 Date Signed: 2/28/2023 RFP 22-11, Collection Services Contract: City of Fayetteville and Ray Klein, Inc DBA Professional Credit Page 10 of 10— Last Revised: 02.16.23 CONTRACT FOR PROFESSIONAL SERVICES RFP 22-11, Collection Services APPENDIX A Scope of Work & Fees 1. INTRODUCTION: The City of Fayetteville engages Ray Klein Inc, DBA Professional Credit Service as the professional agency to provide the collection services described within this Appendix. Ray Klein Inc, DBA Professional Credit Service offers several additional capabilities and areas of expertise compared to those offered by various other collection agencies. SCOPE OF WORK: A. Summary of Services: a. Collection of overdue water, sewer, and sanitation accounts, on a monthly basis (utility billing) b. Collection of overdue miscellaneous municipal accounts, as needed (accounts receivable billing) Ray Klein Inc, DBA Professional Credit Service should be aware that all collected debts shall be turned over to the City of Fayetteville in full and then redistributed by the City of Fayetteville Ray Klein Inc, DBA Professional Credit Service at the rate of the contract agreement. The agency shall send payment to each City of Fayetteville division (i.e. Utilities Financial Services and Accounting) for the total amount of all collected debts for each division within fifteen (15) days after the end of each month. Ray Klein Inc, DBA Professional Credit Service shall provide the City with a remittance documenting the length each individual customer balance remitted was placed with the collection agency until collection to supplement each payment made to each City Division. The City of Fayetteville shall then redistribute the collection fee payment, via check, to Ray Klein Inc, DBA Professional Credit Service at the rate of the contract agreement within forty-five (45) days of receiving the agency's remittance. C. If the City of Fayetteville collects on accounts previously turned over to Ray Klein Inc, DBA Professional Credit Service, the City will provide a listing of the collected accounts to Ray Klein Inc, DBA Professional Credit Service so the agency may update the account balances in their system and cease collection efforts on any fully paid account. Subject to the limitations in paragraph 2(I) of this Scope of Work, the agency shall be entitled to their collection fee for any amount collected by the City after the account has been turned over to the agency. D. If the City of Fayetteville receives a notice of bankruptcy filing for an account previously turned over to Ray Klein Inc, DBA Professional Credit Service, the City will immediately notify the collection agency which shall immediately stop all collection efforts on the account. Ray Klein Inc, DBA Professional Credit Service shall turn the account back over to the City. E. If Ray Klein Inc, DBA Professional Credit Service receives information that the responsible party for an account placed with the agency is deceased, Ray Klein Inc, DBA Professional Credit Service shall notify the City of Fayetteville and shall transfer the account back to the City of Fayetteville with no fees assessed. Ray Klein Inc, DBA Professional Credit Service shall provide to the City of Fayetteville access to log into the agency's website. The website login access shall provide the status of the City of Fayetteville's accounts along with any collection activity performed by the agency. City of Fayetteville, AR and Ray Klein Inc, DBA Professional Credit APPENDIX A — SCOPE OF WORK AND FEES Page 1 of 2 — Last Revised 02.28.2023 G. Ray Klein Inc, DBA Professional Credit Service shall conform to state laws regarding collection services from cities, including but not limited to Arkansas Code Ann. § 14-234-601 et seq. (Appendix A of RFP) and Arkansas Code Ann. § 14-229-103 (Appendix B of RFP). H. Ray Klein Inc, DBA Professional Credit Service shall conform to all local, state, and federal law and regulations, including, but not limited to, the Federal Fair Debt Collection Practices Act. I. All utility accounts collected by the Utilities Financial Services Division as a result of the procedures set forth in Arkansas Code Code Ann. § 14-234-601 et seq. (Appendix A of RFP) and Arkansas Code Ann. § 14-229-103 (Appendix B of RFP) shall become the property of the Utilities Financial Services Division with no fees assessed by the collection agency. 3. PRICING: a. Ray Klein Inc, DBA Professional Credit Service shall strive to make decisions based on what is best for the City. As such, Ray Klein Inc, DBA Professional Credit Service's compensation is structured as a flat collection fee. In addition, the City of Fayetteville Arkansas will be provided with many value-added collection services as part of the Ray Klein Inc, DBA Professional Credit Service service package. b. Ray Klein Inc, DBA Professional Credit Service shall receive 25% commission for primary collections and consumer payments made directly to the City. i. All services listed in Ray Klein Inc, DBA Professional Credit Service Core Services are included in our flat fee and Ray Klein Inc, DBA Professional Credit Service shall not charge any additional fees. ii. Any additional scope of work changes that result in additional fees shall have a change order approved by all parties in advance of work being conducted. City of Fayetteville, AR and Ray Klein Inc, DBA Professional Credit APPENDIX A — SCOPE OF WORK AND FEES Page 2 of 2 — Last Revised 02.28.2023 CITY OF FAYETTEVILLE ARKANSAS City of Fayetteville, Arkansas Purchasing Division — Room 306 113 W. Mountain Fayetteville, AR 72701 Phone: 479.575.8256 TDD (Telecommunication Device for the Deaf): 479.521.1316 Request for Proposal: RFP 22-11, Collection Services DEADLINE: Tuesday, November 29, 2022 before 2:00 PM, loce Pre -Proposal Conference: Tuesday, November 15, 2022 at 2:0.0 CPI a zoom Sr. Purchasing Agent: Amanda Beilfuss, abeilfuss fa etteville-aX DATE OF ISSUE AND ADVERTISEMENT: 11/06/2022 REQUEST FOR PR OSAL RFP 22-11 C 11%c(MOIServices No late proposals shall be accepted. RFP's shall e r�iitted t rou the third -party electronic bidding platform. Submitting through the City's electro�din ' '�ffm is r i d. All bids shall be submitted in accordance with the attached City of Faye ep cifica nd � ents attached hereto. Each bidder �� is required to fill in every blank and shall pp all info ion re ; failure to do so may be used as basis of rejection. Any bid, proposal, or st tements of qu I tion l�jected that violates or conflicts with state, local, or federal laws, ordinances o i&s. The undersigned hereby offers to furnish & deliNr the and in strict accordance with the specifications and ger This offer is not subjE Manager. Name of Fir withdrawal unless upon Contact Person: E-Mail: Business Address: City: Signature: City of Fayetteville, AR RFP 22-11, Collection Services Page 1 of 17 lll�or services as specified, at the prices & terms stated herein, Pnditions of bidding, all of which are made a part of this offer. ritten agreement by the Proposer/Bidder and City Purchasing State: Title: Phone: Date: Zip: City of Fayetteville RFP 22-11, Collection Services Advertisement City of Fayetteville, AR Request for Proposal RFP 22-11, Collection Services The City of Fayetteville is seeking requests for proposal from qualified and experienced firms to provide Collection Services for miscellaneous municipal accounts for one (1) year with four (4) one-year renewal options, giving a possible contract term of five (5) years. Any questions concerning this solicitation process should be clirectq&V Amanda Beilfuss, City of Fayetteville Sr. Purchasing Agent, at abeilfuss@fayetteville-ar.gov or by calling (479) 575- 'o ► . Solicitation documents and addenda shall be obtained at the City of Fayetteville , ZTsing Division's electronic bidding platform at www.fayetteville-ar.gov/bids. All proposals shall be received by Tue&"at4November 29 2022 before 2:00 PM Local Time utilizing the City's electronic bidding software. All proposa r e before the time stated. Submitting electronically is required. No late proposals shall be accepted. The City y tteviIle shall not be responsible for lost or misdirected proposals, or for failure of proposer's technical equipme t. A non -mandatory pre -proposal conference will be held Tum_d vember 15, 2022 0 PM virtually via Zoom. Information regarding the pre -proposal conference is availab e pr . t page on telectronic bidding platform. All interested parties are encouraged to attend. All interested parties shall be qualified to do busin licen c i ccorda itTi all applicable laws of the state and • local governments where the project is locate � �► ` Pursuant to Arkansas Code Annotated §22-9-20 he Cit ettev rages all qualified small, minority and women business enterprises to bid on and r *veontrac goo se ' s, and construction. Also, City of Fayetteville encourages all general contractors t bcontract rt oft it ontract to qualified small, minority and women business enterprises. I The Cityof Fayetteville res r tfie right to reject an a proposals and to waive irregularities therein and all artier Y � g 1 P p g p agree that such rejechal e without liability orh_ p rt of the City of Fayetteville for any damage or claim brought by any interested pa/rI use of such rejections, or all any interested party seek any recourse of any kind against the City of Fayettev cause of such rejectio41 filing of any Statement in response to this invitation shall constitute an agreement o rested party to th i ns. City of Fayetteville By: Amanda Beilfuss, City Sr. Purchasing Agent P: 479.575.8220 Email: abeilfuss@fayetteville-ar.gov TDD (Telecommunications Device for the Deaf): (479) 521-1316 Date of advertisement: 11.06.22 This publication was paid for by the Purchasing Division of the City of Fayetteville, Arkansas. Amount paid: $189.97. City of Fayetteville, AR RFP 22-11, Collection Services Page 2 of 17 City of Fayetteville RFP 22-11, Collection Services SECTION A: General Terms & Conditions 1. SUBMISSION OF A PROPOSAL SHALL INCLUDE: Each proposal shall contain the following at a minimum. Proposer must also address detailed requirements as specified in the Scope of Work. a. A written narrative describing the method or manner in which the Proposer proposes to satisfy requirements of this RFP in the most cost-effective manner. 7 10 0 A description of the Proposer's experience in providing the same the RFP. This description should include the names of the per�oI their qualifications, and the years of experience in performingJNN reference information requested in this RFP. Zr services as outlined in ill provide the services, pe of work. Also, include the The complete fee and cost to the City for all servic Pined in this RFP. Statement should be no more than twent, page (maximum) executive summary. I' limitations: appendix, cover sheet, 3-page than 1 page per person), and forms V7?9 a. Submitti economically, pro% requirements fortr are not req�ill�d*j proposal to twenl refepMc#s, and for ;5Tpages. Proposers slso submit a three (3) Ilowing items w4l o Nkount toward the page ativ S mary, re r resumes shall be no more he for Vion. 1F�s shall be prepared simply and ard, description of its ability to meet the lored displays, and promotional material ompleteness and clarity of content. Limit or less, excluding one -page team resumes, City for completion. Vctronic Submittal (Reli redl: Proposers can go to www.fayetteville-ar.gov/bids and follow the promp4sG7ubmit a proposal within the electronic bidding platform. All Proposers m: e ister in order to be able to submit. There is no fee for registration. (1 These of Adobe PDF files is strongly recommended. Electronic copies s all not be submitted via e-mail to City employees by the Proposer and shall be submitted using the City's electronic bidding portal. e. Proposals will be reviewed following the stated deadline, as shown on the cover sheet of this document. Only the names of Proposer's will be available after the deadline until a contract has been awarded by the Fayetteville City Council. All interested parties understand proposal documents will not be available until after a valid contract has been executed. f. Proposers shall submit a proposal based on documentation published by the Fayetteville Purchasing Division. City of Fayetteville, AR RFP 22-11, Collection Services Page 3 of 17 g. Proposals must follow the format of the RFP. Proposers should structure their responses to follow the sequence of the RFP. In. Proposers shall have experience in work of the same or similar nature and must provide references that will satisfy the City of Fayetteville. Proposer shall furnish a reference list of clients for whom they have performed similar services and must provide information as requested in this document. i. Proposer is advised that exceptions to any of the terms contained in this RFP or the attached service agreement must be identified in its response to the RFP. Failure to do so may lead the City to declare any such term non-negotiable. Proposer's desire to take exception to a non-negotiable term will not disqualify it from consideration for award. ( j. Local time shall be defined as the time in Fayetteville, Arkansas ` , due date of the deadline. Documents shall be received before the deadline time as shovt�he atomic clock located in the Purchasing Division Office or electronic clock located in th&Q14's third -party bidding software. 2. WRITTEN REQUESTS FOR INTERPRETATIONS OR CLARIFICATIOCOyz No oral interpretations will be made to any firms as to the e�ng of specifications or any other contract documents. All questions pertaining to the terms and c ti ns or scope of wor this proposal must be sent in writing via e-mail to the Purchasing Depar Responses to q�� may be handled as an addendum if the response would provide clarificat4 her ments oposal. All such addenda shall become part of the contract documents. y will no r e s o for any other explanation or interpretation of the proposed RFP made o rior ward a, ontract. DE SUPPLIES DSERVOS- AnyO ` 3 SCRIPTION OF SUPP I S AN manufacturer's names, trade nam rand n cata er, etc. used in specifications are for the purpose of describing and establishing gen a alit le I Such references are NOT intended to be restrictive. Proposals shall b)onsiderttted�rr ra s at meet the quality of the specifications listed for any items. Y V'0 ` 4. RIGHTS OF CITY OF F ILLE IN REQUEST FT)R PROPOSAL PROCESS: In addition to her rights of the City`o )yetteville, under state law, the City specifically reserves the following: a ity of Fayetteville rhe right to rank firms and negotiate with the highest-ranking firm. egotiation with an it divi� I Proposer does not require negotiation with others. V b. The City reserves the right to select the proposal it believes will serve the best interest of the City. c. The City of Fayetteville reserves the right to accept or reject any or all proposals. d. The City of Fayetteville reserves the right to cancel the entire request for proposal. e. The City of Fayetteville reserves the right to remedy or waive technical or immaterial errors in the request for proposal or in proposals submitted. City of Fayetteville, AR RFP 22-11, Collection Services Page 4 of 17 The City of Fayetteville reserves the right to request any necessary clarifications, additional information or proposal data without changing the terms of the proposal. g. The City of Fayetteville reserves the right to make selection of the Proposer to perform the services required on the basis of the original proposals without negotiation. The City reserves the right to ask for a best and final offer from one or more Proposers. The best and final offer process is not guaranteed; therefore, Proposers shall submit and respond to this RFP on the most favorable terms available. S. EVALUATION CRITERIA: The evaluation criterion defines the factors that will be used by the selection co ee to evaluate and score responsive, responsible and qualified proposals. Proposers shall include svffi t information to allow the selection committee to thoroughly evaluate and score proposals. Each priopo I submitted shall be evaluated and ranked by a selection committee. The contract will be awarded phi, most qualified Proposer, per the evaluation criteria listed in this RFP. Proposers are not guaranteed ranked. 6. COSTS INCURRED BY PROPOSERS: All expenses involved with the preparation and submissio 'roposals to the City any work performed in connection therewith, shall be borne solely by the P 14 (s). No paymentw' ade for any responses received, or for any other effort required of, or ma, thet ser(s) pr $Zntract commencement. C), 7. ORAL PRESENTATION: �•/ • • �,� An oral presentation and/or interview ma Request +hy fi cjt fTe selection committee s discretion. 8. CONFLICT OF INTEREST: O a. The Proposer repres+s that it pr e has nol eo and shall acquire no interest, either direct or indirect, whit 0ss( conf cNan nner with the performance or services required hereunder, a r id cl in C e ode Section 34.26 titled "Limited Authority of City Y Y Y Employee de Services o th IV Iq4- b. Theoser shall promptlyVA&i Andrea Foren, City Purchasing Manager, in writing, of all OI conflicts of intere r any prospective business association, interest, or other ervic'es stance which ma ce or appear to influence the Proposer's judgment or quality of being provi ed. Such written notification shall identify the prospective business association, interest o ircumstance, the nature of which the Proposer may undertake and request an opinion to the City as to whether the association, interest or circumstance would, in the opinion of the City, constitute a conflict of interest if entered into by the Proposer. The City agrees to communicate with the Proposer its opinion via e-mail or first-class mail within thirty days of receipt of notification. 9. WITHDRAWAL OF PROPOSAL: A proposal may be withdrawn prior to the time set for the proposal submittal based on a written request from an authorized representative of the firm; however, a proposal shall not be withdrawn after the time set for the proposal. City of Fayetteville, AR RFP 22-11, Collection Services Page 5 of 17 10. LATE PROPOSAL OR MODIFICATIONS: Proposal and modifications received after the time set for the proposal submittal shall not be considered. Modifications in writing received prior to the deadline will be accepted. The City will not be responsible for misdirected bids/proposals. Proposers should call the Purchasing Division at (479) 575-8256 to ensure receipt of their submittal documents prior to opening time and date listed. b. The time set for the deadline shall be local time for Fayetteville, AR on the date listed. All proposals shall be received in the Purchasing Division BEFORE the deadline stated. The official clock to determine local time shall be the atomic clock located in the Purchasing Division, Room 306 of City Hall, 113 W. Mountain, Fayetteville, AR. !.b 11. LOCAL, STATE, AND FEDERAL COMPLIANCE REQUIREMENTS: V a. The laws of the State of Arkansas apply to any purchase malt► der this request for proposal. Proposers shall comply with all local, state, and federal dir�ctivAs, orders and laws as applicable to this proposal and subsequent contract(s) includin not limited to Equal Employment Opportunity (EEO), Disadvantaged Business Ente (DBE) & OSHA as applicable to this contract. �; b. Pursuant to Arkansas Code Annotated § 2 The City of Faygtt encourages all qualified small, minority and women business rise 5454id on a ive contracts for goods, services, and construction. Also Faye teW enco all general contractors to subcontract portions of theirct o► ied G s', inority and women business enterprises. 12. PROVISION FOR OTHER AGENCIES: G O Unless otherwise stipulated by the Proposer, oposer r s to make available to all Government agencies, departments, munihalities, and o es, roposal prices submitted in accordance with said proposal terms and con opc therein, an vernmental entity desire to buy under this proposal. Eligible us h can all st e of n s agencies, the legislative and judicial branches, ' V i political subdivisions es, local district sch I boards, community colleges, municipalities, counties, or other public a c s or authorities), whi4,h V desire to purchase under the terms and conditions of the contract. 13. COLLUSI �` The Pro oser, b affixing his or heh'r nature to this proposal, agrees to the following: "Proposer certifies p Y g g p p g g p that his proposal is made without previous understanding, agreement, or connection with any person, firm or corporation making a proposal for the same item(s) and/or services and is in all respects fair, without outside control, collusion, fraud, or otherwise illegal action." 14. RIGHT TO AUDIT, FOIA, AND JURISDICITON: a. The City of Fayetteville reserves the privilege of auditing a Contractor's records as such records relate to purchases between the City and said Contractor. b. Freedom of Information Act: City contracts and documents prepared while performing City contractual work are subject to the Arkansas Freedom of Information Act. If a Freedom of City of Fayetteville, AR RFP 22-11, Collection Services Page 6 of 17 Information Act request is presented to the City of Fayetteville, the (contractor) will do everything possible to provide the documents in a prompt and timely manner as prescribed in the Arkansas Freedom of Information Act (A.C.A. §25-19-101 et. seq.). Only legally authorized photocopying costs pursuant to the FOIA may be assessed for this compliance. c. Legal jurisdiction to resolve any disputes shall be Arkansas with Arkansas law applying to the case. 15. CITY INDEMNIFICATION: The successful Proposer(s) agrees to indemnify the City and hold it harmless from and against all claims, liability, loss, damage or expense, including but not limited to counsel fees, arising from or by reason of any actual or claimed trademark, patent or copyright infringement or litigation based t ereon, with respect to the services or any part thereof covered by this order, and such obligation shall sur ' ceptance of the services and payment thereof by the City. G 16. VARIANCE FROM STANDARD TERMS & CONDITIONS: ` All standard terms and conditions stated in this request for pr I apply to this contract except as specifically stated in the subsequent sections of this docume take precedence, and should be fully understood by Proposers prior to submitting a proposal on this uirement. 17. ADA REQUIREMENT FOR PUBLIC NOTICES & TRANSL,at I Persons with disabilities requiring reasonable acco tion rticipat proceeding/event, should call 479.521.1316 (telecommunications device f deaf), ner tha n days prior to the deadline. Persons needing translation of this docu II can he Cityetteville, Purchasing Division, immediately. `► . ` �G G18. O CERTIFICATE OF INSURANCE: D' O The successful Proposer shall prNideA Certifi bflnsura e accordance with specifications listed in this request for proposal, prior t°gomri�ence any k. Such certificate shall list the City of Fayetteville as an additional insured. s ari�ce sha in v N Nughout project completion. i 19. PAYMENTS AND INV�IN The Proposer m speMfy in their proposa he act company name and address which must be the same as invoices s r ted for paymdity �es�t of award of this RFP. Further, the successful Proposer is responsib immediately nourchasing Division of any company name change, which would cause in o change from sed at the time of the original RFP. Payment will be made within thirty days of invoice received.of Fayetteville is very credit worthy and will not pay any interest or penalty for untimely payments. Payments can be processed through Proposer's acceptance of Visa at no additional costs to the City for expedited payment processing. The City will not agree to allow any increase in hourly rates by the contract without PRIOR Fayetteville City Council approval. 20. CANCELLATION: a. The City reserves the right to cancel this contract without cause by giving thirty (30) days prior notice to the Contractor in writing of the intention to cancel or with cause if at any time the Contractor fails to fulfill or abide by any of the terms or conditions specified. City of Fayetteville, AR RFP 22-11, Collection Services Page 7 of 17 b. Failure of the contractor to comply with any of the provisions of the contract shall be considered a material breach of contract and shall be cause for immediate termination of the contract at the discretion of the City of Fayetteville. c. In addition to all other legal remedies available to the City of Fayetteville, the City reserves the right to cancel and obtain from another source, any items and/or services which have not been delivered within the period of time from the date of order as determined by the City of Fayetteville. d. In the event sufficient budgeted funds are not available for a new fiscal period, the City shall notify the Contractor of such occurrence and contract shall terminate of the st day of the current fiscal period without penalty or expense to the City. [(��� 21. ASSIGNMENT, SUBCONTRACTING, CORPORATE ACQUISITIONS AND/OR P��RSERS: a. The Contractor shall perform this contract. No assignm4tr4f subcontracting shall be allowed without prior written consent of the City. If a Propos nds to subcontract a portion of this work, the Proposer shall disclose such intent in the al submitted as a result of this RFP. In the event of a corporate acquisition and/ to the City within thirty (30) calendar 144 occurrence of said action, whichever ocpilA not be unreasonably exercised by Fity a corporate acquisition and/or(state, or federal laws. Action b , to assign or subcontract in is r 17onse purpose of this Agreement. Z` 22. NON-EXCLUSIVE CONTRACT: k 23 r, the Contractor ntractor's Irre7r.,Qht to I ,, b u n ionflict' sIALorovide written notice )tc.Xch action or upon the this contract, which shall mited to, instances in which rest or are contrary to any local, a firm that has disclosed its intent exception shall constitute approval for Award of this RFP shall ' Ve no obl Non to utilize the Contractor for all work of this type, which may develop d g contract p riod. s of an exclusive contract. The City specifically reserves 4 the right to concurre t lontract with other c panies for similar work if it deems such an action to be in the City's best i est. In the case of m4�tdl-&-phase contracts, this provision shall apply separately to each item. LOBBYIrLgLobb in of selection committeeQ`bers City of Fayetteville employees, or elected officials regarding g request for proposals, request for qualifications, bids or contracts, during the pendency of bid protest, by the bidder/proposer/protestor or any member of the bidder's/proposer's/protestor's staff, and agent of the bidder/proposer/protestor, or any person employed by any legal entity affiliated with or representing an organization that is responding to the request for proposal, request for qualification, bid or contract, or has a pending bid protest is strictly prohibited either upon advertisement or on a date established by the City of Fayetteville and shall be prohibited until either an award is final or the protest is finally resolved by the City of Fayetteville; provided, however, nothing herein shall prohibit a prospective/bidder/proposer from contacting the Purchasing Division to address situations such as clarification and/or questions related to the procurement process. For purposes of this provision lobbying activities shall include but not be limited to, influencing or attempting to influence action or non -action in connection with any request for proposal, City of Fayetteville, AR RFP 22-11, Collection Services Page 8 of 17 request for qualification, bid or contract through direct or indirect oral or written communication or an attempt to obtain goodwill of persons and/or entities specified in this provision. Such actions may cause any request for proposal, request for qualification, bid or contract to be rejected. 24. ADDITIONAL REQUIREMENTS: The City reserves the right to request additional services relating to this RFP from the Proposer. When approved by the City as an amendment to the contract and authorized in writing prior to work, the Contractor shall provide such additional requirements as may become necessary. 25. SERVICES AGREEMENT: W 27 A written agreement, in substantially the form attached, incorporating the RFP d the successful proposal will be prepared by the City, signed by the successful Proposer and presente e City of Fayetteville for approval and signature of the Mayor. INTEGRITY OF REQUEST FOR PROPOSAL (RFP) DOCUMENTS: Proposers shall use the original RFP form(s) provided by the Purchi Division and enter information only in the spaces where a response is requested. Proposers may ttachment as an addendum to the RFP form(s) if sufficient space is not available on the original for fo e Proposer to enter a complete response. FP Any modifications or alterations to the original Rd for by the Propos hether intentional or otherwise, will constitute grounds for rejection of s i response. Any sVc ifications or alterations a Proposer wishes to propose shall be clearly state Pro s s RFP re and presented in the form of an addendum to the original RFP documents OTHER GENERAL CONDITIONS: G a. Proposers must provide th Citith th osals by an employee having legal authority to submit proposals on bell�ff of t os entire cost of preparing and providing p p � p �_ p p g p g responses shall be borne by the Pr( >. The City reserves kright to re all Proposers teyth sub m ;. This solicit is not to be constr doe-Ommit the city to pay4,00 tional information it deems necessary from any or kas an offer, a contract, or a commitment of any kind; nor costs incurred by Proposer in preparation. It shall be clearly d r od that any costs i c rreT by the Proposer in responding to this request for proposal is Proposer's own rig' xpense as a cost of doing business. The City of Fayetteville shall IS(o be liable for rei bu�ment whether or not the pro sal is accf for any expense so incurred, regardless of d. If products, components, or services other than those described in this bid document are proposed, the Proposer must include complete descriptive literature for each. All requests for additional information must be received within five working days following the request. e. Any uncertainties shall be brought to the attention to Amanda Beilfuss immediately via telephone (479.575.8220) or e-mail (abeilfuss@fayetteville-ar.gov). It is the intent and goal of the City of Fayetteville Purchasing Division to provide documents providing a clear and accurate understanding of the scope of work to be completed and/or goods to be provided. We encourage all interested parties to ask questions to enable all Proposers to be on equal terms. City of Fayetteville, AR RFP 22-11, Collection Services Page 9 of 17 Any inquiries or requests for explanation in regard to the City's requirements should be made promptly to Amanda Beilfuss, City of Fayetteville, Sr. Purchasing Agent via e-mail (abeilfuss@fayetteville-ar.Bov) or telephone (479.575.8220). No oral interpretation or clarifications will be given as to the meaning of any part of this request for proposal. All questions, clarifications, and requests, together with answers, if any, will be provided to all firms via written addendum. Names of firms submitting any questions, clarifications, or requests will not be disclosed until after a contract is in place. g. At the discretion of the City, one or more firms may be asked for more detailed information before final ranking of the firms, which may also include oral interviews. Any information provided herein is intended to assist the Proposer ' preparation of proposals necessary to properly respond to this RFP. The RFP is designed 't ide qualified Proposers with sufficient basic information to submit proposals meeting rA, um specifications and/or test requirements but is not intended to limit a RFP's content�r�to exclude any relevant or essential data. Proposers irrevocably consent that any legal acti o oceeding against it under, arising out of or in any manner relating to this Contract shal ontrolled by Arkansas law. Proposer hereby expressly and irrevocably waives any clai nse in any said acticyrloroceeding based on any alleged lack of jurisdiction or improper v�r an i ar basis. ` The successful Proposer shall not he i� any pa is Contract or any monies due or to become due hereunder wit ritten t o i�ayetteville. In case the successful Proposer assigns all or an pa f any s due become due under this Contract, the Instrument of assignment s contai ausea tially to the effect that is agreed that the right of the assignee in*o any o due or come due to the successful Proposer shall be subject to prior liens ofall pe oirm d corporations for services rendered or materials supplied for formanc ser cRIIed for in this contract. PP + p� The succe s roposer's attention i irected to the fact that all applicable Federal and State laws, mu i I ordinances, and th&r and regulations of all authorities having jurisdiction over the s v shall apply to the co r! throughout, and they will be deemed to be included in the act as though writtei full herein. The successful Proposer shall keep himself/herself fully n ormed of all laws, r�di\S es and regulations of the Federal, State, and municipal governments or authorities in any mer affecting those engaged or employed in providing these services or in any way affecting the conduct of the services and of all orders and decrees of bodies or tribunals having any jurisdiction or authority over same. If any discrepancy or inconsistency should be discovered in these Contract Documents or in the specifications herein referred to, in relation to any such law, ordinance, regulation, order or decree, s/he shall herewith report the same in writing to the City of Fayetteville. City of Fayetteville, AR RFP 22-11, Collection Services Page 10 of 17 City of Fayetteville RFP 22-11, Collection Services SECTION B: Scope of Services and General Information 1. PURPOSE & OVERVIEW: The City of Fayetteville invites vendors to submit proposals for the services of a qualified and experienced collection agency. Initial contract period will be for one (1) year from date contract is finalized and may be renewed for four (4) consecutive one (1) year terms. Services to be provided by the awarded proposer will include, but shall not be limited to the following: a. Collection of overdue Water, Sewer, and Sanitation accounts (Utility Billing) b. Collection of miscellaneous municipal accounts (Accounts Receivable Billiryg�7. Collection services are currently provided by Collection Bureau of Americp, ccounts are turned over on a monthly basis and the annual dollar volume can range between $1 to $300,000. Please refer to Appendix C for the 2020, 2021, and 2022 year-to-date bad debtc unts summary. This will provide information on the City of Fayetteville's account turnover volu recent years. Please advise, account turnover for 2022 year-to-date is substantially higher tha sous years due to backlogged account turnovers from years 2021 and 2021. The City suspendedCo ection activities on account balances from those years due to the COVID-19 pandemic. O The City of Fayetteville will provide the following i *tion awarde�a**Ocy for collections: a. Name v ' �I b. Account Number c. Customer Number cp _^vv� d. Service Address e. Last Known Mailing Addr f. Phone Number g. Social Security N e,*or Federt�PN; h. Driver's Licens r I umber i. Amount 0 ed I�F Co 2. SPECIAL CO JWI S: . �� a. Dur the duration of th on r�ct, the City of Fayetteville reserves the right to review, audit, and/or examine any and all records tained by the collection agency pertaining to accounts, debts, and records turned over by the City of Fayetteville. In the event of termination of the contract, any and all records pertaining to City of Fayetteville accounts, debts, and records shall become the property of the City of Fayetteville and turned over accordingly within thirty (30) calendar days after termination of the contract. b. The City of Fayetteville reserves the right to accept or reject any or all proposals, waive formalities in the bid process, and make a bid award deemed to be in the best interest of the City. City of Fayetteville, AR RFP 22-11, Collection Services Page 11 of 17 c. Accounts, etc. will be turned over to the collection agency at the sole discretion of the City. Any account or debt that is subject to the City's appeal process will not be turned over for collection. Only debts with past due amounts of 90 days or older will be referred to a collection agency. d. The City of Fayetteville may refer water, sewer, and sanitation accounts (Utility Billing) to the agency on a regular monthly basis. District Court fines may be submitted to the agency on an as needed basis only and are not a primary scope of this RFP. Miscellaneous municipal billings (Accounts Receivable Billings) may be submitted to the agency on an as needed basis. In instances where a credit adjustment is made to debts that have already been submitted to the agency, the City shall notify the agency of the adjustment and the amount due on the debt shall be changed with no payment due to the agency for the credited adjustment amount. 3. LICENSING AND EXPERIENCE REQUIREMENTS: V •G a. The State Board of Collection Agencies (SBCA) regulates collect' `ncy activities in Arkansas. Collection agencies must be licensed if: (1) they are located ansas or (2) they contact consumers in Arkansas. The SBCA works to protect creditors who g',//� accounts to collection agencies to be collected and consumers who are being contacted by colll on agencies. It is the goal of SBCA to prevent undesirable collection actives, ensure com a e with Arkansas de ollection laws and educate Arkansas consumers of their rights h� d ing with a collectio ncy. Information on the SBCA can be found at- www.a or b. Agencies submitting proposals &und.,,Cnvitat' + II beb n companies properly authorized to do business is the State of AAgen II sho �o of bonding certificate and licensing from the State Board of Collectcie �n tvi. 1endar days of contract award. Bonding certificate and any requir license shaebept curN.it hroughout the term of this contract. Proof of bonding certificate N Insing su i ed within forty-five (45) days before each renewal period. If the age i�s i sed sin ther states, please specify the states in which the firm is licensed d usiness. c. Collectio nci s responding to ;ht�JP shall provide the following criteria to qualify for consi • �� �i. Description of hie past history in collections. ii. Statement of hong the agency has been in existence. iii. Submission of at leave five (5) current references, including contact person's name and phone number. This list shall also include the average percentage of debts collected for each reference listed. iv. Submission of rate in which the agency proposes to bid for cost of services. v. Submission of rate in which the agency proposes to bid for cost of services for accounts that have been sent to the agency, but has been collected in house by the City of Fayetteville, and asked to be returned back to the City and close the account at the agency. vi. Resumes of all project team members (maximum one page per resume). City of Fayetteville, AR RFP 22-11, Collection Services Page 12 of 17 4. SCOPE OF WORK AND CONDITIONS: a. Collection agencies making proposals should be aware that all collected debts shall be turned over to the City of Fayetteville in full and then redistributed to the contracting collection agency at the rate of the contract agreement. All payments made by customers for debts that have been turned over to the collection agency shall be paid directly to the agency. The agency shall send a separate check to each City of Fayetteville division (i.e. Utilities Financial Services and Accounting) for the total amount of all collected debts for each division within fifteen (15) days after the end of each month. The City of Fayetteville shall then redistribute the collection fee payment to the contracting collection agency at the rate of the contract agreement within forty-five (45) days of receiving the agency remittance. b. After an account has been turned over to the selected collection agenc eAgency shall have one full year (365 calendar days from date turned over) to collect any fu he agreed upon contract rate. In the event an account is turned over to the collection age one year passes with no funds collected, the account shall be turned back over to the the selected contractor shall take a reduced rate, flat fee, or preferably NO fee. Proposers sshh ress this desire in RFP response. c. If the Cityof Fayetteville collects on accounts reviou I tQ�Fied over to the selected collection Y p Y agency, the City will provide a listing of the collect counts to the select�l�ollection agency to be removed from collection efforts by the agency'` O d. If the City of Fayetteville receives a notic krup cy g for a unt previously turned over to the selected collection agency, th I i ly notii Ilection agency which shall immediately stop all collection effo s the ac he`I'tc n agency shall turn the account back over to the City. Cj 0 e. The selected agency shall provide to th of FayePo access to login to the agency's website. The website login acce hall provi tat the City of Fayetteville's accounts along with any collection activit t Nt 's a e b the agency. If the selected agency does not Y � Y p Yg Y have a websit ir documen tion ollection activity done by the agency will be required when request City of Fayettevil staff. f. All pr Rashall conform to st �V-601 �regarding collection services from cities, including but not li Arkansas Code Annit et seq. (Appendix A) and Arkansas Code Ann. § 14-229- 10 ppendix B). 0 g. Collection agencies shall comply with the Fair Debt Collection Practices Act. Any violations of the Fair Debt Collection Practices Act by the Proposer shall be disclosed with the RFP response. All utility accounts collected by the Utilities Financial Services Division as a result of the procedures set forth in Arkansas Code Code Ann. § 14-234-601 et seq. (Appendix A) and Arkansas Code Ann. § 14-229-103 (Appendix B) shall become the property of the Utilities Financial Services Division with no fees assessed by the collection agency. In the event a flat collection fee is proposed, regardless of collection balance, the City desires a tiered recovery chart for all accounts turned over to collections. Proposers shall provide tiered pricing City of Fayetteville, AR RFP 22-11, Collection Services Page 13 of 17 structure to provide a higher fee for accounts collected immediately vs. accounts that are not collected for 6 months, 9 months, etc. It is the desire of the City to contract with an entity that can demonstrate adequate knowledge and experience for collection efforts. 5. INSURANCE: By executing an agreement, auditor certifies that it is aware of the provision of A.C.A. §11-9- 401, which requires every employer to pay or provide compensation for an employee's disability or death from injury arising out of or in the course of employment and certifies that it will comply with such provisions before commencing the performance of this proposal. Vendor shall submit a sample Certificate of Insurance (COI) showing the curre� s of liability with RFP response. The City does require professional liability insurance, workers co tion insurance, and auto insurance as applicable to company structure. Certificates of insurance s��coverage indicated within the sample COI shall be delivered to the City prior to issuance of Notice t eed and shall be maintained throughout the contract term. n• 6. MISCELLANEOUS PROVISIONS: a. Periodic progress billings may be submitted as�w gresses, but not mkPIten than monthly and not more than 75% of the estimated cost of avic hall be paid, ri g the yearly audit period. The remaining 25% shall be paid upon deliv ry the c ted au b. The auditor shall keep the City ad of p ' n nd a anges in financial disclosures, accounting practices, and repo r elines h wo ' ct the City and its financial records and shall be available for consu ati n and cl ' i tion o utters. 7. PROPOSAL CONTENT: Proposa haq be pr ed si lyy economically, providing a straightforward, concise description its ability eet the r re r the project. Fancy bindings, colored displays, and promotional material ar ot*required. sis be on completeness and clarity of content. 8. CONTRACT FORMATIOI • f the negotiation pr uces mutual agreement, a contract will be considered for approval by th y o Fayetteville City cil. If negotiations with the highest-ranking Proposer fail, negotiation&—rilt initiated with th highest-ranking Proposer until an agreement is reached. The City reserves to reject all offe ' the process without executing a contract. The initial term of the collection s ices contract shall be for a period of one (1) year, starting with the date approved by the Fayetteville City Council. The contract shall be renewable by mutual consent, at a mutually agreed fee on an annual basis thereafter for four (4) additional years, for a total contract term of five (5) years. The contract may be terminated by either party by giving the other party written notice of such intent not less than sixty (60) days prior to the effective date of the termination. In the event of termination, claims for compensation owed the consultant by the City shall be limited to verifiable services rendered. 9. SELECTION CRITERIA: The following criteria will be used by the City to evaluate and score responsive proposals. Proposers shall include sufficient information to allow the City to thoroughly evaluate and score the proposal. Each proposal submitted is not required to be ranked by the selection committee. The contract may be awarded to the most qualified firm, per the evaluation criteria listed below, based on the evaluation City of Fayetteville, AR RFP 22-11, Collection Services Page 14 of 17 of the selection committee. Following the evaluation of the proposals, the Selection Committee may request that the top-ranking firm(s) make an oral presentation or be interviewed. If presentations are necessary, they will take place in Fayetteville, Arkansas. Notices will be sent by the Purchasing Division. 1) 20% Qualifications in Relation to Specific Project to be Performed: Information reflecting qualifications of the firm. Indicated specialized experience and technical competence of the firm in connection with the type and complexity of the service required. Subcontractors, if used, shall be listed with information on their organization. 2) 25% Experience, Competence, and Capacity for Performance: Vormation reflecting the names, titles, and qualifications (including experience and cal competence) of the major personnel assigned to this specific project. This Jude but not be limited to: quality of representative projects, experience I uccess with public/private development projects, financial capacity to compldeliver the project. 3) 20% 4) 20% 5) Proposed Method of Doing Work: A prop k plan (description of how the project would be conducted as well as other fact ncerning approach to scope) indicating methods and schedules for accomplishiope of work. Inclu with this the amount of work presently underway. This als nudes but is not lim o degree to which the preliminary development conc d si sign mneRFP requirements and preferences, proposed buildi pletion tive a dule, demonstrated market viability, and demonstrat c berae A • Past Performance: re 30 eval shall b �i'sidered a significant factor. If previous evaluations with t ity ar avai I e professional firm's past performance records with �ty a d othe e use , i luding quality of work, timely performance, diligence, dd airy oth ne i ormation. Firm will provide a list of similar jobs perfor e an per s m t an contact for information. 15% C t IFs. Complete costswfees as described in this RFP, financial viability for ns ruction and deliv�r the proposal including fiscal feasibility and financial stability. Z.X. financial analysis, i lud g a comprehensive risk assessment shall be conducted and ,qQsubmitted with re rn to ensure the proposed partnership meets the fiscal needs of the project with a ac table level of risk. 10. ADDITIONAL DOCUMENTS AND INFORMATON: The following documents are included with this solicitation as additional information: a. Appendix A: ACA 14-234-601 b. Appendix B: ACA 14-229-103 c. Appendix C: 2020, 2021, & 2022 YTD Bad Debt Accounts Summary City of Fayetteville, AR RFP 22-11, Collection Services Page 15 of 17 City of Fayetteville RFP 22-11, Collection Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your respo Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a result=► ur response. This form must be completed and returned in order for your bid/proposal to be eligibly fir cPsideration. `V PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROP RIO APPLIES TO YOUR FIRM: 1) NO KNOWN RELATIONSHIP EXISTS V 2) RELATIONSHIP EXISTS (Please expla � � V ,V �►' I certify that; as an officer of this organization, e a letter rization, am duly authorized to certifythe information provided herein are a e and d r�ization shall comply with all State p �� pY and Federal Equal Opportunity and Non- iscr ation emeni conditions of employment. Pursuant Arkansas Code Annotated §25-1-503, t Titractor as and certifies that they do not currently boycott Israel and will not boycoNrael durin am ich they are entering into, or while in contract, with any public entity as defy dtn §25-1-5 t a during contract the contractor decides to boycott Israel, the contractor m of the contra ed tity in writing. 2. PRIMARY CON FORMATION At the discretio h City, one or mor i may be asked for more detailed information before final ranking of the firms may also includ r views. NOTE: Each Proposer shall submit to the City a primary contact name, -mail address, and pnumber where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Primary Contact: Phone#1 (cell preferred): E-Mail Address: City of Fayetteville, AR RFP 22-11, Collection Services Page 16 of 17 Title of Primary Contact: Phone#2: 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 4. PRICING: • G Pricing shall be attached as a separate form. Reference RFP for details on III pricing shall include. 5. DEBARMENT CERTIFICATION: Qj As an interested party on this project, you are required to provide rment/suspension certification indicating in compliance with the below Federal Executive Order. Certifii n can be done by completing and signing this _ form. O Federal Executive Order (E.O.) 12549 "Debarment n�uspe . n requir t all contractors receiving individual awards, using federal funds, and all pients c tify hatt nization and its principals are not debarred, suspended, proposed for debars, declarr igibledfuntarily excluded by any Federal department or agency from doing busine ie Fedbvern Signature certifies that neither you nor yo�ncipal ntl d d, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from ation transaction by any federal department or agency. uld be dir ted o ity of Fayetteville Purchasing Division. Questions regarding this fo IT, NAME OF COMPANY• 01 PHYSICAL ADD • MAILING ADD SS: PRINTED NAME: PHONE: FAX: E-MAIL: SIGNATURE: TITLE: DATE: City of Fayetteville, AR RFP 22-11, Collection Services Page 17 of 17 Appendix A Page 1 0' LexisNexise 1 of 1 DOCUMENT Arkansas Code of 1987 Annotated Official Edition © 1987-2016 by the State of Arkansas •G All rights reserved. ` *** Current through the Second Extraordinary Session 2016 of th h eneral Assembly *** Title 14 Local Governme Subtitle 14. Solid Waste Disposal, Waterwor s, A Sewers Generally Chapter 234 Waterworks an r Supply Subchapter 6 -- Collection o;� ent Water Bills `O GO TO CODE ARCHIVE DIRE40T FO JURIS • 1�iON A. . �1W/134-1 61 • 14-234-601. Definitions. O `` G � As used in this subchapter: O not for profit, that provi members of the general water, wastewa users, inOicipa lc (B) Counties; s an entity laws of the State of Arkansas, whether for profit or stores raw or potable water for the benefit of other users; and -m"Vans any entity that provicINdistributes, transmits, treats, pumps, or stores raw or potable sewage for the benefit o rs of the general public and commercial, industrial, and other ut limitation, the followilg eAtTties that perform such activities: (C) Public facilities boards; (D) Public water authorities; (E) Central Arkansas Water; (F) Regional water distribution districts; and (G) Water associations. HISTORY: Acts 2003, No. 769, § 1; 2007, No. 360, § 1. Page 2 A.C.A.§ 14-234-601 HIERARCHY NOTES: Tit. 14, Subtit. 14, Ch. 234 Note Tit. 14, Subtit. 14, Ch. 234, Subch. 6 Note Appendix B Page 1 0' LexisNexise 1 of 1 DOCUMENT Arkansas Code of 1987 Annotated Official Edition 500, (0 1987-2016 by the State of Arkansas e) •G All rights reserved. ` *** Current through the Second Extraordinary Session 2016 of th h eneral Assembly *** Title 14 Local Governme Subtitle 14. Solid Waste Disposal, Waterwor s, A Sewers Generally Chapter 229 General v ons GO TO CODE ARCHIVE DIREC • OR IS JURISDI,\A i A.C. -103 (016 14-229-103. Termination of water service. ` ` ♦ G O (a) A municipality owning or operating a b] sewer sewer ement district that provides sewer service to its citizens may request a ater association �r impr istrict, or a water authority that provides the water service to terminate the wht�sePYice to a si nt w s de ' uent at least thirty (30) days in making payment to the municipality for Jl er service ooste v' e. (b) The water associ 'oVifor wterr improve ent dis water authority shall send notice to a person who is delinquent in making jayme sewer service or e service of the date the water service will be terminated and shall terminat e water service upon that date unl the balance due the municipality for sewer service or solid waste service i [CO (c) T er association, water impr t district, or water authority shall terminate the water service upon certific e municipality that pafi. 1 Is more than thirty 30 da s�lin uent in making payments for sewer service or solid waste service; and () rt1' ( ) Y q g p Ym > (2) Has been sent notice of the termination of the water service as required under subsection (b) of this section. (d) As used in this section, "water authority" means the public body politic and governmental entity organized under the Water Authority Act, § 4-35-101 et seq. HISTORY: Acts 1995, No. 717, § 1; 2009, No. 195, § 1. NOTES: Amendments. The 2009 amendment inserted "or water authority" or similar language in (a), (b), and (c); inserted "or solid waste service" in (a), (b), and (c)(1); redesignated (c) and substituted "as required under subsection (b) of this section" for "by the municipality" in (c)(2); added (d); and made related and stylistic changes. Appendix C ACCOUNTS SENT TO COLLECTION 2020 ACCOUNTS SENT TO COLLECTION 2021 ACCOUNTS SENT TO COLLECTION 2022 YTD DATE COUNT AMOUNT DATE COUNT AMOUNT DATE COUNT AMOUNT 3/2/2020 196 $36,150.55 5/28/2021 214 $27,402.27 2/18/2022 627 $92,972.09 3/10/2020 920 $120,383.84 6/21/2021 182 $25,387.23 4/22/2022 1,859 $326,047.08 8/27/2021 681 $80,086.70 022 2,276 $772,116.93 1,116 $156,534.39 1,077 $132,876.20 *` 4,762 $1,191,136.10 CITY OF FAYETTEVILLE AR KAN A RFP 22-11 Addendum 1 Ray Klein Inc, dba Supplier Event Information Professional g0dit Response_ Number: RFP 22-11 Addendum 1 Title: Collection Services O Type: Request for Proposal G Issue Date: 11/6/2022 Deadline: 11/29/2022 02:00 P ' Notes: The City of Fayette i seek' que ro osal from qualified and experienc fi s to pr olle ti ervices for miscellaneous mu Icipal nts f 1) year with four (4) one- year reneNII options, a possibl-o'a'�ontract term of five (5) years. Any qu ionk concer this solicitation process should be directed to HVdJ Beilfus , y of j ayetteville Sr. Purchasing Agent, at it s@fayette�cille-ar. % ev Contact Information Contact: Amanda Beilfu� Address: Purchasing Room 306 City Hall 113 West Mountain Street - Room 306 Fayetteville, AR 72701 Email: abeilfuss@fayetteville-ar.gov Page 1 of 2 pages Vendor: Ray Klein Inc, dba Professional RFP 22-11 Addendum 1 Credit Ray Klein Inc, dba Professional Credit Information Address: PO Box 7548 Springfield, OR 97475 Phone: (866) 320-6527 Web Address: professionalcredit.com By submitting your response, you certify that you are authorized to represent and bind your company. Tyler Honce tyler@professionalcredit.com Signature Email Submitted at 1112912022 01:22:04 PM (CT) Requested Attachments -.Cje) RFP 22-11, Collection Services ,[-"*1 Fayetteville, AR Proposal 2022.pdf Please attach the signed and completed RFP form, located in the 'A � s' tab, along with any additional documents. C3 Response Attachments e'!�\ #61 Fayetteville Pricing Page (1).pdf Pricing Page Page 2 of 2 pages Vendor: Ray Klein Inc, dba Professional RFP 22-11 Addendum 1 Credit Professional Credit Proposal For. RFP 22-11 , Collection Services City of Faye?ille, AR xOC) � *+ resented By: Ray 011 c., DBA Professional Credit Tax ID: 93-0586455 ep lqj Tyler Honce Sales Executive tyler@professionalcredit.com 360-567-4983 400 International Way Springfield, OR 97477 AM Executive Summary 4 Scope of Work & Conditions nn� 5 A. Written Narrative of Method & Manner 6 •G Collections Workflow ` 7 B. Description of Experience 19 Personnel Qualifications 20 References • ` 30 �O Client Tools 31 G G • �, Our Unique Technology `Qj . 32 Overview of Onboarding Pr a► 33 Data Security � (�, � 34 Professional Credit ' a somplia vper 35 Signature Sub ae 36 Sample Rep Letters 38 01 Page 2 of 44 y Dear City of Fayetteville, The team at Ray Klein Inc., DBA Professional Credit ("Professional Credit") appreciates the opportunity to submit this proposal to the City of Fayetteville, AR, in response to your RFP #22-11 for Collection Services. We understand how unpaid accounts are an obstacle hindering the ability to provide valuable support to the City's community. We believe we are the right agency to fulfill the scope of work outlined in RFP #22-11 and enter into a contract with the City. Your contact for this project will be Sales Executive, Tyler Honce. Professional Credit combines cutting -edge technology with a dedication to consumer well-being reflected by our belief that consumers truly want to resolve their financial obligations. We are committed to establishing a partnership based upon mutual trust and quality services with the following advantages: • National collection agency, licensed to collect throughout the United States. • We currently collect for over 950 state, county, municipal, healthcare, and 11u G clients, utilizing our 89 years of experience in collecting for government entities. • Strong and established relationships with similar clients such as the Ciro rtland Water Bureau, City of Tucson Water, Tampa Electric, and Black Hills Electric. • Dedicated Behavioral and Data Science teams that, with the hech analytics technology, constantly monitor agent and consumer behaviors for opportunities to imp v ollection processes and consumer interactions. • We are 99.99% complaint free —that's only one compla 1 ',000 contacts. • Bilingual Spanish-speaking staff, Spanish languag a1cM tutorial videos, and rea ' e translation services with access to 230+ languages are availa • We emphasize rigorous regulatory and data se ri mplian Qd multipl dent audits and certifications to prove it, including SOC 2 Ty ificati nstand ata security, and an A+ rating with the BBB. • We use 20+ data vendors who have a countl 6 bases, h tter enables us to find consumer information and resole It is our honor to share the detailsKProfessional Cre rnque m ogies and value with the City. We thank all participating members of the reviea*or their n 'aeration and�orward to a successful working relationship in the future. Sincerely, D l i Jeff Johnson Chief Client Officer 541-335-2207 jeff@professionalcredit.com 400 International Way Springfield, OR 97477 ProfessionalCredi t.com Tyler Honce Sales Executive 360-567-4983 tyler@professionalcredit.com 400 International Way Springfield, OR 97477 Page 3 of 44 Executive Summary Professional Credit was founded in 1933. With a strong presence as one of the and most -established agencies in the US, Professional Credit has 89 years of success collecting for the government, healthcare, and utility industries. We have more than 120 employees and our corporate headquarters are in Springfield, OR. Because we are licensed to collect in every state, we do business across the United States. We provide collection services to 950 municipal and state government agencies, utilities, andPv2althcare clients. Our collectors follow strict guidelines regarding the release of consumer information and collec ays follow the guidelines of the Fair Debt Collections Practices Act (FDCPA) when discussing accoun he responsible party. Our conservative approach to compliance even has our collection processes followlf� elines of FDCPA for those miscellaneous AR accounts that may not fall under the FDCPA. It is our aim to transform the receivables management industry by pr dapting to evolving consumer communication preferences and empowering our staff to effectively colla e on ways to resolve financial obligations. With cutting -edge industry technology, we study cons rends and deploy advanced automation and analytics to continually improve collection strategies and intgrnS�t sses. By employing a nsive technological resources, we are able to ensure we are delivering the ma ' turn our clients. 0 Professional Credit offers unique technological re ou �providi g co enient nd full transparency to collection activities and account management th� sec Tools o rtal. Clients can access recordings or transcripts of any consumer call g Mrough o e port ition, we provide a thorough review of our performance and collabora wit r client inuously e our service. V We also make it easier for consu s thgough our by that pe—��yE want to pay their bills, but may need help and guidance. We focus on etive,l►omplian sitivg ement by employing behavioral science, data science, and advanced analyti�he'd cs. ll► additi to hav i1�l�iost comprehensive and convenient access for consumers to manage flit unts and c munic through online and mobile self-service tools, texting, chat, email and our service center. our emphasis on ethics and evidenced -based practices, Professional Cr ' is u ' ue in our industry, allo ing to provide better value for our clients and their consumers. Professional is a private C Corporation I our executive leadership team including CFO Ginger Patmore, Chief Ope icer Carl Christense e Client Officer Jeff Johnson. This team reports to the board of direct , h re not directly involve i"o-day operations but provide oversight to the organization. ProfessionalCredi t.com Page 4 of 44 Scope of Work & Conditions In the following statements, you will answers to questions A-J in your Scope of Work & Conditions. A. Professional Credit understands that the City requires a gross remittance of all collected fees to be sent from Professional Credit to the City. Professional Credit will set up two separate client accounts - one for Utilities Financial Services and one for Accounting. Payments will be sent separately to each of these departments no later than 15 days after the end of each month. A separate invoice will be sent to each of these departments for the collection fee that is owed to Professional Credit. /►_ B. Professional Credit understands the importance of reaching out to consumers early i Ilection process to get the best possible recovery on accounts. We know that the earlier we contact consuM t more likely they are still at the same address and have the same phone number, that is why our team reach; almost immediately, and continues to reach out to the consumer throughout the time the account is with Professional Credit. Our Collectors take the approach of requesting payment in full and then offer payment arrarAnm%nts if payment in full is not an option for the consumer. Professional Credit agrees that any account t at is ngt paid/settled in full, in a payment plan or in a legal status 365 after placement will be canceled back to the Cit at no additional fee. r C. Professional Credit would like to ensure that the City is referrin Il'aonsumers that have been placed with Professional Credit to our collection team. In most cases, a r-or u reaches out to the on al creditor (in this case, the City) because of our collection efforts (the mess eave d letters we se we therefore request that payments not be accepted by the City fora placed ith frofessio . In the event r Professional Credit has not performed collection effo payment en by tM rofessional Credit i agrees to cancel that account back to the City a nal fge ` D. Professional Credit agrees to immediat s p o ection e(fohen a tcy is identified. Part of our process to ensure we are not contacting ons s wher is ma ded in a bankruptcy is to perform a bankruptcy scrub on all accounts at the ti placem �`"' h us. I a�tcy is identified, we will notify the City and send the account back to the ity. Professional i Iso pe s ngoing bankruptcy scrubs on consumer accounts. If a bankruptcy is id e tif�t by point ri the coil do ocess, all collections will cease and the e Cit account will be canceled back V y. E. Professional Credit p s continued inve ment in y, which includes our secure, online client tools portal. This portal provides 1/31 9ccess to clien to vac 'ty on accounts placed with Professional Credit including collection notes, ayme nd adjustments taken, a ss o recorded collection calls. Along with account viewing, numerous ca d nd c stom reports are avai%�la�,, an exportable via Excel. F. Profes i Cr dit agrees to confor 14 f able Arkansas state collection laws. G. Pro sional Credit complies with all Iicable laws and regulations including but not limited to the FDCPA. Page 5 of 44 Scope of Work & Conditions cont. I. Please see our attached section C - Fee and Cost for an overview of Professional Credit's knowledge and experience. Professional Credit would like to point out that recovery is based on a number of factors, not just the age of placement. Recovery rates are very important to both Professional Credit and the Cities we partner with. Professional Credit's goal is to achieve the highest recovery possible. Two things that can greatly impact recovery are the age of accounts at the time of placement to debt collections and the amount of consumer information that is SIS.,lThe following list displays the increased recovery percentage a City can expect when the following data ele e provided for both municipal court and miscellaneous accounts. • Date of birth = 5-10% • • SSN = 5-10% ` • Cell phone = 2-5% • Email = 2-5% • Driver's license = 2-5% • Employment information = 2-5%. The following table displays the recovery rates for clients wliW,lccount types similar the City. • v Age of Account IV- ecov ` 0-90 days 4 91-180 days 1 .26% 11 180-365 days �1 15. OX 365+ days o V 'I �_" J. Professional dit's perience collecting on ebt an be found on the following pages under Professional Credit's Met Manner section of this pro r I. Page 6 of 44 N Professional 71 Credit At Professional Credit, we understand that collecting on past due utility and miscellaneous AR accounts requires specialized care. Our staff has been providing compassionate collections to major government agencies for 89 years. It is our philosophy to listen to each consumer, consider their circumstances, and to offer opportunities to pay that benefit both the consumer and our client. Each of our collectors signs a pledge signifying their commitment to treating every consumer with the utmost respect. !+_ Professional Credit knows that speed is important. For those accounts missing goof p address information, we will use our Proprietary Waterfall system to obtain new data so we can quickly ce e consumer. 1l We do an initial bankruptcy scrub, daily bankruptcy scrub for accounts ain 4�,-ti criteria, and a weekly deceased scrub. This, too, optimizes dollars collected.' We use purchased data when necessary, advanced skip-tracin eeded, and a focus on stablishing payment plans whenever possible. The content of our letters and w b♦�nication make this poi sistently. To optimize the amount collected, our collectors u� advanced methods of ski tracing, g p g, including use ` � proprietary Robust Monitoring. This techni p1los us to determine which patients are able to p . Wus �" the majority of our efforts on these consum . We als�j� use Robust Monitoring technology�aler�us whe v positive events happen in thes onsuTners' liv ♦P#e n we re come the uestion the acquisition of anewjo or p�Rchase car, n.?..we see a positive change in which suggest an increa e a ility to pay. e payment plan values. Our behav' al entists help us to use Ian at produces the best possible outcome, and encourages the consu t e cooperative while taki Their financial responsibilities. Having the right conversations, using the ri age, at the right time, wi a right consumer, contributes to maximum recovery efforts. We recognize that signs antly greater success in recovery is a result of a more sensitive, compassionate, yet direct approach, than the traditional hard and fast approaches of the past. On the following pages, you will find a detailed description of our phased collections methods. ProfessionalCredit.com Page 7 of 44 Collections Workflow 74,4D PRE PA RAT I OFJ We can and will file reports with all three national credit bureaus, where permitted on all accounts with a combined balance of $50 or more. We can pursue account. we are provided an email address for the consumer. We can accept all forms of p portal, by phone, or by mail. )ursue collections of $25 or more if our online payment J1�L! CG Accounts are scrubbed initially to determine prob Mle, payment. hose accountelihood of payment will be validated and receive several communications v' mai d email. c nts with missing or incorrect contact information will be processed thro r roprietar at all skip- d ystem. V 0% Our trained attempts ar The contact consumers. We continue with additional contact Mors who have access to an extensive number of databases. Page 8 of 44 N Professional 71 Credit In early stages of preparation, Professional will provide the City with a dedicated, toll -fry phone number to connect consumers with live representatives. A'S, •G Send Accounts in Any Convenient Format ` The City saves time and effort when transferring accounts to Professional Credi se we accept all file formats. You can also use EDI (Electronic Data Interchange) to standardize accounts nd them electronically. Many clients deliver accounts through our Client Tools website, an online ount management portal for clients. The Client Tools website is encrypted and secured through: • TLS (Transport Layer Security) • O • SCP (Secure Copy) �` • SFTP (Secure File Transfer Protocol) G' • • Encrypted email `V ` JIQ We will accept any file format you use a se a value Jo,e. Timely Acknowledgment That We Have ceived fits When the City first sends electroni d/sf paper f' shave acceVfo the Acknowledgment Report on the Client Tools website. The Acknowledgmen is accounts signed Nzion alphabetically and provides: • The' iCtysa o umber • Our a Is a count number • S ce formation and balance • f accounts in months Within 2 ours, you will know that experienced collectors are servicing accounts. ProfessionalCredit.com Page 9 of 44 N Professional 71 Credit r UJv1-f1-1`j JE-J.,, We Screen New Accounts for Bankruptcy Filings and Deceased Consumers When your accounts load, we automatically run a "scrub check" which will: . 0 V • Check for bankruptcies on a daily basis for accounts in a legal status. •�G • Review the Social Security Administration's weekly report for deceased n uers. Through this "scrub check," we: • Address the legal requirements of the bankruptcy process • Offer consumers and their families the utmost respect in a icul ime While many government accounts are not subject to disch r�process still gives us il! �11 o the circumstances of the consumer so we can be respectful and effective �V" o G • �, o � ProfessionalCred it.com Page 10 of 44 N Professional 71 Credit z We Immediately Begin the Collection Process on Accounts We will be both thorough and speedy in recovering revenue. We begin Phase 2: Initial Ins Activity within 72 hours after accounts load. Professional Credit focuses our recovery efforts on the a �� that will produce the most recovery for clients. Using a proprietary propensity to pay scoring model, accour as e scored and segmented to align appropriate work efforts. Professional Credit has not only recovered moi4dglars with this method, we have also reduced the number of complaints received. Our agency's communicates arVesigned and scripted by our Behavioral Science Team and clearly explain the account's delinquent atus! Written notifications include: • A toll -free telephone number. • Directions to access easy to use online payment optior� ♦ v i�► • Locations where the City's consumers can pay in V We use a Non-FCRA score on 100% of our accougs urchas d p bility to ore applicable to all consumers and does not use credit bureau data.bffally, d► ze the ei ess of our initial communications, we: �^ • Include disclosures required uni • Use in-house legal specialists a for legal compliance. K Act). eview attorneys to check letters • Apply four different re bilit;kscores letters ,�r 1@s effective as possible for a broad array of audiences. ��` • Send letters i i'for the City' Spanishts�eafcir� consumers. • Use in ut fr havioral Science Team to ensure that letters are persuasive, clear, and respectful. p p p Our largeq)A 4s facility located in Sprin R, uses an automated outbound dialer. This dialer: • (Telephone Consum tc�fon Act) compliant. • es list of accounts to be c ed at regular intervals. Our Problem -Solving Collectors Are Here to Help Consumers When consumers answer, collectors: • Update consumers' contact information. • Document reason for delinquency. • Use problem -solving skills to resolve consumers' financial obligations. • Obtain payment in full or set up payment plans. ProfessionalCredit.com Page 11 of 44 N Professional 71 Credit We Escalate our Efforts and use Additional Resources if we are Unable to Make Contac Phase 2. If we receive no response during Phase 2: Initial Collections Activity, we move the account e 3: Advanced Collections Activity. •G Our ACA International -Certified collectors use extensive resources to maximize ty's recovery. Our collectors: • Carefully review previous work on accounts. • Use data analytics to find the best strategy for collecting account • Use advanced collections techniques to ensure the City r ceVs the most recovered revenue as possible. We use a Non-FCRA score on 100% of our accounts. It's u sed ability to pa s �plicable to all consumers and does not use credit bureau data. 0 rr p�ra Anal { ss T�m all ecialize in collecting utility and miscellaneous AR accounts V y V • Streamlining the collections process to e Cit • ei a the re revenue sooner. . G�` Analyzing account attributes. � �► • Giving our agency an accurate a esent of out 'k ''hood aQI1 1 g an account. • Determining the most effejt�ive and efficient c on strat an account. •_�C "Daily Huddles" are a time to review regulatory changes and discuss process improvements. ProfessionalCredit.com Page 12 of 44 N Professional 71 Credit Our Agency Personalizes Collections Efforts to Liquidate Difficult Accounts We will work the City's accounts until the best possible recovery rates are archived. We have nced technology and knowledgeable staff that enable us to go above and beyond what clients expect. e�/ We will use the following advanced collections efforts to increase the City's recover venue: • Send additional written notifications • Call references V • Call all listed numbers • Search for more consumer or business information using K'\VV a rfall skip -tracing tool (seen on next page) • Use manual skip -tracing techniques to research accour7Identify assets ' • Place so-called "uncollectible" accounts into our 1n�$.ous m nitor' g progr Ilect when consumers experience positive financial changes • Get credit reports (when allowed) `� ♦ ` • Report to the Credit Bureaus when ap to data �pare r the placement file. With our Robust Monitoring Program, weollect o rots th tencies typically can't. The Robust Monitoring Progra • Maximizes recovery on a ounts t 0 mpetiti0 I deem unworthy of their time, effort, or resources. • Uses sever v �d�lprograms to continu s itor accounts for positive changes in consumers lives. • Alerts c _to hen to reactivate acco nts as long as the account is with us. ProfessionalCredit.com Page 13 of 44 N Professional 71K' Credit Professional Credit's Powerful Proprietary "Waterfall" System Professional Credit automatically enters your accounts into the Waterfall process • Professional Credit Completes the entire process within three days. • Professional Credit uses the Waterfall process to find updated consumer information (i.e. address and phone number) • Professional Credit sends accounts to the next vendor until we obtain all desired information. 1 When Professional ,L phone number off Professional Credit upload and st �i checks account phone collections c Good Phone Number Found Lnumbers and addresses • ,4------ I 1 Vendorl Good Address Found dory 1mo- ------------- I 1--- ------------- i I P � exA, Best phdmber automatically populates collections software BeNaa 'dress automatically populates collection software cates additional ss information, we information to the ata vault. Dlbnal Credit monitors and gates which vendors provide the est quality of correct data. • We add, elete, and move venrdingly. ndor 4 r INo information received from any vendor. Account exits Waterfall Process We analyze balance and score criteria to determine whether we Professional Credit Professional Credit Send the account toFEntere accountinitiates calling initiates notice a collector for e Robustcampaign series further review ng Program ProfessionalCred it.com Page 14 of 44 N Professional 71 Credit Investigation Team Performs Deep Manual Skip -Tracing for Consumers' Contact Information and Assets. Sometimes, the City's accounts need the personal touch that only a trained investigator c That's why our agency is here to help. Our specialized investigators manually skip -trace accounts to fi d sumer contact and asset information. ` �l To find consumer contact information, investigators: Z • Review Credit Bureau Report (when applicable). • Review state agency databases, like the DMV (where allowed) o ore obscure databases, like Fish and Wildlife agencies. •(`�_ • Mine social media, telephone directory, and direct Py si ance sites. • Perform real estate searches and access state a infor • Follow up on references. V ♦ ` Additionally, investigators perform weekly, mon ;$ quarte N a ches for- • Places of employment • Real estate holdings G J► • Bank and brokerage acco%ts e�) • Automobiles ` • Other assets of value ` In short, our investig P V • C;IQ ugh t amounts of data to fi d t City's consumer information. • CCity's consumers. _� • H e resolve 1qQ ProfessionalCredit.com Page 15 of 44 Summarized Collection Workflow Client accounts received and WITHIN 72 Accounts scored based one entered manually or by EDI. HOURS collectability and barn 1 Scrub for bankruptcies and Professional Cr deceased. OUTREACH proprietary mu ndor BEGINS waterfall is u entify a + new phone ry ber and Notice of assignment sent Press. within 24 hours. . O AS EARLY AS 45 DAYS �NGOI ` This may include 2-3+ New Nk4tition i additional notices, calls cou y so t, to references, deep ROBUST acc eal c t o a skip -tracing to locate, MONITO G semi team lution identification of asset hen ge ntact information, and A �WrmLk%Tstobtained or obtaining credit info if a y o pay is permissible. n onstrated. If consumer can, b n't pay, and if client is im§dLN in the Professional Cred%Legal Program, our Decision Science Team may refer accounts to the Litigation Team for suit approval; once all client, economic, and quality steps are complete. Paid in full or reasonable payment arrangements are made. Based on score, either multiple contact attempts are made or placed into the robust monitoring program. No response or when consumer is reached, refusal to pay. Accounts can be Ongoing canceled and automated returned per client monitoring. Parameters. ouse Weekly, Monthly, and Periodic Wrneys and a Asset searches are performed for network of Judgement Accounts and certain attorney Pre -Legal Accounts (where ASSET relationships SEARCHES warranted). across the country handle accounts Scrub checks for bankruptcy filings anywhere in the upon loading. Deceased scrub United States. checks every 7 days. Page 16 of 44 N Professional 71 Credit It is our aim to transform the receivables management industry by proactively adapting to rapidly evolving consumer communication preferences and empowering our staff and consumers to effectively collaborate on ways to resolve financial obligations. With cutting -edge industry technology, we study consumer trends and deploy advanced automation and analytics to continually improve collection strategies and internal processes. By employing extensive technological resources, we are able to ensure we are delivering the maximum return for our clients. Our internal study of payment methods showed that, when comparing digital paymeacounts ods to traditional payment methods, the first payment is made 14 days quicker with digital options are PAID IN FULL 42% quicker than with traditional payment methods. • Making it easier for clients, Professional Credit offers unique technological a nta es by providing convenient access and full transparency to collection activities and account manage e �gh the secure Client Tools online portal. Clients can also access recordings or transcripts of any consu r addition, we provide a thorough review of our performance and collaborate with our clients to continuous) rove our service. We also make it easier for consumers through our philosophy �ple want to pay their ills, but just need help and guidance. We focus on effective, compliant, and posit' ement by employing b ioral science, data science, and advanced analytics. In addition, we aim to h most ^prehensive enient access for consumers to manage their accounts and communicate ith througkL)e and Wi i -service tools, texting, chat, email and our highly -trained service center. ` Combining our emphasis on ethics and eviden ed pra rofes io r it is unique in our industry, allowing us to provide better value for o er nd their ers. Professional Credit understands thfunique nuance 1ecting m i I utility and miscellaneous AR accounts. Because of the time it takes to oll n�Phany of s account our going robust monitoring program, which monitors improvements in the onsi le part ial sit o our process ensures accounts get worked for the duration of the time the a�pu al'e place - not i first six months. Professional Credit's Account Receivable Managemen m enables u o setup ient accounts so the City and specific courts can monitor recovery on o very vs restitu on a nts nd ensure our processes are meeting your expectations. Sp e # Bureau Our leQs are distinguished in our field. e share our knowledge and set ourselves apart as an industry leader through our unique Speakers Bureau. This series of training, consulting, and education sessions focuses over a range of topics: A/R Management, Healthcare, Leadership, Lean Management, Motivation. We put our expertise to work to share our success with others in the industry who face many of the same challenges. As a benefit to our clients, Professional Credit offers free annual training on the topic of our client's choice. ProfessionalCredit.com Page 17 of 44 Personnel Qualifications Below you will find details about the experience of those who will provide service to Fayetteville, including education, role at Professional Credit, and relevant experience. Key Personnel Responsibilities Education & Experience Dave White - Leads Professional Credit in its - B.S. in BusirU Management, Chief Executive Officer mission to positively transform the Truman S versity dwhite@professionalcredit.com collections industry - St di'ce & Management 541-335-2138 Inf4r do Systems -�ence in a leadership role for le collections organizations Ginger Patmore, J.D., CPA - Ensures prompt client and J.D., Arizona State University Chief Financial Officer customer payment all account - B.S. in Accountancy, Arizona gpatmore@professionalcredit.com and finance State University 360-567-4987 - Oversees activities acct - Over 20 years providing client department ♦ services in i nce and accounting - Manages to be wit II treasury regulat' Carl Christensen - Prima i o dirgct d - u� Management, University Chief Operations Officer overse oducti� d evenue f innesota and St. Johns cchristensen@ g9aer tin process ct tfl► ollecti versity professionalcredit.com 541-335-2137 Floor ver 60 V - M&ilRains o coIIe Dale Carnegie Completed Management Course ensures th Ilectors y - Responsible for all aspects client wo t dards ♦ collections operations with over 15 years of experience in all facets of A` collection leadership - AR Management veteran - Credit ACA International Specialist certification Jeff John"A - Solic4ilAnstant feedback from - B.S. in Business Management, Chief Client Officer customers and clients to bolster University of Phoenix jeff@professionalcredit. com proper communication - B.A. in Business and Human 541-335-2207 - Responsible for all of Professional Resources Management Credit's customer service and client - Brigham Young University relationships corporate goals for experience in industry and defines the sales team ProfessionalCredi t.com Page 18 of 44 y Wade Isbell, J.D. - Instructs collection staff on - J.D., Cum Laude, Seattle General Counsel & constantly evolving legal and University School of Law Chief Compliance Officer regulatory issues impacting the debt - University of B.A. in Journalism - wisbell@ professionalcredit.com collection industry to all Licensed attorney in Nevada, 541-335-2159 - Investigates and responds to all Washington, and Oregon consumer complaints received from - Federal Trade Former clerk State Attorney General, Better Commission (FTC) Scholar Business Bureau, and Consumer - ACA International Collection Financial Protection Bureau Certified Credit and Compliance Officer Tyler Honce - Maintains extensive knowledge of - BS i are Management & Sales Executive industry trends, general economic PolA11DVgon State University tyler@professionalcredit.com conditions, financial practices, and 4d1�s management experience Professional Credit's spectrum of ith team of 30 products and services.elivered business strategy and - Identifies, progresses, and eveloped systems and procedures develops new long-term' for efficiency relationships with governrrye clients. Juanita Chapa - Maintains Profe olle - Studi d g and Finance, VP of Legal Operations Specialist (PCS c cation Lard ity College jchapa@professionalcredit.com - Maintains re Coll ctio - Ov ears of experience in the 541-335-2268 Manag �11], certifiaat e ' ns industry International Collections 6\1 Cp � � pecialist Certification -Healthcare Collection IL Management Certification Dustin Griffin r Account Manager w -'Mana Go -clay tionships wi y rofes� ' al Credit's - BA from University of North Carolina -Wilmington in customer dustin@ professionalcr cyim la a ici al�ip`ts service management 360-567-3591 ProfessionalCredi t.com Page 19 of 44 dwhite@professionalcredit.com PROFESSIONAL EXPERIENCE �2- As President, I am responsible for leading the organization in our pursuit o ively transforming the accounts receivable industry and execution of our str Ian in adherence to our Core Values. I ensure the organization has a robust control envir t and adheres to legal, accounting, compliance and client trust requirements. Professional Credit President E 2022 - Present es t&C0 Responsible for oversight of Accounting, Trust, IT, Co ce and Human Resource departments. Strategic Resource Alternatives CG G CEO 2021 - 2022 • Completed first strategic acquisi ' ithin t t two s of employment. • Provides direct communica ' e bo irecto a quarterly basis regarding the future direction of the busin • Responsible for M&A or�unity d ment a h with due diligence assessments. Performant Financial rp r�'tion Senior VP 2017 - 20 � P V • Provides dir c mmunication to th rd of directors on a quarterly basis regarding the future r tion of the business. • Re o le for significant o rr nt contracts that are coveted by all outsourcing p ies to service. Convergent Outsourcing, Inc. Senior VP of Operations 2005 - 2017 Responsible for 25% of company's revenue generation and 37% of company's profit margin. or two years straight, the only executive that qualified for the maximum growth bonus by delivering year over year EBITDA growth of greater than 25%. Developed unique late -stage receivable management process responsible for 22 million USD in revenue annually that resulted in the highest profit margin segment of business throughout the organization. EDUCATION Bachelor of Science in Business Management, 2004 Dual Focus in Finance & Management Information Systems Truman State University Page 20 of 44 12204 SE Mill Plain Blvd Vancouver, WA 98684 541.335.2207 jeff@professionalcredit.com .1919*$1Is] ►I_]N*:/a4.114►144 I have 20 years of experience in the collection industry, and I use my knowle0of the industry to foster quality relationships with Professional Credit's clients. •`G Professional Credit Chief Client Officer 2006 — present • Solicit constant feedback from customers and clients - Ister proper communication. • Responsible for all of Professional Credit's customer service and client relationships. • Set and define corporate goals for the sales teZ. • Hire, train, and maintain sales team membeRs� �N Columbia Ultimate, Inc. ` �G.J • Senior Sales and Client Relations Manager 1N�e2O4• Established and managed key client rela• Worked collaboratively with CEO IT DiCIF Councils Covey Leadership Center/F klin►Co I Regional Sales Director/Sales C�ordinntern • I Division 1993 — 1997 • Designed and i t fined the d abase4.Ae to store all of the lead information. • Responsible oternational lead follow-up and sales responsibilities. p �� p p • Called Id related programs specifically to countries in the Middle East. CERTIFIC ko'TclZ S & AFFILIATIONS • Cfied 7-Habits Trainer • Healthcare Financial Management Association (HFMA) — OR, WA, AK, CO, ID Chapters • American Association of Healthcare Administrative Management (AAHAM) — OR, WA, ID, and UT Chapters) • Medical Group Management Association (MGMA) —Member EDUCATION • BS in Business Management, University of Phoenix • BA in Business and Human Resources Management, Brigham Young University Page 21 of 44 gpatmore@professionalcredit.com PROFESSIONAL EXPERIENCE V✓ In my role as Chief Financial Officer, I utilize my 20+ years of experienc�PA and my formal education to ensure the organization has a robust control environ d adheres to legal, accounting, compliance and client trust requirements. Professional Credit Chief Financial Officer 2017 — present Reported to CEO. Responsible for oversight of Acco Trust, IT, Complianid Human Resource departments. �►' • Implementations of proprietary, in-ho s are ( Tr , Pay i1�age Intacct, Concur and Office 365. ' • Development of internal audit p ac ` and os cha a ading to increased revenue opportunities and SLA improve en s of 80 1 e re i aff 40%. • Implemented exit strategy for founder/ow�i • Implemented growth a d Ns�Yateg' Privat q y owners. �: * � rv, P CORWIL Technology Cporation Vice President R inance 2013 — 2017 Reports dir President. Maria a a e, Accounting and HR departments. • I I tations of ADP r enow (payroll SaaS), 401(k) conversion, Concur (expense re ting SaaS) • Restructure of chart of accounts in ERP system to enable enhanced operational reporting and performance metrics. EDUCATION, LICENSURES & PROFESSIONAL AFFILATIONS JD, Arizona State University — 2002 • Arizona State University - Juris Doctorate in 2002 • Arizona State University - B.S in Accountancy in 1997 • Washington Board of Accountancy (CPA), Licensed August 2010 - current • Oregon Board of Accountancy (CPA), Licensed March 2003-2012 • Oregon State Bar, Licensed April 2003-December 2012 • Arizona Board of Accountancy (CPA), Licensed October 2000-2003 Page 22 of 44 400 International Way, Ste 100 Springfield, OR 97477 541.335.2137 cchristensen@professionalcredit.com PROFESSIONAL EXPERIENCE k I am a passionate management professional with over 15 years off er ence in the collections industry. I am skilled at managing top talent to better than expected'results in the areas of performance, compliance and retention. ✓ Professional Credit Chief Operating Officer 2022— present O �%`► Vice President of Collections 2017-2021 • Build and maintain highly effective t a approx ate y 70 c rs. • Develop leaders and inspire emplo��►impr entio roductivity. 06, JC Christensen and Associates/Arra services Gr � Collection Manager 2004 — 20 • Managed financials valid me I epart nts o quality performance for over a decade. * 4 • Managed prim s4condary, e- �ection portfolios for Cabela's, Kohl's, Centracare eAstems, and seve r similar clients. • Leverag at o drive business pr cti S. Central P io ontrol S Collecti ialist • M aged collection portfolio or a number of large financial services clients. AllianceOne Collection Specialist • Managed debt portfolios for USAA, GMAC, Wells Fargo, and Chase Bank. CERTIFICATIONS & AWARDS • Winner of the 2014 ACA International Kurt Swersky Award for leadership • Recipient of the 2011 ACA International Warren Siem Award for Best Creative Idea EDUCATION • Studied Management at the University of Minnesota and St. Johns University. • Completed the Dale Carnegie Management Course. Page 23 of 44 12204 SE Mill Plain Blvd Vancouver, WA 98684 360.567.4981 rhall@professionalcredit.com PROFESSIONAL EXPERIENCE k As the VP of Data Management, I am responsible for guiding ever p f the Implementation process with regard to data interface. I also oversee each clie 's transfer to and from Professional throughout the client's relationship with our co r I have over 15 years of experience working with collection software and imp lem 'ng EDI transfers and services for large- scale clients. I will work closely with you to ensure tha ssional Credit full meets all your needs during the on -boarding experience. Professional Credit Vice President of Data Management 2017nt �` • Collaborate with healthcare s e s o create&nsitio t egy tailored to meet their needs. • Responsible for on -boar ing new clie luding ' mentation and EDI file transfers. • Oversee the data ma a e A tea is res si a for seamless file transfer between Professional and youTNalth s e� •` Columbia Sportswe r Senior Business aly ,Global IS 2016 — 2 1 • Anal ported issues and ch requests for possible causes and solutions. • Cr and executed test ell as internal processes and documentation. �& CarePay t Senior Implementation Consultant 2014 — 2016 • Consulted with clients to complete file mapping and provide program training. • Conduct business analysis to prepare for program implementation. Columbia Ultimate Senior Implementation Consultant 2004 — 2014 • Provided business analysis, system training, implementation support, and consulting for large- scale clients with similar needs. • Consulted with executives, mid -level managers, supervisors, and front-line staff to identify and document business requirements. CERTIFICATIONS • Certified in Cadence Project Management methodology Page 24 of 44 12204 SE Mill Plain Blvd Vancouver, WA 98684 360.567.4977 jane@professionalcredit.com PROFESSIONAL EXPERIENCE V� With 30+ years of experience providing unparalleled client services in t Quit and finance industry, and seven working government accounts, I am uniquely qualified to valuable resource in addressing clients' issues and concerns. n• Professional Credit Vice President of Management 2008 — present • Collaborate with current clients to provide exc le��tcustomer service.` • Manage client relationships and ensure Pr09g nal Credit mainta i t work standards. • Contribute to the continued success of ion's sal�c�eam i ing sales goals and profitability for the organization. TransUnion O v Account Executive 1993 — 2007 Cj ' V" • Maintained current key ent�relatioPces4n4#Nstate and estaf�lhed new ones and promoted. TransUnion's custo infdrmati of Oregon and Southwest Washington. 4 • Provided ed i nd training�lsemin rs ustomer credit reporting and regulatory responsibilities both customers an ts. 7 Chase Manhattan (now J.P. Morgan Chase) Service Officer — Private Banking 1988 —1992 • Marketed Chase Private Banking services to qualified individuals. • Serviced client financial needs including deposit accounts, bond trading, foreign investment opportunities, and specialized loan programs. Citicorp Service Officer — Private Banking 1985 —1988 • Maintained deposit relationships with Private Banking clients and managed over $500MM in bond portfolio for clients. • Serviced and monitored custom loan portfolio of $260MM, including monitoring collateral values. EDUCATION BA in Business Administration, Ashford University — 2013 Page 25 of 44 400 International Way, Ste 100 Springfield, OR 97477 541.335.2268 jchapa@professionalcredit.com :%]y*31WL1Y-11%*:4:24.11a010:1 I am a collections expert with nearly 30 years of experience in the credit and J&1Sce industry, and manage Professional Credit's legal collections to ensure we meet our c4 s' needs. Professional Credit Vice President of Legal Operations 2018-Present • Oversee strategy for legal department to ensure oper io al efficiency. • Drive strategic and operational initiativesr the department and legal collections. • Identify and help drive implementation offole&a rtment process im ovements, legal reporting tools and/or workflows within th Ma ement Sy t • Work with Small Claims and Attorney Tea I"lanager0 nsur% ce to jurisdictional compliance. • • Collaborate with cross -functional inclu Ilection nt Services, Sales/Marketing and Accounting. • Trouble shooting and process ovem all a11?ctions to include Litigation, Small Claims and Attorney Tearnand Speci S. • Monitor legal budge alaA�ce nee R, V , , CA and AK including Small Claims, and Out of State Attorne ref rr'�Is bas roject' �d Client and Collection priorities to maximize leg e ry for Pro ssion I clients. Hawes Group Collection r 2012-2018 Commer ' Necial Asset Collecti ger 2009 — 2012 • Xfnecl Supervisors and lectors to ensure they are compliant with Professional's Mission, Visi n, and Values. • Developed, recommended, and implemented plans to increase recovery and streamline collection processes. • Analyzed and evaluated policy, procedures, and work standards for collection floor verticals. McKenzie Leasing and Finance, a Hawes Financial Group Company Credit Analyst 2006 — 2009 • Analyzed credit applications for credit approvals for consumer and commercial lease applicants. Professional Credit Service Collection Supervisor 2004 — 2006 • Provided leadership in quality and process improvement initiatives. • Assisted collectors in reaching department goals. Page 26 of 44 400 International Way Springfield, OR 97477 541.335.2159 wisbell@professionalcredit.com PROFESSIONAL EXPERIENCE I am an attorney admitted to practice law in OR and NV, and I have Compliance Management System to protect our clients' images anc requirements. Professional Credit Chief Compliance Officer & General Counsel (Promoted to C4U013) 2011— present • Successfully developed and implemented Professi l Credit's comprehensive Compliance Management System. _ ` 1, • Investigate and respond to all consumer i Better Business Bureau, and Consumer Fi • Instruct collection staff on constantly evQI1 4*?s r ;atory d from St torney General, �I Prot ctBur�1'Mf I and i at impact the debt collection industry. Thorp Purdy Jewett Urness & Wilki on Law Clerk 2010 — 2011 • Researched and reso vN6plex I I sues i re of family law, estate planning, personal injury, and corporatKv. ' '� • Assisted attorn iretrial prep b`g trial memorandum, preparing witnesses, and compili -examinatio pa ta►b roe used at trial. Federal Trad mission Legal Exte 1 �► • t ed consumer vict unfair business practices and drafted declarations to be used in pport of enforcement ac ions. • Researched consumer protection and antitrust issues and drafted legal memoranda for .y supervising attorneys. CERTIFICATIONS • Credit and Collection Compliance Officer, ACA International • Scholar, ACA International EDUCATION • JD, Cum Laude, Seattle University School of Law — 2010 • BA in Journalism, University of Washington — 2007 Page 27 of 44 References Burbank, CA Juliana Demers Water & Power Credit & Collections Supervisor 818-238-5500 jdemers@burbankca.gov Glendale, CA Isaac Apodaca Water & Power Billing & Collections Supervisor C' 818-551-3025 iapodaca@glendaleca�o V Tucson, AZ Belinda Madrid City of Tucson Water Senior Accountin erk 520-837-437Z belinda.m(dr csonaz.gov Portland Water Bureau Ryan xhouse Colles on & Recovery Supervi r 865-2251 A/� .newh a portland �q%I�ov Tampa Electric `V Nicole dwar s �` 1cv 8 �Ilectionsisor 8 51 ards a ergy.com Page 28 of 44 Client Tools The City Can Manage Accounts and Create Reports 24/7 with Client Tools With the click of a mouse, the City has total access to all account information. The Client Tools website is our web - based, customizable portal that gives clients complete access to their accounts. The City will be able to observe consumer interactions, read collector notes, perform account management, run a variety of standard and customized reports, and listen to the audio of all calls placed on demand. With Client Tools, the City can ensure that Professional Credit is conducting business in a way that will protect your image and effectively recover your revenue. The Client Tools Website is Customizable to Suit the City's Needs—�J The City can search account information presented as a complete history or a sum luding: payments, dollars collected, asset searches, -credit reporting, and any other relevant account detai ionally, you have complete access to monitor our collectors' activities, including: collector notes, number o tter , number and audio files of phone calls, and skip -tracing activity. `((�J• Transparent and Intuitive By using the Client Tools website, the City make certain its AX'D are in safe hands by a g accounts and performing the following: ` • Resolving questions or concerns about account or count a 'vity • Cancelling Accounts ` • Placing accounts on hold • • Sending and receiving secure messa d from ional Cr • Reporting direct payments • Administering user permissions • Using the Online Secure Chat to Qcact a re Tative V yY Professional 71 Credit gJaMA&i M ®® „,�/6..�aa,a�...a,..��,a,.a..a.�. ,� ��a�a...a�.�.�.�..,.,.��....•.t�.l��y..�....�,..n._m..._. � r�i�ynynre bav�ooaC kr iuI - _ MMaw+ a'�.'w• w we fielal. ..pi �� .fe}.1 oplpt tN�.Wlli 14iW W aqy� �lAl If?%A. e.}!E}II f�i Irru�m r^taY`� ' �� r�ma �' •�.r.a $� r..m arnirF ,. m �'� r...eia• o �� r�.a�reiuY vm.� s..au�t � I Page 29 of 44 Our Unique Technology The City will have a powerful technological partner in Professional Credit, having access to our full technology suite. On the following pages, you will find a detailed description of our technology -based, self service tools made to help the City reach its goals and maintain its good reputation. Our accounts receivable management software, ARTrail®, streamlines engagement efforts with automated workflows and customizable safeguards to ensure adherence to the City and regulatory work standards. ARTrail® is based on contemporary web -centric technologies to exploit the opportunities of the modern sore environment. Our DevOps development practices facilitate rapid evolution of our platform to meet ever-cl� business and regulatory requirements while maintaining quality and reliability. Our speech analytics solution, records, audits, and scores 100% of auditable intera etween Professional Credit agents and consumers. Recordings of calls can be accessed by the C' through the Client Tools portal. A Integrated, 2-way Predictive Autodialer and Rapid Manual Dialing S 'it' `n uses a rapid manual dialing solution to maintain TCPA compliance when calling cell phones. Professional Credit's electronic data interchange (EDI) tool, o TM , ensures seamless Xa transfer between client systems and Professional Credit's ARTrail software. tonal dit has setu d sfers for many municipalities who utilize Tyler Technologies. RoboD4,ill:ssi fully e ipp with standards and security features, facilitating an efficient, secure, andnt exch ng informat�een the City and Professional Credit. It supports all delimiter files:L, ARl,ulti-row ' ats. Its universal data exchange solution also reads and transforms a �11�i ource or s ation. It also has the capability of transferring a single file as multiple file tiple fo single fi In dition, RoboDXTm has a versatile four -step configuration that functions withkjly any file rr , API orap e. Oft Professional Credit's proprietary erfa I Skip-tr gine allo s f�vautomated skip tracing as it is integrated with key data vendors to ensur th tost a consum nformation is always available for appropriate account follow-up. ♦` The proprietary Robuoatti i ring Tool a Iuates a d aily and triggers them for follow-up should the consumer's financial ichange for the bette Professiona s PCS Direct Pay gives c ers 24/7 access to their accounts, the ability to make payments, set up pa p s based on the City' update insurance information and communicate with ProfeI edit staff either throug iv or secure messaging. Our Omni -channel Communication approach is enabled by the advanced workflows in ARTrail® which coordinates communications with consumers based on their preferences including email, text messages, calls, direct voicemail drops, mobile alerts, IVR, and letters. Professional Credit's SMS Chatbot allows easy access to the Professional Credit online portals after hours. Consumers can send a text to a number provided in the communication they received that will engage a chatbot. The chatbot will then guide them through the identity verification and authentication process and generate a link that will allow them to login automatically and manage their account. ProfessionalCredi t.com Page 30 of 44 Overview of Onboarding Process 30 day Go -Live can be adjusted to fit client schedule Below is Professional Credit's implementation plan, including details about our secure data transfers. Professional Credit will work closely with the City during implementation to ensure that the onboarding process is as easy as possible. The following plan can be customized or accelerated based on your availability and needs. We will set and agree on expectations during the process so that deliverables and timelines are clear. We will provide a specialized team to manage all technical and training requirements. Typical implementation includes: 1.1. Kickoff Meeting - 30 minutes • CG 1.2. Business Understanding Meeting #1 - (Day 2-7)- 60 minutes ` Beginning with the ending in mind, we review Trust fund remittance and repo consumer payment processing, and review key elements of the contract and client profile settings to enl� mainder of the process is optimized to meet your needs. 1.3. Business Understanding Meeting #2 - (Day 8 to 14) - 60inute We take a deep dive into your consumer/patient engagem •�Cctices and learn how we st interact with your consumers to optimize recovery while preserving your re 1.4. EDI Meeting #1 - File Specifications and (Day 9- minut ` In this meeting we will discuss all options ford `�ng bot ns, s anual self -serve options in Client Tools. When an EDI file is the best o ut a will ' bile spec' s and mapping, other logistics. r V 1.5. EDI Meeting #2 - Review Sa le Files - (Day 30 min We will review your files and a ure Al nee are pre t and properly mapped. •` W 1.6. Client Training MejdV Day 45) 60 n In this meeting we wfle V a tour of Clie)t Too nd sure you are aware of all the features, reports, actions and data that is ' t a cl away, as well as discuss expectations for responding to inquiries and timelines for resolving con issues. 1.7. G e ssistance Meeting - ( y Minutes A quic ec in to test your first accou oad, confirm your acknowledgement report was received, and spot check new accounts for accuracy. 1.8. First Trust Cycle Review- (Day 90-100) 30 minutes After we publish and remit the first trust, we have one meeting to review all posting types, commission charged, the posting process and the invoice to ensure your questions are answered. 1.9. Quarterly Meetings (After the first 90 days) In these meetings we review placement volume, work standards, liquidation and discuss options for optimizing recovery. ProfessionalCredi t.com Page 31 of 44 Data Security Due to the number of government and healthcare clients Professional Credit serves, we are very familiar with the strict standards of confidentiality. We have both strong systems and training programs in place in addition to many other tools to accommodate any unique client needs in this area, all the while adhering to federal and state requirements. Confidentiality and data security are at the core of our company's approach. For over 89 years, our company has established and maintained relationships around the country reinforced by our integrity and ethics. Professional Credit understand the security of PI and financial data is the foundation not only for an ethical and successful business but also for relationships with clients and consumers built on trust and cc nce. V Both the Client Tools website and our consumer portals are secured with 256-bit en and TLS 1.2 (Transport Layer Security). Personally identifiable information is encrypted within our datab encrypt data both during transit and at rest. When transferring files, we support bit strengths and cipher10,pending on agency needs. The following ciphers are available by default: • AES256-CBC • AES128-CBC • 3DES-CBC • Blowfish-CBC • CAST128-CBC � � ♦ �� • ARCFOUR • AES192-CBC `` ♦ ��� We can meet any information system req ire nfs for cli end ande account information electronically. Our data transfer experts can work with pQating a staff t d the best format for data files to ensure seamless data transfer. Clients m eINgr accou gh: • Our Client Tools webs'� an Aline ac nagWn rtal for clients. The Client Tools website is encrypted and se ure th bugh T port La a urity) • SCP (Secure • SFTP (Secu it ransfer Protocol) • Encryma • P r s transferred through sec r mission methods We ha a g-established Information ecurity Council that meets on a quarterly basis to review internal and external a dit results and discuss new trends, technologies, risks, training programs, and adherence to IT security protocols. This allows us to stay compliant with quickly changing protocols. Our company has the following network devices to protect our network and defend internet-accessible systems: • Managed Switches and Routers: Allows our administrators to monitor network connections (with layer 2 and 4 capable switching), at the port level • Next Generation Firewalls (built in redundancy) supporting: SSL VPN • IPsec VPN • Demilitarized Zone (DMZ): Provides a network of computers at the front lines to the Internet to identify and prevent security attacks, like hackers and viruses. ProfessionalCredi t.com Page 32 of 44 Professional Credit is a Compliance Expert Professional's Compliance Management System Upholds All Relevant Federal, State, and Local Regulations Professional's Compliance Management System ensures legal and regulatory compliance. Wade Isbell, J.D., Chief Compliance Officer, designed and oversees all compliance matters for the company. Wade is both an ACA International Scholar and Certified Credit and Collection Compliance Officer (CCCO). He conducts quarterly compliance meetings that all collectors must attend. Our strong Compliance Management System enables us to remain compliant with all federal, , and local regulations. •�Gv Below you will find some of the education initiatives that Wade oversees t Inter our compliance record: • New collectors receive FDCPA training and testing, 3-4 monthly FD date courses • We keep our Policies, Processes, and Work -Instructions onlin d ys updated so collectors can easily find relevant information on appropriate work standards that ar o liant FDCPA standards. • After one year of experience, collectors attend a two-day International course that provides extensive FDCPA training. • This course prepares collectors to take the exam a Pr ssional Collect cy ialist (PCS) designation from ACA International. Collectors ain thi cert' 'cation a ear of employment. • • Our Communication and Compliance Sui r and au its 1 /o of au 'ice nteractions between collectors and consumers, analyzing ca cific a e elem use the powerful auditing features of the Suite to specializelt ining a ess th 'ndividual collectors need to improve. • Wade leads our annual all -employee -ethics tr urin i ing, he refreshes all employees on our ethics program and reviev�ny�equired F and/or sec ' items. ' P V 01.0 e7A 1� I IF I�F ProfessionalCredi t.com Page 33 of 44 City of Fayetteville RFP 22-11, Collection Services SECTION C: Signature Submittal 1. DISCLOSURE INFORMATION Signature Submittal Proposer must disclose any possible conflict of interest with the City of Fayetteville, including, but not limited to, any relationship with any City of Fayetteville employee. Proposer response must disclose if a known relationship exists between any principal or employee of your firm and any City of Fayetteville employee or elected City of Fayetteville official. If, to your knowledge, no relationship exists, this should also be stated in your respo Failure to disclose such a relationship may result in cancellation of a purchase and/or contract as a resu ur response. This form must be completed and returned in order for your bid/proposal to be eligibly f sideration. PLEASE CHECK ONE OF THE FOLLOWING TWO OPTIONS, AS IT APPROPRI k APPLIES TO YOUR FIRM: X 1) NO KNOWN RELATIONSHIP EXISTS V 2) RELATIONSHIP EXISTS (Please expla V V •'`� I certify that; as an officer of this organization, at letter orization, am duly authorized to certifythe information provided herein are a e and d ization shall comply with all State p and Federal Equal Opportunity and Non- iscri ation, em�e/n'tonditions of employment. Pursuant Arkansas Code Annotated 5-IN503, t ractor ag stand certifies that they do not currently boycott Israel and will not boyco rael durin ame h h they are entering into, or while in contract, with any public entity as de d/M §25-1- t y during contract the contractor decides to boycott Israel, the contractor m o the contra ed u lic ity in writing. 2. PRIMARY CONTJ FORMATION At the discretioMht City, one or mor i4 y be asked for more detailed information before final ranking of the firms may also include oral erviews. NOTE: Each Proposer shall submit to the City a primary contact name, -mail address, and phone number where the City selection committee can call for clarification or interview via telephone. Corporate Name of Firm: Ray Klein Inc., DBA Professional Credit Primary Contact: Tyler Honce Title of Primary Contact: Sales Executive Phone#1 (cell preferred): 360-567-4983 E-Mail Address: tyler@professionalcredit.com City of Fayetteville, AR RFP 22-11, Collection Services Page 16 of 17 Phone#2: Page 34 of 44 3. ACKNOWLEDGEMENT OF ADDENDA Acknowledge receipt of addenda for this invitation to bid, request for proposal, or request for qualification by signing and dating below. All addendums are hereby made a part of the bid or RFP documents to the same extent as though it were originally included therein. Proposers/Bidders should indicate their receipt of same in the appropriate blank listed herein. Failure to do so may subject Contractor to disqualification. ADDENDUM NO. SIGNATURE AND PRINTED NAME DATE ACKNOWLEDGED 1 Jeff Johnson 11/21/22 4. PRICING: • G Pricing shall be attached as a separate form. Reference RFP for details on I II pricing shall include. 5. DEBARMENT CERTIFICATION: Qj As an interested party on this project, you are required to provide rment/suspension certification indicating in compliance with the below Federal Executive Order. Certifii n can be done by completing and signing this form. O _ Federal Executive Order (E.O.) 12549 "Debarment n�uspe �on reg4i s t all contractors receiving individual awards, using federal funds, and all �pients c rtify that t �nization and its principals are not debarred, suspended, proposed for debar s , decl - i e igible, r untarily excluded by any Federal department or agency from doing busines-q-'evi e Fed vernm> t. Signature certifies that neither you nor yokkrincipal e ntl d, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from ation transaction by any federal department or agency. N Questions regarding this fo �uld be di nI —\,W f Fayetteville Purchasing Division. NAME OF COMPANYOkay Fein Inc., DBA ProfpsNal Credit PHYSICAL ADD MAILING ADD SS: 4bO International 400 International PRINTED NAME: Jeff Johnson OR, 97477 OR, 97477 PHONE: 541-335-2207 FAX: E-MAIL: jeff@professionalcredit.com 41C]II_IVIll TITLE: Chief Client Officer City of Fayetteville, AR RFP 22-11, Collection Services Page 17 of 17 DATE: 11/28/22 Page 35 of 44 Sample Reports & Letters Below are samples of reports that Professional Credit will make available. They are each fully customizable, can be generated in virtually any format, and are available 2417 through our Client Tools Portal. CLIENT NAME XXX XXX 10000000= 2010-03-01 Paid to PC5 (Us) Pall to Client (YW Total Paid 52,627.45 $0.00 Principal Paid 52,627A5 $0.00 Interest Paid $108.A2 C'V $0.00 Total Other Paid 50.00 `v $0.00 Total Commissions 5656.85 $0.00 Total Due You 51 ,}70.60 $0.00 Aging Months) UND O `3804.39 $0.00 G 3 G •�� $76.65 `V 4 ` 5221.32 ` 51 56.20 O $1,368.89 ow6 � T ected $2,627,45 tion fe 5656.85 eck # $1,970.60 0 hin Lau Firstam Y rC€ h DOM Fosad Prim Duo Y6. Nan7t MM K hue hYi Comm Fat Rrl sItmlS For Remark Nje trio Feld Cann Tau 3(7(7gp[ IV K}pik�i k140P0e7I 02;1g 10 S3 63 S14.54 SO PO 50.00 PIF 58,34 1 558.L7 114.54 543,63 XXKXK x]OC1000[ 02�1716 $ 57_#9 519.16 30A6 $0.60 PIF 19.46 3 $16.65 $19.16 $57.49 1130001 xxm x100000C 02-03 10 51.36a. 51.026.67 1342.22 MOD 50.00 AF CC*"N 1455.59 6 91-366.d9 S342.22 51_026.67 xxm xbooc XXCCC�Oi[ 02.26.10 $476.65 $357.64 $119.21 $OAU $0_a0 IMF 479.39 1 $476.63 $119.21 $357.64 ICa001 XXW IO(%XKKX );XX*OtX 02'42 10 SISS_20 5117.15 539.0-S 50.00 SG_00 FIF 165.1 S 5156.20 539.05 W7.15 xxm xxm xxxx o XDGDM O pE.10 5154DIX €12].D5 €41.02 €0.09 $0-00 PIF OFFICE FNr 171.0a 4 $164.0$ $41.02 $123.os 1U m Xti= Xxx7uW xXoD= 02;26 10 S57.24 142.93 114.31 i0.00 SQ_U0 F1F 5726 4 $57.24 514.31 S42.93 x7Pr7rx x1om 30000m )DOGUM 02;12.10 5201.61 515I.W 550.45 €0.09 $0.0G PIF 202 1 $291.01 $5045 $151.36 xxm xxm xxx>ga X xxumx 02?19:10 WM $50.6T 516.&9 So -Do $0.04 PIF 67_76 1 $6736 $16.69 350.67 y 71^ ProfessionalCredit.com Page 36 of 44 Activity Report Reporting Periods # Referred $ Referred $ Avg Referred # Cancelled $ Cancelled $ Adjustments $ Recovered $ Net $ Comm % Comm Jan- 21 0.00 $0.00 $0.00 0.00 $0.00 $0.00 3 $2,823.03 $619.70 18 Feb - 21 0.00 $0.00 $0.00 3.00 $992.25 $0.00 5, 4.00 $4,890.47 $1,073.50 18 Mar-21 90.00 $160,895.24 $1,787.72 9.00 $4,130.35 $0.00 ,452.49 $5,291.01 $1,161.50 18 Apr-21 207.00 $69,851.86 $337.45 2.00 $218.541 $0.00 $28,065.78 $23,013.95 $5,051.80 18 May-21 714.00 $399,260.05 $559.19 3.00 $610.49 100$9.00 $4,542.06 $3,724.52 $817.50 18 Jun- 21 680.00 $289,874.54 $426.29 2.00 $2,038.48 00 $12,486.28 $10,238.72 $2,247.60 18 Jul-21 776.00 $430,053.51 $554.19 47.00 $12,273.50 0.00 $18,224.61 $14,944.18 $3,280.40 18 Aug - 21 239.001 $163,238.99 $683.01 313.00 $113,363.70 ($820.71) $16,436.63 $13,478.01 $2,958.60 18 Sep - 21 2.00 $277.06 $138.53 21.00 $6 2*%. ($602.90) $15,22 $12,576.12 $2,650.80 17.4 Oct - 21 91.00 $72,952.01 $801.67 8.00 $ .2 7,06 .00 $ $10,764.60 $2,431.30 18.4 Nov - 21 1.00 $3,471.42 $3,471.42 2.00 5 .26 .31 *,,N,%t728 $8,414.01 $1,841.30 18 Dec-21 91.00 $72,952.01 $801.67 93.0 483.8 ($225.52) N7829.07 $6,419.83 $1,409.20 18 2021-Total 2,891.00 $1,662,826.69 $575.17 503. $251,178. $65,421.1 $142,121.72 $116,578.45 $25,543.30 18 Jan 22 0.00 $0.00 $0.00 2. $2, 1 ($1 3) $7,758.41 $6,361.89 $1,396.50 18 Feb - 22 1.00 $1,136.64 $1,136.64 AnONI $ $4,460.28 $3,657.41 $802.90 18 Mar-22 0.00 $0.00 $0.00 20.00 157.80 249.28 $4,405.28 $3,612.33 $793.00 18 Apr 22 0.001 $0.00 $0.00 *1 3.00 $762.01 ir $0.00 $3,603.51 $2,954.87 $648.60 18 May 22 0.00 $0.00 $ 6.00 $1,81R $32.16 $4,554.85 $3,734.96 $819.90 18 Jun- 22 0.00 $0.00 �*00 8. $ $155.34 $3,444.22 $2,824.28 $619.90 18 Jul-22 0.00 $0.00 .00 V4.00 . 2 $12,488.25 $1,987.42 $1,629.69 $357.70 18 Aug - 22 1.00 $155.67 155.67 5.00 400.04 $14,275.95 $6,769.52 $5,551.01 $1,218.50 18 Sep-22 0.00 $0.00 0.00 $0.00 $8,388.09 $1,355.87 $1,111.81 $244.10 18 2022-Total 2.00 1, 1 $646.16 0 $14,712.77 $727,481.3 $38,339.36 $31,438.25 $6,901.10 18 GrandTotal 11,102.00 519.0 $390.25 116,845.13 $795,644.99 $752,579.9 $617,117.3 $135,462.60 18 Page 37 of 44 Example Report - Cash Flow as of September 1st, 2022 Monthly CIF 2022 Aug Jul Jun May Apr Mar Feb Jan 2021 Dec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan 2020 Dec Nov Oct Sep Aug Jul Jun May Apr Mar Feb Jan 2019 Dec Nov Oct Sep Aug Jul Jun Values Average Number Account Number Listed Amount Listed Cancelled Amount Cancelled Age Recoverd Principal 1,423 $ 881 $ 3,684 $ 595 $ 33 $ 74 $ 54 $ 691 $ 1,239 $ 1,073 $ 968 $ 1,057 $ 847 $ 820 $ 894 $ 742 $ 908 $ 995 $ 984 $ 1,609 $ 1,117, 306 779,698 3,582,472 277,108 126,511 113,949 103,460 524,768 842,151 927,882 1,047,692 1,035,031 736,870 533,289 657,571 553,515 612,747 712,094 676,426 1,114, 608 6,778 $ 1,510,903 0 $ 4 00 291 $ 207,226 3 $ 90 1,205 $ 943,881 3 $ 31, 6 185 $ 91,126 3 $ 366 252 $ 89,657 0 $ 36,282 342 $ 86,110 0 $ 64,898 285 $ ,92,366 285 $ 13636,863 863 61,594 249 $ 144,107 �` $ 108,597 306 $ 114,89 21 72,8 1 363 $ 13 16 $ 6 , 354 $ 1276 +1$ 1,773 $324 5 325 $ ,365h $ ,579 688 $ 61,386 2 $ `�13,504 182 $ G 60,9 16 ` 7► 63,478 349 $ 72 ` 284,151 2 $� 5 18 93,927 N33$ 68 8 $ 128,739 27 $ �54, 75 ♦`` _ $ 150,098 Results Total Recovery Recovery % 4,019 $ 46,609 4% $ 6,188 $ 37,879 7% $ 5,079 $ 36,935 1% $ 551 $ 40,917 22% $ (259) $ 36,023 98% $ 259 $ 65,157 234% $ 1,000 $ 93,366 799% $ 6,617 $ 68,210 18% 11,717 $ 120,314 17% 6,989 $ 79,846 10% 4,268 $ 67,232 7% 4,620 $ 70,250 8% $ 3,699 $ 79,284 11% $ 5,401 $ 72,980 100% $ 4,381 $ 117,885 30% $ 236 $ 63,715 13% $ 2,133 $ 86,283 16% $ 1,852 $ 95,779 17% $ 10,967 $ 139,706 24% $ 17,228 $ 167,326 17% 3,147 $ 3,180,93 V 330 $ 13 1 21 $ 73,716 $ 6,512 $ 80,228 3% 1,033 $ 951,4 347 $ 25 $ 57,718 $ 8,040 $ 65,758 8% 753 $ 307 461 $ 2 08 33 $ 99,270 $ 8,174 $ 107,444 25% 503 $ 42 782 369 $ 372,859 29 $ 82,088 $ 8,864 $ 90,952 163% 1,087 $ 059 333 $ 08,619 23 $ 82,165 $ 10,478 $ 92,643 8% 1,113 $ 98 ,671 458 e 18,764 35 $ 92,930 $ 6,792 $ 99,721 17% 1,203 $ 058,369 51 190,168 36 $ 167,385 $ 11,475 $ 178,860 21% 1,582 $ 1,024,824 532 173,584 32 $ 105,324 $ 14,177 $ 119,501 14% 1,987 $ 2,180,091 350 $ 242,857 25 $ 81,217 $ 7,993 $ 89,210 5% 1,122 $ 976,512 247 $ 65,393 42 $ 67,144 $ 8,085 $ 75,230 8% 1,081 $ 652,435 428 $ 364,487 40 $ 81,963 $ 9,874 $ 91,837 32% 1,022 $ 725,497 308 $ 160,387 42 $ 57,583 $ 5,019 $ 62,602 11% 1,233 $ 841,908 3,190 $ 1,289,874 41 $ 56,652 $ 7,593 $ 64,245 8% 1,386 $ 1,194,549 782 $ 554,201 36 $ 86,712 $ 1,762 $ 88,474 14% 1,227 $ 870,573 411 $ 134,912 45 $ 111,587 $ 8,049 $ 119,636 16% 1,084 $ 704,692 177 $ 4,679 40 $ 118,115 $ 17,769 $ 135,884 19% 1,892 $ 1,608,363 580 $ 194,360 49 $ 92,122 $ 11,544 $ 103,666 7% 1,258 $ 933,205 1,438 $ 633,726 55 $ 91,830 $ 8,036 $ 99,866 33% 1,706 $ 952,515 319 $ 2,941 41 $ 124,623 $ 28,963 $ 153,586 16% Page 38 of 44 PIF-SIF Report For Corporate Test Client Client Account Last Name First Name Account Referral Date Amount Referred , Princip La ent ate Status Status Def 45252 TEST PCS1 10033464 2017-07-13 600 0 0.4, PIF PAID IN FULL-hg 314159265 DAISY TEST 10000063 2017-07-12 500 4 SIF SETTLED IN FULL 314159265 DAISY TEST 10000063 2017-07-12 500 14V SIF SETTLED IN FULL 12333A ITEST JPCS1 110033465 2017-07-02 1303 23 JPIF PAID IN FULL-hg 111122222 ITest ITest 110182042 2018-01-17 11111.nNIO IPIF PAID IN FULL-hg 02 Page 39 of 44 Cancellation SAMPLE CLIENT 1234 TEST DRIVE EXAMPLE, CA 92270 The following accounts have been cancelled from our system Client Id : 9206 Date: 09/15/2022 Client Account # Client Consumer # Consumer Name Amount Date of Service y Account # Reason Cancelled Date 76484 JOHNS, JIMMY $ 234.99 03/13/2022 18299032 CLIENT REQ CANC'D/DELETED 09/15/2022 97534 OTURNITURE, PATTY $403.65 07/09/2018 12035275 CANCEL -CONSUMER DECEASED 09/15/2022 32596 YEW, OLIVE $ 436.15 12/24/2018 12750311 CANCEL - CONSUMER DECEASED 09/15/2022 38157 BUGG,AIDA $ 178.06 01/13/2019 12892324 CANCEL -CONSUMER DECEASED 09/15/2022 871131 GRATER, ALLIE $ 403.65 01/27/2021 16822359 CANCEL - CONSUMER DECEASED 09/15/2022 10751 KNEE, ROD $ 621.00 05/26/2021 17616138 CANCEL -CONSUMER DECEASED 09/15/2022 6 $ 2,277.50 �m� Page 40 of 44 ACTUARY REPORT Reporting Period Placed Adjustment Collected 1L rned Active Reporting Period Quantity Amount Amount # PIF To Date ity Amount Quantity Amount Jan - 20 402 $97,638.00 ($15.00) 195 $41,413. 4 $620.00 203 $55,619.62 Feb - 20 361 $91,185.00 $0.00 153 $32, 6 2 $380.00 206 $58,689.94 Mar - 20 146 $40,774.00 $15.00 59 • 4.59 2 $518.00 85 $23,426.41 Oct-20 838 $171,228.90 ($90.00) 243 4,446. 6 $1,620.00 588 $125,252.04 Nov - 20 488 $148,026.00 ($105.00) 11 $31, .59 $2,025.00 363 $111,753.41 Dec - 20 209 $59,810.00 ($185.00) 05 2 $490.00 157 $46,712.95 2020-cumulative 2,444 $608,661.90 ($380.00) 6 1,93 26 $5,653.00 1,602 $421,454.37 Jan - 21 109 $30,067.00 ($135.0011% 53 $13,0517V 1 $165.00 55 $16,980.00 Feb - 21 128 $38,831.00 ($75. • 4 .00 2 $620.00 89 $28,811.00 Mar - 21 121 $35,186.00 .00) 27 6,368.00 1 $15.00 93 $28,938.00 Apr - 21 122 $38,534.00 1��80.00) 23 $6,860.00 1 $280.00 98 $31,574.00 May - 21 132 $39,4 ($75.00) $6,557.52 0 $0.00 101 $32,984.48 Jun - 21 115 .00 ($30.00) $6,657.35 2 $324.00 83 $24,612.65 Jul - 21 136 I%C76.00 ($75.00) N 31 $7,899.88 0 $0.00 105 $30,151.12 Aug - 21 175 $56,471.00 ($75.00) 23 $7,706.00 1 $130.00 151 $48,710.00 Sep - 21 55 $18,494.00 ($45.00) 15 $5,162.00 0 $0.00 40 $13,377.00 Nov - 21 171 $55,541.00 ($30.00) 29 $9,311.60 1 $439.00 141 $45,820.40 Dec - 21 214 $66,221.00 ($30.00) 26 $6,043.00 5 $1,755.00 183 $58,453.00 2021-cumulative 1,478 $448,352.00 ($885.00) 325 $85,097.35 14 $3,728.00 1,139 $360,411.65 Page 41 of 44 Jan - 22 70 $19,801.00 $0.00 9 $1,498.50 0 $0.00 61 $18,302.50 Mar - 22 196 $63,939.00 $0.00 20 $4,513.00 0 $0.00 176 $59,426.00 Apr - 22 253 $76,324.00 $0.00 10 $2,191.00 1 $280.00 242 $73,853.00 May - 22 51 $12,560.00 $0.00 0 $0.00 0 $0.00 51 $12,560.00 2022-cumulative 570 $172,624.00 $0.00 39 $8,202.50 $280.00 530 $164,141.50 GrandTotal- 18,454 $4,921,082.14 ($208,000.00) 6,128 $1,455,619.44 $777,391.17 9,642 $2,896,071.53 0 ci � 5lqQ Page 42 of 44 P.O. Box 7548 Springfield, OR 97475-0039 December 28, 2021 One Customer 12345 Main St Springfield, OR 97477-1234 NV Professional 711K Credit Service ACCOUNT #: 11238964 PIN:1234 Total Due: $1,946.26 C V ♦ C; The account(s) listed in this letter has been referred for collection to Professional Crr*Nice. Unless you notify this office within 30 days after receiving this notice that you dispethi of this debtany portion thereof, this office will assume this debt is valid. If you notify this offrchin 30 days after receiving this notice that you dispute the validity of this debt or any portion thoffice will obtai verification of the debtor obtain a copy of a judgment and mail you a copy of su or verification. I you request of this office in writing within 30 days after receiving this notice t ' ce will provide you with the name and address of the original creditor, if different from the current cr�it or n f GENERAL CLINIC 11012345 100654e), GENERAL MEDICAL HOSPITAL 11012345 112;�4s\: V coinVnication is from a 01 R informatior f $500.00 $37.05 $1,00�0`$255.00 6V $8.70 $10.00 ttor. This is an attempt to collect a debt and any will be used for that purpose. CONNECT WITH YOUR ACCOUNT WEB PCSDirectPay.com TEXT Text "Options" to 541-403-8980 (message and data rates may apply) SCAN o� T. • o APP Download the App Search for "PCSDirectPay" $545.75 $1,265.00 Total Due: $1,946.26 NOTICE: S N%kSE FOR IMPORTANT INFORMATION HAW/003 706109 0 A *** PLENTS AIN THIS PORTION FOR YOUR RECORDS-*** --------------- 3/0000002/1 ------------------ --------------------------------------------------------------------------------- V ***PLEASE RETURPORTION OF THE NOTICE WITH YOUR PAYMENT*** V Change of Address Information - Please Complete Address: City: Home Phone: Work Phone: State : Zip: We also accept money orders and MoneyGram®. Our nearest physical location is: 400 International Way, Ste 100 Springfield, OR 97477-7002 Account #: 11238964 One Customer Total Due: $1,946.26 Phone hours (PST): Mon -Thu 5:00 am - 7:00 pm Fri 5:00 am - 5:00 pm Sat 9:00 am - 1:00 pm Toll Free (800) 555-1234 Para Espanol (888) 927-3512 ���� ® AMOUNT PAYMENT VVISA MasterCard CARDCARD NUMBER CCV# (Oa Back of Cud) SIGNATURE EXP. DATE Accounting Department P.O. Box 7548 Springfield, OR 97475-0039 Page 1 of XXBZ 1139657�003 o2f84202111238964 003 9 P.O. Box 7548 Springfield, OR 97475-0039 December 28, 2021 One Customer 12345 Main St Springfield, OR 97477-1234 NV Professional 711K Credit Service ACCOUNT #: 11238964 PIN:1234 Total Due: $1,946.26 C Olt WE CAN HELP CREATE A SOLUTION *G We have previously sent you notice on this account and it is still not resolved. AN We understand financial challenges, and want to help you find a solution through an(� ;Oc payment plan that fits your budget. However, we can't help if you don't contact us. ff✓✓ We've also made several videos available at www.pcsdirectpay.com to help yo erstand how to establish a payment plan online, and what some of the processes are now that your acco i collections. NORTHSIDE CLINIC 88012345 100654& '% $500.00 $37.05 �` GENERAL MEDICAL HOSPITAL 11012345 11238VI $1,00*0 $255.00 $8.70 $10.00 CONNECT WITH YOUR ACCOUNT WEB PCSDirectPay.com TEXT Text "Options" to 541-403-8980 (message and data rates may apply) SCAN o� T. • o APP Download the App Search for "PCSDirectPay" $545.75 $1,265.00 otal Due: $1,946.26 01 R comVnication is from a deb colll�etor. This is an attempt to collect a debt and any information ed will be used for that purpose. NOTICE: S SE FOR IMPORTANT INFORMATION HAW/004 --706109- ------------------- ----- 1 A *** PLE AIN THIS PORTION FOR YOUR RECORDS-*** -------------- 35/0000018/1 --------------------------------------------------------------------------- V ***PLEASE RETURN T S PORTION OF THE NOTICE WITH YOUR PAYMENT*** V Change of Address Information - Please Complete Phone hours (PST): Mon -Thu 5:00 am - 7:00 pm Address: Fri 5:00 am - 5:00 pm Sat 9:00 am - 1:00 pm City: State : Zip: Toll Free (800) 555-1234 Para Espanol (888) 927-3512 Home Phone: Work Phone: We also accept money orders and MoneyGram®. Our nearest physical location is: 400 International Way, Ste 100 Springfield, OR 97477-7002 Account #: 11238964 One Customer Total Due: $1,946.26 ���� MaterCard AMOUNT PAYMENT VISA® CARD NUMBER CCV# (On Back of Cud) SIGNATURE EXP. DATE Accounting Department P.O. Box 7548 Springfield, OR 97475-0039 Page 1 of XXBZ 1139667004122,82021112389644004 N Professional 71 Credit Primary Collections Consumer Payments made Directly to the 25% City J`v Professional Credit has chosen to offer the City one flat fee, regardless en the account is collected. Because this fee is lower than what the City is currently paying on y t vets, we think this will be a better value for the City to have a consistent, lower rate rather than a tie Icing system. We also anticipate that this will allow a higher net return to the City. • O ProfessionalCred it.com Page 1 of 1 / A� " CERTIFICATE OF LIABILITY INSURANCE DATE (M M/DD/YYYY) 02/17/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Angie Diethelm NAME: Christensen Group PHONE (g52) 653-1000 FAX (952) 653-1100 A/C No Ext : A/C, No E-MAIL adiethelm@christensengroup.com ADDRESS: 9855 West 78th Street, Ste 100 INSURER(S) AFFORDING COVERAGE NAIC # INSURERA: Massachusetts Bay Ins Co 22306 Eden Prairie MN 55344 INSURED INSURER B : Hanover Insurance Co 22292 INSURER C : Hanover American 36064 Professional Credit Holdings Corporation INSURER D : Travelers Casualty and Surety Cc of America 19038 Ray Klein, Inc INSURER E : Evanston Insurance Co. 35378 400 International Way, Ste 250 INSURER F : Arch Specialty Insurance Co. 21199 Springfield OR 97477 COVERAGES CERTIFICATE NUMBER: 22-23 Liability REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCEADDLSUBR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE �X OCCUR DAMAGE TO PREM SES Ea oRENTED cE ante $ 100,000 MED EXP (Any one person) $ 10,000 PERSONAL &ADV INJURY $ 1,000,000 A ZDXH672679 06/30/2022 06/30/2023 GEN-LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO FX LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 1,000,000 BODILY INJURY (Per person) $ ANYAUTO A OWNED SCHEDULED AUTOS ONLY AUTOS ZDXH672679 06/30/2022 06/30/2023 BODILY INJURY (Per accident) $ X PROPERTY DAMAGE Per accident $ HIRED NON -OWNED AUTOS ONLY /� AUTOS ONLY X UMBRELLA LIAB X OCCUR EACH OCCURRENCE $ 10,000,000 AGGREGATE $ 10,000,000 B EXCESS LAB CLAIMS -MADE UHXH672696 06/30/2022 06/30/2023 DED I I RETENTION $ 0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/ N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑ (Mandatory in NH) N /A WZXH639116 06/30/2022 06/30/2023 X STATUTE ERH E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1,000,000 $ Professional Liab. Limit $3,000,000 D/E D) Professional Liability E) Cyber Liability 107470356/MKLV5PCY000060 06/30/2022 06/30/2023 Cyber Liab. Limit $3,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) City of Fayetteville is included as an Additional Insured under the General Liability when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN City of Fayetteville ACCORDANCE WITH THE POLICY PROVISIONS. 113 W. Mountain St. AUTHORIZED REPRESENTATIVE Fayetteville AR 72701 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC #: ADDITIONAL REMARKS SCHEDULE Page of AGENCY Christensen Group NAMED INSURED Professional Credit Holdings Corporation POLICY NUMBER CARRIER NAIC CODE EFFECTIVE DATE: ADDITIONAL REMARKS ITHIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, I FORM NUMBER: 25 FORM TITLE: Certificate of Liability Insurance: Notes F) Excess Cyber Liability - 6/30/22-6/30/23 - Policy #C-4LPY-043447-CYBER-2022 - Limit: $3,000,000 G) Excess Cyber Liability - 6/30/22-6/30/23 - Policy #2-CIA-WA-17E-S0112562-00 - Limit: $4,000,000 Insurer G: Hudson Excess Insurance Company NAIC: 19038 ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD STATE OF ARKANSAS COLLECTION AGENCY BOND BOND NO. 775202420 AR KNOW ALL MEN BY THESE PRESENTS: That we RAY Kf.FIN, INC., as Principal, whose address is 2892 CRESCENT AVE EUGENE, OR 97408 and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, as Surety, are held and firmly bound unto the State of Arkansas, in the sum TWENTY-FIVE THOUSAND DOLLARS AND N0/100 ($25,000) payable to the Arkansas State Board of Collection Agencies for the use and benefit of the State for any injured party, lawful money of the United States of America, the payment of which well and truly to be made, we and each of us, bind ourselves, our heirs, executors, administrators, sucessors and assignes, jointly, and severally, firmly by these presents. THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH THAT: This bond shall provide that the person, partnership, association, or corporation giving the bond shall, upon written demand, pay and turn over to the Arkansas State Board of Collections Agencies for the person, partnership, association, or corporation from whom any account, bill, or other indebtedness is taken for collection, in accordance with the terms of the agreement upon which it was received for collection, and in accordance with the Rules and Regulations of the Arkansas State Board of Collection Agencies. The aggregate liability of the Surety for all breaches of the conditions of the bond shall, in no event, exceed the amount of the bond. The Surety shall have a right to cancel such bond upon giving thirty (30) days notice to the Arkansas State Board of Collection Agencies, and thereafter, shall be relieved of liability for any breach of condition occurring after the effective date of the cancellation. IN WITNESS WHEREOF, said PRINCIPAL and SURETY have executed this bond, this 03 DAY OF APRIL, 2002. This bond is effective APRIL 01, 2002. SURETY: (Signature) Title: ELEANORE G. WOODWARD, Attorney -In -Fact Address: ONE TOWER SQUARE, HARTFORD, CT 06183 Countersigned by: N/A PRINCIPAL: �9slatul�� JOSEPH R HAWES, President (Printed Name & Title) (ATTACH POWER OF ATTORNEY) (SEAL) BondFoZ 0798 wpd COUNTY OF HENNEPIN) SS: ry County personally On before me, � . ,ota Public within and for said Coun and St. WOODWARD known to me to be the Attomey-in-Fact of TRAVELERS CASUALTYAND SURETY COMPAI corporation described in and that executed the within and foregoing instrument in behalf of said corporation acknowledged to me that such corporation executed the same. ary Public innesota(:Z, m Ex0ues Jan. 31, 2005 IN WITNESS WHEREOF, TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 14th day of March 2001. STATE OF CONNECTICUT )SS. Hartford COUNTY OFHARTFORD .. ��,p0 s+91try 9J�yiY aNp yG ryYG�pA/SWUy.'iC iY FVATF'ON, 9< O 'Qt"j_f�p O w COIRI. ° Zy • i TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA TRAVELERS CASUALTY AND SURETY COMPANY FARMINGTON CASUALTY COMPANY George W. Thompson Senior Vice President On this 14th day of March, 2001 before me personally came GEORGE W. THOMPSON to me known, who, being by me duly sworn, did depose and say: that he/she is Senior Vice President of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, the corporations described in and which executed the above instrument; that he/she knows the seals of said corporations; that the seals affixed to the said instrument are such corporate seals; and that he/she executed the said instrument on behalf of the corporations by authority of his/her office under the Standing Resolutions thereof. N°TAl1Y i C4'>vC 0 zzDk��1 l4 M� My commission expires December 31, 2002 Notary Public Carol A Thompson CERTIFICATE I, the undersign„=, Assistant Secretary of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND'SURETY COMPANY and FARMINGTON CASUALTY COMPANY, stock corporations of the State.of Connecticut, DO HEREBY CERTIFY that the foregoing and attached Power of Attorney and Certificate of Authority remains in full force and has not been revoked; and farthermore, that the Standing Resolutions of the Boards of Directors, as set forth in the Certificate of Authority, are now in force. Signed and Sealed at the Home Office of the Company, in the City of Hartford, State of Connecticut Dated this day of ,20 . APR 0 3 2002 '(98(0 SU�Cf�L g 26 0a S t By KoriM.Johanson Assistant Secretary, Bond J TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA T VELERS CASUALTY AND Sr7RETY COMP.' FARMINGTON CASUALTY COMPANY Hartford, Connecticut 06183-9062 POWER OF ATTORNEY AND CERTIFICATE OF AUTHORITY OF ATTORNEYS) -IN -FACT KNOW ALL PERSONS BY THESE PRESENTS, THAT TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, corporations duly organized under the laws of the State of Connecticut, and having their principal offices in the City of Hartford, County of Hartford, State of Connecticut, (hereinafter the "Companies") hath made, constituted and appointed, and do by these presents make, constitute and appoint: Patrelia L Wolf, Eleanore G. Woodward, of Minneapolis, Minnesota, their true and lawful Attorney(s)-in-Fact, with full power and authority hereby conferred to sign, execute and acknowledge, at any place within the United States, the following instrument(s): by his/her sole signature and act, any and all bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognizance, or conditional undertaking and any and all consents incident thereto and to bind the Companies, thereby as fully and to the same extent as if the same were signed by the duly authorized officers of the Companies, and all the acts of said Attomey(s)-in-Fact, pursuant to the authority herein given, are hereby ratified and confirmed. This appointment is made under and by authority of the following Standing Resolutions of said Companies, which Resolutions are now in full force and effect: VOTED: That the Chairman, the President, any Vice Chairmn, any Executive Vice President, any Senior Vice President, any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary may appoint Attomeys-in-Fact and Agents to act for and on behalf of the company and may give such appointee such authority as his or her certificate of authority may prescribe to sign with the Company's name and seal with the Company's seal bonds, recognizances, contracts of indemnity, and other writings obligatory in the nature of a bond, recognisance, or conditional undertaking, and any of said officers or the Board of Directors at any time may remove any such appointee and revoke the power given him or her. VOTED: That the Chairman, the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President may delegate all or any part of the foregoing authority to one or more officers or employees of this Company, provided that each such delegation is in writing and a copy thereof is filed in the office of the Secretary. VOTED: That any bond, recognizance, contract of indemnity, or writing obligatory in the nature of a bond; recognizance, or conditional undertaking shall be valid and binding upon the Company when (a) signed by the President, any Vice Chairman, any Executive Vice President, any Senior Vice President or any Vice President, any Second Vice President, the Treasurer, any Assistant Treasurer, the Corporate Secretary or any Assistant Secretary and duly attested and sealed with the Company's seal by a Secretary or Assistant Secretary, or (b) duly executed (under seal, if required) by one or more Attorneys -in -Fact and Agents pursuant to the power prescribed in his or her certificate or their certificates of authority or by one or more Company officers pursuant to a written delegation of authority. This Power of Attorney and Certificate of Authority is signed and sealed by facsimile (mechanical or printed) under and by authority of the following Standing Resolution voted by the Boards of Directors of TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY; AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, which Resolution is now in full force and effect: VOTED: That the signature of each of the following officers: President, any Executive Vice President, any Senior Vice President, any Vice President, any Assistant Vice President, any Secretary, any Assistant Secretary, and the seal of the Company may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing Resident Vice Presidents, Resident Assistant Secretaries or Attomeys-in-Fact for purposes only of executing and attesting bonds and undertakings and other writings obligatory in the nature thereof, and any such power of attorney or certificate bearing such facsimile signature or facsimile seal shall be valid and binding upon the Company and any such power so executed and certified by such facsimile signature and facsimile seal shall be valid and binding upon the Company in the future with respect to any bond or undertaking to which it is attached (t IAo Standard) J View Invoice https://me.acaintemational.org/MyACA/Invoices/View-Invoice?invoiceid=%7B3 FCCFBEF-El CB... ACA International 3200 Courthouse Ln Eagan, MN 55121-1585 (952) 928-8000 Invoice Date: 5/4/2022 Invoice #: INV-19407-T4K6J5 Bill To: Professional Credit Service Bill To Address 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 United States Invoice #: INV-19407-T4K6J5 a Description Date Quantity Price Statutory Bond Premium 5/4/2022 1.00 $150.00 Statutory Bond Admin Fee 5/4/2022 1.00 $13.00 ACH - Sale Pending 6/1/2022 1.00 $0.00 RENEW 775202420 AR $25,000-EFF. 07-01-2022 TO 07-01-2023-BATCH #tceaser_20220504_1150, tceaser Ship To Address WADE ISBELL PO BOX 7637 SPRINGFIELD, OR 97475 United States Charges Payments $150.00 $13.00 $0.00 $163.00 Total Charges: $163.00 Discount Amount: $0.00 Sales Tax: $0.00 Order Amount: $163.00 Payment & $163.00 Adjustments: Balance Due $0.00 1 of 2 2/16/2023, 4:52 PM View Invoice https://me.acaintemational.org/MyACA/Invoices/View-Invoice?invoiceid=%7B3 FCCFBEF-EI CB... ACA International 3200 Courthouse Ln Eagan, MN 55121-1585 (952) 928-8000 Invoice Date: 5/4/2022 Invoice #: INV-19407-T4K6J5 Bill To: Professional Credit Service Bill To Address 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 United States Invoice #: INV-19407-T4K6J5 a Description Date Quantity Price Statutory Bond Premium 5/4/2022 1.00 $150.00 Statutory Bond Admin Fee 5/4/2022 1.00 $13.00 ACH - Sale Pending 6/1/2022 1.00 $0.00 RENEW 775202420 AR $25,000-EFF. 07-01-2022 TO 07-01-2023-BATCH #tceaser_20220504_1150, tceaser Ship To Address WADE ISBELL PO BOX 7637 SPRINGFIELD, OR 97475 United States Charges Payments $150.00 $13.00 $0.00 $163.00 Total Charges: $163.00 Discount Amount: $0.00 Sales Tax: $0.00 Order Amount: $163.00 Payment & $163.00 Adjustments: Balance Due $0.00 2 of 2 2/16/2023, 4:52 PM ASA HUTCHINSON Governor DARYL E. BASSETT Secretary of Labor State of Arkansas ADLL - Collection Agency Licensing Department of Labor and Licensing 900 West Capitol Avenue, Suite 400, Little Rock, AR 72201-9709 Ph (501)-371-1434 https://www.asbca.org RAY KLEIN, INC. 400 INTERNATIONAL WAY SPRINGFIELD, OR 97477 Given under our hand and seal this 1st day of Jul, 2022. SECRETARY OF LABOR LICENSE M 2361 This license expires: 06/30/2023 EXECUTIVE DIRECTOR