REQUEST FOR PROPOSAL

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1 REQUEST FOR PROPOSAL NOTICE IS HEREBY GIVEN that the Board of County Commissioners of Skagit County, Washington will receive sealed requests for proposal and publicly open them on or about 2:30 p.m. on May 16, 2016, at the Skagit County Commissioners Hearing Room, 1800 Continental Place, Suite 100, Mount Vernon, Washington, for furnishing to Skagit County the following: REQUEST FOR PROPOSALS TO PROVIDE DEBT COLLECTION SERVICES Sealed requests for proposals must be delivered to the Skagit County Commissioner s Office (1800 Continental Place, Suite 100, Mount Vernon, WA 98273) before 2:30 p.m. May 16, 2016 in an envelope clearly marked " REQUEST FOR PROPOSALS TO PROVIDE DEBT COLLECTION SERVICES - TO BE OPENED May 16, 2016 at 2:30 P.M." Project information packets may be obtained from the Skagit County Clerk, 205 West Kincaid St Room 103, Mount Vernon, WA 98273, by calling , or by ing a request to terib@co.skagit.wa.us. Project information can also be located at under Request for Bids. Designated contact person: Teri Bordua, Financial Collections Officer, 205 West Kincaid Street, Room 103, Mount Vernon, WA 98273, The Board of County Commissioners reserves the right to reject any or all proposals, waive informalities, and to contract as the best interests of the County may appear. In making awards, consideration will be given to factors of prices quoted, delivery, quality of product, and suitability for County purposes. DATED this 25 th day of April, Linda Hammons, Clerk of the Board of County Commissioners Skagit County, Washington PUBLISH: Skagit Valley Herald, April 28, and May 5, 2016 Daily Journal of Commerce, April 28, and May 5, 2016

2 RESOLUTION # REQUEST FOR PROPOSAL TO PROVIDE DEBT COLLECTION SERVICES TO THE SKAGIT COUNTY CLERK WHEREAS, RCW contains provisions to allow Superior Court Clerks to contract with a collection agency for the collection of unpaid court-ordered legal financial obligations. Furthermore, the RCW states that any contract with a collection agency shall be awarded only after competitive bidding; and, WHEREAS, the current contract will expire August 31, 2016; and WHEREAS, The Skagit County Clerk has established a need for continued use of a third-party collection agency, as this service reduces the` need for certain debt-related proceedings in the courts, thereby permitting the courts to lessen court congestion and better manage judicial and other legal resources; and NOW, THEREFORE, BE IT RESOLVED that the Board of Skagit County Commissioners hereby instructs the Clerk of the Board to issue a Request for Proposals to provide Debt Collection Services for Skagit County Clerk s Office. The closing time and date for proposals to be submitted to the Skagit County Commissioners Office shall be 2:30 pm May 16, 2016 BE IT FURTHER RESOLVED THAT The Clerk of the Board is hereby directed to publish the same, as required by law, for the above mentioned item. PASSED this day of, BOARD OF COUNTY COMMISSIONERS SKAGIT COUNTY, WASHINGTON Lisa Janicki, Chair Ron Wesen, Commissioner Attest: Kenneth A. Dahlstedt, Commissioner Clerk of the Board Recommended: Department Head Approved as to form: Civil Deputy Prosecuting Attorney

3 RESOLUTION # Legal Notice Skagit County, a political subdivision of the State of Washington, invites qualified vendors to respond to a Request for Proposal (RFP) for providing Debt Collection Services to Skagit County Clerk s Office. The RFP document may be obtained on Skagit County s Website, on or after April 25, All proposals shall be sent via mail or personally delivered to the Skagit County Commissioners no later than 2:30 pm, May 16, 2016 per the instructions in the Request for Proposal. LATE PROPOSALS WILL NOT BE ACCEPTED. All proposals and accompanying documentation will become the property of Skagit County Government and may not be returned.

4 INFORMATION PACKET FOR : REQUEST FOR PROPOSAL REQUEST FOR PROPOSALS TO PROVIDE DEBT COLLECTION SERVICES OFFERED BY: SKAGIT COUNTY CLERK 205 West Kincaid Street, Room 103 MOUNT VERNON, WASHINGTON Bid Delivery: Board of County Commissioners Office 1800 Continental Place, Suite 100 Mount Vernon, WA By 2:30 PM, May 16, 2016 Late Proposals will not be accepted. OPENING: WHERE: Skagit County Commissioners Office Commissioners Hearing Room 1800 Continental Place, Suite 100 Mount Vernon, Washington DATE: May 16, 2016 TIME: At or about 2:30 PM

5 REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FOR SKAGIT COUNTY CLERK This is a request for proposal (RFP) and is not an offer to contract. Instead, this RFP seeks to establish a common framework within which a contract may be reached between the Proposer and Skagit County. Further, this RFP and your firm s response will be the basis for and be incorporated into any legal contract between the County and the successful Proposer. Proposals submitted in response to the RFP shall represent a firm offer to contract with the County on the terms and conditions described in the proposals. Each representation of fact and promise of future performance therein will be incorporated into the contract as a warranty or covenant. A. GENERAL PROGRAM DESCRIPTION 1. Background The Skagit County Superior Court assesses Legal Financial Obligations (LFO s) comprised of fines, penalties, fees and restitution against defendants in criminal cases for payment to the courts. The County Clerk is in charge of collecting said LFO s. Failure to pay these fines, penalties, fees and restitution has been treated by the court as a separate probation violation necessitating further proceedings before the courts. In the exercise of the Clerk s responsibility to provide for the efficient administration of justice in Skagit County and to effectively use judicial and County legal resources, she has determined to continue to include the services of a collection agency in her debt collection model. B. SCOPE OF WORK The Skagit County Clerk is seeking proposals from qualified providers for the provision of an indefinite quantity contract for Debt Collections Services for recovery of monies owed for nonpayment of Legal Financial Obligations (LFO s), including but not limited to fines, penalties, fees and restitution in accordance with this scope of work. Legal Financial Obligations are ordered in a Judgment and Sentence. The Contractor(s) shall do all work and furnish all equipment, labor and materials necessary to collect unpaid monies assigned to the Contractor by the Skagit County Clerk. The accounts assigned shall be chosen in the sole discretion of the Skagit County Clerk. Additional legal action by the Contractor will be taken only after reasonable collection efforts have been made. Additional legal documents filed in the Court case shall adhere to local court rules and maintain the proper case caption. The Contractor will furnish the Skagit County Clerk with an acknowledgment of assigned cases within a reasonable time following receipt of the same. The acknowledgment shall include an ALPHA-listing by name of debtor, Court-assigned case number, amount assigned, total number of accounts and total dollar amount assigned for collection. Contractor will furnish the Skagit County

6 Clerk with a quarterly report indicating all accounts currently assigned to Contractor. The report shall be an ALPHA listing by name of debtor, the Court-assigned case number, dollar amount assigned, any payments (including dates received), current balance due, a summary of the collection effort, and current status of each account. This report will also provide a summary of all accounts by account status and the overall percentage of dollars collected on behalf of the Skagit County Clerk. Funds collected by the Contractor shall be remitted to the Clerk s Office on a monthly basis. A remittance report shall include court case number, total payment received, payment to apply to court balance and remaining balance owing. Contractor shall warrant that all accounts assigned are handled and processed in strict conformity with all federal, state, and local laws, ordinances and regulations existing at the time of the collection activity. Those laws include but are not limited to Chapter of the Revised Code of Washington ( RCW ), Chapter RCW, RCW , the Federal Fair Debt Collection Practices Act, and all applicable laws and regulations of the United States Postal Service and the Federal Trade Commission ( FTC ). Contractor shall also abide by any trade code of ethics. The Contractor must agree to conduct itself so as not to diminish the goodwill and reputation of the Skagit County Superior Court and the Skagit County Clerk. The Contractor shall maintain a professional and courteous demeanor in conducting collections and shall assist debtors in understanding the proceedings relating to collection. Contractor shall indemnify and hold Skagit County, the Skagit County Clerk, the Skagit County Superior Court, and all elected officials, employees and agents of Skagit County harmless from and against any and all claims, demands, liabilities, judgments, losses and expenses, including but not limited to court costs and reasonable attorney fees occasioned by, arising out of, related to, or in connection with any negligent or willful action or omission of Contractor or its employees or agents in the performance of the work herein described and shall have the right and duty to defend the abovementioned persons and entities from and against all claims, demands, liabilities, judgments, losses and expenses. Contractor shall provide to the Skagit County Clerk and the County access to the books, documents, papers and records of the Contractor which are directly pertinent to the performance of the work herein described and the Contractor shall allow inspection of such information upon request of the Skagit County Clerk. In the event that an account is deemed uncollectible by the Contractor, it shall be returned to the Skagit County Clerk with an explanation why it is uncollectible. For the duration of the contract, Contractor shall maintain in full force and effect and shall provide evidence of all insurance required by Skagit County, including but not limited to evidence of insurance against personal injury liability, comprehensive general liability, worker s compensation and automobile liability insurance. Additionally, Contractor shall provide a fidelity bond in the sum of at least $1,000, Evidence of such insurance shall consist of a completed copy of the certificate of insurance, signed by the insurance agent for the Contractor and returned to the Skagit County Risk Manager. Additionally, the Contractor must carry professional liability insurance with respect to the delivery of requested services. The Contractor will agree to provide the Risk Manager of the County

7 with a copy of the certificate evidencing this insurance coverage. Contractor s insurance shall be primary. In doing the Work herein described, Contractor shall not discriminate on the basis of race, religion, gender, sexual orientation, age, national origin, or disability. The term of this Contract shall commence on Sept 1, 2016, and continue until August 31, At the sole option of the Skagit County Clerk, the contract may be extended for two (2) additional one (1) year periods. The prices stated in the proposal shall be legally binding for the term of the contract, including renewal periods. Any party may terminate this Contract by giving 90 days notice in writing either personally delivered or mailed postage-prepaid by certified mail, return receipt requested, to the party s last known address for the purposes. The Contractor shall not enter into any sub-contracts, retain consultants, or assign, transfer, convey or otherwise dispose of the ensuing contract, or any or all of its rights, title or interest, or its power to execute such contract to any person, company, or corporation without the written consent of the Skagit County Clerk. The Contractor must agree that it will at all times faithfully, industriously and to the best of its ability, experience and talents, perform all of the duties and obligations that may be required of it pursuant to the express and implicit terms of the resulting contract to the reasonable satisfaction of the Skagit County Clerk. The Contractor must agree to comply with, abide by and be bound to the terms and conditions of the resulting contract to be entered into with Skagit County. C. PROPOSAL REQUIREMENTS 1. Schedule Sealed proposals shall be submitted to Linda Hammons, Clerk of the Board, Board of County Commissioners, 1800 Continental Place, Suite 100, Mount Vernon, WA 98273, no later than 2:30 p.m., on May 16, Proposals received after that time will not be considered. Sealed proposals will be opened and read aloud in the Skagit County Commissioners Hearing Room on or after 2:30 p.m., May 16, Qualifications of Proposer The County requires submission with the proposal of supporting data regarding the qualifications of the Proposer in order to determine whether they are a qualified, responsible contractor. The Proposer must furnish the following: a. Satisfactory evidence that the Proposer, or in the case of a joint venture, the principal partner, has been in existence as a going concern in excess of three (3) years and

8 possesses not less than five (5) years actual operating experience as a debt collection service. b. Evidence that the Proposer is licensed to do business in the State of Washington and the appropriate municipality. c. Satisfactory evidence that the Proposer has the facilities, equipment, and qualified personnel necessary to perform the contracted services. d. An overview of the Proposer, emphasizing its qualifications and major organizational strengths. e. A statement of the Proposer s experience in serving as a provider of Debt Collection Services. f. Identify the specific individuals who would be assigned to work with the Skagit County Clerk and specify which person would be the primary contact person with the Skagit County Clerk. g. Provide an estimate of the time that will be required to begin Debt Collection Services as outlined in the Scope of Work. h. Provide the cost for the rendering of the services and clearly specify if any additional expenses will be charged to the Skagit County Clerk in connection with this Proposal. i. Provide details of payment distribution, including any variance for principal, interest, and legal fees incurred during the process of collection. j. Skagit County requires that each Proposer be an Equal Opportunity Employer. State that the Proposer complies fully with all applicable government regulations regarding nondiscriminatory employment practices. 3. Proposal Forms The proposal will be submitted in four (4) sections. FORM 1 shall contain the name, address and phone number of the proposer and name of a designated contact person for this proposal. FORM 2 shall state the information requested in Section B. FORM 3 shall contain all information requested in Section C.2 of this request pertaining to qualifications of Proposer. FORM 4 shall contain a list of references. List of 3 references for whom you have performed work in the last 5 years.

9 FORM 5 shall contain a list of any law suits in which Proposer has been listed as a Respondent for the last 3 years. The outcome of each case shall also be summarized. 4. Rights and Options of the County The County may: a. Decline to enter into an agreement. b. Enter into more than one agreement, under such respective terms and conditions as may be tendered by the County and in compliance with bidding laws. c. Request that the proposers present further information within a specified time period in order to complete evaluations. D. PERFORMANCE REQUIREMENTS 1. Services and Reports The Contractor shall provide all equipment, labor and materials necessary to effectively collect unpaid monies assigned to it. Contractor shall handle all assigned accounts in an appropriate manner and in compliance with all applicable federal, state and local laws and regulations and in compliance with any trade association code of ethics. Contractor shall provide quarterly, user-friendly reports reflecting the status of all assigned accounts by name of debtor, case number, amount assigned, and current status, as well as the total number of accounts assigned and the total amount assigned for collection. The Contractor shall remit monthly payment for funds collected in the prior month, with detail of the County case number, Debtor name, total payment received, payment applied to Clerk s balance, and remaining balance after payment. 2. Permits and Licenses Contractor will acquire all necessary permits and licenses prior to commencement of the contract, or immediately as shall thereafter be required. 3. Insurance and Fidelity Bond Contractor shall provide at the time of contract execution and maintain at all times a valid Fidelity Bond in a form provided by the County and in an amount equal to or exceeding $1,000, The bond shall be issued for a period commensurate with the term of the contract, and the Contractor shall provide a new bond, or evidence satisfactory to the County of its bond renewability, not less than 90 calendar days prior to the expiration of the bond then in effect.

10 Contractor shall maintain in effect throughout the term of the contract personal liability, comprehensive general liability, worker s compensation and automobile liability insurance in amounts prescribed by the County. Contractor s insurance shall be primary. Contractor shall protect, indemnify and save harmless the charges and cost (including court costs and reasonable attorney fees) for injury to or death of persons and injury to or destruction of property suffered or alleged to have been suffered as a result of any act or omission on the part of the Contractor or others whose services are engaged by the Contractor or anyone directly or indirectly employed or controlled thereby in the course of the performance of the work provided for in the contract, except as such liability must remain with the County by operation of statute. 5. Nondiscrimination Contractor shall not discriminate on the basis of race, gender, age, religion, national origin, sexual orientation or disability in regard to collection efforts.

11 Proposal Evaluation Proposals will be evaluated based upon the following criteria: 1. Experience 30 pts Experience and reliability of the Proposer s firm will be considered in the evaluation process. Therefore, the Proposer should submit the number of years it has provided Debt Collection Services. Quality, quantity, complexity and nature of the firm s experience in providing Debt Collection Services to institutions similar to the Skagit County Clerk as evidenced by portfolio. The Proposer s portfolio should demonstrate the firm s innovative and outstanding work as well as the firm s/individual s unique qualifications to provide these services. The Proposer must provide information concerning its net recovered percentages for collections activity within the state of Washington. 2. Organization s Methodology 30 pts Explain Proposer s approach in methodology with respect to the anticipated scope of work as evidenced in the proposal, which demonstrates maximum comprehension of and ability to provide such services while maintaining a professional and courteous demeanor so as not to diminish the goodwill and reputation of the Skagit County Superior Court and the Skagit County Clerk. List the ability, availability, and experience of the employees of the Proposer to be assigned to accomplish the work. 3. References 20 pts Provide client references, specifically from municipal/government clients, if available, including the name and address of the company/institution, contact person and telephone number, specifically references for governmental/municipal 4. Cost 20 pts Provide the fee structure for the variety of collection services the Proposer provides. Indicate all costs that may be associated with providing services. Provide the structure for the division of any funds recovered by the Proposer as a result of a referral by the Skagit County Clerk to the Proposer.

12 SKAGIT COUNTY CLERK REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 1: PROPOSER INFORMATION

13 SKAGIT COUNTY CLERK REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 2: PROPOSED COSTS Date: From: Hereinafter called Proposer To: Skagit County Clerk The undersigned Proposer, in accordance with the applicable specifications and related documents prepared by the Skagit County Clerk and having familiarized itself with the local conditions affecting the cost of the Debt Collection Services and with the instructions to Proposers, General and Special Conditions, Form of Agreement and other Proposal Documents, and having examined the location of the proposed work and considered the availability of labor and materials, hereby proposes and agrees to perform everything required to be performed, and to provide and furnish all labor, materials, necessary tools, expendable equipment, and all utility and transportation service necessary to perform and complete in a workmanlike and timely manner all the work required for Debt Collection Services for the Skagit County Clerk, in accordance with the Scope of Work, all in strict conformance with the Proposal and other contract documents, for the sum hereinafter specified. For the Sum of: (ATTACH PROPOSER S PRICING PROPOSAL FOR ALL DEBT COLLECTIONS SERVICES TO THIS FORM)

14 SKAGIT COUNTY CLERK REQUEST FOR PROPOSALS DEBT COLLECTION SERVICES FORM 3: STATEMENT OF QUALIFICATIONS Attach to this form all information specified and requested in Section C.2: Qualifications of Vendor.

15 SKAGIT COUNTY CLERK REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 4: REFERENCES

16 SKAGIT COUNTY CLERK REQUEST FOR PROPOSALS FOR DEBT COLLECTION SERVICES FORM 5: LITIGATION NAMING PROPOSER AS RESPONDENT Attach to this page a listing of any litigation naming your agency as a respondent within the last 3 years. Indicate if the matter is pending, or resolved. If resolved, provide a summary of the outcome, including any damages ordered to be paid to the Petitioner.

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