01120dhAutomatedAccts.pdf

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 1

(Rev 2019-07-30)

EXHIBIT A1 – BIDDER’S CERTIFICATION

Competitive Solicitation: No. 01120 – Debt Collection Services

Bidder: __Automated Accounts, Inc.__________ Type/print full legal name of Bidder

Bidder’s Address: _430 W Sharp Ave / Spokane, WA 99201_ Type/print Bidder’s Address

Bidder Organization Type:

Check appropriate box

Corporation: Domestic Foreign

Limited Liability Company (LLC): Domestic Foreign

Partnership: Domestic Foreign

Sole Proprietorship:

State of Formation: Washington _ Type/print the state where the corporation, LLC, or partnership is formed – e.g., ‘Washington’ if domestic and the name of the state if ‘Foreign’ (i.e., not Washington)

Bidder, through the duly authorized undersigned, makes this certification as a required element of submitting a responsive bid. Bidder certifies, to the best of its knowledge and belief that the following are true, complete, correct, and made in good faith:

1. UNDERSTANDING. Bidder certifies that Bidder has read, thoroughly examined, and fully understands all of the provisions in the Competitive Solicitation (including all exhibits) and the terms and conditions of the Master Contract and any amendments or clarifications to the Competitive Solicitation, and agrees to abide by the same.

2. ACCURACY. Bidder certifies that Bidder has carefully prepared and reviewed its bid and fully supports the accuracy of the same. Bidder further understands and acknowledges that Enterprise Services shall not be responsible for any errors or omission on the part of Bidder in preparing its bid. Bidder certifies that the facts declared here are true and accurate. Bidder further understands and acknowledges that the continuing compliance with these statements and all requirements of the Competitive Solicitation are conditions precedent to the award or continuation of the resulting Master Contract.

3. NO COLLUSION OR ANTI-COMPETITIVE PRACTICES. Bidder certifies that Bidder has not, either directly or indirectly, entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with this Competitive Solicitation.

Bidder certifies that Bidder’s bid prices have been arrived at independently, without engaging in collusion, bid rigging, or any other illegal activity, and without for the purpose of restricting competition any consultation, communication, or agreement with any other bidder or competitor

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 2

relating to (a) those prices, (b) the intention to submit a bid, or (c) the methods or factors used to calculate the prices offered. Bidder certifies that Bidder has not been and will not knowingly disclose its bid prices, directly or indirectly, to any other bidder or competitor before award of a Master Contract, unless otherwise required by law. Bidder certifies that Bidder has made no attempt and shall not make any attempt to induce any other person or firm to submit or not to submit a bid for the purpose of restricting competition. Bidder, however, freely may join with other persons or organizations for the purpose of presenting a bid.

4. FIRM OFFER. Bidder certifies that its bid, attached hereto, is a firm offer which cannot be withdrawn for a period of ninety (90) days from and after the bid due date specified in the Competitive Solicitation. Enterprise Services may accept such bid, with or without further negotiation, at any time within such period. In the event of a protest, Bidder’s bid shall remain valid for such period or until the protest and any related court action is resolved, whichever is later.

5. CONFLICT OF INTEREST. Bidder certifies that, in preparing this bid, Bidder has not been assisted by any current or former employee of the State of Washington whose duties relate (or did relate) to this Competitive Solicitation, or prospective Master Contract, and who was assisting in other than his or her official, public capacity. Neither does such a person nor any member of his or her immediate family have any financial interest in the outcome of this bid.

6. NO REIMBURSEMENT. Bidder certifies that Bidder understands that the State of Washington will not reimburse Bidder for any costs incurred in the preparation of this bid. All bids become the property of the State of Washington, and Bidder claims no proprietary right to the ideas, writings, items, or samples unless so stated in the bid.

7. PERFORMANCE. Bidder certifies that Bidder understands that its submittal of a bid and execution of this Bidder’s Certification certifies bidder’s willingness to comply with the Master Contract, if awarded such. By submitting this bid, Bidder hereby offers to furnish the goods and/or services solicited pursuant to this Competitive Solicitation in compliance with all terms, conditions, and performance requirements contained in this Competitive Solicitation and the resulting Master Contract or, if applicable, as detailed on a Contract Issues List, if permitted, in this Competitive Solicitation.

8. INSURANCE. Bidder certifies as follows (must check one):

BIDDER HAS REQUIRED INSURANCE. Bidder has attached a current, valid Certificate of Insurance with each and all of the required insurance coverages as specified in the Master Contract (note: Bidder must attach the Insurance Certificate).

OR

BIDDER WILL OBTAIN REQUIRED INSURANCE. Bidder does not have a current, valid Certificate of Insurance with each and all of the required insurance coverages as specified in the Master Contract but, if designated as the Apparent Successful Bidder, Bidder will provide such a Certificate of Insurance, without exception of any kind, to Enterprise Services within twenty-four (24) hours of such designation or notification by Enterprise Services or be deemed a nonresponsive bid.

OR

BIDDER DOES NOT HAVE REQUIRED INSURANCE. As detailed on the attached explanation (Bidder to provide), Bidder does not have a current, valid Certificate of Insurance with each and all of the required insurance coverages as specified in the Master

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 3

Contract and, if designated as the Apparent Successful Bidder would not be able to provide such a Certificate of Insurance to Enterprise Services within twenty-four (24) hours of such designation.

9. DEBARMENT. Bidder certifies as follows (must check one):

NO DEBARMENT. Bidder and/or its principals are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with any federal, state, or local governmental entity.

OR

DEBARRED. As detailed on the attached explanation (Bidder to provide), Bidder and/or its principals presently are debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from contracting with a federal, state, or local governmental entity.

10. CRIMINAL OFFENSE. Bidder certifies as follows (must check one):

NO CRIMINAL OFFENSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract;

violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property. Bidder further certifies that it is not presently indicted or otherwise criminally or civilly charged by a governmental entity with commission of any of the offenses enumerated in this paragraph.

OR

CRIMINAL OFFENSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has been convicted or had a civil judgment rendered against Bidder for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a governmental contract; violation of any federal or state antitrust statute; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property.

11. WAGE THEFT PREVENTION. Bidder certifies as follows (must check one):

NO WAGE VIOLATIONS. Bidder has NOT been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, any provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

OR

VIOLATIONS OF WAGE LAWS. Bidder has been determined by a final and binding citation and notice of assessment issued by the Washington Department of Labor and Industries or through a civil judgment entered by a court of limited or general jurisdiction to have willfully violated, as defined in RCW 49.48.082, a provision of RCW chapters 49.46, 49.48, or 49.52 within three (3) years prior to the date of the above-referenced Competitive Solicitation date.

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 4

12. PAY EQUALITY. Bidder certifies as follows (must check one):

PAY EQUALITY FOR SIMILARLY EMPLOYED WORKERS. Bidder’s similarly employed individuals are compensated as equals. For purposes of this provision, employees are similarly employed if the individuals work for the same employer, the performance of the job requires comparable skill, effort, and responsibility, and the jobs are performed under similar working conditions. Job titles alone are not determinative of whether employees are similarly employed. Bidder may allow differentials in compensation for its workers based in good faith on any of the following: a seniority system; a merit system; a system that measures earnings by quantity or quality of production;

a bona fide job-related factor or factors; or a bona fide regional difference in compensation levels. A bona fide job-related factor or factors may include, but not be limited to, education, training, or experience that is: consistent with business necessity; not based on or derived from a gender-based differential; and accounts for the entire differential. A bona fide regional difference in compensation level must be consistent with business necessity; not based on or derived from a gender-based differential; and account for the entire differential.

OR

NO PAY EQUALITY FOR SIMILARLY EMPLOYED WORKERS. Bidder’s similarly employed individuals are NOT compensated as equals.

13. WORKERS’ RIGHTS (EXECUTIVE ORDER 18-03). Bidder certifies as follows (must check one):

NO MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder does NOT require its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

OR

MANDATORY INDIVIDUAL ARBITRATION CLAUSES AND CLASS OR COLLECTIVE ACTION WAIVERS FOR EMPLOYEES. Bidder requires its employees, as a condition of employment, to sign or agree to mandatory individual arbitration clauses or class or collective action waivers.

14. TERMINATION FOR DEFAULT OR CAUSE. Bidder certifies as follows (must check one):

NO TERMINATION FOR DEFAULT OR CAUSE. Bidder has not, within the three (3) year period preceding the date of this Competitive Solicitation, had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

OR

TERMINATION FOR DEFAULT OR CAUSE. As detailed on the attached explanation (Bidder to provide), within the three (3) year period preceding the date of this Competitive Solicitation, Bidder has had one (1) or more federal, state, or local governmental contracts terminated for cause or default.

15. TAXES. Bidder certifies as follows (must check one):

TAXES PAID. Except as validly contested, Bidder is not delinquent and has paid or has arranged for payment of all taxes due to the State of Washington and has filed all required returns and reports as applicable.

OR

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 5

DELINQUENT TAXES. As detailed on the attached explanation (Bidder to provide), Bidder has not paid or arranged for payment of all taxes due to the State of Washington and/or has not timely filed all required returns and reports as applicable.

16. LAWFUL REGISTRATION. Bidder, if conducting business other than as a sole proprietorship (e.g., Bidder is a corporation, limited liability company, partnership) certifies as follows (must check one):

CURRENT LAWFUL REGISTRATION. Bidder is in good standing in the State of Washington and the jurisdiction where Bidder is organized, including having timely filed all required annual reports.

OR

DELINQUENT REGISTRATION. As detailed on the attached explanation (Bidder to provide), Bidder currently is not in good standing in the State of Washington and/or the jurisdiction where Bidder is organized.

17. SUBCONTRACTORS. Bidder certifies as follows (must check one):

NO SUBCONTRACTORS. If awarded a Master Contract, Bidder will not utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation.

OR

SUBCONTRACTORS. As detailed on the attached explanation (Bidder to provide), If awarded a Master Contract, Bidder will utilize subcontractors to provide the goods and/or services subject to this Competitive Solicitation. In such event, Bidder certifies that, as to the State, Bidder shall retain responsibility for its subcontractors, including, without limitation, liability for any subcontractor’s acts or omissions.

Note: Bidder must provide the precise legal name (including state of organization), business address, and federal tax identification number (TIN) for each subcontractor. Note: If the TIN is a SSN, provide only the last four (4) digits.

**See Attached**

18. WASHINGTON SMALL BUSINESS. Bidder certifies as follows (must check one):

WASHINGTON SMALL BUSINESS. Bidder is a Washington Small Business as defined to RCW 39.26.010 (i.e., Bidder is owned and operated independently from all other businesses and has either: (a) fifty (50) or fewer employees; or (b) gross revenue of less than seven million dollars ($7,000,000) annually as reported on its federal income tax return or its return filed with the Washington State Department of Revenue over the previous three consecutive years) and Bidder has certified its small business status in WEBS.

OR

NOT WASHINGTON SMALL BUSINESS. Bidder is not a Washington Small Business as defined in RCW 39.26.010.

19. DEBT COLLECTION SERVICES PERFORMANCE REQUIREMENTS. Bidder certifies as follows (must check one):

MEETS OR EXCEEDS PERFORMANCE REQUIREMENTS. Bidder meets or exceeds the performance requirements specified in Exhibit B – Debt Collection Services Performance Requirements.

OR

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 6

DOES NOT MEET OR EXCEED PERFORMANCE REQUIREMENTS. Bidder does NOT meet or exceed the performance requirements specified in Exhibit B – Debt Collection Services Performance Requirements.

20. REFERENCES. Bidder certifies that the references provided to Enterprise Services have worked with Bidder and that such individuals and firms have full permission, without any additional requirement or release, to provide such references and information to Enterprise Services. Bidder hereby authorizes Enterprise Services (or its agent) to contact Bidder’s references and others who may have pertinent information regarding Bidder’s prior experience and ability to perform the Master Contract, if awarded. Bidder hereby authorizes such individuals and firms to provide such references and release to Enterprise Services information pertaining to the same.

21. LICENSING. Bidder certifies as follows (must check one):

Bidder’s debt collection services comply with both Washington’s Collection Agency Act (RCW 19.16) regulations and the Fair Debt Collection Practices Act (FDCPA) and regulations.

OR

Bidder is NOT compliant with both Washington’s Collection Agency Act (RCW 19.16) regulations and the Fair Debt Collection Practices Act (FDCPA) and regulations.

22. COMPLIANCE WITH HIPAA. Bidder certifies as follows (must check one):

Bidder’s debt collection practices and operations pertaining to medical debt are performed by Bidder’s staff who are trained and operate in compliance with the Health Insurance & Portability and Accountability Act (HIPAA) and regulations.

OR

Bidder’s debt collection practices and operations pertaining to medical debt are performed by Bidder’s staff who are NOT trained and operate in compliance with the Health Insurance & Portability and Accountability Act (HIPAA) and regulations.

23. LICENSED, EXPERIENCED DEBT COLLECTOR AGENCY. Bidder certifies as follows (must check one):

CURRENT LICENSED, EXPERIENCED DEBT COLLECTION AGENCY. Bidder is a Washington licensed debt collection agency in good standing with a minimum of ten (10) years cumulative experience.

OR

NOT CURRENT LICENSED, EXPERIENCED DEBT COLLECTION AGENCY. Bidder is not a Washington licensed debt collection agency in good standing with a minimum of ten (10) years cumulative experience.

Bidder further certifies that it shall provide immediate written notice to Enterprise Services if, at any time prior to a contract award, Bidder learns that any of its certifications set forth herein were erroneous when submitted or has become erroneous by reason of changed circumstances.

EXHIBIT A1 – BIDDER’S CERTIFICATION PAGE 7

I hereby certify, under penalty of perjury under the laws of the State of Washington, that the certifications herein are true and correct and that I am duly authorized to make these certifications on behalf of the Bidder listed herein.

BIDDER NAME: ___AUTOMATED ACCOUNTS, INC.________________________________

Print Name of Bidder – Print full legal entity name of the firm submitting the Bid

By: ______________________________ Signature of Bidder’s authorized person

Title: ____President_____________________ Title of person signing certificate

Date: ________________________________

___Scott Millsap_________________________ Print Name of person making certifications for Bidder

Place: _____Spokane, WA________________ Print city and state where signed

Return this Bidder’s Certification to Procurement Coordinator at:

DESContractsTeamCedar@des.wa.gov

04/30/2020

Automated Accounts, Inc. Subcontractor Explanation

In order to provide nationwide services at a competitive collections rate AAI will utilize the ACA network of member agencies to facilitate collections in closed border states or states where AAI can not provide effective legal action. Due the variable nature of accounts that must be subcontracted AAI will provide the requested Legal Name, State of Organization, Business Address, and Tax ID# for any agency utilized in this manner and ensure the appropriate contact within the state agency or political subdivision is notified.

EXHIBIT A2 – BIDDER’S PROFILE PAGE 1

EXHIBIT A2 – BIDDER’S PROFILE

Competitive Solicitation No.: 01120 – Debt Collection Services

Bidder: Automated Accounts, Inc.

BIDDER INFORMATION

Legal name (from Business License) and address:

_Automated Accounts, Inc._____ Business Name

_430 W Sharp________________ Address

_Spokane, WA 99201__________ City, State, Zip Code

Washington State Department of Revenue Registration Number

Note: This is the Unified Business Identifier (UBI) ___601-192-387______

Federal Tax ID No. (TIN):

Note: If your TIN is a Social Security number, provide only the last four digits.

___91-1453908_______

Is your firm certified as a minority or woman owned business with the Washington State Office of Minority & Women’s Business Enterprises

(OMWBE)?

Yes No If yes, provide MWBE certification no.

Is your firm a self-certified Washington State small business?

Note: See definitions of ‘microbusiness,’ ‘minibusiness,’ and ‘small business,” set forth in

RCW 39.26.010.

Yes No

If yes, what is your business size?

Small Mini Micro

Is your firm certified as Veteran Owned with the Washington State Department of Veteran Affairs?

Yes No

If yes, provide WSDVA certification no.

EXHIBIT A2 – BIDDER’S PROFILE PAGE 2

CONTRACT MANAGEMENT POINTS OF CONTACT

Authorized Representative

Name: Kaylee Woolard Email: Kaylee@automatedaccounts.com Phone: 509-326-2276 X 1819

Contract Administrator

Name: Scott Millsap Email: Scott@automatedaccounts.com Phone: 509-326-2276 X 1801

Sales Reporting Representative

Name: Jack Driscoll Email: jdriscoll@automatedaccounts.com Phone: 509-326-2276 X 1657

Sales Reporting Alternate

Name: Mark Visintainer Email : Markv@automatedaccounts.com Phone: 509-326-2276

Management Fee Representative

Name: Kaylee Woolard Email: kaylee@automatedaccounts.com Phone: 509-326-2276 X 1801

Management Fee Contact Alternate

Name: Jack Driscoll Email: jdriscoll@automatedaccounts.com Phone: 509-326-2276 X 1657

Address for Enterprise Services to send management fee invoices:

Company name: Automated Accounts, Inc.

Attn: Kaylee W.

Address: 430 W Sharp Ave City/State/Zip : Spokane, WA 99201

ORDERING/SALES POINTS OF CONTACT (expand as necessary)

Name Phone Number E-mail Area of Responsibility

Mark Visintainer 509-326-2276 markv@automatedaccounts.com Sales and Marketing

Chris Leinweber 509-326-2276 chrisl@automatedaccounts.com Sales and Marketing

Jack Driscoll 509-326-2276 jdriscoll@automatedaccounts.com Client Relations

EXHIBIT A2 – BIDDER’S PROFILE PAGE 3

REFERENCES

Provide a minimum of three (3) commercial or government references for which bidder has delivered goods and/or services similar in scope as described in the Competitive Solicitation.

Reference 1

Company Name:

Contact:

Phone:

Email:

City of Pullman Brenda Davidson 509-332-8172 Opt 4 brenda.davidson@pullman-wa.go

Reference 2

Company Name:

Contact:

Phone:

Email:

Newport Community Hospital Tasha Reid 509-447-6269 tasha.reid@nhhsqualitycare.org

Reference 3

Company Name:

Contact:

Phone:

Email:

North Idaho College Jessica Grantham 208-769-3401 jessica.grantham@nic.edu

Reference 4

Company Name:

Contact:

Phone:

Email:

Gonzaga University Mary Beth Charleboix 509-313-6817 charleboix@gonzaga.edu

Reference 5

Company Name:

Contact:

Phone:

Email:

WSECU

Kris Uren 800-893-7689 X 10752 kuren@wsecu.org

Return this Bidder’s Profile to Procurement Coordinator at:

DESContractsTeamCedar@des.wa.gov

EXHIBIT B – DEBT COLLECTION SERVICES PERFORMANCE REQUIREMENTS

EXHIBIT B – DEBT COLLECTION SERVICES PERFORMANCE REQUIREMENTS

Bidder must meet each and all of the following minimum qualifications. The certification for this exhibit will be done on Exhibit A1 – Bidders Certification:

Be a Debt Collection Agency

Authorized to do business in the State of Washington

Licensed by the Washington State Department of Licensing

Minimum of ten (10) years’ cumulative experience as a Debt Collection Agency

Able to pursue debt collection in all fifty (50) states

Bidder shall provide, at a minimum, the following Debt Collection Services to eligible Purchasers pursuant to the Master Contract:

1. Debt Collection Services

a) Act as a debt collection agency for debtor accounts referred by Purchaser

b) Perform all debts collection services in full compliance with the federal Fair Debt Collection Practices Act (15 U.S.C. §§ 1692 et seq.) and Washington’s Collection Agency Act (RCW chap.

19.16)

c) Promptly acknowledge referrals of debts from Purchaser and actively work to collect such debts

d) Monitor referred debts and maintain accurate accounting of the same, including applicable interest and fees

e) Timely remit to Purchaser all collected debts, net of Bidder’s contracted debt collection fee

f) Timely forward to Purchaser any offer of settlement or compromise of any referred debt

g) As requested, report uncollected debts to credit bureaus

2. Communication and Collaboration with Purchaser (i.e., customer)

a) Provide regular, periodic reports (no less than quarterly) to Purchaser regarding all efforts performed to manage and collect referred debts including documented efforts to contact debtor and results to date. Such reports shall detail each referred debt as well as a consolidated report of all referred debts.

b) Provide a web-based, secure communication portal for Purchasers to review status and progress regarding debts referred from Purchaser

3. Expiration or termination of engagement with Purchaser (i.e., customer)

a) Upon expiration or termination of an engagement with any Purchaser, promptly return to Purchaser all debt collection referrals and records Provide a status-to-date conclusion report for each open referral

EXHIBIT C1 - DEBT COLLECTION SERVICES BID PRICE

EXHIBIT C1

01120 - DEBT COLLECTION SERVICES BID PRICE

The sole consideration to be paid to the Bidder for its services shall be the agreed-upon collection fee percentage of any monies recovered. Bidders are instructed to propose a collections fee percentage for each kind of collection in the table below, even though the contract will not be awarded by category, and also based on total debt owed by debtor.

For example: If the total debt owed is $1,200 and the Bidder charges a collections fee percentage of 3%, the total owed by debtor would be $1,236 ($1,200 x 1.03). Bidder must record this in the table below as 3%, not .03 or .03%.

PRICE PROPOSAL (300 POINTS)

Pricing Fee Percentage (%)

Debts Below $15,000

Fee Percentage (%) Debts Between

$15,000 - $50,000

Fee Percentage (%) Debts Above

$50,000

General Collections 20% 15% 10%

Educational Collections 20% 15% 10%

Legal Services Collections 20% 15% 10%

Enterprise Services will not be awarding by category but below are examples of the most common debts the awarded Bidder may be asked to collect:

1. General Collections – Unsecured debts owed by individuals or businesses.

2. Educational Collections – Unsecured educational student loans. The methods for collecting private student loans are generally the same as any other type of consumer debt (like credit card debt, medical debt, etc.). It is fundamentally different from federal loans, where the Department of Education has fairly broad and far-reaching rights to collect the debt without a lawsuit.

3. Legal Services Collections – Legal Services associated with acting on filed warrants and judgments. This will include the levying of any money sources, as well as the garnishing of wages. All legal action will be taken in the name of the awarded bidder, in accordance with RCW 19.16.270.

EXHIBIT C2- DEBT COLLECTION NON-COST FACTORS

Adam Gumke Collections Manager

Adam has worked for since 2003. He started as a collector, and has since worked his way into the Collection Manager position. In conjunction with other management staff Adam makes sure our collections team stays up to date on any legislation or compliance changes, trains staff, and ensures our many different client’s accounts are worked as thoroughly as possible.

Mark Visintainer Account Manager

Mark has been working in collection industry for over 20 years as an account representative. Since working with , Mark has provided customer service to clients, and educated clients on legislative issues. Additionally Mark is responsible for expanding our client base, doing outside sales throughout Washington, Oregon, and Idaho.

TRAINING - FEDERAL AND WASHINGTON STATE DEBT COLLECTION LAWS (62 POINTS)

Describe the training given, or other specific measures taken by your firm, to ensure an active understanding and adherence among your management and employees of Federal and Washington State law governing debt collection. This includes the rights, restrictions, and exemptions on general collections, student loan collections, related legal services, and any special requirements in law of any kind of debt collection that might be assigned under this contract.

This answer should include your firm’s knowledge and practice in compliance with the Washington State’s personal bankruptcy law, the rights and restrictions on collecting after bankruptcy has been declared, and your firm’s knowledge and practice in pursuing the debt of limited liability corporations.

believes compliance with applicable state and federal law is an important aspect of our business. As such all newly hired collectors and legal staff must pass an ACA approved test on FDCPA within the first 2 days in their position. Once passed additional training is handled by our collections manager, with specific benchmarks checked off as an employee progresses through the various aspects of collections. Management is apprised of any changes to case law, state or federal legislative action, or anything that significantly impacts compliance matters by our in-house attorney.

Identity Theft uses a combined effort of training and security protocols to prevent identity theft from occurring with data we have received. This includes, but may not be limited to, strict requirements to verify identity of card holders who are making payments and consumers requesting information on their accounts verbally. In addition, all our physical documents are scanned then placed in our locked shredding bin and scanned copies are kept in password protected servers. If receives a dispute claiming that the assigned debt is a result of identity theft, we require that the consumer provide us documentation to prove that it is identity theft. This can be a police report with documentation such as copies of their identification and signature that does not match, proof that they were never in the area, or some other evidence that we believe documents the fact that this was in fact identity theft. We would then forward that information to the original creditor to review and respond in accordance with our dispute resolution process.

Complaint and Dispute Resolution may receive verbal or written disputes on accounts that are placed in our office or on staff members who have spoken with consumers. In all cases where the account is disputed, whether written or oral, the collector codes the credit reporting as disputed until the dispute is resolved. The following outlines our process for diffusing and resolving such disputes:

Verbal Disputes Collectors will often receive verbal disputes regarding debts that have been assigned for collection. When possible, the collector uses the information on file to resolve the dispute such as an itemization showing insurance payments or an itemization and contract showing where the amounts assigned originated. At the consumer’s request, the collector will request that documentation be mailed to the consumer providing proof. A cover letter is mailed with the documentation requesting that they review the documentation and contact our office to discuss further. Should the consumer have a specific dispute relating to the charges the collector requests that they provide a letter with any documentation they have supporting their claim. Once received this follows the written dispute policy outlined below is followed. During the course of the collection process there will occasionally be conflicts between consumers and their account manager. If a consumer has a complaint about how their account is being handled it is given to the collection supervisor to review the account and speak with the consumer to diffuse the situation.

Should the collection supervisor be unable to resolve the compliant, which is rare, it moves on to our office manager and finally our president to resolve. If there is an unresolvable complaint one of the assistant unit managers will take over the conversations on behalf of the unit manager with guidance from the account manager and collection supervisor.

Written Disputes receives written disputes on assigned accounts via mail and email from time to time. When a dispute is received it is given to the account manager to review. The account manager notes the nature of the dispute and provides it to our collection support team. A copy of the dispute is mailed to the original creditor requesting a written response that can be forwarded to the consumer and puts the original dispute to our scanning department. Once the response is received, a copy is sent to the consumer and given to the account manager to review and note in our collection notes. The collector then provides the document to our scanning department for considered active from a collections standpoint and will be worked when we focus on a specific client’s accounts. An account is not typically deemed uncollectable unless it is past the statute of limitations, bankruptcy is filed, or the individual is deceased.

Supporting Effective Multiyear engagements (Client Emphasis)

In order to make sure our most important client’s accounts are spared from the “black hole” of some agencies we have established a Client Emphasis Process. This allows to pull a specific client’s accounts from our data base and review them to ensure all appropriate actions have been taken, and the account is in the appropriate status. Any accounts that approach the statute of limitations can get one last shot at contact, and any judgments that need renewal will not fall through the cracks. At a minimum this review will happen once a year, but can be done 2-4 times depending on results or special projects. Based on projected volumes the award of the Bid would qualify the State of Washington for this process.

Handling Collections for various agencies and political subdivisions already has collection accounts from Cities and Hospital/Medical Tax Districts in

Washington, so we are familiar with working those accounts and the various accounting needs of each entity. will establish a separate Trust setup for each entity so it is a simple process to track their specific accounts and results, and will also be able to create individual online access so each entity can track their accounts. If any of the agencies or political subdivisions needs flexibility from our regular process will be able to work with them to establish a positive workflow.

See attached Sample Letters

3. DATA ENCRYPTION CAPABILITIES (64 POINTS)

Bidder will provide a written description of current data encryption capabilities (if applicable), systems access, and information technology security protocols for all systems and/or file transfers. If selected for a contract, Bidder must conform to any system and file security protocol standards that are required by the Department of Enterprise Services and/or Purchaser.

Physical and Data Security

Data Storage, Retention and Destruction.

has in place a PTP synchronized NAS servers for data information storage and backup. Database backup encryption uses the well documented AES encryption algorithm with 256 bit keys, which are further protected by RSA 2048-bit encryption. Systems are scheduled for daily backup for all systems containing information to provide uninterrupted availability. Backup media logs are checked daily to ensure that the system had a successful backup, and it is tested bi-monthly to ensure recovery from data.

Network Security

Networks.

Policy: s network is designed and implemented to minimize any single points of failure that could cause network services to be unavailable. All hosts that are connected to s internal networks use the most up-to-date antivirus software and security updates, this includes personal computers.

Firewalls.

Policy: All Internet-facing network services will be located behind a dedicated, single-purpose firewall. Firewall configuration will limit access to only those ports and services required for an approved business function. Firewall activity will be monitored and logged to a secure log server.

Firewall and router changes must be approved by management and reviewed by the Security Officer.

Encryption of Transmissions.

Policy: All network transmission of valuable, private and/or confidential information will be encrypted when sent via open, public networks (i.e. Internet). Industry standards for strong encryption and protocols will be employed. It is the responsibility of s employees, contractors, vendors and agents with remote access privileges to , Inc.’s corporate network to ensure that their remote access connection is given the same consideration of acceptable use as the user's on-site connection to , Inc.’s network.

4. CONFIDENTIALITY AND DATA SECURITY (65 POINTS)

The Bidder must have an established history of ethical and legal collection practices, especially with confidentiality of client and debtor information and the level of professional standards displayed by the Bidder's employees. Describe your specific practices and processes to maintain confidentiality of clients and debtors. In addition, Bidder must have data security measures for hardcopy and digital files. Describe your specific data security practices.

Note: Any Bidder assigned to collect medical-related debt through this contract must show certification of compliance with the Health Insurance Portability and Accountability Act (HIPAA) before accepting such assignment or beginning any medical collections work.

Confidentiallity is an important aspect of collections. will not release information to a third party without written permission, and we won’t e-mail any documentation with out the same. In regards to medical debt will only physically mail itemized statements to maintain the confidentiality of a spouse or other resident in the home. does not disclose any HIPPA protected information without clear written permission from the patient. will also redact any non-essential information on our legal filings, so that socials, full dates of birth, or other personal information is not disclosed to the court record.

Physical Documentation of Debts

All documents received pertaining to collection accounts are scanned and placed in an onsite locked bin awaiting shredding. All documents, notes or printed materials containing private information about consumers are collected in an onsite locked bin awaiting shredding. This bin is picked up by a professional shredding company and that company shreds the documents on site.

Physical Security of Data . contracts an alarm system from Allied Security which monitors those entering the building with or without utilizing a code for entry. These codes are provided to only those employees with keys. In addition, it is connected with fire and internal emergency situations. The onsite servers are located in a locked server rack. Access is limited to IT personnel only. The offsite Synology NAS is in a locked server rack inside a room with number key pad door.

Unattended Systems.

Policy: Employees must not leave their personal computer, workstation, or terminal unattended without logging out or invoking a protected screen saver. Systems will be configured to automatically lock or log off if idle for more than 15 minutes.

Document Handling has contracted with Devries to have our documents shredded on site.

5. LEGAL SERVICES (62 POINTS)

Bidder will be required to have access to legal services, either through in-house attorneys or contracted attorneys. Describe how your firm handles legal services pertaining to debt collection, including a description of lawsuit and garnishment procedures and guidelines.

Legal Action

Lawsuit

The collectors request the assignment providing legal authority to . The clerical department receives assignments and notes as such in our software. The collector may then request that legal action be commenced by providing the clerical department a written request. The clerical manager then verifies we have all of the necessary assignments, contracts and documentation of amount owed. The clerical manager also verifies that we are not beyond the state-specific statute of limitations. Should any account balances need to be adjusted, they notify our client and write an adjustment slip for our controller to post. Should any account not meet our criteria for being included, the clerical manager suspends the account from active collections and forwards the remaining collection accounts to our legal department. Our legal assistant reviews the documentation, software history, and balance information to verify accuracy and prepares a lawsuit for our attorney to sign. If our legal assistant finds an incorrect balance, she asks the sales department to contact our client and handle any adjustment that is needed.

Once legal action has commenced, all documentation is reviewed by the preparer, another member of the legal department, and our attorney prior to being filed with the courts to verify all filings are accurate in nature and balance.

Garnishment

When a Garnishment is the only avenue to provide payment on an account collectors will verify the asset prior to any request. They also double check PACER to make sure no bankruptcy has been filed, and will typically try one last phone call before the garnishment is requested. Once requested our legal staff reviews the account and the judgment, ensuring it is not past the statute of limitations, and calculate appropriate interest based on the rate granted in the judgment. After the garnishment is written our Attorney reviews both the interest amount and the verbiage in the document prior to filing. After the garnishment is filed and running we will sometimes receive a phone call from the consumer about their account. We typically let the garnishment run the 60 days in these situations, then establish a payment plan when it is concluded. If anyone pays in full or files bankruptcy mid-garnishment we release the writ within 2 business days.

6. ACA INTERNATIONAL (62 POINTS)

Bidder must show proof of membership (attach a .pdf document) in the Association of Credit and Collection Professionals (ACA International). Please describe in the space below the training and/or certification of your employees in the ACA Code of Ethics and Code of Operations.

ACA Proof of Membership

Please see attached “membership search” and a recent credit invoice from ACA International with Account number.

trains new hires using ACA testing material with our collectors. Our owner and management has always had a natural consumer first focus when it comes to collections, which aligns with ACA philosophies. It made joining a natural fit, and the training is reviewed periodically to see if there is any information available that would be worthwhile for our agency. Currently our collection manager is working through the Collections Manager

Certification.

7. ELECTRONIC NOTICING (64 POINTS)

Please describe your firm’s active practice or capability for electronic noticing (demand letters) and automation of return mail (no human intervention). Describe clearly the procedures used to locate debtors and the steps taken to ensure that contact is made with the correct individual.

has a sophisticated software suite that will allow for electronic noticing. However, based on recommendation from our attorney, is required to mail the First Notice via 1st class postage in order to stay compliant with FDCPA regulations. With explicit written permission will send an e-mail about a specific account or question a consumer may have, including balance statements. These e-mails are handled by a member of the management team to ensure compliance with applicable collections law or practices. has access to the National

Change of Address Database (NCOA) through our letter vendor, which allows any mail to be screened for a forward address. When a new address is found our system will either update the address or note the new address in history, depending on when the address was last changed. This ensures that the information is not lost when it is discovered through the NCOA search.

primarily uses Accurint by Lexus Nexus in order to verify addresses or phone numbers. If we do not have a social security number or date of birth collectors must match two pieces of known information to a given search in order to update the address or phone number. This ensures correct party contact. On the rare occurrence there is matching info but we are aware

Exhibits

Scott Millsap Resume

INTERESTS

Dedicated husband and father of four

Enjoys many outdoor activities including hunting, fishing, camping and skiing

Letter Samples & Account Workflow

ACA International Membership