5-01- Scope of Work Collection Agency Services for Dallas Water Utilities.doc

City of Dallas

Request For Proposals (RFCSP)

Project Title: Collection Agency Services for Dallas Water Utilities Buyer Solicitation Number: BAZ25-00028771 Scope of Work I. Introduction, Purpose and Intent The City of Dallas (“City”) through the Dallas Water Utilities Department (“DWU”) seeks proposals to establish a sixty (60) month service contract with two (2) one-year renewal options for collections on delinquent utility accounts and other miscellaneous accounts. The City of Dallas is requesting proposals from qualified and eligible firms to collect payment of delinquent utility accounts and other miscellaneous accounts as provided for in these specifications. The renewal will be exercised by the City at its sole option by providing thirty (30) days advance written notice to Contractor, unless sooner terminated in accordance with the provision of the Contract.

II. Pre-Proposal Meeting Schedule, Questions, and Inquiries During the solicitation process proposers are required to limit their communication regarding this project to the Buyer referenced herein. A preproposal meeting will be held by the City whereby the proposers will have an opportunity to ask the requesting department(s) questions and/or obtain clarification. The preproposal meeting will be the only time when proposers and requesting department(s) will communicate directly, thereafter, all communication associated with this project shall be addressed to the assigned Buyer. Proposers may submit their questions electronically through the City solicitation portal, https://dallascityhall.bonfirehub.com/login. All questions shall be submitted electronically, the City will respond to all questions by way of addendum which will be posted as part of the solicitation. The City, its agents, and employees shall not be responsible for any information given by way of verbal communication.

III. Proposal Submittal Requirements The City is interested in proposals that include an innovative approach to the collection of all delinquent accounts including older and more challenging accounts.

All proposers shall detail an approach that will show a willingness to aggressively search out and contact customers to reduce the portfolio. The City recognizes many collection agencies focus primarily on new receivables placements; however, the City is seeking proposals that are committed to disposing of old receivables as well as new receivables.

All proposers shall include a detailed description of all collection activity and methods that may be utilized on City accounts.

Proposers shall provide all requested information in a format that is easily identifiable by evaluators. Proposers shall provide one (1) original, seven (7) identical copies and one (1) copy on a flash drive or disc of the entire proposal.

Collection activity and methods not included in the proposal cannot be utilized on City accounts without the written approval of DWU. Any and all information on City accounts cannot be shared with other agencies or used for any other purpose except that which is specified in these specifications.

Capability and Expertise All proposers shall provide the following information to determine qualifying experience and suitability required to meet the specifications contained herein:

· Brief description and history of the firm demonstrating a minimum of 5 years of expertise in collecting delinquent accounts in environments comparable in size, complexity and demographics to the City of Dallas that support the proposal collection performance rate.

· Financial stability will be provided, as verified by certified, financial statements audited for the last two years. Such statements shall include a Balance Sheet (Statement of Financial Position), Income Statement (Statement of Operations) and a Statement of Changes in Financial Position

· Examples of successful collection rates in collecting delinquent accounts in environments comparable in size, complexity and demographics to the City of Dallas that support the proposal collection performance rate

· Current operational/volume capacity

· Legislative and legal resource support and knowledge

· Resumes of key staff assigned to this project

· A detailed organization chart identifying key positions and subordinate reporting levels

· Appropriateness of staffing and resources committed to project

· A listing of all clients served during the last 24-month period with a name, address and phone number for each contact person

· List of current clients in the State of Texas, particularly clients for whom proposer performs same or similar work is required

· A Statement on Auditing SSAE 16 annually

· Proposers shall provide client references that confirm the Capability and Expertise. Additionally, references should detail the proposer's dependability and responsiveness and a proven methodology of collecting receivables.

· Proposers shall provide a list of any lawsuits filed against proposers in the last five years involving the firm and clients, or the firm's principals and clients. Include current status or resolution of the lawsuits.

· Provide reference contacts for the three most recent clients where the proposed or similar collection service has been operational for at least two years. References shall include:

· Client’s name

· Address

· Contact person name, title and responsibility

· Telephone number

· Field of business

· Type of collections

· Length of service

· Performance measures, including collection rate, number of accounts paid, number of accounts assigned, dollar value of accounts paid and dollar value of accounts assigned.

· Proposals where collection firms provide guarantees on the percentage of

· Collection receivables that will be disposed of monthly/yearly;

· A guaranteed percentage the portfolio will be reduced by yearly;

The City retains the right to waive minor discrepancies in the acceptance of the above qualifications.

IV.

Statistical data

The data below provides an overview of DWU delinquent receivables.

Approximately 2000 accounts are placed with our current third-party collections monthly.

V. Scope of Work I. Minimum Requirements for Compliance with Information Security A. Computerized Technical Environment and Operating/Software System

Each proposer shall illustrate the computerized technical environment and operating/software system that the proposal collection service will utilize and shall include, but not be limited to, proof of the following requirements:

The City requires that the data transfer and the end nodes (workstation or server) between the City and the firm be secured. A security protocol shall be enabled between the sending and receiving stations even though they may transverse the Intranet and Internet. Security of the sending and receiving stations shall also be able to ensure data integrity and bar intrusion of the station itself. The data transmission shall also be secured so that if the data is intercepted, it cannot be opened or disclosed. It is assumed that the data transfer will be processed utilizing the firm’s and City Internet Connection and that the end nodes will be on an internal connection at each site. Security features shall include but are not limited to:

· Awarded Proposer shall implement a secured network employing Authentication mechanism to ensure only authorized users access the environment to protect City managed systems.

· Awarded Proposer shall implement a secured network employing standard defense-in- depth architecture for their perimeter and DMZ defenses to protect City managed systems.

· Awarded Proposer shall implement a secured network employing standard protection mechanisms such as Firewalls, IPS and IDS at various Egress and Ingress endpoints to protect City managed systems.

· Where Credit Card processing environments exist, Awarded Proposer shall follow current PCI DSS version 3 security standards and implement controls stipulated in such standard.

· Awarded Proposer shall implement Cybersecurity solutions to protect City managed systems from cyber security events including but not limited to viruses and malware threats.

· Awarded Proposer shall implement, administer and deploy operating system environments that are under OEM FULL support to protect City managed systems

· Awarded Proposer shall implement effective patch management policy that ensures frequent and regular patches to operating environments to protect City managed systems

· Awarded Proposer shall implement appropriate cyber security risk and vulnerability assessments periodically

· Awarded Proposer shall implement appropriate vulnerability scans to identify vulnerabilities and control risks associated with such vulnerabilities

· Awarded Proposer shall provide the City such reports, Vulnerability reports when requested

· Awarded Proposer shall implement appropriate continuous security monitoring program for systems impacting City of Dallas ‘operations

· Awarded Proposer’s processing system/solution shall transmit information using encrypted media AT ALL TIMES to protect the confidentiality, and integrity of the transaction data elements.

· Awarded Proposer shall maintain effective and adequate Log of the following operating environments data elements:

· Access Control Logs

· Intrusion Detection / Prevention Logs

· Firewall transaction logs

· Operating System Event Logs

· Physical Security Event Logs

· Operating environment transactional logs

· Activity Transactional Logs

· Transactional Status Logs

· Communication Logs between ALL end points, including between the Awarded Proposer and the City.

B. Maintain an Information Security Policy

Awarded Proposer shall implement effective information security polices with enforcement components as well as sanctions for non-compliance.

C. General Security and Operations

· The Awarded Proposer shall not communicate confidential information, including PII, information via open messaging systems without adequate protection.

· Awarded Proposer shall communicate information to remote City systems using End-to-End Encryption protocols AT ALL TIMES to ensure the confidentiality and integrity of associated data elements.

· All transmissions of confidential data between the City and the Awarded Proposer shall use minimum AES-192 Block Ciphers symmetric encryption or higher; or minimum 2048 assymetric encryption with SHA-256 Hash seed or above

· All Symmetric Encryption activities shall use the AES-192 Block Ciphers standard by default for encryption of sensitive information between Awarded Proposer and the City.

· All Assymetric Encryption shall use a minimum key length of 2048Bits for encryption of sensitive information between Awarded Proposer and the City.

· Awarded Proposer data center shall be certified to be in compliance with SSAE 16 SOC 2 type 1 and 2; in the last 3 years.

· Awarded Proposer Data Center shall meet all Tier 2 of the ANSI/TIA-942 standards.

D. System Authentication

· Awarded Proposer’s processing system/solution shall ensure that only predefined, authenticated users and system components are allowed access to the operating environment.

· Awarded Proposer’s processing system/solution shall ensure that the authentication methods used SHALL identify and categorize all endpoints, including but not limited to applications, people, processes, and systems, to ensure the appropriate level of access is granted.

· Awarded Proposer’s processing system/solution shall ensure segregation of the various endpoints including but not limited to production applications and systems to reduce risks of compromises of the processing environment.

· Awarded Proposer’s processing system/solution shall provide Identification of each component of the endpoint and provide additional, enhanced Security to validate roles, accesses and behaviors of such identity.

· Awarded Proposer’s processing system/solution shall maintain mechanisms for Enrolling uniquely defined identity for each endpoint components.

· Awarded Proposer’s processing system/solution shall maintain mechanisms for Authentication of identity including provisions for REVOKING / DENYING / REVOCATION of accesses timely.

· Awarded Proposer’s processing system/solution shall maintain mechanisms for hardening Authorization of various endpoint components to interact with the processing environment.

· Awarded Proposer’s processing system/solution shall maintain mechanisms for terminating various endpoint components accesses timely.

E. File Transfer Operations

· ALL file transfer operations shall utilize Secured FTP client to client or client to server end points between the vendor and the City.

· All encryption and decryption keys used for communication shall be protected from disclosure and compromise.

· ALL encryption and decryption keys used for communication shall be rotated regularly, at least once annually, to prevent breach or compromise.

Security of the sending and receiving stations must also be able to ensure data integrity and bar intrusion of the station itself. The data transmission must also be secured so that if the data is intercepted, it cannot be opened or disclosed. It is assumed that the data transfer will be processed utilizing the firm’s and City Internet Connection and that the end nodes will be on an internal connection at each site. Security features must include but are not limited to:

· End Nodes shall have dedicated IP addresses

· End Nodes shall have a transaction or Data Transmission Audit Log

· The City shall have physical access to firm’s End Node to perform security audits

· Any backup or alternate Transmission plan included in the proposal shall also address these security requirements.

· The City node will have ISS scans issued against it

The Awarded Proposer shall submit a detailed security plan for this connection. This plan shall provide proof that each of the items listed above are met and are currently operational.

In addition to the security requirements, the Awarded Proposer shall illustrate the ability to provide the following services:

· Transmit and receive information via secured Internet mechanism

· Computer display of individual accounts, account information and collection activities

· Update/delete capability on responsive/responsible proposer’s system of accounts

· Retention/recall of accounts

· Generate computer notices/letters

· Generate account update letters to debtors after payment is received in full or recalled/called back.

· Generate performance/statistical reports on collection activity and City requests on a daily, weekly, monthly, annual, inception-to-date and ad-hoc basis

· Example of databases utilized in the location of individuals

· Provide security over access to and use of City’s account information

In addition, the Awarded Proposer shall describe the documents and retention period for the proposal collection system and the ability to access account activity on-line for at least ninety (90) days after collection before archiving on database accessible to the City.

The Awarded Proposer shall describe the type of back-up/retrieval systems utilized to reconstruct collection activities, in the event of system failure and for audit/monitoring purposes.

The Awarded Proposer shall provide the capability to the City of Dallas to access the computer terminal at the awarded proposer’s site for information related to the contract.

The Awarded Proposer shall describe the physical, structural and electronic security system that will protect both the physical documents and the case information, from the time of the Awarded Proposer’s receipt until return to the City. The Awarded Proposer shall describe two major aspects of security in their proposal:

1. Physical security of equipment, files, communication network and other applicable items shall be described in detail, including procedures, and

2. Logical security (system edits) designed into the system itself to safeguard internal transmission confidentiality and prevent system abuse.

The security system description shall address the following:

· Fire, smoke and water damage protection, alarm systems, locked files, guards, or other devices reasonably expected to prevent loss or unauthorized removal of documents and/or manually held data.

· System edits, passwords, access logs, badges, or other methods reasonably expected to prevent loss or unauthorized access to electronically or mechanically held data; limited terminal access, access to input documents and output documents, and design provisions to limit use of client or applicant name.

The system and its procedures shall contain edits and controls to ensure the accountability of all transactions and monies, from their source through final resolution and archiving. The account activity/account information shall retain audit trails of all actions (payments, dispositions, notices sent, etc.) taken regarding each account, from placement through disposition.

It is not the intent of the City to limit Awarded Proposer to these security measures; however, the security specifications contained herein are the minimum acceptable standards. Proposers shall meet these standards of overall security in order to be considered responsive.

In addition to steps the Awarded Proposer may take to secure the system, the Awarded Proposer shall comply with reasonable security measures requested by the City. Failure of the City to provide a partial or complete security plan shall not be construed as relieving the Awarded Proposer of their responsibility.

F. File Transfers

The files transferred will include the City’s assignment of new accounts, the City’s updates to existing assignments and Awarded Proposer’s payment posting file. Update file will reflect accounts that are paid after assignment.

These file transfers will be executed once a week on Monday mornings, at a time mutually agreed by the City and the Awarded Proposer. This schedule is negotiable based upon agreement between the City and the Awarded Proposer. If there are exceptions on specifics involved in the vendor’s schedule, such as holiday schedules, they should be noted on the response.

We expect the successful vendor to build and test these required outbound and inbound file transfers to be ready for the City’s production environment within 30 days after the execution of the contract.

All file transfers shall be encrypted with PGP encryption. The City will provide its public key to the Awarded Proposer after contract is signed.

All file transfers will be initiated by the City. Files that are outbound from the City will be placed on the appropriate FTP server for the Awarded Proposer. Files that are inbound to the City will be retrieved by the City from the appropriate FTP server.

II. Minimum Requirements for Compliance with Collection Activities A. Collection Activity Requirements

· Awarded Proposer shall comply with the Fair Debt Collection Practices Act, and all other state and federal laws.

· All payments shall be directed to one of the City’s acceptable payment options:

· By mail to: Dallas City Hall, 1500 Marilla St. Ste. 2DS, Dallas, TX 75277

· In person at: Dallas City Hall, 1500 Marilla St. Ste. 2DS Dallas, TX 75277

· By phone at (214) 651-1441

· By internet at www.dallascityhall.com

· Other authorized payment locations; viewable at www.dallascityhall.com

· All collection correspondence shall be reviewed and approved by DWU and/or City designated representative(s), prior to utilization on City accounts. Letters shall conform to the City’s philosophy and logical progression and shall be in compliance with all state and federal laws regarding debt collection.

· All collection correspondence shall be on the successful responsive/responsible proposer’s letterhead or clearly identified with the Awarded Proposer’s name, address and phone number. The collection correspondence form shall list the following payment options:

· By mail to: Dallas City Hall, 1500 Marilla St. Ste. 2DS, Dallas, TX 75277

· In person at: Dallas City Hall, 1500 Marilla St. Ste. 2DS Dallas, TX

· By phone at (214) 651-1441

· By internet at www.dallascityhall.com

· Other authorized payment locations; viewable at www.dallascityhall.com

· All collection correspondence shall include account number(s), service address, and amount(s) due.

· All correspondence, forms and notices that are mailed to the customers shall be written in English and Spanish.

· If a payment is received at the Awarded Proposer’s location, the Awarded Proposer shall forward all funds to the City within 24 hours of receipt.

· Awarded Proposer shall maintain a detailed activity history on every account for a minimum of five years.

· Awarded Proposer shall comply with Federal Trade Commission’s Red Flag Rules, which implement Section 114 of the Fair and Accurate Credit Transactions Act of 2003, as amended. Provide necessary documentation that demonstrates compliance.

· Awarded Proposer shall report to credit bureaus all uncollected accounts after 60 days with the awarded collection agency, unless payment arrangements have been made and are on schedule.

· Awarded Proposer shall provide legal representation in the event a defendant files suit in an attempt to avoid collection on a delinquent accounts receivable. If the Awarded Proposer is not a law firm, the awarded proposer will need to pursue litigation through a competent, qualified, collection attorney(s) and manage the case.

· All telephone contacted between the Awarded Proposer and customer shall be limited to Monday through Saturday between the hours of 8:00 a.m. and 9:00 p.m. Central Time. A customer shall not be contacted on New Year’s Day, Presidents’ Day, Martin Luther King Jr.’s Birthday, Memorial Day, July 4th, Labor Day, Thanksgiving, Christmas, or any Sunday.

B. Timing of Collection Activity The Awarded Proposer shall initiate collection efforts on the accounts within three (3) business days of receipt.

The Awarded Proposer shall pursue collection activities on receivables until the City notifies the Awarded Proposer of payment in full or recall (called back). Notification will take place by providing an update file with payments and recalls. Manual notification may also be provided by email by the City.

The City reserves the right to recall (call back) or cancel any account assigned to the Awarded Proposer. Upon such recall, the Awarded Proposer shall cease and desist from all collection activities without charge to the City.

No commission shall be authorized for payments made after the date of recall.

C. Customer Service The Awarded Proposer shall:

· Comply with all applicable Federal, State and Local laws regarding credit and collection activity;

· Process update files within 6 hours after receipt;

· Provide a letter at debtor’s request verifying debt has been paid in full;

· Provide Spanish-speaking staff to communicate with Spanish speaking customers;

· Provide clear and understandable written and verbal messaging to debtor;

· Send written notice within five days of first contact with the customer explaining who you represent, amount owed to the City and description of debt.

D. Professional Requirements

The Awarded Proposer is an independent contractor and shall not represent itself to be an agent, employee, or officer of the City. The Awarded Proposer shall clearly identify their firm, contractor status, and names when communicating with the customers. The Awarded Proposer may use industry accepted alias names only after written notification to and approval by the City. The Awarded Proposer shall have no relationship to any City employee or have any pending litigation with the City.

The Awarded Proposer shall provide proof that all Federal, State and local licensing requirements for collection services are maintained.

The Awarded Proposer shall ensure that all staff assigned to collections processing, or work on City receivables or have access to computerized City account files, shall be bonded and not be convicted of a felony criminal charge.

E. Internal Controls

The Internal Control system shall have provisions for documentation, audit trails, testing, monitoring, reviewing and reporting; including software, data files, system edits, security and back-up.

The Awarded Proposer shall have a system development life cycle methodology and an active quality assurance program.

The Awarded Proposer agrees that it will use the City’s information only as required in the performance of the Contract, and will not, before, during, or after the completion of the Contract, otherwise use this information, nor copy or reproduce the information in any form, except pursuant to the sole written instructions of the City. The Awarded Proposer further agrees to promptly return/dispose of the information at the request of the City in a format/manner to be determined by the City. All information that is sent to the Awarded Proposer is the property of the City. Upon termination of contract all information written or computerized shall be returned to the City and documentation shall be provided that information was removed from any database holding information within 30 days of notification.

F. Project Administration

The Awarded Proposer shall identify the individual(s) who will serve as Project Director and Manager for the contract. These persons shall have local decision-making authority. The Awarded Proposer’s Project Manager will be available for discussions with the City’s Administrator and Project Manager by telephone, fax and e-mail, if not in person, Monday through Friday, 8:00 a.m. to 5:00 p.m. CST.

G. Implementation Plan/Timeline The Proposers shall provide an implementation timeline that indicates the starting date and each subsequent date of each phase. The Awarded Proposer shall implement collection efforts within 30 days after the City Attorney has executed the contract. An executed contract is required within 30 days after authorization from the Dallas City Council.

III. Placement of Accounts A. Placement of Accounts

· Information provided will include:

· Business Partner and Joint Business partner names, including unique identifier for debtor information, if available

· Driver’s License Number, if available

· Social Security Number, if available

· Service address

· Mailing address

· Primary and Secondary phone numbers, if available

· Work phone number, if available

· Invoice date for items billed singularly or alone

· Final date for reoccurring invoices such as utilities

· Invoice amount

· Invoice/Account number

· Accounts equal to or less than $5,000 will be referred to the Awarded Proposer within 45 to 120 days after an account becomes delinquent or has been closed. Accounts over $5,000 may be referred to the Awarded Proposer at a later date.

· Awarded Proposer shall confirm receipt of files by acknowledging number and dollar value of accounts received by email. Notification should include detail and summary information on accounts that have been placed.

· All discrepancies shall be identified in writing and resolved within five business days.

B. File Formatting

All files will be formatted in a record layout to be mutually agreed upon by the City and the Awarded Proposer. The City will send a computerized electronic transmission on a weekly basis of new assignments (submission Files) that will facilitate the transmission of computerized data. Additionally, data stored in other computer systems will be transferred by a mutually agreed upon format. Items will be sent to the Awarded Proposer at a mutually agreed upon time.

Recalls (call backs), payments made directly to the City (update files), adjustments made by the City, and information updates will be documented in a separate file sent by the City on a weekly basis.

These items will consist of various data in a record layout to be mutually agreed upon by the City and the Awarded Proposer.

The naming convention for these files will be mutually agreed upon by all parties. The date of the file creation shall be included in the file name (CC/YY/MM/DD).

The Awarded Proposer will send a computerized electronic transmission on a weekly basis (the first business day of each week) summarizing all data changes.

Awarded proposer and the City shall mutually agree upon the format and transmission of reports files.

I. IV. Minimum Reporting Requirements A. Reporting The Awarded Proposer shall include, but not be limited to, providing the following report but not limited to:

A monthly report detailing monthly and cumulative collection performance from inception to date in comparison to the accounts placed, resulting in the current collection rate.

Monthly report is due upon a mutually agreed schedule following the month being covered.

All reports and invoices shall be put on the FTP site in Excel format. All files are currently produced during Sunday night processing and sent once a week on Monday morning. The times are flexible.

The City reserves the right to modify or enhance the listed reporting requirements. The Awarded Proposer shall be capable of providing modified or special segment reports requested by the City within 10 working days from receipt of the request. These modifications or special requests usually result from special review, investigations, audits, management inquiries or City Council questions. Any and all reports specified, modified, special, etc. will be provided to the City at no additional charge to the City.

The Awarded Proposer shall describe the capability to generate specialized and customized reports on collection activity that captures information as requested by the City such as activity by assignment dates, by specific identified accounts, by accounts queued or assigned to collectors, and by specific type of activity.

The Awarded Proposer is required to maintain complete documentation of all collection activity on each account for a specified time period determined by the City. The Awarded Proposer shall also describe the retention plan and the capability to access account activity on-line or in archival status for that specified time period. The required documentation shall include, but not be limited to:

· Account number;

· Name and current address / phone number;

· Date assigned;

· Date and type of collection letters / notices mailed;

· Date and detail of phone conversations;

· Returned mail from collection letters sent;

· Last date contacted.

B. Complaint Procedure and Reporting

The Awarded Proposer shall describe a system for receiving, monitoring, and responding to all complaints concerning the Awarded Proposer's performance. The Awarded Proposer shall:

· Respond to the customer within three (3) business days and identify any necessary corrective action.

· Notify the City of the incidents and resolutions on a monthly basis.

VI. Warranty The Awarded Proposer shall warrant that the collection program will perform as specified herein during the term of the Contract. The Awarded Proposer shall be responsible for the correction, prior to signing, of any errors or omissions within the scope of the Contract.

In the event of any interruption of service or failure by the Awarded Proposer's personnel to perform services as herein agreed, Awarded Proposer agrees to make a good faith effort to immediately restore or reasonably provide such services to the City during the term of the Contract.

The Awarded Proposer agrees to operate a complete collection program as specified herein and warrants that the program and all enhancements thereto shall perform in accordance with the specifications and requirements detailed herein for the term of the Contract.

VII. Communication It is essential that the awarded Contractor respond clearly after receiving a telephone call or email from the City. Written correspondence from the City of Dallas shall be answered within twenty-four (24) hours. The awarded Contractor shall respond to phone calls and emails from the City within four (4) hours of receipt.

VIII. Commencement Date The contract award is subject to approval by the Dallas City Council. The City of Dallas will require the contractor to sign the necessary contract documents prepared by the City Attorney Office prior to going to council. The proposed master agreement will become effective upon City Council approval and contract execution.

IX. Award Method The City’s intent is to award this solicitation in its entirety, but the City reserves the right to award in the method that is most advantageous to the City.

The City reserves the sole discretion to determine whether a solicitation response is responsive. City reserves the right to reject any or all bids and to waive minor irregularities or discrepancies in any solicitation response as may be in the best interest of City. Late bids will not be considered for award.

X. Price Value to the City The City is interested in all proposals that will maximize the value received by the City, including, but not limited to:

· Proposals where collection firms provide guarantees on the percentage of

· collection receivables that will be disposed of monthly/yearly.

· A guaranteed percentage the portfolio be reduced by yearly.

· A flat rate amount based on the value of the portfolio.

· A flat rate amount based on the collector's opportunity to be awarded the contract.

· Annual minimum guarantees.

· Any combination of the above.

XI. Location and Invoicing The City shall pay invoices in 30 days. In order for the City to pay invoices in 30 days, the vendor’s invoice must be correct, and reflect the work or goods delivered to the City. The 30 days begin when the City has received a correct invoice reflecting the work or goods delivered. If the City receives an invoice that is not correct and/or reflective of work or goods that have been delivered, the City will request a corrected invoice, and the 30-day period will begin once the correct invoice has been received. All work described in the vendor invoice must have been delivered in compliance with the terms of the contract.

Invoices shall be submitted monthly to the City for payment, unless both parties agree to alternative arrangement based on project milestones. Each invoice submitted for payment shall include, at a minimum, the following information:

· Name and address of the department for which services were provided

· Contact information of City staff who placed order (name, phone number, department)

· Date of order or Service

· Detailed description of each service

· Price goods or services (charges for all services covered by this contract are to be separately stated and explained

· Total cost of goods/services Submitting invoices without the above information may cause delays in payment processing. Incorrect invoices or invoices sent to the wrong address will delay payment. Vendors who fail to follow this procedure risk having the contract with the City cancelled.

Overpayments

The Awarded Proposer will not be compensated for any amount exceeding the total amount placed with the agency.

XII. Ownership of Information All information acquired by the Awarded Proposer from the City or from others, at the expense of the City and in the performance of the Contract, shall be and remains the property of the City.

The Awarded Proposer agrees that it will use this information only as required in the performance of the Contract, and will not, before, during, or after the completion of the Contract, use, copy, or reproduce the information in any form, except pursuant to the sole written instructions of the City.

The Awarded Proposer further agrees to promptly return/dispose of the information at the request of the City in a format/manner to be determined by the City. The Awarded Proposer agrees that any employees assigned to the City accounts or have access to City accounts shall not use this information or reproduce it in any form, except for the sole purpose of collection and remittance to the City, under the City's direction.

If the Awarded Proposer ceases business operations or discontinues its collection efforts for the City, the City shall be entitled to all documentation relating to City accounts processed and maintained by the Awarded Proposer.

XIII. Evaluation Criterion The evaluation criterion is relatively standard, consult with the buyer if changes are required to be made to this section.

1. Experience – 35 points: Briefly describe your firm’s experience with similar projects in the last 5 years. Provide documentation showing successful collecting delinquent accounts in environments comparable in size, complexity and demographics. Provide documentation of inspections.

2. Approach – 30 points: Briefly describe your firm’s approach to this project. You may provide your firm’s general approach to projects of this nature; however, the approach should specifically address issues, concerns, methodology, etc. that may be important on this project and indicate your firm’s suitability for the project. Also briefly describe your firm’s history of meeting schedule deadlines on similar projects during the past 5 years.

3. Cost and Timeframe – 30 points:

Proposals where collection firms provide guarantees on the percentage of collection receivables that will be disposed of monthly/yearly.

· A guaranteed percentage the portfolio be reduced by yearly.

· A flat rate amount based on the value of the portfolio.

· A flat rate amount based on the collector's opportunity to be awarded the contract.

· Annual minimum guarantees.

· Any combination of the above.

All value proposals are welcome; however, proposals which are able to demonstrate the best revenue value to the City and a verifiable commitment to the reduction of the portfolio and are innovative and self-incentivizing will be scored favorably.

4. Local Preference Program- 5 points

A. The City of Dallas aims to maximize economic return in the procurement of goods and service with the Local Preference Program. The City’s Local Preference Program values the participation of companies who have their principal place of business in the City of Dallas and who hire City of Dallas residents. 5 points will be awarded to those Suppliers that qualify for the local Preference points on a pass/fail basis.

B. The information shall be submitted in the proposal. In order to receive the points a supplier must satisfy one of the following:

· Proof of principal place of business located in the City of Dallas; OR

· Proof of local workforce composition including:

· At least 100 full time employees who are Dallas residents; OR

· At least 20% of its total full-time employees who are Dallas residents; OR

· If available, participation in Workforce Development Program

XIV. Documents Submitted with Proposal or upon Request

1. Business Information Form (OPS-02)

2. Conflict of Interest Policy and Questionnaire (OPS-06, State Form CIQ)

3. Statement of Insurability (OPS-04)

4. Living Wage Affidavit (OPS-3)

5. Local Preference Affidavit (OPS-31)

6. OPS-FRM-640-Team Make-Up and Local Workforce Form

7. Sample Contract with markups

8. Any other City documents as required

XV. Opening of Proposals

All proposals shall be in the office of the Office of Procurement Services Department no later than the proposal due date and time shown on the RFCSP Signature Page.

Proposals will be opened by the City at 2:00 p.m. the day following the due date to avoid disclosure of contents to competing proposers. Proposer names will be publicly read. It is the responsibility of the proposer to clearly mark and identify all portions of the proposal, which, in the proposer’s opinion, contain trade secrets, confidential information and other proprietary information. All proposals are subject to the Texas Open Records Act process.

XVI. Review of Proposals

1. The City will review and evaluate the proposals submitted to determine if submitted proposals demonstrate the required experience and qualifications to fulfill the obligations of the services identified in this RFCSP. Vendor Presentations are anticipated to take place upon close of the solicitation. Proposers will be notified by the buyer as to the location and times of presentations.

2. The City may conduct all necessary inquiries or investigations, including but not limited to, contacting references to verify the statements, documents, and information submitted in connection with the Proposal. The City may also seek clarification from the referenced Proposers about any financial and experience issues.

3. Please be aware that the City of Dallas may use sources of information not supplied by the proposer concerning the abilities to perform this work. Such sources may include current or past customers of the organization; current or past suppliers; articles from industry newsletters or other publications or from non-published sources made available to the City of Dallas.

XVII. Proposal Pricing

1. Proposed pricing shall be firm for the entire contract. The Contract shall commence on the date of award by the Dallas City Council and upon the execution of the Contract.

2. Costs not included or calculated in the applicable unit prices as proposed will not be paid by the City, regardless of the intentions of the proposer when the proposal was submitted and regardless that those costs were actually incurred.

XVIII. Insurance Requirements For the duration of the contract, the successful proposer(s) will provide a certificate of insurance evidencing proof of General Liability, Automobile Liability, Professional Liability and Workers’ Compensation/Employers Liability insurance coverage. The City of Dallas will be provided a Waiver of Subrogation waving Rights of Recovery against the City on the Workers’ Compensation policy. The City will be shown as the certificate holder.

XIX. Discussion with Reasonably Qualified Proposals

1. The City reserves the right to engage in discussions or conduct interviews, either oral or written, with the proposers determined by the evaluation criteria to be reasonably viable to being selected for award. If discussions or interviews are held, the buyer may request best and final offers. The request for best and final offers may include:

· Notice that this is the opportunity to submit written best and final offers

· Notice of the date and time for submission of the best and final offer

· Notice that if any modification is submitted, it shall be received by the date and time specified or it will not be considered

· Notice of any changes in the Proposal requirements

2. Following evaluation of the best and final offers, purchasing may select for negotiations the offer that is most advantageous to the City, considering price or cost and the evaluation factors in the RFCSP.

3. After the most advantageous proposer(s) has been identified, Contract negotiations may commence. If at any time Contract negotiation activities are judged to be ineffective, Office of Procurement Services will cease all activities with the proposer and begin Contract negotiations with the next highest ranked proposer. This process may continue until either both the proposer and Office of Procurement Services executes a completed Contract or Office of Procurement Services determines that no acceptable alternative proposal exists.

4. The City reserves the right to reject any or all proposals received or to award, without discussions or clarifications, a Contract based on initial proposals received. Therefore, each proposal should contain the Proposer’s best terms from a price and technical standpoint. Also, only proposers submitting a proposal will be notified of any communications after the RFCSP closing.

XX. Rejection or Acceptance of Proposals

1. This RFCSP does not commit the City to award any Contract. The City reserves the right to reject any or all proposals, to waive technicalities or irregularities, and to accept any proposal it deems to be in the best interest of the City. The City shall not be liable for any costs incurred by any company responding to this RFCSP.

2. The City will require the recommended proposer to sign the necessary Contract documents prepared by the City Attorney's Office. A sample Contract is included as an attachment. Proposer must take exception to any term of the Contract to which it will not agree in its proposal.

XXI. Late and Withdrawn Proposals

Proposals are required to be submitted electronically at using the City procurement website https://dallascityhall.bonfirehub.com/login. The system will not accept submittals after the due date and time and hard copy submittals are not permissible.

XXII. Confidentiality Any information deemed confidential, shall be clearly noted as such on each page of the solicitation response. City cannot guarantee it will not be compelled to disclose all or part of any public record under the Texas Open Record Act. Proposals will be opened by the City to avoid disclosure of contents to competing Respondents and kept secret and confidential during the solicitation process and prior to award. Respondents who include information in a proposal that is legally protected as trade secret or confidential shall clearly indicate the information which constitutes a trade secret or confidential information by marking that part of the proposal “trade secret” or “confidential” at the appropriate place. If a request is made under the Texas Open Records Act to inspect information designated as trade secret or confidential in a proposal, the Proposer shall, upon request, immediately furnish sufficient written reasons and information as to why the information designated as a trade secret or confidential should be protected from disclosure, for the City Attorney to present the matter to the Attorney General of Texas for final determination.

XXIII. Disqualification of Proposers Proposers may be disqualified for, but not limited to, the following reasons:

· Reason to believe collusion exists among the proposers

· The proposer is involved in any litigation against the City of Dallas

· The proposer is in arrears on an existing contract or has failed to perform on a previous contract with the City of Dallas

XXIV. Permits Required by Law

Contractor shall comply with all requirements of federal, state, and local statutory requirements and regulations pertinent to or affecting any phase of this contract.

XXV. Management Review and Audit

City’s authorized representatives shall have the right to enter the Awarded Proposer’s premises and have access to files, reports, and records pertaining to Awarded Proposer’s City collections activity. This access shall be during regular business hours and for the purpose of inspection, monitoring, or evaluation of the records being maintained and the performance of the Awarded Proposer.

XXVI. Records and Audit

The Contractor shall keep accurate records of all components of invoices to the City, including but not limited to times and payroll receipts for hourly personnel utilized by this Contract. These records shall be retained for a minimum of two years after the conclusion of the Contract. The City reserves the right to audit any records it deems necessary for the execution of this Contract.

XXVII. Assignment of Contract

The Contractor shall not assign, transfer, sublet, convey or otherwise dispose of the Contract of any part therein or its right, title or interest therein or its power to execute the same to any other persons, firm, partnership, company or corporation without the prior written consent of the City. Should the Contractor assign, transfer, sublet, convey or otherwise dispose of its right, title or interest or any part thereof in violation of this section, the City may, at its discretion, cancel the Contract and all rights, title and interest of the Contractor shall therein cease and terminate, and the Contractor shall be declared in default.

XXVIII. Default by Contractor

The following events shall be deemed to be events of default by Contractor under the Contract:

· Contractor shall become insolvent, or shall make a transfer in fraud of creditors, or shall make an assignment for the benefit of creditors;

· Contractor attempts to assign the Contract without the prior written consent of the City;

· Contractor shall fail to perform, keep or observe any term, provision or covenant of the Contract; or

· Contractor fails to properly and timely pay Contractor personnel, suppliers or other contractors and the failure impacts the City or its Facility in any manner.

In the event a default occurs, the Director shall give the Contractor written notice of the default. If the default is not corrected to the satisfaction and approval of the Director within the time specified in such notice, the City may immediately cancel the Contract. At the direction of the Director, the Contractor shall vacate the facility, if applicable, and shall have no right to further operate under the Contract.

The Contractor, in accepting the Contract, agrees that the City shall not be liable to prosecution for damages or lost anticipated profits if the City cancels or terminates the Contract.

No Waiver: No waiver by the City of any default or breach of any covenant, condition, or stipulation shall be treated as a waiver of any subsequent default or breach of the same or any other covenant, condition, or stipulation.

XXIX. Termination

The City may terminate this agreement in whole or in part by giving thirty days written notice thereof to Contractor. The City will compensate Contractor in accordance with the terms of the agreement for all goods and services delivered and accepted prior to the effective date of such termination notice.

XXX. Miscellaneous

1. After executing the Contract, no consideration will be given to any claim of misunderstanding.

2. Proposers shall submit with the Proposal, the required Contractor’s qualification statement with supporting information as stated herein along with all other supporting documentation requested.

3. Proposers shall thoroughly familiarize themselves with the provisions of these Specifications and the Facilities.

4. The City reserves the right to reject all Proposals and to waive any minor irregularities.

5. A Proposal may be disqualified if the corporation or individual Proposer is in…