REQUEST FOR PROPOSAL (RFP #3-22) FOR COLLECTION AGENCY SERVICES Issued by: City Treasurer’s Office City of Cheyenne, Wyoming Proposal Statements due: 3:00 P.M. (MDT) TUESDAY, SEPTEMBER 28, 2021 at: City of Cheyenne Purchasing Division, Attn: TJ Barttelbort 2101 O'Neil Avenue, Rm. 309 Cheyenne, WY 82001 (307) 773-1045 City of Cheyenne / Request for Proposal #3-22 Page 1 of 14 REQUEST FOR PROPOSAL (RFP 3-22) COLLECTION AGENCY SERVICES The City of Cheyenne (“City”) is currently seeking proposals for the following work as specified: The City is requesting proposals from qualified organizations (“Proposer”) to provide collection services for unpaid and delinquent receivables. The successful Proposer will be required to enter into an agreement, which includes the requirements of this Request for Proposal (“RFP”) scope of work. Prior to submitting a proposal, Proposers are advised to carefully read the instructions contained within this RFP document and any attachments/exhibits to ensure they fully understand the requirements of the request. City of Cheyenne / Request for Proposal #3-22 Page 2 of 14 I. BACKGROUND The City of Cheyenne operates under the Mayor-Council form of government with an annual General Fund budget of over $53 million and a total budget of over $100 million for fiscal year 2022. The City of Cheyenne was incorporated in 1867 and is the capitol city of Wyoming. It has an estimated population of 65,132 per the 2020 Census Report, has a land area of 32.37 square miles square miles, and is located in the southeast corner of the state in Laramie County. The City is a “full service city” providing a wide range of services, which include: police and fire protection; emergency medical services; building safety regulation and inspection; land use planning and zoning; housing and community development; maintenance and improvement of streets and related structures; traffic safety maintenance and improvement; and full range of recreational and cultural programs. The successful Proposer shall have experience in providing similar types of services to governmental agencies. All Proposers responding to this RFP will be evaluated on the basis of their expertise, prior experience on similar projects, understanding of services, demonstrated competence, ability to meet the requested services, adequate staffing, reference check, cost and responsiveness to the needs and concerns of the City of Cheyenne. II. SCOPE OF SERVICES The City of Cheyenne intends to obtain the services of a full-service collection agency (“Agency”) to provide collection services on unpaid and delinquent accounts receivable, including, but may not be limited to: • Returned checks, • False alarm charges, • Civil citation due to a code violation, • Recreation activities, • Sanitation services, • Nuisance charges, • Parking fee charges, • Miscellaneous charges for services Requirements: The exact range and extent of services is subject to negotiation, but at a minimum must include professional services and dedicated personnel to perform the following scope of services: 1. Agency shall provide collection services for debts owed to the City from delinquent billings. City of Cheyenne / Request for Proposal #3-22 Page 3 of 14 2. Agency shall designate a manager for the City’s account who will be the City’s primary contact with Agency. 3. City shall submit delinquent accounts for collection in the format preferred by the Agency. Agency shall provide acknowledgement within 10 days of account placement via the same method that the account was submitted. 4. City shall provide documentation to the Agency for each account, including name, any available customer information, last known address, account number, and balance due. 5. Agency shall make a minimum of two written or telephone contacts for each account (unless the account clears sooner) within forty-five (45) days of receipt of account. 6. Agency shall discuss their recommended use of skip tracing on delinquent accounts. Agency to provide specific tools used to conduct skip tracing. 7. Agency should indicate whether the City will have access to the Agency’s database in order to determine the progress of the collection efforts. 8. Agency shall maintain complete records of each account referred by the City, including all correspondence, documents, account records, transactions and a detailed log of all collection efforts of actions. These records shall be retained for a minimum of three years after termination of collection actions on each account. 9. Agency shall provide to the City a monthly report on the status of each account including; account number, customer name, the amount received, the charges waived, the balance due and date of last payment, and the actions taken on the account. Agency should immediately advise the City of any account that is paid in full or deemed uncollectible. If an account is deemed uncollectible, information regarding this determination must be provided to the City. 10. Agency shall provide to the City quarterly financial summary reports including totals for receipts, net accounts receivable, total accounts receivable and collection percentage. 11. Agency shall provide to the City an annual financial summary report as of June 30 (the City’s fiscal year end) including totals for receipts, net accounts receivable, total accounts receivable and collection percentage. This report should be submitted to the City no later than July 30th of each year. 12. At any time, all records of the Agency pertaining to the City shall be subject to inspection, review, or audit by City, state or federal officials, during the contract period and for six years after the termination of the contract. City of Cheyenne / Request for Proposal #3-22 Page 4 of 14 13. Agency shall guarantee the confidentiality, security and safety of all files, documents and information provided by the City, except as to disclosure required by federal and state laws and regulations. 14. Agency will exercise its best ethical, prudent, lawful and professional efforts to secure collections on all accounts referred by the City. Collections activities shall comply with all federal, state and local laws, including but not limited to the Federal Fair Debt Collection Practices Act. 15. Agency will process all customer payments in accordance with applicable Payment Card Industry (PCI) security requirements. 16. Agency shall be HIPPA (Health Insurance and Portability and Accountability Act of 1996) compliant and maintain compliance throughout the term of the contract. 17. In accordance with the Fair and Accurate Credit Transaction (FACT) Act, the vendor must have an identity theft prevention program in place. 18. Agency shall report all uncollectible accounts to the major credit bureaus. Reporting must be done in accordance with all federal, state and local laws, including but not limited to, the Fair Debt Collections Practices Act, the Federal Equal Credit Opportunity Act, and the Consumer Credit Protection Act. Agency shall not report accounts to the credit bureaus until the Agency has worked the account for 45 days. At the request of the City, the Agency shall remove an account notification from all the affected bureaus and provide a copy of that notification to the City. 19. Agency shall not assign or subcontract any portion of the agreement or transfer or assign any claim, pursuant to this contract, without the written consent of the City. 20. Agency shall make contacts with delinquent accounts under the name of the Agency and not the City of Cheyenne. 21. Agency shall instruct consumers to submit payments to the Agency and not to the City of Cheyenne. The Agency shall be notified of any payments made to the City of Cheyenne for accounts under collection with the Agency. 22. Agency shall collect and deposit payments from customers and on no less than a monthly basis submit payment to the City for all monies collected, less collection fees, along with a report including the account name and number, amount collected, and collection fees. 23. Any compromise settlement of principal or charges shall be agreed upon in writing between the Agency and the City prior to acceptance. City of Cheyenne / Request for Proposal #3-22 Page 5 of 14 24. Agency may allow for time payment agreements (payment plans) and may enter into time payment agreements with consumers with prior consent of the City. 25. No legal actions shall be taken by the Agency without express written consent of the City. 26. The City would like to improve upon the collection rate while reducing costs incurred to the City. We are looking for a vendor who is able to provide a fee structure wherein the collection fees and interest are collected directly from the debtor rather than paid by the City as a percentage rate of the amount collected. 27. The City may withdraw any accounts without any charge or penalty. 28. The City reserves the right to terminate the contract at any time by providing (30) thirty days written notice for convenience or cause. 29. In the event of contract termination or the bankruptcy/dissolution of the Agency, all accounts and documentation relating to City accounts shall be returned to the City, regardless of status or payment arrangements made with consumers. 30. Agency shall meet with City staff upon execution of contract to discuss all the goals of the relationship, the services to be provided and other topics relevant to performing collections on behalf of the City. Furthermore, Agency shall meet with City staff on an annual basis (or as-needed if issues arise) to discuss all services and how the Agency and City can work together to further reduce debt owed. The City will provide overall guidance on the conduct of collection services, as it reflects upon the City’s policies and reputation. Agency will also provide updates to the City on changes in federal and state laws related to credit and collections. 31. The selected Agency shall be fully responsible for maintaining accurate records of all correspondence, working papers, and other related evidence. The records shall be made available to the City as requested. City of Cheyenne / Request for Proposal #3-22 Page 6 of 14 III. ANTICIPATED TIMELINE TENTATIVE SELECTION SCHEDULE – subject to change August 25 and September 1, 2021 Legal Advertisement September 8, 2021 Deadline for Questions to be submitted September 15, 2021 Addendum Response Deadline September 28, 2021 Proposals due from Firms October 11-22, 2021 Review Committee reviews proposals, and selects Firms for interviews (If necessary) October 26, 2021 Interviews are held, and review committee completes final selection October 27-29, 2021 Professional Services successful Firm November 3, 2021 Agenda Submission Deadline November 8, 2021 Agreement placed on City Council for Referral November 15, 2021 Agreement at Finance Committee November 22, 2021 Agreement City Council approved/disapproved. November 29, 2021 Notice-to-proceed issued by City if Agreement approved Agreement City of Cheyenne / Request for Proposal #3-22 Page 7 of 14 finalized Meeting: with Agreement IV. PROPOSAL REQUIREMENTS To be considered, proposals must be received by the City at the following location before 3:00 p.m. MST on TUESDAY, SEPTEMBER 28, 2021: City of Cheyenne Purchasing Office 2101 O’Neil Avenue, Room 309 Cheyenne, Wyoming 82001 Attn: TJ Barttelbort Any proposal received after that time shall not be considered and shall be returned unopened to the Proposer. Email or fax submittals shall not be considered. V. PROPOSAL SUBMISSION FORMAT Proposers shall submit their proposals on the date and time specified in this RFP, sealed in clearly marked envelopes as follows: Submit one (1) original copy, one (1) electronic copy in PDF format via USB Flash Drive (Please merge all documents relating to your proposal, and all related documents, into one single PDF document. The PDF document shall replicate the hard copy submittal exactly), and submit five (5) additional copies in a sealed envelope and clearly marked with the following information: (a) the phrase “COLLECTION AGENCY SERVICES”; (b) the date and time specified for receipt of proposals; and (c) the name and address of the Proposer. City of Cheyenne / Request for Proposal #3-22 Page 8 of 14 VI. ADDENDA Any and all Proposers may make inquiries in writing to City at any time prior to NOON ON WEDNESDAY, SEPTEMBER 8, 2021. Any written question of a Proposer regarding the meaning or interpretation of the RFP, work scope, specifications, etc., must be submitted to the City prior to the above specified date. The City shall make reasonable efforts to ensure that clarifications given to any prospective Proposer shall be similarly furnished to all prospective Proposers in summary form as an addendum to this RFP if the lack of such information could reasonably be considered prejudicial towards uninformed Proposers. No technical assistance shall be given by the City to any Proposer in preparation of its proposal. The City intends to respond to all questions and inquires no later than, WEDNESDAY, SEPTEMBER 15, 2021 AT 5:00 P.M. Written inquiries shall be directed to: TJ Barttelbort, Purchasing Manager City of Cheyenne 2101 O’ Neil Ave., Rm. 309 Cheyenne Wyoming 82001 Phone # 307-773-1045 E-mail: tbarttelbort@cheyennecity.org Any or all changes, additions, or clarifications in connection with this RFP shall be issued by the City in the form of written addenda. Oral comments, responses and/or representations shall not be binding upon the City. If any Addenda are issued, each Proposer must sign the “Acknowledgment of Receipt of RFP Addenda” form which will be included with any Addenda and submit the executed form with its proposal or acknowledge the issued Addenda within the Proposal submission. THE CITY WILL CONSIDER AS INCOMPLETE ANY PROPOSAL IN WHICH ALL ADDENDA ARE NOT ACKNOWLEDGED, AND THIS WILL BE A BASIS FOR PROPOSAL REJECTION. City of Cheyenne / Request for Proposal #3-22 Page 9 of 14 VII. FORMAT OF PROPOSAL The proposal must include the following components: • Method of Approach: Provide a detailed description of the approach and methodology that will be used to fulfill each requirement listed in the Scope of Work of this RFP. The section should include: 1. An implementation plan that describes in detail (i) the methods, including controls by which your firm manages projects of the type sought by this RFP; (ii) methodology for soliciting and documenting views of internal and external stakeholders; (iii) and any other project management or implementation strategies or techniques that the respondent intends to employ in carrying out the work. 2. Detailed description of efforts your firm will undertake to achieve client satisfaction and to satisfy the requirements of the "Scope of Work" section. 3. Detailed project schedule, identifying all tasks and deliverables to be performed, durations for each task, and overall time of completion. 4. Detailed description of specific tasks you will require from City staff. Explain what the respective roles of City staff and your staff would be to complete the tasks specified in the Scope of Work. 5. Proposers are encouraged to provide additional innovative and/or creative approaches for providing the service that will maximize efficient, safe, and cost-effective operations or increased performance capabilities. • Qualifications & Experience: Describe the qualifications and experience of the organization or entity performing services/projects within the past eight years that are similar in size and scope to demonstrate competence to perform these services. Information shall include: 1. If the owner is a corporation please provide: Name of corporation, corporate office street address, city, state, and zip code, state where incorporated, date of incorporation, first and last name of officers, local office address, city, state & zip, and the date local office opened its doors for business. 2. If the owner is a partnership or joint venture, please provide: Name of partnership or joint venture, principal office street address, city, state, and zip code, state of organization, date of organization, first and last name of general partner(s), local office address, city, state, and zip code, and date local office opened its doors for. 3. List all businesses owned or controlled by yourself (applicant) or business manager doing similar business in California under another name. List business name and address and specify who owns or controls the business (e.g., self, business manager, etc.). 4. List all businesses for which you or your business manager is or was an officer, director, or partner doing similar business in California under another name. List business name and City of Cheyenne / Request for Proposal #3-22 Page 10 of 14 address, title, date(s) in position; specify who was in position (e.g., self, business manager, etc.). 5. How many years have you been in business under your present business name? 6. Provide a list of current and previous contracts similar to the requirements for the City of Cheyenne, including all public agencies served (if any). For each, provide a brief description of the scope of work performed, the length of time you have been providing services, and the name, title, and telephone number of the person who may be contacted regarding your organization’s service record. 7. Submit a description of the organization’s qualifications, experience and abilities that make it uniquely capable to provide the services specified in the Scope of Work. 8. Any entity which submits a Proposal should describe in detail how it currently performs services like those identified in the Scope of Work within its or other jurisdictions, including photographs, written policies and/or video of services provided. • Financial Capacity: Provide the Proposer's latest audited financial statement or other pertinent information such as internal unaudited financial statements and financial references to allow the City to reasonably formulate a determination about the financial capacity of the Proposer. Describe any administrative proceedings, claims, lawsuits, or other exposures pending against the Proposer. • Staffing: It is essential that the Proposer provide adequate experienced personnel, capable of and devoted to the successful accomplishment of work to be performed under this contract. The Proposer must agree to assign specific individuals to the key positions. 1. Identify the members of the staff who would be assigned to act for Proposer’s firm in key management and filed positions providing the services described in the Proposal, and the functions to be performed by each. 2. Include resumes or curriculum vitae of each such staff member, including name, position, telephone number, email address, education, and years and type of experience. Describe for each such person, the relevant transactions on which they have worked. City of Cheyenne / Request for Proposal #3-22 Page 11 of 14 • Cost Proposal: This section shall clearly identify all fees related to the performance of collection services by the Proposer. If any portion of the work is to be done on a time basis, the proposal submitted should specify hourly fees to be charged and a fee cap. Proposals shall be valid for a minimum of 180 days following submission. • References: Provide a list of at least five municipalities where the same/similar services, as stated herein, have been provided. City of Cheyenne / Request for Proposal #3-22 Page 12 of 14 VIII. SELECTION CRITERIA A selection committee, which may include members of the City's staff and possibly one or more outside experts, will screen and review all Proposals according to the weighted criteria set forth below: PROJECT: Collection Agency Services CRITERIA DESCRIPTION WEIGHT 10 Cost Proposal Proposer clearly identifies all fees related to the performance of collection services, including hourly fees and fee cap, as applicable. Proposer provides a detailed description of the approach and methodology that will be used to fulfill each Scope of Work requirement. 9 Method of Approach Qualifications of Agency’s Experience Proposer demonstrates the qualifications and experience required to perform the services requested. 8 7 Financial Capacity Proposer provides financial documentation as required, demonstrating their financial capacity to perform the services requested. Qualifications of Key Personnel’s Experience Proposer identifies key personnel qualifications required to successfully fulfill the requirements of the RFP Scope of Work. 7 References Proposer provides adequate documentation as required. 5 reference SCORE (0 - 10) TOTAL Total The selection committee may require selected advisors to attend an interview process with members of the selection committee. The City of Cheyenne reserves the right to enter into Collection Agency Services contracts with one or more firms, reject any and all proposals, with or without cause, to waive any informalities or irregularities not involving price in any proposals received, to re-advertise for proposals, or take any other such actions and/or award contracts pursuant to this RFP that may be deemed to be in the best interest of the City of Cheyenne. The City of Cheyenne shall be the sole judge of the submittal that is in its best interest, and its decision shall be final. The City of Cheyenne also reserves the right and sole discretion to reject any response or proposal at any time on grounds that include, without limitation, either that a response is non-responsive to the RFP or is incomplete or City of Cheyenne / Request for Proposal #3-22 Page 13 of 14 irregular in any way, or that a solicitation response is not in the City of Cheyenne’s best interest. The City of Cheyenne also reserves the right to consider and rely upon factors other than pricing in its selection process. All proposals received will be considered public information by the City of Cheyenne. Proposers are advised that any information considered by them to be trade secret, privileged or confidential data should not be revealed in the proposal. Contents of proposals received will be made available to anyone requesting them after the selection process has been completed and the contract has been awarded. The City of Cheyenne assumes no liability for the use or disclosure of technical or cost data submitted by any responding advisor. IX. AWARD OF CONTRACT The initial term of the contract will be for a 4-year period, with 2 possible one-year extensions beyond that period. The selected Agency shall be required to sign a professional services agreement in the form provided by the City of Cheyenne, which will incorporate this RFP and the proposal submitted by that advisor and agree to the terms and conditions therein. Any violation of professional services agreement provisions by the advisor will be cause for immediate termination. City of Cheyenne / Request for Proposal #3-22 Page 14 of 14