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HomeMy WebLinkAbout25H - AGMT - COLLECTION SRVSREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: JULY 16, 2019 TITLE: APPROVE AGREEMENT WITH AMERICAN CAPITAL ENTERPRISES, INC. AND SECOND AMENDMENT WITH PENNCREDIT FOR COLLECTION AGENCY SERVICES (STRATEGIC PLAN NO. 4, 1) RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended ❑ As Amended ❑ Ordinance on ls' Reading ❑ Ordinance on 2"d Reading ❑ Implementing Resolution ❑ Set Public Hearing For CONTINUED TO FILE NUMBER 1) Authorize the City Manager and Clerk of the Council to execute an agreement with American Capital Enterprises, Inc. for a for a five-year period effective July 1, 2019 through June 30, 2024, for referral of delinquencies beginning July 1, 2019, subject to non -substantive changes approved by the City Manager and City Attorney. 2) Authorize the City Manager and Clerk of the Council to execute a second amendment to the agreement with PennCredit for a two-year period effective July 1, 2019 through June 30, 2021, for referral of existing delinquent accounts placed prior to June 30, 2019, subject to non - substantive changes approved by the City Manager and City Attorney. DISCUSSION The Treasury & Customer Service Division of the Finance and Management Services Agency (Treasury) is responsible for assuring the collection of all monies due to the City. Treasury has an in-house collection program, to which delinquent account referrals from all agencies of the City are received, including but not limited to: Municipal Utility Services, Dog Licensing, Business Licensing, and Miscellaneous Accounts Receivable. In addition, the City contracts outside billing and collection services for paramedic services and parking ticket collection services. When the City's in-house and third party collection programs are unable to satisfy debts owed to the City, those debts may be transferred to an outside collection agency for continued collection services. Furthermore, the referral of delinquent accounts to third -party collection agencies is an efficient method in managing debts owed to the City. Previous agreements with American Capital Enterprises, Inc. ("ACE") and Penn Credit Corporation (`PennCredit') expired on June 30, 2019. 25H-1 Agreements for Collection Agency Services July 16, 2019 Page 2 Accounts Receivable Process The current City process provides for the issuance of a minimum of three City issued collection letters. The letters are sent to individuals and companies who fail to pay monies owed to the City. Collection letters inform individuals and companies of the outstanding debt and may provide alternatives for payment. The City strives to ensure that a resident or business is provided an opportunity to make a payment prior to sending their account to collections for further efforts. Often times this may include a payment plan. If a customer fails to respond or does not adhere to a mutually agreed upon payment schedule, the matter is assigned to a third party collection agency. The Federal Fair Credit Reporting Act (FCRA) sets guidelines for one of the primary methods the City's outside collection agency employ, which includes reporting outstanding debt to credit reporting agencies. Effective September 2016, there are two types of debt categories under the Federal Fair Credit Reporting Act (FCRA): 1) "Permissible Debt" such as, unpaid utility billings, unpaid paramedic billings, and any unpaid sums relating to City services which were electively sought or contracted for from the City; and 2) "Prohibited Debt" such as, taxes, licensing and permit fees, parking citations, towing & impound fees/costs, administrative code violations, and damage to City property. Permissible debts may continue to be reported to credit reporting agencies; prohibited debt may not. RFP Process On March 29, 2019, a notice inviting bids was advertised on the City's online bid management and publication system as Request for Proposals #19-024: Collection Agency Services. A summary of the solicitations and the proposals received is as follows: 250 Vendors were electronically notified 38 Vendors downloaded the Request for Proposals packet 12 Proposal Responses received 0 Proposal Responses received from City of Santa Ana Vendors A committee comprised of four City staff members reviewed and evaluated the proposals received based on the following criteria: • Thoroughness and understanding of the tasks to be performed • Background and experience in organizational analysis evaluation • Firm's expertise and overall experience of personnel assigned to the work • Time required accomplishing the requested services • Responsiveness to requirements of the project • Public sector experience in a municipal setting, conducting similar services • Cost to the City 25H-2 Agreements for Collection Agency Services July 16, 2019 Page 3 Of the 12 responsive bids received, the top six rated vendors were invited to a teleconference interview for an opportunity to clarify and showcase their reporting and collection capabilities. The teleconference interviews concluded on June 21, 2019, resulting in the final rankings below: Vendor Points (100 max.) 1. American Capital Enterprises, Inc. ("ACE") 95 2. Professional Credit 93 3. Rash Curtis & Associates 86 4. IC Collection Services 83 5. Sequoia Financial Services 81 6. States Recovery Systems, Inc. 78 American Capital Enterprises, Inc. (ACE) was the most responsive to the evaluation criteria requirements and the highest ranking proposal. Subsequent to ranking ACE's proposal highest, City staff negotiated reductions in several of the recovery fee rates for ACE's services which are now as follows: Proposed Recovery Final Negotiated Collection Services Rates Recovery Rates First Placement Accounts 19% Contingency 17% Contingency Legal Action Accounts 40% Contingency 30% Contingency Early Out Programs (Accounts Assigned to collection 12% Contingency 12% Contingency within 120 days of billing) Process in referring Delinquent accounts to a Third -Party Debt collection industry standards refer to First placement accounts as debt initially placed with a collection agency and managed by accounts receivable personnel. The City will be in receipt of 83% of revenue collected by ACE (100%, less 17% contingency). Legal Action accounts refer to accounts handled by an attorney. Due to the nature and complexity in handling these accounts, the City will be in receipt of 70% of revenue collected by ACE (100%, less 30% contingency). Early out Programs refers to accounts referred by the City to ACE, within one -hundred twenty days (120) days of billing. Due to the nature and attempts by staff to provide customers of the City alternative payment methods, utilization of this service may be intermittent. However, if the City chooses to utilize this service it will be in receipt of 88% of revenue collected by ACE (100% - 12% contingency). Staff recommends approval and authorization to award a five (5) year agreement with ACE for all collection accounts receivables initially placed for collection be -ginning July 1, 2019. Specifically, delinquent accounts will be referred to ACE only and not to any other third -party collection agency. 25H-3 Agreements for Collection Agency Services July 16, 2019 Page 4 Existing Delinquent Accounts (prior to June 30, 2019) To continue effectively collecting on existing outstanding debt balances, staff recommends approval and authorization to award a two (2) year agreement with PennCredit for prior placement collection agency services for all current delinquent accounts assigned to PennCredit prior to June 30, 2019. This recommendation is based on PennCredit's expert knowledge regarding the nature and collection status of these previously placed debts. In addition, the City will receive approximately 10% more revenue if PennCredit continues to manage previously referred delinquent accounts in comparison to ACE. Furthermore, staff estimates two years to be sufficient time to collect on aging delinquent accounts. Effective July 1, 2019, no new delinquent accounts have been or will be referred to PennCredit. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #4 — City Financial Stability, Objective 1 (maintain a stable, efficient and transparent financial environment). FISCAL IMPACT As payment for services for both collection agencies is contingent upon successful collection, both ACE and PennCredit will independently share in the total revenue recovered from their individual efforts. There is no direct fiscal impact on any expenditure accounts of the City or its related agencies. Net revenues will be reduced by the contingency amounts payable to ACE and PennCredit for each matter referred to them and successfully collected. °" Kathryn Downs, CPA Executive Director Finance and Management Services Agency Exhibits: 1. Agreement with American Capital Enterprises, Inc. 2. Second Amended Agreement with PennCredit UM 25H-4 EXHIBIT 1 CONSULTANT AGREEMENT THIS AGREEMENT, made and entered into this 16"' day of July, 2019, by and between -American -Capital Enterprises; -Inc; a California corporation (hereinafter "Consultant"),"and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS A. The City desires to retain a consultant having special skill and knowledge in the field of debt collection. B. On March 29, 2019, a notice inviting bids was advertised on the City's online bid management and publication system as Request for Proposals #19-024: Collection Services. Consultant was the highest ranked proposer. C. Consultant represents that Consultant is able and willing to provide such services to the City. D. In undertaking the performance of this Agreement, Consultant represents that it is knowledgeable in its field and that any services performed by Consultant under this Agreement will be performed in compliance with such standards as may reasonably be expected from a professional consulting firm in the field. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: 1. SCOPE OF SERVICES A. Consultant shall provide collection services in connection with overdue accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated April 9, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by reference as Exhibit A. Compensation rates shall be as set forth in Consultant's subsequent Negotiated Fee Proposal dated June, 26, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by reference as Exhibit B. In performing said services, Consultant shall: Make concerted efforts on behalf of the City to collect all past due accounts assigned to Consultant. 2. Provide services on a contingency basis and retain commission on all monies collected on assigned accounts, whether paid to City or Consultant, at the following rates: 25H-5 EXHIBIT 1 (a.) For all first placement accounts receivable initially placed for collection with Consultant beginning July 1, 2019: i. 17% for accounts placed for standard collection; ii. 30% for accounts requiring City authorized legal action; iii. 12% for accounts that are part of Early Out Programs placed for collection with Consultant no more than 120 days from billing. (b.) For all second placement accounts receivable placed for collection with Consultant beginning July 1, 2019: i. 30% for accounts placed for standard collection ii. 30% for accounts requiring City authorized legal action (c.) For all second letter service ($20.00 per account). 3. Collect any interest accruing from the date of assignment, if allowed by law. 4. Obtain prior approval from City before initiating any legal action on an account. 5. Advance all legal costs in connection with approved legal action against any debtor. 6. Retain from first monies collected on a legal account, its advanced costs. 7. Remit to City all monies, less commission, by the 20`h day of the month following collection. 8. Provide written or electronic acknowledgment of account received from City. 9. Mail first notice to debtor within 24 hours of receipt of placement. 10. Provide City with monthly reports summarizing the activity on all accounts assigned to Consultant, including at a minimum: (a.) Total dollar value assigned (b.) Total dollar value collected (c.) Percentage collected on total dollar value assigned (d.) Number of accounts assigned (e.) Number of accounts on which payments received 2 25H-6 EXHIBIT 7 (f.) Number of payments received as a percentage of number of accounts assigned. 11. Allow City to cancel an assigned account at any time for a mistake or an error in assignment. 12. Allow City to audit an assigned account at any time. 13. Maintain a valid Collection License and bonding as required by the State of California, Bureau of Collection and Investigative Services. 14. Provide suggestions on methods to improve collection rates on an ongoing basis. B. City will: 1. Use reasonable care to assign bonafrde accounts receivable claims to Consultant. 2. Use its best efforts to verify any disputed amount. Warrant that first placement accounts assigned to Consultant have not been previously assigned to another collection agency and that no other collection agency has attempted to contact the debtor by letter service or otherwise in connection with said debt and understands the commission rates herein are based on this representation. Provided, however, that where City has contracted with a third party billing agent to bill and collect a certain category of debt, such third party billing agent's billing and collections efforts on behalf of City shall not be deemed to constitute a collection agency placement or assignment. 2. COMPENSATION Consultant shall retain commission on all monies collected on assigned accounts as set forth in Section 1, SCOPE OF SERVICES. 3. TERM This Agreement shall commence on July 1, 2019 and terminate on June 30, 2024, unless terminated earlier in accordance with Section 12, below. 4. INDEPENDENT CONTRACTOR Consultant shall, during the entire term of this Agreement, be construed to be an independent contractor and not an employee of the City. This Agreement is not intended nor shall it be construed to create an employer -employee relationship, a joint venture relationship, or to allow the City to exercise discretion or control over the professional 25H-7 EXHIBIT 1 manner in which Consultant performs the services which are the subject matter of this Agreement; however, the services to be provided by Consultant shall be provided in a manner consistent with all applicable standards and regulations governing such services. Consultant shall pay all salaries and wages, employer's social security taxes, unemployment insurance and similar taxes relating to employees and shall be responsible for all applicable withholding taxes. 5. INSURANCE Prior to undertaking performance of work under this Agreement, Consultant shall maintain and shall require its subcontractors, if any, to obtain and maintain insurance as described below: a. Commercial General Liability Insurance. Consultant shall maintain commercial general liability insurance naming the City, its officers, employees, agents, volunteers and representatives as additional insured(s) and shall include, but not be limited to protection against claims arising from bodily and personal injury, including death resulting therefrom and damage to property, resulting from any act or occurrence arising out of Consultant's operations in the performance of this Agreement. The amounts of insurance shall be not less than the following: single limit coverage applying to bodily and personal injury, including death resulting therefrom, and property damage, in the total amount of $1,000,000 per occurrence. b. Worker's Compensation Insurance. In accordance with the provisions of Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required to be insured against liability for worker's compensation or to undertake self-insurance. Prior to commencing the performance of the work under this Agreement, Consultant agrees to obtain and maintain any employer's liability insurance with limits not less than $1,000,000 per accident. c. Professional Liability (Errors & Omissions) insurance, with a combined single limit of not less than $1,000,000 per claim. d. The following requirements apply to the insurance to be provided by Consultant pursuant to this section: (i) Consultant shall maintain all insurance required above in full force and effect for the entire period covered by this Agreement. (ii) Certificates of insurance shall be furnished to the City upon execution of this Agreement and shall be approved in form by the City Attorney. Consultant shall supply City with fully executed additional insured endorsement(s) naming City as certificate holder upon execution of this Agreement. (iii) Certificates and policies shall state that the policies shall not be cancelled or reduced in coverage or changed in any other material respect without thirty (30) days prior written notice to the City. Fl 25H-8 EXHIBIT 1 (iv) Due to the nature of services provided, Automobile Liability insurance is not required. e. If Consultant fails or refuses to produce or maintain the insurance required by this section or fails or refuses to furnish the City with required proof that insurance has been procured and is in force and paid for, the City shall have the right, at the City's election, to forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be paid for its time and materials expended prior to notification of termination. Consultant waives the right to receive compensation and agrees to indemnify the City for any work performed prior to approval of insurance by the City. 6. INDEMNIFICATION Consultant agrees to and shall indemnify and hold harmless the City, its officers, agents, employees, consultants, special counsel, and representatives from liability for personal injury, damages, just compensation, restitution, judicial or equitable relief arising out of claims for personal injury, including health, and claims for property damage, which may arise from the direct or indirect operations of the Consultant or its contractors, subcontractors, agents, employees, or other persons acting on their behalf which relates to the services described in Section 1 of this Agreement. 7. CONFIDENTIALITY If Consultant receives from the City information which due to the nature of such information is reasonably understood to be confidential and/or proprietary, Consultant agrees that it shall not use or disclose such information except in the performance of this Agreement, and further agrees to exercise the same degree of care it uses to protect its own information of like importance, but in no event less than reasonable care. "Confidential Information" shall include all nonpublic information. Confidential information includes not only written information, but also information transferred orally, visually, electronically, or by other means. Confidential information disclosed to either party by any subsidiary and/or agent of the other party is covered by this Agreement. The foregoing obligations of non-use and nondisclosure shall not apply to any information that (a) has been disclosed in publicly available sources; (b) is, through no fault of the Consultant disclosed in a publicly available source; (c) is in rightful possession of the Consultant without an obligation of confidentiality; (d) is required to be disclosed by operation of law; or (e) is independently developed by the Consultant without reference to information disclosed by the City. 8. CONFLICT OF INTEREST CLAUSE Consultant covenants that it presently has no interests and shall not have interests, direct or indirect, which would conflict in any manner with performance of services specified under this Agreement. 5 25H-9 EXHIBIT 7 9. NOTICE Any notice, tender, demand, delivery, or other communication pursuant to this Agreement shall be in writing and shall be deemed to be properly given if delivered in person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile or other telegraphic communication in the manner provided in this Section, to the following persons: To City: Clerk of the City Council City of Santa Ana 20 Civic Center Plaza (M-30) P.O. Box 1988 Santa Ana, CA 92702-1988 telefacsimile (714) 647-6956 With courtesy copies to: Treasury and Customer Services Manager City of Santa Ana 20 Civic Center Plaza (M-15) P.O. Box 1964 Santa Ana, CA 92702-1964 telefacsimile (714) 647-5304 and City Attorney City of Santa Ana 20 Civic Center Plaza (M-29) P.O. Box 1988 Santa Ana, CA 92702 telefacsimile (714) 647-6515 To Consultant: American Capital Enterprises, Inc. 41870 Kalmia St., Ste. 120 Murrieta, CA 92562 telefacsimile (717) 695-3763 A party may change its address by giving notice in writing to the other party. Thereafter, any communication shall be addressed and transmitted to the new address. If sent by mail, communication shall be effective or deemed to have been given three (3) days after it has been deposited in the United States mail, duly registered or certified, with postage prepaid, and addressed as set forth above. If sent by telefacsimile, communication shall be effective or deemed to have been given twenty-four (24) hours after the time set forth on the transmission report issued by the transmitting facsimile machine, addressed as set forth above. For purposes of calculating these time frames, weekends, federal, state, County or City holidays shall be excluded. r 25H-10 EXHIBIT 1 10. EXCLUSIVITY AND AMENDMENT This Agreement represents the complete and exclusive statement between the City and Consultant, and supersedes any and all other agreements, oral or written, between the parties. In the event of a conflict between the terms of this Agreement and any attachments hereto, the terms of this Agreement shall prevail. This Agreement may not be modified except by written instrument signed by the City and by an authorized representative of Consultant. The parties agree that any terms or conditions of any purchase order or other instrument that are inconsistent with, or in addition to, the terms and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein. 11. ASSIGNMENT Inasmuch as this Agreement is intended to secure the specialized services of Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest herein without the prior written consent of the City and any such assignment, transfer, delegation or subcontract without the City's prior written consent shall be considered null and void. Nothing in this Agreement shall be construed to limit the City's ability to have any of the services which are the subject to this Agreement performed by City personnel or by other consultants retained by City. 12. TERMINATION This Agreement may be terminated by either party upon ninety (90) days written notice of termination. Upon termination, the Executive Director of Finance and Management Services may require Consultant to deliver to the City all work product completed as of such date, and in such case such work product shall be the property of the City unless prohibited by law, and Consultant consents to the City's use thereof for such purposes as the City deems appropriate. 13. DISCRIMINATION Consultant shall not discriminate because of race, color, creed, religion, sex, marital status, sexual orientation, age, national origin, ancestry, or disability, as defined and prohibited by applicable law, in the recruitment, selection, training, utilization, promotion, termination or other employment related activities. Consultant affirms that it is an equal opportunity employer and shall comply with all applicable federal, state and local laws and regulations. 14. JURISDICTION - VENUE This Agreement and all questions relating to its validity, interpretation, performance, and enforcement shall be governed and construed in accordance with the 7 25H-11 EXHIBIT 1 laws of the State of California. This Agreement has been executed and delivered in the State of California and the validity, interpretation, performance, and enforcement of any of the clauses of this Agreement shall be determined and governed by the laws of the State of California. Both parties further agree that Orange County, California, shall be the venue for any action or proceeding that may be brought or arise out of, in connection with or by reason of this Agreement. 15. PROFESSIONAL LICENSES Consultant shall, throughout the term of this Agreement, maintain all necessary licenses, permits, approvals, waivers, and exemptions necessary for the provision of the services hereunder and required by the laws and regulations of the United States, the State of California, the City of Santa Ana and all other governmental agencies. Consultant shall notify the City immediately and in writing of her inability to obtain or maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall be cause for termination of this Agreement. 16. MISCELLANEOUS PROVISIONS a. Each undersigned represents and warrants that its signature hereinbelow has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees, for any injuries or damages to City in the event that such authority or power is not, in fact, held by the signatory or is withdrawn. b. All Exhibits referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement. c. Accounts receivable for traffic or parking citations shall not be assigned by City to Consultant under the terms of this Agreement. Accounts receivable for alarm permits or false alarm charges may be no longer be assignable by City to Consultant effective January 1, 2020. d. In the event the provisions or the construction of terms of any Exhibit to this Agreement conflict with the provisions or construction of terms of these Recitals, then the provisions or construction of terms of these Recitals shall prevail. /// {Signatures on following page} H 25H-12 IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and year first above written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL Kathryn Downs, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: KRISTINE RIDGE City Manager CONSULTANT /,C,4 6g- Ronald G. Matheson President/Chief-Executive Officer American Capital Enterprises, Inc. Tax ED FEIN#95-3840461 25H-13 AV7 :T HOSPITAL GEN�V '" Entrance co 5 Ai 77.R BVS.[NE55 TO 'BUS MESS. H'EAlTHC'ARE Letter Service Early Out Bad Debt Recovery Cleanout Projects Portfolio Purchases Debt Recovery Partners Forming Strategic Alliances with Creditors Since 1976 American Capital Enterprises, Inc. is a financial services partner specializing in California debt collection. For more than three decades we have provided technologically advanced collection services for all phases of receivables management. American Capital Partner Benefits: • Strategic Options to Increase Cashflow A full service Agency, we provide traditional collection solutions as well as custom recovery programs. Our collection specialists ensure that you maintain your competitive edge by returning cash to the bottom line. • Technological Advances for Enhanced Recoveries State-of-the-art technology keeps American Capital on the cutting edge. Our commitment to the latest technology guarantees exceptional outcomes. • Understanding Your Special Business Needs Thirty years of consulting and debt recovery provide the cornerstone of experience to successfully collect all types of bad debt. We understand your special needs no matter what business you are in. • Representation in the Legal Arena Our skilled law specialists are well versed in the complexities of today's legal environment. An in-house attorney directs litigation counsel should your account require court action. Why You Should Partner With American Capital: • Quality Services at Minimal Cost American Capital's team of professionals and legal affiliations ensure a quality client partnership. The volume of business received allows our rates to be most competitive. • Exceptional Customer Care We take great pride in providing unsurpassed client care. Our customer care team is committed to providing unequalled support and individual attention. • Community Oriented A community attitude for area clients encourages dialogue between your debtors and our collectors. For all partners, we strike the perfect balance between aggressive collections and maintaining goodwill. • American Capital's Track Record American Capital has o long term record of collection success. While others promise results, American Capital is a known producer of receivables income who provides superior serviceat a fair price. w VERY COVER LETTER & COMPANY INFORMATION 2 REFERENCES 3 QUALIFICATIONS OF STAFF 4 METHODOLOGY 5 SAMPLE REPORTS 6 SAMPLE LETTERS 7 REQUIRED RFP STATEMENTS 8 FEES WD311 4 25H-16 1� 25H-17 AmericanCapital d1 ENTERPRISES, INC. 41870 r kd. SL Ste 120. 64eriete, CA 92562 Te4951.695.3372 / Foa:95IA953763 April 9, 2019 City of Santa Ana Purchasing Division - Room 429 20 Civic Center Plaza Santa Ana, CA 92701 RE: Collection Proposal RFP #19-024 Dear Panel: Thank you for allowing us to present American's bid to continue our collection Partnership. American has been on the City of Santa Ana's financial team for nearly 25 years. According to the RFP, the City desires a "qualified Agency who can demonstrate competency and experience". After 2 V2 decades with the City, we're extremely oualitied. American meets and exceeds all of the RFP criteria in the following ways. EXPERIENCED AND EFFECTIVE • Inception to date, American has worked over 130,000 City accounts PeneratinP 35 000 Payments. • We've worked your City accounts for 25 years. • American's effectiveness is reflected -in our recovery ofnear/v date. • Not only has American been a cdnsistentreceivah/es Pro ducer for the City long term, but has evolved with you in new areas of Code Enforcement Citations. For example, lead by.our in-house counse/and in coordination with Alvaro Nunez, American is pleased to report $135,OOOon $466,000 in placements. Still in the early stages of liquidation, American is proud of its record on these very difficult and challenging accounts. 1 25H-18 MINIMIZING CITY COSTS We work independent/vwithout needlessly requiring City time. • Consumer complaints are non- existent We contact you on disputes only when necessary, • Our modern technologvprovides cost cutting options on data transfers and collections. • Our new 19% commission rate offered cuts costs with no less service or performance. • City collection costs are further reduced by our excellent "net backff recovery results. MAXIMIZING THE USE OF TECHNOLOGY • American's collection technology is second to none. Attached are the qualifications of.our recently uaaraded new dia/er and collection software vendors. • The state of the art auto-dia/era/lows us to customize programs and leave thousands of.automated messages. • Consumers can pay on-line 24/7for convenience. • We accept account assignments by all electronic media types. • Client reports can be emailed and monthly Remittances sent electronically. PROVIDING EXCELLENT CLIENT AND CUSTOMER SERVICE • We distinguish ourselves by fast and courteous customer service. • We already have a working relationship with City employees, Mirella Vargasi Nancy Robles, Alvaro Nunez, Alex Gutierrez, and Thab Vu. • We commit to the "Co/%ctoreledge"for City residents that Collectors help consumers understand their debt options while being professional and eth/cal. 25H-19 PERFORMS THOROUGH AND COMPLETE COLLECTIONS American recoveries speak for themselves; 4.5Mduring our business relationship. All client accounts receive maximum coverage regardless ofbalance size. Immediate auto dialer treatment and the first letter is sent within 24 hours. • American has a licensed in-house attornevwith 42 years of credit experience working your large business balances. The information that follows should address all other RFP specifics. As requested, let this letter confirm that I have read, understand, and will comply with, the terms and conditions of the RFP and I am authorized to sign on behalf of the corporation. We look forward to talking with you in the near future. In the interim, if you have any questions, please call. Sin , RonMatheson ath President/CEO 25H-20 AmericanCapital dY ENTERPRISES, INC. 41870 K.W. 4. Se 170, ldv 0t , CA 97562 TeL951.6953372 / Fca:951b95.3763 AGENCY BACKGROUND American Capital Enterprises, Inc. is a 25 year Temecula valley collection agency founded in 1983. Its client mix is roughly 2/3 Medical and 1/3 Municipal, Retail, Commercial, Banking and Utilities. Aside from the City, we have included as references numerous municipal agency clients. The management team brings together a strong mix of legal, healthcare, municipal, and finance experience. Ronald G. Matheson has been a creditor's attorney for 42 years and prior to acquiring American Capital, worked for two major financial institutions. During that time, he specialized in debtor/creditor rights and bankruptcy. He has over 40 years of collection agency management experience since acquiring the Agency. Gail P. Skeldon, Vice President, has had extensive experience in medical billing, collections and finance. Her 33 years experience in -the medical billing and healthcare expertise has been at the forefront of American Capital's outsourcing services to the ambulance and healthcare community. Elizabeth Luna, Operations Manager, joined American Capital's team 16 years ago and has been trained in all facets of collections, customer service and the latest collections technology. Her accounting background has enhanced the supervision of the payment posting, and clerical staff, and record retention. WE INVITE YOU TO VISIT WWW.AMCAPINC.COM 0 25H-21 z 0 h No cn CG O U a a % O O O F F F U U U U W W W W O O O O F U U U U W O O O O U U U V W W W W C O O O F U U U U W I 25H-22 e 25H-23 �■ AmericanCapital di ENTER PRISES, INC. 41870 KG1;Id. St. Ste 120, Mvrkc , G 92562 T.E 951.695.3372 / Tc::951.695.3763 MUNICIPAL AGENCY REFERENCES • City of Santa Ana 1995 to Current Will Holt, wholt(&santa-ana.org (714) 647-5335 Treasury & Customer Service Manger Nancy Robles, nrobles(a)santa-ana.orq (714) 647-5435 Revenue Manager 20 Civic Center Plaza (M-17) Santa Ana, CA 92702 • City of Carlsbad 2002 to Current Julie Lopez, iulie.lopez(a)carlsbadca.gov (760) 602-2403 Revenue Manager 1635 Faraday Avenue Carlsbad, CA 92008 City of Colton Nicole Mihld, nmihld(a)coltonca.gov Revenue Manager 650 N La Cadena Colton, CA 92324 1988 to Current (909)370-5122 25H-24 AnAmericanCapital ENT E R P R I S E5, INC. 41070 rCakda 4. Ste 120, f.4mteta, CA 92562 h6951.695.3372 / Fan 951.695.3763 REFERENCE LIST THE CLIENTS LISTED BELOW CURRENTLY ASSIGN ONE OR MORE OF THE FOLLOWING: • Utilities (water, refuse, etc.), • Administrative Citations, • False Alarms, • Alarm Permit Renewals, • NSF's, • Dog License/Animal Control, • Business Licenses, • Ambulance/Paramedic, • School District Childcare, • DUI recovery, • Sail Booking Fees, • Damage to City Property CITY OF SANTA ANA.......................................... 25 years CITY OF CARLSBAD........................................... 17 years CITY OF COLTON.............................................. 37 Years CITY OF MURRIETA........................................... 23 years CITY OF TEMECULA........................................... 22 years ; CITY OF CLAYTON............................................... 4 years 7 25H-25 CITY OF BARSTOW............................................ 12 years CITY OF LA HABRA............................................ 22 years CITY OF LA HABRA HEIGHTS ............................ 21 years CITY OF S. PASADENA....................................... 23 years CITY OF LAKE ELSINORE................................... 15 years CITY OF SAN MARINO........................................ 17 years CITY OF SAN RAMON......................................... 18 years CITY OF ADELANTO.............................................. 7 years EAST ORANGE COUNTY WATER DISTRICT ........ 9 years SERRANO WATER DISTRICT ................................. 7 years ORINDA/MORAGA FIRE DISTRICT ..................... 16 years SAN RAMON VALLEY FIRE PROTECTION ........... 18 years CITY OF CANYON LAKE ...................................... 11 years CITY OF MENIFEE..............................................: 11 years CITY OF WILDOMAR........................................... 11 years COAST LIFE SUPPORT DISTRICT .......................... 4 years R 25H-26 " They uvrk erlth us on a constant basis to help as resolve any Issue that may arise with-ouraccounts. We look fonrard to continuing ttis relationship for many years to came.' Rick P, Pracilca Administrator 'American Capital provides reliable, prompt onsrrerr to an y mmals or quosr'.ons char tre may have and have alwaysprovided Immediate solutions to our problems.' Rory C. office hlanoger "7hexelectran .committeerevlotred and discussed all spbmJrted proposals and,imerican.Capitol has'boen Idondlied as oneofrhe rop-rated firms:' Agncy.A.. CFO " Arner=' n Capital has pmvidod collection sorvlces for approxfmarel y fifteen years. Tbalrstaffhas been consistently courteous and helpful to our staff. :- Julie R. Direcotrol Pationt Accounts :*^JBi**VgM "Amoricon Capital' Enterpriseshas done an ourstandlo9job or calradron. They hove been able to work, wonders on some very oldaccounti." Tom F. Controller "t am wldng on behalf of my company to express my gratitude for a. fob irall done..7he customer service and collection productivity you have provided hay boon unsurpassed. l irould higJdy roccmmond American Glpiral'to any business requiring. a superb collection agency. Thagit You, :.gain for your extra effort." Jack Q. Operslion hlanager "We Nava been using Amef)can capital Ent erprires as cur oxclusfvo colection agemyand ,Am are very happy with the oawptionalsorvico I'm receive op a cansrstenibasisy, Dana P. Business oh(nm ,`tanager Whon ere g4r Phone calisfrom customers ern nover hoar any derogarary romar/s about how they Imm treated by tiro' collaction agencyr..I hibly recommend American Capital Entoprisos.- Debbie m. Bushmss systems Director 1 especially approdare rho. .personalized gttentmp you havo given us.' James Q. Accotlnthtg /Manager '�� rrW Ce<tetes "wL. n+wir. 25H-28 AmericanCapital ii ENTERPRISES, INC. d1070 J c.Wa St. Ste 120, Mwde., U 92562 Te6951.695.3372 / Fan951b95.3763 QUALIFICATIONS OF STAFF THE IDENTITY AND EXPERIENCE LEVEL OF EACH COLLECTOR WORKING THE CITY'S ACCOUNTS IS SHOWN BELOW. Ronald G. Matheson, Attorney All Municipal Business Accounts, Administrative Citations ................. Paul Ortiz (fluent Spanish) All Municipal Account types .... Patricia Bland All Municipal Account types .......... 40 years with American ..... 26 years with American ..... 15 years with American Elizabeth Luna, Operations Manager All Municipal Account types .................................... 16 years with American rI' 25H-29 AmericanCapital Li ENTERPRISES, INC. 41870 Kelmle St. Ste 120, Murtleta, G 92562 Te1951.695.3372 / Poo: 951.695.3763 ASSOCIATIONS We currently belong to American Collectors Association, California Association of Collectors, California Ambulance Association, ACA Healthcare Services Program, ACA Member Attorney Program and the Better Business Bureau. WE HAVE AN A+ RATING WITH THE BBB. ACA j The w.vcr JC!/F.: or„t Gcaaca gaE�:onaw 7C ���:<lilmnia Atsacn!isn Ca��apu 4.yNatirn of cviixu i.lrc. 10 A I ACC 1Tn lnli nc:mavtLn N comm��l�l rct:nao 25H-30 C' 25H-31 fiAllAmericanCapital ENTER PRISES-, I N C . 41870 rxb�a 5L 9e 170, hl rdmc, CA 92562 TeL 951.695.3372 / Fu: 951,695.3763 METHODOLOGY COLLECTION PHILOSOPHY AND METHODOLOGY AMERICAN HELPS CLIENTS REALIZE THEIR ACCOUNTS RECEIVABLE OBJECTIVES, WITH OUTSTANDING COLLECTION PERFORMANCEAND EXEMPLARY SERVICE, WHILE MAINTAINING THEIR GOODWILL IN THE COMMUNITY. TECHNOLOGY We have intentionally opted to implement a hosted collection software environment, auto dialer, and mail vendor. Their qualifications are reflected in the material that follow. Rather then expending time and resources on IT, this allows us to focus on debt collection. BRIEF SUMMARY OF BASIC PROCEDURES Attached is a general comprehensive flow chart of how accounts are handled. After data entry (hard copy or electronically), the first notice is sent within 24 hours. All accounts are scrubbed for cell phones and called by our automated dialer. This provides maximum coverage to obtain a positive debtor response. Certain accounts are credit scored. 12 25H-32 • After the first notice, a full compliment of notices are sent. Copies of our letters are included.in this RFP. • Accounts are referred to a collector if no response from the automated dialer, or no payment, or if skip work needed. • Eligible accounts are reported to Experian 60 days after the first notice. • Skiptracing through an automated download to Accurint is utilized as needed. • American utilizes a number of skiptracing tools including integrated collection software, internet based, and manual efforts. • Commercial accounts and balances over $1,000 are personally worked by our in-house attorney to generate results. Our current options are: • Experian Credit Reports • Accurint • Surelock (collection system based) • Google • 411 Reverse Directory • Whitepages.com • PUBLIC FILING AND INFORMATION: Property Tax Uniform Commercial Claims (UCC) filings Secure Loans/Debts Fictitious Business (DBA's) California Corporation/Limited Partnerships Board of Equalizations Department of Consumer Affairs Contractors License California Civil Index fillings 13 25H-33 ADDRESS AND TELEPHONE INFORMATION PROVIDING: Exact address matches and nearbys Exact name matches Similar names with zip codes areas Phone number matches (both Home and Business) 14 25H-34 o � e 'J+ V � V O N e. O > z� N 7 O c c 0 E � t u 5 n G e > � N n N u c— _ v C 4 i �. V •�. Li i R� ` ` V= y= �.CL V• 9 7. J � J J� U•p � _J _4 J C C U r tL '^ u 9 E E U V � n u _ U U S G O y u •� 1 _ E G z L V V L � f •�i� C dl�� C o c' Q L, H <1 = V - E 1z ' E �N N O CJ J U c 11 C z L UJ U of E O � U 9 Oiu�i DL E 3 u7 z _ - C_ rl 25H-35 Sign In tAM aLdIlk Contact Ihslprr/vnvw tcn mmn About TCN a ADeMo (WLu—w/Jwwwtcn.com/about- Searfh&, ps• /InfoTcn Com/Request Lad A Demo) Call Center Services Compliance Suite Resources BIOS Solutions P�redicti Predictive Dialer Call Center Solution: TCN Leads with Simplicity WA WA r t) J J The TCN Predictive Dialer is agroundbreaking innovation. f.Ti�-Sid • lIm• . �.��• l.0 _-_=_�.r_ •rc_. Whetheryour call campaigm range from simple to complex all you need ism intemet connection —at TCR flexib0ity is our hallmark Administrators can set up new call agents, hunt groups, and predictive dialingcanpaigns within minutes —a must have foryour outbound call center (ficall-cen solutionskutboundA tluicklystreamline productivity through automatic dialing and the powerto screen out busy signals,voicema➢, no -answers, and disconnected numbers Featured Headlines Dec 21, 2018 C[d^lM- •ILRidlsi�]E] L-1 LOMMSM•d • / Read - (h pz!/wmv tcn.com/how-predictive- dialers-pay for-themselvesn, Nov 30, 2018 How ACD Call Center Software Overhauls the Customer Etmerience (https�//www-tcn comAeam-how-acd- cal I-center-software-i moroves-the- customeoerience-through-self- service-intelliaent-routing anH- hmmd[O. jtp�n_(h�tps�1/vrwi.tcrtcpmAearn-ho•.v-acd- call-[ente r-software-improves-f he-customer- 4anerience-through-self-service-inte0iggpl_ routing-and-hPy^ndn Aug 24, 2018 , Choosing a Contact Center Solution to Modernize Your Customer Support ( ttos://www-tcn,com/Choosing:p- contact-ce rater-sohi lion-to-mbd8rnne- y_our-customer-suR o t - 25H-36 Leverage the worlds most sophisticated Inbound/Outbound, Blended call center technologies available today. Top 10 Reasons Why TCN Is Your Final Choice In A Hosted Phone Solution Highest Agent Efficiency TCPA Compliance Suite Pay -For -Use with No Minimums True On -Demand Scalability `Leek' Free Interface 100% Call Recording Responsive US -Based Support Inbound / Outbound / Blended Minimize Support Staff I Big Data Competitive Intelligence u 25H-37 Introducing TCN's SpeechAnalytics Historically, engagement analytics has been expensive and resource intensive, but TCN SpeechAnalytics makes it accessible by offering rich search and discovery tools along with full text transcription and PCI redaction of 100% of your calls via an affordable, risk -free monthly subscription. With the insights TCN SpeechAnalytics reveals in your customer conversations, you can finally answer questions such as Are my customers happy?," "Do we have compliance risk?", "How are my agents performing?" or "Are calls being handled efficiently?" Are my customers happy' How are my agents performing? ��L11s�1st•••er� '� TCN SpeechAnalytics at a Glance SpeechAnalytics offers powerful search and discovery tools combined with automated call transcription and reduction. Deep business insights are hidden inside every customer interac- tion. TCN's SpeechAnalytics can help to reveal them. Advantages • Full text transcripts for every call • Simple upgrade to enterprise -level engagement analytics • Turn -key integrations with common, cloud -based call recorders - Dedicated online community for learning and sharing Reduced legal risk and better compliance via automated PCI-redaction 25H-38 Easy and Effective Search and Discovery SpeechAnalytic's highly flexible search engine makes it easy to find and retrieve calls through free -form combinations of keywords, phrases, acoustic measures, and call metadata such as agent or disposition. Features • Advanced Search & Filtering • Enterprise -grade Speech Recognition • Enterprise grade Speech Transcription • Contextual Call Playback • Tagging & Commenting • Transcript Visualization • Full PCI Redaction • CRM Integrations • Dedicated Online Community www.tcnp.com 1.866.745.1900 / Bye Bye Change��radon CM �t Emall Address Benefits U;Ci Cii�nrj l..11l tilD `r_...In.. Cili ClBf, • AHT Reduction - Find long calls and high silence • Increase FCR - Search for repeat call language • Call Deflection - Retrieve and analyze short calls • Search for desired and undesired behavior • Tag calls for future recall and review • Simplify review through data rich, contextual playback • Incident Analysis - PR issues, promo mentions • Dissatisfaction and escalation analysis • Product and service feedback • Find and analyze calls with risky language • Find tails lacking required language • Lower likelihood of fines and lawsuits 25H-39 n O u DI C 0 F,� T NO E y C 61^. ''�' iN C• ��I E 'c C 5 rQ :o w. d' 'y ra o IS°mr cs ct ° Im �ml m, 9 C C O dj n m 9 u - •O_ D U C Cr _ + D O C Ui d U u ISO(. 'I C'IU1 of 9 dV W TIOU IC ., Y C 10 n° d E 'd D '. `m > d G � Ca F ru LI ccd T ru >1 I4! Nz=c 10' c D x ❑ ° ¢ OI d: C - ° r¢ yr S• �� .F� 0 fc 'pr v c ZI i_ Im •�. r rn p x d C �n y u V u Yi. N ., N N C U C V w Q CO m u D c v U N \ ` 0 50 ¢ F o. U ti 25H-40 Your Success Is Our Success Over 45 years of innovation and commitment to .our clients' success. I a rI Our Services Include 'nA Collection Software. ' All of the flexibility and scalability you • need to maximize productivity in a single source solution. Web Portal Leverage the power of the Internet with real-time account access. Increase productivity by allowing debtors to settle their balance online. IndustryneyourIntegrations Redefine your collection efficiencies. y by implementing our numerous industry -leading integrations. Find out how CollectOne can help you better manage your accounts. 0 Application Sets + Consumer Debt + Healthcare • Legal Collections + Debt Buyers + Commercial Debt +student Loan + Gobernment. + First Party + Insurance Subrogation + Property Management Setup a demo today! About CDS Software The proven leader in collection software solutions; GDS Software bas been an innovator in the accounts receivable management (ARM) industry since 1970 When it developed the in.du:stry's first collection software solution. We. revolutionized the way collection accounts were managed. Our action code. driven technology has become an industry standard and has driven the architecture for many competitive software products. We continue to mafntaio a. high level of commitment to proactive research and. development With each new generation of software we introduce.. We revolutionized payment processing when we released an industry -first real- time payment processing engine: Another major advancement came when we developed and released the CollectOne Web Portal, an industry first real-time we,b portal, giving secure access to accounts via a web browser.. Our clients range from start-up collection agencies to Fortune 500 companies,, many of which have been clients since CDS Software was founded and most have been clients for upwards of ZO ,years. Our clients span across the globe, collecting on debt ranging from low -balance credit card paper, government and .healthcare specific paper, to .high -balance commercial paper. C'DS Software is comprised of industry -experienced visionaries, who are focused on development of technologies that will serve as industry standard processes,. We maintain. an open and creative environment, foster initiatives, value cultural diversity and nourish individual growth and professional development. We take great pride in the responsibility that our clients have entrusted in us and feel it is our responsibility to enrich those relationships through continued product development and professional, unmatched client service. We view our client relationships as partnerships and understand the importance that this partnership plays in the success of their business. C611ectOne Features Management Driven Work Queues Management driven work queues provide you the power to establish and prioritize multiple queues for each collector. Once established, work queues can be easily updated based on collection productivity. Workflow Automation Establish business rules that incorporate , industry standard bestpractices and ensure accounts are worked appropriately via workflow, strategies that align with your collection goals. Client specific business rules can be established based on contractual requirements and account distribution can be fully automated based on established business rules. Performance Tracking Assign productivity goals to your organization's management team and collectors via CollectOne's performance tracking tools. Top down goals can be assigned and real-time performance statistics can be assessed at both the collector and management levels to improve productivity and accountability. Account Scoring CollectOne includes a rules based point system that establishes collection probabilities to help, you determine the most applicable treatment and prioritize resources to maximize dollars collected. CollectOne also provides you with the power to broaden your account scoring processes via interfaces with industry leading third -party scoring technologies. Predictive Dialing Leveraging a dialing solution is one of the most cost effective ways to increase productivity. As part of the CollectOne software vendor partnership program, the optional, integrated TCN Dialer provides you with the power to maximize efficiency. If your organization already has deployed a third party dialing solution, no problem; CollectOne provides you with the flexibility to integrate your existing dialing solution and seamlessly manage real-time results with any of out industry's leading third party, predictive and hosted dialing solutions. Skip Tracing Leverage best in class skip tracing tools from our industry's leading skip tracing providers and increase productivitywith,real-time phone number and address searches. CollectOne also includes fully integrated credit report retrieval that provides you with the power to request credit reports and attach the credit reports to the debtor's account. Letter outsourcing CollectOne includes a comprehensive mail management system that provides you with fully automated mail processing functionality including print and mail outsourcing, returned mail processing and automated National Change of Address (NCOA) updates. A CDS Software Solution I CollectOne.com CollectOne a product of COS Software 25H-44 Legal Collections System CollectOne includes an award winning legal system. The single source solution automates posting your legal workflow to the debtor's account. The judgment lifecycle is fully automated within the legal system, providing everything from pre -judgment cost analysis to post judgment figures, garnishment dates, automated calendaring and the ability to simplistically merge judgment data to your legal forms. Customizable Reporting CollectOne includes a comprehensive bundle of management reports that provide you with the real-time data needed to develop strategy and monitor overall performance. ODBC (Open Database Connectivity) architecture gives you the power to customize reports and fully automate the creation and delivery of your reporting via best in class technology. Web Portal The CollectOne Web Portal offers your organization a web based solution to securely collect debt via check or credit card 24 hours a day. The CollectOne Web Portal seamlessly passes payments for processing to your CollectOne software and authorized payments are posted directly to the consumer's account. The CollectOne Web Portal can be customized to represent your corporate brand and is a great way to maximize the profitability of low balance accounts, early -out programs and pre -charge off accounts. A CDS Software Solution j CollectOne.com Web -based Consumer Payments CollectOne provides your organization with the power to process check and credit card transactions in real time. Payments can be processed via CollectOne during the collection call, providing the collector with a real-time approval or decline. User Defined Windows User defined windows provide your organization with the flexibility to create windows based on specific workflows and debt categories. Text, date and monetary figures can all be customized within each window and.security settings can be employed to mask sensitive account data. Credit Reporting CollectOne includes Metro 2 formatted credit reporting that gives your organization the power to generate. industry standard data files that can be submitted directly to the credit bureaus. Accounting CollectOne provides a flexible accounting system. Accounting workflow can be fully automated based on management defined processes and client specific accounting rules can be established based on contractual requirements. CollectOne includes interfaces with industry -leading accounting software, giving your organization the power to seamlessly integrate your financial data. t 11, , a product of COS Softviam 25H-45 Support Updates &More Client Care Services CDS Software takes great pride in providing unmatched client care. Our highly trained Client Care Team is comprised of industry experienced specialists that provide implementation services, onsite and online training, technical support and professional services. Our Client Care Team is committed to working together with our clients to maximize their CollectOne solutions. Our highly qualified Client Care Team is here to ensure your success. Our Technical Support Team works closely with our clients to provide everything from general support, to preventative care and system maintenance. Professional Services Our highly qualified Professional Services Team can work directly with you to gather specifications and develop requirements for custom programming including software customization, interfaces, EDI, new business imports and customized report writing. Implementation Services Proper deployment and configuration of your CollectOne software is managed by our Client Care Team. A Training Specialist will work directly with your organization to ensure that your software -is properly deployed, configure the application to meet your specific requirements and provide your staff with training. A CDS Software Solution I CollectOne.com Product Updates Ensure that your organization maintains its competitive edge by receiving product updates for your CollectOne solutions at no additional charge. Ongoing Training Maximize the potential of your CollectOne solutions via ongoing training sessions that are available both onsite and online. Our ongoing training sessions can be customized to an agenda you provide and are a great way to train new personnel and maintain a standardized level of knowledge. CollectOne User Conference & Training Join our user community for the annual CollectOne User Conference & Training. The conference' includes extensive training sessions ranging from intermediate to advanced level topics, enhancement groups and an expo that features our industry's top vendors. 11 on a product of COS Software 25H-46 2s L O V T O V t F� 0�6W1 FJTEvi QIETlT] ]I,t@IIAA 11vtiJ IXyge OTOLIT Fe¢¢] Jp MOI WOTIS[ Fab 1$alml OiNlllT Ftu Pc ]®m ' lbnNaR HI1C0,2 Uimf R ,t.W mb �1 [ql Ilt 1541 .W 61 ]EN66x.]ILL f@] I5N ]Ll i,-ff31 IMwltl 16�J Lo E,ul L6Y]Ia x,c.c. uvl6nT mn m ' mrau o IM�v w:e o msse wvmT (al M dvA1 .W ib% CY [oNOv. E5n]v FIO�INCJ Ln� Ft M1t � . ECIEYI NNN'lFl� �mT.(RS) LCk%FM f�x[W) :4.+4FlT ..'M4tlF121. W �. Nrrvn[ N1s[ey'v 1 Nn[es -� 666 M911 Wd ft.0 PH. CR Wk 5/]G/1J 19:41 "1 Nm Assiproen[ Y 66i 6J/16 1 69/16 NpI Nl1CCL1on Re: 266.W N3nc S.W vwLL[Yrn r+-n�.. FJffUItS ACE COLLECTSON 9EFKCES Mlim IOm F1QSTMYWAY 160D IONkTARV VAY yTSJ Yn512NG1WI. K 99999 \vA`iY:l:iTQy R' W Val NYOM tom. iibd EliV,an TL5T12] ew-44 TrsnUmrE�tll IINJ OCNI Qn.mm111ttlOY\ T'uf,SaOb11�5ttr9� m ml POC W.rVC WI]IX:1)t1Y iM 9nGMw8TJ e, Mrv.Je JrvLLfY WmvmdiYFl�aaJo6gbewgiV('md O2 Rv4S,ra llmEagm51"mnes] 1[gv6JtlH1Q1 As�/1®v9 tLncmH LMwm.ew p0]OWm06 Mn SnnMb6wryra,mslaux l Brd,w,Rm.sMM NM dvi=Ov Qr}�ry. mOfw IX43QLr1NJk. ]6 pqq Fw.y O.vrm w JmskmnNrnm IO�e�LWS3J Tbw®vfSYIC,GppryT n�rTYiun Atlur (.N�ly ylv',rakQsdll x[m.un paryb®nPi.Je[fbmwm�n )m NSHMb, an14'.M1w pr_dh�LTtl ad GfrLV9 TJpnUwmai6n Pu yq F IIVS Rf4f:.�J wnsnesobub is oaoeiiTv[ng w yi.[aT19sGlrtP?+FT1TbbbiM MlCrI A CDS Software Solution I CollectOne.com a product of COS Software 25H-47 G 25H-48 fAmericanCapital A ENTERPRISES, 1NC. 41870 WHa SL Ste 120, A9 "aj CA 92562 TeL951.695.3372 / Fvc951.695.3763 SAMPLE BASIC REPORTS FOLLOWING THIS PAGE ARE OUR BASIC REPORTS. CREDITOR MASTER A listing of accounts, reflects the complete status of each account assigned. ACTUARIAL REPORTS Reflects assigned accounts by month and the dollars collected, canceled, and the recovery percentage on those monthly assignments. Also broken down are the number of accounts, average balance and commission expense. Totals can be done by year, several years, or inception to date. 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M c O F I 25H-51 ACTUARIAL REPORT BY ASSIGNMENTS 1 O O N N r h a -a .-I M N ap ap U W 2 W 1 I .4 .Y 1.1 (m•1 N N ., .O{ � .y P N � ^a N N K � I W N CI N N N CI .+ .y .y .-I N a•1 .-a N N 1 I w 1 m m m m tl K 1 N N N N N N N N N N CI N CI U W 1 N N N r h 1.1 CI O O m N O N W I I vl tl 10 N YI M rl < C m m ry N N N 1 1 1 1 N O O U N i v c T P h N 2 W N .4 N a•1 CI N N N N N ra rl N a0 1•1 l0 CI .-I .{ .a N ry •4 ry 4 1 1 fu O V1 _ N I I N N h h aO h h m m N O O 1U 10 I N N .4 .Y 10 b m lO Z 1 C N W N I O N 11 QF 1 -, .-1 m rn m m Imo Imo n vNi m m �O 10 O W a O I F U T O 1 1 W U < a N 1 b 10 F P I•1 .y N CI M Q F W w 1 1 O d 1 E I 1 1 a d I I a m Ua a 2 O 4 I 1 .4 ra .hi .Y •i .a .-a .-, .N-, ti .41 n .Y .Y .y H ti , W O W > U U W 1 I l� Cf N O O C 1 P JI M m r v1 N rl N P p ' M y � N I 1 i % N I i .-1 .-a N ry P O O CI l0 1O O P •Y p � yd N I CI � f•1 N O1 m N N h r � N Yl N N Z N m N 10 1p CT 1.1 1.1 F 1 C 2 0 0 2 I m N a I I N O N O N N 10 m ap b to 10 tp h CI n1 h O 0 N .� N ' a0 a i N N N CI N N C C CI 1'1 10 10 N CJ CI 1 N N N „ 1 a-1 N N 1 O O O O O O O O O O O O O O O O O , O a F Z O O M F N a Q 1 • . F v a .-1 • 1 1 • z a F a F u Z a 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 y O 4 I •U H N 1 .4 N N O O 10 1D O O m P F �I E 1 O u i P 4N t9M 1 VP u N NI CIOO MONO V'Ob0 mObO 1p Oa00 O O .-,O.y n 4 aUa 2NNS UQO 1 I ON N a•1 CI M N N aO N c m N m ^OCI m r0 1D .+ MONO .a CI N NO NObO N U N a I I T W y F 4 a m anvil m m m m m m m T 2 6 F A O W : m PO O m m0 O O TO O m EaO O m m0 O m mN N m O.O O m PN N m C1N Cl •• � u CI Z T N m N 01 N T N m N m V1 01 N Oa Ca N a u y tT m O a F O o a F O O m O i F O O O F O O m O y^ F O O m O a P. O O m0 a F O O n O a F O O N O a F O O m y h� r0 d O o F O F O F O F O F o F O F O F O F FONF F z a Oa Oa u m m m m �Wzw u w r. o O z x w z u + F d u ' 4 4 U W W. O O O o O a O o 25H-52 I N 1 b •➢ m Yf 41 N b ID F F I P ti N t•1 M O• m m w I N N N m 01 N I p O O O O a 1 N N N N N N N N N N F w 1 T N m m p 1 JI N N N m m 1 rl fl 1 I 1 q 1 I I W N N 1 h h 10 IO N M P I(1 N 2 1 rl �-1 N N ei i• N 1 a N a Z I m 1 i N 1 .e'14 m b b b N rl rN4 r r N N N N � � I U � I W U QN 1 r r I•1 1.1 @ m M M N ti U O i r M1. M M N N m m M1 q 6 1 F w o w 1 H 1 1 W N 1 P W N m N N Jf r it 1 1 w 1 P m P P m P m m 0p W U W 1 T P M M ti r1 rl ^� •'� r'1 Q Q M I .Y fl '1 N N ti '1 N rl N N I 1 I 1 p 1 M M b 1G r r N N m m G N I ✓1 VI Y1 N M M Y1 N N N Q Z I M M m m N •"1 N O a w 1 a z C� 1 N m ti 1 0 0 o p o o p o 0 0. F Z Q z O I O N µF 1 •F a 2 Uq C U a I O o o p o p O o O o Fz O 4 •O F U 1 •U O W N 1 YI ul M M Y1 N N Y a O 2 I P c 1'1 M N N N N •'1 '1 m H V O Z wl a N 11 T 6m ONF I �1 UN UN ¢N 1 1 M1OrO rOrO O.OTO m@Pb O@IDOb Z 1 W q 2 T M N F m La]Z q Ow I m m Of m m w s 1 m N @ Ul mN N m q F U mH ..~ mom.. Q•b .. m0 ..0 m.'I ...b-1 Y N Q 1 m Na m a m � mj •@ a~ ..m~a~ U N U 1 m Q m Q 4 'r Q NP Q q b~l � N i o. FOo oOo pQo oF00 4 pop UOuz z a Im @ m FO O Z,1 rwi O U 1 a Z T a Q wQV i 25H-53 REMITTANCE STATEMENT AMERICAN CAPITAL ENT., INC. 41870 KALMIA STREET, SUITE 120 MURBIETA CA 92562 (951) 695-3372 1 Invoice K 002556 02/28/29 No. 51 7965 CHI800 NYECYY COLLECTIONS Our File Net Amt Date Name / Ref'No. Pd You Pd Us 'Comm Number Due 02/28 NAMES OMITTED FOR. SECURITY 25.00 4.75 64313416 4.75 624808-9 02/28 119.81 .22.76 03765797 22.76 1320720-1 02/28 51.83 9.70 04066960 41.33- 128792-12 62/28 56.76 9.64 63644715 41.12- 1284164-1 02/28 25:08 4.77 03583458 4.77 331646-6 02/28 21:10 4.61 03584688 4.01 331646-6 02/28 7.81 1.48 04313786 1.48 967736-7 82128 2.04 .39 04024033 .39 591298-1 02/28 25:00 4.75 04025719 4.75 591298-1 02/28 228.07 43.33 04244464 43.33 1388353-1 02/28 227.50 43.23 04054676 43.23 1388353-2 02128 7.48 1.42 04245667 1.42 1388353-2 02/28 3.65 ..69 04244475 .69 1388353-4 02/28 - 25.52 4.85 04292074 4.85 1388353-4 02/28 220.00 41.90 63904422 41.80 1383956-1 02/28 20.00 3:80 04011332 3.80 1165884-25 02/28 84.85 16.12 64336297 16.12 406930-48 i 25H-54 r� 25H-55 AmericanCapital di ENTERPRISES, INC. 41870 lGaWo SL Sle 120, 64 oa, CA 92562 TcL951.695.3372 / Fm:951.695.3763 SAMPLE BASIC LETTERS FOLLOWING THIS PAGE ARE OUR BASIC COLLECTION LETTERS. THE TIMING OF EACH IS REFLECTED IN THE PROCEDURES FLOW CHART. 16 25H-56 0. N79a310 AmericanCapital IIIIII11111IIIII 11111111111 IN111IIIIII111111111111lll INENI ER PR I S E S, TN PO Box 893580 -41870 Kalmia Street, Suite 120 Temecula CA 92589-3580 Mumela, CA 92562-8840 RETURN SERVICE REQUESTED Tel: (951) 695-3372 'May 10.2018 001 DEM001 ACCOUNT #: 0000001034 REF:, HSE III„qll„ul1,11lll„Illur lhlIll. lull"uullhl1I1.11It ��.1��1>�,.f�,oel1 III I I I I I III II III III I I II II I Personal R Confidential �11�t CapitalEnterprises, eI n� PAT DOE f American Capital Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 'Temecula CA 925B9-3580 •'• Detach Upper Portion And Return With Payment —__.._..___.._—.__�_�_......:.._._.....______... __.__...__r..__......__._.._____.._._---.._..........._.._........._.___ .._.._-.._. 1-SFAMCP70.001-0SPo7 18 TOTAL AMOUNT -DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000.00 $61.37 $20.00 $7,081.37 •`•••'COLLECTION NOTICE...."` YOU ARE ADVISED THAT THE ABOVE ACCOUNT HAS BEEN ASSIGNED FOR COLLECTION. UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS. DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A JUDGMENT AGAINST YOU AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. IF YOU REQUEST THIS OFFICE IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE WILL PROVIDE YOU WITH.THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT FROM THE CURRENT CREDITOR. AS REQUIRED BY LAW, YOU ARE HEREBY N( REFLECTING ON YOUR CREDIT RECORD MA' YOU FAIL TO FULFILL THE TERMS OF YOUR I NEGATIVE CREDIT REPORT TO A CREDIT RE UNTIL THE EXPIRATION OF THE TIME PERIOI DEBT COLLECTION PRACTICES ACT AND TH' REQUIRE THAT. EXCEPT UNDER CIRCUMST{ 8 A.M. OR AFTER 9 P.M. THEY MAY NOT HAR, OR BY USING OBSCENE LANGUAGE. COLLE( STATEMENTS OR CALL YOU AT WORK IF -THI NOT RECEIVE PERSONAL CALLS AT WORK. I ANOTHER PERSON, OTHER THAN YOUR ATT MAY CONTACT ANOTHER PERSON TO CONF MORE INFORMATION ABOUT DEBT COLLECI TRADE COMMISSION AT (877) FTC -HELP OR SERVICES MAY BE AVAILABLE IN THE AREA. =D THAT A SUBMITTE ABOVE.' dR DEBT )RS MAY NOT USE FALSE OR MISLEAD KNOW OR HAVE REASON TO KNOW TH I THE MOST PART, COLLECTORS MAY tNEY OR SPOUSE, ABOUT YOUR DEBT. 4 YOUR LOCATION OR ENFORCE A JUE \1 PRACTICES. YOU MAY CONTACT THE HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. - RETURNED CHECKS MAY BE SUBJECT TO A $25:00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM. IF 25H-57 a TVIBA27M5 � IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII IIIII IIIII IIII IIII PO. Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED May 10, 2018 ,IIII,I,rlugll,t„III,I,Ilglllu,hlllurll,ugnll„uhd momzooz<oazsesvmlwo—.mwroos x Personal 8 Confidential PAT DOE . 111 W HILLCREST AVE THOUSAND OAKS CA 91360 CREDITOR SAMPLE NET CLIENT PAY THIS CLAIM NOW. Al jk� AmericanCapital E N T E R P R I S E S, I N C. 41870 Kalmia Street, Suite 120 MuMeta, CA 92562-8840 Tel: (951) 695-3372 002 DEMO01 ACCOUNT ;:0000001034 REF: HSE 91. i)lill11 it 11llllillilililllliillil lli llil iilllilliliillllliili American Capital Enterprises, Inc. PO Box 893580 Temecula CA 92589-3580 "' Detach Upper Portion And Return With Payment "' 2SFAMCPIM02.05107118 TOTAL AMOUNT DUE: $7,081.37 PRINCIPAL INTEREST COSTS TOTAL $7,000.00 $61.37 $20.00 $7,081.37 DEMAND FOR PAYMENT IF WE DON'T HAVE A POSITIVE RESPONSE FROM YOU, WE MUST PRESUME THAT YOUR INTENTIONS ARE NOT TO PAY THE ACCOUNT AND WE WILL HAVE TO PROCEED ACCORDINGLY. THIS DELINQUENCY MAY BE,RECORDED IN YOUR CREDIT FILE FOR 7 YEARS FROM THE DATE OF YOUR FIRST DELINQUENCY. HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU. BY A DEBT COLLECTION FIRM. 25H-58 TY18A2)aR3 I IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII IIIIII IIII Illl II II PO Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED American Capital ANI ENTERPRISES, I N C . 41870 Kalmia Street, Suite 120 Murrieta, CA 92562-8840 Tel: (951) 695-3372 May 10, 2018 003 DEMO01 ACCOUNT 4: 000000 1034 REF: HSE Ilnpl„I,ll lu.,uhlnlul ll,I,p„u.dl'lull,q,u.nlhu 00080'°°'°°°``°5e�"'°�'�""""�" III IIIII III II III III IIII II I Personal & Confidential PAT DOE American Capital Enterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 Detach Upper Portion And Return With Payment "' 1SFAMCP10-003-0510711e TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7.000.00 $61.37 $20.00 $7,081.37 WE HAVE RECEIVED YOUR REQUEST FOR VERIFICATION OF THE ABOVE DEBT. USING INFORMATION PROVIDED BY THE ORIGINAL CREDITOR, WE HAVE COMPLETED OUR INVESTIGATION AND VERIFIED THE ACCOUNT. IF YOUR COMMUNICATION INCLUDED A REQUEST TO INVESTIGATE THE ACCURACY OF YOUR CREDIT REPORT, OUR REVIEW HAS ALSO DETERMINED THE INFORMATION. WE REPORTED IS ACCURATE. IF YOU HAVE FURTHER QUESTIONS, PLEASECONTACT OUR OFFICE. IF YOU DECIDE TO RESOLVE THIS ACCOUNT, YOU MAY ALSO PAY ONLINE AT W W W.PAYAMCAP.COM ACCOUNT SUPERVISOR WE ACCEPT VISA/MASTERCARD/CHECKS BY PHONE FEDERAL.LAW REQUIRES US TO INFORM YOU THAT THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR. 25H-59 ggz AmericanCa ital IIIIIIIIoIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIe p-- tl E N T E R P R 1'S E S, INC. Temecula ec a CA 9 41870 Kalmia Street, Suite 120 Temecula CA 9 ICE REQUESTED Murrieta, CA 92562-8840 RETURN SERVICE REQUESTED Tel: (951) 695-3372 May 10, 2018 323 DEMO01 ACCOUNT P 0000001034 REF: HSE I,tu1i IIIIIII„111111111' I1II'IIIIIII I'I' IIIIIIIIII,I I I IIIIII,h aaoemmzmoxa»srsm�w—m wn �sz a Personal & Confidential III I I I I I I I I� II III III I, I II II I PAT DOE M AmericanCapitalEnterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 •** Detach Upper Portion And Return With Payment *'* B-BPAMCP 10-323-05107118 TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000:00 $61.37 $20.00 $7;081.37 IN REVIEWING OUR RECORDS, WE NOTE THAT THE ABOVE BALANCE REMAINS UNPAID ALTHOUGH EACH PERSONS CREDIT SITUATION IS DIFFERENT, THIS DEROGATORY ITEM ON YOUR EXPERIAN CREDIT PROFILE MAY ADVERSELY AFFECT A FUTURE PURCHASE OR LOAN. YOU MAY HELP CLEAR UP YOUR CREDIT PROFILE BY USING THE ENCLOSED ENVELOPE FOR PAYMENT OR CALL NOW TO DISCUSS PAYMENT. HOUSE DESK YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM. 25H-60 M TY19At71Af � IIIIIIII II IIIIII IIIII IIIIII IIII IIIII IIIII �illl I111 IIII II II PO Box 893580 Temecula CA 92589-3580 RETURN SERVICE REQUESTED May 10, 2018 998 American Capital 6a ENT ERPR15ES, INC. 41870 Kalmia Street, Suite,120 Murrieta, CA 92662-8840 Tel: (951) 695-3372 DFMO01 ACCOUNT #: 0000001034 REF: HSE It'•"'•II••II'•I•"••I•III•'I•III•I•••14•II"I•II'Illll•I'Ill l• 4W6UiNSiLtl:6BY141891]Eb-IYIBISilw111 Personal & Confidential 11111��11�1�1�111111111111�111�111111111111�1�1�11111111111I11 PAT DOE American Capital Enterprises, Inc. 111 W HILLCREST AVE PO Box 893580 THOUSAND OAKS CA 91360 Temecula CA 92589-3580 •" Detach Upper Portion And Return With Payment "' 11 SFAMCP 10-998-05107118 TOTAL AMOUNT DUE: $7,081.37 CREDITOR PRINCIPAL INTEREST COSTS TOTAL SAMPLE NET CLIENT $7,000.00 $61.37 $20.00 $7,081.37 THIS LETTER IS TO ACKNOWLEDGE YOUR.PROMISE TO PAY ON THE REFERENCED ACCOUNT. ON 06/01/18 YOUR PAYMENT OF $50.00 IS EXPECTED TO BE IN OUR OFFICE. FAILURE TO PAY AS AGREED WILL RESULT IN FURTHER COLLECTION EFFORTS. HOUSE DESK AMERICAN CAPITAL YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE. THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM 25H-61 ra 7 25H-62 fNIAmericanCapital ENTERPRISES, INC. 41970 V.&&o SL Ste 120, Muth , CA 92562 Teh951.695.3372 / faa95U95.3763 HISTORICAL COLLECTION PERCENTAGES American's historical collection percentages for the City are shown by account type in the chart at the back of this section which was provided in the last RFP. Shown is 1996 — January 2014 as of that date only. It reflects a 40-50-60% recovery rate on some categories with an overall recovery rate in excess of 10% on nearly $40,000,000 in assignments ITD. We've relied on this chart because we received no placements from 2014 to October of 2017. For the City placements received over the last 18 months,_please see the extensive reports, submitted electronically and directly to "Purchasing" at its request. These stats are for all 40 categories separately on which you resumed assigning us in October of 2017. Those reports, consisting, of 150 pages, have been omitted here for brevity. SERVICES THAT DIFFERENTIATE AMERICAN FROM OTHERS The most important additional collection service is that our attorney personally works your business accounts. This adds extra value to your current American contract. The staff working your type of accounts has nearly 100 years of municipal account experience which is rarely duplicated at other agencies. American can provide access to our collection platform on your accounts. 17 25H-63 Unlike some agencies bidding from distant states from your residents, American is local to the.Southern California area. This allows the debtor to visit our office for payments and counseling. COORDINATION REQUIRED BETWEEN CUSTOMER, CITY AND AGENCY All the necessary coordination is already in place and working efficiently. MINIMUM DOLLAR AMOUNT ACCEPTED All balance sizes are accepted for collections. With our dialer technology, small balance accounts get equal treatment. ACCESS TO AMERICAN'S DATA BASE American would allow computer access to your collection accounts with certain security protocols. MEASURING AND EVALUATING CUSTOMER SERVICE Internal customer service is evaluated on a daily basis by supervisors who observe the operation. See below. RESOLVING COMPLAINTS Customer service complaints are logged and all supervisor calls are taken by the Operations Manger. This ensures the customer has been treated fairly and professionally. She.also handles any BBB and CFPB complaints which are minimal. LEGAL COMPLIANCE Attorney owned and operated, American has a robust compliance program in sync with all FDCPA, HIPAA,,FCRA, Red Flag and other regulatory statutes. IN 25H-64 INFORMATION SECURITY American has information Security Policies and Procedures. IDENTITY THEFT / RED FLAG RULES American has Red Flag Rules, Policies and Procedures. CONDUCT PROVISIONS AND TRAINING Collectors are compliance trained on an ongoing basis by the in- house attorney. ESTIMATED CONVERSION TIMEFRAME We are currently on board and no conversion or City expense is necessary for our continued business relationship COLLECTED MONIES FORWARDED TO CLIENTS American sends its check and Remittance Statement the 20t' of the month following the month of collection. TIMING AND METHOD OF CLIENT PAYMENT American operates on a "net remit" basis. CREDIT REPORTING Eligible accounts are reported to Experian if unpaid after 60 days. AUTHORITY TO COLLECT American is authorized to do business in all states except certain closed states requiring a licensed office in their state. This impact is negligible for CA creditors. 19 25H-65 OFFICE HOURS AND PHONES We are open 8:00 AM to 5:00 PM Monday through. Friday and have an 800 number. We work Saturdays as needed. Payments can be made 24/7 on our website. CONFLICTS OF INTEREST There are no conflicts of interest in connection with this RFP. MAINTAINING INFORMATION All necessary information is maintained electronically on the computer and through,our vendor with backup stored off -site. SHORT TIME PLANS TO ENHANCE RECOVERIES Although American believes it maximizes recoveries on a daily basis, it is open to discussing any special City projects or requests. ADDITIONAL INFO TO AID THE CITY IN THE SELECTION PROCESS American respectfully reminds the City that any new Agency would have a learning curve. Therefore, valuable City time and resources may need to be expended in addition to unknown collection results and uncertain professionalism. With respect to rates, a very low commission rate can actually result in lower net back dollars to you because unrealistic commission rates prevent an Agency from doing all that is financially necessary to maximize recoveries. rdl] 25H-66 HiST®RiCAL RECOVERY % CHART z r �' Q z U) U- 0 U C coi 0 io f) Z z Z J F d a U z U w a w a¢ U ¢ U U 2- Z c F¢¢ m J w w x n a c¢ M U c¢ a (q �¢UU W �-W LL LLLL - z a 4. o_a o.aacc=(11 ¢F-f->>> o U U U U U U U U V U U U U U U U U U U U U U U U V U U U U U M o o O o o o O o 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 U W M m Mi ` O W r W Q Q W O M g W r M 0 U a W M 1 O q L7 W M O Lr I Orr Nor Q 0 Q M q Q W W W 0 0 W N N.N-- h Z ry a } a W M W W N r Q r r W O r r r N o N r 0 N f r t0 r W M ",Con Q r Q M r w N N r q W F^ M M r W r r N Q U Q s O o e o 0 0 0 0 o 0 o e a o -.0W o 0 o e o e o a o 0 e o 0 �ryQ I[1 O1�OM W NO NO�'n tnM7 N W OM CM,i71OOq to O C-4 W r,M Or'n qr W W W 0) O ONO M '<o O LLLi O N MN N r 'oi ID t o r- W im Q N �itdm�'riQ�tioiioirC6C6 f o M L7 N N r M ci'riv' N Q L n M W 0 F-lI% rn ornrWQ000rrMmr M Nrq gOro r. (Oq0 W nrnMQ�nWrn�noW�nor W (D Q)M W rQrQr M O M'o W M f WU N tD Q W M r fD W M M N W r r (o N Q W r In N O O Jr W Mr O N'n0to rqr Qr CD r rN J (o Q O Ip Q m f0 Q O Q ZOO O�n q rQrr Or W P M M ONfOM W QMOO W Or i!] Q N W QN�ONaO W rtn M1llrMr Q0(OrM W r W W rnr N W M (,MO CILOI rU' � M �O r QM4� N Q rW CiYNMNN o f fi M rW Oto W (O N N M gOg4nMr C N M N r N � (1 0)N N !A a N mElf Q U ~ ¢ ZLLJ ? O O CO W LU Li Z J z Fw., O� O 0 Y W Q G z z (L U � w U c 0 c c ¢¢ W 0¢ Z Z CN7~ (Drn- Za p L) UdyUZ o. O� mZ W ZZUoz0f7-U alnZOU m2wWW W l- � }O ~~ O cZ 2- C2 'e L)�YiZ�ZF-c w �co7� Ywzz o cZx g �F-z2z V -�y d OZ-Oc�z0ml- o o W_-- W W z¢ Z O¢ 00 c m ¢ 0 !L ¢ c QQ W m¢m U EL W �o COU¢m-mm W� o¢ U)m¢¢c U) m U` U 21'aQU�UZz o� c¢UU W W(.9 W J} W j W W W c W¢ W (1) d'U.jUmcUUZU �JmJ¢�i JZm W J=W m J�Q oF-JOmCca�ZC x00w00700WO0- UFzZ aOO W ELL LU'LLLUZD 25H-67 i i 25H-68 �_ i E 25H-69 AlArnericanCapital ENTERPRISES, IN'C. 41870 Kah da 5t 51. 120, 64 Mv, CA 92562 TCL 951.695.3372 / Fan 951.695.3763 1 FEE PROPOSAL The collection of bad debt is at the heart of American Capitals' receivable Programs. Whether performing early out functions, purchasing bad debt portfolios, or special clean out projects, it all begins with the skill, expertise and technology acquired in the collection of overdue monies. Our proposed rates follow. These fees are also applicable for the optional contract extension period. BAD DEBT PROPOSAL AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES: • First Placement Accounts ............................... Flat 19% Contingency • Second Placement Accounts (If applicable) • Legals .. OTHER PROGRAMS ... 50% Contingency ....................... 40% Contingency • Letter Service (2 Letter Service) ........................ $20.00 Per Account • Early Out Programs ............. :...................... . .......... 12% Contingency (No more than 120 days from billing) • Special Cleanout Projects ..............:................ quoted Upon Request 21 25H-70 AmnericanCapital IO E N T E R P R IS ES I N C. 41870Wf .SLSw 120,6Wrtem,CA92562 Tek 951S95.7372 / lm: 951.6953763 COLLECTION SERVICES AT 19% INCLUDE: • Manual input of all hard copy account information into our computer system. Assignments by electronic media is always available by E-mail, FTP, SFTP file transfers. • Computer matching of any previous City debts with new consumer and business accounts. • Acknowledgement of accounts sent promptly. • First notices in mail to debtors within 24 hours. • Accounts run through the auto dialer providing maximum coverage to obtain debtor response. • Account referral to live collection desk (if no response) • Full complement of notices, as needed, and collector telephone calls to motivate debtors. • Comprehensive skip tracing services • Monthly reports as client designates. Custom reports are available. • Monthly Remittance of all dollars collected. 22 25H-71 • Eligible accounts listed with Experian (via data transfer) to help effectuate eventual payment up to 7 years from the date of debt. • Meetings with City upon request to discuss goals and performance. • Input from Agency on ways to make City processes and coordination more efficient and to save costs. 23 25H-72 City of Santa Ana NON -COLLUSION CERTIFICATION The undersigned hereby certifies on behalf of AMEX t'%'J Gt('ML GiJi. -DJC- ("Proposer'), and hereby declares under penalty of perjury under the laws of the State of California, that this Collection Agency Services Proposal is genuine and not sham or collusive, nor made in the interest of or on behalf of any person not herein named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham proposal nor solicited any other person, firm or corporation to refrain from submitting a proposal; the Proposer has not communicated, directly or indirectly, with any other Proposer regarding the amount, price, and/or service rates proposed herein; and Proposer has not in any manner sought by collusion to secure for himself/herself/itself any advantage over any other Proposer. We declare the foregoing is true and correct under penalty of perjury under the laws of the State of California. Signed, thisz`r17r day of li-PP--];t- , 2019 in. 1"J P-(��—TA (State of) C.tk IF SOLE OWNER: Signature of Owner Print Name IF PARTNERSHIP: Signature of Partner (General Partner) IF CORPO TIONlLLC: re of President/Managing Member (� . Mtt-1�tL3on/ Signature of M Name City of Santa Ana Collection Agency Services Request for Proposals:9 19-024 March 29, 2019 %Z / /y Date Page 115 25H-73 We don't work for our clients, we partner with them. Learn more 61www.amcapinc.com All Claims Worked Professionally and Ethically Although we aggressively pursue past due dollars, all debtors deserve to be treated with dignity and respect. Professional Affiliations ACA International ACA Members' Attorney Program California Association of Collectors International Assoc. of Commercial Collectors www.amcapinc.com AdAmerlcanCapital ENTERPRISES, INC. 41070 Ka6da SL Stu 120, MaT;@ a, CA 92562 TA- 951.695.3372 / Fan 951 b95.3763 !NEGOTIATE® FEE PROPOSAL * EXHIBIT B The collection of bad debt is at the heart of American Capitals' receivable programs. Whether performing early out functions, purchasing bad debt portfolios, or special clean out projects, it all begins with the skill, expertise and technology acquired in the collection of overdue monies. Our proposed rates follow. These fees are also applicable for the optional contract extension period. BAD DEBT PROPOSAL AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES; • First Placement Accounts • Second Placement Accounts (If applicable) Legais ................. OTHER PROGRAMS • Letter Service (2 Letter Service) • Early Out Programs ........................... (No more than 120 days from billing) • Special Cleanout Projects ............ 21 17% Flat i9% Contingency 30% 30°/crContingency 30% ............... -8%-Contingency $20.00 Per Account 12% Contingency Quoted Upon Request *Contingent upon a 5 year contract for all assignable bad debt. 25H-76 EXHIBIT 2 SECOND AMENDMENT TO AGREEMENT THIS SECOND AMENDMENT TO AGREEMENT, made and entered into this 16th day of July, 2019, by and between Penn Credit Corporation, a California corporation (hereinafter "Consultant"), and the City of Santa Ana, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California (hereinafter "City"). RECITALS: A. The parties entered into that certain Agreement (#A-2014-146), dated June 17, 2014, (hereinafter "said Agreement") by which Consultant having special skill and knowledge in the field of debt collection agreed to perform such services to the City for debt's owing to the City and placed for collection commencing July 1, 2014, for which Consultant has provided debt collection services to the City. B. The Term of said Agreement was three (3) years effective as of July 1, 2014 and ending June 30, 2017. C. The parties subsequently into a First Amendment to Agreement (#A 2017-122), dated May 17, 2017 to amend the Term to provide for an additional two (2) year period beginning July 1, 2017 and ending June 30, 2019. The parties also amended the Scope of Services with respect to the types of debt for which the Consultant would provide collections services to the City on a go forward basis to include only "permissible debts" as set forth in the Federal Fair Credit Reporting Act (FCRA) guidelines effective September 1, 2016. D. In accordance with the terms and conditions of said Agreement, the parties wish to amend the Term to provide for an additional two (2) year period beginning July 1, 2019 and ending June 30, 2021. E. The parties also wish to amend the Scope of Services with respect to the types of debt for which the Consultant shall provide collections services to the City to include only debts assigned to Consultant prior to July 1, 2019. NOW THEREFORE, in consideration of the mutual and respective promises, and subject to the terms and conditions hereinafter set forth, the parties agree as follows: The parties hereto now desire to amend Section 1, subsection (A) of said Agreement, "SCOPE OF SERVICES" as follows: a. Define the term "overdue miscellaneous accounts receivable billings" to include only debts assigned to Consultant prior to July 1, 2019. 2. Section 3 of said Agreement, "TERM" shall be amended as follows: 25H-77 EXHIBIT 2 This Second Amendment to Agreement shall commence on July 1, 2019 and terminate on June 30, 2021, unless extended by subsequent amendment of this Agreement or terminated earlier in accordance with Section 12 of said Agreement. 3. This Second Amendment to said Agreement must be signed below and may be signed in counterpart and delivered by fax, emailed as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. (Signatures on following page) 25H-78 IN WITNESS WHEREOF, the parties hereto have executed this Second Amendment to Agreement the date and year first,aliovd written. ATTEST: NORMA MITRE Acting Clerk of the Council APPROVED AS TO FORM: SONIA R. CARVALHO City Attorney _ J BY: LISA STORCK Assistant City Attorney RECOMMENDED FOR APPROVAL: Kathryn Downs, Executive Director Finance & Management Services Agency CITY OF SANTA ANA: KRISTINE RIDGE City Manager Chief Executive Officer Penn Credit Tax. ID FEIN # 23-2470030 25H-79 25H-80