Sample Contingency Fee Contract Forms in Florida by ynt39010

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									February 11, 2009

                            REQUEST FOR PROPOSALS #09-165
                               DELINQUENT COLLECTIONS

NOTICE IS HEREBY GIVEN that the City of Lake Wales is accepting sealed proposals for:

                                DELINQUENT COLLECTIONS


At 2:00 P.M., EDT, on Friday, March 5, 2009, in the Commission Chambers located in the
Municipal Administration Building, 201 Central Ave W., Lake Wales, Florida, proposals will be
submitted for evaluation.

An original and four (4) copies of all proposals, including all executed documents and needed
attachments, shall be placed in a sealed envelope, marked “SEALED PROPOSAL
DELINQUENT COLLECTIONS #09-165”, and delivered prior to the proposal acceptance
deadline, 2:00 P.M. EDT on Friday, March 5, 2009. All costs of preparation and presentation
associated with the RFP are the responsibility of the bidder.

Responding to the Request for Proposals

All persons and firms wishing to submit proposals are required to submit a City of Lake Wales
Vendor Application, W-9 Form and a current Public Entity Crimes statement with their proposal,
unless these items are already on file with the City. These forms may be downloaded from
website www.cityoflakewales.com (select city departments, purchasing) or by contacting Bonnie
Hodge, Purchasing Agent, (863) 678-4182, ext. 264.

Proposals may be hand delivered, mailed, or delivered via courier service to the following
address. Faxed or e-mailed proposals will not be accepted.

       DELIVERY ADDRESS                                  MAILING ADDRESS

       City of Lake Wales                               City of Lake Wales
       Attn: Bonnie Hodge, Purchasing Agent             Attn:Bonnie Hodge,Purchasing Agent
       201 Central Ave. W                               P. O. Box 1320
       Lake Wales, Florida 33853-4013                   Lake Wales, Florida 33859-1320

General Information and Requirements

1.     In accordance with Chapter 119, Florida Statutes, all proposals received, and all
       materials contained therein, once opened are public record, and subject to disclosure to
       any person, organization, or firm, including other firms responding to this request for
       proposals.

2.     In accordance with section 287.133, Florida Statutes, a person or affiliate who has been
       placed on the convicted vendor list following a conviction for a public entity crime may not
       submit a bid or proposal on a contract to provide any goods or services to a public entity
       and may not be awarded or perform work as a contractor, supplier, subcontractor, or
       consultant under a contract with any public entity, and may not transact business with
       any public entity in excess of the threshold amount provided in section 287.017-for
       CATEGORY TWO for a period of 36 months from the date of begin placed on the
       convicted vendor list.

3.     The City reserves the right to accept or reject any or all proposals, or part thereof, to
       waive any informalities or technicalities, or to award contracts in the best interest of the
       City. In all instances, the City’s decision shall be final.

4.     A committee of City staff will rank proposals. Staff will make a recommendation to the
       City Commission on March 17, 2009.




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4.      The City of Lake Wales is exempt from taxes imposed by the State and Federal
        Government. Proposals shall not include any taxes or fees.

5.      Prospective firms must submit proposals strictly in accordance with the specifications
        outlined in the RFP. Each variance, if any, to the specifications shall be specifically
        stated in the proposal.

6.      Prospective firms warrant by virtue of submission of proposals that all prices, terms, and
        conditions stated shall be honored for a period of ninety (90) days after the opening of
        proposals. Any changes shall result in automatic disqualification of the vendor.

7.      A corporate officer, partner, or proprietor shall sign the original proposal, in blue ink.

8.      The City reserves the right to reject any or all items if in the City’s judgment the item does
        not meet the needs of the City, or for any reason it deems suitable.

9.      Prospective firms are hereby warned not to contact any City employee, official, board
        member, or Commissioner on matters relating to this Request for Proposals, except as
        indicated herein. Any attempt to do so, or engaging in lobbying or any other activity
        interfering with the evaluation process may result in immediate disqualification of the
        vendor from any City business.

10.     Prospective firms hereby warrant by virtue of submission of proposals that any and all
        terms, conditions, and requirements as stated in this document are valid, enforceable,
        and binding upon the selected vendor.

Specific Information and Requirements

All proposals must contain the following in order to be considered:

1. The Bidder’s name, home office address, address of the office providing the services under
   the contract and telephone number for each.


2. General Description of the bidder; include size, number of employees, primary business,
   other business or services, type of organization (franchise, corporation, partnership, etc) and
   other descriptive material.


3. Indication of personnel who will be assigned to the contract including their qualifications,
   certifications and affiliations.


4. List of public sector clients for which the individual who would be assigned to us or who has
   provided similar services. Also provide the name, address, and telephone number of a
   person(s) who can be contacted for reference.


5. A description of the Proposer’s understanding of the work to be performed.


6. Relationship to the City of Lake Wales, if any.


7. A statement of the insurance coverage carried by the bidder.



Scope of Work

The City of Lake Wales is requesting proposals to secure the services of a collection agency to
provide debt collection service by locating, contacting and securing payment from debtors of the


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City. The City’s water and wastewater system provides service to approximately 7,500 accounts.
The City’s annual local business tax included approximately 1,700 accounts. The City has various
fines, permits and miscellaneous revenue sources.

Uncollected debt for the following sources as of February 10, 2009:

                           Aging             # of Accounts                   Amount
Utility Accounts Past   90 days                   1,189                   $ 177,667.85
Local Business Tax      Past 150 days               87                        5,798.50
Fines, Permits & Misc   Various                   Various                 Various
Returned Cks            Past 90 days                8                            761.72


Utility payments returned by the bank are charged back against the customers account, is still
active and a letter is sent notifying them of returned check charges to be remitted back to the
City.

Payment shall be made on a monthly contingency fee basis. Contingency fees are to be remitted
against actual amount owned for services rendered. Payment is be to remitted to the City prior to
the 15th of the following month.

Services must meet the maximum specifications detailed in this request. Proposals must be
made on Delinquent Collections that can be inspected, accepted and delivered in compliance
with the specifications herein.

This document comprises the complete description of the services for which this RFP has been
issued. No commitments for future purchases for this or any other project are implied and
responding firms should not infer any such intentions by the City of Lake Wales.

Qualified firms wishing to submit to the RFP are responsible for providing all services described in
this document, whether directly or through sub-consultants. The City of Lake Wales reserves the
right to approve or disapprove any sub-consultants. This does not, however limit the use of
qualified sub-consultants.

It is the City of Lake Wales’ belief that the services required are adequately described herein.
Therefore, any negotiated contract, which may result from this RFP, shall be inclusive of the
entire effort required to provide the services described. Specifically, no additional fees shall be
allowed for any additional services arising for any reasons whatsoever except those directly
attributable to the City of Lake Wales’ errors or omissions. A provision to this effect shall be
included in a negotiated contract.

PAYMENT/ COST/ EXPENSES

Method of Payment

No out of scope services shall be provided in the absence of prior, written authorization in the
form of a supplemental agreement and issuance of an appropriate amendment of the contract.

The City of Lake Wales will not pay a retainer or similar fee. The City of Lake Wales is not
responsible for any expenses that proposers may incur in preparing and submitting proposals
called for in this request.

Reimbursement of Out-of-Pocket Expenses

The City of Lake Wales will not pay for any out-of-pocket expenses, such as work processing,
photocopying, postage, per diem, travel expenses, and the like incurred by the proposer.

CONTRACT PERIOD

The term of the initial Contract shall be from April 1, 2009 to September 31, 2009.




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Contract renewal may be based upon satisfactory performance and funding as made available by
the City through its regular budgeting process on an annual basis. Total Contract period will not
exceed a period of four (4) consecutive years based on contract award for the first year and the
option to renew for three (3) additional one (1) year periods.

FORMAT FOR PROPOSAL

Title Page

Show the Request for Proposal subject, the name of your firm, address, telephone number, name
of contact person and date.

Table of Contents

Clearly identify the material by section and page number.

Letter of Transmittal

Limit to one (1) or two (2) printed pages.
         • Briefly state your firm’s understanding of the work to be done and provide a positive
             commitment to perform the work.

        •    Give the names of the persons who will be authorized to make representations for
             your firm, their titles, addresses and telephone number(s).

        •    The letter must be signed by an authorized representative of the company who has
             the authority to commit the company to their proposal as submitted.

Profile of Proposer

        •    State whether your organization is national, regional or local.

        •    State the location of the office from which your work is to be performed.

        •    Describe the firm including the size and provide resumes and job descriptions of the
             management staff, including supervisors or specialists who would be assigned to the
             project.

Summary of Proposer’s Qualifications

        •    Identify the project manager and each individual who will work as part of this project.

        •    Provide a list of similar projects with other government entities performed in the last
             five (5) years. The projects should be ranked on the basis of total staff hours.
             Indicate the scope of work, date, personnel involved, total hours and the name and
             telephone number of the customer.

        •    Attach a copy of your Standard Agreement for your firm’s services to governmental
             agencies, if applicable.

Project Understanding, Proposed Approach and Methodology

Describe your approach to performing the contracted work. This should include the following
points:

        •    Provide written procedures on collection techniques. Should the City of Lake Wales
             require, can specific changes be made to these procedures?

        •    Describe reporting capabilities. Provide sample reports. How frequently will reports
             be provided?



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        •     Provide information on dollar amount and percentage of collections actually returned
              to members in 2008.

        •     Describe information required to begin collection process. Can the City of Lake
              Wales report accounts to be collected in hard copy document? If not, how should
              information be provided?

        •     Provide a list of Credit Bureaus that uncollected debts will be reported to by your
              company. How often will these debts be reported to the bureaus?

        •     How long will you attempt to collect before reporting to credit bureaus? What is the
              minimum dollar amount to be reported to the credit bureau?

Summary of Proposer’s Fee Schedule

        •     Provide a contingency rate which your company will provide collection services to the
              City of Lake Wales.

        •     Provide any additional cost to provide collection services, i.e. membership fees,
              maintenance fees, etc.

        •     On a delinquent bill of $50.00, the City of Lake Wales would like to receive 100
              percent of the amount owed and have the collection cost passed on to the customer.
              What is the total dollar amount and actual percentage rate to be incurred by the
              customer?

EVALUATION

All proposals will be subject to a review and evaluation process. It is the intent of the City of Lake
Wales that all proposers responding to this RFP who meet the requirements shall be ranked in
accordance with the criteria established in these documents.

CRITERIA

Part                           EVALUATION CRITERIA                                  MAX POINTS
1           Summary of Fee Schedule                                                     45
1           Project Understanding, Proposed Approach and Methodology                    30
2           Summary of Proposer’s Qualifications                                        20
3           Completeness of the proposal and degree to which it responds to              5
            and complies with all the requirements and requests for
            information.
                             TOTAL POSSIBLE POINTS                                       100


In general, the City of Lake Wales wishes to avoid the expense (to the City and to presenting
firms) of unnecessary presentations. Therefore, the City will make every reasonable effort to
achieve the ranking using written submittals alone.




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                                            PROPOSAL FORM
                                             RFP NO. 09-165
                                       DELIINQUENT COLLECTIONS
                                              SHEET 1 OF 2

The undersigned hereby declares that after examining the Proposal Documents for which proposals were advertised to be
returned by Tuesday, March 17, 2009 at 2:00 p.m., does hereby submit a response to the proposal and warrants that:


                   a. She/He is an officer of the organization
                   b. She/He is authorized to offer a proposal in full compliance with all
                      requirements and conditions, as set forth in the RFP.
                   c. She/He has fully read and understands the RFP and has full knowledge of
                      the scope, nature, quantity and quality of the work to be performed; and the
                      requirements and conditions under which the work is to be performed.
                   d. If the proposal is accepted, a Purchase Order and/or Contract will be issued
                      as proposed subject to any revisions mutually agreed upon by the City and
                      the vendor.

In submitting this Proposal, Proposer represents as more fully set forth in the agreement, that
Proposer has examined copies of all the contract documents and of the following Addenda:

In submitting this Proposal, Proposer represents as more fully set forth in the agreement, that
Proposer has examined copies of all the contract documents and of the following Addenda:

Addendum No. _______, Dated ________                      Addendum No. ______, Dated ______

The City desires to accept submission of this response only if in so doing, the City can place a
limit on the City’s liability for any cause actions arising out of this solicitation, so the City’s liability
for any cause of action arising out of the solicitation never exceeds the sum of $100. Proposer
expresses its willingness to respond to this solicitation with the knowledge that the Proposer’s
recovery from the City to any action or claim arising out of this solicitation is limited to the
maximum amount of $100. Nothing contained within this solicitation is in any way intended wither
to be a waiver of the limitation placed upon the City liability as set forth in Section 768.28, Florida
Statutes, or to extend the City’s liability beyond the limits established in Section 768.28, Florida
Statutes, and as claims or award against the City shall include attorney’s fees, investigative costs,
expert fees or pre-judgment interests.

_____________________________                                       _______________________________
Authorized Signature                                                Address

_____________________________                                       _______________________________
Printed Name & Title                                                City, State, Zip Code

_____________________________                                       _______________________________
Company                                                             Telephone No.




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                                     PROPOSAL FORM
                                      RFP NO. 09-165
                                 DELINQUENT COLLECTIONS
                                       SHEET 2 OF 2

Item #                                      Description
   1     Contingency rate at which your company will provide collection services to the City of
         Lake Wales.




   2     List any additional cost required to provide collection services, i.e. membership fees,
         maintenance fees, etc. (List total here and attach a detailed list itemizing these
         costs with your RFP package.)



   3     List the total dollar amount and actual percentage rate to be incurred by the customer.




Price Adjustment – Years 2 – 5

Percentage Adjustment for Year 2 ______%        Percentage Adjustment for Year 3 ______%

Percentage Adjustment for Year 4 ______%        Percentage Adjustment for Year 5 ______%

Authorized Signature ___________________________________ Date________________




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                                      REFERENCES


                                                                      TELEPHONE
CLIENT/CUSTOMER NAME               CONTACT PERSON                      AND FAX
                                                                       NUMBER
                                                              (   )

                                                              (   )
                                                              (   )

                                                              (   )
                                                              (   )

                                                              (   )

Does Bidder have any similar work in progress at time of Bid Opening? Yes ____ No ____


             This Form Must Be Completed and Returned with our Submittal.




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                               DRUG-FREE WORK PLACE FORM

The undersigned Bidder in accordance with Florida Statute 287.087, hereby certifies that

______________________________________does:
          (Name of Business)

1.      Publish a statement notifying employees that the unlawful manufacture, distribution,
        dispensing, possession, or use of a controlled substance is prohibited in the workplace
        and specifying the actions that will be taken against employees for violations of such
        prohibition.

2.      Inform employees about the dangers of drug abuse in the workplace, the business’s
        policy of maintaining a drug-free workplace, any available drug counseling, rehabilitation,
        and employee assistance programs, and the penalties that may be imposed upon
        employees for drug abuse violations.

3.      Give each employee engaged in providing the commodities or contractual services that
        are proposed a copy of the statement specified in subsection (1).

4.      In the statement specified in subsection (1), notify the employees that, as a condition of
        working on the commodities or contractual services that are under bid, the employee will
        abide by the terms of the statement and will notify the employer of any conviction of, or
        plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled
        substance low of the United States or any state, for a violation occurring in the workplace
        no later than five (5) days after such conviction.

5.      Impose a sanction on, or require the satisfactory participation in a drug abuse assistance
        or rehabilitation program if such is available in the employee’s community, by any
        employee who is so convicted.

6.      Make a good faith effort to continue to maintain a drug-free workplace through
        implementation of this section.

As the person authorized to sign the statement, I certify that this firm complies fully with the above
requirement.


        _________________________________                           ___________________
                    Bidder’s Signature                                    Date


              This Form Must Be Completed and Returned with your Submittal.




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                                    STATEMENT OF NO BID
                                       BID NO. 09-165
                                  DELINQUENT COLLECTIONS

If your company does not intend to bid on this Procurement, please complete and return this form
prior to the date shown for receipt of bids to: CITY OF LAKE WALES, Purchasing Agent, P.O.
Box 1320, Lake Wales, FL. 33859-1320.

We, the undersigned, have declined to bid on the above referenced Request for Proposals for the
following reason(s):

____    Specifications are too “restrictive.” (please explain below)

____    Unable to meet specifications.

____    Specifications were unclear. (please explain below)

____    Insufficient time to respond.

____    We do not offer this type of product or equivalent.

____    Our production schedule would not permit us to perform.

____    Unable to meet bond requirements.

____    Other (please explain below)

REMARKS: __________________________________________________________________

____________________________________________________________________________


___________________________________                                _________________________
        Company Name                                                     Telephone


___________________________________                                _________________________
           Signature                                                        Fax

___________________________________                                _________________________
             Title                                                      Typed or Printed Name


_____________________________________________________________________________
Address                   City                      State              Zip




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