DEBT COLLECTION SERVICES REQUEST FOR PROPOSAL

DEBT COLLECTION SERVICES

REQUEST FOR PROPOSAL

SECTION A

TABLE OF CONTENTS

PAGE NO.

INVITATION TO PROPOSE

SECTION A: INTRODUCTION 1

1.0 CONTRACT: SCOPE AND STATEMENT OF WORK 1-5

2.0 CONTRACTOR REQUIREMENTS 5

3.0 GENERAL INFORMATION, TERMS AND CONDITIONS 5-10

4.0 PROPOSAL PREPARATION AND SUBMISSION 10-12

5.0 RIGHTS OF THE BREVARD COUNTY CLERK OF COURT 12-13

6.0 PROPOSED CONTINGENT FEE 13

7.0 REMITTANCE PROCEDURES: REPORTS 13

8.0 EVALUATION OF PROPOSALS 14

9.0 AWARD 15

SECTION B: SUMMARY OF BAD DEBT 16-17

SECTION C: INSURANCE AND INDEMNIFICATION REQUIREMENTS 18-19

SECTION D: SELECTION COMMITTEE REPRESENTATIVES 20

SECTION E: PROPOSAL CHECKLIST 21

ATTACHMENT 1 DRAFT DOCUMENT - CONTRACT FOR SERVICES

DEBT COLLECTION SERVICES

REQUEST FOR PROPOSAL

SECTION A

INTRODUCTION:

The Clerk of Court of Brevard County is requesting proposals from collection firms with experience in public

debt collection willing to undertake the collection of delinquent accounts. The Clerk typically turns over

accounts for collection after delinquent for a period of 90 days. The collection items may include, but are not

limited to:

• Animal Enforcement fines

• Civil/Dependency/Family fees

• Criminal fines and court costs

• Juror Contempt fines

• Juvenile fines and court costs

• Parking fines

• Public Defender fees and liens

• Traffic fines

The Clerk will award contracts to three (3) Contractors. Each Contractor will receive one-third of the initial

delinquent account placement. The awarded three (3) Contractors will pursue collection of assigned accounts

for periods of 180 days. The collection efforts of the three (3) Contractors will be evaluated every 180 days.

The Contractor with the highest collection return rate will be awarded a higher percentage of future delinquent

account placements. The remaining two (2) Contractors will be awarded a reduced percentage of future

delinquent account placements.

The evaluations will include an analysis of the collection rate return for each Contractor using date frames of

the debt. This will allow a better comparison of the collection activity by age of the debt. If it is determined that

one (1) of the Contractors is performing significantly better than the other two (2) Contractors at collecting the

older debt, the debt may be recalled from the lower performing Contractors and placed with the higher

performing Contractor.

A pre-proposal meeting is scheduled for October 25, 2011, at 9:30 a.m. Eastern Time, at the Brevard

Room, 518 South Palm Avenue, Titusville, FL 32780.

1.0 CONTRACT SCOPE AND STATEMENT OF WORK

The awarded Contractor must be prepared to devote substantial personnel time and resources to this

undertaking to assure a major, aggressive effort is made to collect the delinquent accounts without

undue delay and to report promptly, completely and accurately all collection activities. The Clerk

proposes to enter into a one (1) year contract with an option to renew up to four (4) additional one (1)

year periods with three (3) Contractors to undertake aggressive efforts to collect debts as described in

Section B. Any agreement entered into as a result of this Request for Proposal (RFP) is non-exclusive.

The services to be performed shall include the following:

1.0.1 Each Contractor shall undertake collection of delinquent accounts as described

in Section 1.0 and that are referred to the Contractor(s) no less than 90 days

after becoming delinquent.

1.0.2 Each Contractor must have the ability and resources for collecting in the State of

Florida as well as out-of-state collections.

1.0.3 Perform collection activities including, but not limited to, formally demanding

payment of each collection item and/or seeking an arrangement satisfactory to

the Clerk under which the collection item will be paid.

1.0.4 Each Contractor shall have the ability to accept and update daily adjustments to

amounts and/or due dates.

1.0.5 Each Contractor shall have the ability to accept and update daily recall requests.

1.0.6 Each Contractor shall have the ability to accept a previously recalled record back

as an active account.

1.0.7 Each Contractor shall provide the Clerk a periodic listing of address updates on

debtors when the Contractor locates and confirms validity of new addresses.

1.0.8 Collection shall be subject to all applicable federal, state, and local laws, rules,

and regulations.

1.0.9 Contractor shall provide electronic and prompt remittance of collections and all

collection substantiating documentation to the Clerk via a pipe delimited file.

1.0.9.1 Electronic transmission of previous day’s collection data shall be

received no later than 6 am the following morning.

1.0.9.2 Electronic funds transfer (EFT) shall be received once per week.

1.0.10 Each Contractor shall maintain appropriate records, including financial records

that can be audited.

1.0.11 Each Contractor shall provide easily accessible web access to real-time account

status by multiple Clerk staff simultaneously.

1.0.12 Each Contractor shall provide a summary of terms or abbreviations used on the

Contractor’s application to enable clerks to decipher activity on accounts.

1.0.13 Each Contractor shall provide periodic performance and management reports

detailing individual account information in accordance with Section 1.0.19.

1.0.14 Each Contractor shall initiate Credit Agency notifications any accounts as

previously approved by the Clerk.

1.0.15 Each Contractor shall not litigate or compromise any undisputed debt for less

than its full value.

1.0.16 Each Contractor shall submit any disputed amount to the Clerk for review and

research before continuing with the collection process.

1.0.17 Each Contractor shall refer any debt it deems to be collectible through litigation to

the Clerk for authorization to pursue further collection efforts.

1.0.18 The Clerk will review and have final editorial approval of all printed formats of

collection notices and telephone scripts used by the Contractor for collection of

past due accounts.

1.0.19 Each Contractor shall provide the following reports via a pipe delimited file to the

Clerk for each account assigned to the Contractor:

1.0.19.1 Acknowledgement Report – Number of files and dollar

amount received from the Clerk upon receipt of electronic file:

Weekly

1.0.19.2 Collection Report – Number of accounts/Listing of accounts

and amount remitted, and date of collection: Daily

1.0.19.3 Cancel and Return Report Inventory Listing: Weekly

1.0.19.4 Inventory Listing: Weekly

1.0.19.5 Credit Reporting Service Notification: Weekly

1.0.19.6 Other reports that may directly relate to the scope of services

or other such reports mutually agreed upon may be requested

as needed.

1.0.20 All payments shall be made directly to the Contractor(s). Each Contractor will

retain the collection fees and report the amounts with each transmittal of

collections to the Clerk.

1.0.21 Each Contractor will describe forms of payment allowed for payment by debtors.

If the Contractor allows payment by check, the Contractor will specify the period

for check clearance and remittance to the Clerk. The debtor will also be informed

of this time period.

1.0.22 Each Contractor shall be responsible for any insufficient funds accepted by the

Contractor.

1.1 Conflict of Interest

Any prospective Contractor must make an affirmative statement to the effect that a contract with their

firm, if selected, will not result in a conflict of interest with any party which may be affected under this

program. Alternatively, should any potential or existing conflict be known by a prospective Contractor,

said prospective Contractor must specify the party with which the conflict exists and whether

prospective Contractor would or would not step aside or resign from that engagement or representation

creating the conflict in favor of the Clerk.

1.2 Proposed Schedule

Issue Request for Proposal October 11, 2011

Pre-proposal Meeting October 25, 2011

Last day to submit questions or requests for clarification October 28, 2011

Proposal Closing Time and Date 11:00 a.m. EST

November 14, 2011

Evaluation Committee Review Proposals and Short List TBD

Oral Presentations to Committee and Ranking TBD

Presentation to Clerk Commission for Award TBD

1.3 Questions Concerning RFP/No Contact Provision

Contractors are hereby notified not to contact any member of the Selection Committee or any member

of the Clerk’s Office staff, except as provided herein regarding this proposal until such time, as a

contract has been awarded. All inquiries pertaining to this RFP shall be directed through the

Compliance & Collections Department. Failure to abide by this condition of the RFP may be cause for

rejection of the Contractor’s proposal.

Questions concerning any portion of this RFP shall be directed via email to

[email protected]

or in writing to Ms. Richardson who shall be the official point of

contact for this RFP. Questions should be submitted no later than October 28, 2011.

Mark envelope(s) and submit questions to:

QUESTION: RFP for Debt Collections Services

LeAnn Richardson

Compliance & Collections Department

Clerk of Court

P. O. Box 219 Fax: (321) 264-5228

Titusville, FL 32781-0219

1.4 Proposal Closing Date and Time

1.4.1 The original proposal and six (6) copies of the proposal must be received by the

Clerk no later than 1100 a.m. EST on November 14, 2011. Proposals received

after this time will not be considered.

1.4.2 The names of the firms submitting proposals will be read aloud at this time. No

details of the proposals will be released until the recommendation for award is

announced. (See also Section 3.9 Disclosure of Proposal Content

)

1.5 Delivery of Proposals

All proposals shall be sealed and delivered or mailed to (faxes will not be accepted):

Mark envelope(s):

RFP for Debt Collections Services

LeAnn Richardson, Compliance & Collections Department

Clerk of Court

P. O. Box 219

400 South Street, Suite 1B

Titusville, FL 32781-0219

Note** Please ensure that if you use a third party carrier (Federal Express, Airborne, UPS, USPS, etc.)

that they are properly instructed to deliver your proposal to the Compliance & Collections

Department at the above address. To be considered, a proposal must be accepted in the

Compliance & Collections Department prior to the RFP closing date and time. If the

proposal is delivered anywhere else, it may not reach the Compliance & Collections Department

in time.

1.6 Definitions

Contractor – The firm or agency awarded a contract in accordance with the Request for Proposal.

Clerk – The Clerk of Court of Brevard County, Florida.

1.7 Use by Other Governmental Organizations

Should another governmental organization in the State of Florida desire one or more of the herein

described Debt Collection Services through the cooperative use of any Agreement entered as a result

of this Request for Proposal, the Contractor may provide such service(s) to such organization for the

same compensation outlined in the Agreement. Notwithstanding any provision to the contrary, the

Clerk shall not be responsible for the provision of staff or the costs of such services. Any other

governmental organization shall be responsible for execution of its own requirements with the

Contractor.

2.0 CONTRACTOR REQUIREMENTS

2.0.1 The awarded Contractors shall have sufficient personnel available to proceed

promptly and simultaneously for the collection of all collection items.

2.0.2 Personnel devoted to this collection effort shall be competent, qualified, and

experienced to assure an aggressive, vigorous collection effort with a substantial

likelihood of success. Personnel profiles shall be submitted.

2.0.3 The awarded Contractors must have sufficient financial capacity, working capital,

and other financial, technical, and management resources to perform the

contract. Evidence of financial stability as indicated by the latest audited financial

statement will be an important aspect of this evaluation (no older than 18

months). In addition, the Contractors should supply the previous year's audited

financial statement. Financial references such as banks or other lending

agencies having knowledge of your credit history will be another important aspect

of this evaluation.

2.0.4 During the term of the contract, the awarded Contractors shall provide, pay for,

and maintain with companies satisfactory to the Clerk, insurance as described in

Section C. Proof of registration required of a consumer and commercial

collection Contractor to do business in the State of Florida will be required with

the submission of your proposal.

2.0.5 The awarded Contractors shall have sufficient information technology capabilities

to provide the Clerk with detailed and timely reports indicating collection efforts

and monies recovered. Reports shall be provided pursuant to the

aforementioned schedule (see 1.0.22) and upon request.

3.0 GENERAL INFORMATION, TERMS AND CONDITIONS

3.1 Americans with Disabilities Act

In accordance with the Americans with Disabilities Act and Section 286.26, F.S., persons with

disabilities needing special accommodations to participate should contact the Clerk’s Office no later

than 48 hours prior to any meeting at 321-637-6500 ext. 49182 for assistance.

3.2 Clarification and Addenda

3.2.1 It is incumbent upon each respondent to carefully examine these specifications,

terms, and conditions. Any inquiries, suggestions or requests concerning

interpretation, clarification, or additional information shall be made in writing

(facsimile transmissions acceptable) through the person listed above. The Clerk

shall not be responsible for any oral representation(s) given by any employee,

representative or others. The issuance of a written addendum is the only

official

method whereby interpretation, clarification, or additional information can be

given.

3.2.2 If it becomes necessary to revise or amend any part of this RFP, notice shall be

given to all prospective Contractors who were sent a RFP. Failure to

acknowledge receipt of amendments by the Contractors in their proposal may be

cause for rejection of the proposal. It is incumbent upon each Contractor to

ensure that they have received all addendum and amendments to this RFP

before

submitting their proposals.

3.3 Proposal Format

3.3.1 This RFP requires a detailed proposal that includes all information requested, as

outlined in Section 2.0, Contractor Requirements. An original, marked

"ORIGINAL", and six (6) copies, each marked "COPY", are required (seven

total proposal packages). Failure to provide the required number of copies

may disqualify the proposal.

3.3.2 The original proposal must be signed by an official authorized to legally bind the

Contractor to its provisions and shall contain a statement that the proposal shall

remain valid for at least ninety (90) calendar days from the proposal closing date.

3.3.3 Terms and conditions differing from those in this RFP shall be cause for

disqualification of the proposal.

3.4 Incurred Expenses

This RFP does not commit the Clerk to award a contract, nor shall it be responsible for any cost or

expense which may be incurred by the Contractor in preparing and submitting the proposal called for in

this RFP, or any cost or expense incurred by the Contractor prior to the execution of a contract

agreement.

3.5 Proposal Acceptance/Rejection

The Clerk reserves the right to accept or reject any or all proposals received as a result of this RFP, or

to negotiate separately with any Contractor, and to waive any informalities, defects, or irregularities in

any proposal, or to accept that proposal or proposals, which in the judgment of the proper officials, is in

the best interest of the Clerk.

3.6 Post Bid Discussions with Contractors

It is the Clerk's intent to commence final contract negotiations with the Contractors deemed most

advantageous to the Clerk in accordance with the evaluation criteria specified elsewhere in this RFP.

The Clerk reserves the right, however, to conduct post-bid discussions with any Contractor possessing

a realistic possibility of contract award including request for additional information and request for "best

and final" offers.

3.7 Presentations by Contractors

The Clerk, at its sole discretion, may ask any Contractor to make an oral presentation and/or

demonstration without charge to the Clerk. The Clerk reserves the right to require any Contractor to

demonstrate to the satisfaction of the Clerk that the Contractor has the fiscal and technical ability to the

services as proposed. The demonstration must satisfy the Clerk and the Clerk shall be the sole judge of

compliance.

3.8 Governing Laws

Except to the extent Federal law is applicable, the interpretation, effect and validity of any contract(s)

resulting from this RFP shall be governed by the laws and regulations of the State of Florida. Venue of

any court action shall be in Brevard County. In the event that a suit is brought for the enforcement of

any term of the contract, or any right arising there from, the parties expressly waive their respective

rights to have such action tried by jury trial and hereby consent to the use of non-jury trial for the

adjudication of such suit.

3.9 Disclosure of Proposal Content

3.9.1 All proposals shall be held confidential to the extent permitted by law from parties

other than the Clerk until the recommendation for award is made.

3.9.2 Brevard County is governed by the Public Record Law, Chapter 119, Florida

Statutes. Only trade secrets as defined in Section 812.081 Florida Statutes shall

be exempt from disclosure. In the event that a Contractor submits trade secret

information, the information must be clearly labeled Trade Secret. The Clerk will

maintain the confidentiality of such trade secrets to the extent provided by law.

3.9.3 All material submitted becomes the property of the Clerk and may be returned

only at the Clerk's option. The Clerk has the right to use any or all ideas

presented in any reply to this RFP. Selection or rejection of any proposal does

not affect this right.

3.10 Minimum Requirements

The attached requirements, Section 1.0, Scope of Service and Section 2.0, Contractor Requirements,

are the minimum performance requirements for this proposal. They are not intended to limit competition

nor specify any particular Contractor. All proposals shall be considered having met or exceeded each

item listed in the scope of work unless specifically otherwise noted. Any exceptions or alternates must

be clearly identified and explained in writing and included in the proposal.

3.11 Contract

3.11.1 The content of this RFP, all addenda, and all provisions of the successful

proposal deemed pertinent by the Clerk may be incorporated into a contract and

become legally binding.

3.11.2 The initial term of the ensuing contract(s) shall be for one (1) year following

award. The contract(s) may be renewed for up to four (4) additional one-year

periods under the same terms and conditions, with the mutual consent of the

Clerk and the Contractor(s).

3.11.3 If the Contractor fails to properly perform the conditions of the contract, in the

sole opinion of the Clerk, the Clerk will communicate to the Contractor in writing

the problem(s) that exist. The Contractor shall have up to ten (10) calendar days

to rectify the problem(s). If the same or other problems persist or recur, the Clerk

may immediately cancel the contract by advising the Contractor in writing.

3.11.4 The Clerk reserves the right to cancel the contract without cause with a minimum

thirty (30) days written notice.

3.11.5 Termination or cancellation of the contract shall not relieve the Contractor of any

obligations for any deliverables entered into prior to the termination of the

contract (i.e. reports, statements of accounts, etc., required and not received).

3.11.6 Termination or cancellation of the contract shall not relieve the Contractor of any

obligations or liabilities resulting from any acts committed by the Contractor prior

to the termination of the contract.

3.12 Right to Audit Records

In the performance of this Agreement, the Contractor shall keep books, records, and accounts of all

activities related to the Agreement in compliance with generally accepted accounting procedures. All

documents, papers, books, records and accounts made or received by the Contractor in conjunction

with the Agreement and the performance of this Agreement shall be open to inspection during regular

business hours by an authorized representative of the office and shall be retained by the Contractor for

a period of three (3) years after termination of this Agreement, unless such records are exempt from

Section 24(a) of Article I of the State Constitution and Section 119.07(1) Florida Statutes.

3.13 Award

The Clerk reserves the right to award the contracts to the Contractors which the Clerk deems to offer

the best overall proposal(s). The Clerk is therefore not bound to accept a proposal on the basis of

lowest price and further, the Clerk has the sole discretion and reserves the right to cancel this RFP, and

to reject any and all proposals, to waive any and all informalities and/or irregularities, or to re-advertise

with either the identical or revised specifications, if it is deemed to be in the Clerk's best interests to do

so.

3.14 Evaluation Process

3.14.1 A Selection Committee will evaluate proposals. The Compliance & Collections

Department will be responsible for the evaluation process and LeAnn Richardson

will be the sole point of contact for all Contractors. In addition to the materials

provided in the written responses to this RFP, the Selection Committee may

request additional material, information, or references from the Contractor or

from others.

3.14.2 The overall perspective of the Selection Committee will be the examination of

each response to determine how effectively it satisfies the RFP within the

guidelines listed below in the context of providing the services that maximizes the

benefits and minimizes costs to the Clerk.

3.14.3 The evaluations will be completed in a two-step process. In step one (1); the

Selection Committee will evaluate all responsive proposals based upon the

information and references contained in the proposals as submitted. The

Committee will score and rank all responsive proposals and determine a short list

to be finalists for further consideration. In step two (2); the Committee may hear

presentations from the short list of finalists and re-score and rank the finalists for

final determination of award.

3.15 Licenses and Certificates

Each Contractor must be licensed to do business in its area of expertise in the State of Florida. Each

contractor shall submit with their proposal a copy of such required licenses and shall maintain the

appropriate licenses and certificates during the term of the contract and any extensions. Failure to

maintain these requirements shall be cause for immediate termination of the contract.

3.16 Insurance

Each Contractor shall maintain the appropriate insurance(s) required to perform the respective

operation(s) and activities proposed as required by State Statutes and regulations. Each Contractor

shall have a minimum of $1,000,000 in professional liability coverage.

3.17 Duty of Continuing Disclosure of Legal Proceedings

Commencing after the effective date of the contract, the Contractor must disclose any pending or prior

civil or criminal litigation, investigations, arbitration, or proceedings including voluntary or involuntary

bankruptcy, involving the Contractor (and each Subcontractor) or any of its officers or directors

(Proceeding) in a written statement to the Contract Manager within 15 days after the effective date of

the contract or of its occurrence. Details of settlements that are prevented from disclosure by the terms

of the settlement may be annotated as such.

In the event that any such Proceeding reported pursuant to this section or Proceedings of which the

Clerk otherwise becomes aware, during the term of the contract, causes the Clerk to be concerned

about:

3.17.1 The Contractor’s (or Subcontractor’s) financial stability and ability to perform the

contract in accordance with its terms and conditions, and

3.17.2 Whether the Contractor (or Subcontractor) in performing services for the Clerk is

engaged in conduct which is similar in nature to conduct alleged in such

Proceeding, which conduct would constitute a breach of the contract or a

violation of Florida law, regulations or public policy.

The Contractor shall be required to provide the Clerk all reasonable assurances requested by the Clerk

to demonstrate that:

3.17.3 The Contractor (and/or Subcontractor) will be able to perform the contract in

accordance with its terms and conditions and

3.17.4 The Contractor (and/or Subcontractor) has not and will not engage in conduct in

performing services for the Clerk which is similar in nature to the conduct alleged

in such Proceeding.

3.18 On-Site Inspection

The Clerk reserves the right to conduct on-site inspection of all collection locations prior to the awarding

of the subject contract. The inspection will be for the purpose of verifying the Contractor’s ability to

perform the services required under this contract.

3.19 Assignment

Any contracts awarded and issued pursuant to this RFP are not assignable, except with the written

authorization by the Clerk.

3.20 Contractor's Responsibility

A Contractor, by submitting a proposal, represents that:

3.20.1 The Contractor has read and understands the RFP and the proposal is made in

accordance therewith, and

3.20.2 The Contractor is familiar with the local conditions under which this contract must

be performed. The contractor possesses the capabilities, resources, and

personnel necessary to provide efficient and successful service to the Clerk, and

3.20.3 It is understood and the Contractor agrees that the Contractor shall be solely

responsible for all services provided. Notwithstanding the details presented in

the RFP, it is the responsibility of the Contractor to verify the completeness of the

requirements and its suitability to meet the intent of this RFP.

3.21 Representations

The Contractor shall take all precautions that are reasonable, customary, and commercially practical to

avoid providing the Clerk with any software that contains or introduces a virus which contaminates or

damages the Clerk’s equipment or its mainframe, network, personal computing or other operating

environments, hardware including the hardware or software of any third party authorized to be

connected to the Clerk’s computing environments.

4.0 PROPOSAL PREPARATION AND SUBMISSION

Each proposal shall include such information solicited in this RFP, plus any additional data that the

Contractor deems pertinent to the understanding and evaluating of the proposal. Proposals shall be

organized and sections tabbed in the order indicated below. The Contractor should not withhold any

information from the written response in anticipation of presenting the information orally or in a

demonstration, since oral presentations or demonstrations may not be solicited. This section must be

prepared in a clear and concise manner and should thoroughly address each of the categories listed in

Section 8.1 - Evaluation Criteria.

All proposals shall be submitted in a font size of not less than 9 (nine) and include at a minimum:

4.1 Tab 1 - Contractor Profile

An executive summary highlighting the qualifications of your firm must be submitted. This should

include a brief resume of all partners and associates by whom the services are to be provided. The

summary should also include a named officer of the company who will be the single point of contact for

the Clerk to address questions or issues relating to the performance of the contract. A short corporate

history of the company shall be submitted limited to five (5) pages.

4.1.1 List the name, business address, and telephone number of the individual that will

act as the program manager for this contract. Provide a brief resume of the

individual's background and skills in managing similar projects.

• Years of experience within the area of specialty

• Length of and type of service with the firm

• Knowledge of local government debt collection

• Education and formal training

4.1.2 Names, qualifications, and experience of those persons who will be assigned to

work both directly and indirectly with or consult with Clerk staff. Individuals'

resumes should include:

• Years of experience within the area of specialty

• Length of and type of service with the firm

• Knowledge of local government debt collection

• Education and formal training

4.1.3 Experience of the firm and staff with municipal and local government debt

collection issues.

• Experience in public debt collection within the State of Florida

• Knowledge of federal, state, and local laws, rules, and regulations

4.1.4 Technical resources available to the Contractor in the pursuit of the collection of

accounts.

4.2 Tab 2 - References

Each Contractor shall provide at least three (3) references of local or municipal government accounts

for which the Contractor has provided the same or similar services during the past three (3) years

limited to three (3) pages. Each reference shall include, at a minimum:

• Name and full address of organization

• Contact person for contract

• Contact person of the procurement authority

• Telephone number(s)

• Date of initiation of contract

• Brief summary comparing the referenced system to this proposed system

The Clerk, at its discretion, may contact any or all references listed or any other references known by

the Clerk to have conducted business with the Contractor. Failure to provide references may disqualify

the proposal.

4.3 Tab 3 - Work Plan

4.3.1 A work plan must be submitted, detailing your specific plans for effecting

collection of the items described in Section B limited to ten (10) pages. The work

plan should include:

• Identification of the key elements of the plan

• Identification of the services provided under the plan

• A discussion of the specific steps to be followed in seeking arrangements for

payment of collection items without the need to levy execution or proceed with

foreclosure. Discussion should include steps relative to both secured and non-

secured debt and any specialized actions relevant to the needs of the Clerk.

• A discussion of the type of auditable financial records that will be maintained.

• A discussion of the remittance procedure required by Section 7.0.

• Explanation of your firm’s technical resources and ability to provide information

from the Florida Secretary of State, Department of Motor Vehicles, Division of

Driver's Licenses, and all other sources of information. Also provide

information on technical resources which would allow the Clerk to provide

automated transmittal information to the Contractor and for the Clerk to receive

payment transmittal information.

• Describe any electronic communication capabilities including receipt of

payments from delinquent accounts via the Internet. Describe method of

transfer of collections to the Clerk.

4.3.2 Provide a timeline for implementation of the plan.

4.4 Tab 4 - Authorized Signature

Your proposal shall be signed in the name of your firm by a general partner or by any other authorized

representative. This section shall also contain the signed and notarized Proposal Invitation/Proposer

Acknowledgement form and completed Insurance/Indemnification form.

4.5 Tab 5 - Compensation

4.5.1 Information on the desired compensation for services provided described in

Section 6.

4.5.2 Description of any additional costs the Clerk might expect to pay for collection

services outside those indicated in the Work Plan.

4.6 Tab 6 - Conflict of Interest Disclosure/No Contact Provision

All Contractors shall properly complete, have notarized, and attach with their proposal a statement as to

their compliance with the Conflict of Interest Disclosure (Section 1.1) and the No Contact Provision

(Section 1.3).

4.7 Tab 7 - Financial Stability

Indication of financial capacity to undertake the scope of services as indicated. Contents of this section

should include all documentation and information as described in Section 2.0.3.

4.8 Tab 8 - Sample Reports

Provide samples of reports to the Clerk as described in Section 7.0.

5.0 RIGHTS OF THE BREVARD COUNTY CLERK OF COURT

The Brevard County Clerk of Court reserves the right to:

5.0.1 Reject any or all of the proposals.

5.0.2 Issue a subsequent Request for Proposal.

5.0.3 Cancel the entire Request for Proposal.

5.0.4 Remedy technical errors in the Request for Proposal process.

5.0.5 Establish a short list of Contractors eligible for oral presentations after review of

proposals.

5.0.6 Award of a contract under this Request for Proposal establishes an exclusive

agreement for the indicated services and does not preclude the Clerk from

entering additional and/or separate contracts for similar services.

This Request for Proposal does not commit the Clerk to accept any proposal, nor does it obligate the

Clerk to pay for any costs incurred in preparation and submission of proposals or in anticipation of a

contract. The Clerk reserves the right to contract with any Contractor based solely on its judgment of

the evaluation criteria.

6.0 PROPOSED CONTINGENT FEE

Fees shall be proposed as percentages of gross collections of collection items. Such percentages may

vary depending on the amount of the collection item to be collected and on the expected amount of

work involved in effecting collection.

Fees shall be charged only as a percentage of the gross amount of collection items actually collected.

Such fees shall be paid only with respect to the amounts of collections actually remitted to the Clerk.

The Clerk will not award a fixed fee account.

The awarded Contractors are authorized to add an additional percentage as allowed under Section

28.246(6) Florida Statutes to offset collection costs on specific court fines and fees. The full or partial

payment amount of the delinquent account will be remitted to the Clerk upon collection. The Clerk shall

not be responsible for fees for checks returned for non-sufficient funds.

Discussion of fees should include any distinction in fees regarding those accounts requiring legal action

versus those not requiring legal action.

7.0 REMITTANCE PROCEDURES: REPORTS

7.0.1 Each proposal should provide a remittance procedure as follows:

7.0.1.1 As full or partial payment of collection items are collected by the

awarded Contractors, they shall be remitted to the Clerk weekly.

Each proposal should state how contingent fees will be paid.

7.0.1.2 Each remittance shall be accompanied by a dated report which,

as to each collection item included in the remittance, shall state

the name of the debtor, amount collected, amount remitted,

unpaid balance of the collection item, and case or other

identifying number or information.

7.0.2 In addition to reports to be submitted with remittances, each proposal shall

provide that reports stating the status of collection efforts shall be submitted

monthly.

8.0 EVALUATION OF PROPOSALS

A Selection Committee will evaluate proposals. The Compliance & Collections Department will be

responsible for the evaluation process and LeAnn Richardson will be the sole point of contact for all

Contractors. In addition to the materials provided in the written responses to this RFP, the Selection

Committee may request additional material, information, or references from the Contractor(s) or from

others.

The overall perspective of the Selection Committee will be the examination of each response to

determine how effectively it satisfies the RFP within the guidelines listed below in the context of

providing the services that maximizes the benefits and minimizes costs to the Clerk.

Each team member will evaluate their copy of the proposal independent of the others and provide a

score on each section of the Technical proposal, based on quality, adequacy, professionalism, and

sufficiency of presentation.

8.1 Evaluation Criteria

8.1.1 Experience/Expertise - 30%

This criterion shall be evaluated on the basis of the firm's experience, references

submitted and specialization in areas that are relevant to the services described

in this Request for Proposal.

8.1.2 Proposal Components - 20%

This criterion shall be evaluated on the basis of submission of all required

documentation, the adequacy and quality of the technical elements of the

proposal, and the content/presentation of the document.

8.1.3 Resources - 25%

This criterion shall be evaluated on the basis of numbers of competent staff

available to perform the services. Personnel profiles for employees who will work

on the Clerk's contract shall be submitted. Computer capability as described in

Section 4.0.

8.1.4 Financial Capacity - 15%

This criterion shall be evaluated on the basis of financial capacity to undertake

this collection effort. Evidence of financial stability as indicated by the latest

audited financial statement will be an important aspect of this evaluation (no

older than 18 months). In addition, Contractor(s) should supply the previous

year's audited financial statement. Financial references such as banks or other

lending agencies having knowledge of your credit history will be another

important aspect of this evaluation.

8.1.5 Proposed Contingent Fee - 10%

As described in Section 6.0.

9.0 AWARD

Subject to the reservation of rights in Section 5.0, an award shall be made to the Contractor(s) whose

proposal conforms to this RFP and is most advantageous to the Clerk. All proposals shall be valid for

120 days after the proposal opening.

Until a formal notice of award is issued by the Clerk, no communication by the Clerk, either written or

oral, shall be interpreted as a promise that an award will be made.

DEBT COLLECTION SERVICES

REQUEST FOR PROPOSAL

SECTION B

SUMMARY OF BAD DEBT

Transfer of delinquent accounts currently placed with our primary and secondary debt contractors will occur 90

days from the effective date of the new contracts. All accounts currently placed with the exception of those

accounts on a payment arrangement will be transferred accordingly:

• Approximately $7,600,000 from our Primary Debt Contractor will be split between the three (3)

Contractors

• Approximately $55,000,000 from our Secondary Debt Contractor will be split between the three (3)

Contractors

The total amount of outstanding debt currently placed with collections as of October 1, 2011 is as follows:

Number of Cases Dollar Amount

CF Felony 46,080 $19,728,078.15

CO County Ordinance 687 116,670.22

CT Criminal Traffic 55,880 14,085,888.78

IN Civil Infraction 19,697 1,977,075.25

MM Misdemeanor 79,632 14,631,590.32

MO Municipal Ordinance 3,457 633,708.40

TR Civil Traffic 85,788 11,490,443.81

CA Circuit Civil 379 33,603.58

CC County Civil 272 18,644.37

CP Probate 5 712.33

DR Domestic Relations 1,593 389,745.91

GA Guardianship 333 22,541.58

SC Summary Claims 928 50,264.98

Grand Total 294,731 $63,178,967.68

The total amount of outstanding debt that is greater than 5 years old but less than 10 years old is as follows:

CF Felony 15,012 $ 5,867,682.88

CO County Ordinance 206 31,295.71

CT Criminal Traffic 13,045 3,564,827.58

IN Civil Infraction 6,075 716,707.76

MM Misdemeanor 18,648 3,441,786.04

MO Municipal Ordinance 565 94,065.10

TR Civil Traffic 20,039 2,332,724.81

CA Circuit Civil 92 8,940.58

CC County Civil 86 4,480.37

DR Domestic Relations 279 56,310.43

SC Small Claims 116 8,004.58

Grand Total 74,163 $16,126,825.84

The total amount of outstanding debt that is greater than 10 years old but less than 15 years old is as follows:

Number of Cases Dollar Amount

CF Felony 10,402 $ 4,502,273.95

CO County Ordinance 122 16,899.44

CT Criminal Traffic 8,912 1,824,520.81

IN Civil Infraction 2,828 273,128.68

MM Misdemeanor 19,426 2,812,732.96

MO Municipal Ordinance 562 78,761.65

TR Civil Traffic 11,445 1,361,415.83

DR Domestic Relations 2 356.00

SC Small Claims 5 576.00

Grand Total 53,704 $ 10,870,665.32

The total amount of outstanding debt than is greater than 15 years old is as follows:

CF Felony 6,544 $ 3,023,902.48

CO County Ordinance 70 6,069.33

CT Criminal Traffic 7,528 1,183,801.65

IN Civil Infraction 1,583 99,890.18

MM Misdemeanor 11,541 1,541,739.10

MO Municipal Ordinance 529 49,259.51

TR Civil Traffic 4,753 534,241.97

DR Domestic Relations 2 704.00

Grand Total 32,550 $ 6,439,608.22

All accounts not in collection status as of the effective date of the contracts will be split between the three (3)

Contractors as they become eligible for collection. We currently place between $75,000 and $100,000 per

week. The breakdown of an average week is as follows

CF Felony 46 $ 13,102.40

CO County Ordinance 1 418.06

CT Criminal Traffic 87 22,551.09

IN Civil Infraction 21 1,893.58

MM Misdemeanor 69 13,479.12

MO Municipal Ordinance 3 932.34

TR Civil Traffic 124 24,322.78

CA Circuit Civil 36 2,075.75

CC County Civil 24 1,479.63

CP Probate 2 275.00

DR Domestic Relations 7 1,310.69

SC Summary Claims 34 1,819.93

DP Dependency 6 337.50

Grand Total 460 $ 83,997.87

DEBT COLLECTION SERVICES

REQUEST FOR PROPOSAL

SECTION C

INSURANCE AND INDEMNIFICATION REQUIREMENTS

MINIMUM INSURANCE REQUIREMENTS

1.0 Prior to the time Contractor is entitled to commence any part of the project, work, or services

under this contract, Contractor shall procure, pay for, and maintain at least the following

insurance coverage and limits. Said insurance shall be evidenced by delivery to the Clerk of

(1); certificate of insurance executed by the insurers listing coverage and limits, expiration

dates, and terms of policies and all endorsements whether or not required by the Clerk, and

listing all carriers issuing said policies and (2); a certified copy of each policy, including all

endorsements. The insurance requirements shall remain in effect throughout the term of this

contract.

1.0.1 Professional Liability Insurance

(including Errors and Omissions) with

minimum limits of $1,000,000 per occurrence, if occurrence form is

available; or claims made form with "tail coverage" extending three (3)

years beyond completion and acceptance of the project with proof of "tail

coverage". Contractor shall submit annually to the Clerk a current

Certificate of Insurance proving claims made insurance remains in force

throughout the same three (3) year period.

1.0.2 Comprehensive Insurance covering employee dishonesty and theft,

disappearance and destruction of money, and securities with minimum

limits of $250,000 per occurrence.

1.1 Each insurance policy shall include the following conditions by endorsement to the policy:

1.1.1 Each policy shall require that thirty (30) days prior to expiration,

cancellation, non-renewal or any material change in coverage or limits, a

notice thereof shall be given to the Clerk by certified mail to the Contract

Manager, Compliance & Collections Department, P. O. Box 219,

Titusville, FL 32781-0219. Contractor shall also notify the Clerk, in a like

manner, within twenty-four (24) hours after receipt, of any notices of

expiration, cancellation, non-renewal or material change in coverage

received by said Contractor from its insurer; and nothing contained herein

shall absolve Contractor of this requirement to provide notice.

1.1.2 Companies issuing the insurance policy or policies shall have no recourse

against the Clerk for payment of premiums or assessments for any

deductibles which all are at the sole responsibility and risk of Contractor.

1.1.3 The term "Clerk" or “Clerk of Court" shall include all authorities, divisions,

departments, and offices of the Clerk and individual members, employees

thereof in their official capacities, and/or while acting on behalf of Clerk.

1.1.4 The policy clause "Other Insurance" shall not apply to any insurance

coverage currently held by the Clerk to any such future coverage.

1.2 Contractor hereby waives subrogation rights for loss or damage against the Clerk.

1.3 The insurance coverage enumerated above constitutes the minimum requirements and shall in

no way lessen or limit the liability of the Contractor under the terms of the contract.

INDEMNIFICATION

The Contractor agrees to indemnify and hold harmless the Clerk and their employees from all claims,

losses and expenses, including attorney's fees, arising out of or resulting from the performance of the

products or services to be contracted, provided such claim, damage, loss or expense (1); is attributable

to bodily injury, sickness, disease, death, or personal injury, or to property damage, including loss of

use resulting there from, and (2); is caused in whole or in part by any negligent act or omission of the

Contractor, any Subcontractor or any or their employees, or arises from a job related injury. The

Contractor acknowledges adequate consideration for this agreement.

ACCEPTED BY:

Contractor Name____________________________________________________________

Address___________________________________________________________________

Authorized Signature_________________________________________Date ____________

Print Name ________________________________________________________________

Telephone Number ___________________ Fax Number____________________________

DEBT COLLECTION SERVICES

REQUEST FOR PROPOSAL

SECTION D

SELECTION COMMITTEE REPRESENTATIVES

Mitch Needelman, Clerk of Court (or designee)

Laurie Rice, Chief Deputy Clerk (or designee)

Sean Campbell, Chief Deputy Clerk (or designee)

Michael McDaniel, Finance Director (or designee)

Aetna Brannen, Compliance & Collections Supervisor (or designee)

Charlene Amos, Assistant Compliance & Collections Supervisor (or designee)

DEBT COLLECTIONS SERVICES

REQUEST FOR PROPOSAL

SECTION E

PROPOSAL CHECKLIST

The items indicated are required for submission with your proposal. Failure to submit any of the items

may result in rejection of the proposal.

1. Signed/Notarized Proposal Acknowledgement (Section 4.4)

2. Conflict of Interest Disclosure/No Contact Provision (Section 1.1 & Section 1.3)

3. Proof of Registration to do business in the State of Florida (Section 2.0.4)

4. List of references (Section 4.2)

5. Financial Statements and Proof of Financial Capacity (Section 2.0.3)

6. Completed Insurance/Indemnification Form (Section C)

7. One (1) original proposal marked “Original” and six (6) copies marked “Copy” (Section 1.4)

ATTACHMENT 1

DRAFT DOCUMENT

CONTRACT FOR SERVICES

THIS AGREEMENT by and between the Clerk of Court of Brevard County, Florida, a political

subdivision of the State of Florida (hereinafter the “Clerk”), and __________ having its primary

business location at, _________ (hereinafter the “Contractor”).

WITNESSETH

WHEREAS, the Clerk is desirous of obtaining the services of an experienced, knowledgeable, and

qualified firm to perform debt collection services in accordance with all applicable federal, state, and

local laws, rules and regulations, and

WHEREAS, the provision of such services shall mutually benefit the parties hereto and the residents of

Brevard County, Florida,

NOW THEREFORE, in consideration of the covenants herein contained, it is mutually agreed between

the parties as follows:

1. SCOPE OF THE WORK: The Request for Proposal (RFP) document, any addenda, and the

proposal submitted by the Contractor are hereby incorporated by reference into this Agreement.

Unless modified by this Agreement or future amendments to this Agreement, the terms and

conditions of those documents will be binding on the parties. The Contractor shall furnish all

labor, materials, equipment, machinery, tools, apparatus, and transportation as needed to

perform the following services:

a. The Contractor shall undertake collection of delinquent accounts no less than 90 days

after becoming delinquent.

b. The Contractor shall have the ability and resources for collecting in the State of

Florida as well as out-of-state collections.

c. The Contractor shall perform collection activities including, but not limited to, formally

demanding payment of each collection item and/or seeking an arrangement

satisfactory to the Clerk under which the collection item will be paid.

d. The Contractor shall have the ability to accept and update daily adjustments to

amounts and/or due dates.

e. The Contractor shall have the ability to accept and update daily recall requests.

f. The Contractor shall have the ability to accept a previously recalled record back as an

active account.

g. The Contractor shall provide the Clerk a periodic listing of address updates on

debtors when the Contractor locates and confirms validity of new addresses.

h. The Contractor shall be responsible for performing collection activities subject to all

applicable federal, state, and local laws, rules, and regulations.

i. The Contractor shall provide electronic and prompt remittance of collections and all

collection substantiating documentation to the Clerk.

i. Electronic transmission of previous day’s collection data shall be received

no later than 6 am the following morning.

ii. Electronic funds transfer (EFT) shall be received once per week.

j. The Contractor shall provide maintenance of appropriate records, including financial

records that can be audited.

k. The Contractor shall provide easily accessible web access to real-time account status

by multiple Clerk staff simultaneously.

l. The Contractor shall provide a summary of terms or abbreviations used on the

Contractor’s application to enable clerks to decipher activity on accounts.

m. The Contractor shall provide the Clerk periodic performance and management reports

detailing individual account information.

n. The Contractor shall initiate Credit Agency notifications for any accounts as

previously approved by the Clerk.

o. The Contractor shall not litigate or compromise any undisputed bill for less than its full

value.

p. The Contractor shall submit any disputed amount to the Clerk for review and research

before continuing with the collection process.

q. The Contractor shall refer all debts it deems to be collectible through litigation to the

Clerk for authorization to pursue further collection efforts.

r. The Clerk will review and have final editorial approval of all printed formats of

collection notices and telephone scripts used by the Contractor for collection of past

due accounts.

s. The Contractor shall provide the following reports electronically to the Clerk for each

account assigned to the Contractor:

i. Acknowledgement Report – Number of files and dollar amount received

from the Clerk upon receipt of electronic file: Weekly

ii. Collection Report – Number of accounts/Listing of accounts and amount

remitted, and date of collection: Daily

iii. Cancel and Return Report Inventory Listing: Weekly

iv. Inventory Listing: Weekly

v. Credit Reporting Service Notification: Weekly

vi. Other reports that may directly relate to the scope of services or other

such reports mutually agreed upon may be requested as needed.

t. All payments shall be made directly to the Contractor. The Contractor will retain the

collection fees and report the amounts with each transmittal of collections to the

Clerk.

u. The Contractor will describe forms of payment allowed for payment by debtors. If the

Contractor allows payment by check, the Contractor will specify the period for check

clearance and remittance to the Clerk. The debtor will also be informed of this time

period.

v. The Contractor shall be responsible for any insufficient funds accepted by the

Contractor.

2. COLLECTION DATA: The Clerk shall furnish or provide the Contractor with the

following:

a. Provide name, case number(s), last known address, date of birth, social security

number, mail forwarding information, etc., if known, from the information currently

available to the Clerk.

b. Provide access to the Contractor, with proper notification, to all reports concerning

any of the collection items.

c. Case information will be electronically transmitted via a pipe delimited file to the

Contractor.

3. TERM: The term of the Agreement shall begin ______ and continue through _____. The Clerk

shall have the option to renew this Agreement with 60 days prior written notice for four (4)

additional one (1) year periods, at the same terms and conditions, with the mutual consent of

the Clerk and the Contractor.

4. PAYMENTS: The Clerk shall pay the Contractor for services provided under this Agreement,

on a contingency basis, the sum of ________ % of actual amounts collected where files are

submitted by the Clerk to the Contractor electronically via a pipe delimited file. Where, under

prior authorization of the Clerk, the Contractor provides legal services required in the collection

of accounts, the Clerk shall pay the Contractor, on a contingency basis, the sum of ____% of

the actual amounts collected. Payment to the Clerk of collected items shall be as follows: Wire

transfer on a weekly basis with the Clerk. This weekly wire transfer would involve funds

collected net of the Contractor’s contingent fee. Any cost associated with the wire transfer will

be paid for by the Contractor. If necessary, other methods may be agreed upon between the

Contractor and the Clerk. The Clerk reserves the right to deduct from any Contractor invoice,

an amount for defective or non-conforming work, or for work not provided but invoiced. The

Clerk shall remit payment to the Contractor for payments of assigned accounts received directly

by the Clerk in accordance with the Florida Prompt Payment Act, Florida Statute Section

218.70, and et seq.

5. REPORTS: As full or partial payment of collection items are collected by the Contractor, an

electronic transmission of the previous day’s collection data shall be received no later than 6 am

the following morning. Each remittance shall be accompanied by a dated report. Each report

shall detail each collection item included in the remittance and shall state the name of the

person from whom collected, amount collected, amount remitted, unpaid balance of the

collection item, and case or other identifying number or information. The Contractor will provide

monthly a report stating the status of collection efforts to the Clerk. Reports shall also detail the

amount collected and the fee amount deducted.

6. INDEMNIFICATION: The Contractor shall indemnify and hold harmless the Clerk and its

employees from and against any and all claims, losses, liabilities, or damages, demands, and

actions including payment of reasonable attorney's fees, arising out of or resulting from the

negligent performance or failure of performance of the Contractor's obligations under this

Agreement. Contractor shall not be liable for any claims, losses, liabilities, damages, demands,

or actions to the extent caused by the negligence or willful misconduct of the Clerk and its

employees. It is the intent of the parties that, where the negligence or willful misconduct of the

Clerk or its employees is determined to have been contributory, the principals of comparative

negligence as applied in the State of Florida shall be followed and each party shall bear the

proportionate cost attributable to its own negligence or willful misconduct. In no event will

Contractor be liable for lost profits/revenues from transferred accounts, unless such collections

have been received by the Contractor and a loss is directly attributed to Contractor's negligent

actions or omissions, or liable to the Clerk or third parties for any special, incidental or

consequential damages, except as provided by law, or for the uncollectibility of any account

under any circumstances. This Section shall survive the termination or expiration of the

Agreement.

7. MODIFICATIONS TO CONTRACT: This contract, together with any exhibits, task assignments,

and schedules constitute the entire contract between the Clerk and the Contractor and

supersedes all prior written or oral understandings. This contract and any exhibits, task

assignments, and schedules may only be amended, supplemented, or cancelled by a written

instrument duly executed by the parties hereto.

8. INSURANCE: The Contractor, at its own expense, shall keep in force and at all times maintain

during the term of this Agreement:

a. Professional Liability Insurance (including Errors and Omissions

) with minimum

limits of $1,000,000 per occurrence, if occurrence form is available; or claims made

form with "tail coverage" extending three (3) years beyond completion and

acceptance of the project with proof of "tail coverage". Contractor shall submit

annually to the Clerk a current Certificate of Insurance proving claims made

insurance remains in force throughout the same three (3) year period.

b. Comprehensive Insurance covering employee dishonesty and theft, disappearance

and destruction of money and securities with minimum limits of $250,000 per

occurrence.

c. Workers' Compensation Coverage: Full and complete Workers' Compensation

Coverage, as required by State of Florida Law, shall be provided for the

Contractor's employees.

d. Insurance Certificates: Each policy shall require that thirty (30) days prior to

expiration, cancellation, non-renewal, or any material change in coverage or limits,

a notice thereof shall be given to the Clerk by certified mail to the Contract

Manager, Compliance & Collections Department, P. O. Box 219, Titusville, FL

32781-0219. Contractor shall also notify the Clerk, in a like manner, within twenty-

four (24) hours after receipt, of any notices of expiration, cancellation, non-renewal,

or material change in coverage received by said Contractor from its insurer; and

nothing contained herein shall absolve the Contractor of this requirement to

provide notice.

Companies issuing the insurance policy, or policies, shall have no recourse against

the Clerk for payment of premiums or assessments for any deductibles which all

are at the sole responsibility and risk of the Contractor.

The term "Clerk" or "Clerk of Court" shall include all authorities, divisions,

departments, and offices of the Clerk and individual members, employees thereof

in their official capacities and/or while acting on behalf of the Clerk.

The policy clause "Other Insurance" shall not apply to any insurance coverage

currently held by the Clerk to any such future coverage.

9. DUTY OF CONTINUING DISCLOSURE OF LEGAL PROCEEDINGS: Commencing after the

effective date of the contract, the Contractor must disclose any pending or prior civil or criminal

litigation, investigations, arbitration, or proceedings including voluntary or involuntary

bankruptcy, involving the Contractor (and each Subcontractor) or any of its officers or directors

(Proceeding) in a written statement to the Contract Manager within 15 days of its occurrence.

Details of settlements that are prevented from disclosure by the terms of the settlement may be

annotated as such.

In the event that any such Proceeding reported pursuant to this section or Proceedings of which

the Clerk otherwise becomes aware, during the term of the contract, causes the Clerk to be

concerned about:

a. The Contractor’s (or Subcontractor’s) financial stability and ability to perform the

contract in accordance with its terms and conditions and

b. Whether the Contractor (or Subcontractor) in performing services for the Clerk is

engaged in conduct which is similar in nature to conduct alleged in such Proceeding,

which conduct would constitute a breach of the contract or a violation of Florida law,

regulations, or public policy.

The Contractor shall be required to provide the Clerk all reasonable assurances

requested by the Clerk to demonstrate that:

c. The Contractor (and/or its Subcontractor) will be able to perform the contract in

accordance with its terms and conditions and

d. The Contractor (and/or its Subcontractor) has not and will not engage in conduct in

performing services for the Clerk which is similar in nature to the conduct alleged in

such Proceeding.

10. ON-SITE INSPECTION: The Clerk reserves the right to conduct on-site inspection of all

collection locations prior to the awarding of the subject contract. The inspection will be for the

purpose of verifying the Contractor’s ability to perform the services required under this contract.

11. ATTORNEY’S FEES: In the event of any legal action to enforce the terms of this contract each

party shall bear its own attorney’s fees and costs.

12. GOVERNING LAW: This agreement shall be governed, interpreted and construed according to

the laws of the State of Florida.

13. COMPLIANCE WITH STATUTES: It shall be the Contractor’s responsibility to be aware of and

comply with all federal, state and local laws.

14. VENUE: Venue for any legal action by any party to this agreement to interpret, construe, or

enforce this Agreement shall be in a court of competent jurisdiction in and for Brevard County,

Florida and any trial shall be non-jury.

15. ASSIGNMENTS: This Agreement, or any interest therein, including, but not limited to, any claim

for monies due or to become due with respect thereto, shall not be assigned or delegated, or

both, by the Contractor, without the prior written approval of the Clerk, which approval shall not

be unreasonably withheld.

16. TERMINATION: If the Contractor fails to properly perform the conditions of the Contract, in the

sole opinion of the Clerk, the Clerk will communicate to the Contractor in writing the problem(s)

that exist. The Contractor shall have up to thirty (30) calendar days to rectify the problem(s). If

the same or other problems persist or recur, the Clerk may immediately cancel the contract by

advising the Contractor in writing. The Clerk reserves the right to cancel the contract without

cause with a minimum thirty (30) days written notice. Termination or cancellation of the Contract

shall not relieve the contractor of any obligations for any deliverables entered into prior to the

termination to the Contract (i.e. reports, statements of accounts, etc. required and not received).

Termination or cancellation of the Contract shall not relieve the Contractor of any obligations or

liabilities resulting from acts committed by the Contractor prior to the termination of the Contract.

Unless termination is a result of misconduct, upon any termination of this Agreement, (a)

Contractor will continue its collection efforts with respect to the accounts assigned prior to and

existing on the date of termination for a period of ninety (90) days; (b) Contractor will continue its

collection efforts with respect to all accounts that have been referred by the Contractor to an

attorney for the commencement of a lawsuit for collection and all accounts where payment

arrangements are being met according to agreed-upon terms, until the conclusion of such

lawsuit or payment arrangement; and (c) Clerk will pay Contractor the contingency fee with

respect to the collections referenced in (a) and (b) above, regardless of when the collections are

received and whether received by the Clerk or Contractor including litigation. If termination is

due to misconduct, all accounts shall be immediately returned to the Clerk and no more

payments will be due to the Contractor.

17. INDEPENDENT CONTRACTOR: The Contractor shall perform the services under this

agreement as an independent contractor and nothing contained herein shall be construed to be

inconsistent with this relationship or status. Nothing in this agreement shall be interpreted or

construed to constitute the Contractor or any of its agents or employees to be the agent,

employee, or representative of the Clerk.

18. RIGHT TO AUDIT RECORDS: In the performance of this Agreement, the Contractor shall keep

books, records, and accounts of all activities related to the Agreement in compliance with

generally accepted accounting procedures. All documents, papers, books, records, and

accounts made or received by the Contractor in conjunction with the Agreement and the

performance of this Agreement shall be open to inspection during regular business hours by an

authorized representative of the office and shall be retained by the Contractor for a period of

three (3) years after termination of this Agreement, unless such records are exempt from Section

24(a) of Article l of the State Constitution and Section 119.07(1) Florida Statutes.

19. UNAUTHORIZED ALIEN WORKERS: The Clerk will not intentionally award publicly-funded

contracts to any contractor who knowingly employs unauthorized alien workers, constituting a

violation of the employment provisions contained in 8 U.S.C. Section 1324a(e) (Section 274A(e)

of the Immigration and Nationality Act “INA”). The Clerk shall consider a Contractor's intentional

employment of unauthorized aliens as grounds for immediate termination of this Agreement.

20. FEDERAL TAX ID NUMBER: The Contractor shall provide to the Clerk their Federal Tax ID

Number or, if the Contractor is a sole proprietor, a Social Security Number.

21. EMPLOYMENT: The Contractor shall not engage the services of any person or persons now

employed by the Clerk, including any department, contractor, board or commission thereof, to

provide services relating to this contract without written consent from the Clerk.

22. PUBLIC ENTITY CRIMES: 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 on a contract to provide

any goods or services to a public entity, may not submit a bid on a contract with a public entity

for the construction or repair of a public building or public work, may not submit bids on leases of

real property to a public entity, may not be awarded or perform work as a contractor, supplier,

subcontractor, or consultant under a contract with a public entity, and may not transact business

with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY

TWO for a period of thirty six (36) months from the date of being placed on the convicted vendor

list.

23. USE BY OTHER GOVERNMENTAL ORGANIZATIONS: Should another governmental

organization in the State of Florida desire one or more of the herein described Debt Collection

Services through the cooperative use of this Agreement, the Contractor may provide such

service(s) to such organization for the same compensation outlined in the Agreement.

Notwithstanding any provision to the contrary, the Clerk shall not be responsible for the provision

of staff or the costs of such services. Any other governmental organization shall be responsible

for execution of its own requirements with the Contractor.

24. CONSTRUCTION OF AGREEMENT: The parties hereby acknowledge that they fully reviewed

this agreement, its attachments and had the opportunity to consult with legal counsel of their

choice, and that this agreement shall not be construed against any party as if they were the

drafter of this Agreement.

25. NOTICE: Notice under this agreement shall be given by certified mail or hand delivery as

follows: Clerk of Court, Compliance & Collections Department, P. O. Box 219, 400 South Street,

Titusville, FL 32781-0219 and Notice shall be given to the Contractor by certified mail or hand

delivery as follows:____________________________________.

26. FORCE MAJEURE: Notwithstanding anything to the contrary in this contract, no party shall

have any liability to the other hereunder by reason of delay or failure to perform any obligation or

covenant if the delay or failure to perform is occasioned by Force Majeure, meaning (but not

limited to) any Acts of God, storm, war, civil commotion, terrorism, labor disputes or strikes, fire,

flood, or other casualty, governmental actions or inactions, priorities, or regulations; or any cause

beyond the parties’ direct and immediate control. The parties shall have such additional time

within which to perform as may be reasonably necessary should any such event occur.

27. LIABILITY: Except for collection revenue collected by the Contractor but not turned over under

this program, Contractor’s total, aggregate liability, whether in contract including, but not limited

to, indemnification liability, tort, or otherwise shall not exceed $100,000.

28. REPRESENTATIONS: The Contractor shall take all precautions that are reasonable,

customary, and commercially practical to avoid providing the Clerk with any software that

contains or introduces a virus which contaminates or damages the Clerk’s equipment or its

mainframe, network, personal computing or other operating environments, hardware including

the hardware or software of any third party authorized to be connected to the Clerk’s computing

environments.

IN WITNESS WHEREOF, the parties have hereunto set their hands and seals on the day and year first

above written.

CLERK OF COURT CONTRACTOR

BREVARD COUNTY, FLORIDA

By:_______________________________ By: _______________________________

Mitch Needelman, Clerk Signature

Date:_____________________________ Date: _____________________________

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Name & Title, Typed or Printed

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Name of Company, Agency, or Firm

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Mailing Address

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City, State, Zip

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Area Code/Telephone Number