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HomeMy WebLinkAboutPR 22387: APPROVING CONTRACT WITH MCCREARY, VESELKA, BRAFF & ALLEN, P.C. FOR COLLECTION OF MUNICIPAL COURT FINES P.R. No. 22387 02/03/2022 SB RESOLUTION NO. A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A TWO (2) YEAR CONTRACT, WITH THE OPTION TO RENEW FOR TWO (2) ADDITIONAL TWO (2) YEAR PERIODS, WITH MCCREARY, VESELKA, BRAGG & ALLEN, P.C., OF ROUND ROCK, TEXAS, FOR COLLECTION OF MUNICIPAL COURT FINES WHEREAS, pursuant to Chapter 252 of the Texas Local Government Code, Purchasing advertised a Request for Proposals (RFP #P21-068) for the collection of Municipal Court fines; and, WHEREAS,three (3)proposals were received on September 8, 2021 and opened _ on October 6, 2021; and, WHEREAS, a committee of City staff have reviewed said proposals and scoring each using published criteria, finds that McCreary Veselka Bragg & Allen, P.C., Attorneys as Law, has the highest rating and recommends same for the collection of Municipal Court fines (evaluation attached as Exhibit"A"); and, WHEREAS, the City desires to enter into a two (2) year contract, with the option of renewing for two (2) additional two-year terms, with McCreary, Veselka, Bragg & Allen, P.C., Attorneys at Law, of Round Rock, Texas, in substantially the same form as attached hereto as Exhibit`B". NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PORT ARTHUR, TEXAS: THAT,the facts and opinions in the preamble are true and correct; and THAT, the City Manager is hereby authorized to execute a two (2) year contract, with the option to renew for two (2) additional two-year periods, with McCreary, Veselka, Bragg &Allen, P.C., Attorneys as Law, of Round Rock, Texas, for collection of Municipal Court fines, in substantially the same form as attached hereto as Exhibit `B"; and THAT, a copy of the caption of this Resolution be spread upon the Minutes of the City Council. READ, ADOPTED AND APPROVED on this day of A.D., 2022; at a Regular Meeting of the City Council of the City of Port Arthur, Texas, by the following vote: AYES: Mayor Councilmembers • NOES: • THURMAN BARTIE, MAYOR ATTEST: SHERRI BELLARD, CITY SECRETARY APPROVED S TO FORM: VV' ei\LP/Vg( LECIA TI ENO, Y ATTORNEY APPROVED FOR ADMINISTRATION: RONALD BURTON, CITY MANAGER , r (A.,141/,, CLIFTO` WILLIAMS, PURCHASING MANAGER APPROVED AS TO AVAILABILITY OF FUNDS: CA--/Vd, KANDY DA IIEL, INTERIM FINANCE DIRECTOR EXHIBIT "A" CITY OF PORT ARTHUR TEXAS Bid Tabulation Request for Proposal Collection of Fines for Municipal Court Opening: October 6,2021 Bid Location: City Hall,5th floor Council Chamber P21-068 Firm Name Location MVBA Law Round Rock, TX Perdue Brandon Fielder Collins& Mott LLP Houston,TX Linebarger,Groggan, Blair& Sampson,LLP Houston,TX YoGanda &Upson-Goptoleaw 10/15/21 Yolanda Scypion-Goudeaux,Purchasing Assistant Date l '! u .... ci _ ._,1. ,..., u . x t� .i. ,... L. , 1 'V n ,.. ... .--- c'.) r... .`i C C :i UN N C O G N O L C CC " ‘.O J .- IL v N ..... 1 N. C� C n `xt 0. C U d ! 3 a v) o 4- Q v bi ir, v7 ir, r �n C.) 03 J E u > iv L p CIS C Cy y C. U "d C. U _ O V ... .4 cp C i v 'C..NOW u = >, 01 C CmVi :) d , O ,i1. r" 11 U EXHIBIT "B" STATE OF TEXAS § CITY OF PORT ARTHUR,TEXAS § AGREEMENT FOR PROFESSIONAL SERVICES COUNTY OF JEFFERSON § This Agreement for Professional Services("Agreement")is made by and between the City of Port Arthur, Texas, a Texas home-rule municipality located in Jefferson County, Texas ("City"), and McCreary, Vaselka, Bragg, & Allen, P.C. ("Professional") (individually, each a "Party" and collectively, "Parties"), acting by and through the Parties' authorized representatives. Recitals: WHEREAS, City desires to engage the services of Professional as an independent contractor and not as an employee in accordance with the terms and conditions set forth in this Agreement; and WHEREAS, Professional desires to render professional services in accordance with the terms and conditions set forth in this Agreement. NOW, THEREFORE, in exchange for the mutual covenants set forth herein and other valuable consideration, the sufficiency and receipt of which is hereby acknowledged, the Parties agree as follows: Article I Employment of Professional Professional will perform as an independent contractor all services under this Agreement to the prevailing professional standards consistent with the level of care and skill ordinarily exercised by members of Professional's profession, both public and private, currently practicing in the same locality under similar conditions including but not limited to the exercise of reasonable, informed judgments and prompt, timely action. If Professional is representing this it has special expertise in one or more areas to be utilized in the performance of this Agreement, then Professional agrees to perform those special expertise services to the appropriate local, regional and national professional standards. Article II Term 2.1 The term of this Agreement shall begin on the last date of execution hereof by all parties hereto(the"Effective Date")and shall continue thereafter until the two(2)year anniversary of the Effective Date. Professional shall commence work once the Notice to Proceed is issued by the City. 2.2 Professional may terminate this Agreement by giving thirty(30)days prior written notice to City. In the event of such termination by Professional, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. 2.3 City may terminate this Agreement by giving ten (10) days prior written notice to Professional. In the event of such termination by City, Professional shall be entitled to compensation for services satisfactorily completed in accordance with this Agreement prior to the date of such termination. Upon receipt of such notice from City, Professional shall immediately terminate working on, placing orders or entering into contracts for supplies, assistance, facilities or materials in connection with this Agreement and shall proceed to promptly cancel all existing contracts insofar as they are related to this Agreement. Article III Scope of Services 3.1 Professional shall perform the services specifically set forth in Exhibit A, attached hereto and incorporated herein by reference, entitled"Scope of Services." In case of conflict with the language of ExhibitA and the provisions of this Agreement,the provisions of this Agreement shall control. Any additional services require the prior approval of the City Council of the City. 3.2 The Parties acknowledge and agree that any and all opinions provided by Professional represent the best judgment of Professional. Article IV Schedule of Work 4.1 Professional agrees to commence services upon written direction from City and to complete the tasks set forth in Exhibit A, Scope of Services/Work, which is attached hereto and incorporated herein. 4.2 In the event Professional's performance of this Agreement is delayed or interfered with by acts of City or others,Professional may request an extension of time for the performance of same as hereinafter provided, and City shall determine whether to authorize any increase in fee or price, or to authorize damages or additional compensation as a consequence of such delays, within a reasonable time after receipt of Professional's request. 4.3 No allowance of any extension of time, for any cause whatsoever, shall be claimed or made by Professional, unless Professional shall have made written request upon City for such extension not later than five(5)business days after the occurrence of the cause serving as the basis for such extension request, and unless City and Professional have agreed in writing upon the allowance of such additional time. Article V Compensation and Method of Payment 5.1 City shall compensate Professional for the services in accordance with the terms set forth in Section E. of the Professional's Response to RFP#P21-068 (see Exhibit B). 5.2 Each month Professional shall submit to City an invoice supporting the amount for which payment is sought. Each invoice shall also state the percentage of work completed on the City of Port Arthur, Texas Professional Services Agreement Project through the end of the then submitted billing period,the total of the current invoice amount, and a running total balance for the Project to date. 5.3 Within thirty (30) days of receipt of each such monthly invoice, City shall make monthly payments in the amount shown by Professional's approved monthly invoice and other documentation submitted. 5.4 Professional shall be solely responsible for the payment of all costs and expenses related to the services provided pursuant to this Agreement including, but not limited to, travel, copying and facsimile charges,reproduction charges, and telephone, internet, e-mail, and postage charges, except as set forth in Exhibit A. 5.5 Nothing contained in this Agreement shall require City to pay for any services that is unsatisfactory as determined by City or which is not performed in compliance with the terms of this Agreement, nor shall failure to withhold payment pursuant to the provisions of this section constitute a waiver of any right, at law or in equity, which City may have if Professional is in default, including the right to bring legal action for damages or for specific performance of this Agreement. Waiver of any default under this Agreement shall not be deemed a waiver of any subsequent default. Article VI Devotion of Time, Personnel, and Equipment 6.1 Professional shall devote such time as reasonably necessary for the satisfactory performance of the services under this Agreement. City reserves the right to revise or expand the scope of services after due approval by City as City may deem necessary, but in such event City shall pay Professional compensation for such services at mutually agreed upon charges or rates., and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. In any event, when Professional is directed to revise or expand the scope of services under this Agreement,Professional shall provide City a written proposal for the entire costs involved in performing such additional services. Prior to Professional undertaking any revised or expanded services as directed by City under this Agreement, City must authorize in writing the nature and scope of the services and accept the method and amount of compensation and the time involved in all phases of the Project. 6.2 It is expressly understood and agreed to by Professional that any compensation not specified in this Agreement may require approval by the City Council of the City of Port Arthur and may be subject to current budget year limitations. 6.3 To the extent reasonably necessary for Professional to perform the services under this Agreement, Professional shall be authorized to engage the services of any agents, assistants, persons, or corporations that Professional may deem proper to aid or assist in the performance of the services under this Agreement. The cost of such personnel and assistance shall be borne exclusively by Professional. City of Port Arthur, Texas Professional Services Agreement 6.4 Professional shall furnish the facilities,equipment,telephones,facsimile machines, email facilities, and personnel necessary to perform the services required under this Agreement unless otherwise provided herein. Article VII Relationship of Parties 7.1 It is understood and agreed by and between the Parties that in satisfying the conditions and requirements of this Agreement, Professional is acting as an independent contractor, and City assumes no responsibility or liability to any third party in connection with the services provided by Professional under this Agreement. All services to be performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent, servant, representative, or employee of City. Professional shall supervise the performance of its services and shall be entitled to control the manner, means and methods by which Professional's services are to be performed, subject to the terms of this Agreement. As such, City shall not train Professional, require Professional to complete regular oral or written reports, require Professional to devote his full-time services to City, or dictate Professional's sequence of work or location at which Professional performs Professional's work, except as may be set forth in Exhibit A. Article VIII Insurance 8.1 Before commencing work, Professional shall, at its own expense, procure, pay for and maintain during the term of this Agreement the following insurance written by companies approved by the state of Texas and acceptable to City. Professional shall furnish to the City Manager certificates of insurance executed by the insurer or its authorized agent stating coverages, limits, expiration dates and compliance with all applicable required provisions. Certificates shall reference the project/contract number and be addressed as follows: City of Port Arthur, Texas Attention: Ron Burton, City Manager 444 4th Street Port Arthur, Texas 77640 A. Commercial General Liability insurance, including, but not limited to Premises/Operations, Personal & Advertising Injury, Products/Completed Operations, Independent Contractors and Contractual Liability, with minimum combined single limits of $500,000 per occurrence, $500,000 Products/Completed Operations Aggregate, and $500,000 general aggregate. Coverage must be written on an occurrence form. The General Aggregate shall apply on a per project basis. B. Workers' Compensation insurance with statutory limits; and Employers' Liability coverage with minimum limits for bodily injury: 1) by accident, $100,000 each accident, and 2) by disease, $100,000 per employee with a per policy aggregate of $500,000. City of Port Arthur, Texas Professional Services Agreement C. Business Automobile Liability insurance covering owned, hired and non- owned vehicles, with a minimum combined bodily injury and property damage limit of $500,000 per occurrence. D. Professional Liability Insurance to provide coverage against any claim which the Professional and all professionals engaged or employed by the Professional become legally obligated to pay as damages arising out of the performance of professional services caused by error, omission or negligent act with minimum limits of$1,000,000 per claim, $1,000,000 annual aggregate. NOTE:If the insurance is written on a claims-made form, coverage shall be continuous(by renewal or extended reporting period) for not less than thirty-six (36) months following completion of this Agreement and acceptance by City. 8.2 With reference to the foregoing required insurance, Professional shall endorse applicable insurance policies as follows: A. A waiver of subrogation in favor of City, its officials, employees, and officers shall be contained in the Workers' Compensation insurance policy. B. The City, its officials, employees and officers shall be named as additional insureds on the policies enumerated in Section 8.1, by using endorsement CG2026 or broader. C. All insurance policies shall be endorsed to the effect that City will receive at least thirty (30) days notice prior to cancellation, non-renewal, termination, or material change of the policies. 8.3 All insurance shall be purchased from an insurance company that meets a financial rating of B+VI or better as assigned by A.M. Best Company or equivalent. Article IX Right to Inspect Records 9.1 Professional agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of Professional involving transactions relating to this Agreement. Professional agrees that City shall have access during normal working hours to all necessary Professional facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. City shall give Professional reasonable advance notice of intended audits. 9.2 Professional further agrees to include in subcontract(s), if any, a provision that any subcontractor agrees that City shall have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further, that City shall have access during normal working hours to all such subcontractor facilities and shall be provided adequate and appropriate work space, in order to City of Port Arthur, Texas Professional Services Agreement conduct audits in compliance with the provisions of this section. City shall give any such subcontractor reasonable advance notice of intended audits. Article X Miscellaneous 10.1 Entire Agreement. This Agreement and any and all Exhibits attached hereto constitutes the sole and only agreement between the Parties and supersedes any prior or contemporaneous understandings,written agreements or oral agreements between the Parties with respect to the subject matter of this Agreement. Exhibits to this Professional Services Agreement include Exhibits"A," Scope of Work and Exhibit"B," City of Port Arthur's Request for Proposal #21-068 and Professional's Response to Request for Proposal#21-068. In the event of a conflict between any of the documents,the Agreement for Professional Services governs and prevails. 10.2 Authorization. Each Party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. 10.3 Assignment. Professional may not assign this Agreement in whole or in part without the prior written consent of City. In the event of an assignment by Professional to which the City has consented, the assignee shall agree in writing with the City to personally assume, perform, and be bound by all the covenants and obligations contained in this Agreement. 10.4 Successors and Assigns. Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the Parties and their respective heirs, executors, administrators, legal representatives, successors and assigns. 10.5 Governing Law and Exclusive Venue. The laws of the State of Texas shall govern this Agreement, and exclusive venue for any legal action concerning this Agreement shall be in a District Court with appropriate jurisdiction in Jefferson County, Texas. The Parties agree to submit to the personal and subject matter jurisdiction of said court. 10.6 Amendments. This Agreement may be amended only by the mutual written agreement of the Parties. 10.7 Severability. In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect by a court of competent jurisdiction, such invalidity, illegality or unenforceability shall not affect any other provision in this Agreement,and this Agreement shall be construed as if such invalid,illegal, or unenforceable provision had never been contained in this Agreement. 10.8 Survival of Covenants and Terms. Any of the representations, warranties, covenants,and obligations of the Parties,as well as any rights and benefits of the Parties,pertaining to a period of time following the termination of this Agreement shall survive termination, including,but not limited to, Section 3.3, Article X, and, in particular, Sections 10.13 and 10.14. 10.9 Recitals. The recitals to this Agreement are incorporated herein. City of Port Arthur, Texas Professional Services Agreement 10.10 Notice. Any notice required or permitted to be delivered hereunder may be sent by first class mail, overnight courier or by confirmed telefax or facsimile to the address specified below, or to such other Party or address as either Party may designate in writing, and shall be deemed received three (3) days after delivery set forth herein: If intended for City: City of Port Arthur, Texas 444 4`h Street Port Arthur, Texas 77640 Attn: Ron Burton, City Manager Copy to: City of Port Arthur, Texas 444 4th Street Port Arthur, Texas 77640 Attn: Val Tizeno, City Attorney If intended for Professional: McCreary, Vaselka, Bragg, &Allen, P.C. 700 Jeffrey Way Suite 100 Round Rock,Texas 78665 10.11 Counterparts. This Agreement may be executed by the Parties hereto in separate counterparts, each of which when so executed and delivered shall be deemed an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of, the Parties hereto. 10.12 Exhibits. The exhibits attached hereto are incorporated herein and made a part hereof for all purposes. 10.13 Professional's Liability. Acceptance of the Project Documents by City shall not constitute nor be deemed a release of the responsibility and liability of Professional,its employees, associates, agents or subcontractors for the accuracy and competency of their designs, working drawings, specifications or other documents and work; nor shall such acceptance be deemed an assumption of responsibility by City for any defect in the Project Documents or other documents and work prepared by Professional, its employees, associates, agents or sub-consultants. 10.14 Indemnification. PROFESSIONAL AGREES TO INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS,SUITS,COSTS(INCLUDING COURT COSTS,REASONABLE ATTORNEY'S FEES AND COSTS OF INVESTIGATION)AND ACTIONS BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY PROFESSIONAL'S NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY ACT OR OMISSION City of Port Arthur, Texas Professional Services Agreement pertaining to customer lists, services,methods,processes and operating procedures, together with all analyses,compilations,studies or other documents,whether prepared by Professional or others, which contain or otherwise reflect such information. The term "Confidential Information" shall not include such information that is or becomes generally available to the public other than as a result of disclosure to Professional, or is required to be disclosed by a governmental authority under applicable law. 10.18 Remedies. No right or remedy granted or reserved to the Parties is exclusive of any other right or remedy herein by law or equity provided or permitted; but each right or remedy shall be cumulative of every other right or remedy given hereunder. No covenant or condition of this Agreement may be waived without written consent of the Parties. Forbearance or indulgence by either Party shall not constitute a waiver of any covenant or condition to be performed pursuant to this Agreement. 10.19 No Third Party Beneficiary. For purposes of this Agreement, including the intended operation and effect of this Agreement, the Parties specifically agree and contract that: (1) this Agreement only affects matters between the Parties to this Agreement, and is in no way intended by the Parties to benefit or otherwise affect any third person or entity notwithstanding the fact that such third person or entity may be in contractual relationship with City or Professional or both;and(2)the terms of this Agreement are not intended to release,either by contract or operation of law, any third person or entity from obligations owing by them to either City or Professional. [The Remainder of this Page Intentionally- Left Blank] City of Port Arthur, Texas Professional Services Agreement EXECUTED this day of , 2022. CITY: CITY OF PORT ARTHUR, TEXAS, A Texas home-rule municipality, By: Ron Burton, City Manager ATTEST: Sherri Bellard, City Secretary APPROVED AS TO FORM: Val Tizeno, City Attorney EXECUTED this day of , 2022. PROFESSIONAL: MCCREARY, VASELKA, BRAGG, & ALLEN, P.C. A Texas By: Name: Title: City of Port Arthur, Texas Professional Services Agreement Exhibit A to Agreement Scope of Services/Work City of Port Arthur, Texas Professional Services Agreement SCOPE OF WORK 1. The Court will provide files electronically to the successful Contractor(hereinafter referred to in this section as "Contractor") of those persons having outstanding City of Port Arthur Municipal Court cases. This information can include,but is not limited to the following: a) Person's name, personal identifiers and driver license number, last known residential address, last known telephone number, citation number, alleged offense committed, offense date, amount of fine,amount paid(if any),amount due,and if applicable,date of warrant and amount of warrant fine. b) CITY will provide current file layouts. Electronic transfer of data must include the Contractor having a PC that enables the City of Port Arthur to email an attachment or upload on the Internet via secure FTP. The Contractor must be able to receive and return files back and forth between CITY and Contractor. c)It will be the Contractor's responsibility to assure compatibility of CITY's data files and transmittal medium to the Contractor's computer system. The Contractor shall bear all costs, if necessary, for data conversion to make the CITY's computer system compatible with that of the Contractor's and any incidental costs related to the data transfer. 2. Historically,the CITY sends various outstanding misdemeanors and warrants to the Contractor for collection services on a regular basis(i.e.daily,weekly,and/or monthly).These cases and warrants consist of the following types: a) Active Alias Warrants -These are warrants in which no judgment has been entered assessing any sums due from the defendant in the case, but the defendant is subject to immediate arrest to answer for the pending criminal charge. b) Active Capias Pro Fine Warrants -These are warrants in which a judgment has been entered assessing a sum owed by the defendant in order to discharge the defendant from liability and the defendant is subject to immediate arrest. c)Outstanding Cases-These cases are outstanding Class C Misdemeanors for traffic,non- traffic, and parking violations that occurred in the incorporated CITY limits, including CITY Ordinance violations.These are cases that may or may not have appeared before the Court and may or may not have judgment entered against them. Therefore, the defendant is not subject to immediate arrest. 3. The CITY will supply the Contractor with two separate listings.They shall be known as the History File and the Collect and Warrant File. a)The History File shall be provided one time only.This file will contain the entire backlog of active warrants previously worked by the CITY'S existing collection agency. b)The Collect and Warrant File shall be issued on a regular or as needed basis and shall contain those cases that are Outstanding Cases as well as Active Warrants that were processed by the Port Arthur Municipal Court.This file will contain unresolved cases not issued for warrant and the most recent past dues processed for warrant. 4. Contractor agrees to perform the following: a) Contractor will become familiar with the legal distinctions of each type of case and warrant submitted for collection effort and will develop a series of contacts with the defendant that do not violate the defendant's statutory and constitutional rights. b)Contractor will attempt to contact the defendant named in any case or warrant submitted for collection service at least eight(8)times in a 180-day period through a rotating telephone and letter cycle. Voice/telephone contact attempts shall be limited to between the hours of 8:00 A.M. and 9:00 P.M.,Monday through Saturday.No Sunday contacts will be attempted. c) Contractor will submit written scripts for telephone contacts and written communications for approval by the CITY for each type of case and warrant submitted to Contractor for collection services.The Contractor shall pay all costs related to the telephone contact and written communications. d) Contractor will instruct all defendants to forward monies directly to the Port Arthur Municipal Court. Should the Contractor receive a payment from a defendant,the Contractor shall forward payment directly to the CITY in the form of the original negotiable instrument received. e) Contractor shall use due diligence, reasonable and ethical methods, and employ lawful means to effect collection on the CITY'S outstanding cases including adherence to all federal and state laws governing collections. f) Contractor will guarantee that every defendant will be dealt with in a professional and courteous manner. g)The CITY may recall for collection efforts and the Contractor will not be entitled to any fee for any money collected after any case has been recalled. h) Contractor will return information on cases submitted for collection services including all information developed by the Contractor regarding the defendant or his whereabouts, as requested by the CITY. i) Contractor will guarantee that a full-time customer service representative will be assigned to the City of Port Arthur and available to address day-to-day issues. 5. Additional written and/or telephone contacts may be made at the choice of the Contractor within the hours stipulated in(4)(b)above. 6. Contractor shall work with CITY to conduct Warrant Round-Up or Amnesty Programs as requested, requiring Contractor to send out additional notices and providing the CITY with an updated address list of defendants within the Port Arthur area. 7. All information supplied by the CITY to the Contractor shall be kept confidential and not disclosed to parties other than the Contractor's employees on a need-to-know basis for the purpose of contract performance and to the defendant. Contractor shall not disclose social security number, driver's license number or any other information deemed confidential by the CITY to anyone other than the defendant. CITY will notify Contractor of information deemed confidential,as appropriate. 8. Both the CITY and the Contractor will jointly review the appropriate cases for which payment is due to the Contractor on a monthly basis. a)The Contractor will be paid a collection fee in accordance with Article 103.0031 of the Texas Code of Criminal Procedure,as amended. b) Contractor will not be entitled to reimbursement for expenses incurred under the Contract. c)The CITY shall not be liable under the contract for any services which are unsatisfactory or which the CITY has not approved. Exhibit B to Agreement Professional's Response to RFP City of Port Arthur, Texas Professional Services Agreement mvba Going Further T Me . . McCreary Veselka Bragg & Allen P.C. Attorneys at Law Proposal for: City of Port Arthur, Texas RFP ## P21-068 Collection of Fines for Municipal Court Due September 8, 2021 3:00 pm Prepared by: McCreary, Veselka, Bragg& Allen P.C. 700 Jeffrey Way Suite 100 Round Rock,TX 78665 800-369-9000 Contact: Steven Whigham/Director of Operations A mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court TABLE OF CONTENTS LETTER OF INTEREST AFFIDAVIT CONFLICT OF INTEREST QUESTIONNAIRE APPENDIX A. NON-DISCLOSURE AGREEMENT COVER LETTER A. QUALIFICATIONS MUNICIPAL COURT COLLECTION EXPERIENCE 1 RECORD OF SERVICE 3 MUNICIPAL COURT CLIENT LIST 4 TEXAS COURT COLLECTION EXPERIENCE 9 COMPARABLE STATISTICS & PERFORMANCE 10 REFERENCES 11 ELECTRONIC DATA TRANSFER 12 KEY STAFF & EXPERIENCE 13 WARRANT ROUND-UP/AMNESTY EXPERIENCE 15 B. COLLECTION PROCEDURES PROJECT MANAGEMENT ORGANIZATION 1 COLLECTION PROGRAM HIGHLIGHTS 2 COLLECTION PROGRAM FLOWCHART 5 COLLECTION PROJECT TIMELINE 6 ADDRESS RESEARCH AND SKIP-TRACING 7 SAMPLE LETTER & PHONE SCRIPTS 9 FINES AND FEES CALL CENTER FLOWCHART 11 RESPONDING TO DEFENDANT INQUIRIES 12 Table of Contents mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court NON-ENGLISH SPEAKING DEFENDANTS 13 TELEPHONY TECHNOLOGY 13 WARRANT ROUNDUP/AMNESTY METHODOLOGY 14 C. COLLECTION STAFFING & SYSTEMS KEY PERSONNEL FLOW CHART 1 PROJECT MANAGEMENT TEAM FLOWCHART 2 KEY PERSONNEL QUALIFICATIONS 3 PROFESSIONAL COLLECTION STAFF & TRAINING 8 LT SYSTEMS INTERFACE 9 COMPUTER NETWORK 10 ELECTRONIC DATA TRANSFER 11 CLIENT WEB ACCESS 12 RECORD MAINTENANCE AND RETENTION 13 D. MONTHLY ACTIVITY REPORTS AUDIT AND COOPERATIVE EFFORT 1 REPORTING OF COLLECTION RESULTS 1 SAMPLE C-STAT REPORTS 2 MANAGEMENT REPORTS 4 E. COST/FEE CHARGED TO THE CITY PROPOSED FEE STRUCTURE 1 CALCULATION OF FEE 1 INVOICE CALCULATION 2 VALUE ADDED SERVICE ENHANCEMENTS 4 F. PORT ARTHUR RFP P21-068 COLLECTION OF FINES FOR MUNICIPAL COURT AND ANY ADDENDA Table of Contents mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court EXHIBITS 1. Sample Reports 2. Sample Letters 3. Sample Telephone Scripts 4. Third Party Debt Collectors Bond 5. Certificate of Insurance 6. Certificate of Account Status 7. Member of the American Collectors Association of Texas 8. Member of the American Collectors Association International Exhibits mvba Going Further Te • . 700 Jeffrey Way,Suite 100 P.O. Box 1310 Round Rock,Texas 78680 September 3, 2021 City of Port Arthur Attention: Mr. Clifton Williams/Sr. Purchasing Assistant 444 4th St. 4th Floor Port Arthur, TX 77640 Re: RFP # P21-068 Collection of Fines for Municipal Court Dear Mr. Williams: McCreary, Veselka, Bragg & Allen P.C., Attorneys at Law (MVBA) is pleased to submit our Proposal for Collection Services for the City of Manor Municipal Court. MVBA understands that the City is seeking a complete municipal court collection solution that helps you achieve your highest priority objectives. For over 59 years MVBA has been a leader in providing governmental collection services. MVBA is privileged to have been successfully representing the City in the collection of delinquent court fines and fees since 2015. With our extensive history in representing the City and our success in providing these services, we believe MVBA to be an excellent choice in continuing to provide court collection services for the City. We are committed to providing the best delinquent collection program available to the City, including all of the services outlined in the Request for Proposal. Our response to this RFP outlines how we provide each of those services. The Firm guarantees the City will be kept well informed of the status of the collection program and the progress of our efforts through continuous personal communication and consistent reporting. MVBA is committed to providing additional services (at no charge to the City) that can increase efficiencies and further enhance the collection program should the City wish to facilitate these services. The persons authorized to make representation and bind MVBA in this proposal are: Harvey M. Allen Steven W. Whigham Attorney at Law Director of Operations 700 Jeffrey Way, Suite 100 700 Jeffrey Way, Suite 100 Round Rock, Texas 78665 Round Rock, Texas 78665 512-323-3200 ext 231 512-323-3200 ext 275 Fax 512-323-3210 Fax 512-323-3210 We appreciate your consideration and look forward to the prospect of continuing to serve the City. Should you have any questions, please contact me at 512-323-3200 ext. 231 or hallen(cr�mvbalaw.com or Steven Whigham, Direction of Operations, at 512-323-3200 ext. 275 or swhigham(cr�mvbalaw.com . Si c rely, Harvey . Allen Attorney at Law mvba Going Further". . . McCreary Veselka Bragg&Allen P.G.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court A. OFFEROR QUALIFICATIONS MUNICIPAL COURT COLLECTION EXPERIENCE The Law Firm of McCreary, Veselka, Bragg & Allen, P. C. (MVBA) is a Texas Professional Corporation with over 59 years of experience collecting government receivables utilizing one of the nation's most technologically advanced debt collection programs. While our collection efforts extend beyond Texas, including all 50 States and US Territories, Canada and Mexico, we are Texas based and our focus is providing collection services to Texas governmental entities. We believe in providing excellent customer service, which means responding to our clients' needs promptly, while at the same time focusing on producing results. During our decades of providing stellar service, we have designed and implemented collection programs that increase the revenues of our clients while optimizing their resources. The Firm presently represents over eight hundred local governments in the collection of delinquent debt. Many of these clients have been with us for over thirty years. MVBA understands that the City is seeking a complete municipal court collection solution that helps you achieve your highest priority objectives. MVBA has successfully represented the City of Port Arthur Municipal Court since 2015. When utilizing our services the City reduces governmental expense, increases public awareness, increases case closure rates, provides additional revenue, and increases court efficiencies. MVBA knows that all clients are not alike, and not all courts are alike. MVBA customizes our program based on the unique needs of each court. We emulate your court's policies and procedures and in essence become an arm of the court as your"virtual clerk". We are committed to helping you resolve and collect your delinquent cases with a consistent, effective approach throughout our working relationship. MVBA is committed to extending additional services at no cost to further increase efficiencies and reduce costs as the City deems necessary. MVBA has been actively engaged in the co114411691 delip court fines, fees and cossskfor more than 17 years. We began working for Texas municipal and justice courts after the original change to Section 103.0031, Texas Code of Criminal Procedure was passed by the Texas Legislature in 2001. Our focus is in serving municipal,justice and county courts in the State of Texas. Since the program's inception, MVBA has expanded the collection of delinquent court fines, fees and costs to 411 Texas courts including 197 municipal courts and 214 district, county and justice courts. Because of our vast representation of courts across the State of Texas we may already have current information on a defendant that has outstanding court fines and fees in multiple jurisdictions. We view this as a tremendous advantage to the City. In addition to serving Port Arthur Municipal Court, MVBA maintains successful court collection programs for numerous Texas courts similar in size and volume as that of Port Arthur. Section A I Qualifications Pagel of 15 mvba Going Further". . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court To keep abreast of issues of concerns for our clients, MVBA is a member and supports numerous municipal and county associations including; • Texas Municipal League (TML) • Texas Municipal Courts Association • Texas Court Clerks Association • Texas Marshals Association • Government Finance Officers of Texas • Texas City Management Association • Texas Justice of the Peace and Constable Association • Various other municipal and county government associations. 1 MVBA is a long standing member of ACA International, the organization that provides instruction, seminars and continuing education on all the governmental regulations related to the collection industry, MVBA staff receives training that is relative to all aspects of debt collections. Personnel training is a key component of our collection program. All MVBA collection versonnel are required to obtain and maintain Certification through th American Collectors Association International IACA) as a Certified Professional Collections Specialist: The management of MVBA Ais an active participant in the ACA educational programs and provides continuing education to the collection staff. Our Certified Collection Specialists and internal operations and administrative staff are required to maintain a working knowledge of all Texas State and United States Federal laws regarding debt collections including but not limited to; Public Law 95-109, Fair Debt Collections Practice Act(FDCPA), Public Law 103-322, Driver's Privacy Protection Act(DPPA), and State law compliance We conduct license reviews through Cornerstone Support in Georgia and maintain licenses in the states requiring a law firm to be licensed to perform consumer related collection activities. We believe our collection record clearly reveals our strong capability to collect delinquent cases in and outside the State of Texas. MVBA has the Third Party Collector bond required by Texas law (Sec. 392.101, Texas Finance Code)to do business as a collection agency. All personnel are well versed in court terminology and court processes. Management and Client Service Coordinators (CSCs) attend legislative updates to stay abreast of all aspects of legislation that pertains to municipal court collections and the Texas Code of Criminal Procedure Chapter 103. One CSC is a former court administrator and is a level II Certified Court Clerk and one CSC is a former chief justice clerk of fifteen years and teaches for the Texas Justice Court Training Center. Two CSCs are former City Marshals with collectively over 30 years experience in city policy and court collection experience. MVBA understands the importance and complexities involved in the collection of delinquent court fines and fees. We have always been cognizant of our clients' commitment to honor and uphold the judiciary. In light of the recent Department of Justice Opinion, and changes in recent legislation, while revenue is a component of the collection process, we are committed to supporting our clients in upholding defendants' Constitutional rights, and all defendants are and always have been, directed to exercise their right to appear before the court. Section A f Qualifications Page 2 of 15 mvba Going Further—. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court RECORD OF SERVICE MVBA is privileged to have successfully represented the City in the collection of delinquent municipal court fines and fees since 2015. The results have been outstanding. Since this time, MVBA's efforts have helped to resolve sixty-six (66%) of the court's outstanding cases. During the current fiscal year to date, MVBA has mailed over 27,220 letters and postcards, initiated over 20,578 phone calls and 56,015 text messages to defendants. For Fiscal Year 2021 t• • • • Cases Placed 632 571 491 117 Dollars Placed r $250,273.40' $233,658.10r $185,561.14r $47,700.90 Cases With Partial Payment 26 S0' 80r 86 Partial Payments Reported r 51,902.10' $4,789.39 r $9,185.81 r $8,368.83 Cases Paid in Full 135 r 229 r 335 r 147 Dollars Paid in Full r $34,088.44r $63,183.43r $101,919.14' S37,706.33 Cases Cancelled By Court ' 199 r 214 r 255 r 229 Dollars Cancelled By Court r $79,031.06 r $87,658.70 r $99,470.60 r S89,053.06 Cases Resolved 334 443r 590 376 Dollars Resolved r $126,289.00 r $167,147.63 r $220,482.93 r $139,335.27 For Fiscal Year 2021 110=711011=E1 •uarter 3 •uarter 4 Number of Postcards Mailed r 292 650 776 91 Number of Letters Mailed r 4,616r 14,533r 4,089r 2,173 Number of Calls Made 11,517- 5,696 1,786 1,579 Number of Calls Received r 504r 282r 300r 191 Number of Text Messages 5,244 2,330 24,499 23,942 Requested All Years FY:October-September FY 2016&Prior FY 2017 ! FY 2018 FY 2019 FY 2020 FY 2021 Total i % Cases Placed 58,168' 3,930' 2,537 2,326 1,353' 1,811' 70,125 Dollars Placed $18,557,708.91 $1,060,081.61 $895,498.76 $543,930.79 S717,193.54 $23,295,970.81 82' 208: 131' Cases With Partial Payment, 60' 61' 156' 698 Partial Payments Reported ' $9,609.74' $10,086.00' $9,258.68' $26,312.51 514,322.43r $24,246.13' $93,835.49 Cases Paid in Full ' 2,440' 1,640' 1,492' 1,655' 799. 846' 8,872 12.65% Dollars Paid in Full ' $771,652.74' $448,524.08' $434,517.40'$482,277.82'$227,553.57r$248,556.93' $2,613,082.54 11.22% Cases Cancelled By Court 5,780' 22,323' 4.592 2,666' 1,565 897' 37,823 53.94% ► 0 71D 7`t/.0 ► 1 UJO J.U► Dollars Cancelled By Court r $1,830,843.01 ' $1,600,412.67 JOU$630,672.96 r$355,213.42 $12,000,652.78 51.51% Cases Resolved 3,223' 23,963' 6,084' 4,321 2,364' 1,743' 46,698 66.59% Dollars Resolved 52,613,568.90 r /'lU],07U.Jr 710U/, $2,129,820.35 'Y/J.Or$911,171,08 r$653,254.83 r $15,021,179.32 64.48% Cases Still in Collection 23,427 33.41% Dollars Still in Collection ' 58,274,791.49 35.52% Section A I Qualifications Page 3 of 15 mvba Going Further.. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court MUNICIPAL COURT FINES AND FEES CLIENT LIST Many of our Texas court clients are of similar population and case volume as the City of Port Arthur. Listed on pages are current clients that have contracted with McCreary, Veselka, Bragg&Allen, P. C. for the collection of court fines and fees and/or accounts receivables. Please note: To protect our clients MVBA is labelling this section as "Confidential" CITY DATE OF CONTRACT TYPE OF COLLECTIONS Point Comfort October 14,2003 Collection of Fines&Fees Port Lavaca October 14,2003 Collection of Fines&Fees Palestine November 24,2003 Collection of Fines&Fees Giddings April 6,2004 Collection of Fines&Fees Brownfield July 1,2004 Collection of Fines&Fees Navasota July 27,2004 Collection of Fines&Fees Taylor August 30,2004 Collection of Fines&Fees Bogata September 13,2004 Collection of Fines&Fees Baird September 20,2004 Collection of Fines&Fees Elgin November 2, 2004 Collection of Fines&Fees Whitney November 11,2004 Collection of Fines&Fees Hickory Creek November 16,2004 Collection of Fines&Fees Lexington November 16,2004 Collection of Fines&Fees Tye November 16,2004 Collection of Fines&Fees Merkel November 22,2004 Collection of Fines&Fees Hillsboro January 19,2005 Collection of Fines&Fees San Angelo May 6,2005 Collection of Fines&Fees Belton October 5,2005 Collection of Fines&Fees Marion October 17,2005 Collection of Fines&Fees Temple October 20,2005 Collection of Fines&Fees El Campo November 8,2005 Collection of Fines&Fees Luling November 10,2005 Collection of Fines&Fees Gonzales November 11,2005 Collection of Fines&Fees Hutto December 20,2005 Collection of Fines&Fees Lake Dallas February 21,2006 Collection of Fines&Fees Lockhart February 21,2006 Collection of Fines&Fees Nacogdoches May 2,2006 Collection of Fines&Fees Eagle Lake July 11,2006 Collection of Fines&Fees Alpine August 2,2006 Collection of Fines&Fees Yorktown September 21,2006 Collection of Fines&Fees Section A I Qualifications Page 4 of 15 mvba Going Further' . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Victoria November 22,2006 Collection of Fines&Fees Alto December 29,2006 Collection of Fines&Fees Comanche February 12,2007 Collection of Fines&Fees College Station April 23,2007 Collection of Fines&Fees Wallis July 18,2007 Collection of Fines&Fees Conroe July 23,2007 Collection of Fines&Fees Kermit September 13,2007 Collection of Fines&Fees Bryan October 2,2007 Collection of Fines&Fees Moulton October 15,2007 Collection of Fines&Fees Abilene November 1,2007 Collection of Fines&Fees Weimar December 13,2007 Collection of Fines&Fees Tahoka February 18,2008 Collection of Fines&Fees Lewisville March 17,2008 Collection of Fines&Fees Devine March 18,2008 Collection of Fines&Fees Clyde July 8,2008 Collection of Fines&Fees Justin December 8,2008 Collection of Fines&Fees Argyle February 10,2009 Collection of Fines&Fees Highland Park February 17,2009 Collection of Fines&Fees Wink February 25,2009 Collection of Fines&Fees Teague March 9,2009 Collection of Fines&Fees Hallsville March 17,2009 Collection of Fines&Fees Kempner March 24,2009 Collection of Fines&Fees Morgan's Point Resort April 1,2009 Collection of Fines&Fees Florence April 7,2009 Collection of Fines&Fees Huntsville April 7,2009 Collection of Fines&Fees Shiner May 4,2009 Collection of Fines&Fees Wortham May 12,2009 Collection of Fines&Fees Leander May 21,2009 Collection of Fines&Fees Hallettsville June 1, 2009 Collection of Fines&Fees Daingerfield June 8,2009 Collection of Fines&Fees Sour Lake June 22,2009 Collection of Fines&Fees Corinth June 29,2009 Collection of Fines&Fees Lake Worth July 20,2009 Collection of Fines&Fees Dublin August 10,2009 Collection of Fines&Fees Forest Hill September 11, 2009 Collection of Fines&Fees Kennedale October 1,2009 Collection of Fines&Fees De Leon November 24,2009 Collection of Fines&Fees Ferris December 17, 2009 Collection of Fines&Fees Section A I Qualifications Page 5of15 mvba Going Further-. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Willis January 19,2010 Collection of Fines&Fees Manvel January 25,2010 Collection of Fines&Fees Jewett February 8,2010 Collection of Fines&Fees Texarkana February 22,2010 Collection of Fines&Fees Double Oak April 5,2010 Collection of Fines&Fees Little Elm June 18,2010 Collection of Fines&Fees Miles July 6,2010 Collection of Fines&Fees Garrett August 18,2010 Collection of Fines&Fees Onalaska September 14,2010 Collection of Fines&Fees Livingston November 9,2010 Collection of Fines&Fees Lacy Lakeview February 15,2011 Collection of Fines&Fees Duncanville February 15,2011 Collection of Fines&Fees Waco May 11,2011 Collection of Fines&Fees Shady Shores June 23,2011 Collection of Fines&Fees Three Rivers July 18,2011 Collection of Fines&Fees Krum July 21,2011 Collection of Fines&Fees Nash August 8,2011 Collection of Fines&Fees Copper Canyon August 22,2011 Collection of Fines&Fees Garden Ridge September 8,2011 Collection of Fines&Fees Pilot Point September 12,2011 Collection of Fines&Fees Thorndale September 14,2011 Collection of Fines&Fees Corsicana September 20,2011 Collection of Fines&Fees Cedar Park November 17,2011 Collection of Fines&Fees Georgetown December 19,2011 Collection of Fines&Fees Albany December 21,2011 Collection of Fines&Fees Wake Village January 9,2012 Collection of Fines&Fees New Boston February 21,2012 Collection of Fines&Fees Decatur March 26,2012 Collection of Fines&Fees Santa Anna July 9,2012 Collection of Fines&Fees Madisonville July 9,2012 Collection of Fines&Fees Winfield July 19,2012 Collection of Fines&Fees Hollywood Park July 24,2012 Collection of Fines&Fees Cottonwood Shores July 25,2012 Collection of Fines&Fees Rusk September 7,2012 Collection of Fines&Fees Smithville September 12,2012 Collection of Fines&Fees Hooks September 27,2012 Collection of Fines&Fees Rockdale October 18,2012 Collection of Fines&Fees Buda October 30,2012 Collection of Fines&Fees Woodville November 26,2012 Collection of Fines&Fees Aubrey January 15,2013 Collection of Fines&Fees Cleburne January 29,2013 Collection of Fines&Fees Bartlett January 31,2013 Collection of Fines&Fees Honey Grove February 4,2013 Collection of Fines&Fees Round Rock March 28,2013 Collection of Fines&Fees Section A I Qualifications Page 6 of 15 mvba Going Further-- McCreary McCreary Vesetka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Bangs April 8,2013 Collection of Fines&Fees Lone Star April 18,2013 Collection of Fines&Fees Mineral Wells June 4,2013 Collection of Fines&Fees Bulverde August 13,2013 Collection of Fines&Fees Cedar Hill August 27, 2013 Collection of Fines&Fees ldalou September 27,2013 Collection of Fines&Fees Bastrop October 3,2013 Collection of Fines&Fees Flatonia October 15,2013 Collection of Fines&Fees Cameron December 16,2013 Collection of Fines&Fees Buckholts January 14, 2014 Collection of Fines&Fees Brady April 15,2014 Collection of Fines&Fees Orange June 10,2014 Collection of Fines&Fees Granger August 1,2014 Collection of Fines&Fees Venus August 14,2014 Collection of Fines&Fees Allen August 27,2014 Collection of Fines&Fees Jourdanton September 15,2014 Collection of Fines&Fees Aurora October 1,2014 Collection of Fines&Fees Milano October 6,2014 Collection of Fines&Fees Valley Mills October 15,2014 Collection of Fines&Fees Sansom Park October 16,2014 Collection of Fines&Fees Seabrook December 8,2014 Collection of Fines&Fees Bruceville-Eddy December 11, 2014 Collection of Fines&Fees Seven Points January 26,2015 Collection of Fines&Fees Godley February 4,2015 Collection of Fines&Fees Early March 10,2015 Collection of Fines&Fees Jarrell April 28,2015 Collection of Fines&Fees Sanger May 1,2015 Collection of Fines&Fees Lorena July 28,2015 Collection of Fines&Fees Commerce July 29,2015 Collection of Fines&Fees Hamilton September 24,2015 Collection of Fines&Fees Edna October 15,2015 Collection of Fines&Fees Jacksboro October 26,2015 Collection of Fines&Fees Van Alstyne November 2,2015 Collection of Fines&Fees Whitesboro November 17, 2015 Collection of Fines&Fees Harker Heights December 8,2015 Collection of Fines&Fees Hubbard December 14,2015 Collection of Fines&Fees Jacksonville February 5,2016 Collection of Fines&Fees Marshall March 10,2016 Collection of Fines&Fees Athens March 18,2016 Collection of Fines&Fees Bronte April 14,2016 Collection of Fines&Fees McKinney July 8, 2016 Collection of Fines&Fees Cuney October 11,2016 Collection of Fines&Fees **Coppell January 24,2017 Collection of Fines&Fees Section A I Qualifications Page 7 of 15 mvba Going Further". . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP II P21-068 Collection of Fines for Municipal Court Pottsboro February 6,2017 Collection of Fines&Fees Todd Mission May 10,2017 Collection of Fines&Fees Sherman July 31,2017 Collection of Fines&Fees Sonora August 14,2017 Collection of Fines&Fees Melissa December 19,2017 Collection of Fines&Fees Marlin March 26,2018 Collection of Fines&Fees Tioga June 25,2018 Collection of Fines&Fees Odessa July 30,2018 Collection of Fines&Fees Lampasas September 10,2018 Collection of Fines&Fees Lorenzo October 8,2018 Collection of Fines&Fees Streetman October 15,2018 Collection of Fines&Fees Rails October 17,2018 Collection of Fines&Fees Snyder December 12,2018 Collection of Fines&Fees Ballinger January 9,2019 Collection of Fines&Fees Watauga January 14,2019 Collection of Fines&Fees Gunter January 29, 2019 Collection of Fines&Fees Trenton February 1,2019 Collection of Fines&Fees Sweetwater February 12.2019 Collection of Fines&Fees Lamesa February 27,2019 Collection of Fines&Fees Cisco February 27,2019 Collection of Fines&Fees Oak Ridge(City) April 8,2019 Collection of Fines&Fees Thrall April 22,2019 Collection of Fines&Fees Windcrest May 20,2019 Collection of Fines&Fees Ivanhoe May 24,2019 Collection of Fines&Fees Oak Ridge(Town) June 18,2019 Collection of Fines&Fees Fairfield June 27,2019 Collection of Fines&Fees Newark June 27,2019 Collection of Fines&Fees Morgan July 8,2019 Collection of Fines&Fees Collinsville July 8,2019 Collection of Fines&Fees Oak Point July 15,2019 Collection of Fines&Fees Eastland October 4,2019 Collection of Fines&Fees New Fairview October 7,2019 Collection of Fines&Fees Blue Mound November 19,2019 Collection of Fines&Fees Lago Vista December 2,2019 Collection of Fines&Fees Sundown December 10,2019 Collection of Fines&Fees Ranger December 23,2019 Collection of Fines&Fees Valley View January 31,2020 Collection of Fines&Fees Buffalo February 11, 2020 Collection of Fines&Fees Garrison May 11,2020 Collection of Fines&Fees Smiley June 15,2020 Collection of Fines&Fees Jonestown July 1,2020 Collection of Fines&Fees Winters July 27,2020 Collection of Fines&Fees Southmayd September 4,2020 Collection of Fines&Fees Gorman November 9,2020 Collection of Fines&Fees Section A I Qualifications Page 8 of 15 mvba Going Further'. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Lakeside November 12,2020 Collection of Fines&Fees Seadrift February 26,2021 Collection of Fines&Fees Pflugerville July 27,21 Collection of Fines&Fees TEXAS COURT COLLECTION EXPERIENCE Since 2001, our expertise in assisting Texas courts in the resolution of outstanding fines, fees and costs is unmatched in the industry. This is evident with our representation of over 411 courts in Texas, including 197 municipal courts and 214 county and justice courts. The map below depicts our representation of these courts across the State of Texas. J ._._- 1 _. Tulsa 1/ --`z I J'---,-> i Oklahoma City Amar,110 .Ibuquerque — • - New , Mex,co _ i.. • • •• : • -, • • f4i • • • • .. •• ti L<�a.,• • ..._ .. • „� •• •• Shrevcoort • ••• ~••• ••� •`• • • �• •• • •:• ••• E;Paso •• • r• • • • t ••• _ • •• • • • Texas •• _ • •. • • • •••• • • • • • _ • • • •• ••n • •• •• • • • f • • • c• • • �• • • • I.. •••• ie • • • e•ik. • Z• Houston • • • •i•• • • •••• San •a•:'L• • • • • • • • • •• _.• W • • •S. • • • • Chihuahua • - - I -- • • •• Chihuahua i I • • • • • • CdrpusChristi Nuevo Laredo •-%_.-- Coaht,nu - • \ • ; l / 1---.. Section A 1 Qualifications Page 9 of 15 mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court COMPARABLE STATISTICS AND PERFORMANCE Since the program's inception in 2003, MVBA has resolved over sixty-one percent (61%) of our clients'submission dollars. 51,664,S52,34S $1,K00,000,000 S 1,600,000,000 $1,400,OC)0.000 S 1,200.000,000 • 51,000,000,000 $ Q0.000.000 6196^.` $bo0.000,000 $400,000.000 $7o0.o00.000 so Dollars Placed Oallar% Resolved Total# Total Cases Dollars Placed Cases $ Resolved Court Placed Resolved Resolved Abilene Municipal Court 83.662 $27,348,781 47,061 $15,813,385.68 56.25% Bryan Municipal Court 46,205 $20,150,182 31,470 $13,706,005.45 68.11% Cedar Park Municipal Court 18,256 $7,711,515 11,977 $5,021,013.30 65.61% Cedar Hill Municipal Court 15,034 $6,667,176 8,663 $3,734,494.70 56.01% Conroe Municipal Court 86,470 $33,286,780 56,459 $23,237,944.12 69.81% Huntsville Municipal Court 16,277 $6,591,845 7,722 $3,173,356.78 47.44% Lewisville Municipal Court 41,192 $19,652,091 28,415 $13,367,801.17 68.98% Nacogdoches Municipal Court 35,893 $12,013,175 22,823 $7,648,719.79 63.59% Port Arthur Municipal Court 70,125 $23,295,970 46,698 $15,021,179.32 64.48% Round Rock Municipal Court 29,130 $12,341,145 13,825 $5.900,773.87 47.46% San Angelo Municipal Court 114,556 $35,354,961 78,431 $24,045,308.99 68.47% Temple Municipal Court 80,300 $30,700,802 42,756 $16,195,094.00 53.25% Waco Municipal Court 92,740 $31,080,845 48,029 $15,764,691.22 51.79% Section A I Qualifications Page 10 of 15 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court REFERENCES City of Round Rock Municipal Court City of Abilene Municipal Court Christine Valdovino, Court Administrator Christina Lozano, Court Administrator 301W. Bagdad Suite 120 4575 South 1"Street Round Rock,TX 78665 Abilene,TX 79605 (512) 218-5480 opt.1 then 0 (325)676-6333 (512) 218-7079 fax (325)676-6286 fax cvaldovino@roundrocktexas.gov Christina.lozano(abilenetx.gov City of El Campo Municipal Court City of Conroe Municipal Court Elvia Rodriguez, Court Administrator Amparo Meza, Court Administrator 303 E.Jackson St 700 Old Montgomery Rd El Campo,Texas 77437 Conroe,Texas 77301 (979) 543-1212 (936)522-3381 (979) 543-0027 fax (936)522-3396 fax eodriguez@cityofelcampo.org ameza@cityofconroe.org City of Luling Municipal Court City of Bryan Municipal Court Bonnie Townsend, Court Administrator Chad Eixmann, Court Administrator 1914 W. San Antonio St. PO Box 1000 Lockhart,Texas 78644 Bryan,Texas 77805 (512) 376-9469 (979)209-5400 (512)620-0150 fax (979)731-1760 fax btownsend@lockhart-tx.org ceixmann@bryantx,gov City of Giddings Municipal Court City of Cedar Hill Municipal Court Rachel Grube, Court Administrator Bobbie Spence, Court Administrator 118 E. Richmond Street (469) 272-2930 Giddings,TX 78942 (972) 291-5113 fax (979)540-2707 285 Uptown Blvd. (979)542-0295 Cedar Hill,Texas 75104 giddingsmuncourt@giddings.net bobble.spence@cedarhilltx.corn City of Port Lavaca Municipal Court City of Navasota Municipal Court Lily Ortiz, Court Administrator Rochelle Jessie, Court Clerk 201 W. Austin St.Room 11 P. O. Box 910 Port Lavaca,TX 77979 Navasota,TX 77868 (361) 552-9793 Ext 226 (936)825-6268 (361) 552-7933 (936)825-7280 fax lortiz@portlavaca.org rjessie@navasotatx.g•v Section A I Qualifications Page 11 of 15 mvba Going Further-. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court ELECTRONIC DATA TRANSFER MVBA has been successfully transmitting data electronically with the1.1.111.11111111111MVBA receives data from the court by placement on our secure file transfer protocol(SFTP)site. Court staff can utilize this SFTP site to transfer cases for collection securely and with confidence. Each client is assigned a unique identification number which allows for the tracking of account data and the generation of reports. MVBA will provide data files that are required by the City via SFTP in the format that is needed by the Court. Project data is accepted in any format via SFTP. MVBA works with each client to design an import program that will enhance the efficient flow of data to both organizations. MVBA is responsible to assure compatibility of the City's data files and transmittal medium to MVBA's computer system. MVBA absorbs all costs, if necessary, for data conversion compatibility and any incidental costs related to the transfer of data. Data is loaded into our system the day it is received. Once the data is loaded into the MVBA system, various integrity checks are performed to verify the data received, thereby detecting any error at the very beginning of the process. The Court is then provided an"inventory"of the information received to allow for verification by the Court. Once the data is loaded and verified into our system, it is given, electronically and in batch, to one of our national skip-trace partners to validate and update address and telephone information. This information is received in an electronic format and brought back into the MVBA system in batch for nearly instantaneous update of the files. The cases are then prepared to be processed for letters and any case with a phone number is placed in the dialer queue so phone calls can begin once letters are mailed. The language indicator on the case is noted in order to forward the cases to a bilingual Collection Specialist. This process repeats itself upon the receipt of all new cases. A similar process occurs when updated information concerning previously referred cases is received from the Court. This information is uploaded into the system so collection activity can be altered or stopped altogether. MVBA collection 9oltware is built on the latest Microsoft.Ne technologies. Our software interfaces with aor softwlt automates and supports all aspects of our collection program. This includes skip tracing, the call center, processing, rocessin payment g reporting, accounting, invoicing, and data file transfers. MVBA currently handles data provided in LT System's platform and maintains an excellent working relationship with LT Systems. MVBA works with several clients utilizing LT System's court program and we attend their User Conference annually to support end users. MVBA contracts with the following municipal court clients who utilize LT Systems court software; Lewisville , Cedar Hill, Kennedale, Forest Hill, Little Elm, Gainesville, Justin, Bryan and Temple. All of MVBA's Client Services Coordinators are trained and have working knowledge, in the delinquent case export module provided by LT Systems. LT Systems has also programmed an interface that provides instantaneous access to MVBA's Client Web Access portal. This is the tool MVBA provides our clients to view their collection cases and all activity, access reports, and send messages to MVBA. Section A I Qualifications Page 12 of 15 mvba Going Further-. . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court KEY STAFF AND EXPERIENCE MVBA has a staff of 185 employees including fifteen attorneys, with an average tenure of fifteen years, in twenty-one offices in the State of Texas. MVBA has offices in Round Rock, Abilene, Athens, Bastrop, Belton, Brady, Brownwood, Bryan, Burnet, Denton, Eastland, Georgetown, Kountze, Longview, Midland, New Boston, New Braunfels, Palestine, Port Lavaca, San Marcos, Seguin and Waco. The collection program along with the procedures outlined in this proposal is performed at the principal office located at 700 Jeffrey Way Suite 100 in Round Rock, Texas. Attorneys - the Firm consists of sixteen Attorneys with collectively over two-hundred years experience in managing debt collection programs for local governments. • Two attorneys have over twelve years of municipal law experience while serving as Assistant City Attorneys. • One attorney with ten years experience in the practice of criminal law, eight years as an Assistant District Attorney. • Two attorneys are also Certified Public Accountants. Professional Staff- the Firm's professional staff is located at the Round Rock office and consists of: • Attorneys • Director of Collections • Field& Communications Manager • Client Services Coordinators (on-site representatives throughout the State) P g • Internal Customer Service Supervisor and Representatives • Information Technology Administrators, Programmers and Engineers • Data Managers • Accounting Manager& Staff • Administrative Assistants • Certified Collection Specialists Fines and Fees Team MVBA has forty-eight employees that are directly committed to the collection of delinquent fines, fees, and accounts receivable. Of this number, thirty-eight employees are directly involved in the daily collection of the delinquent cases for the City of Port Arthur Project. This staff is composed of a diverse and qualified group of men and women that includes bi-lingual speaking representatives; enabling our firm to effectively communicate and collect funds from a diverse population. Section A I Qualifications Page 13 of 15 mvba Going Further-- McCreary McCreary Veselka Bragg&Men PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Project Management Team The City is assigned a qualified Project Management Team that successfully manages the entire City of Port Arthur Project. The Port Arthur Project Management Team consists of: Steven Whigham/Director of Operations Mr. Whigham has thirty-two years experience with the Firm with seventeen years experience in court collections. Mr. Whigham oversees all aspects of administration and operations of the Fines and Fees Division. He is responsible for all business matters between the City and MVBA and is available to consult with staff, City Administration, Judges and City officials. Julie Morgan/Field Services Manager has thirty years experience in receivables management and consulting services including twenty years experience in court and city account receivables management. Ms. Morgan has been with the Firm since 2004. She leads a team of ten Client Service Coordinators that provide one-on-one onsite support to our clients. Ms. Morgan is available to consult with staff, City Administration,Judges and City officials. Katherine Torrence/Client Service Coordinator, serves as the dedicated on-site service coordinator for the City of Port Arthur project. Ms. Torrence has been with the Firm since 2017 and has 15 years experience as a Chief Justice Clerk in Guadalupe County. Alicia Worth/Client Service Manager has been with the Firm since 2009. She supervises a team of five internal Client Service Specialists and manages the internal telephony technology, client reporting, and other technical aspects of the program. Myssi Dickinson/Client Service Specialist joined our MVBA family in 2018 and is the dedicated internal client representative for the City of Port Arthur project. Myssi assists with day-today issues or questions. James Mansfield/Accounting Manager has been with the Firm since 2006. He maintains all client funds in the MVBA Trust Account, posts payments to the collection system and invoices clients for fees due the Firm. He also supervises the work of two accounting associates. Kathy Coats/IT Programming Manager joined MVBA in 2003. Ms. Coats have over 27 years experience in systems analysis and programming. She is the Fines and Fees Division's database manager and is assigned to the City of Port Arthur Project to oversee all data compatibility issues. Section A I Qualifications Page 14 of 15 mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court WARRANT ROUND-UP/AMNESTY PROGRAMS MVBA has been assisting our clients with/arundand amnesty programs since we launched our Fines and Fees Division. MVBA assists all our clients annually in the Great Texas State-wide Round-up as well as localized warrant round-ups or amnesty programs. Your MVBA Project Manager i.meets with the Cite i identify specific opportunities furant round-# We mail special letters and conduct telephone campaigns that have greatly increased collections for the courts. These sru]anailinia and#0121mfestettpatgniare used to supplement the efforts of each court and generate a greater response. In addition to mailings and phone campaigns, MVBA assists in getting the word out through various media streams. We also support our clients with these same services when initiating local warrant round-ups or amnesty programs. MVBA can provide door hangers and/or other notifications as the City deems necessary, for the City's police department or warrant officers to use in the Statewide Round-up as well as localized round-ups. These services can help expand our clients' resources during these times of ever increasing budget restraints. MVBA works closely with City Marshals and warrant officers in all their efforts to locate defendants. The relationship with the Firm and law enforcement is designed to provide supplemental resources during warrant round-ups and in the daily routine of locating defendants. Utilizing our many licensed skip-tracing resources, we can provide defendant information in virtually any format required and at the frequency desired. Warrant Round-up Statistics The following table illustrates revenue recovered for 2018, 2019, and 2020 Warrant Round-up periods. (These figures do not represent cases closed due to community service, dismissals, time served or other non-revenue closures due to our efforts.) Although we sent more letters than prior years and conducted extensive phone campaigns, we had many less clients participating in these last few years. We attribute the lack of participation due to recent Texas Legislation prior to 2018 and the impact it had on many judges and courts' reluctance in conducting warrant round-ups. In 2020 we also had less participation due to Covid court closures and lack of warrants being issued. In addition, we also assist many clients in local warrant round-ups in the Early Fall. Year Date Paid Month Paid Client Paid MVBA Grand Total February $2,872,833.20 $1,031,460.93 $3,904,294.13 2018 March $2,579,131.49 $1,050,758.20 $3,629,889.69 April $1,886,593.49 $760,747.25 $2,647,340.74 2018 Total $7,338,558.18 $2,842,966.38 $10,181,524.56 Februaa $2,780,467.96 $1,184,293.42 $3,964,761.38 2019 March $3,296,205.26 $1,435,213.56 $4,731,418.82 April $1,996,169.77 $902,360.12 $2,898,529.89 2019 Total $8,072,842.99 $3,521,867.10 $11,594,710.09 February $2,815,365.62 $1,038,377.22 $3,853,742.84 2020 March $2,067,311.86 $955,856.46 $3,023,168.32 April $975,958.13 $610,488.71 $1,586,446.84 2020 Total $5,858,635.61 $2,604,722.39 $8,463,358.00 Section A 1 Qualifications Page 15 of 15 mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court B. COLLECTION PROCEDURES PROJECT MANAGEMENT ORGANIZATION The MVBA team has gained wisdom from implementing solutions for hundreds of Texas clients similar to Port Arthur. M ;,ocessful.ca l diapiciplatigaggAfter contract execution, the City was assigned a qualified and effective Project Management Team. MVBA implements our program within thirty days upon contract receipt, providing the City and Court is ready to begin implementation. MVBA receives files electronically and processes these account files within 24 hours of receipt. The organization of the project is developed and managed through your MVBA Project Manager and MVBA's Fines & Fees Management Team. Upon receipt of contract MVBA utilizes a department- wide communication process that initiates the process of onboarding. A 30 day implementation plan is guaranteed. Each department has specific duties and tasks involved in the set-up and maintenance of the project. Each department manager and their individual team understand their role and duties and the importance of expediting each task involved. Quality control and assurance checks and tools are in place to guarantee a smooth onboarding experience and ensure a quality, customized program is launched and maintained. O U O Director of Compliance O U U Call Center Field Services Supervisor Manager 0 ODirector of Collections O U U Accounting Client Service MVBA Fines & Fees Manager Coordinator Management Team Data Processing Client Service Manager Supervisor Section B Collection Procedures Page 1 of 12 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen PC Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court COLLECTION PROGRAM HIGHLIGHTS • COMPREHENSIVE CASE ANALYSIS Once City of the cases are uploaded into the MVBA computer system, our staff reviews them critically. We identify defendants that require immediate attention and devise strategies for initiating appropriate collection procedures. We determine the distribution of dollars by year and the status of each case. In turn, you receive an inventory report which ensures the accuracy of the information loaded into our system. • ELECTRONIC ADDRESS/PHONE NUMBER UPDATING To ensure that MVBA has the latest address and phone number information for the City of Port Arthur defendants, we process your names, addresses and phone numbers through various electronic research programs. The electronic data research programs used include TransUnion TLOxp, Experian, Insight Collect, LexisNexis (Accurint), Choice Point, NCOA, Accumail, and Acollaid. All new information is electronically updated to our computer system and made ready for the collection process. • SCHEDULED WRITTEN NOTIFICATION MVBA mails notices within 24 hours of receiving your delinquent case information. Subsequent mailings follow a work calendar that we develop with you, but at the minimum as those required and outlined in the City's RFP. Our notices have been proven to increase the number of cases you resolve and your revenues. All of MVBA's letters are in both English and Spanish, and comply with federal and state collection laws. Letters are tailored to the case status of each defendant. They state the description, location and date of the event, the amount due, telephone contact number and online payment information. A tear-off portion and envelope for return payment is also included. All letters are subject to the approval of the City and MVBA is able to customize letters as well. • AUTOMATED TELEPHONE NOTIFICATION Beyond letters, MVBA uses an automated call system to maximize defendants contact rate and increase your revenues. Defendants are given a toll-free telephone number, connecting them with trained collection specialists. Collection specialists, 90%bilingual, also initiate telephone contact with defendants (only between 8 am and 7 pm, Monday through Friday). Whether answering or initiating calls, MVBA specialists provide the personal contact needed to reinforce the importance of satisfying their commitment to the court. If telephone numbers are missing or found to be incorrect, they are flagged and transferred to our skip tracing department. • EXPERT PRODUCTIVE STAFF When your defendants contact MVBA by telephone or by written correspondence, they are answered by our qualified bilingual staff. If a question is beyond the level of our regular staff, attorneys are available to speak with defendants. Section B I Collection Procedures Page 2 of 12 mvba Going FurtherT. . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Internal review and productivity goals are part of our ongoing expectations for staff. MVBA's floor supervisor routinely audits all collection specialists to ensure compliance with MVBA's collection approach. Coaching or retraining may be undertaken when necessary. In addition, specialists have collection goals. This allows MVBA to evaluate the collection results and the effectiveness of each specialist. • ADDRESS CORRECTION FOR RETURNED MAIL If mail is undeliverable or returned because an individual has moved, the United States Postal Service electronically transfers information about these events into MVBA's computer system. If the post office provides a new forwarding address, the case is automatically updated and flagged for re-mailing. If not, the case is flagged as having received returned mail and is forwarded to our skip tracing department for more research. • INTERACTIVE SKIP TRACING Once electronic solutions fail, the City's cases move to MVBA's Skip Tracing Department. Personal intervention is sometimes vital to successfully locating and resolving cases with bad addresses or unavailable phone numbers. Our staff uses several licensed regional and national databases to manually skip trace your cases. • CASE RECALLING ON DEMAND City of Port Arthurmay recall cases for any reason. When cases are recalled or cancelled, MVBA is able to produce an electronic notification in report format to the court to confirm cancellation of accounts. • DEFENDANT PAYMENT OPTIONS— PAY COURT ONLY Experience shows that offering defendants various payment options increases your chances of collecting. MVBA notifies defendants by letter and phone call to pay the amount due directly to the Court by cashier's check, money order and credit card or electronic check if the Court can accept that method of payment. MVBA directs defendants to the court's payment website and/or can process the payment on the court's payment website while the defendant is on the phone. MVBA forwards the next business day all checks made payable to the Court and MVBA but mailed to our office. • DEFENDANT PAYMENT OPTIONS—MVBA ACCEPTS PAYMENTS MVBA understands that it will refer all defendants back to the court for payment as stipulated in the City's RFP. However if the City chooses to change this methodology, MVBA is capable of accepting payment on behalf of the court and does so for 98 percent of all our clients. The more options for payment that are offered, the greater the opportunity for cases to be collected. When MVBA accepts payment on the Court's behalf, defendants can pay by MoneyGram, cashier's check, money order, electronic bank draft, or credit card through our 24/7 payment webiste or by calling our toll-free number to speak with a specialist. l-1 Gm � 4111M eMaaey Transfer DISC VER' - ?� Section B Collection Procedures Page 3 of 12 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court When MVBA receives payment, we post it to the case and deposit the funds into our trust account. You receive notifications twice daily of payments received. MVBA will remit funds at the frequency the City requires either by check or ACH deposit but at the minimum, weekly. You receive a check with a detailed deposit report of payments. • DEFENDANT ONLINE INQUIRY Your defendants need to be able to review their case information and payment history. Empowering them with information and with convenient payment options are proven ways to successful collection. In the initial letter received, defendants receive a unique reference number for their case, and will be directed to Court's website when inquiring on their case online. • CLIENT WEB ACCESS With MVBA's Client Web Access, you can see exactly what has been accomplished on the City of The Colony's cases---at your convenience. Security is guaranteed with your secure login. Online, you can review collection activity reports, view call center activity, access individual defendant information, send and track messages, and much more. The City may have an unlimited number of secure user logons. • COMPLAINT/DISPUTE RESOLUTION Your defendants receive the same exceptional service, professionalism and ethical treatment that you do. Our goal is to have no complaints/disputes about our collection activity. But when complaints arise, MVBA strives to resolve them promptly, to the satisfaction of all parties. Upon oral or written notification of a complaint/dispute, we immediately suspend all collection activity pending case review. We enter the information into our Professional Practice Management Tracking System, which automatically emails our management team for prompt review. All notes and collection phone calls are reviewed to determine the validity of the complaint/dispute. All phone calls into the MVBA call center are recorded. MVBA has the ability to email the City a call recording in a .wav file or other format upon request. The tracking system monitors and sends automatic reminders to ensure the matter is resolved within a prescribed timeframe. If it is not resolved within that time, the system automatically escalates the matter to executive management. This means the City of Port Arthurcan be confident that matters are resolved timely. Section B I Collection Procedures Page 4 of 12 mvba Going Further': . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court COLLECTION PROGRAM FLOWCHART The following flow chart illustrates MVBA's collection methodology in resolving outstanding cases. Account Data Imported from Client 1 i Data Exported for Address/Telephone Number Verification or Correction Skip-Tracing 1 V A Updated Data Imported into Telephone Incorrect Phone MVBA System ► Campaigns Initiated ► Number(s) i I Prepare and Mail Letters ►{Ft;C it`ity7"`:) V' Disputes sent to .4 ,-, manager 1 ►(7 ill-Z`-Ts) Research Dispute with Client Pica with ►(f rat-�� Payout T T V 1 Default on ► Generate& ' =C 9 Dispute Resolved Unresolved I i Agreement Mail Letter Debtor Notified Debtor Owes / Debt. Debtor Contacted i Mail Returned ►i Skip-Trace Account A 1 i Cancelled& Recalled Section B I Collection Procedures Page 5of12 mvba Going Further". . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court COLLECTION PROJECT TIMELINE Port Arthur Municipal Court Telephoe Caai fggnesan egpin t ® Project Pre-Implementation Meeting 041 Withins connn hoursm pas xs rceiB ( One-on-one Consultation planning and A carts 3until V collaboration with Port Arthur weekly contact is made Phase I-Project Implementation Postcards and Letters Mail MVBA Project Management Teen* At least 3 mailings occur within 90 meet and facilitate client set-up days and every 6 weeks thereafter ject Implementatl n Skip-tracing ProPhaseject II— ManagerPro and CSC meet Batch skip tracing is done on +g, with Court Staff and review • ali cases with bad address or processes to go live phone.The process repeats itself every 10-12 weeks Go Live—Electronic File Transfers Begin D Quarterly Business Reviews Data is uploaded via SFTP to MVBA and quality of data checks are performed Quarterly reports are generated end a results analyzed.CSC On-site consultation .4 -Pre-Implementation Meeting Call(virtual or on-site)with Client Management Team (within 2 weeks) B -Project Implementation—MVBA organizes internal processes,facilitates client set-up (within 30 days) C— internal MVBA Project Implementation Meeting with MVBA staff(review of project) (immediate after implementation) D - Go Live—Electronic file transfers, data quality review(within 24 hours of file upload) E- Telephone campaigns begin after 48 hours of file receipt and continue 3 times weekly F - Post cards/letters mail (3 mailings in the 1St 90 days) and every 45 days thereafter or when a new address is found G - Skip-tracing both batch and through our dedicated skip-trace department, the process repeats every 10-12 weeks H—Quarterly Business Reviews, CSC on-site consultation Section B I Collection Procedures Page 6 of 12 mvba Going Further': . . McCreary Veselka Bragg&Alien P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court ADDRESS RESEARCH AND SKIP-TRACING Address Research • Cases may be delinquent because the address of the defendant is not current. A successful debt collection program requires an exhaustive address research effort. Many delinquent cases are collected when proper attention is given to finding the correct address of a defendant. Upon receipt of delinquent case files, MVBA identifies cases with multiple offenses and also links any other outstanding cases within our database. • Upon receipt of a file of delinquent cases/accounts, MVBA processes the names of defendants through various electronic data research programs to obtain the latest address information. • A case with an incorrect address is identified on our computer record so that it will receive special attention. • Through the use of these sources of information, MVBA is very successful in locating the correct addresses of defendants and obtaining payment. Skip tracing is initiated on returned notices using licensed Internet Search Engines to obtain Social Security Numbers, Driver's License Numbers, phone numbers, and other pertinent information to locate defendants. Skip-tracing Skip tracing is one of the most important tools used to ensure successful recoveries. Cases are worked through an automated skip trace "waterfall" process. In the waterfall process, cases flow through a progressive series of pre-qualified steps to determine the best address and phone number to contact the defendant. In addition, MVBA has a staff of five Information Specialists dedicated solely to locating defendants where electronic tools have failed to yield a good address. All new information is immediately "attached" to the account via a "back screen." Our collectors have a "hot key" so that all skip trace updates are just a keystroke away. Information updates include: The actual address and owner for each phone number supplied to us by the City, telephone numbers and owners associated with each address, names, addresses, and phone numbers for nearbys; and names, addresses, and phone numbers for "surname" matches by region. MVBA uses numerous licensed information sources. Some of those used include;Lexus Nexus, ID!Core, Accumail, Choice Point, National Change of Address database, and Credit Bureau headers. Section B I Collection Procedures Page 7 of 12 mvba Going Further': . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court DEFENDANT NOTIFICATION Written Notification • Written notices, duplexed in English and Spanish, are mailed to defendants informing them that McCreary, Veselka, Bragg& Allen, P. C., Attorneys at Law, has been retained to collect the debts listed, apprise the defendant of their obligation and provide information for making payment. • Written notices contain a unique reference number and defendants can go to MVBA's 24/7 website to make inquiries, where they are directed to the Court's website for payment options. • MVBA monitors delinquent notices to ensure deliverability by the Post Office. Additional research is conducted on returned mail and new notices are promptly sent when new addresses are located. Telephone Notification • MVBA's computerized Call Center enables our trained professional staff, through the use of our predictive dialer, to contact defendants. Utilizing this technology, our call specialists are able to increase actual contacts by up to 400%, thereby, increasing case resolution and revenue for our clients. • MVBA provides a toll-free phone number to defendants seeking additional information or information on how to make payment. • The call center operates Monday through Friday from 8 am to 7 pm. • When a new telephone number is identified it is immediately placed back into the dialer que and added to the dialer campaign schedule. • MVBA provides bilingual collection specialists. • MVBA's Latitude software automatically monitors all accounts for current activity, maintains appropriate collection activity files, and systematically follows up on unpaid accounts. Please see Exhibits 2 and 3 respectively for sample collection letters and the telephone scripts used by MVBA. Letters are made available to the Judge/Court for inspection and approval prior to implementation. MVBA is able to customize these letters. Section B I Collection Procedures Page 8 of 12 mvba Going Further': . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court FINES AND FEES CALL CENTER FLOWCHART MVBA Collection System A Outbound MVBA Call Center Phone Calls ) Collection Specialists (inbound Phone A Calls i ► Account Paid Unresolved and 1 Forwared to 13 / Collectable -i Dispute ► Manager for K� ff Review 1 A Resolved Account Paid' I v ► Promise to Pay pFollow hone Call Cry. ,t Y No Payment—_ P -- ►(��i �,���,,� �:��? Incorrect Phone i Skip Trace for 1 ► Number(s) New Number Section B I Collection Procedures Page 9of12 mvba Going Further'": . . McCreary Veselka Bragg&Allen PC Attorneys at aw City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court RESPONDING TO DEFENDANT INQUIRIES Letters and postcards always result in numerous phone calls from defendants. MVBA provides a toll free number for the defendant's use. MVBA staff members will answer defendant telephone calls and respond to the most common questions and concerns. Attorneys are available to speak with any defendant who has a question beyond the experience or knowledge level of our professional staff. Defendant disputes shall abide by the policy of your court. MVBA provides defendants with the Firm's address and toll-free phone number enabling them to contact us to discuss the notice. Each defendant is treated with respect and courtesy. The defendant is asked to provide proof when they state that they have paid or made restitution for an offense. Files are noted with a"dispute status" and the defendant is given an opportunity to provide the information. Written correspondence relating to a dispute is forwarded to the court for their records. In some cases additional information may be asked for to provide the defendant. Should the City remove the balance due from the case, the information is posted to the computer file and the case is closed in our system. There are no fees due MVBA on cases where money has not been collected. Persons who indicate they are indigent are referred to the Court for community service and/or other court ordered means for clearance. While administering an effective aggressive collection program, the Firm's philosophy is predicated on ensuring that each defendant is treated with courtesy and respect. Every call and letter will be answered. All help and assistance, short of legal advice, will be provided to the defendant. Collections are the major goal of our efforts, but good relations with the defendants are essential to enhancing your collections and creating a spirit of mutual respect and cooperation between the defendant and the City. COMPLAINT RESOLUTION MVBA understands that exceptional service applies to the defendant as much as it applies to the City. In the rare instance that a complaint is received regarding our collection activity, MVBA will immediately suspend all collection activity and present the account to management for review. The complaint will be appropriately logged and entered into our Professional Practice Management System (PPMS). The pertinent activity reports, letters, and collector notes will also be attached to the database log as part of the City complaint file. Senior Management is responsible for any complaint received, whether such complaint is valid or not, and will follow through with the City to assure that the matter is resolved to both the City's and the defendant's satisfaction, using both written and verbal communications. Each and every phone call into or outbound at the MVBA Call Center is recorded. This is part of our ongoing commitment to transparency. Should the City request a recording of a call, we can provide you a copy of the recording almost instantaneously in a .wav file or other standard file format. Section B I Collection Procedures Page 10 of 12 mvba Going Further'. . . McCreary Veselka Bragg&Allen P.0 Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court NON ENGLISH SPEAKING DEFENDANTS Defendants who do not speak or understand the English language will be assisted by a staff member who is fluent in the Spanish language. MVBA's call center is ninety percent (90%) bilingual. Our Call Center Supervisor, Cathleen Smith, is multi-lingual speaking five languages including Spanish. In addition MVBA employs bi-lingual (Spanish) attorneys, client service coordinators and administrative staff. This ensures there are no language barriers when communicating with MVBA. MVBA's staff in Round Rock has sixteen who are fluent in English and Spanish: TELEPHONY TECHNOLOGY Through our LiveVox software and our advanced dialing technology, our collection specialists can successfully complete up to 250 calls per shift. In addition, the software as the ability to complete up to 12,000 calls per day, relaying operator intercepts, busy signals to retry, and marking notes accordingly on each account in MVBA's Collection Software. Our system screens out busy signals, no answers, operator responses, and updates the cases for call backs at another time. It anticipates how long an operator will be on each call, and has the next caller on the line when the call is completed. Unlike telemarketing firms, algorithms are utilized so that the outbound dialing speed is automatically adjusted to be sure there are no "dead zones"when the called party answers, thereby eliminates hang-ups and increases productive contacts. One of the most productive aspects of our dialing technology architecture is that the system is co-resident with our Latitude Software. Every collector is connected to the dialing software through our collection system which eliminates any restrictions on the number of collection specialists allowed on a call campaign at one time. All phone numbers provided by client are scrubbed to determine whether they are a landline or cell phone. All phone numbers discovered while skip tracing are also verified as either landline or cell phone. We use state of the art dialing technology for all of the landlines. Cell phones are placed in this technology once consent is received from the defendant. There are no"Robo Calls". All calls are attended by a professional collection specialist and once a number is answered, either live or voicemail, the specialist takes the call over to talk with the individual or to leave the message. There is no wait time between the time the call is answered and the time the specialist takes over the call. Cell phones with no consent are manually dialed by the collection specialist during designated daily campaigns. All calls are compliant with the Fair Debt Collection Practices Act (FDCPA) and Telephone Consumer Protection Act (TCPA) as well as Texas Debt Collection Act and other state laws. Professional Collection Specialists receive regular refreshers on all applicable laws or changes as well as professional techniques. SAMPLE PHONE SCRIPTS Please see Exhibit 3 of this proposal for a sample phone scripts. Section B I Collection Procedures Page 11of12 mvba Going Further": . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court WARRANT ROUND-UP METHODOLOGY • MVBA has extensive experience in working with our clients in warrant round-ups as well as amnesty programs. MVBA assists all clients annually who decide to participate in the Great Texas State-wide Round-up as well as localized warrant round-ups or amnesty programs. Your MVBA Project Manager and Client Service Coordinators meet with the City personally to coordinate with the Court and identify specific opportunities for enhancing your warrant round-up. Historically over the years, MVBA's Warrant Round-up methodology has followed the guidelines as set forth annually by the City of Austin. We have followed the calendar of events set forth including announcements, press releases, and date of initial mailings. In 2018 the City of Austin elected to discontinue its involvement and leadership role in this event. Many of our clients elected to not participate in this annual event as a result. North Texas was not affected much with this change and continued to move forward as a leader and MVBA followed their calendar of events in coordinating our mailings and phone campaigns. We proactively sent out pre-warrant round up memos to clients with target dates for mailings and surveyed all clients as to whether they are participating or whether they wished to be excluded from our mailings and phone campaigns. Each year we mail special letters and conduct telephone campaigns that have greatly increased collections for the courts. These specialized mailings and telephone campaigns are used to supplement the efforts of each court and generate a greater response. Additionally, to further reduce costs accrued and to help increase efficiencies, MVBA will also mail round-up postcards on behalf of our clients, at no charge, for cases that have not yet been placed for collections. MVBA assists clients seeking assistance in getting the word out through various media streams including; local publications, billboards, door hangers or other tools. MVBA assists our clients that initiate their own Warrant Round-up or Amnesty programs. Our methodology is directed by the specifics of the localized round-up. Custom letters are created and mailed in direct correlation to the calendar of the local round-up. In both the Statewide Round-up and localized round-ups or amnesty campaigns, MVBA provides these services at no cost to the City. MVBA understands that the main objective of a round-up is to increase case closures by payment or court appearance in an effort to resolve cases. Our objective is to make contact with the defendant and help motivate them to satisfy their commitment to the court before an arrest occurs. MVBA mails notifications and initiates dialer campaigns for our clients. Typically, we stagger 3 mailings (two mailings before the round-up and one immediately after the round-up begins). Our computer system flags cases that are not in warrant and only sends notices on cases that are in active warrant status. Before and during the Warrant Round-up, we continually run phone campaigns to get the word out and encourage defendants to avoid arrest and pay their warrant or appear before the court before the round-up period begins. MVBA is the first and longest standing sponsor of the Texas Marshals Association. The collection program is designed to work in conjunction with the Marshals/Warrant Officers existing policies and procedures. Section B I Collection Procedures Page 12 of 12 mvba Going Further". . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court C. COLLECTION STAFFING & SYSTEMS FINES AND FEES KEY PERSONNEL FLOWCHART This chart depicts the MVBA Fines & Fees Key Personnel that is assigned to oversee and manage the collection program for the City of Port Arthur Project. Attorneys Harvey M.Allen Gilbert T.Bragg Matthew Tepper Craig Morgan M.Elizabeth Vaughn John O'Connell Noe Reyes Director of Collections Steven Whigham Field Services Manager Julie Morgan IT Management ' Collection Cal I Data Processing AccountingeAdministrative Client Service Comer Manager Mark Hahn Russ Koneiczny Support Manager Cathleen Smith James Mansfield Client Service Kathy Coats Teresa Gregory JoAnne Dutton Alicia Worth Coordinators Brian Odendahl Brianna Bruce Ivy Arroyo 1 Tiffany Penhallegon Chris Veselka Marc Salinas Software and Client Service Pshyara Thompson Collection !Hardware Engineers, Representatives Katherine Torrence Specialists Programmers Asodatys and Lindy Priddy Research Specialist Leland Herron John Morris Section C I Collection Staffing&Systems Page 1 of 14 mvba Going Further": . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court PROJECT MANAGEMENT TEAM FLOWCHART This chart depicts the Lead Staff and Project Management Team that is responsible for the City of Port Arthur project. City of Port Arthur Fines& Fees Project Management Team r I I I I I I I I I Craig Morgan Steven Whigham Harvey Allen Matthew Tepper I Director of Operations Project Attorneys Attorney I I I I I I I I Julie Morgan I Field Services Manager Contract Administration Legal I I I Katherine Torrence - Client Service Coordinator City Officials Finance I I I N James Mansfield I Accounting Manager City of Port Arthur � � I I Judge& j I Alicia Worth Court Staff Client Service Manager I I Myssi Dickinson Client Service Specialist I I I I � _ r Section C I Collection Staffing &Systems Page 2 of 14 mvba Going Further'. . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court KEY PERSONNEL QUALIFICATIONS Harvey M. Allen, President, is the attorney responsible for the Debt Collections program. Mr. Allen is available to consult with City officials and staff regarding the status of the collection program. He has been a member of the Firm since 1981. Mr. Allen serves as a legal counsel and administers the Debt Collection Program and is also a Certified Public Accountant. Mr. Allen is a member of the State Bar of Texas and is admitted to practice in Federal Courts. Mr. Allen is the attorney responsible for the delinquent tax collection programs in Williamson County, Midland Central Appraisal District, Bowie Central Appraisal District, and the Tax Appraisal District of Bell County, among others. He is active in all phases of MVBA's work, including trial and appellate practice involving both collection and appraisal matters. A certified public accountant, Mr. Allen formerly worked on the audit staff of one of the major Certified Public Accounting firms in Houston. Mr. Allen is a member of the Texas Society of Certified Public Accountants. Mr. Allen attended Baylor University and obtained a B.A. degree in 1975. He entered graduate school and received a Masters in Business Administration degree in 1977. After working in public accounting, he returned to Baylor University School of Law and received a Doctor of Jurisprudence degree in 1981. Mr. Allen is a member of the State Bar of Texas and is admitted to practice in Federal Courts. Gilbert T. Bragg, Secretary-Treasurer, is available to consult with City officials and staff regarding the status of the collection program. Mr. Bragg has over thirty-eight years experience in collection law. He is the managing attorney for the MVBA delinquent tax collection programs in Comal and Hays counties. He has been a member of MVBA since 1978. Over the years Mr. Bragg has worked with virtually all of the Firm's clients, providing legal advice and representation in all phases of delinquent tax collection litigation. He is a member of the State Bar of Texas and its committee on Ad Valorem Taxation. Mr. Bragg attended Baylor University on a United States Air Force ROTC scholarship. He received a B.B.A. degree in 1972 along with a commission as a Second Lieutenant in the Air Force. He received his Doctor of Jurisprudence degree from the Baylor University School of Law in 1973. After graduation from law school, he was promoted to the rank of Captain. He was a Judge Advocate in the United States Air Force from 1974 until 1978. Matthew Tepper, Vice President, is available to consult with City officials and staff. Mr. Tepper assists Mr. Allen in the management of the debt collection program. Mr. Tepper serves as the Project Attorney for the City of Port Arthur Project. Mr. Tepper joined MVBA in 2005, and has handled numerous cases in Texas state and federal trial and appellate courts. He provides legal representation in the areas of appraisal district litigation, property value study litigation and general litigation. Prior to joining MVBA, Mr. Tepper was an Assistant Attorney General for the State of Texas where he litigated civil rights, tort, and employment lawsuits on behalf of the state's law enforcement agencies and officers. Section C I Collection Staffing & Systems Page 3 of 14 mvba Going Further`. . . McCreary Veselka Bragg&Allen PC Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Mr. Tepper attended the Baylor University School of Law and received a Doctor of Jurisprudence degree in 2000. He is a member of the State Bar of Texas, the Bar of the United States District Court for the Western District of Texas, and of the Fifth Circuit Court of Appeals. Craig Morgan, Managing Attorney, is available to consult with City Officials and staff. Mr. Morgan joined MVBA in July 2006. He is the managing attorney that oversees the delinquent tax collection efforts in Denton, Williamson County, and Milam Counties. Mr. Morgan serves on the St. David's Round Rock Medical Center Board of Trustees, is a current member of the Rotary Club of Round Rock, and currently serves as Mayor of Round Rock. Prior to law school and coming to MVBA, Mr. Morgan was employed as the Tourism Development Director for the State of Texas. In this capacity, he traveled throughout the State of Texas speaking to groups ranging in size from 10-300, testified before several Texas Legislative sub-committees, and wrote many wide-ranging reports on tourism/economic development issues. While in this position, he represented the Tourism Division on several boards. M. Elizabeth "Liz" Vaughn, Shareholder, is available to consult with City officials and staff regarding the status of the collection program. Ms. Vaughn joined the firm in 2008 and has practiced in this field for over twelve years. She is the managing attorney in our Longview office handling all aspects of delinquent property tax matters. Ms. Vaughn has practiced in this field since 2000 and has experience representing a varied group of taxing entities, large and small, rural and metropolitan. Ms. Vaughn received her Bachelor of Arts degree in Business Administration from Austin College in Sherman, Texas in 1994. After doing post-baccalaureate work at Baylor University in Waco, Texas, she received a J.D. from St. Mary's University School of Law in 1999, and simultaneously completed her M.B.A. there. John O'Connell, Shareholder, is available to consult with City officials and staff. Mr. O'Connell is the managing attorney for the firm's Abilene office. He is responsible for the administration of the collection programs for various taxing jurisdictions throughout an eleven-county region. He is a member of the State Bar of Texas and Abilene Bar Association. John was born in Columbus, Georgia and attended high school in Albuquerque, New Mexico. He entered the United States Military Academy at West Point in 1994 and graduated with a Bachelors of Science in 1998. Following graduation, John was commissioned as a Second Lieutenant in the Infantry and assigned to the Second Battalion, Eighth Infantry Regiment, in which he served as a rifle platoon leader and battalion adjutant. John is a veteran of Operation Iraqi Freedom Section C I Collection Staffing & Systems Page 4 of 14 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court DIRECTOR OF OPERATIONS Steven Whigham is Director of Operations and supervises all work to be performed under this contract. Mr. Whigham has almost 33 years experience with the Firm and was critical in launching our Fines & Fees division in 2001. He became Director of Client Services in 2004 and in 2008 he became Director of Operations. Mr. Whigham manages all aspects of administration, operations and compliance of the Fines & Fees Division. Mr. Whigham is the recent past President of the American Collectors Association of Texas. Prior to becoming its President, he served a Unit Director for the American Collectors Association of Texas and served on the American Collectors Association International (ACA) Membership Committee; Public Relations Committee; and Legislative Committee. Through ACA International he is certified as a; Certified Professional Collections Specialist; Certified Credit and Collection Compliance Officer; and Certified Healthcare Collection Management Professional. FIELD SERVICES & COMMUNICATIONS MANAGER Julie Morgan is Field Services & Communications Manager. Ms. Morgan has thirty years experience in receivables management services including twenty years experience in municipal, county, and justice court collections. After studying Marketing and Communications at Southwest Texas State University, she launched her financial management career with Dun & Bradstreet Business Credit Services/NA obtaining certification in Dun & Bradstreet's Credit and Financial Analysis education programs. After ten years as a D&B Consultant, Ms. Morgan was recruited by Gila Corporation where she managed a staff of eight Client Services Representatives and a portfolio of over 800 government clients. Ms. Morgan began her tenure with MVBA in 2004. Ms. Morgan leads and supports a team of ten Client Service Coordinators. She uses her knowledge of receivables management and court processes to assist clients in implementing and maintaining innovative collection solutions that enhance performance. As a qualified manager in product, personnel, project management and communications, Ms. Morgan possesses excellent communication skills and continually provides insight into developing new services and products to provide enhanced services to our clients. Ms. Morgan is well versed in all major software export programs and has a comprehensive understanding of MVBA's collection software and processes. COMPLIANCE DIRECTOR Tara LeDay is Associate Attorney and Compliance Director. Ms. LeDay joined MVBA in 2012. She earned her BA in Sociology at Southwestern University and went on to earn her JD from the Baylor University School of Law. Ms. LeDay joined our MVBA team of attorneys in 2017. In 2018 Ms. LeDay was designated as the Director of Compliance for the Fines and Fees Department. Her role includes establishing compliance strategies by contributing information, analysis, and recommendations in order to better align the department with organizational objectives and federal regulations; ensures that department policies are accurate, current and in compliance with federal and state regulations, while also reviewing and updating policies as the laws change; Section C I Collection Staffing & Systems Page 5 of 14 mvba Going Further'"... McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court develops/modifies company forms and contracts used in the business operations; develops, plans, and hosts regulatory and compliance training; and interprets and disseminates information on regulatory matters. CLIENT SERVICE COORDINATORS (CSCs) Personal service has been the hallmark of MVBA since 1961. Our Client Service Coordinators (CSCs)are on-site with our clients and assist in the technical implementation and education of our program. They are very knowledgeable in operations and trained in the collection export procedures of client software programs. They are continually on-site with clients to implement and monitor the collection program. MVBA has ten CSCs that serve our fines&fees clients in the State of Texas. We have expanded our field staff in direct proportion to our growth, this ensures that our clients receive the quality of service they deserve and all CSCs have a manageable workload that never impedes on their ability to service our clients quickly and effectively. One of our CSCs is a former court administrator and is a Level II Certified Court Clerk. One CSC is a former Chief Justice Court Clerk with fifteen years court experience and taught for the Texas Justice Courts Training Center. Two CSCs are former peace officers with collectively over 30 years experience as City Marshals. This group of qualified professionals provides day-to- day on-site support to you and your staff. The combined collection experience of the MVBA CSC Team is over 175 years. CLIENT SERVICE COORDINATOR-CITY OF PORT ARTHUR Katherine Torrence, Client Service Coordinator, serves as the Project Manager and local on-site service coordinator for the City of Port Arthur Project. Ms. Torrence has twelve years experience in managing court processes. Ms. Torrence joined MVBA in 2017 after serving as a Chief Clerk for a court in Guadalupe County. Ms. Torrence assists in the management and ongoing maintenance of the project. She regularly meets with the Court and City staff to monitor the success of the collection program. Ms. Torrence is well versed in all aspects of court collections and processes. She is knowledgeable in numerous court management software programs including LT Systems, as well as MVBA's internal collection processes and procedures. CLIENT SERVICE MANAGER Alicia Worth is Client Service Supervisor and Client Service Liaison. She manages the technical functions of MVBA's telephony technology, client web access, statistical reporting and data management flow. She assists clients with day-to-day questions and issues. Ms. Worth supervises a staff of five internal Customer Service Representatives and Information Research Specialists. Ms. Worth has eleven years experience with the firm. Section C I Collection Staffing &Systems Page 6 of 14 mvba Going Further-- McCreary McCreary Veselka Bragg&Alien PC Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court INFORMATION TECHNOLOGY MVBA's Information Technology Management Team consists of a Network& Systems Administrator, Data& Security Architect, System Analysts, and Hardware and Software Programmers and Developers. Kathy Coats is a System Analyst/Programmer with over twenty-seven years experience. She has been with MVBA since 2003 and is a vital part of the MVBA team. She is the Fines and Fees Division's data base manager and is assigned the City of Port Arthur project to oversee all data compatibility issues. DATA MANAGEMENT Russ Konieczny is the Data Administration Manager. He coordinates, processes, and manages data files and provides MVBA computer support to clients. Mr. Konieczny has over twelve years experience in data file management and collections and has been with the firm for over twelve years. He is a Certified Professional Collections Specialist by ACA International. Teresa Gregory is the Data and Software Associate. She coordinates, processes, and manages data files and provides MVBA computer support to clients. Ms. Gregory has over fourteen years of experience in instruction and data file management and has over nine years experience with the firm. She is a Certified Professional Collections Specialist by ACA International. ACCOUNTING James Mansfield is the Accounting Manager. He maintains all client funds in the MVBA Trust Account, posts payments to the collection system, and invoices clients for fees due the Firm. He also supervises the work of four associates. Mr. Mansfield has over nine years experience with the firm. He is a Certified Professional Collections Specialist by ACA International. COLLECTION CALL CENTER Cathleen Smith is the Collections Center Supervisor. Ms. Smith joined MVBA in 2003 and has over twenty years of call center/collections management experience. She manages the call center staff in the communications with defendants and monitors collections. Ms. Smith is multi-lingual - speaking five languages fluently,including Spanish. She is a Certified Professional Collections Specialist. Ms. Smith supervises twelve Collection Specialists. ADMINISTRATION JoAnne Dutton is the Administrative Assistant and Lead Research Coordinator. Ms. Dutton manages all disputed matters and is the Administrative Assistant to the Director of Collections and Field Services Manager. Ms. Dutton has nearly twenty two years experience in office administration and has been with MVBA since 2002. She is a Certified Professional Collections Specialist by ACA International. Section C I Collection Staffing & Systems Page 7 of 14 mvba Going Further". . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court PROFESSIONAL COLLECTION STAFF AND TRAINING MVBA has forty-five employees that are directly committed to the collection of delinquent fines, fees, and accounts receivable. Of this number, thirty-six employees are directly involved in the daily collection of the delinquent cases for the City of Port Arthur Project. This staff is composed of a diverse and qualified group of men and women that includes bi-lingual speaking representatives; enabling our firm to effectively communicate and collect funds from a varied population. Fines & Fees Personnel Training: Personnel training is a key component of our collection program. As a member of American Collectors Association (ACA) International, the organization that provides instruction, seminars and continuing education on all the governmental regulations related to the collection industry, MVBA staff receives training that is relative to all aspects of debt collections. The management of MVBA is an active participant in the ACA educational programs and provides continuing education to the collection staff. All MVBA Collection Personnel are required to obtain and maintain Certification through ACA as a Certified Professional Collections Specialist. Our Certified Collection Specialists are required to maintain a working knowledge of Public Law 95-109, Fair Debt Collections Practice Act (FDCPA); review and understanding of Public Law 103-322, the Driver's Privacy Protection Act (DPPA); State law compliance; effective telephone techniques and client case management. Our management team facilitates this training to provide the highest level of competency and consistency possible for our clients. In addition to training in all aspects of State and Federal law regarding debt collections, the following is an example of additional training classes provided to collection specialists: • Company Policy • Professional Phone Collections Techniques • Promises that Pay • Effective Leadership • Collection Software • Money Gram Collections • Effective Skip Tracing Techniques • ACH Rules • Dispute Resolution • Talk off responses Section C I Collection Staffing &Systems Page 8 of 14 mvba Going Further": . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Ongoing Training: Other collection training includes ACA video training, audio tape library, real-time training with each Collection Specialist and monthly management meetings which include orientation, training and individual collector reviews. Our Team of Certified Collection Specialists has collectively over 140 years of collections experience, and collectively over 60 years court collection experience. LT SYSTEMS INTERFACING MVBA has two IT Managers that oversee the network and security of all systems and one IT Manager is dedicated to all programming and data compatibility issues as well as two Data Managers that actively handle data import and export files to and from the City and MVBA. In addition MVBA has a staff of six Programmers and Engineers. MVBA collection software is built on the latest Microsoft.Net® development and SQL Database technologies. Our software interfaces with all major software vendors. It automates and supports all aspects of our collection program. This includes skip tracing, the call center, payment processing, reporting, accounting, invoicing, and data file transfers. MVBA currently handles data provided in LT System's platform and maintains an excellent working relationship with LT Systems. MVBA works with several clients utilizing LT System's court program and we attend their User Conference annually to support end users. MVBA contracts with the following municipal court clients who utilize LT Systems court software; Port Arthur, Lewisville , Cedar Hill, Kennedale, Forest Hill, Little Elm, Gainesville, Justin, Bryan and Temple. All of MVBA's Client Services Coordinators are trained and have working knowledge, in the delinquent case export module provided by LT Systems. MVBA worked with LT System's owner and programmer to integrate our technology with theirs. This has resulted in a mutual benefit to our clients. Together, MVBA and LT Systems completed a successful pilot program in Cedar Hill that allows for the automation of payment history and posting from MVBA to the LT Systems software and visa-versa. This automation automatically posts transactions and recalls warrants in the client's system, thereby creating greater efficiencies for the court. Since that implementation, we are now fully automated with all of LT System clients who utilize the LT Systems"Virtual Clerk"module. LT Systems has also programmed an interface that provides instantaneous access to MVBA's Client Web Access portal. This is the tool MVBA provides our clients to view their collection cases and all activity, access reports, and send messages to MVBA. Section C I Collection Staffing & Systems Page 9 of 14 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court COMPUTER NETWORK MVBA has the most advanced hardware and software available for use in a Debt Collection Program. Dell Inc. servers and PCs using Microsoft Windows XP Professional Operating System provide the open architecture that is compatible with the City's software vendor. MVBA uses a national debt collection software package that has been customized to MVBA specifications to receive; data mine, process, and disseminate the information provided by clients in a variety of letters, reports, legal proceedings, and electronic medium. MVBA software interfaces with Incode Software. Our computer resources enhance communications with clients through the Internet or modem. The preferable delivery method for data transfer is email or SFTP. MVBA's secure network allows each client to send and receive information frequently as they desire. Software: Latitude Software is an advanced Collection Management System developed from today's standards in Information Technology. It delivers powerful features and functions standard in a true windows environment. Latitude Software includes an intuitive, easy-to-use GUI interface that allows you to perform cross queries by client/product/date received ranges/pay date ranges/work date ranges/good & bad addresses/best time to contact ranges/balance ranges/collector queues/etc. Once the City criteria are isolated, we can then move/export/ document /etc. the City's cases, managing the City's inventory. The Latitude Collection System provides the flexibility necessary to best serve our government client base. Data security is maintained by defining what features employees see and how they use them. The user defines how long an case is active, frequency of contacts, how and when they must pay, and when they are purged. Client billing, payment, and reporting cycles are established on a client-by-client basis. Real-time Changes and Status Reports: We have the ability to make changes to cases immediately as well as view current status reports. This provides the opportunity to maintain accurate records and alerts us to any needed changes to the collection program. For example, when an case is paid online or we are notified by the City that an case has been paid, the case is immediately updated and removed from collection activity, including a dialer campaign. IT Staff: MVBA has two full-time network administrators, one dedicated Fines and Fees Systems Analyst, two data information managers and 6 programmers on staff as well as our collection software vendor to analyze and implement enhancements to our collection program. Hardware: The IT staff at MVBA employs the latest in technology for their networking and storage architecture. The computers and servers in the central Round Rock office run over gigabit ethernet via DELL switches. Our branch offices and disaster recovery site are networked to the central office via secure IPSEC VPN to VPN connections over a 2xT1 WAN link using Cisco PIX firewalls. Connections to the internet at the Round Rock office are filtered using a Cymphonix Composer firewall device that Section C Collection Staffing &Systems Page 10 of 14 mvba Going Further-. . . McCreary Veselka Bragg 8 Men P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court allows the network administrators to filter web content, prioritize bandwidth, control applications for faster performance, monitor user activity and stop internet threats. MVBA runs MS Windows Server 2003 on all production servers in a virtualized environment utilizing an EMC Clariion CX310 processor and SAN with 2 Terabytes RAID 5 and 1/0 storage. VMWare ESX server software runs the virtual servers on three DELL PowerEdge 2950 servers; each have 12 GB of RAM and 2 quad core Xeon 2.66 Ghz processors. The PowerEdge servers are connected to the SAN via redundant Brocade switches. The configuration of these servers provide complete failover in the event of a hardware failure; virtual servers will"migrate"to one of the other servers with absolutely no downtime or interruption to the users connected and zero loss of data. The virtualized environment runs on a fiber optic backbone running at 2 GB. Critical data is mirrored/replicated using EMC RepliStor over the internet WAN link to our disaster recovery site so that there will be no loss of data. In the event of a complete crash of the collections data server, we can fail-over to a "mirrored" server at the disaster recovery site in less than 10 minutes with no loss of data. Data is also backed-up throughout the day to tape and carried off-site to a secure location each day. The IT staff is on-site from 8 to 5, Monday through Friday, with the exception of holidays. However, our servers are monitored 24/7 for breathes of security and potential problems. ELECTRONIC DATA TRANSFER MVBA collection software is built on the latest Microsoft.Net®development and SQL Database technologies. Our software interfaces with all major court software vendors. It automates and supports all aspects of our collection program. This includes skip tracing, the call center, payment processing, reporting, accounting,invoicing, and data file transfers. MVBA receives data from the court by placement on our secure file transfer protocol (SFTP)site. Court staff can utilize this SFTP site to transfer cases for collection securely and with confidence. MVBA will provide data files that are required by the City via SFTP in the format that is needed by the Court. Project data is accepted in any format via SFTP. MVBA works with each client to design an import program that will enhance the efficient flow of data to both organizations. Data is loaded into our system the day it is received and verified, thereby detecting any error at the very beginning of the process. Once the data is loaded into the MVBA system, various integrity checks are performed to verify the data received. The Court is then provided an "inventory" of the information received to allow for verification by the Court. Once the data is loaded and verified into our system, it is given, electronically and in batch, to one of our national skip-trace partners to validate and update address and telephone information. This information is received in an electronic format and brought back into the MVBA system in batch for nearly instantaneous update of the files. The cases are then prepared to be processed for letters and any case with a phone number is placed in the dialer queue so phone calls can begin once letters are mailed. The language indicator on the case will be noted in order to forward the case to a bilingual Collection Specialist. This process repeats itself upon the receipt of all new cases. A similar process occurs when information concerning previously referred case is received from the Court staff. This information is loaded into the system so collection activity can be altered or stopped altogether. Section C I Collection Staffing & Systems Page 11 of 14 mvba Going Further". . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court CLIENT WEB ACCESS —SECURE ACCOUNT MANAGER With MVBA'S Web Access the City can see exactly what has been accomplished on your the cases"real time"and at your convenience. Security is guaranteed with your secure login. The City may have an unlimited number of secure user logons. Online, you can review collection activity reports, view call center activity, access individual defendant information, and much more. We view this system as an online audit tool for our clients to track and monitor our activities providing transparency of our activities while also providing valuable data for your Court staff. Every activity that has occurred on an account is documented. Some of the features include: • Accessible via a link directly from MVBA's website • Search by Name, Case Number or Phone Number • View pertinent details including case number, our unique reference number, newest address, phone numbers, payments or adjustments, balance, collector notes, number and dates letters mailed • All reports may be downloaded in Excel or PDF formats, some of these reports include; > Invoices > Statements > Statistical reports D. New defendant address information D. Status reports ➢ Paid in full cases ➢ Partial payments ➢ Default on payments • Messaging and tracking system—allows you to send and track messages to MVBA on any particular case or send a general message Section C I Collection Staffing &Systems Page 12 of 14 mvba Going Further": . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court RECORD MAINTENANCE AND RETENTION MVBA has the ability to maintain all collection information, from placement to reporting, within Latitude, the collection software we presently utilize. Our system is designed with excess capacity which enables us to continue to add new placements and the corresponding transactions and history while increasing the efficiency of the entire system. This information is part of a daily, weekly, and monthly backup routine which safeguards the information in case of a system crash or some type of disaster. The daily transactions and collections information is also incrementally backed up several times a day to assure immediate recovery of the current transactions. The placements and the corresponding history of activity, recovery or collection are not the only information that is routinely maintained in our system. Each and every incoming and outgoing phone call that is handled in our call center is recorded. These calls are moved off of the server early each morning and archived on a remote server. These calls are immediately accessible should an occasion arise that a client would like to review a particular conversation with a defendant. These calls are part of the same backup routine as all other data. Our records are retained on our backups and, in the case of the phone calls, eventually burned to a DVD or some other media that can be easily accessed. Placement, collection and recovery data is easily accessible at all times. SECURITY Security is an important focus at MVBA and is part of our core culture, whether physical, network, or data security. MVBA considers security to be an important part of the daily management of client's accounts; therefore, only select administrative personnel have security clearance to make changes to defendant's account or to import a client's file. These individuals establish security levels for each employee which access our computer system on a need to know basis. Our computer system generates an audit trail of changes and notes made to an account from the moment we receive your imported files and no individual can manipulate this audit trail. Physical Security MVBA places a high priority in securing the physical location in Round Rock, Texas. There is only one door which the public may enter and each visitor must register with the receptionist and wear a "Visitor" badge at all times. All other entrances to the office require an electronic key card or pass code; these codes are changed periodically to maintain a secure facility. Video surveillence is also used to record all entries into the Firm's office. Access to network administrators and the computer room require an electronic key card. After hours access to our building is only allowed using an electronic key card and/or a physical keyand knowing the approporate codes to disable the alarm system. The alarm system is independently monitored and alerts any intrusion or fire on the premises. Network/Data Security Leadingfirewall and virus protection technology is deployed to protect our computer network and systems from potential intruders and viruses. Our network administrators use specialized software to constantly monitor the traffic patterns to and from the network to insure the integrity of the system. Section C I Collection Staffing & Systems Page 13 of 14 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen PC Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court All computer system admission is protected by a multiple password scheme. When connecting to the system from outside of MVBA, a password is required to get to normal user log-on. Therefore, an outsider would not know what type of system he/she is trying to access without first knowing the system password. Once access to the system has been granted, the user must then enter a user name/password to actually access system resources. This combination is unique to each user, and identifies to the collection system what capabilities that particular user is allowed to have. The system is designed to allow clients access and monitor only their own cases. All routers and firewalls are upgraded regularly and all data is 128 bit encrypted; however encryption is only one tier in MVBA's approach to a multi-tiered security solution. Security is not just about protecting our network from outside threats; it is also about protecting from threats from within. The weakest link in any Information Technology security chain is the human element. In order to maintain a genuine security culture everyone in the organization from top to bottom must be informed and motivated about information security. The first step in internal security is awareness. All our employees are aware and trained to recognize and protect against potential threats. Education and awareness empowers each employee with the knowledge of his/her role in protecting our organization's network, which facilitates the mitigation of risk. MVBA's Acceptable Use Policy (AUP) is a key element of our training for each employee. Our AUP covers Email Usage, Privacy, Passwords, Laptops, Client Data, and Containment (no collector is permitted to work from home, or remove transportable storage devices such as CD-ROM, USB key, or floppy from the facility, or to transfer data from work to home). No personal files(such as MP3s) are permitted on MVBA's network. Workforce training is not a single event. Security awareness requires commitment to a continuous program of employee communications and training. Properly trained employees are a core component of any enterprise security program. Training includes: 1) MVBA policy and procedure documents regarding computer usage, especially regarding Internet and email limitations are a prime element of employee training and reinforced periodically for all employees. 2) We also teach employees "best practices" when using the Internet or email (for example not opening attachments from unknown senders and keeping passwords private). Other information security issues such as spam, the dangers of accidentally downloading spy ware, and phishing expeditions are covered. Unless employees are 100% certain that a communication is legitimate, they assume it is not. In addition to Internet security training and regular briefings, memos are distributed companywide when new threats arise alerting all staff as to the threat, how to identify it, and what to do if it is encountered. 3) All employee computers and laptops are equipped with the latest security tools, and require two levels of passwords for access. Each employee is educated as to the application and use of each of the tools available, and the computer system constantly scans for viruses. No individual may gain access to our system via an insecure Internet connection. The intregrity of hard copy files cannot be overlooked mmployees are trained to discard this information in secure receptacles and shredded by MVBA's bonded on-site shredding company. Our layered, multi-tiered approach to security provides both MVBA and our clients with maximized security solutions that enhance our client's confidence in MVBA. Section C I Collection Staffing &Systems Page 14 of 14 mvba Going Further". . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court D. MONTHLY ACTIVITY REPORTS AUDIT AND COOPERATIVE EFFORT It is agreed that should MVBA be awarded this contract, we shall maintain and make available for inspection, audit and/or reproduction by authorized representatives of the City or an external auditor representing the City, the books, documents, and other relevant information pertaining to the collections carried out for the City and the expenses of this contract. MVBA will respond immediately to any auditor inquiries. MVBA provides the City with multiple reports to monitor the progress of the collections program and can provide these reports as frequently as the City requires. Your MVBA Project Manager works closely with you to determine what reports are most meaningful to you and the frequency with which they are provided. We are committed to open communication and collaboration to and from our organizations to ensure all the City's reporting needs are met at the frequency the City requires. REPORTING OF COLLECTION RESULTS MVBA provides several reports that document our collection results. These reports are automatically generated and sent to the City at the frequency the City requests, but at the minimum, quarterly. These Reports, called C-Stat Reports include the current fiscal year's activity as well as prior fiscal years activities. They can also be run for any specific timeframe the City requests. They document: • Number Cases Placed • Total Dollars Placed • Number Cases with Partial Payment • Dollars of Partial Payments Reported • Cases Paid in Full • Dollars Paid in Full • Number Cases Cancelled by the Court • Dollars Cancelled by the Court • Total Number Cases Resolved • Total Dollar Amount Resolved • Number Cases still in Collection • Dollars Still in Collection • Number Letters Mailed • Number Postcards Mailed Section D I Monthly Activity Reports Page 1 of 4 mvba Going Further". . . McCreary Veselka Bragg&Allen P.G.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court SAMPLE COLLECTION ACTIVITY REPORTS Sample C-Stat Reports i FY:October September FY 2013&Prior FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 Total „�„ Cases Placed 106,812 4,545 5,479 4,531 4,455 367 126,189 Dollars $30,617,236.29 $1,710,762.88 $2,104,185.23 $1,755,420.76 $1,699,679.91 $140,997.83 $38,028,282.90 Placed Cases With Partial 1,829 342 260 225 483 102 3,241 Payment Partial Payments $202,622.84 $65,476.99 $51,67934 $38,435.54 $78,460.24 $13,460.24 $450,135.19 Reported Cases Paid 19,860 2,367 2,259 1,749 2,723 264 29,222 23.16%in Full Dollar Paid $4 620,18633 $661,578.72 $645,810.49 $492,482.93 $683,729.53 $31,814.36 $7,135,602.36 18.76%In Fug Cases Cancelled 29,886 1,109 1,195 1,478 2.048 170 35,886 28.44% By Court Dollars Cancelled $9,106,871.72 $385,761.47 $442,848.64 $529,473.04 $699,267.83 $54,594.24 $11,218,816.94 29.50% By Court Cases 60,213 3,491 3,458 3,238 4,381 334 75,115 59.53%Resolved Amount $17,665,879.89 $1,194,127.11 $1,259,239.59 $1,162,858.25 Resolved51,548,253.96 $117,785.44 $22,948,144.24 60.34% Cases Still in Collection 51,074 40.47% Dollars Still in Collection $15,080,138.66 39.66% For Fiscal Year 2017 Quarter 1 Quarter 2 Quarter 3 Quarter 4 Cases Placed 1,360 1,010 882 1,203 Dollars Placed $510,468.05 $399,698.32 $332,472.08 $457,041.46 Cases With Partial Payment 71 165 115 272 Partial Payments Reported $11,219.98 $27,360.24 $14,436.65 $38,219.34 Cases Paid in Full 391 990 578 769 Dollars Paid in Full $95,895.85 $293,633.14 $136,285.58 $93,502.90 Cases Cancelled By Court 595 484 329 636 Dollars Cancelled By Court $201,694.53 $181,455.37 $121,752.44 $193,253.62 Cases Resolved 989 1,475 844 1,074 Amount Resolved $344,043.00 $535,755.53 $310,141.62 $359,716.27 For Fiscal Year 2017 Quarter 1 Quarter 2 Quarter 3 Quarter 4 Number of 1,156 3,394 1,212 2,015 Postcards Number of 13,929 12,267 30,711 20,776 Letters Section D I Monthly Activity Reports Page 2 of 4 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court C-Stat Active Status Report Status Number of Accounts ACT- ACTIVE ACCOUNT 22,126 ATY - ATTORNEY REPRESENTED ON ACCT 2 CPO - COURT PAYMENTS ONLY 727 FIX - ACCTS IN PROCESS OF FIX 11 NEW - NEW STATUS 111 NSR - NO SKIP TRACE RESULTS 435 PPA - PARTIAL PAYMENT ARRANGEMENT 9 SKP - SKIP ACCOUNT 2 Total 23,423 C-Stat Activity Report Phones Number of Accounts Amount Due Accounts with at least one Good Phone 17,477 6,003,122.52 Accounts with no phone or only Bad Phones 5,946 1,994,937.71 Total 23,423 7,998,060.23 Addresses Number of Accounts Amount Due Good Address 14,924 5,007,023.44 Bad/Incomplete Address 42 11,770.85 Bad/Returned Address 5,210 1,875,945.19 Outside of Texas Address 3,247 1,103,320.75 Total 23,423 7,998,060.23 Age of Offense Number of Accounts Amount Due Less Than a Year 447 181,983.50 One To Three Years 2,892 1,104,940.82 Three To Five Years 1,953 774,674.29 More Than Five Years 18,123 5,933,436.10 No Offense Date Provided 8 3,025.52 Total 23,423 7,998,060.23 Age at time of Placement Number of Accounts i Amount Due Less Than a Year 6,976 2,734,519.42 One To Three Years 2,783 1,033,118.78 Three To Five Years 3,056 1,171,368.80 More Than Five Years 10,600 3,056,027.71 No Offense Date Provided 8 3,025.52 Total 23,423 7,998,060.23 Section D Monthly Activity Reports Page 3 of 4 mvba Going Further". . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court MANAGEMENT REPORTS Standardized reports are available to the City and are automatically generated and delivered to the City by our Data Processing, Accounting and Client Services Departments. In addition, MVBA provides you Client Web Access to view your cases and allows staff(designated by the City) to view all collection activity for a defendant—real time as well as accessing numerous reports at your convenience. Our goal is to maintain as much transparency as possible enabling our clients to audit our efforts at their convenience. The City may access several reports at your fingertips and at your convenience via our Client Web Access. Some of these reports include: Acknowledgment Report/New Business Report - The acknowledgement report is generated each time MVBA receives a new submittal file of delinquent cases. It lists each case submitted along with the total amount submitted. This report offers the client an opportunity to verify the data submitted. Invoice - MVBA's invoice provides a detailed list of cases paid to the court and to MVBA. Each payment is itemized and includes the defendant's name, client number, date paid, date the payment was posted, money paid to each party and the corresponding fee and current balance. This is delivered at the agreed upon invoicing period, weekly or monthly at the minimum. Statement - This report is submitted monthly and is a listing of all invoices submitted reflecting the total collections for the month and total fees due that MVBA shows open and ready to be paid by the client. Please review sample copies of these reports in Exhibit 2 of this proposal. C-Stat Report - As seen in the example on page two of this section, this report provides total number letters mailed, cases referred, dollars referred, cases with collection, dollar amount collected, number cases cancelled or recalled by the Client, dollar amount cancelled and total cases resolved and total amount resolved. It can be run for any date range. This report is generated at the frequency required by the City and at a minimum quarterly. FLEXIBILITY IN REPORTING NEEDS MVBA attorneys and client service coordinators meet with City officials and staff members regularly to review the work performed and results obtained, apprise you of our activities, answer questions, and allow for input and direction to the Firm. MVBA can generate virtually any type of report that the City requires. Reports are customized based on a client's particular data element specifications. Through our proprietary software, Latitude, MVBA is able to data-mine and produce tailored reports to meet the City's needs at the frequency required. Section D Monthly Activity Reports Page 4 of 4 mvba Going Further': . . McCreary Vese(ka Bragg&Ailen PC Attorneys at_aw City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court E. COST/FEE CHARGED CITY PROPOSED FEE STRUCTURE For the collection of delinquent Fines and Fees, MVBA proposes the following as compensation for professional services rendered: 1. For those Fines and Fees imposed against Unadjudicated Offenses that occurred before June 18, 2003, a fee of zero percent (0%) of the amount collected by the Court on those cases in which the data files are transmitted to MVBA by electronic media. 2. For those Fines and Fees imposed against Unadjudicated offenses that occurred on or after June 18, 2003, and for adjudicated offenses regardless of the date of occurrence, a fee of thirty percent(30%) of the amount of the Fines and Fees collected by the City, as provided by Article 103.0031 of the Texas Code of Criminal Procedure. MVBA understands all court costs due the State will be paid first. 3. In the event any case is disposed of by acquittal or dismissal, or if the fine, costs and/or fees are discharged through performance of community service, credit for jail time served, the discretionary removal of a collection fee by the Court or pursuant to §45.0491 of the Code of Criminal Procedure, no compensation shall be paid to MVBA by the City. FEE CALCULATION Per statute, thirty percent (30%) of the to e the court may be added to the defendant's case by the court. The client's court software adds 's fee upon the export of a new collection file. Fee sequence within your software should be set to allocate the collection fee after State fees and Court costs. This ensures that MVBA's fee is applied last after all other mandatory fees have been allocated. This is particularly important in cases where defendants have a payment agreement and are making incremental payments to the court or MVBA. Example: Total outstanding amount before sent to collection vendor: 262.00 x 30% = 78.60 +262.00 =340.60 (Total amount due) To calculate the fee due the collection vendor, the following formula is used to back out the fee: Total amount due and collected: 340.60 x 23.07692% = 78.60 (Total fee due) Section E I Cost/Fee Charged the City Page 1 of 5 mvba Going Further-- McCreary McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court FEE CALCULATION PER TRANSACTION The calculation of fees per transaction is contingent on each client's software and how the software allocates and applies the fee per transaction. MVBA is well versed in each type of court management software and allows ourselves flexibility depending on each client's software and how it allocates fees. These reports allow us to make any adjustments and to match the court's allocation of fees to the penny. MVBA utilizes an Incode general ledger report called the CL Distribution Report monthly. It contains the amount collected and fee by transaction disbursement which allows us to match fees posted to the penny, thereby alleviating any potential invoice discrepancies. INVOICE CALCULATION MVBA's collection software, Latitude, automates the calculation of fees due. The same formula used to calculate fee is programmed within our software and is used in the calculation of fees due on each case collected. However, as noted in the above section regarding fee calculation per transaction, MVBA does not generate invoices based solely on what our system calculates but rather on what the court's system has allocated. By utilizing the CL Distribution report generated by the court for the prior month; MVBA is able to produce an invoice of all payments posted to the court's system. This includes any payments received by MVBA and remitted to the court weekly. This methodology ensures that amounts invoiced correctly match the court's disbursement of fees due MVBA. INVOICE FREQUENCY MVBA is able to invoice the City at the frequency the City requires. MVBA forwards all monies collected weekly either by ACH deposit or by check depending on the City's preference. These weekly funds are remitted to the court along with a deposit report. Invoice approval is utilized when clients accept funds via ACH. This ensures that that amounts collected are correct and provides for easiest reconciliation at the court. Sending funds weekly enables our clients to receive monies expeditiously and the court is able to receipt those funds quickly. Monthly invoices are generated for payments made directly to the court and/or MVBA. We ask that the City remit fees due MVBA monthly based on the invoice sent for that month. A statement is generated along with the monthly invoice and identifies any outstanding invoices. Please see Exhibit 1 Sample Reports for a sample statement Section E I Cost/Fee Charged the City Page 2 of 5 mvba Going Further": . . McCreary Veselka Bragg&Allen P.C.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court MONTHLY REMITTANCE- LATE CHARGES/INTEREST MVBA asks that our clients submit fees due within 45 days after the close or end of the month after the invoice is generated for the month. Our accounting department sends reminders via email of any outstanding invoices monthly and a statement is sent each month identifying any outstanding invoices. MVBA does not charge our clients late fees or interest penalties due to untimely remittance. SAMPLE INVOICE Invoices are generated for payments paid to the court and MVBA directly and contain: • Defendant Name • Account number (court's ticket or docket number) • Status (partial payment or paid in full) • Date of assignment(date submitted to MVBA) • Date Posted • Date Paid • Amount Paid • Paid MVBA or Paid Court • MVBA Fee • Fee Rate • Balance broke i umber: 15013 McCreary Veselka Bragg and Allen PageP.O.Box 1310 0000193. City of Rand Rock TX 78680 lurotce Date: 9 2 2003 Account Date of Date Date Paid to Paid To Our Fee Name Number Assapament Posted Paid MVIA Client Fee Rate Balance OALBREL0LALBERTL 4268801 10262007 912008 922008 305.50 0.00 70.50 30°. 0.00 Suns:Paid krill MURPHY.OMARS 3964401 12242005 126i2006 11212006 0.00 130.00 30.00 30°. 0.00 Saes:Pad btFdl MURPH1.OML1R S 3964401 121.2005 13262008 8 26-2008 175.50 0.00 40.50 30'. 0.00 State:Pad In Full ODINOT.CHERT,L 408241'01 6 24 2006 S 262005 8262008 419.90 0.00 96.90 30°. 0.00 Save:Paid 1n Full ODINOT.CHERYL L 4082401 528,2006 8.26i2008 8 26.2008 273.00 0.00 63.00 30'. 0.00 Sots:Pad In Full bloke Ttwb 1.17390 130.00 300.90 0.00 MIYBA Fen Duet S30090 Total Collections: S1,303.90 Oar Check Attached far: S1.173.90 Section E I Cost/Fee Charged the City Page 3 of 5 mvba Going Further". . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court VALUE ADDED SERVICE ENHANCEMENTS Recently some law firms that routinely bid on collection services covered by this RFP include in their proposal an annual cash payment in an amount of$25,000.00 to the prospective client. In evaluating an offer of a cash payment, Rule 7.03(c) of the Texas Rules of Professional Conduct as set forth by the State Bar of Texas states as follows: A lawyer, in order to solicit professional employment, shall not pay, give, advance, or offer to pay, give, or advance anything of value, other than actual litigation expenses or other financial assistance as permitted by Rule 1.08(d), to a prospective client or any other person. Accordingly, an offer of a cash payment by a proposal submitted by a law firm is in direct violation of Rule 7.03(c) of the Texas Rules of Professional Conduct of the State Bar of Texas. Instead MVBA offers innovative service enhancements at no additional cost to the City. Through consistent communication and feedback from our clients, MVBA is continually pursuing opportunities to provide innovative service enhancements that increase efficiencies, expand resources and reduce costs for our clients. MVBA will beta test a new enhancement with a few clients, once we have determined the process or product is working seamlessly and is advantageous to clients, we roll out the new service announcement to all of our clients. Some of the enhanced services we currently offer at no additional charge to our clients include: Show Cause Courtesy Notices and/or Judge Hearing Notices File transfer is via SFTP. Flexible formatting options are available. MVBA handles all costs associated with the production and mailing of notices and adheres with the court's mailing calendar. All we need are the form fields in your letter and your letterhead with logo and the data in your letter form fields. Usually the fields are *Name,Address,City, State,Zip,Court/hearing date*but we will customize based on your court's specific fields. This service saves the court valuable production, material and postage costs. Pre-Warrant Calls/Public Service Announcements MVBA began providing this service to a large volume court in order to help achieve OCA compliance and decrease internal costs. This service has allowed them to increase efficiencies by freeing up a full time- employee. By utilizing MVBA's technology we are able to help increase court efficiencies and expand resources. The court provides a list of defendants requiring a courtesy call before issuing a warrant. MVBA calls the defendant on behalf of the court, and the defendant is instructed to contact the court. MVBA can also provide this technology for other city departments to help get the word out regarding water restrictions or other community related messages. Warrant-Round-up Services We help with localized round-ups and/or amnesty programs by mailing on your behalf or any other type of program the court may offer. MVBA absorbs all production and mailing costs. We also help by getting the word out through your local publications and/or other media sources and can also help with door hangers or whatever your law enforcement officers may need. Section E Cost/Fee Charged the City Page 4 of 5 mvba Going Further": . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court Warrant Round-Up Pre-Collection Mailings MVBA will handle the mailing of postcards on pre-collection cases on behalf of the Court. MVBA absorbs the cost of all printing and materials. The Court need only to provide a list of names and last address of record. Specialized Skip-Tracing Services MVBA recognizes that in certain circumstances, our clients may need assistance in locating defendants or debtors whom have not yet been placed for collection. In addition, clients have access to MVBA's Client Web Access, which is your window into our system to view current, real-time information on your defendants. Reports with updated address information are easily downloaded for the Court or Warrant Officers and/or Marshal's office. Specialized Mailings MVBA is able to accommodate our clients with specialized or targeted mailings unique to each client. MVBA works with many clients in assisting with mailings to conduct localized round-ups, amnesty programs or seasonal and/or specialized target campaigns. Scofflaw Processing Vehicle Registration Hold - MVBA manages all processes for Scofflaw reporting including identifying, flagging and removing flags on the defendant's vehicle registration. MVBA absorbs all costs associated with the TxDot contract and handles all of the reports on the court's behalf based on the vehicle information we receive from the court's file. GIS Mapping Tool MVBA is able to provide an interactive mapping tool to assist Marshals or Warrant Officers or local City law enforcement, in locating defendants when attempting to serve warrants. The mapping tool increases efficiencies in the efforts of officers serving warrants. Some of the features include: • Most current information on defendants • Ability to group and prioritize by balance and/or geographic location • Case information on each defendant • Directional instruction to each location • Target mapping can be provided by MVBA staff Section E I Cost/Fee Charged the City Page 5 of 5 City of Port Arthur Request for Proposals COLLECTION OF FINES FOR MUNICIPAL COURT OBJECTIVE The City of Port Arthur, Texas, is soliciting proposals for Municipal Court collection services. It is the CITY's desire to contract with one company to collect fees for Class C Misdemeanor violations, those that are past due and/or in warrant status. The Offeror submitting the successful proposal must clearly demonstrate its ability to provide immediate and consistent efforts in collections and provide a timely return of the dollars collected. BACKGROUND 1. The Municipal Court is responsible for the adjudication of Class C Misdemeanor violations (within the incorporated CITY limits)provided by State Law and CITY Ordinances 2. The City of Port Arthur Municipal Court processes approximately 24,000 (twenty-four thousand) cases annually. 3. Approximately 10,000 (Ten thousand)will have arrest warrants. 4. The average warrant fine is$350.00 (three hundred fifty dollars). SCOPE OF WORK 1. The Court will provide files electronically to the successful Contractor(hereinafter referred to in this section as "Contractor") of those persons having outstanding City of Port Arthur Municipal Court cases. This information can include, but is not limited to the following: a) Person's name,personal identifiers and driver license number, last known residential address, last known telephone number,citation number,alleged offense committed,offense date,amount of fine,amount paid (if any), amount due, and if applicable, date of warrant and amount of warrant fine. b) CITY will provide current file layouts. Electronic transfer of data must include the Contractor having a PC that enables the City of Port Arthur to email an attachment or upload on the Internet via secure FTP. The Contractor must be able to receive and return files back and forth between CITY and Contractor. c) It will be the Contractor's responsibility to assure compatibility of CITY's data files and transmittal medium to the Contractor's computer system. The Contractor shall bear all costs, if necessary, for data conversion to make the CITY's computer system compatible with that of the Contractor's and any incidental costs related to the data transfer. 2. Historically,the CITY sends various outstanding misdemeanors and warrants to the Contractor for collection services on a regular basis (i.e. daily, weekly, and/or monthly). These cases and warrants consist of the following types: a) Active Alias Warrants -These are warrants in which no judgment has been entered assessing any sums due from the defendant in the case, but the defendant is subject to immediate arrest to answer for the pending criminal charge. b) Active Capias Pro Fine Warrants -These are warrants in which a judgment has been entered assessing a sum owed by the defendant in order to discharge the defendant from liability and the defendant is subject Page 4 of 17 to immediate arrest. c) Outstanding Cases -These cases are outstanding Class C Misdemeanors for traffic, non-traffic, and parking violations that occurred in the incorporated CITY limits, including CITY Ordinance violations. These are cases that may or may not have appeared before the Court and may or may not have judgment entered against them. Therefore,the defendant is not subject to immediate arrest. 3. The CITY will supply the Contractor with two separate listings. They shall be known as the History File and the Collect and Warrant File. a) The History File shall be provided one time only. This file will contain the entire backlog of active warrants previously worked by the CITY's existing collection agency. b) The Collect and Warrant File shall be issued on a regular or as needed basis and shall contain those cases that are Outstanding Cases as well as Active Warrants that were processed by the Port Arthur Municipal Court. This file will contain unresolved cases not issued for warrant and the most recent past dues processed for warrant. 4. Contractor agrees to perform the following: a) Contractor will become familiar with the legal distinctions of each type of case and warrant submitted for collection effort and will develop a series of contacts with the defendant that do not violate the defendant's statutory and constitutional rights. b) Contractor will attempt to contact the defendant named in any case or warrant submitted for collection service at least eight (8) times in a 180-day period through a rotating telephone and letter cycle. Voice/telephone contact attempts shall be limited to between the hours of 8:00 A.M. and 9:00 P.M., Monday through Saturday.No Sunday contacts will be attempted. c) Contractor will submit written scripts for telephone contacts and written communications for approval by the CITY for each type of case and warrant submitted to Contractor for collection services.The Contractor shall pay all costs related to the telephone contact and written communications. d) Contractor will instruct all defendants to forward monies directly to the Port Arthur Municipal Court. Should the Contractor receive a payment from a defendant,the Contractor shall forward payment directly to the CITY in the form of the original negotiable instrument received. e) Contractor shall use due diligence, reasonable and ethical methods, and employ lawful means to effect collection on the CITY's outstanding cases including adherence to all federal and state laws governing collections. f) Contractor will guarantee that every defendant will be dealt with in a professional and courteous manner. g) The CITY may recall for collection efforts and the Contractor will not be entitled to any fee for any money collected after any case has been recalled. h) Contractor will return information on cases submitted for collection services including all information developed by the Contractor regarding the defendant or his whereabouts, as requested by the CITY. i) Contractor will guarantee that a full-time customer service representative will be assigned to the City of Port Arthur and available to address day-to-day issues. 5. Additional written and/or telephone contacts may be made at the choice of the Contractor within the hours stipulated in(4)(b) above. Page 5 of 17 6. Contractor shall work with CITY to conduct Warrant Round-Up or Amnesty Programs as requested,requiring Contractor to send out additional notices and providing the CITY with an updated address list of defendants within the Port Arthur area. 7. All information supplied by the CITY to the Contractor shall be kept confidential and not disclosed to parties other than the Contractor's employees on a need-to- know basis for the purpose of contract performance and to the defendant. Contractor shall not disclose social security number, driver's license number or any other information deemed confidential by the CITY to anyone other than the defendant.CITY will notify Contractor of information deemed confidential, as appropriate. 8. Both the CITY and the Contractor will jointly review the appropriate cases for which payment is due to the Contractor on a monthly basis. a) The Contractor will be paid a collection fee in accordance with Article 103.0031 of the Texas Code of Criminal Procedure, as amended. b) Contractor will not be entitled to reimbursement for expenses incurred under the Contract. c) The CITY shall not be liable under the contract for any services which are unsatisfactory or which the CITY has not approved. CONTRACT TERM The contract will be two years with the option to new for two additional two year periods. Page 6 of 17 The City of Port Arthur requires comprehensive responses to every section within this RFP. Conciseness and clarity of content are emphasized and encouraged. Vague and general proposals will be considered non-responsive and will result in disqualification. To facilitate the review of the responses, Firms shall follow the described proposal format. The intent of the proposal format requirements is to expedite review and evaluation. It is not the intent to constrain Vendors with regard to content, but to assure that the specific requirements set forth in this RFP are addressed in a uniform manner amenable to review and evaluation. Failure to arrange the proposal as requested may result in the disqualification of the proposal. It is requested that proposals be limited to no more than 50 pages, excluding resumes. All pages of the proposal must be numbered and the proposal must contain an organized, paginated table of contents corresponding to the sections and pages of the proposal. A.) QUALIFICATIONS 1. Experience in the area of municipal court collections as it applies to the collection of outstanding Class C Misdemeanor cases and warrants. Specifically list municipal court clients that the Offeror has represented in the past five (5)years and include what type of collections was carried out for them. 2. Experience in Texas municipal courts (minimum of 10 with at least 3 of those courts having similar volume to Port Arthur).List references from current and previous clients in Texas courts.Only Municipal Courts from home rule cities. NOTE: All references requested in this proposal shall include the name of client, name of contact person,physical address,telephone and fax numbers, and the email address of the contact person. 3. Experience in receiving/transmitting data electronically. 4. Experience and stability of key staff. State the location of the office, as well as, the number of professional staff employed at that office that will have primary responsibility for the service. 5. Experience and performance results in conducting an Amnesty and/or Warrant Round-Up Program(s). B.) COLLECTION PROCEDURES 1. Provide a summary of collection activities and techniques proposed to collect the City of Port Arthur's outstanding cases and warrants. 2. Provide detailed explanation of collection methodology including timetable of your work plan and expected rate of recovery. 3. Describe the methodology for handling customer questions/problems. 4. Describe the methodology for handling non-English speaking customers. 5. Provide examples of correspondence that will be used for collecting delinquent fines. 6. Describe the adequacy of your telephone resources. Provide examples of telephone scripts that will be used for collecting delinquent fines. 7. Describe the methodology for conducting Amnesty and/or Warrant Round-Up Programs. Page 7 of 17 C.) COLLECTION STAFFING & SYSTEMS 1. Identify and describe the qualification and length of service of the lead staff that will be assigned to coordinate and resolve all business matters between the City of Port Arthur, Texas and the Offeror. 2. Identify and describe the qualification and length of service of the lead staff that will be assigned to oversee and manage the collection activities for the City of Port Arthur,Texas. 3. Describe the qualification and number of collection staff that will be assigned to the collection activities for the Port Arthur, Texas. 4. Describe the personnel in the local office that will be available to assist with contract matters. 5. Describe experience working and interfacing with clients using LT Systems software for municipal court operations. 6. Provide a brief description of the computer system used and its update capabilities. Describe the adequacy of your data processing resources. 7. Describe the methodology and procedure for data transfers. Identify the form and frequency of electronic data transfers both to and from your company. 8. Describe the type of access that will be made available to the CITY for on-line inquiry. 9. Describe the ability to maintain records of placements,collections,recovery and producing reports,and billing of for an unlimited number of clients and debtors, and describe back-up capabilities. 10. Describe the record retention capabilities. D.) MONTHLY ACTIVITY REPORTS 1. It is agreed that the successful Offeror shall maintain and make available for inspection, audit and/or reproduction by authorized representatives of the CITY or any external auditor representing the CITY, the books, documents, and other relevant information pertaining to the collections carried out for the CITY and the expenses of this contract. 2. The Offeror should acknowledge the need for a cooperative effort and open communication between the successful Offeror and the CITY. The successful Offeror will be required to provide monthly collection activity reports to the City of Port Arthur, Texas 3. Please provide the following: a) Examples of reports used to document collection results. b) Examples of monthly reports that will be provided to the CITY. c) Frequency of reporting and the content of data transmitted to the CITY. d) Flexibility in meeting the CITY's reporting needs. E.) COST/FEE CHARGED TO THE CITY 1. The Offeror's proposal must clearly explain the cost/fee structure and how the City of Port Arthur,Texas will be invoiced for collection services. The proposal must include at a minimum the following: a) Cost/fee/rate for collection services that will be provided to the CITY. b) Explain clearly how the cost/fee/rate will be applied per transaction. c) Explain clearly how the invoice will be calculated. Page 8 of 17 d) Frequency of billing (invoice) submitted to the CITY. e) Number of days allowed for payment f) Explain if any late charges or interest would be applicable and how it will be calculated. g) Provide an example of the invoice/bill that will be used to bill the CITY. EVALUATION AND SELECTION PROCESS All proposals will be screened by an evaluation committee and those proposers selected for a short list may be invited to attend an interview,at the proposers own expense. Any invitation for an oral presentation will be solely for the purpose of clarifying proposals received from each qualifying proposer,and will not represent any decision on the part of the evaluation committee as to the selection of a successful proposer. The City will evaluate all responses based on the experience, qualifications, project approach, price, and quality of response. The City reserves the right to negotiate the final fee prior to recommending any Vendor for a contract. The City's process is as follows: A. The evaluation committee shall screen and rate all of the responses that are submitted. Evaluation ratings will be on a 100 point scale and shall be based on the following criteria: a. Offeror Qualifications (25 Points) b. Collection Procedures (20 Points) c. Collection Staffing& Systems(25 Points) d. Monthly Activity Reports (15 Points) e. Cost/Fee Charged to the CITY (15 Points) B. City staff shall recommend the most qualified Vendor to the City Council and request authority to enter into contract negotiations. C. When services and fees are agreed upon, the selected Vendor shall be offered a contract subject to City Council approval. D. Should negotiations be unsuccessful, the City shall enter into negotiations with the next, highest ranked Vendor. The process shall continue until an agreement is reached with a qualified Vendor. E. This RFP does not commit the City to pay for any direct and/or indirect costs incurred in the preparation and presentation of a response. All finalist(s) shall pay their own costs incurred in preparing for,traveling to and attending interviews. The City reserves the right to use all pertinent information (also learned from sources other than disclosed in the RFP process) that might affect the City's judgment as to the appropriateness of an award to the best evaluated proposer. This information may be appended to the proposal evaluation process results. Page 9 of 17 LETTER OF INTEREST RFP—Collection of Fines for Municipal Court Deadline: September 8,2021 The undersigned firm submits the following information (this RFP submittal) in response to the Request for Proposals (as amended by any Addenda), issued by the City of Port Arthur,TX(City)for the Collection of Fines for Municipal Court. Enclosed, and by this reference incorporated herein and made a part of this RFP, are the following: ❖ Completed RFP Letter of Interest Form ❖ Completed Affidavit ❖ Completed Conflict of Interest Form Firm understands that the City is not bound to select any firm for the final pre-qualified list and may reject any responses submitted. Firm also understands that all costs and expenses incurred by it in preparing this RFP and participating in this process will be borne solely by the firm, and that the required materials to be submitted will become the property of the City and will not be returned. Firm agrees that the City will not be responsible for any errors,omissions, inaccuracies,or incomplete statements in this RFP. Firm accepts all terms of the RFP submittal process by signing this letter of interest and making the RFP submittal. This RFP shall be governed by and construed in all respects according to the laws of the State of Texas. McCreary, Veselka, Bragg & Allen P.C. (MVBA Law) September 3, 2021 Fir � ame Date 4.6" ai474,) Director of Operations Au orized Signature Title Steven W. Whigham 512-323-3200 ext 275 Name(please print) Telephone swhigham©mvbalaw.com Email Page 10 of 17 AFFIDAVIT All pages in Offeror's Responses containing statements, letters, etc., shall be signed by a duly authorized officer of the company whose signature is binding. The undersigned offers and agrees to one of the following: X I hereby certify that I do not have outstanding debts with the City of Port Arthur. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to pay said debts prior to execution of this agreement. I further agree to pay succeeding debts as they become due. I hereby certify that I do have outstanding debts with the City of Port Arthur and agree to enter into an agreement for the payment of said debts. I further agree to pay succeeding debts as they become due. McCreary, Veselka. Bragg & Allen P.C. (MVBA Law) 9A/20/2 / Firm - ie Date iteet,i Y.? Director of Operations :Authorized Signature Title Steven W. Whigham 512-323-3200 ext 275 Name (please print) Telephone swhigham@mvbalaw.com Email STATE: Texas COUNTY: Williamson SUBSCRIBED AND SWORN to before me by the above named . rwzn �. hJ - on this the j 'r day of , 20 2,1 . �OypY F7,4, JoANNE S. DUTTONI S '; Notary Public.State of Texas otary Public i•) Notary ID# 12844617-2 Commission Expires .°.,,,,,, NOVEMBER 28, 2022 RETURN THIS AFFIDAVIT AS PART OF THE BID PROPOSAL Page 11 of 17 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For Vendor or other person doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 1491,80`h Leg.,Regular Session. This questionnaire is being filed in accordance with Chapter 176,Local Government Code by a person who has a business relationship as defined by Section 176.001 (1-a)with a local governmental entity and the person meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7"business day after the date the person becomes aware of facts that require the statement to be filed.See Section 176.006,Local Government Code. A person commits an offense if the person knowingly violates Section 176.006,Local Government Code.An offense under this section is a Class C misdemeanor. 1.Name of person who has a business relationship with local governmental entity. 2. Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than 7`h business day after the date the originally filed questionnaire becomes incomplete or inaccurate.) 3.Name of a local government officer with whom filer has employment or business relationship. Name of Officer Not Applicable This section(item 3 including subparts A,B,C,&D)must be completed for each officer with whom the filer has an employment or other business relationship as defined by Section 176.001 (1-a),Local Government Code.Attach additional pages to this Form CIQ as necessary. A. Is the local government officer named in this section receiving or likely to receive taxable income,other than investment income,from the filer of the questionnaire? Yes No B. Is the filer of the questionnaire receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer named in this section AND the taxable income is not received from the local governmental entity? Yes No C. Is the filer of this questionnaire employed by a corporation or other business entity with respect to which the local government Officer serves as an officer or director,or holds an ownership of 10 percent or more? Yes No D. Describe each employment or business relationship with the local government officer named in this section. 4. 9/3/21 ign re of perso doing usiness i the governmental entity Date Page 12 of 17 GENERAL INFORMATION: Proposers are cautioned to read the information contained in this RFP carefully and to submit a complete response to all requirements and questions as directed. TERMINOLOGY: "Bid" vs. "Proposal"--For the purpose of this RFP, the terms "Bid" and `Proposal" shall be equivalent. AWARD: The City of Port Arthur will review all proposals for responsiveness and compliance with these specifications. The City reserves the right to award on the basis of the Lowest and Best Offer in accordance with the laws of Texas,to waive any formality or irregularity, and/or to reject any or all proposals. ALTERING BIDS: Bids cannot be altered or amended after submission deadline.Any interlineations,alteration, or erasure made before opening time must be initialed by the signer of the bid, guaranteeing authenticity. WITHDRAWAL OF PROPOSAL: The proposer may withdraw its proposal by submitting written request, over the signature of an authorized individual, to the Purchasing Division any time prior to the submission deadline. The proposer may thereafter submit a new proposal prior to the deadline. Modification or withdrawal of the proposal in any manner, oral or written,will not be considered if submitted after the deadline. CONFLICT OF INTEREST:No public official shall have interest in this contract, in accordance with Vernon's Texas Code Annotated, Local Government Code Title 5, Subtitle C, Chapter 171. ETHICS: The bidder shall not offer or accept gifts or anything of value nor enter into any business arrangement with any employee, official or agent of the City of Port Arthur. MINIMUM STANDARDS FOR RESPONSIBLE PROSPECTIVE BIDDERS: A prospective bidder must affirmatively demonstrate bidder's responsibility. A prospective bidder must meet the following requirements: 1. Be able to comply with the required or proposed delivery schedule. 2. Have a satisfactory record of performance. 3. Have a satisfactory record of integrity and ethics. 4. Be otherwise qualified and eligible to receive an award. 5. Be engaged in a full time business and can assume liabilities for any performance or warranty service required. 6. The City Council shall not award a contract to a company that is in arrears in its obligations to the City. 7. No payments shall be made to any person of public monies under any contract by the City with such person until such person has paid all obligations and debts owed to the City, or has made satisfactory arrangements to pay the same. ADDENDA: Any interpretations, corrections or changes to the RFP will be made by addenda no later than 48 hours prior to the date and time fixed for submission of proposals. Sole issuing authority of addenda shall be vested in the City of Port Arthur Purchasing Manager. The City assumes no responsibility for the proposer's failure to obtain and/or properly submit any addendum. Failure to acknowledge and submit any addendum may be cause for the proposal to be rejected. It is the vendor's responsibility to check for any addendums that might have been issued before bid closing date and time. All addenda will be numbered consecutively, beginning with 1. PORT ARTHUR PRINCIPAL PLACE OF BUSINESS: Any bona fide business that claims the City of Port Arthur as its principal place of business must have an official business address (office location and office Page 13 of 17 personnel) in Port Arthur, the principal storage place or facility for the equipment shall be in Port Arthur and/or the place of domicile for the principal business owner(s) shall be in Port Arthur or such other definition or interpretation as is provided by state law. Contractors outside the City of Port Arthur are allowed to bid. PRICES: The bidder should show in the proposal both the unit price and total amount, where required, of each item listed. In the event of error or discrepancy in the mathematics,the unit price shall prevail. PURCHASE ORDER: A purchase order(s)shall be generated by the City of Port Arthur to the successful bidder. The purchase order number must appear on all itemized invoices. INVOICES: All invoices shall be mailed directly to the City of Port Arthur, Attn.: Municipal Court,P.O. Box 1089, Port Arthur, Texas 77641. PAYMENT: Payment will be made upon receipt of the original invoice and the acceptance of the goods or services by the City of Port Arthur, in accordance with the State of Texas Prompt Payment Act, Article 601 f V.T.C.S. The City's standard payment terms are net 30, i.e. payment is due 30 days from the date of the invoice. SALES TAX: The City of Port Arthur is exempt by law from payment of Texas Sales Tax and Federal Excise Tax;therefore the proposal shall not include Sales Tax. VENUE: This agreement will be governed and construed according to the laws of the State of Texas. This agreement is performable in Port Arthur,Texas,Jefferson County. The City of Port Arthur may request and rely on advice,decisions,and opinions of the Attorney General of Texas and the City Attorney concerning any portion of these requirements. COMPLIANCE WITH LAWS: The Contractor shall comply with all applicable laws,ordinances,rules,orders, regulations and codes of the federal, state and local governments relating to performance of work herein. INTEREST OF MEMBERS OF CITY: No member of the governing body of the City, and no other officer, employee or agent of the City who exercises any functions or responsibilities in connection with the planning and carrying out of the program,shall have any personal financial interest,direct or indirect, in this Contract; and,the Contractor shall take appropriate steps to assure compliance. DELINQUENT PAYMENTS DUE CITY: The City of Port Arthur Code of Ordinances prohibits the City from granting any license, privilege or paying money to any-one owing delinquent taxes, paving assessments or any money to the City until such debts are paid or until satisfactory arrangements for payment has been made. Bidders must complete and sign the AFFIDAVIT included as part of this RFP. QUANTITIES: Quantities shown are estimated,based on projected use. It is specifically understood and agreed that these quantities are approximate and any additional quantities will be paid for at the quoted price. It is further understood that the contractor shall not have any claim against the City of Port Arthur for quantities less than the estimated amount. SHIPPING INFORMATION: All bids are to be F.O.B., City of Port Arthur, Port Arthur,TX 77640 INCORPORATION OF PROVISIONS REQUIRED BY LAW: Each provision and clause required by law to be inserted into the Contract shall be deemed to be enacted herein and the Contract shall be read and enforced as though each were included herein. If, through mistake or otherwise, any such provision is not inserted or is not correctly inserted the Contract shall be amended to make such insertion on application by either party. Page 14 of 17 CONTRACTOR'S OBLIGATIONS: The Contractor shall and will, in good workmanlike manner, perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified,necessary or proper to perform and complete all the work required by this Contract, in accordance with the provisions of this Contract and said specifications. The apparent silence of these specifications as to any detail or to the apparent omission from it of a detailed description concerning any point shall be regarded as meaning that only the best commercial practices are to prevail. While the purpose of the specifications is to indicate minimum requirements in the way of capability, performance, construction, and other details, its use is not intended to deprive the City of Port Arthur the option of selecting goods which may be considered more suitable for the purpose involved. Under the Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance. TERMINATION FOR CAUSE: If,through any cause,the Contractor shall fail to fulfill in a timely and proper manner his obligations under this contract, or if the Contractor shall violate any of the covenants, agreements or stipulations of this contract, the City shall thereupon have the right to terminate this contract by giving written notice to the Contractor of such termination and specifying the effective date thereof, at least fifteen (15) days before the effective date of such termination. Notwithstanding the above, the Contractor shall not be relieved of liability to the City for damages sustained by the City by virtue of any breach of the contract by the Contractor, and the City may withhold any payments to the Contractor for the purpose of set-off until such time as the exact amount of damages due the City from the Contractor is determined. TERMINATION FOR CONVENIENCE:The City may terminate this contract at any time giving at least thirty (30) days notice in writing to the Contractor. If the Contract is terminated by the City as provided herein, the Contractor will be paid for the service that it has performed up to the termination date. If this contract is terminated due to fault of the Contractor,the previous paragraph hereof relative to termination shall apply. RELEASES AND RECEIPTS: The City of Port Arthur before making payments may require the Contractor to furnish releases or receipts for any or all persons performing work and supplying material or service to the Contractor,or any sub-contractors for work under this contract, if this is deemed necessary to protect its interests. CARE OF WORK: The Contractor shall be responsible for all damages to person or property that occurs as a result of his fault or negligence in connection with the work performed until completion and final acceptance by the City. SUB-CONTRACTS: The Contractor shall not execute an agreement with any sub-contractor or permit any sub- contractor to perform any work included in this Contract until he has received from the City of Port Arthur written approval of such agreement. INSURANCE: All insurance must be written by an insurer licensed to conduct business in the State of Texas, unless otherwise permitted by Owner. The Contract shall, at his own expense, purchase, maintain and keep in force insurance that will protect against injury and/or damages which may arise out of or result from operations under this contract, whether the operations be by himself or by any subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, of the following types and limits Page 15 of 17 1. Standard Worker's Compensation Insurance: 2. Commercial General Liability occurrence type insurance City of Port Arthur, its officers, agents, and employees must be named as an additional insured): a. Bodily injury $500,000 single limit per occurrence or$500,000 each person/$500,000 per occurrence for contracts of$100,000 or less; or Bodily injury $1,000,000 single limit per occurrence or$500,000 each person/$1,000,000 per occurrence for contracts in excess of$100,000; and, b. Property Damage $100,000 per occurrence regardless of contract amount; and, c. Minimum aggregate policy year limit of$1,000,000 for contracts of $100,000 or less; or, Minimum aggregate policy year limit of$2,000,000 for contracts in excess of$100,000. 3. Commercial Automobile Liability Insurance (Including owned, non-owned and hired vehicles coverage's). a. Minimum combined single limit of$500,000 per occurrence. for bodily injury and property damage. b. If individual limits are provided, minimum limits are $300,000 per person, $500,000 per occurrence for bodily injury and $100,000 per occurrence for property damage. Contractor shall cause Contractor's insurance company or insurance agent to fill in all information required (including names of insurance agency, contractor and insurance companies, and policy numbers, effective dates and expiration dates) and to date and sign and do all other things necessary to complete and make into valid certificates of insurance and pertaining to the above listed items, and before commencing any of the work and within the time otherwise specified, Contractor shall file completed certificates of insurance with the Owner. None of the provisions in said certificate of insurance should be altered or modified in any respect except as herein expressly authorized. Said CERTIFICATE OF INSURANCE Form should contain a provision that coverage afforded under the policies will not be altered, modified or canceled unless at least fifteen (15) days prior written notice has been given to the City of Port Arthur. Contractor shall also file with the City of Port Arthur valid CERTIFICATE OF INSURANCE on like form from or for all Subcontractors and showing the Subcontractor(s) as the Insured. Said completed CERTIFICATE OF INSURANCE Form (s) shall in any event be filed with the City of Port Arthur not more than ten (10)days after execution of this Contract. NOTICE TO PROCEED: Notice to Proceed shall be issued within ten(10)days of the execution of the Contract by OWNER. Should there be any reasons why Notice to Proceed cannot be issued within such period, the time may be extended by mutual agreement between OWNER and CONTRACTOR. Page 16 of 17 APPENDIX A. NON-DISCLOSURE AGREEMENT In consideration of the City of Port Arthur,TX retaining the services of a consultant and because of the sensitivity of certain information which may come under the care and control of Consultant,both parties agree that all information regarding the City or any selected City agency subject to this contract,or gathered, produced, or derived from this project(Confidential Information) must remain confidential subject to release only by permission of the City, and more specifically agree as follows: Media releases pertaining to this RFP and/or any resulting contract,or the services to which they relate,will not b e made without the prior written consent of the City, and then only in accordance with explicit written instructions from the City. The disclosure of the contents of proposals prior to the award of a contract under this RFP, or any other violation of this section,may result in disqualification. 1. The information may be used by Consultant only to assist Consultant in connection with its engagement with the City. 2. Consultant will not, at any time, use the information in any fashion, form, or manner except in its capacity as independent consultant to the City. 3. Consultant agrees to maintain the confidentiality of any and all deliverables resulting from this contract in the same manner that it protects the confidentiality of its own proprietary products of like kind. 4. The information may not be copied or reproduced without the City's written consent. 5. All materials made available to Consultant, including copies thereof,must be returned to the City upon the first to occur of a)completion of the project; orb)request by the City. 6. The foregoing must not prohibit or limit Consultant use of the information (including, but not limited to, ideas, concepts, know-how,techniques and methodologies)a)previously known to it; b) independently developed by it; c) acquired by it from a third party; or d) which is or becomes part of the public domain through no breach to Consultant of this agreement. 7. This agreement shall become effective as of the date information is first made available to Consultant and must survive the contract and be a continuing requirement. 8. The breach of this Nondisclosure Agreement by Consultant shall entitle the City to immediately terminate the Agreement upon written notice to Consultant for such breach. The parties acknowledge that the measure of damages in the event of a breach of this Nondisclosure Agreement may be difficult or impossible to calculate,depending on the nature of the breach. Regardless of whether the City elects to terminate the Agreement upon the breach hereof, the City may require Consultant to pay to the City the sum of$1,000 for each breach as liquidated damages. This amount is not intended to be in the nature of a penalty,but is intended to be a reasonable estimate of the amount of damages to the City in the event of a breach hereof by Consultant. City does not waive any right to seek additional relief,either equitable or otherwise, concerning any breach of this Agreement. Printed Name Signature Title Date Page 17 of 17 \\iv 2 -CITY OF PORT ARTHUR,TEXAS City of , 40 ort rth„. ADDENDUM NO. ONE (1) Ir..:r September 3,2021 BID FOR: COLLECTION OF FINES FOR MUNICIPAL COURT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, September 22, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday, September 22, 2021. in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. C rz a a ii:an,� Cli n Williams, CPPB Purchasing Manager 171.444, Z.X/t4 .1444....-- ' '- 3 -,2I Signature of Proposer Date A eKle kiKeliq &,, ,di e. . Companj,Vendor Name -CITY OF PORT ARTHUR, TEXAS 2;1 rthur— ADDENDUM NO.TWO(2) September 20,2021 BID FOR: COLLECTION OF FINES FOR MUNICIPAL COURT The following clarifications, amendments, deletions, additions, revision and/or modifications are made a part of the contract documents and change the original documents only in the manner and to the extent hereinafter stated and shall be incorporated in the contract documents. Provisions of this addendum shall take precedence over requirements of the original contract documents and all BIDDERS ARE REQUESTED TO ACKNOWLEDGE SAID PROVISIONS IN THE SUBMISSION OF THEIR BID. Addendum as follows 1. DEADLINE: Sealed proposal submittals must be received and time stamped by 3:00p.m., Central Standard Time, Wednesday, October 6, 2021. (The clock located in the City Secretary's office will be the official time.) All proposals received will be read aloud at 3:15p.m. on Wednesday,October 6, 2021. in the City Council Chambers, City Hall, 5th Floor, Port Arthur, TX. Proposals will be opened in a manner to avoid public disclosure of contents; however, only the names of proposers will be read aloud. 2. Attached are 43 questions and answers If you have any questions, please contact the Purchasing Division at 409-983-8160. NOTE: ALL PAGES OF ADDENDA MUST BE SIGNED AND SUBMITTED WITH YOUR BID DOCUMENTS. Clifton Williams, CPPB Purch Manager Si ature of Proposer Date A' 27 uJLCompanyndor Name QUESTIONS AND ANSWERS FOR COLLECTION OF FINES BID 1. Would the City consider extending the response due date out a week due to the Labor Day Holiday weekend?Yes 2. The RFP states that"proposals be limited to no more than 50 pages, excluding resumes". Are the cover letter,table of contents,executive summary, RFP required forms, and exhibits exempt from the City's page limit as well? Yes 3. What is the current liquidation rate for the current vendor?30% 5. What is the current vendor's historical recovery percentages (liquidity) on accounts over the past 1-2 years? 54% 6. What is the total backlog of accounts with the City? (Total#of cases and dollar volume) 30,000 @ $8.5 million 7. What is the average age of the accounts? 3-5 years 8. What is the average age of accounts that are available for placement by account type?3-5 years 9. What is the average balance of the accounts?$600 10. What is the current frequency of account placements from the City to the current vendor? Daily 11. Does the City allow the vendor to accept partial payments? No 12. How often does the City place accounts with the current vendor? Daily 13. On average, how long will the current vendor make collection efforts on an account? Until recalled from court 14. On average, how many accounts does the City recall from the current vendor monthly? 1,600 15. If a new vendor is selected, will previously place accounts be recalled from current vendor and placed with new vendor?Yes 16. Does the City compensate the current vendor on a contingency fee basis? If so,what are these rates? 30% per Texas law 17. What percentage of accounts ultimately require litigation efforts to effect collections?0% 18. Why is the City going out to RFP at this time?Contract ended 19. Has the City exhausted all contract extensions on the existing contract/procurement? Yes 20 Please describe your level of satisfaction with your current or recent vendor(s) for the same purchasing activity, if applicable. We are extremely satisfied with the quality of service currently provided by our current vendor. 21 How are fees currently being billed by any incumbent(s), by category, and at what rates? A monthly collection report is compiled and forwarded to our current vendor for billing. All billed amounts are calculated by court. 22 What estimated or actual dollars were paid last year, last month, or last quarter to any incumbent(s)? $62,522 Aug 1,2020-Aug 31,2021 23 What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category? Cases are placed in collections after 90 days in warrant status. Avg age of case from origination of case is>180 days. 24 What is the average age of accounts at placement (at time of award and/or on a going-forward basis), by category? Cases are placed in collections after 90 days in warrant status. Avg age of case from origination of case is>180 days. 25 What is the monthly or quarterly number of accounts expected to be placed with the vendor(s) by category? 150+depending on backlog work 26 What is the monthly or quarterly dollar value of accounts expected to be placed with the vendor(s) by category? $50,000-$60,000 monthly 27 What has been the historical rate of return or liquidation rate provided by any incumbent(s), and/or what is anticipated or expected as a result of this procurement? 50% 28 Have all cases been fully adjudicated by the time of placement? No 29 If applicable, will accounts held by any incumbent(s) or any backlog be moved to any new vendor(s) as a one-time placement at contract start up? No 30 What is your case management/accounting software system of record? LTSystems currently,moving to InCode Feb 2022 31 Who is your electronic payment/credit card processing vendor? Chase 32 What process should a vendor follow, or which individual(s) should a vendor contact, to discuss budget-neutral services outside of the scope of this procurement, but related to it, designed to recover more debt prior to outside placement and lower collection costs? Clifton Williams, Purchasing and Andetria Jones, Municipal Court Clerk 33 How do your current processes and/or vendor relationship(s) systematically determine if the death of a responsible party has occurred? Our current vendor does name tracing/cross referencing on all cases to determine collectability 34 How do your current processes and/or vendor relationship(s) handle the death of a responsible party? A file is sent to vendor anytime there is an update to a case from the court and vendor will send an email when they are notified of the responsible party's death by providing documentation regarding proof of death,i.e.death certificate, obituary,TLO search,police report,etc.and case is removed from collections by both parties. 35 Do you have a designated process or policies around deceased accounts today, and what is envisioned in the future? Yes, would like immediate notification with a statewide system/database that once a death certificate was filed it could cross reference our case files and send notification to court. 36 Do you currently search and file probated estate claims? Have you considered an automated tool to identify and file probated estate claims? No 37 To how many vendors are you seeking to award a contract? 1 38 To what extent are these accounts owed by private consumers versus commercial businesses? All are private 39 Will accounts be primary placements, not having been serviced by any other outside collection agency, and/or will you also be referring secondary placements? If so, should bidders provide proposed fees for secondary placements also? They will be both and yes provide proposes fees if applicable for secondary placements. 40 What collection attempts are performed or will be performed internally prior to placement? Mailed notices and postcards,text messages,calls from warrant officer are performed throughout the life cycle of the case. 41 Will the selected vendor be allowed to litigate balances exceeding a certain dollar amount on your behalf, with your explicit approval? No 42 What is the total dollar value of accounts available for placement now by category, including any backlog? 8.5 million 43 What is the total number of accounts available for placement now by category, including any backlog? 30,000 mvba Going Further-. . . McCreary Veselka Bragg&Allen PC.Attorneys at Law City of Port Arthur, Texas RFP#P21-068 Collection of Fines for Municipal Court EXHIBITS 1. Sample Reports 2. Sample Letters 3. Sample Telephone Scripts 4. Third Party Debt Collectors Bond 5. Certificate of Insurance 6. Certificate of Account Status 7. Member of the American Collectors Association of Texas 8. Member of the American Collectors Association International Exhibits EXPLANATION OF REPORTS Acknowledgement Report MVBA's Acknowledgement report is sent to the client within 7 days of receiving new cases in our system.This provides the client an opportunity to verify that MVBA received the cases that were intended to be sent. Transaction History Report MVBA Transaction History Report is used to notify the clients daily of payments taken at MVBA.The report provides the defendant name, payment amount, current balance, date paid and status of the case. The transaction report is faxed or emailed daily with all payment received or posted each day. Collection Activity Report MVBA Collection activity report provides a summary of letters mailed, phone calls made, cases referred to collections and the number and amount that have been paid. The report further provides the number and dollar amount of the cases cancelled/recalled as well as the total number and dollar amount of cases resolved. This report is broken down by year and quarter and also for the life of the contract and is emailed to our clients quarterly. Invoice MVBA's invoice provides a detailed list of cases paid to the court and to MVBA. Each payment is itemized and includes the defendant's name, client number, date paid, date the payment was posted, money paid to each party and the corresponding fee and current balance. On Monday the invoice is created and sent with a check (ACH available) to the client. Statement Monthly listing of all invoices submitted reflecting the total collections for the month and total fees due that MVBA shows open and ready to be paid by the client. McCreary Vesetica Bragg and Allen,P.C. P.O.Box 1310 Round Rock,TX 78680 1 866-95 5-545 5 County Attn: 113 N el son TX --99; Acknowledgement Report March 8.2016 Our`umber Name YourNumber Date Rcrd Amount Placed 0000460 _ 3732182 AROCHA,BRIANNALYNN H201518268 213'2016 23530 3732183 CHAVEZ,STEPH ' H201518270 213'2016 421.20 3725823 CORTEZ,REFUGIO ORTIZ H201518201 211?2016 33670 3725826 DO WELL,THOMAS MICHAEL 11201518230 2'11.2016 218.40 3732180 GARCIA,MARIA DE LA LUZ H201518257 213,2016 410.80 3732181 GARCIA,MAARIA DE LA LUZ H201518258 223.1016 38220 3725824 GONZAI.F7,WILLIE H201518205 2'11 2016 384.80 3725825 GONZALEZ,WILLIE H201518206 2.111016 26520 3732184 LONG,JAMES DONIVAN H201518276 2123.'2016 282.10 3732185 MOORE,MARK DWAYNE 11201518277 213/2016 336.70 3725827 STOKER,WILLIAM EARL 11201518238 2f111016 335.40 3725828 STOKER,WILLIAM EARL H2015182.39 2/11/016 313.30 3732186 WILLIAMS,CORNELIUSAYODELE H201518289 213.2016 42120 3732187 WI LIAMS,CORNELIUSAYODELE H201518290 2.23.2016 590.20 3732188 WILLIAMS,CORNELIUS AYODELE H201518291 2:23.'2016 843.70 Total items 15 $5,777.20 J J J J J J C I=L L=L L=L Ll- U G Z Z Z Z Z Z Z Z i crf ' a. a. cl a a a_ a a_ r, '4) tz N ` N- N.N h ~ MMMMMMmM E ,h, x = x NK x c x i 4 i r b4 4 +4- -fi- 4 4 u 2 . g- .A. as a b t od !'4 , ( i i E cum i m N M eN,, ran) rat [ri ' �r fPr *Fr *A. *Fr 8A- I. � . ; M v Vs 5 - A I.L a M1 rY rR1 r~1 N M mL' m �-1 N rW M M M M LL g .^-t t1+ Zr; rw r+'S M i 1 ,1+ ri LA Ln - - ,-1 ,-1 .-1 ?, d aL. Ell. a. a a a a 4 inn rn n n 4-1 In n g r7 t 0 7344 = = =:ft a 0..Iv a at. a a a a a cc C ka R LLJ Ed °▪ 1• 1 00 oP. 1 roO Z d ceaw 6. O g Z B --.1 z ii "14 z i > = Cmm ) V' M cp In enepe�� n 8-at.' 1n - �O 10 O: O� O Ca M N N N t0 in Om .-t •I' •., e' in o' ; ; CO 8 en In ; 'y p IN. Cp cor� M C ti g IA ry coM' 1�Qp r V R • is. Tr10 * If co IIS N M O en N M N r^i ir 'T N M1 i!r h� Nits. V, 'T In N d' es `f 9.1 in VI 4.1 in �o pn Ill 4Q.11�it ch -4 N O 1 V c; N Ilie� CZ f Vs .r L1 .,1 d� e,j� e� ppyy N a U 1 nh N. O M M iti VD a es as a a _ W ry .� .� + y1 q c 07 N lo: M1 Q Y'1 S$ eel 4) 0 N '0' C+CI' dd� to o� u- i ' O M M M a! tR ai .n .n iC 5<0 O N Co N M fQ o - sw CO _ r C,y ~ If f r+ Ct3 � .+ f+ n m A ® a VI. 4eik Q! 0 ® ,•. .-+ m co In p L R1 to yl N S R m N C7+ M1 vi 0 CD L mnen '111 .. Nq. rj U • E w M n igi ni eN in (VJ WN 0 n. / ., .. � 9 coLei Nin en r,en iti Ln Pti1 4 :! ,o V* to in e M N :44 w a i N '� a . 3 o WM 7,a. = y t +r u. "CDC. c .— a Z i _ ea I .2 J . ] c. t „. a c g c I 3 3 McCreary, Veselka, Bragg & Allen, P.C. Collection of Delinquent Fines Fees County September 03, 2003 - December 31, 2015 For Year 2015 Quarter 1 Quart Quarter er 4 Cases Placed 111 __ :77 ,7'3 Dollars Pi3 _ed $37,304.84 $50,719.55 $63,==- -- •'- Cases With Partial Payment 17 34 22 15 Partial Payments Reported $2,482.87 $6,841.87 $2,784.80 $1,021.02 Cases Paid in Full 49 131 76 53 Dollars Paid in Full $14,039.04 $41,059.49 $21,530.20 $15,794.37 Cases Cancelled By Court 21 2 23 17 Dollars Cancelled By Court $7,206.16 $616.20 $8,942.96 57,568.21 Cases Resolved 70 133 99 - Amount Resolved 524,102.44 $41,641.95 $31,939.29 $14, ';: _ For Year 2015 4 Number of Letters Mailed 3,34C, -le 2 :2_ 4.07 Number of Calls Made 155,558 218, ::2 ?_- ,-- _;: McCreary, Veselka, Bragg, and Allen, P.C. P.O. Box 1310 Round Rock, Texas 78680 MVBA Invoice Invoice: 114449 CHECK Report Date: 11/09/Z015 Account Date Date Paid to Paid to Name Number Posted Paid MVBA Client Fees Balance DIE, J..iHf; 9S7365 11/04,/2015 11/04/2015 175.50 0.00 40.50 0.00 Report Totals 175.50 0.00 40.50 MI/BA teen Due: $40.50 Total Collections: $175.50 CHECK to be Remitted: $175.50 McCreary, Veselka, Bragg, and Allen, P.C. P.O. Box 1310 Round Rock, Texas 78680 MVBA Invoice Invoke:: 1.14448 Report Date: 11/0912015 Account Date Date Paid to Paid to Name Number Posted Paid MVBA Client Fees Balance EH1E. 34.7E 123456 11/0412015 11/04,2015 0.00 236.00 66.00 0.00 Report Totals 0.00 286.00 66.00 MVBA Fees Due: $66.0Ci Totrii Colle for : $286.0G CHECK to be Remitted: $0.Ce McCreary, Veselka, Bragg, &Allen PC Statement IOLTA TRUST ACCOUNT P.O. Box 1310 Date Round Rock, TX 78580 11/2/2018 rin i Total Amount Due I City of Sample Muni6ip Cciur3 [ 1123 Any Street $1,239.61 Anywhere,TX 12345 Date Invoice Plumber&Description Amount Due 10/01/2018 INV 4177990.Orig.Amount$213.60. 213.60 10/07/2018 INV#178376.Orig.Amount$107.11. 107.11 10/14/2018 fNV#178698.Orig.Amount$284.40. 10/14/2018 INV 4178699.Orig.Amount$107.10. 284.10 10/21/2018 INV#179092.Orig.Amount$206.10. 107. 0 10/28/2018 INV 4179408.Orig.Amount$321.30. 206.10 321.30 7 Current 31-60 Days 61-90 Gays Over 9C Days Total Due 1,026.01 213.60 0.00 0.00 $1,239.61 - Our records indicate these invoices are due. Please contact our office if you have any questions. James Mansfield at 1-800-287-0013 x 208 or jmansfield@mvbalaw.com M b a DAYS OF OPERATION OFFICE HOURS MONDAY-FRIDAY 8:00 AM-7:00PM MCCREARY VESELKA BRAGG &ALLEN P.C. CENTRAL TIME Attorneys at Law P.O.Box 1310 Round Rock,TX 78680-1310 November 9,2016 Jack Armstrong NOTICE OF OUTSTANDING CITATION k! �4 ' XXXXXXXXXXXXX �/�/ 1c , t :. XXXXXXXXXXXXXXXXXXXXXXXX ■ Total Amount Due:$3,372.20 According to the court(s)listed,you have an outstanding citation(s)that needs your immediate attention.The court(s)has referred this past due citation(s)to our law firm pursuant to Article 103.0031 of the Texas Code of Criminal Procedure. Docket Reference Jurisdiction Offense aalance 600351-6003511 2905179 Town of Westlake Municipal Court Fail To Display Driver's Licen $334.10 600351-6003512 2905180 Town of Westlake Municipal Court Expired Driver's License $297.70 600351-6003514 2905348 Town of Westlake Municipal Court Violate Promise To Appear $386.10 600351-6003515 2905349 Town of Westlake Municipal Court Violate Promise To Appear $386.10 600351-6003516 2905350 Town of Westlake Municipal Court Violate Promise To Appear $386.10 644655F01 3758836 City of Haltom City Municipal Court FAILURE TO APPEAR $249.60 64465501 3758834 City of Haltom City Municipal Court DRIVING WHILE LICENSE INVALID $356.20 64465502 3758835 City of Haltom City Municipal Court FAIL TO MAINTAIN FINANCIAL RES $612.30 PLEASE BE ADVISED THAT YOU MAY HAVE ADDITIONAL CASES PAST DUE. Not all citations may be listed above. Contact us for more information. If you are represented in this matter, please forward this letter to your attorney so that your attorney may contact our firm. If you believe the amount due the court has been paid or otherwise satisfied by deferred disposition, community service,jail time served, or defensive driving course, please contact our office. If you have not responded to the citation, you have a right to plead not guilty, post bond and have a trial by jury on the citation by contacting the Court either in person or writing. On the other hand, payment in full of the amount shown above constitutes a plea of "no contest" pursuant to Article 27.14 of the Texas Code of Criminal Procedure and will dispose of the citation(s). McCreary Veselka Bragg&Allen P.C. FOR QUESTIONS, PAYMENT OPTIONS OR TO MAKE A PAYMENT P.O.Box 1310 Call: 1-866-955-5455 Round Rock,TX 78680-1310 Online: www.paymvba.com Mail: PO Box 1310, Round Rock, TX 78680 ` `Fra Cashiers Check or Money order; No personal checks accepted. Write the Reference# on the cashier's check or money order to receive credit for your payment. ]li41111iillilullirllllli1111"llli6mlil1tin4ihlluhl Jack Armstrong xxxxxxxxxxxxxxxx XXXXXXXXXXXXXXXXXXXXXXXxxx AAVOA ICA711A) Q1A;9 1nA77-70nr.9nownnnnA:7000mnnnnn17G cc.aArnnvuci • V. DAYS OF OPERATION l I OFFICE HOURS MO+VDAY-FRIDAY ` 8:00 AM-7:OOPM MCCREARY VESELt(e BRAGG&ALLEN P.C. CENTRAL TIME Attorneys at Law P.O.Box 1310 Round Rock,TX 78680-1310 1:1November 9,2016 ,,_^ , W Jack Armstrong Aviso de saldo pendiente � , '' :'J XXXXXXXXXXXXX t.. •J .ye , ,, , XXXXXXXXXXXXXXXXXXXXXXXXX "�.� lmporte total debido:$3,372.20 Segun Ia tribunal(es) notado, Usted tiene Un saldo citation que requiere su atencion inmediatamente. La carte se ha referido este caso a nuestro bufete de abogados de conformidad con to dispuesto en el articulo 103.0031 del COdigo de Procedimiento Penal de Texas. Cuenta Referenda lurisdiccion Violation Saida 600351-6003511 2905179 Town of Westlake Municipal Court Fail To Display Driver's Licen $334.10 600351-6003512 2905180 Town of Westlake Municipal Court Expired Driver's License 5297.70 600351-6003514 2905348 Town of Westlake Municipal Court Violate Promise To Appear 5386.10 600351-6003515 2905349 Town of Westlake Municipal Court Violate Promise To Appear 5386.10 600351-6003516 2905350 Town of Westlake Municipal Court Violate Promise To Appear 5386.10 644655F01 3758836 City of Haltom City Municipal Court FAILURE TO APPEAR $249.60 64465501 3758834 City of Haltom City Municipal Court DRIVING WHILE LICENSE INVALID 6356.20 64465502 3758835 City of Haltom City Municipal Court FAIL TO MAINTAIN FINANCIAL RES 5612.30 SEA NOTIFICADO QUE PUEDE TENER OTROS CASOS VENCIDOS APARTE DE ESTE No todos los citation se pueden enumerar arriba.Pangase en contacto con nosotros para obtener mas information. Si estan representados en este asunto, por favor envie esta carta a su abogado para que su abogado puede contactar con nuestra empresa.Si usted cree que se ha pagado el monto de Ia carte o si no satisfecho por disposition diferida, servicio a la comunidad,tiempo en la cartel sirve o curso de conduction defensiva, pongase en contacto con nuestra oficina. SI no han respondido a la citaclon, usted tiene derecho a no declararse culpable, depositar flanza y tener un juiclo con jurado en la cita poniandose en contacto con la come ya sea en persona a escribir. Por otra parte, pago total de Ia cantidad indicada anteriormente constituye una declaration de "no contest" en virtud del articulo 27,14 del codigo de procedimiento penal de Texas y deshara la esa. PARA PREGUfTAS, OPCIONES DE PAGAR 0 PARA PAGAR EL SALDO Call: 1-866-955-5455 Online: www.paymvba.cortn Mail: PO Box 1310, Round Rock, TX 78680 Chasiers cheque o giro postal; No se aceptan cheques personales. Escriba la referencia# en el cheque o giro postal para recibir credito por su pago. Fines and Fees F&F-Script#1-Outbound call: Contact made with defendant. Hello, may I speak to DEFENDANT NAME. Good Morning/Afternoon Ma'am/Sir. My name is COLLECTOR NAME and I am a non-lawyer specialist with MVBA. For security purposes can you please verify your Date of Birth. FULL AND COMPLETE INFORMATION: 1. Verify defendant's mailing address. 2. Verify good contact phone number. 3. Verify alternate contact information. (cell ph, family members) We are contacting you on behave of CLIENT regarding your passed due FINE/TICKET(S) in the amount of $DOLLAR AMOUNT. Would you like to take care of this matter today? ****pause**** DEFENDANT NAME, do you have something to write with? How will you be making this payment?We accept debit/credit card or a check by phone.There is a $10.00 transaction fee. Money Gram express payment is also a payment option. You can also send a cashier's check or money order to: MVBA REF#123456 P.O. BOX 1310 ROUND ROCK,TX 78680-1310 My name is COLLECTOR NAME and my phone number is: 1-866-955-5455. REBUTTAL: When defendant says they cannot pay the debt: "In order for me to stop further collection activity, I must receive the balance or representation of the balance in our office. Let's set up a payment arrangement to get this matter taken care of quickly." Updated: 07/20/17 F&F-Script#2-Inbound call: Contact made with defendant. MVBA this is COLLECTOR NAME. How may I help you? May I have your DL#/REF#/DOC#. Is this DEFENDANT NAME?And for verification, what is your Date of Birth? DEFENDANT NAME, let me update your file and see if we can help you get this matter resolved today. FULL AND COMPLETE INFORMATION: 1. Verify defendant's mailing address. 2. Verify good contact phone number. 3. Verify alternate contact information. (cell ph,family members) We are contacting you on behave of CLIENT regarding your passed due FINE/TICKET(S) in the amount of $DOLLAR AMOUNT. Would you like to take care of this matter today? ****pause**** DEFENDANT NAME, do you have something to write with? How will you be making this payment?We accept debit/credit card or a check by phone. There is a $10.00 transaction fee. Money Gram express payment is also a payment option. You can also send a cashier's check or money order to: MVBA RE F#123456 P.O. BOX 1310 ROUND ROCK,TX 78680-1310 My name is COLLECTOR NAME and my phone number is: 1-866-955-5455. REBUTTAL: When defendant says they cannot pay the debt: "In order for me to stop further collection activity, I must receive the balance or representation of the balance in our office. Let's set up a payment arrangement to get this matter taken care of quickly." Updated 07/20/17 F&F-Script#3-Leaving message with Other: Hello, may I speak to DEFENDANT NAME. May I leave a message for DEFENDANT NAME, Do you have a pen/paper avail? My name is COLLECTOR NAME and I am calling with MVBA. Our toll free phone# is 1-866-955-5455. Our office hours are Monday-Friday from 8am to 7pm. Please have DEFENDANT NAME contact me at their earliest convenience with Reference number 123456. Thank you. *You may speak to the 3' party regarding this matter. Get their name and relationship. Voicemail Messages: Hi, this is COLLECTOR with MVBA calling for Defendants name reference number in regards to a very important legal matter. Please return my call as soon as possible toll free at 866-955-5455. Spanish: Me Ilamo . Estamos Ilamando de la oficina de los abogados MVBA para (defendant), numero de referencia # referente a un caso legal que tiene pendiente en nuestra oficina. Por favor devuelva nuestra Ilamada to mas pronto posible al numero de telefono gratis 866-955-5455. Gracias. Updated 07/20/17 i RIDER BOND NO. 775224817 TX EFF. DATE OF RIDER: JANUARY 01, 2007 PRINCIPAL: MC CREAKY, VESELKA, BRAGG & ALLEN, P.C. ATTORNEYS AT LAW OBLIGEE: TIIS STATE OF TEXAS DATE OF BOND: JU2,'E 01, 2003 This rider is to be attached to and form a part of the above described bond. The surety hereby gives its consent to CHANGE PRINCIPAL BOND ADDRESS TO: 700 JEFFREY WAY, SUITE 100, ROUND ROCK, TX 79664 Nothing herein contained shall be held to vary, alter, waive or extend any of the erms, conditions, provisions, agreements or .limitations of the above mentioned bond other than as above stated. Signed and Dated on the 26 DAY OF FEBRUARY, 2007. MC CREAKY,JVESELKA, BRAGG & ALLEN, P.C. ATTORNEY2/AT LAW Principal TRAvXLZRS CASUALTY & SURETY-COMPANY OF AMERICA Surety BY: 122LOLe �``-'-'Slilirit4/4k01 LESLIE LUX SCSWANXL, Attorney-In-Fact • • THIRD-PARTY DEBT COLLECTOR BOND • BOND NUMBER: 775224817 TX XNOW ALL PERSONS BY THESE PRESENTS: That, we 3 C C&SARY, VSSRLXA, BRAGG is ALLEN, P.C. ATTORNEYS AT LAN, as Principal, whose address 5929 BALCONES DRIVE, SUITE 200, AUSTIN, TX 78731 and TRAVELERS CASUALTY & SURETY COMPANY OF AMERICA, as Surety, and being a surety company authorised to do business in the State of Texas, are held and firmly bound unto this State of Texas, in the sum of TEN THOUSAND DOLLARS AND NO/100 (S10,000), payable to the State for the us: and benefit of the State or any injured party, lawful money of the United States of America, the payment of which well and truly to be made, we and each of us, bind ourselves, our hairs, executors, administrators, successors and assigns, jointly, and severally, firmly by these presents. ' 1 THE CONDITIONS OF THE ABOVE OBLIGATIONS ARE SUCH THAT: 4 1 Whereas, the above named Principal is engaged in the business of a third-party debt collector in accordance with the provisions of Texas Financial Coda, 1392.001 et seq.; NON, THEREFORE, if the Principal shall conduct the business of said principal in accordance with the provisions of S392.001 et seq., and if said Principal in the course and scope of the business of said Principal shall not damage any person by any violation of the act, than this obligation shall be void, otherwise to remain in full force and effect. THIS BOND IS SUBJECT TO TER FOLLONTNG CONDITIONS: 1. This bond shall also be construed to be in favor of any person damaged by any violation of 8392.001 et seq. 2. That an individual injured by a violation of this act may bring • an action against principal and surety on this bond. 3. That the aggregate liability of the surety to all parsons damaged by principal's' viiolation of this act nay not exceed the amount of the bond. • 4. The bond shall not be subject to cancellation by either the principal or the surety unless written notice of intent to cancel is forwarded by the surety and/or principal to the Secretary of State, Statutory Docimeaats Section, at least ninety (90) days prior to the effective date of the cancellation. If the cancellation is at the request of the surety, the surety shall also provide .the principal with written notification at least ninety (90) days prior to the effective date of cancellation. Fosm#2901 IN WITNESS WHEREOF, said PRINCIPAL and SURETY have been executed this c bond, this 29 DAY OF MAY, 2003. E This bond in effective .7 NZ 01, 2003. SURETY BY: TRAVELERS CASUALTY F SURETY COMPANY OP A]MERICA i (signature) ELEANORE G. 1POODWARD (Printed or Typed Name) Title: Attorney-In-Fact Address: ONE TOOTER SQUARE, HARTFORD, CT 06183 1 f Countersigned by: N/A (Signature) N A ( inted Name) PRIPCIPaL: MC « ,i • . ILEA, BRaaa A ALL=H. P.C. A3'TOR1iNYS AT LAW /I-N. ! (Si nee) 3* 4,,k-- y PI. A.4.—r-A1 (Printed ]tams & T e) File completed bond farm with: . Secretary of State Statuto m2S action Aneti T1s87 711-2 1 i (OCE/10/93) • • Focn 290I TRAVELERS CAST `= Y AND SURITY COMPANY'OF AMERICA.• TRAVELKi ASAALTY AND=MY COMPANY FARMINGTON CASUALTY COMPANY Hertford,Co vet 06183-5' 62 POWER OF ATTORNEY AND C'ERTRICATE OF AUTHORITY OF ATTORNEYS)-IN-MALT KNOW ALL PERSONS BY.THESE PIZS NT5, THAT•TRAVliiLl(RS CASUALTY AND SURETY COMPANY OF AMERICA, TRAVELERS CASUALTY AND SURETY COMPANY and FARMINGTON CASUALTY COMPANY, carporatious dimly dganigedmidd the laws of the State of Connecticut,and having their principal oboes in the City cd Hartford, rd, County d}ariftlld, `.: %prslmed*(*mina*:the "i's'repanier)bath made, constitated and appointed,and do.by them lkettenti.. , -r,•.11.. and appoin4 Fetrds.I.Wolf, Rime G. Woodward, of Minneap.Zia, Minnesota. times tine and lard:Alt (a a with fall..ta)itver sad, hereby conferred to sign,execute and ad o%dedge,at any place vatdo the UMW Stater,;,the laying ri rument(s): by his/her sole signature and act, any and all bonds, sec ogaf zant cs, ccdtazts of may;:dad other wfitings:'bbligatory in the named of a band,recognizaace,or conditional undertaking and any and all onset is incident thereto and to hind the CcsmpamCs,thereby as fully and to the name admit as if the same wan signed by the duly tiorizod often of the Companies,and all the acts of said Attortey(s)-in ,persaant to the authority herein giventaa bettdu pitlifted and tea. This r is o a DIA=and by•anthocity of the following Standing Readutions of said Coropaniea,which Resolutions ye IYAV in fill force and effect: VO"t2D: 'lhe.tne`Che tired.the Prosidelt" ;erne Vice Chadmsaa. th ViioePresident,a ay senior V3cePmaideot,any VieePtesikee,onY Seedntl'Yet&Pfisidesf;fberreeimm lery Amiatant TricatitekihnCarded Seeetti y'of any Assistant Se&eday may ipPobt Attocao-in.Yact atd Agents to set for aid cm behalf cite eornpasy sad miry give sorb appointee Saab anthcirity as his or her mate of seliiarity may yriairibe - to sign with the Company's name end seal with the Canpany's.sal brads,recognizonces,caotracta of irdenkay,and other waiter obGgstmy its the nd=of a band,recognizance,ar additional urn sad any of said officers or the Board of Directors at any time may remove any era ruiner#and revoke the power given him or her. VOTED: That the Choiansm,the President,any urine Chai>mte,say 1 R Vice he it,any Senior Vice President Or any Vice 1 ardent may delegate all or any port of the authority to ono or more mods or employees of this Company,provided that aids such deir_atior is issuing sad a.ropy.thet'etif*1 @its!Pee of the Sasc y. - • . VOTED: That any band, t of indemnity, ar'vt+rit .obtititccy in.the nature of a boast sntnogtteyaace, dr oxiditicoal imidert ng shagbe valid andlointrikiipen t#ie;Companywh n(a)sign tI cPre*cent,say Yea CTarity::E ecultrc Vice President ray Senior Vim Prssidmt or any leiso�P any Second Vies Preach t, 'Ireasarer,any Assistant tax Ccepidate Secretary or say Asastani.Secretary rod duty attestedaod sealed with the Company's seal by a Secretary re Assistant Seaotary,or(b)dnty a emsted(under seal„if required)by doe or more Attorneys-in-Fact and Ageub paranoid to the power prayed in his cr her certificate or their natificakes d'amlrxrty or by arc or more Cat4iaar offacm pen atilt to a written delegation&authority. This Power of Attorney mad Certeleate of Anthardlty in Mped.aod scalcil•by facdaile(ateeDtlairal sr ted)traits and by aseiority of the falqwhag Shuttling ResoIndea rated Orthellejoyls of Dimon el TRAVELERS CASU4LTY AND 5UairY COMPS 4Y,.Off.AMrRI 1RAv$1. BS CASV4LTY AND, 1T COI ANY aid FAZ1WVIPPI.CASUALTY {:O t Yjt 1�6k g1 itOtorce,tl� .0.0t. ,: : • n • . l.. .!fit .S r r:• •4 �t: ::�:;.-. . rr. a .tiny. q voTw Thai tio:iithabire of wait of the folio eg of nk Piisideid,rind Enoch ate Vice Priaidaot,ray Serfage Vice resident any Vice President,say Assistant Vice President,any Secretor',anyAssistsct may,and the seal of the Company may.ba affixed by facsimile to any power of*inanely or to any certificate relating thereto appointing Resident Vice Pr aidents,Resident Assistant Secretaries or A Fact for parpoar's only of executing and spiting bonide red undertakings and other w dti iga obligatory is the natsre theme(mid any each power cf of taacy or ratite bears g.st a aigmtme dr feeihmle aml stall be valid mad hind*ripen the Comm?and any such power eo ese anted and os tiro .by..atitll&gulag.aigntrire and bgitmie seal shall be valid and binding upon the Canpeuy in the future with respect to any bard or andectiIitigio toidikig attiebed, • . (11-00 sOradrad) . - • STATE.OF MINNESOTA) COUNT,'OF HENNEPIN)SS: MAY 2 9'2003 before me,a Notary Pubic within and for said County and State,personalty appeared ELEANORZ G. WOODW,A.RD known to me to be the Attorney-ln-Fact of TRAVELERS CASUALTY AND SURETY GOMPANY OF AMERICA,the 5 corporation described In and that executed the within and foregoing instrument in behalf of saki corporation and(Ole tidy acknowledged to me that such c:orporatton executed the same. 7 L7 At4arlaLugaa t„. MIntlesole =• litytomoiniseipisit _ • • • • • • • Ili'•wrrtass W1 XRZOB, TRAVXIXRS CASUALTY AND SUB>ZTY COMPANY OF AMXEICA, TRAY L S CASUALTY AND SUtIFTY COMPANY and FARMINGTON CASUALTY COMPANY have caused this instrument to be signed by their Senior Vice President and their corporate seals to be hereto affixed this 3rd day of December,2002. STAIR OF COMECT C TT TRAVV CASUALTY AND SURETY COMPANY OF AMZRICA MAYFLIES CASUALTY AND SURETY COMPANY )SS.Hartford FARMINGTON CASUALTY COMPANY COUNTY OF HARTFORD • * , de4lefee7P.. - ----- 1 • Wawa 1 lti3 all 7:01AL:01wok / dame W.Thompson . Senior Vide President •On this 3rd day of Deceath ,2002 bemire me personally came GFA• RGX W.THOIdPSON to me known,who,being by me duly € mom,did depose,and say: that hcl he is Sc or.V>tce President o•TRAWLERS CASUALTY AND STIRITY COMPANY OF ANIXRIC4 TRAV TA S C TEAU* AND MISTY COMPANY d.)E4BMINGTON cA .UALT. coMPANY, cptpos„posaa.wed_til and.vAich executed the sbOve histranat t. Abe knos�s the.seals of said. that tie seals aftcod to the Said instrument are such corporate seals;and that hclshe.executed the said instrmnent oin behalf of the cotporatiane by CrithillitY dills/het of ice nuclei.the Standing Resolutions these& • - Vr\.$34 e., ftWatakadk • ;,w.�+� .ti My commission expires June 30,2006 Notary Public .:v,y Marie C.Tetreautt CERTIFICATE I, the undersigned, Aaalsta*t Secretary al TRAVELERS CASUALTY• AND SURYI'Y COMPANY OF AMX8ICA TRAVIILRS CASUALTY AND SURETY COMPANY and FA31.M1NGTON CASUALTY COMPANY,so&bow of the State of Coanectsart, DO HEiREBY CERTIFY.that the foregoing and attached Power of Attorney and Certifi 'if Authority remiss in thU force and has mat been revue and ferlherstoae$that the Standing Resolutions of the Boards of Directors,as set forth is.the Certificate of Authority,are now in fora. ; •404ted.and Sealed at the Hasse Office of the Company,in the City of Hartford,State of Connecticut. Dated this day of 20 . MAT 2 9 NM • n. ��_ 0ftig► afi times `7 7t'`• / 1�n /� a • PARTrCA0. •J 10112 . IL CON. g • ',,,-.* , Kori M.Johanson ). Assistant Secretary, Bond . . . - '• • . •• • . . .• •'..• • • ' • • • . • .• •• •• " •Ctn oontplute Items 1,2,end 3.Also cornØ A lleogalloteigaraileillay, Data.d.Cleilvery 4 it Red Delivery le deekixl. MAIL&MESSENGER SE10E nt yout name and eddreas on tt's reverse _ igmas, I..'that we can return the card to you. • •Ilsch tha card to the bads of the maLlpiede, JUN U b 220:3 no ; on the front it space wrote. Aiaes ciarvery address Mersa torn tern 17 Yea redo Aderessmd ta. • (0,,w YES,enter dills:Items below 0 N: o - ilir4te IF -%17.4 5-Ptncre; bocitieowTs • serrioAl Ao. epo,f /.2.5•17 3_ =Pd" A4611 45vr: ##.16 M CI Registeredexn CI Insured eil 0 Pace4:t Harr't 4. Fierotrittod beerery7(Extre Fp 0Yos 2. Mitts Number Meaty.from serrios Jebel 7000 /670 apt,9 77457ffl 7,Ara P ,I.X111 3811,titerch 2C01 porreMic Aeturt FloNloPt 102916.01-1414124 . • • • • • • • .. • I •. . • . • • • . - • • r ® DATE(MMIDDIYYYY) A�0P CERTIFICATE OF LIABILITY INSURANCE 5/3/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT P Lana Spires, CIC CISR AAI NAME: Whorton Insurance Services PHONE (512)338-1191 FAX (512)338-1196 fA/C.No.ExU: (A/C,Not: 11200 Jollyville Rd. E-MAIL S:LanaS@Whortonins.com INSURERS)AFFORDING COVERAGE NAIC# Austin TX 78759-4813 INsuRERA:Foremost Signature Insurance Co 41513 _ INSURED INSURERB:FOremoSt Insurance Co Grand Rapids 11185 McCreary, Veselka, Bragg & Allen PC, DBA: MVBA dba INSURERC:Texas Mutual Insurance Co 22945 P 0 Box 1269 INSURERD:Travelers Casualty & Surety Co of 31194 (700 Jeffrey Way Ste 100 78665) INSURERE: Round Rock TX 78680 INSURERF: COVERAGES CERTIFICATE NUMBER:17-18 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY EXP LIMITS LTRINSR WVD, POLICY NUMBER (MMIDD/YYYY) IMM/DD/YYYY) X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 DAMAGE TO A CLAIMS-MADE X OCCUR PREMISES(Ea occuED ence) $ 1,000,000 PAS37614857 2/1/2017 2/1/2018 MEDEXP(Anyoneperson) $ 10,000 PERSONAL&ADVINJURY $ 1,000,000 GEIYL AGGREGATE LIMIT APPLIES PER: I GENERAL AGGREGATE $ 2,000,000 X POLICY JE& LOC PRODUCTS-COMP/OP AGG $ 2,000,000 OTHER. Employee Benefits $ 1,000,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT S 1,000,000 (Ea accident) B X ANY AUTO BODILY INJURY(Per person) S ALL OWNED SCHEDULED AUTOS AUTOS 3BS41594723 2/1/2017 2/1/2018 BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE S X HIRED AUTOS X AUTOS (Per accident) Terriorism $ /' X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $ 4,000,000 A EXCESS LIAR CLAIMS-MADE AGGREGATE S 4,000,000 1 DEC X RETENTION 0 PAS37614857 2/1/2017 2/1/2018 $ WORKERS COMPENSATION X PER OTH- AND EMPLOYERS'LIABILITY STATUTE ER ANY PROPRIETOR/PARTNER/EXECUTIVE Yn NIA A C (MandatoryE.L.EACH ACCIDENT $ 1,000,000 OFFICER/MEMBER in NH)EXCLUDED? TSF0001165274 2/1/2017 2/1/2018 E.L.DISEASE-EA EMPLOYEE S 1,000,000 If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT S 1,000,000 D LAWYERS PROFESSIONAL 105520005 10/31/2016 10/31/2017 EACH CLAIM/ALL CLAIMS $ 2,000,000 LIABILITY CLAIMS—MADE i DEDUCTIBLE $ 125,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE For Information Purposes Only THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Jim Whorton/MMIREL ��+ �=- � ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025ITaidni I , ':;3-R?.' Franchise Search Results 1124 11.E.Co1�A r �`"' Pa AS Franchise Tax Account Status As of : 09/02/2021 10:59:05 This page is valid for most business transactions but is not sufficient for filings with the Secretary of State MCCREARY, VESELKA, BRAGG, & ALLEN, P.C. Texas Taxpayer Number 17423054091 Mailing Address 700 JEFFREY WAY STE 100 ROUND ROCK, TX 78665- 2417 0 Right to Transact Business in ACTIVE Texas State of Formation TX Effective SOS Registration Date 06/30/1981 Texas SOS File Number 0090632002 Registered Agent Name HARVEY M ALLEN Registered Office Street Address 700 JEFFREY WAY, STE 100 ROUND ROCK, TX 78664 https://mycpa.cpa.state.tx.us/coa/coaSearchBtn# 111 / _J :1111 b1111fr et X zit cAnx-1-14 4.4 ~ v 0 ro 444-4 0 o - rh o v c w o o v b Cid 0 rien N U cn CNI 0 Q a., � o 0.4 CL) cn fi •4^ CU 0 11;14 411e cit b • !■� 4.4fi l • v.0 qJ bst � o U o .Q o N •Uo oN y, o • h;::::Li I111011 !1� 01 o V , ." •V o a N 4 101 o COIftwaZ < cu O O CZ rr� o rrR LLC) o CD x a) - b 4 N CO L it .44 s 6o O �� o Z ( V CO 0 z +4 m z ° Y CO 0 o Bu .., o .. w' P O f NC _ c � y (/) 0 �- rt 4) o o V v �� o CO N i v a 4. W\\ U Uo 2 --tt a t o s