HomeMy WebLinkAboutAMERICAN CAPITAL INTERPRISES, INC.A-2019-119
INSURANCE NOT ON FILE
WORK MAY NOT PROCEED
CLERK OF COUNCIL
® DATE.AUS 0 6 2019
CONSULTANT AGREEMENT
EXHIBIT 1
0 `. f r'`% A �o )
THIS AGREEMENT, made and entered into this 16"' day of July, 2019, by and
between _American YCapital Enterprises; Inc:, a California corporation (hereinafter
"Consultant"),' and the City of Santa Ana, a charter city and municipal corporation
organized and existing under the Constitution and laws of the State of California
(hereinafter "City").
RECITALS
A. The City desires to retain a consultant having special skill and knowledge in the
field of debt collection.
B. On March 29, 2019, a notice inviting bids was advertised on the City's online
bid management and publication system as Request for Proposals #19-024:
Collection Services. Consultant was the highest ranked proposer.
C. Consultant represents that Consultant is able and willing to provide such services
to the City.
D. In undertaking the performance of this Agreement, Consultant represents that it
is knowledgeable in its field and that any services performed by Consultant
under this Agreement will be performed in compliance with such standards as
may reasonably be expected from a professional consulting firm in the field.
NOW THEREFORE, in consideration of the mutual and respective promises, and
subject to the terms and conditions hereinafter set forth, the parties agree as follows:
1. SCOPE OF SERVICES
A. Consultant shall provide collection services in connection with overdue
accounts receivable billings assigned by City, as set forth in Consultant's Proposal dated
April 9, 2019, on file in the Santa Ana Purchasing Division and incorporated herein by
reference as Exhibit A. Compensation rates shall be as set forth in Consultant's
subsequent Negotiated Fee Proposal dated June, 26, 2019, on file in the Santa Ana
Purchasing Division and incorporated herein by reference as Exhibit B.
In performing said services, Consultant shall:
Make concerted efforts on behalf of the City to collect all past due
accounts assigned to Consultant.
2. Provide services on a contingency basis and retain commission on all
monies collected on assigned accounts, whether paid to City or
Consultant, at the following rates:
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EXHIBIT 1
(a.) For all first placement accounts receivable initially placed
for collection with Consultant beginning July 1, 2019:
i. 17% for accounts placed for standard collection;
ii. 30% for accounts requiring City authorized legal
action;
iii. 12% for accounts that are part of Early Out Programs
placed for collection with Consultant no more than
120 days from billing.
(b.) For all second placement accounts receivable placed for
collection with Consultant beginning July 1, 2019:
i. 30% for accounts placed for standard collection
ii. 30% for accounts requiring City authorized legal action
(c.) For all second letter service ($20.00 per account).
3. Collect any interest accruing from the date of assignment, if allowed by
law.
4. Obtain prior approval from City before initiating any legal action on an
account.
5. Advance all legal costs in connection with approved legal action against
any debtor.
6. Retain from fast monies collected on a legal account, its advanced costs.
7. Remit to City all monies, less commission, by the 201h day of the month
following collection.
S. Provide written or electronic acknowledgment of account received from
City.
9. Mail first notice to debtor within 24 hours of receipt of placement.
10. Provide City with monthly reports summarizing the activity on all
accounts assigned to Consultant, including at a minimum:
(a.) Total dollar value assigned
(b.) Total dollar value collected
(c) Percentage collected on total dollar value assigned
(d) Number of accounts assigned
(e.) Number of accounts on which payments received
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EXHIBIT 'I
(f,) Number of payments received as a percentage of number of
accounts assigned.
11. Allow City to cancel an assigned account at any time for a mistake or an
error in assignment.
12. Allow City to audit an assigned account at any time.
13. Maintain a valid Collection License and bonding as required by the State
of California, Bureau of Collection and Investigative Services.
14. Provide suggestions on methods to improve collection rates on an ongoing
basis.
B. City will:
1. Use reasonable care to assign bonafide accounts receivable claims to
Consultant.
2. Use its best efforts to verify any disputed amount.
3. Warrant that first placement accounts assigned to Consultant have not
been previously assigned to another collection agency and that no other
collection agency has attempted to contact the debtor by letter service or
otherwise in connection with said debt and understands the commission
rates herein are based on this representation. Provided, however, that
where City has contracted with a third party billing agent to bill and
collect a certain category of debt, such third party billing agent's billing
and collections efforts on behalf of City shall not be deemed to constitute
a collection agency placement or assignment.
2. COMPENSATION
Consultant shall retain commission on all monies collected on assigned accounts
as set forth in Section 1, SCOPE OF SERVICES.
3. TERM
This Agreement shall commence on July 1; 2019 and terminate on June 36, 2024,
unless terminated earlier in accordance with Section 12, below.
4. INDEPENDENT CONTRACTOR
Consultant shall, during the entire term of this Agreement, be construed to be an
independent contractor and not an employee of the City. This Agreement is not intended
nor shall it be construed to create an employer -employee relationship, a joint venture
relationship, or to allow the City to exercise discretion or control over the professional
25H-7
EXHIBIT 1
manner in which Consultant performs the services which are the subject matter of this
Agreement; however, the services to be provided by Consultant shall be provided in a
manner consistent with all applicable standards and regulations governing such services.
Consultant shall pay all salaries and wages, employer's social security taxes, unemployment
insurance and similar taxes relating to employees and shall be responsible for all applicable
withholding taxes.
5. INSURANCE
Prior to undertaking performance of work under this Agreement, Consultant shall
maintain and shall require its subcontractors, if any, to obtain and maintain insurance as
described below:
a. Commercial General Liability Insurance, Consultant shall maintain
commercial general liability insurance naming the City, its officers, employees,
agents, volunteers and representatives as additional insured(s) and shall include, but
not be limited to protection against claims arising from bodily and personal injury,
including death resulting therefrom and damage to property, resulting from any act or
occurrence arising out of Consultant's operations in the performance of this
Agreement. The amounts of insurance shall be not less than the following: single limit
coverage applying to bodily and personal injury, including death resulting therefrom,
and property damage, in the total amount of $1,000,000 per occurrence.
b. Worker's Compensation Insurance. In accordance with the provisions of
Section 3300 of the Labor Code, Consultant, if Consultant has any employees, is required
to be insured against liability for worker's compensation or to undertake self-insurance.
Prior to commencing the performance of the work under this Agreement, Consultant
agrees to obtain and maintain any employer's liability insurance with limits not less than
$1,000,000 per accident.
c. Professional Liability (Errors & Omissions) insurance, with a combined single
limit of not Iess than $1,000,000 per claim.
d. The following requirements apply to the insurance to be provided by
Consultant pursuant to this section:
(i) Consultant shall maintain all insurance required above in full force
and effect for the entire period covered by this Agreement.
(ii) Certificates of insurance shall be furnished to the City upon
execution of this Agreement and shall be approved in form by the
City Attorney. Consultant shall supply City with fully executed
additional insured endorsement(s) naming City as certificate holder
upon execution of this Agreement,
(iii) Certificates and policies shall state that the policies shall not be
cancelled or reduced in coverage or changed in any other material
respect without thirty (30) days prior written notice to the City.
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EXHIBIT 1
(iv) Due to the nature of services provided, Automobile Liability
insurance is not required.
e. If Consultant fails or refuses to produce or maintain the insurance required by
this section or fails or refuses to furnish the City with required proof that insurance has
been procured and is in force and paid for, the City shall have the right, at the City's
election, to forthwith terminate this Agreement. Such termination shall not affect
Consultant's right to be paid for its time and materials expended prior to notification of
termination. Consultant waives the right to receive compensation and agrees to
indemnify the City for any work performed prior to approval of insurance by the City.
6. INDEMNIFICATION
Consultant agrees to and shall indemnify and hold harmless the City, its officers,
agents, employees, consultants, special counsel, and representatives from liability for
personal injury, damages, just compensation, restitution, judicial or equitable relief
arising out of claims for personal injury, including health, and claims for property
damage, which may arise from the direct or indirect operations of the Consultant or its
contractors, subcontractors, agents, employees, or other persons acting on their behalf
which relates to the services described in Section 1 of this Agreement.
7. CONFIDENTIALITY
If Consultant receives from the City information which due to the nature of such
information is reasonably understood to be confidential and/or proprietary, Consultant
agrees that it shall not use or disclose such information except in the performance of this
Agreement, and further agrees to exercise the same degree of care it uses to protect its
own information of like importance, but in no event less than reasonable care.
"Confidential Information" shall include all nonpublic information, Confidential
information includes not only written information, but also information transferred orally,
visually, electronically, or by other means. Confidential information disclosed to either
party by any subsidiary and/or agent of the other party is covered by this Agreement.
The foregoing obligations of non-use and nondisclosure shall not apply to any
information that (a) has been disclosed in publicly available sources; (b) is, through no
fault of the Consultant disclosed in a publicly available source; (c) is in rightful
possession of the Consultant without an obligation of confidentiality; (d) is required to be
disclosed by operation of law; or (e) is independently developed by the Consultant
without reference to information disclosed by the City.
8. CONFLICT OF INTEREST CLAUSE
Consultant covenants that it presently has no interests and shall not have interests,
direct or indirect, which would conflict in any manner with performance of services
specified under this Agreement.
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EXHIBIT 1
9. NOTICE
Any notice, tender, demand, delivery, or other communication pursuant to this
Agreement shall be in writing and shall be deemed to be properly given if delivered in
person or mailed by first class or certified mail, postage prepaid, or sent by telefacsimile
or other telegraphic communication in the manner provided in this Section, to the
following persons:
To City: Cleric of the City Council
City of Santa Ana
20 Civic Center Plaza (M-30)
P.O. Box 1988
Santa Ana, CA 92702-1988
telefacsimile (714) 647-6956
With courtesy copies to: Treasury and Customer Services Manager
City of Santa Ana
20 Civic Center Plaza (M-15)
P.O. Box 1964
Santa Ana, CA 92702-1964
telefacsimile (714) 647-5304
and City Attorney
City of Santa Ana
20 Civic Center Plaza (M-29)
P.O. Box 1988
Santa Ana, CA 92702
telefacsimile (714) 647-6515
To Consultant: American Capital Enterprises, Inc.
41870 Kalmia St., Ste. 120
Murrieta, CA 92562
telefacsimile (717) 695-3763
A party may change its address by giving notice in writing to the other party.
Thereafter, any communication shall be addressed and transmitted to the new address. If
sent by mail, communication shall be effective or deemed to have been given three (3)
days after it has been deposited in the United States mail, duly registered or certified,
with postage prepaid, and addressed as set forth above. If sent by telefacsimile,
communication shall be effective or deemed to have been given twenty-four (24) hours
after the time set forth on the transmission report issued by the transmitting facsimile
machine, addressed as set forth above. For purposes of calculating these time frames,
weekends, federal, state, County or City holidays shall be excluded.
25H-10
EXHIBIT 7
10. EXCLUSIVITY AND AMENDMENT
This Agreement represents the complete and exclusive statement between the City
and Consultant, and supersedes any and all other agreements, oral or written, between the
parties. In the event of a conflict between the terms of this Agreement and any
attachments hereto, the terms of this Agreement shall prevail. This Agreement may not
be modified except by written instrument signed by the City and by an authorized
representative of Consultant. The parties agree that any terms or conditions of any
purchase order or other instrument that are inconsistent with, or in addition to, the terms
and conditions hereof, shall not bind or obligate Consultant nor the City. Each party to
this Agreement acknowledges that no representations, inducements, promises or
agreements, orally or otherwise, have been made by any party, or anyone acting on behalf
of any party, which are not embodied herein.
11. ASSIGNMENT
Inasmuch as this Agreement is intended to secure the specialized services of
Consultant, Consultant may not assign, transfer, delegate, or subcontract any interest
herein without the prior written consent of the City and any such assignment, transfer,
delegation or subcontract without the City's prior written consent shall be considered null
and void. Nothing in this Agreement shall be construed to limit the City's ability to have
any of the services which are the subject to this Agreement performed by City personnel
or by other consultants retained by City.
12. TERMINATION
This Agreement may be terminated by either party upon ninety (90) days written
notice of termination. Upon termination, the Executive Director of Finance and
Management Services may require Consultant to deliver to the City all work product
completed as of such date, and in such case such work product shall be the property of the
City unless prohibited by law, and Consultant consents to the City's use thereof for such
purposes as the City deems appropriate.
13. DISCRIMINATION
Consultant shall not discriminate because of race, color, creed, religion, sex,
marital status, sexual orientation, age, national origin, ancestry, or disability, as defined
and prohibited by applicable law, in the recruitment, selection, training, utilization,
promotion, termination or other employment related activities. Consultant affirms that it
is an equal opportunity employer and shall comply with all applicable federal, state and
local laws and regulations.
14. JURISDICTION - VENUE
This Agreement and all questions relating to its validity, interpretation,
performance, and enforcement shall be governed and construed in accordance with the
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EXHIBIT 1
laws of the State of California. This Agreement has been executed and delivered in the
State of California and the validity, interpretation, performance, and enforcement of any
of the clauses of this Agreement shall be determined and governed by the laws of the
State of California. Both parties farther agree that Orange County, California, shall be
the venue for any action or proceeding that may be brought or arise out of, in connection
with or by reason of this Agreement.
15. PROFESSIONAL LICENSES
Consultant shall, throughout the term of this Agreement, maintain all necessary
licenses, permits, approvals, waivers, and exemptions necessary for the provision of the
services hereunder and required by the laws and regulations of the United States, the
State of California, the City of Santa Ana and all other governmental agencies.
Consultant shall notify the City immediately and in writing of her inability to obtain or
maintain such permits, licenses, approvals, waivers, and exemptions. Said inability shall
be cause for termination of this Agreement.
16. NIISCELLANEOUS PROVISIONS
a. Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this
Agreement, and shall indemnify City fully, including reasonable costs and attorney's fees,
for any injuries or damages to City in the event that such authority or power is not, in fact,
held by the signatory or is withdrawn.
b. All Exhibits referenced herein and attached hereto shall be incorporated as if
fully set forth in the body of this Agreement.
c. Accounts receivable for traffic or parking citations shall not be assigned by City
to Consultant under the terms of this Agreement. Accounts receivable for alarm permits or
false alarm charges may be no longer be assignable by City to Consultant effective January
1, 2020.
d. In the event the provisions or the construction of terms of any Exhibit to this
Agreement conflict with the provisions or construction of terms of these Recitals, then
the provisions or construction of terms of these Recitals shall prevail.
{Signatures on following page}
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IN WITNESS WHEREOF, the parties hereto have executed this Agreement the date and
year first above written.
G
cat./�IL O
/0 CLERK DAISY •
OF
APPROVED AS TO FORM:
SONIA R. CARVALHO
City Attorney
By:d ZG—
LISA STORCK
Assistant City Attorney
RECOMMENDED FOR APPROVAL
Kathryn Down , Executive Director
Finance & Management Services Agency
CITY OF SANTA ANA:
KRISTINE RIDGE
City Manager
CONSULTANT
Ronald G. Matheson
President/Chief-Executive Officer
American Capital Enterprises, Inc.
Tax ID
FEIN #95-3840461
l
n�ou a9°0 _ v lop �f y(%SPITq�RGN�Y
mairl 611rance
Letter Service ✓ Early Out f Bad Debt Recovery / Cleanout Projects
Portfolio Purchases
Debt Recovery Partners
Forming Strategic Alliances
with Creditors Since 1976
American Capital Enterprises, Inc. is a financial services partner specializing in California
debt collection. For more than three decades we have provided technologically advanced
collection services for all phases of receivables management.
American Capital Partner Benefits:
• Strategic Options to Increase Cashflow
A full service Agency, we provide traditional collection solutions as well as custom recovery programs, Our
collection specialists ensure that you mainlain your competitive edge by returning cush to the bottom tine.
• Technological Advances for Enhanced. Recoveries
Slate -of -tie -art technology keeps Aruerican Capitol on the cutting. edge. Our commitment to the latest technology
guarantees exceptional outcomes.
• Understanding Your Special Business Needs
Thirty years of cogsulting and debt recovery provide the cornerstone of experience to successfully collect all types
of bad debt. We understand your special needs no matter what business you are in.
• Representation in the Legal Arena
directs litigation counsel should your account require court action.
Why You Should Partner With
American Capital:
• Quality Services at Minimal Cost
Ameriean Capital's team of professionols and legal affiliations ensure a quality client partnership. The volume of
business received allowsour rates to be most competitive.
• Exceptional Customer Care
We takegreat pride in providing unsurpassed client care.. Our customer care team is committed to providing
unequalled support and individual attention.
• Community Oriented
A community attitude for area clients encourages dialogue between your debtors and our collectors. for all
partners, we strike the perfect balance between aggressive collections and maintaining goodwill.
• American Capital's Track Record
American Capital has a long term record of collection success. While others promise results, American Capitol is
a known producer of receivables income who provides superior serviceat a. fair price.
VERY
I
COVER LETTER & COMPANY
INFORMATION
2
REFERENCES
3
QUALIFICATIONS OF STAFF
4
METHODOLOGY
5
SAMPLE REPORTS
5
SAMPLE LETTERS
REQUIRED RFP STATEMENTS
FEES
eoos�a 'I
u
i
25H-16
I
25H-17
lENl 4mpccanCapital
3A TPR(SES, INC.
41970 K.WO 31. 6ro 120, AUrte -, CA 92562
TN, 951.695,3372 / Poe, 751.6953763
April 9, 2019
City of Santa Ana
Purchasing Division - Room 429
20 Civic Center Plaza
Santa Ana, CA 92701
RE: Collection Proposal RFP #19-024
Dear Panel:
Thank you for allowing us to present American's bid to continue our
coOection partnership American has been on *the City of Santa Ana's
financial team for nearly 25 years
According to the RFP, the City desires a "qualified Agency who can
demonstrate competency and experience". After 2 %a decades with the
City, we're extremely qualified.
American meets and exceeds all of the RFP criteria in the following ways,
EXPERIENCED AND EFFECTIVE
Tnceptinn to date, American has worked over 130,000 ^'tv
accounts aeneratina 35 000 payments
• We've worked your City accounts for 25 years
• American's effectiveness is reflected in our recovery of nearly
date. —
• Not only has American been a consistentreceivables
producer for the City long term, but has evolved with you in
new areas of Code Enforcement Citations.
For example, lead by.our in-house co and in
coordination with Alvaro Nunez, American is pleased to report
recoveries on the Mariivana Dispensary Citations of
135OOOon $466,000 in placements. Still in the early stages
of liquidation, American is proud of its record on these very
difficult and challenging accounts.
1
25H-18
MINIMIZING CITY COSTS
We work indenendent/vwithout needlessly requiring City
time.
consumer complaints are non- existent
We contact you on disputes only when necessary.
Our modern technology provides cost cutting options on data
transfers and collectlons.
Our new 19% commission rate offered cuts costs with no
less service or Performance.
City collection costs are further reduced by our excellent "net
back"recovery results.
MAXIMIZING THE USE OF TECHNOLOGY
• American's collection technology is second to none. Attached
are the qualifications of bur recently ungraded nedvdia/er
and collection software vendors.
• The state of the art auto -dialer allows us to customize
programs and leave thousands of.automated messages.
Consumers can Pav on-line 24/7for convenience.
We accept account assignments by ail electronic media
types.
• Client reports can be emailed and monthly Remittances sent
electronically.
PROVIDING EXCELLENT CLIENT AND CUSTOMER SERVICE
• We distinguish ourselves by fast and courte-ouscustomer
service.
• We already have A working relationship with City
employees, Mirella Vargas, Nancy Robles, Alvaro Nunez, Alex
Gutierrez, and Thab Vu.
• We commit to the "Col/ectorPledge"for City residents that
Collectors help consumers understand their debt options while
being Professional and ethical.
25H-19
PERFORMS THOROUGH AND COMPLETE COLLECTIONS
• American recoveries speak for themselves; LSMduring our
business relationship.
• All client accounts receive maximum coverage regardless
ofbalancesize. Immediate auto dialer treatment and the first
letter is sent within 24 hours.
• American has a licensed in-house attornevwith 42 years of
credit experience working your large business balances.
The information that follows should address all other RFP specifics.
As requested, let this letter confirm that I have read, understand, and will
comply with, the terms and conditions of the RFP and I am authorized to sign
on behalf of the corporation.
We look forward to talking with you in the near future. In the interim, if you
have any questions, please call.
Sin
Ronald G. Matheson
President/CEO
25H-20
AmericanCapital
da ENTERPRISES, INC.
41870 K.hh. U 61a 130, 64 e., CA 92562
Te4951.695.337T / Pox: 951.6MV63
III ;. i ►
w
American Capital Enterprises, Inc. is a 25 year Temecula valley collection
agency founded in 1983. Its client mix is roughly 2/3 Medical and'1/3
Municipal, Retail, Commercial, Banking and Utilities. Aside from the City,
we have included as references numerous municipal agency clients.
The management team brings together a strong mix of legal, healthcare,
municipal, and finance experience. Ronald G. Matheson has been a
creditor's attorney for 42 years and prior to acquiring American Capital,
worked for two major financial institutions. During that time, he specialized
in debtor/creditor rights and bankruptcy. He'has over 40 years of collection
agency management experience since acquiring the Agency.
Gail P. Skeldon, Vice President, has had extensive experience in medical
billing, collections and finance. Her 33 years experience in the medical
billing and healthcare expertise has been at the forefront of -American
Capital's outsourcing services to the ambulance and healthcare community.
Elizabeth Luna, Operations Manager, joined American Capital's team 16
years ago and has been trained in all facets of collections, customer service
and the latest collections technology. Her accounting:background has
enhanced the supervision of the payment posting, and clerical staff, and
'record retention.
WE INVITE YOU TO VISIT WWW.AMCAPINC.COM
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25H-23
Aii�America< pital
ENTERPRISES, INC.
41870 X kdv St. St. 120, htMkta, CA 92562
T&951.69S.3372 / F.951.695.3763
MUNICIPAL AGENCY REFERENCES
City of Santa Ana 1995 to Current
Will Holt, wholt0santa-ana.org (714) 647-5335
Treasury & Customer Service Manger
Nancy Robles, nrobles(alsanta-ana.org (714) 647-5435
Revenue Manager
20 Civic Center Plaza (M-17)
Santa Ana, CA 92702
• City of Carlsbad 2002 to Current
Julie Lopez, julie.lopez carlsbadca.gov (760) 602-2403
Revenue Manager
1635 Faraday Avenue
Carlsbad, CA 92008
City of Colton
Nicole Mihld, nmihld@coltonca.gov
Revenue Manager
650 N La Cadena
Colton, CA 92324
1988 to Current
(909) 370-5122
25H-24
ArnericanCapital
ak ENTERPRISES, INC.
41870i d• *5t. Ste 170, f.4 Wl ,C 93562
T6 751.695.3372 / Pow 951.695.3763
REFERENCE LIST
THE CLIENTS LISTED BELOW CURRENTLY ASSIGN ONE OR MORE OF THE
FOLLOWING:
• Utilities .(water, refuse, etc.),
• Administrative Citations,
• False Alarms,
• Alarm Permit Renewals,
• NSF's,
Dog License/Animal Control,
Business Licenses,
• Ambulance/Paramedic,
• School District Childcare,
DUI recovery,
• Jail Booking Fees,
Damage to' City Property
CITY OF SANTA ANA.......................................... 25 years
I
CITY OF CARLSBAD........................................... 17 years
CITY OF COLTON.............................................. 37 Years
CITY OF MURRIETA........................................... 23 years
I
CITY OF TEMECULA........................................... 22 years
CITY OF CLAYTON............................................... 4 years
25H-25
CITY OF BARSTOW............................................
12 years
CITY OF LA HABRA............................................
22 years
CITY OF LA HABRA HEIGHTS ............................
21 years
CITY OF S. PASADENA.......................................
23 years
CITY OF LAKE ELSINORE...................................
15 years
CITY OF SAN MARINO........................................
17 years
CITY OF SAN RAMON.........................................
18 years
CITY OF ADELANTO..............................................
7 years
EAST ORANGE COUNTY WATER DISTRICT
........ 9 years
SERRANO WATER DISTRICT .................................
7 years
ORINDA/MORAGA FIRE DISTRICT ..................-
16 years
SAN RAMON VALLEY FIRE PROTECTION ...........
18 years
CITY OF CANYON LAKE ......................................
11 years
CITY OF MENIFEE..............................................:
11 years
CITY OF WILDOMAR...........................................
11 years
COAST LIFE SUPPORT DISTRICT ..........................
4 years
8
25H-26
' They svo, : Wrh us on
.l cprlstanl' basis w
ftrtlp us respfveany
ksua tint may arise
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took la word'to
continuing this
mlatfnnrhlp for many
ydamto tame.^
Pk* P,
PrAala Administrator'
'America, Capital
provides rrlfabk,
Prompt answers to
bn y noarls ar
quostlons that ere
mayhave and have
ahraysproviond
bm odlatesolutions
to our problems.'
Rory C.
Ofrice Planoger
"71�setecfron
rnmmittee. mvlolyed
.lad dlSwiSed all
Submlttedpmposalr
and'American Capital
has'baort.ldcndf ud as'
onerofrherop-rated
firms:"
Nytxy,A.
CFO
Amerkan Cop'ltall,aF
proilldod calfortion
services for
gppr64marelyG$een
yo&m,ThoYrst4h1hos
back mnslstontfy
courteous and helpful
to our'.srofGr
Julie A
Dfmoctfa/pbtiont
Ac aunts
'y Atnaricon Cophar'
Enrorprfsor has• dooa
art durstalwip j, job pr
cnl/ad:on. Ihc.y hove
been able to 5yotk,
n•Onders on sonm
very olda_^rnunm
Tom F.
Controller
"Ivc tavd boien; usLtg
Amor*ov C iplral
Enierpr;oq$ ascur
oxchrsivo co'irootlon
agemyand:ryaare
very happy Ivit_.ir iho
Okmpti0nalsGvko
lye recervo op a
consmteot•basls�
Dana P.
EI.Sl"ess office
Alanaw
o
"I antdrriting n
_ Avhan wa got phon
cahryfdm customer,
Inhalf ofmycoml? .
Ira nover haarSny
la erpmssmy
raflteciZarajob troll
dcrbgaiory mmada
dono..Thoufstomer
about how they iron
rervkaandca7lectlon
treated by file'
whlucdon dgoncy.l
Imductivity you have
pmvl¢odhas bode
hghly mcnmMend
umgrican Qvirai
Amorkarr, G7piral70
my business'-grutting
h superb collodion
agoacy: lhaoRVoll
ggain Ior ygur extra
effort."
Jack Q.
Operolfan Alanagor
Doi We sl.
56000$s Systoles
Dirertne
J ospe dariy'
opprccj4tc the
.personalized attention
you havo givan us.,`
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'C EtTTElrica3ES, INC
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y E N T E R P R l 5 E 5, I N C.
41070 r Wa &. St. 120, Awde., CIA 92562
Te6951.695.3372 / Fm 951.695.3763
QUALIFICATIONS OF STAFF
THE IDENTITY AND EXPERIENCE LEVEL OF EACH COLLECTOR
WORKING THE CITY'S ACCOUNTS IS SHOWN BELOW.
• Ronald G. Matheson, Attorney
All Municipal Business Accounts,
Administrative Citations ........................................ 40 years with American
• Paul Ortiz (fluent Spanish)
All Municipal Account types .................................... 26 years with American
• Patricia Bland
All Municipal Account types ..........................
• Elizabeth Luna, Operations Manager
All Municipal Account types .............................
E
15 years with American
.. 16 years with American
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25H-29
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Capital
Ii ENTERPRISES, INC.
41020 K-W. U Ste 120,11 miem, CA92562
Te4951.695A322 / Fox: 951.695.3763
ASSOCIATIONS
We currently belong to American Collectors Association, California
Association of Collectors, California Ambulance Association, ACA
Healthcare Services Program, ACA Member Attorney Program and the
Better Business Bureau,
WE HAVE AN A+ RATING WITH THE BBB.
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Lc ENS ER PR Is ES, INC.
41970 Kahn a U 5f m 120, hfwde c, CA 72562
Tc4951A95=2 / Feu 951495.3763
METHODOLOGY
COLLECTION PHILOSOPHY AND METHODOLOGY
AMERICAN HELPS CLIENTS REALIZE THEIR ACCOUNTS
RECEIVABLE OBJECTIVES, WITH OUTSTANDING
COLLECTION PERFORMANCEAND EXEMPLARY
SERVICE, WHILE MAINTAINING THEIR GOODWILL IN
THE COMMUNITY
TECHNOLOGY
We have intentionally opted to implement a hosted collection
software environment, auto dialer, and mail vendor. Their
qualifications are reflected in the material that follow.
Rather then expending time and resources on IT, this allows
us to focus on debt collection.
BRIEF SUMMARY OF BASIC PROCEDURES
Attached is a general comprehensive flow chart of how accounts
are handled.
After data entry (hard copy or electronically), the first notice is sent
within 24 hours. All accounts are scrubbed for cell phones and called
by our automated dialer. This provides maximum coverage to obtain
a positive debtor response.. Certain accounts are credit scored.
12
25H-32
• After the first notice, a full compliment of notices are sent.
Copies of our letters are included.in this RFP.
• Accounts are referred to a collector if no response from the
automated dialer, or no payment, or if skip work needed.
• Eligible accounts are reported to Experian 60 days after the first
notice.
• Skiptracing through an automated download to Accurint is
utilized as needed.
• American utilizes a number of skiptracing tools including
integrated collection software, internet based, and manual
efforts.
Commercial accounts and balances over $1,000 are personally
worked by our in-house attorney to generate results.
Our current options are:
• Experian Credit Reports
• Accurint
• Surelock (collection system based)
• Google
• 411 Reverse Directory
• Whitepages.com
INTERNET SOURCES AND INTERNAL DATA BASES ALLOW
US TO SEARCH:
PUBLIC FILING AND INFORMATION:
Property Tax
Uniform Commercial Claims (UCC) filings
Secure Loans/Debts
Fictitious Business (DBA's)
California Corporation/Limited Partnerships
Board of Equalizations
Department of Consumer Affairs
Contractors License
California Civil Index fillings
13
25H-33
ADDRESS AND TELEPHONE INFORMATION PROVIDING:
Exact address matches and nearbys
Exact name matches
Similar names with zip codes areas
Phone number matches (both Home and Business)
14
25H-34
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Leverage the worlds most sophisticated
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Top 10 Reasons
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In A Hosted Phone Solution
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Big Data Competitive Intelligence
25H-37
Introducing TCN's SpeechAnalytics
Historically, engagement anaiytics has been expensive and resource intensive, but TCN
SpeechAnalytics makes it accessible by offering rich search and discovery tools along with
full text transcription and PCI redaction of 100% of your calls via an affordable, risk -free
monthly subscription. With the insights TCN SpeechAnalytics reveals in your customer
conversations, you can finally answer questions such as Are my customers happy?." "Do
we have compliance risk?", "How are my agents performing?" or "Are calls being handled
efficiently?"
Are my customers happy?
How are my agents performing?'
TCN SpeechAnalytics at a Glance
SpeechAnalytics offers powerful search and'discovery tools combined with automated call
transcription and reduction. Deep business insights are hidden inside every customer interac-
tion. TCN's SpeechAnalytics can help to reveal them.
Advantages
• Full text transcripts for every call
• Simple upgrade to enterprise -level engagement analytics
• Tum-key integrations with common, cloud -based call recorders
• Dedicated online community for learning and sharing
Reduced legal risk and better compliance via automated PCI-redaction
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Easy and Effective
Search and Discovery
SpeechAnalytic's highly flexible search
engine makes it easy to find and
retrieve calls through free -form
combinations of keywords, phrases,
acoustic measures, and call mandate
such as agent or disposition.
Features
• Advanced Search & Filtering
• Enterprise -grade Speech Recognition
• Enterprise grade Speech Transcription
• Contextual Call Playback
• Tagging & Commenting
• Transcript Visualization
• Full PCI Redaction
• CRM Integrations
• Dedicated Online Community
www.tcnp3.com
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• Search for desired and undesired behavior
• Tag calls for future recall and review
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• Incident Analysis- PR issues, promo mentions
• Dissatisfaction and escalation analysis
• Product and service feedback
• Find and analyze calls with risky language
• Find tails lacking required language
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Your Success.
Is Our Success
Over 45 years ofinnovation and cornmitment
to,.a.ur clients' success.
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Our Services Include
Collection Software
oAl of the tlexitiility and scaMilityyou
need to maximize productivity in a
single source solution.
Web Portal
Leverage the power of the Internet
settle
Industry Integrations
� Redefine your collection efficiencies
-
by implementing our numerous
industry -leading integrations.
Find out how CollectOne can help
you better manage your accounts..
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Application Sets
+ Consumer Debt
+ Legal Colleefons
+ Debt Buyer$
+ Commercial Debt
+ Government
First Party
+ Insurance Subrogation + Property Management
Setup a demo today!.
Il
About CDS Software
The proven leader in collection software solutions, tD3 Software has been an.
innovator in the acb6airits receivable management (ARM) lndustry since 1970"
when it developed the industry's first collectfoni -software solution,. We,
revolutionized the way collection accounts, were, mariag.e.d. OUT action cQde
driven, technology has become an industry -standard, and has driven the
architecture, for many cat'npetitNe software products
We continue to mebjtdin a,b . igh level of commitment to proactive research and
development With each new generation of software We introduce., We
revolutionized paymentprocessing When we released( an fndqstry4frst real-
-time., payment procersfng engine: Anothermajor advancement, Garue When. We,
developed and released the Collect'O'noWeb, Portal, an industry filirst reaktirrie
Web portal, giving s,ecuror access to acc.a6ii,ts, via aweb browser..
Our Qlients range from start-up collection age'ricies: to Portune 500 tompatiles,
many of which: have, been clieuts, since CDS Software was founded and most
havo,been clients for upwards gf2pyears. our clients span across the glo be,
collecting on debt ranging fromlbw=.J%larlce. credit card paper, government
g,
and.health,care specific paper, to. hig)).-balance cobirnerciai paper.
focused on development of technoj6,gT'es that will serve as industry standard,
processes. Wemaintain. an. open, and creative environment, foster initiatives,_
'Value cultural diversity and nourish I �ri h individual growth and, s Is professional
development.
Wetake great pride in the.responsIbAity that our clients have entrusted in us
and feel it Is our responsibility to enrich those relationships through continued
product development and professional, unmatched okent service. We, view our
client relationshipsas partnerships- and understand the importance that this
partnership plays in the success of their business..
PORectOne,
Features
Management Driven Work Queues
Management driven work queues provide you
the power to establish and prioritize multiple
queues for each collector. Once established,
work queues can be easily updated based on
collection productivity.
Workflow Automation
Establish business rules that incorporate ,
industry standard bestpractices and ensure
accounts are worked appropriately via workflow
strategies that align with your collection goals.
Client specific business rules can be established
based on contractual requirements and account
distribution can be fully automated based on
established business rules.
Performance Tracking
Assign productviy goals to your organization's
management team and collectors via
CollectOne's performance tracking tools. Top
down goals can be assigned and real-time
performance statistics can be assessed at both
the collector and management levels to improve
productivity and accountability.
Account Scoring
CollectOne includes a rules based point system
that establishes collection probabilities to help,
You determine the most applicable treatment and
prioritize resources to maximize dollars
collected. CollectOne also provides you with the
power to broaden your account scoring
processes via interfaces with industry leading
third -parry scoring technologies.
Predictive Dialing
Leveraging a dialing solution is one of the
most cost effective ways to increase
productivity.
As part of the CollectOne software vendor
partnership program, the optional, integrated
TCN Dialer provides you with the power to
maximize efficiency.
If your organization already has
deployed a third party dialing solution,
no problem; CollectOne provides you
with the flexibility to integrate your
existing dialing solution and seamlessly
manage real-time results with any of our
industry's leading third patty, predictive and
hosted dialing solutions.
Skip Tracing
Levera9e best in class skip tracing tools from
our industry's leading skip tracing providers
and increase productivity withseal-time
phone number and address searches.
CollectOne also includes fully integrated
credit report retrieval that provides you with
the power to request credit reports and attach
the credit reports to the debtor's account.
Letter Outsourcing
CollectOne includes a comprehensive mail
management system that provides you with
fully automated mail processing functionality
including print and mail outsourcing, returned
mail processing and automated National
Change of Address (NCOA) updates.
A CDS Software solution I Collectone,com 0I1ctOne
a product of Cos sofmare
25H-44
Legal Collections System
CollectOne includes an award winning legal
system. The single source solution automates
posting your legal workflow to the debtor's
account. The judgment lifecycle is fully
automated within the legal system, providing
everything from pre -judgment cost analysis to
post judgment figures, garnishment dates,
automated calendaring and the ability to
simplistically merge judgment data to your legal
forms.
Customizable Reporting
CollectOne includes a comprehensive bundle of
management reports that provide you with the
real-time data needed to develop strategy and
monitor overall performance. ODBC (Open
Database Connectivity) architecture gives you
the power to customize reports and fully
automate the creation and delivery of your
reporting via best in class technology.
Web Portal
T he CollectOne Web Portal offers your
organization a web based solution to securely
collect debt via check or credit card 24 hours a
day. The CollectOne Web Portal seamlessly
passes payments for processing to your
CollectOne software and authorized payments
are posted directly to the consumer's account.
The CollectOne Web Portal can be customized
to represent your corporate brand and is a great
way to maximize the profitability of low balance
accounts, early -out programs and pre -charge off
accounts.
A CDS Software Solution j CollectOne.com
Web -based Consumer Payments
CollectOne provides your organization with
the power to process check and credit card
transactions in real time. Payments can be
processed via CollectOne during the
collection call, providing the collector with a
real-time approval or decline.
User Defined Windows
User defined windows provide your
organization with the flexibility to create
windows based on specific workflows
and debt categories. Text, date and
monetary figures can all be customized
within each window and.security
settings can be erriployed to mask
sensitive. an
data.
Credit Reporting
Colfectone includes Metro 2 formatted credit
reporting that gives your organization the
power to generate. industry standard data files
that can be submitted directly to the credit
bureaus.
Accounting
CollectOne provides a flexible accounting
system. Accounting workflow can be fully
automated based on management defined
processes and client specific accounting rules
can be established based on contractual
requirements. CollectOne includes interfaces
with industry -leading accounting software,
giving your organization the power to
seamlessly integrate your financial data.
a product of COS Software
25H-45
SuppQM Updates & More
Client Care Services
CDS Software takes great pride in providing
unmatched client care. Our highly trained Client
Care Team is comprised of industry experienced
specialists that provide implementation services,
onsite and online training, technical support and
professional services. Our Client Care Team is
committed to working together with our clients to
maximize their CollectOne solutions.
Our highly qualified Client Care Team is here to
ensure your success. Our Technical Support
Team works closely with our clients to provide
everything from generaf support, to preveritative
care and system maintenance.
Professional Services
Our highly qualified Professional Services Team
can work directly with you to gather
specifications and develop requirements for
custom programming including software
customization, interfaces, EDI, new business
imports and customized report writing.
Implementation services
Proper deployment and configuration of your
CollectOne software is managed by our Client
Care Team. A Training Specialist will work
directly with your organization to ensure that
your software -is properly deployed, configure the
application to meet your specific requirements
and provide your staff with training.
A CDS Software solution I ColtectOne.com
Product Updates
Ensure that your organization maintains its
competitive edge by receiving product
updates for your Collectone solutions at no
additional charge.
Ongoing Training
Maximize the potential of your CollectOne
solutions via ongoing training sessions that
are available both onsite and online. Our
ongoing training sessions can be customized
to an agenda you provide and are a great
way to train new personnel and maintain a
standardized level of knowledge.
CollectOne User Conference & Training
Join our user community for the annual
CallectOne User Conference & Training. The
conference' includes extensive training
sessions ranging from intermediate to
advahced level topics, enhancement groups
and an expo that features our industry's top
vendors,
a product of CBS Sohwam
25H-46
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ii ENTERPRISES, INC.
A 7070Ka6Ma SI. Sm 120,h4m -, CA 92562
Tel, 951.695.3372 / Nm 951495.3763
SAMPLE BASIC REPORTS
FOLLOWING THIS PAGE ARE OUR BASIC REPORTS.
CREDITOR MASTER
A listing of accounts, reflects the complete status of each
account assigned.
ACTUARIAL REPORTS
Reflects assigned accounts by month and the dollars
collected, canceled, and the recovery percentage on those
monthly assignments. Also broken down are the number of
accounts, average balance and commission expense. Totals
can be done by year, several years, or inception to date.
• REMITTANCE STATEMENTS
Our monthly reporting of monies collected.
15
25H-49
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25H-53
REMITTANCE STATEMENT
AMERICAN CAPITAL ENT., INC.
41870 KALMIA 54EEYa SUITE 120
MURhiETA CA 92562
(951) 695-3372
1 Invoice # 002556
02/28/19
7965
No. 51
CHI800
NYECYY
Date Name / Ro'No.
02128 NAMES OMITTED FORSECURITY
6248e8-9
02/28
1320720-1
02/28
128792-12
62/28
1284164-1
02/28
331646-6
02/28
331646-6
02/28
967736-7
02/28
591298-1
e2/28
591298-1
02/28
1388353-1
02/28
1388353-2
02/28
1388353-2
02/28
1388353-4
02/28
1388353-4
02/28
1383936-1
02/28
1165884-25
02/28
406930-48
COLLECTIONS
Our File
Net Amt
Pd You Pd U5
Comm Number
Due
25.00
4.75 64313416
4.75
119.81
.22.76 0P6.5797
22.76
51.03
9.70 04066968
41.33-
56.76
9.64 63644715
41.12-
25:08
4.77 03563458
4.77
21, 10
4.61 03584688
4.01
7.81
'2.48 04313786
.1.48
2.04
.39 04024033
.39
25.00
4.75'04025719
4.79
228.07
43.33 04244464
43.33
227.50
43.23 e4054676
43.23
7.48
1.42 04245667
1.42
3.65
:69 04244475
.69
25.52
4.85 04292074
4.85
220.00
41.80 03904422
41.80
20.00
3:80 04011332
3.80
84.85
16.12 64336297
16.12
i
25H-54
I
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25H-55
AmericanCapital
di ENTER P RISES, INC.
4187010uW. SL S'v 120, Na O., CA 92562
TeL 951.696.3372 / Fen 751.6953763
SAMPLE BASIC LETTERS
FOLLOWING THIS PAGE ARE OUR BASIC COLLECTION LETTERS.
THE TIMING OF EACH IS REFLECTED IN THE PROCEDURES FLOW CHART,
16
25H-56
V'9a ,0.91
1111111111 IIIIIi IIIII IIIIII IIII_ 111111111111111111111111 IN
PO Box 893580
Temecula CA 92589-3580
RETURN SERVICE REQUESTED
May 10. 2018
„1111„mhplll„11P11„llllnll„pylr,
orwomo:aaawesoxuaueo--mwnan
Personal & Confidential h
PAT DOE
111 W HILLCREST AVE
THOUSAND OAKS CA 91360
An� American Capital
ENTERPRISES, INC.
•41870 Kalmia Street, Suite 120
Murrieta, CA 92562-8840
Tel: (951) 695-3372
001
DEM001 ACCOUNT p: 0000001034
REF:.
RSE
Ililuul11111IIInLIII „II„hLhJ,II, Ld IL IW
American Capital Enterprises, Inc,
PO Box 893580
Temecula CA 92589.3580
"' Detach Upper Portion And Return With Payment"'
1-SFAMCP1Ue01-05M7 18
TOTAL AMOUNT.DUE: $7,081.37
CREDITOR PRINCIPAL INTEREST COSTS 'TOTAL
SAMPLE NET CLIENT $7,000.00 $61,37 $20.00 $7,081.37
"""COLLECTION NOTICE`*'.'"
YOU ARE ADVISED THAT THE ABOVE ACCOUNT HAS BEEN ASSIGNED FOR COLLECTION.
UNLESS YOU NOTIFY THIS OFFICE WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE THAT YOU
DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, THIS OFFICE WILL ASSUME THIS.
DEBT IS VALID. IF YOU NOTIFY THIS OFFICE IN WRITING WITHIN 30 DAYS FROM RECEIVING THIS
NOTICE, THIS OFFICE WILL OBTAIN VERIFICATION OF THE DEBT OR OBTAIN A COPY OF A
JUDGMENT AGAINST YOU AND MAIL YOU A COPY OF SUCH JUDGMENT OR VERIFICATION. IF YOU
REQUEST THIS OFFICE IN WRITING WITHIN 30 DAYS AFTER RECEIVING THIS NOTICE, THIS OFFICE
WILL PROVIDE YOU WITH.THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR IF DIFFERENT
TA
AGENCY IF
.M. OR AFTER 9 P.M. THEY MAY NOT HARASS YOU BY U51NG I HRtA 1 S Or VIULCNUt ur% Ammmo i
BY USING OBSCENE LANGUAGE. COLLECTORS MAY NOT USE FALSE OR MISLEADING
%TEMENTS OR'CALL YOU AT WORK IF THEY KNOW OR HAVE REASON TO KNOW THAT YOU MAY
T RECEIVE PERSONAL CALLS AT WORK. FOR THE MOST PART, COLLECTORS MAY NOT TELL
OTHER PERSON, OTHER THAN YOUR ATTORNEY OR SPOUSE, ABOUT YOUR DEBT. COLLECTORS
Y CONTACT ANOTHER PERSON TO CONFIRM YOUR LOCATION OR ENFORCE A JUDGMENT. FOR
RE INFORMATION ABOUT DEBT COLLECTION PRACTICES, YOU MAY CONTACT THE FEDERAL
%DE COMMISSION AT (877) FTC -HELP OR WWW.FTC.GOV. NONPROFIT CREDIT COUNSELING
RVICES MAY BE AVAILABLE IN THE AREA,
HOUSE DESK
YOU MAY ALSO PAYONLINE AT WWW.PAYAMCAP.COM
WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE. .
RETURNED CHECKS MAY BE SUBJECT TO A $25:00 CHARGE.
s THIS IS AN ATTEMPT TO COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM.
W.
25H-57
2
I IIIIIII(II IIIIII IIIII IIIIII IIII IIIII IIIII IIIII IIIII IIII IIII
PO.Box 893580
Temecula CA 92589-3580
RETURN SERVICE REQUESTED
May 10, 2018
.1111, 1,1.11l�ll,l„111,1,111111111411 flu�ll,lupnl„Wild
mpm]WpeOpsmm5.t991ms—M9NI009 E
Personal & Confidential
PAT DOE
111 W HILLCREST AVE
THOUSAND OAKS CA 91360
CREDITOR
SAMPLE NET CLIENT
PAY THIS CLAIM NOW.
AmericanCapital
Bl E NTT E R P R I S E S, INC.
41870 Kalmia Street, Suite 120
Murdeta, CA 92562.8840
Tel: (951) 695-3372
002
DF.MO01 ACCOUNT P 0000001034
REF:
HSE
American Capital Enterprises, Inc.
PO Box 893580
Temecula CA 92589-3580
"' Detach Upper Portion And Return With Payment "-
2-5FAMCPIM0UW07n8
PRINCIPAL INTERESTOTACOS SUNT DUE: TOTAL 7
$7,000.00 $61.37 $20.00 $7,081.37
DEMAND FOR PAYMENT
IF WE DON'T HAVE A POSITIVE RESPONSE FROM YOU, WE MUST PRESUME
THAT YOUR INTENTIONS ARE NOT TO PAY THE ACCOUNT AND WE WILL
HAVE TO PROCEED ACCORDINGLY.
THIS DELINQUENCY MAY BE. RECORDED IN YOUR CREDIT FILE FOR 7 YEARS
FROM THE DATE OF YOUR FIRST DELINQUENCY.
HOUSE DESK
YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM
WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE.
RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE, THIS HAS BEEN SENT TO YOU. BY A DEBT COLLECTION FIRM,
25H-58
nl�Az, AmericanCapital
IIIIIIIIIIIII111111IIIIII1111111111IIIIII1inIn1111IIII It ENTER PRfSES, INC.
PO Box 893580 41870 Kalmla Street, Suite 120
Temecula CA 92589-3580 Murrieta, CA 92562-8840
RETURN SERVICE REQUESTED TO (951) 695.3372
May 10. 2018 003
DEMODI ACCOUNT tt;0000001034
REF:
HSE
Ilnpl„Llhu.,uld�nlulll.I,p„u•111'hdl�Ihu,nIllll
W BO]GON W:4B:95l8'J,]l�iY I6Ni40t ,
Personal &Confidential ILIA,dIIdILLddIL,,,IIIIIIIJ,J,II,„IIdIIL,I,JIII
PAT DOE American Capital Enterprises, Inc.
111 W HILLCRESTAVE PO' Box 893580
THOUSAND OAKS CA 91360 Temecula CA 92589-3580
"' Detach Upper Portion And Return With Payment "'
1SFAMOPIH03-05107110
TOTAL AMOUNT DUE: $7.081.37
CREDITOR PRINCIPAL INTEREST COSTS TOTAL
SAMPLE NET CLIENT $7.000.00 $61.37 $20.CO $7,081.37
WE HAVE RECEIVED YOUR REQUEST FOR VERIFICATION OF THE ABOVE DEBT.
USING INFORMATION PROVIDED BY THE ORIGINAL CREDITOR, WE HAVE
COMPLETED OUR INVESTIGATION AND VERIFIED THE ACCOUNT.
IF YOUR COMMUNICATION INCLUDED A REQUEST TO INVESTIGATE THE ACCURACY OF YOUR
CREDIT REPORT, OUR REVIEW HAS ALSO DETERMINED THE INFORMATION, WE REPORTED
IS ACCURATE.
I I• I
IF YOU HAVE FURTHER QUESTIONS, PLEASE CONTACT OUR OFFICE.
IF YOU DECIDE TO RESOLVE THIS ACCOUNT, YOU MAY ALSO PAY ONLINE AT
W W W.PAYAMCAP.COM
ACCOUNT SUPERVISOR
WE ACCEPT VISA/MASTERCARD/CHECKS BY PHONE
FEDERAL.LAW REQUIRES US TO INFORM YOU THAT THIS IS AN ATTEMPT TO
COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE. THIS COMMUNICATION IS FROM A DEBT COLLECTOR.
25H-59
IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIilllllllllllllllll( A`! AmericanCapital
PO Box 893580 C+ E N T E R P R I'S IE S, I N C.
Temecula CA 92589.3580 41870 Kalmia Street, Suite 120
RETURN SERVICE REQUESTED Murrieta, CA 92562-8840
Tel: (951) 695-3372
May 10, 2018
323
DSW001 ACCOUNT #: 0000001034
REF:
HSE
pinri1Rm1„Ilfll9dlhrlhulflr1g11dur1ulR°I,I,
pA903Nifp036B5�56}'ItAU-ryIWV+il6]B
Personal & Confidential, IIJinJiliLliLddilniJlnliliLJJLId ddLmilLl
PAT DOE American.Capital Enterprises, Inc.
111 W HILLCREST AVE PO Box 893580
THOUSAND OAKS CA 91360 Temecula CA 92589-3580
"• Detach Upper Portion And Return With Payment "'
8-8FAMCP 10-32M5/07/18
TOTAL AMOUNT DUE: $7,081,37
CREDITOR PRINCIPAL INTEREST COSTS TOTAL
SAMPLE NET CLIENT $7,000:00 $61.37 $20.00 $7;081.37
IN REVIEWING OUR RECORDS, WE NOTE THAT THE ABOVE BALANCE REMAINS UNPAID.
ALTHOUGH EACH PERSONS CREDIT SITUATION IS DIFFERENT, THIS DEROGATORY ITEM ON
YOUR EXPERIAN CREDIT PROFILE MAY ADVERSELY AFFECT A FUTURE PURCHASE OR LOAN,
YOU MAY HELP CLEAR UP YOUR CREDIT PROFILE BY USING THE ENCLOSED ENVELOPE FOR
PAYMENT OR CALL NOW TO DISCUSS PAYMENT.
HOUSE DESK
YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM
WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE.
RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE.
THIS IS AN ATTEMPT TO COLLECT DEBT. ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE. THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM.
25H-60
TY10At71Af
I IIIIIIII II IIIIII IIIII IIIIII IIII IIIII1111111111IIII Illl IIII
PO Box 893580
Temecula CA 92589-3580
RETURN SERVICE REQUESTED
May 10, 2018 998
AmericanCapital
ENTERPRISES, INC.
41870 Kalmia Street, Suite.120
Murrleta, CA 92662.8840
Tel: (951) 695-3372
DEMO01 ACCOUNT #: 0000001034
REF:
HSE
u'�111�11"d'`rl'�d�dl�il�lll�r^14�IIIII�IPIIdrlllld�
anemaoxemwexwestwa-mleurw 11
Personal BConfidential IIJ111dJII IdIJJ11111r111111LLJdLrd11L111111111J
PAT DOE American Capital Enterprises, Inc.
111 W HILLCREST AVE PO Box 893580
THOUSAND OAKS CA 91360 Temecula CA 92589-3580
••• Detach Upper Portion And Return With Payment •"
................ ._......_.._..........._...------ --_
11 SFAMCP 10-99841W07118
TOTAL AMOUNT DUE: $7,081.37
CREDITOR PRINCIPAL INTEREST COSTS TOTAL
SAMPLE NET CLIENT $7,000.00 $61.37 $20.00 $7,081.37
THIS LETTER IS TO ACKNOWLEDGE YOUR,PROMISE TO PAY
ON THE REFERENCED ACCOUNT.
ON 06/01118 YOUR PAYMENT OF $50.00
IS EXPECTED TO BE IN OUR OFFICE,
FAILURE TO PAY AS AGREED WILL RESULT IN FURTHER
COLLECTION EFFORTS.
HOUSE DESK
AMERICAN CAPITAL
YOU MAY ALSO PAY ONLINE AT WWW.PAYAMCAP.COM
WE ACCEPT VISA, MASTERCARD AND CHECKS BY PHONE.
RETURNED CHECKS MAY BE SUBJECT TO A $25.00 CHARGE.
THIS IS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED
FOR THAT PURPOSE, THIS HAS BEEN SENT TO YOU BY A DEBT COLLECTION FIRM
25H-61
I
F
25H-62
,% 2 WT E R can EapIiN C .
6b ENTE�RPRIS'E S, INC.
61876 Kdea SL 9a 120, MLW.Ul C492562
Tak951.695.3372 J F=95U95.3763
HISTORICAL COLLECTION PERCENTAGES
American's historical collection percentages for the City are
shown by account type in the chart at the back of this section
which was provided in the last RFP. Shown is 1996 — January 2014
as of that date only. It reflects a 40-50.60% recovery rate on some
categories with an overall recovery rate in excess of 10% on nearly
$40,000,000 in assignments ITD.
We've relied on this chart because we received no placements from
2014 to October of 2017. For the City placements received over
the last 18 months,_please see the extensive reports, submitted
electronically and directly to "Purchasing" at its request. These
stats are for all 40 categories separately on which you resumed
assigning us in October of 2017. Those reports, consisting, of 150
pages, have been omitted here for brevity.
SERVICES THAT DIFFERENTIATE AMERICAN FROM OTHERS
The most important additional collection service is that our attorney
personally works your business accounts. This adds extra value to
your current American contract.
The staff working your type "of accounts, has nearly 100 years of
municipal account experience which is rarely duplicated at other
agencies.
American can provide access to our collection platform on your
accounts.
17
26H-63
Unlike some agencies bidding from distant states from your
residents, American is local to the Southern California area, This
allows the debtor to visit our office for payments and counseling.
COORDINATION REQUIRED BETWEEN CUSTOMER, CITY
AND AGENCY
All the necessary coordination is already in place and working
efficiently.
MINIMUM DOLLAR AMOUNT ACCEPTED
All balance sizes are accepted for collections. With our dialer
technology, small balance accounts get equal treatment.
ACCESS TO AMERICAN'S DATA BASE
American would allow computer access to your collection accounts
with certain security protocols.
MEASURING AND EVALUATING CUSTOMER SERVICE
Internal customer service is evaluated on a daily basis by
supervisors who observe the operation. See below,
RESOLVING COMPLAINTS
Customer service complaints are logged and all supervisor calls are
taken by the Operations Manger. This ensures the customer has
been treated fairly and professionally. She.also handles any BBB
and CFPB complaints which are minimal.
LEGAL COMPLIANCE
Attorney owned and operated, American has a robust compliance
program in sync with all FDCPA, HIPAA,,FCRA, Red Flag and other
regulatory statutes.
In
25H-64
INFORMATION SECURITY
American has information Security Policies and Procedures.
IDENTITY THEFT / RED FLAG RULE5
American has Red Flag Rules, Policies and Procedures.
CONDUCT PROVISIONS AND TRAINING
Collectors are compliance trained on an ongoing basis by the in-
house attorney.
ESTIMATED CONVERSION TIMEFRAME
We are currently on board and no conversion or City expense is
necessary for our continued business relationship
COLLECTED MONIES FORWARDED TO CLIENTS
American sends its check and Remittance Statement the 20a'
of the month following the month of collection.
TIMING AND METHOD OF CLIENT PAYMENT
American operates on a "net remit" basis.
CREDIT REPORTING
Eligible accounts are reported to Experian if unpaid after 60 days.
AUTHORITY TO COLLECT
American is authorized to do business in all states except certain
closed states requiring a licensed office in their state, This impact
Is negligible for CA creditors.
19
25H-65
OFFICE HOURS AND PHONES
We are open 8:00 AM to 5:00 PM Monday through Friday and have
an 800 number. We work Saturdays as needed. Payments can be
made 24/7 on our website.
CONFLICTS OF INTEREST
There are no conflicts of interest In connection with this RFP.
MAINTAINING INFORMATION
All necessary information is maintained electronically on the
computer and through•our vendor with backup stored off -site.
SHORT TIME PLANS TO ENHANCE RECOVERIES
Although American believes it maximizes'recbverles on a daily
basis, it is open to discussing any special City projects or requests.
ADDITIONAL INFO TO AID THE CITY IN THE SELECTION
PROCESS
American respectfully reminds the City that any new Agency would
have a learning curve. Therefore, valuable City time and resources
may need to be expended in addition to unknown collection results
and uncertain pirofessionalism. With respect to rates, a very low
commission rate can actually result in lower net back dollars to you
because unrealistic commission rates prevent an Agency from
doing all that is financially necessary to maximize recoveries.
20
25H-66
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25H-67
i
25H-68
E
25H-69
�11AmerlcanCapital
A ENTERPRISES, IM'G.
41070 Kalrtd. St. Ste 120, kwdWa, CA 92562
Tek 951.695.3372 / F=951A95.3763
FEE PROPOSAL
The collection of bad debt is at the heart of American Capitals' receivable
programs. Whether performing early out functions, purchasing bad debt
portfolios, or special clean but projects, it all begins with the skill,
expertise and technology acquired in the collection of overdue monies.
Our proposed rates follow. These fees are also applicable for the optional
contract extension period.
BAD DEBT PROPOSAL
AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S
BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES:
• First Placement Accounts
• Second Placement Accounts
(If applicable)
•.•..-- .............. Flat 19% Contingency
50% Contingency
• Legals.............................................. ............ 40% Contingency
OTHER PROGRAMS
• Letter Service (2 Letter Service) ........................ $20.00 Per Account
• Early Out Programs ............ ................... 12% Contingency
(No more than 120 days from billing)
• Special Cleanout Projects .... .:............ .............. Quoted Upon Request
21
I
25H-70
AmericanGapital
Ito ENTERPRISES, INC.
418701(ofivaS Sr. 110,6Wrtem,CA97561
Te69$1.695.3373 / F=951.695.3763
COLLECTION SERVICES AT 19% INCLUDE:
• Manual input of all hard copy account information into our
computer system. Assignments by electronic media is always
available by E-mail, FTP, SFfP file transfers.
• Computer matching of any previous City debts with new
consumer and business accounts.
a Acknowledgement of accounts sent promptly.
• First notices in mail to debtors within 24 hours.
• Accounts run through the auto dialer providing maximum
coverage to obtain debtor response.
Account referral to live collection desk (if no response)
Full complement of notices, as needed, and collector telephone
calls to motivate debtors.
• Comprehensive skip tracing services
• Monthly reports as client designates. Custom reports are
available.
• Monthly Remittance of all dollars collected,
22
25H-71
Eligible accounts listed with Experian (via data transfer) to help
effectuate eventual payment up to 7 years from the date of debt.
• Meetings with City upon request to discuss goals and
performance.
• Input from Agency on ways to make City processes and
coordination more efficient and to save costs.
23
25H-72
City of Santa Ana
NON -COLLUSION CERTIFICATION
The undersigned hereby certifies on behalfof A'AEF-ZfiV CAS ML GNI. -QJC. ("Proposer'), and hereby
declares under penalty of perjury under the laws of the State of California, that this Collection Agency Services
Proposal is genuine and not sham or collusive, nor made in the interest of or on behalf of any person not herein
named; the Proposer has not directly or indirectly induced or solicited any other Proposer to put in a sham
proposal nor solicited any other person, firm or corporation to refrain ftom submitting a proposal; the Proposer
has not communicated, directly or indirectly, with any other Proposer regarding the amount, price, and/or service
rates proposed herein; and Proposer has not in any manner sought by collusion to secure for himself/herself/itself
any advantage over any other Proposer. We declare the foregoing is true and correct under penalty of perjury
under the laws of the State of California.
'Signed, thisz471 day of h-P2>rt^ , 2019 in, f"U (State oft C.Vk
IF SOLE OWNER:
Signature of Owner Date
Print Name
IF PARTNERSHIP:
Signature of Partner (General Partner) Date
Print Name
IF CORPO. TIONILLC:
;,�.
y/ V
Signature of President/Managing Member
Date
e4rJAtQ G. MVF-t`KL3dn%
Print Name
UL ��r
6
lzeI2
Signature of'Secretary/Member
Date
31
City ot'Santu Ana
Collection Agency Services
Request For Proposals: s 19-024
March 29, 2019
Page 115
25H-73
We don't work for our clients, we partner with them.
Learn more ui www.amcapinc.com
r—
C
All Claims Worked
Professionally and Ethically
Although we aggressively pursue past due dollars,
all debtors deserve to be treated with dfgntty and respect.
Professional Affiliations
ACA International
ACA Members' Attorney Program.
California Association of Collectors
International Assoc. of Commercial Collectors
www.amcapinc.com
/�i erlcC1I1CCI�Dfpl
dL ENTERPRISES, INC,
41870Xbm.St Si. 190,Mwh ,G92562
Tel 951.696.3377 I F= 751475.3763
NEGOTIATE® FEE PROPOSAL *
EXHIBIT E
The collection of bad debt is at the heart of American Capitals' receivable
programs. Whether performing early out functions, purchasing bad debt
portfolios, or special clean out projects, It all begins with the skill,
expertise and technology acquired In the collection of overdue monies.
Our proposed rates follow. These fees are also applicable for the optional
contract extension period.
BAD DEBT PROPOSAL
AMERICAN CAPITAL PROPOSES TO COLLECT THE CITY OF SANTA ANA'S
BAD DEBT ACCOUNTS AT THE FOLLOWING FLAT RATES;
• First Placement Accounts ....
Second Placement Accounts
(If applicable)
Legais ...
OTHER PROGRAMS
17%
Flat490/a Contingency
30%
................................ �50Of,•Contingency
30%
....... .................... .Q96-Contingency
• Letter Service (2 Letter Service) ........................ $20.00 Per Account
• Early Out Programs ............................................... 12% Contingency
(No more than 120 days from billing)
• Special Cleanout Projects .............. --............. quoted Upon Request
*Contingent upon a 5 year contract
for all assignable bad debt.
21
25H-76