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HomeMy WebLinkAboutBack-Up Documents(iffitiv Of Xiatni ANNIE PEREZ, CPPO Procurement Director Arthur Noriega V City Manager CITY OF MIAMI'S SUPPLEMENTAL AGREEMENT TO CONTRACT NO. 03122020-0-2020/GK BETWEEN THE CITY OF LONGWOOD, FLORIDA AND ALTERNATIVE CLAIMS MANAGEMENT, LLC The City of Miami ("City") is accessing City of Longwood, Florida, ("Longwood") Contract No. 03122020- 0-2020/GK for Vehicle Damage Recovery Services with Alternative Claims Management, LLC ("ACM"), a Texas limited liability company authorized to conduct business in Florida, attached hereto and incorporated by reference herein (the "Agreement"). This Supplemental Agreement to the Agreement between Longwood and ACM includes applicable City of Miami legal requirements ("Supplement'). The term of the Agreement is from May 4, 2020, to May 3, 2023, with two (2) additional one (1) year option to renew periods, extending the Agreement to May 3, 2025. The Agreement is attached hereto as Exhibit "A" and made a part hereof. The effective date of access by the City shall be as of January 1 2023. 1. All references to the "City of Longwood" shall be deleted and replaced with the "City of Miami" or the "City" as applicable. 2. All references to "Consultant" shall be the same as references to "Alternative Claims Management, LLC" or "ACM," as applicable. 3. ACM's Responsibilities: A. ACM has agreed to provide the services as further described in the Agreement, as indicated in Section 1. and Attachment "A" to the Agreement ("Services"). B. ACM will provide services to the City in an amount equal to the costs identified in the Agreement. C. ACM's responsibilities will commence on the effective date of this Supplement. 4. Section 2. of the Agreement titled "Term," specifically the last sentence, is hereby deleted in its entirety and replaced with added Section 42. titled "Termination" and consisting of the following language; A. Termination for Convenience. The City, acting by and through its City Manager, shall have the right to terminate this Supplement, in its sole discretion, and without penalty, at any time, by giving written notice to ACM at least thirty (30) calendar days prior to the effective date of such termination. In such event, the City shall pay to ACM compensation for Services rendered and approved expenses incurred prior to the effective date of termination. In no event shall the City be liable to ACM for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any consequential or incidental damages. ACM shall have no recourse or remedy against the City for a termination under this subsection except for payment of fees due prior to the effective date of termination. B. Termination for Cause. The City, by and acting through its City Manager, shall have the right to terminate this Supplement, in its sole discretion, and without penalty, upon the occurrence of an event of a material breach hereunder, and failure to cure the same within thirty (30) days after written notice of default. In such event, the City shall not be obligated to pay any amounts to ACM for Services rendered by ACM after the date of termination, but the parties shall remain responsible for any payments that have become due and owing as of the effective date of termination. In no event shall the City be liable to ACM for any additional compensation and expenses incurred, other than that provided herein, and in no event shall the City be liable for any direct, indirect, special, consequential, or incidental damages. 5. Section 5. of the Agreement titled "Payment Procedures," is hereby deleted in its entirety and replaced with the following language; Upon collection of funds from claims made on the City's behalf, ACM shall promptly pay the amount(s) due to the City pursuant to the schedule contained in Attachment "A" of the Agreement. ACM shall maintain adequate records to justify all fees, charges, expenses, and costs incurred or charged in performing the services under this Agreement for at least three (3) years after termination of this Agreement or in accordance with the applicable retention period prescribed by the GS1-SL General Records Schedule established by the Florida Department of State, Division of Library Services, whichever period is longer. The City or its duly authorized representatives shall have access to such books, records, and documents as required in this paragraph for the purpose of inspection, audit, excerpts and transcription during normal business hours upon five (5) business days' written notice. The payment due date for a local governmental entity for the purchase of goods or services other than construction services is forty five (45) days after the date agreed to by the parties. All invoices issued by ACM shall be in accordance with Florida Statues Sections 218.73 and 218.74 of the Florida Prompt Payment Act. 6. Section 7. (h) of the Agreement titled "Insurance," is hereby deleted in its entirety and replaced with the following language; The following are the minimum required insurance limits and may not be construed or otherwise interpreted to limit or restrict ACM's indemnification obligations pursuant to this Supplement: Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence $1,000,000.00 General Aggregate Limit $2,000,000.00 Personal and Adv. Injury $1,000,000.00 Products/Completed Operations $1,000,000.00 B. Endorsements Required City of Miami listed as additional insured Contingent & Contractual Liability Premises and Operations Liability Primary Insurance Clause Endorsement II. Business Automobile Liability A. Limits of Liability Bodily Injury and Property Damage Liability Combined Single Limit Owned/Scheduled Autos Including Hired, Borrowed or Non -Owned Autos Any One Accident $1,000,000.00 B. Endorsements Required City of Miami listed as an additional insured III. Worker's Compensation Limits of Liability Statutory -State of Florida Waiver of Subrogation Employer's Liability A. Limits of Liability $100,000.00 for bodily injury caused by an accident, each accident $100,000.00 for bodily injury caused by disease, each employee $500,000.00 for bodily injury caused by disease, policy limit IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim $1,000,000.00 General Aggregate Limit $1,000,000.00 Retro Date Included V. Network Security and Privacy Injury (Cyber Liability) Coverage* *Proof of Cyber Liability Policy due to the City of Miami by July 1, 2023. All other policies must be in effect prior to this Supplemental Agreement taking effect. Each Claim Policy Aggregate Retro Date Included $1,000,000.00 $1,000,000.00 ACM agrees to maintain Professional Liability/Errors & Omissions Coverage, along with Network Security and Privacy Injury ("Cyber Liability") Coverage, if applicable, for a minimum of one (1) year after termination of the Supplement period subject to continued availability of commercially reasonable terms and conditions of such coverage. The above policies shall provide the City of Miami with written notice of cancellation or material change from the insurer in accordance with policy provisions. Companies authorized to do business in the State of Florida, with the following qualifications, shall issue all insurance policies required above: The company must be rated no less than "A2 as to management, and no less than "Class W as to Financial Strength, by the latest edition of Best's Insurance Guide, published by A.M. Best Company, Oldwick, New Jersey, or its equivalent. All policies and/or certificates of insurance are subject to review and verification by City's Risk Management Department prior to insurance approval. 7. Section 8. of the Agreement titled "Contract Documents," is hereby deleted in its entirety and replaced with the following language; In case of any contradictions and/or discrepancies between the parts of the Agreement and this Supplement, precedence shall be given in the following decreasing order: a. This Supplement and its Exhibits; b. The Sections of the Agreement and any Amendments thereto without their exhibits; c. The Exhibits thereto the Agreement; and d. The Request for Proposals RFP No. 03122020 for Vehicle Damage Recovery Services. 8. Section 10. (J) of the Agreement titled "Miscellaneous, Ethics and Conflicts" is hereby deleted in its entirety and replaced with the following language; Pursuant to City of Miami Code Section 2-611, as amended ("City Code"), regarding conflicts of interest, ACM hereby certifies to the City that no individual member of ACM, no employee, and no subconsultants under this Supplement nor any immediate family member of any of the same is also a member of any board, commission, or agency of the City. ACM hereby represents and warrants to the City that throughout the term of this Agreement, ACM, its employees, and its subconsultants will abide by this prohibition of the City Code. 9. Section 10. (L) of the Agreement titled "Miscellaneous, Inconsistencies" is hereby deleted in its entirety; 10. Section 11. of the Agreement titled "Survival," is hereby deleted in its entirety and replaced with the following language; All obligations (including, but not limited to, indemnity and obligations to defend and hold harmless) and rights of any party arising during or attributable to the period prior to expiration or earlier termination of this Supplement shall survive such expiration or earlier termination. 11. Section 15. of the Agreement titled "Indemnification/Sovereign Immunity," is hereb deleted in its entiretv and replaced with the followina lanauaae: Section 15. Indemnification. ACM shall indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees and instrumentalities, from all liabilities, damages, losses, judgements, and costs, including, but not limited to, reasonable attorney's fees, to the extent caused by the negligence, recklessness, negligent act or omission, or intentional wrongful misconduct of ACM and persons employed or utilized by ACM in the performance of this Supplement. ACM shall further indemnify, save and hold harmless, and defend (at its own cost and expense), the City, its officers, agents, directors, and/or employees and instrumentalities against any civil actions, statutory or similar claims, injuries or damages arising or resulting from the Services, even if it is alleged that the City, its officers, agents, directors, and/or employees and instrumentalities were negligent. In the event that any action or proceeding is brought against the City by reason of any such claim or demand, ACM shall, upon written notice from the City, resist and defend such action or proceeding by counsel satisfactory to the City. ACM expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by ACM shall in no way limit the responsibility to indemnify, save a hold harmless, and defend (at its own cost and expense) the City, its officers, agents, director, and/ or employees and instrumentalities as herein provided. The indemnification provided above shall obligate ACM to defend (at its own cost and expense), to and through trial, administrative, appellate, supplemental or bankruptcy proceeding, or to provide for such defense, at the City's option, for any and all claims of liability and all suits and actions of every name and description which may be brought against the City, whether performed by ACM, or persons employed or utilized by ACM. These duties will survive the cancellation or expiration of the Supplement. This Section will be interpreted under the laws of the State of Florida, including without limitation and interpretation, which conforms to the limitations of Sections 725.06 and/or 725.08, Florida Statutes, as applicable and as amended. ACM shall require all subcontractor agreements include a provision that each subcontractor shall indemnify the City in substantially the same language as this Section. ACM agrees and recognizes that the City shall not be held liable or responsible for any claims which may result from any actions or omissions of ACM in which the City participated either through review or concurrence of ACM's actions. In reviewing, approving, or rejecting any submissions by ACM or other acts of ACM, the City, in no way, assumes or shares any responsibility or liability of ACM or subcontractors under this Supplement. Ten dollars ($10.00) of the payments made by the City constitute separate, distinct, and independent consideration for the granting of this Indemnification, the receipt and sufficiency of which is voluntarily and knowingly acknowledged by ACM. 12. Section 16. of the Agreement titled "Public Records Laws," is hereby deleted in its entirety and replaced with the following language; A. ACM understands that the public shall have access, at all reasonable times, to all documents and information pertaining to City agreements, subject to the provisions of Chapter 119, Florida Statutes, as amended, and agrees to allow access by the City and the public to all documents subject to disclosure under applicable laws. ACM's failure or refusal to comply with the provisions of this section shall result in the immediate cancellation of this Supplement by the City. B. ACM shall additionally comply with Section 119.0701, Florida Statutes, including without limitation: (1) keeping and maintaining public records that ordinarily and necessarily would be required by the City to perform this Service; (2) upon request from the City's custodian of public records, provide the City with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, as amended, or as otherwise provided by law; (3) ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law for the duration of the Supplement's term and following completion of the Supplement if ACM does not transfer the records to the City; (4) upon completion of the Supplement, transfer, at no cost, to the City all public records in possession of the ACM or keep and maintain public records required by the City to perform the Service, if ACM transfers all public records to the City upon completion of the Supplement, ACM shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements, if ACM keeps and maintains public records upon completion of the Supplement, ACM shall meet all applicable requirements for retaining public records, all records stored electronically must be provided to the City, upon request from the City's custodian of public records, in a format that is compatible with the information technology systems of the City. Notwithstanding the foregoing, ACM shall be permitted to retain any public records that make up part of its work product solely as required for archival purposes, as required by law, or to evidence compliance with the terms of the Supplement. C. Should ACM determine to dispute any public access provision required by Florida Statutes, then ACM shall do so at its own expense and at no cost to the City. IF ACM HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO ACM'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THE SUPPLEMENT, CONTACT THE DIVISION OF PUBLIC RECORDS AT (305) 416-1800, VIA EMAIL AT PUBLICRECORDS(a-MIAMIGOV.COM, OR REGULAR MAIL AT CITY OF MIAMI OFFICE OF THE CITY ATTORNEY, 444 S.W. 2ND AVENUE, 9TH FLOOR, MIAMI, FL 33130. ACM MAY ALSO CONTACT THE RECORDS CUSTODIAN AT THE CITY OF MIAMI DEPARTMENT WHO IS ADMINISTERING THIS SUPPLEMENT. 13. Section 17. of the Agreement titled "Successors and Assigns," is hereby deleted in its entirety and replaced with the following language; ACM's Services are considered specialized and unique. This Supplement shall not be assigned, sold, transferred, pledged, or otherwise conveyed by ACM, in whole or in part, and ACM shall not assign or otherwise subcontract any part of its operations performing these Services under this Supplement, without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 14. 15. Section 18. of the Agreement titled "Notices," is hereby deleted in its entirety and replaced with the following language; TO ACM: Michael E. Lewandowski, CAO & President Alternative Claims Management, LLC 8610 N New Braunfels Ave., #210 San Antonio, TX 78217 TO THE CITY OF MIAMI: Arthur Noriega V City of Miami City Manager 444 S.W. 2nd Avenue, 10t" Floor Miami, FL 33130-1910 Victoria Mendez City of Miami City Attorney 444 S.W. 2nd Avenue, 9th Floor Miami, FL 33130-1910 Ann -Marie Sharpe City of Miami Director Department of Risk Management 444 S.W. 2nd Avenue, 9t" Floor Miami, FL 33130-1910 ASharpeCa-)_miamigov.com Annie Perez, CPPO City of Miami Procurement Director 444 S.W. 2nd Avenue, 6t" Floor Miami, FL 33130-1910 APerez(a)miamigov.com Sections 21. and 22. of the Agreement titled "Attorney Fees," and "Venues/Disputes," respectively, are hereby deleted in their entirety and replaced with the following language; This Supplement shall be construed and enforced according to the laws of the State of Florida. Venue in any proceedings between the parties shall be in Miami -Dade County, Florida. Each party shall bear its own attorney's fees. Each party waives any defense, whether asserted by motion or pleading, that the aforementioned courts are an improper or inconvenient venue. Moreover, the parties consent to the personal jurisdiction of the aforementioned courts and irrevocably waive any objections to said jurisdiction. The parties irrevocably, knowingly and voluntarily waive any rights to a jury trial in any action or proceeding between them arising out of this Supplement. 16. Section 23. of the Agreement titled "Truth -in -Negotiation Certificate," is hereby deleted in its entirety and replaced with the following language; ACM hereby certifies, represents, and warrants to the City that on the date of ACM's execution of this Supplement, and so long as this Supplement shall remain in full force and effect, the wage rates and other factual unit costs supporting the compensation to ACM under this Supplement are and will continue to be accurate, complete, and current. ACM understands, agrees, and acknowledges that the City shall adjust the amount of the compensation and any additions thereto to exclude any significant sums by which the City determines the contract price of compensation hereunder was increased due to inaccurate, incomplete, or non- current wage rates and other factual unit costs. All such contract adjustments shall be made within one (1) year of the end of this Supplement, whether naturally expiring or earlier terminated pursuant to the provisions hereof. 17. Section 30. of the Agreement titled "Counterparts," is hereby deleted in its entirety and replaced with the following language; This Supplement and any amendments hereto may be executed in counterparts and all such counterparts taken together shall be deemed to constitute one and the same instrument, each of which shall be an original as against either party whose signature appears thereon, but all of which taken together shall constitute but one and the same instrument. An executed facsimile or electronic scanned copy of this Supplement shall have the same force and effect as an original. The parties shall be entitled to sign and transmit an electronic signature on this Supplement (whether by facsimile, PDF, or other email transmission), which signature shall be binding on the party whose name is contained therein. Any party providing an electronic signature agrees to promptly execute and deliver to the other parties an original signed Supplement upon request. 18. Section 32. of the Agreement titled "Integration; Modification; Amendment by Writing Only," is hereby deleted in its entirety and replaced with the following language; No modification or amendment hereto shall be valid unless in writing and executed by properly authorized representatives of the parties hereto. The City Manager shall have the sole authority to extend, amend, or modify this Supplement on behalf of the City. 19. Section 35. of the Agreement titled "City Not Liable for Delays," is hereby added with the following language; ACM hereby understands and agrees that in no event shall the City be liable for, or responsible to ACM or any subcontractor, or to any other person, firm, or entity for or on account of, any stoppages or delay(s) in work herein provided for, or any damages whatsoever related thereto, because of any injunction or other legal or equitable proceedings or on account of any delay(s) for any cause over which the City has no control. 20. Section 36. of the Agreement titled "Use of Name," is hereby added with the following language; ACM hereby understands and agrees that the City is not engaged in research for advertising, sales promotion, or other publicity purposes. ACM is allowed, within the limited scope of normal and customary marketing and promotion of its work, to use the general results of this project and the name of the City. ACM agrees to protect any confidential information provided by the City and will not release information of a specific nature without prior written consent of the City Manager or the City Commission. 21. Section 37, of the Agreement titled "Ownership of Documents," is hereby added with the following language; ACM understands and agrees that any information, document, report, data, digital record, or any other material whatsoever which is given by the City to ACM, its employees, or any subcontractor, or which is otherwise obtained or prepared by ACM solely and exclusively for the City pursuant to or under the terms of this Supplement, is and shall always remain the property of the City. ACM agrees not to use any such information, document, report, data, digital record, or any other material whatsoever for any other purpose without the written consent of the City Manager, which may be withheld or conditioned by the City Manager in his/her sole discretion. ACM is permitted to make and to maintain duplicate copies of the files, records, documents, etc. if ACM determines copies of such information are necessary after the termination of this Supplement; however, in no way shall the confidentiality, as permitted by applicable laws, be breached. The City shall maintain and retain ownership of any and all documents which result upon the completion of the work and Services under this Supplement as per the terms of this Section. 22. Section 38. of the Agreement titled "Dispute Resolution Procedure," is hereby added with the following language; ACM understands and agrees that all disputes between ACM and the City based upon an alleged violation of the terms of this Supplement by the City shall be submitted to the City Manager for his/her resolution, prior to ACM being entitled to seek judicial relief in connection therewith. In the event that the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), the City Manager's decision shall be approved or disapproved, as applicable, by the City Commission, whose decision shall be final. ACM shall not be entitled to seek judicial relief, recourse, remedy or to file a civil action unless: (i) it has first received the City Manager's written decision, approved or disapproved, as applicable, by the City Commission if the amount of compensation hereunder exceeds Twenty Five Thousand Dollars ($25,000.00), or (ii) a period of sixty (60) days has expired, after submitting to the City Manager a detailed statement of the dispute, accompanied by all supporting documentation, one hundred twenty (120) days if the City Manager's decision is subject to City Commission approval; or (iii) if the City has waived compliance with the procedure set forth in this Section by a written instrument clearly waiving compliance, signed by the City Manager. In no event may the amount of compensation under this Section exceed the total compensation herein this Supplement. The adherence to this Section is the condition precedent to the institution of any civil action by ACM against the City. 23. Section 39. of the Agreement titled "No Third Party Beneficiary," is hereby added with the following language; No persons other than ACM and the City (and their successors and assigns) shall have any rights whatsoever under this Supplement. 24. Section 40. of the Aareement titled "Most Favored Nations." is herebv added with the following language; ACM shall not treat the City worse than any other similarly situated local government and, in this regard, grants the City a "most favored nations clause" meaning the City will be entitled to receive and be governed by the most favorable terms and conditions that ACM grants now or in the future to a similarly situated local government. 25. Section 41. of the Agreement titled "Entire Agreement," is hereby added with the following language; This instrument and its attachments constitute the sole and final agreement of the parties relating to the subject matter hereof and correctly set forth the rights, duties, and obligations of each to the other as of its date. Any prior agreements, promises, negotiations, or representations not expressly set forth in this Supplement are of no force or effect. (SIGNATURE PAGE FOLLOWS) IN WITNESS WHEREOF, the Parties have executed this Supplement, or have caused the same to be executed, as of the date and year first above written. ATTEST: By: Name: Michael E Lewandowski Title: CAO and President ATTEST: M Todd B. Hannon City Clerk APPROVED AS TO LEGAL FORM AND CORRECTNESS: Victoria Mendez City Attorney "ACM" ALTERNATIVE CLAIMS MANAGEMENT, LLC a Texas limited liability company authorized to conduct business in Florida By: I�g Name: Steve Battista Title: VP of Sales "City 15 CIty" CITY OF MIAMI, a Florida municipal corporation LIM Arthur Noriega V City Manager APPROVED AS TO INSURANCE REQUIREMENTS: Anne Marie Sharpe, Director Risk Management COMPANY RESOLUTION WHEREAS, Alternative Claims Management, LLC (Company Name), a Texas Limited Liability Company (State and type of incorporation, e.g., New York Corporation/LLC), desires to enter into an agreement with the City of Miami ("City" for the purpose of performing the Services described in the Supplement to which this resolution is attached; and WHEREAS, the Board of Managers at a duly held company meeting has considered the matter in accordance with the bylaws of the company; NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF MANAGERS that this company is authorized to enter into the Supplement with the City, and Michael E Lewandowski (1st Name), the CAO and President (1 st Title), and Steve Battista (2nd Name), the VP of Sales (2nd Title), are hereby authorized and directed to execute the Supplement in the name of this Company and to execute any other document and perform any acts in connection therewith as may be required to accomplish its purpose. IN WITNESS WHEREOF, this 6th day of December , 2022 Alternative Claims Management, LLC An Texas Limited Liability Company ("Alternative Claims Management, LLC') (State and type of incorporation) By: (Signature of 1st Name above) Name & Title: Michael E Lewandowski, CAO / President (print) 0 ,1-14k— Kb� (Signature of 2nd Name above) Name & Title: Steve Battista, VP of Sales (print) MARKET RESEARCH Contract No.: 03122020 (Longwood, FL) Current Term: 5 years + 2 OTR's for 1 year each Expiration Date: May 4, 2023 + 2 OTR's Title: Vehicle Damage Recovery Services Recommendation: ❑ Sole Source Contract ❑ Solicit Competition Procurement Contracting Officer: ® Access Contract James Justin Griffin ❑ Other Background: The City of Miami's ("City") Risk Management Department ("Risk") expressed a need for vehicle damage recovery services and asked the Department of Procurement ("Procurement") to research the contents of Contract No. RFP-03122020-0-2020/GK ("Contract") between the City of Longwood, FL ("Longwood") and Alternative Claims Management, LLC ("ACM"). Research performed by Procurement confirmed that Longwood competitively solicited Request for Proposals No. 03122020 and ACM was awarded the Contract to provide vehicle damage recovery services on May 4, 2020. Section 33 of the Contract, entitled "Piggybacking," specifically provides for other municipalities to access the Contract under the same terms and conditions. Prior to Procurement's research, ACM made an unsolicited approach to the City and Risk to review the City's closed subrogation files, at no cost to the City, to determine if additional monies can be recovered under existing claims. After consultation with the Office of the City Attorney, the City entered into a Non -Disclosure Agreement ("NDA") on August 16, 2022, to allow ACM access to the City's insurance claims and subrogation files. ACM's review encompassed the past four (4) years of the City's accident files and revealed potential recoveries in the amount of $2,402,385.39. ACM's "City of Miami Damage Recovery Report' is attached hereto as Exhibit "A." Alternative Claims Management, LLC ("ACM") is a Texas Limited Liability Company with its principal place of business at 16404 San Pedro Ave, San Antonio, TX 78232. ACM began operations in 1997 and has collected nearly one billion dollars in damage recovery proceeds. ACM has been active on Sunbiz since January 2015 as a registered Foreign Limited Liability Company. Research Conducted: Research was conducted by Procurement into ACM, Longwood's solicitation of the Contract, and the Contract itself. ACM: ACM is the industry leader in reviewing closed subrogation files and uses proprietary formulas to determine if additional monies can be recovered. Moreover, ACM possesses the personnel and capabilities to effectively negotiate with insurance companies and claims adjusters. The work to be performed by ACM is done at no cost to the City and ACM is only reimbursed on a contingent basis after the City is paid any recovery monies. Longwood's Solicitation of the Contract: Public records requests to Longwood, FL produced the documents necessary to complete the piggyback contracting opportunity. Procurement reviewed Longwood's solicitation documents and confirmed that the Contract was competitively solicited. ACM is also signatory to one other cooperative contract with the Savvik Buying Group ("Savvik"). Savvik's contract documents are available online and were downloaded. Savvik's piggyback contract was procured by the Eagle County (Colorado) Health Service District, on behalf of itself and the Public Safety Association, Inc. ("PSAI"). The Savvik cooperative contract is nearly identical to the Contract. However, the City is not a member of Savvik and has no experience with Savvik. Therefore, piggybacking onto the Longwood Contract is favorable to Risk and Procurement. The Contract: The initial term of the Longwood Contract is three (3) years running from the effective date, May 4, 2020, through May 4, 2023. There are options to renew for two (2) additional one (1) year terms. Thereafter, any extensions must be done via written amendment to the Contract signed by both parties. The scope of work calls for full -service physical damage claims administration. Claims would be handled from the date of the incident to a full settlement recovery and, when appropriate, salvage disposal. Recovery can be made for physical damage, loss of use / downtime, loss of revenue, diminution of value, administrative fees, dormant claims, non -vehicle property damage, vehicle sanitation, etc. ACM does not charge a processing fee to handle a file and only earns a commission upon a successful recovery for its clients. Physical damages are paid fully to the Claimant, but ACM charges a 50% recovery fee for loss of use, loss of revenue, diminution of value, administrative fees, total loss, sanitation fees, drug removal, and transfer of specialty equipment. The charges for photos, valuations, appraisals are passed on to the customer with no markup by ACM. There appears to be no difference in the fees charged under the Longwood contract as compared to the Savvik contract. Attached hereto as Exhibit "A" and Exhibit "B" please find the pricing sheets for the Longwood and Savvik contracts, respectively. Procurement Contracting Officer: James Justin Griffin Date: 9127122 Procurement Contracting Manager. Director/Asst. Director: Date: 9/27/22 Date: 11 /21 /22 City of Miami 4 Year File Review of Accident Files November 1, 2018 to June 1, 2022 +/- Prepared by Alternative Claims Management Total Total Repair Hours days Daily Rate downtime Notes Vehicle Type Diminution of Value 27 22 $ 390.48 $ 8,590.56 Police Automobile $ 800.00 27.0 22 $ 390.48 $ 8,590.56 Police Automobile $ 800.00 5.6 10 $ 390.48 $ 3,852.74 Police Automobile $ 800.00 32.7 29 $ 390.48 $ 11,284.87 Police Automobile $ 800.00 151.0 108 $ 390.48 $ 42,302.00 Police Automobile $ 800.00 21.8 20 $ 390.48 $ 7,913.73 Police Automobile $ 800.00 40.0 31 $ 390.48 $ 12,235.04 Police Automobile $ 800.00 51.5 40 $ 390.48 $ 15,684.28 Police Automobile $ 800.00 37.9 31 $ 390.48 $ 11,961.70 Police Automobile $ 800.00 11.5 12 $ 390.48 $ 4,620.68 Police Automobile $ 800.00 Total Loss 90 $ 390.48 $ 35,143.20 Police Automobile $ 800.00 Total Loss 90 $ 390.48 $ 35,143.20 Police Automobile $ 800.00 22.6 21 $ 390.48 $ 8,017.86 Police Automobile $ 800.00 150.5 108 $ 390.48 $ 42,236.92 Police Automobile $ 800.00 53.3 41 $ 390.48 $ 15,918.57 Police Automobile $ 800.00 Parts Delays 21 $ 224.00 $ 4,704.00 Police Motorcycle $ 1,000.00 28.6 23 $ 390.48 $ 8,798.82 Police Automobile $ 900.00 26.2 22 $ 220.00 $ 4,781.33 Fire Van passenger $ 800.00 14.0 13 $ 390.48 $ 4,946.08 Police Automobile $ 800.00 193.5 133 $ 1,095.44 $ 145,145.80 Swat Command 6 mon $ 1,200.00 16.2 18 $ 390.48 $ 7,184.83 Police Automobile $ 800.00 144.1 101 $ 1,002.24 $ 101,259.65 Ambulance $ 1,000.00 30.0 28 $ 390.48 $ 10,933.44 Police Automobile $ 800.00 15.7 18 $ 390.48 $ 7,119.75 Administration Vehicle $ 900.00 9.4 11 $ 390.48 $ 4,347.34 Police Automobile $ 800.00 Total Loss 90 $ 390.48 $ 35,143.20 Police Automobile $ 800.00 38.4 31 $ 390.48 $ 12,026.78 Police Automobile $ 800.00 42.1 32 $ 390.48 $ 12,508.38 Police Automobile $ 800.00 58.0 42 $ 390.48 $ 16,530.32 Police Automobile $ 800.00 38.3 31 $ 390.48 $ 12,013.77 Police Automobile $ 800.00 46.4 38 $ 390.48 $ 15,020.46 Police Automobile $ 800.00 87.2 62 $ 390.48 $ 24,235.79 Police Automobile $ 800.00 56.3 42 $ 390.48 $ 16,309.05 Police Automobile $ 800.00 17.0 19 $ 390.48 $ 7,288.96 Police Automobile $ 800.00 137.4 99 $ 390.48 $ 38,579.42 Police Automobile $ 800.00 122.0 89 $ 390.48 $ 34,622.56 Police Automobile $ 800.00 146.0 102 $ 390.48 $ 39,698.80 Police Automobile $ 800.00 48.5 39 $ 390.48 $ 15,293.80 Police Automobile $ 800.00 28.4 22 $ 49.95 $ 1,122.21 Administration Vehicle $ 900.00 12.0 12 $ 390.48 $ 4,685.76 Police Automobile $ 800.00 27.0 22 $ 220.00 $ 4,840.00 Fire Pass Van $ 900.00 63.0 49 $ 450.00 $ 22,050.00 Police Explorer $ 1,000.00 27.7 22 $ 390.48 $ 8,681.67 Police Automobile $ 800.00 13.2 12 $ 390.48 $ 4,841.95 Park Ranger $ 800.00 42.0 32 $ 390.48 $ 12,495.36 Police Automobile $ 800.00 18.2 19 $ 390.48 $ 7,445.15 Police Automobile $ 800.00 21.5 20 $ 390.48 $ 7,874.68 Police Automobile $ 800.00 13.2 12 $ 390.48 $ 4,841.95 Police Automobile $ 800.00 23.6 21 $ 390.48 $ 8,148.02 Police Automobile $ 800.00 63.8 49 $ 390.48 $ 19,237.65 Police Automobile $ 800.00 Total loss 90 $ 224.00 $ 20,160.00 Police Motorcycle $ 800.00 18.7 19 $ 49.95 $ 960.71 Administration Vehicle $ 900.00 89.4 63 $ 49.95 $ 3,136.86 Administration Vehicle $ 900.00 34.0 29 $ 390.48 $ 11,454.08 Police Automobile $ 800.00 49.2 39 $ 300.00 $ 11,820.00 Pick Up Truck lift gate $1,000 35.0 30 $ 390.48 $ 11,584.24 Police Automobile $800.00 32.0 29 $ 470.88 $ 13,498.56 Fire Command/Chief $900 38.0 31 $ 390.48 $ 11,974.72 Police Automobile $800.00 7.2 10 $ 390.48 $ 4,060.99 Police Automobile $800.00 Total Loss 90 $ 390.48 $ 35,143.20 Park Ranger $800 12.5 12 $ 275.00 $ 3,345.83 Pick Up Truck $1,000 19.0 19 $ 390.48 $ 7,549.28 Police Automobile $ 800.00 45.0 38 $ 390.48 $ 14,838.24 Police Automobile $ 800.00 17.7 19 $ 390.48 $ 7,380.07 Police Automobile $ 800.00 7.0 10 $ 390.48 $ 4,034.96 Police Automobile $ 800.00 City of Miami 4 Year File Review of Accident Files November 1, 2018 to June 1, 2022 +/- Prepared by Alternative Claims Management Total Repair Hours days Daily Rate 29.0 23 $ 390.48 7.5 11 $ 49.95 61.9 49 $ 275.00 30.0 28 $ 390.48 30.0 28 $ 300.00 58.0 42 $ 390.48 19.5 20 $ 49.95 Total Loss 90 $ 390.48 29.0 23 $ 390.48 17.5 19 $ 49.95 23.6 21 $ 390.48 Total Loss 90 $ 390.48 6.6 10 $ 275.00 84.9 61 $ 390.48 14.0 13 $ 200.00 12.0 12 $ 390.48 16.1 18 $ 390.48 6.8 10 $ 390.48 45.5 38 $ 390.48 6.5 10 $ 275.00 35.9 30 $ 450.00 55.4 41 $ 390.48 8.0 11 $ 390.48 11.7 12 $ 275.00 46.0 38 $ 49.95 28.8 23 $ 470.88 40.7 32 $ 390.48 12.3 12 $ 49.95 6.7 10 $ 390.48 41.8 32 $ 390.48 38.8 31 $ 490.48 36.9 30 $ 266.66 50.1 40 $ 390.48 Total Loss 90 $ 390.48 18.7 19 $ 49.95 63.0 49 $ 490.48 31.1 28 $ 390.48 13.5 13 $ 390.48 13.2 12 $ 49.95 9.8 11 $ 390.48 38.2 31 $ 390.48 25.7 22 $ 390.48 21.2 20 $ 390.48 23.5 21 $ 390.48 Total Loss 90 $ 390.48 8.2 11 $ 275.00 Total Loss 90 $ 390.48 64.4 49 $ 49.95 28.4 22 $ 390.48 10.9 12 $ 470.88 47.5 39 $ 3,407.04 22.7 21 $ 390.48 18.5 19 $ 390.48 22.7 21 $ 390.48 22.3 20 $ 390.48 11.4 12 $ 49.95 7.1 10 $ 49.95 44.0 33 $ 49.95 73.2 52 $ 390.48 23.2 21 $ 275.00 12.9 12 $ 49.95 60.5 48 $ 49.95 32.0 29 $ 390.48 64.0 49 $ 390.48 Total downtime $ 8,850.88 $ 524.48 $ 13,374.17 $ 10,933.44 $ 8,400.00 $ 16,530.32 $ 974.03 $ 35,143.20 $ 8,850.88 $ 940.73 $ 8,148.02 $ 35,143.20 $ 45,000.00 $ 2,805.00 $ 23,936.42 $ 2,533.33 $ 4,685.76 $ 7,171.82 $ 4,008.93 $ 14,903.32 $ 2,795.83 $ 13,485.00 $ 16,191.90 $ 4,165.12 $ 3,272.50 $ 1,914.75 $ 10,641.89 $ 12,326.15 $ 604.40 $ 3,995.91 $ 12,469.33 $ 15,172.18 $ 5,655.86 $ 15,502.06 $ 35,143.20 $ 960.71 $ 24,033.52 $ 11,076.62 $ 4,881.00 $ 619.38 $ 4,399.41 $ 12,000.75 $ 8,421.35 $ 7,835.63 $ 8,135.00 $ 35,143.20 $ 2,951.67 $ 35,143.20 $ 2,470.86 $ 8,772.78 $ 5,477.90 $ 132,306.72 $ 8,030.87 $ 7,484.20 $ 8,030.87 $ 7,978.81 $ 589.41 $ 517.82 $ 1,631.70 $ 20,461.15 $ 5,701.67 $ 614.39 $ 2,405.93 $ 11,193.76 $ 19,263.68 Notes No Comps....... Approximated Reduced by 30%Comp Ne4egence New Subro - Failed to Yeild New Claim for damages also Vehicle Type Police Automobile Administration Vehicle Colorado Pick Up Truck Police Automobile F-350 Utility Police Automobile Administration Vehicle Police Automobile Police Automobile Administration Vehicle Police Automobile Police Automobile Fire Boat Pick Up Truck Police Automobile Transit Van Police Automobile Police Automobile Police Automobile Police Automobile Pick Up Truck Police Explorer Police Automobile Police Automobile Pick Up Truck Administration Vehicle Fire Chef Police Automobile Administration Vehicle Police Automobile Police Automobile Suburban police Garage Truck Police Automobile Police Automobile Administration Vehicle Police Automobile Police Automobile Police Automobile Administration Vehicle Police Automobile Police Automobile Police Automobile Police Automobile Police Automobile Police Automobile Pick Up Truck Police Automobile Administration Vehicle Police Automobile Fire Battalion/Chief Fire Engine Police Automobile Police Automobile Administration Vehicle Police Automobile Administration Vehicle Administration Vehicle Administration Vehicle Police Automobile Pick Up Truck Administration Vehicle Administration Vehicle Police Automobile Police Automobile Diminution of Value $ 800.00 $ 800.00 $ 750.00 $ 800.00 $ 1,000.00 $ 800.00 $ 900.00 $ 800.00 $ 800.00 $ 900.00 $ 800.00 $ 800.00 N/A N/A N/A 1,100.00 800.00 1,100.00 800.00 800.00 800.00 800.00 1,100.00 1,000.00 800.00 800.00 1,100.00 900.00 900.00 800.00 900.00 800.00 800.00 1,200.00 800.00 800.00 900.00 800.00 800.00 800.00 900.00 800.00 800.00 800.00 800.00 800.00 800.00 1,000.00 800.00 900.00 800.00 900.00 800.00 800.00 900.00 800.00 800.00 800.00 800.00 800.00 800.00 900.00 900.00 800.00 800.00 City of Miami 4 Year File Review of Accident Files November 1, 2018 to June 1, 2022 +/- Prepared by Alternative Claims Management Total Total Repair Hours days Daily Rate downtime Notes Vehicle Type 63.8 49 $ 390.48 $ 19,237.65 Police Automobile 9.3 11 $ 390.48 $ 4,334.33 Police Automobile 23.3 21 $ 390.48 $ 8,108.97 Police Automobile 47.8 39 $ 49.95 $ 1,944.72 Administration Vehicle 37.5 31 $ 390.48 $ 11,909.64 Police Automobile 16.4 18 $ 390.48 $ 7,210.86 Police Automobile 11.3 12 $ 390.48 $ 4,594.65 Police Automobile 33.1 29 $ 390.48 $ 11,336.94 Police Automobile 24.4 21 $ 390.48 $ 8,252.14 Police Automobile 78.8 59 $ 390.48 $ 23,142.45 Police Automobile Total Loss 90 $ 390.48 $ 35,143.20 Police Automobile 52.2 40 $ 49.95 $ 2,017.98 Administration Vehicle 25.4 21 $ 275.00 $ 5,903.33 Pick Up Truck 24.2 21 $ 390.48 $ 8,226.11 Police Automobile 98.7 71 $ 390.48 $ 27,685.03 Police Automobile 35.2 30 $ 390.48 $ 11,610.27 Police Automobile 7.9 11 $ 49.95 $ 531.14 Administration Vehicle 21.0 20 $ 390.48 $ 7,809.60 Police Automobile 12.0 12 $ 266.66 $ 3,199.92 Garbage Truck 10.6 12 $ 49.95 $ 576.09 Administration Vehicle 19.8 20 $ 390.48 $ 7,653.41 Police Automobile 11.5 12 $ 1,002.24 $ 11,859.84 Ambulance 14.0 13 $ 390.48 $ 4,946.08 Police Automobile 56.5 19.0 $ 390.48 $ 7,419.12 Police Automobile 61.2 20.0 $ 390.48 $ 7,809.60 Police Automobile $ 2,156,385.39 Total Potential $2,402,385.39 Diminution of Value $ 800.00 $ 800.00 $ 800.00 $ 900.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 800.00 $ 900.00 $ 1,000.00 $ 800.00 $ 800.00 $ 800.00 $ 900.00 $ 800.00 N/A N/A 900.00 800.00 800.00 800.00 800.00 $126,050.00 We reviewed all claim files where damages to a city owned vehicle were caused by at at fault party and proceeds for the damares were recovered from their insurance carrier. We denoted the labor hours from each rapair estimate where possible so that an approximation of downtime could be calculated. On total loss vehicles, a reduced replacement time was used. We then used the appropriate rental rates for each vehicle class to establish a rental value. This would be the amounts billed. The amounts ultimately recovered will be less dues to negotiations with insurance adjusters and policy limitations. As for the Diminution of Value, we took a conservative flat rate approach accross the board. As you can see, most of the vehicles were police automobiles. On the estimates that had miles shown, they were older units with higher mileage as well making a Diminution of Value claim difficult. While recovery on these units may be questionable, we thought this would be a good representation of future claim possibilities due to the newer fleet. The claim audit did reveal a very clear disproportionate lack of smaller claims accross all department fleets, primarily public works and fire. We noted that Risk Management closed approximately 20 files a year due to lack of documentation from the field. Police will always have more losses because they are on the road 24-7. We find this in many large municipalities. The common denominator we have found is the smaller damages are considered minor or cosmetic in nature and viewed that the man hours needed to take the vehicle to GSA to get the damages appraised are excessive when the employees primary workload does not allow for the downtime and also the lack of spare vehicles. Alternative Claims has a Photoscope Program that allows for the vehicle operator to submit photos with the incident report to Risk Management where repair estimates can be produced in-house. This will allow the primary staff member to complete their duties and not have to incur the downtime of going to GSA or in those cases where the the damages are considered minor and undocumented, those damages can now be recovered. Using other municipalities as a benchmark who provide the same services as the City of Miami, the Photoscope Program could identify upwards of an additional $120,000.00 per year in damages to City owned vehicles. This does not include the projected downtime which could be used to offset the costs of additional pool fleet units that may be necessary. While the technology of our fire apparatus, rescues and longevity of paint and clear coat gets better each year, the costs of the parts and materials increase as well. ACCESSING COMPETED CO-OP and GOVERNMENTAL CONTRACTS CHECK LIST CONTRACT NO.: RFP-03122020-0-2020 TITLE: Vehicle Damage Recovery Services NAME OF ENTITY WHOSE CONTRACT THE CITY IS ACCESSING: City of Longwood, FL PROCUREMENT CONTRACTING OFFICER: James Justin Griffin DATE SUBMITTED: 10/24/2022 Accessing Co-ops and Governmental Contracts Package All Accessing of contacts must be reviewed and approved by the Department Director with signature below. Procurement Documents — to be included in Approval Package ® Award Memo from CPPO to the City Manager (if applicable) ® Agenda Item Summary Form (for Commission Approval — if applicable) ® Resolution (for Commission Approval — if applicable) ® Copy of this checklist signed by the Director Co-op/Governmental Agency Documents — to be included in Approval Package ® Copy of Tally/Evaluation Results (score sheets, ranking or summary) ® Copy of Contract's Advertisement & Distribution information ® Copy of Contract/Solicitation Being Accessed ® Copy of Award Sheet/Approval Documents ® Copy of Proposal/Bid Questions for the Procurement Contracting Officer handling this procurement: (1) Did you confirm with your client department that this piggy -back contract meets all of their needs? ® YES ❑ NO (2) Does this piggy -back have a not to exceed amount? ❑ YES ® NO (3) Is the awarded amount less than what the City is going to spend? ❑ YES ❑ NO (4) Does the scope of the City exceed the scope of the piggy -back? ❑ YES ® NO NOTES: 7/25/19 Accessing Contract — Checklist Notes — Page 2 B APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. ❑ NOT APPROVED as a contract which was entered into pursuant to a competitive process in compliance with City laws, policies and procedures. —4- �— - Annie Perez, CPPO Director, Department of Procurement LONGWOOD CITY COMMISSION Longwood City Commission Chambers 175 West Warren Avenue Longwood, Florida MINUTES May 4, 2020 6:00 P.M. (Virtual Meeting — Webex) Present: Mayor Matt Morgan Deputy Mayor Brian D. Sackett Commissioner Abby Shoemaker Commissioner Richard Drummond Commissioner Ben Paris Dan Langley, City Attorney Clint Gioielli, Acting City Manager Michelle Longo, City Clerk David P. Dowda, Police Chief Mike Peters, Fire Chief Chris Kintner, Community Development Director Shad Smith, Public Works Director Lee Ricci, Human Resources Director Craig Dunn, Information Technology Director Chris Capizzi, Leisure Services Director 1. CALL TO ORDER. Mayor Morgan called the meeting to order at 6:05 p.m. 2. MOMENT OF SILENT MEDITATION 3. THE PLEDGE OF ALLEGIANCE. Commissioner Drummond led the Pledge of Allegiance. A. Election of Mayor Mayor Morgan turned the meeting over to the City Attorney to conduct the Election of the Mayor. Mr. Langley stated the election of the Mayor occurs at the first meeting in May of every year and is elected amongst the Members of the Commission. He opened the floor for nominations. CC 05-04-2020/1 Deputy Mayor Sackett nominated Commissioner Morgan as Mayor. Commissioner Morgan stated he accepts the nomination. Mr. Langley closed the floor for nominations. Nomination carried by a four -to -one (4-1) roll call vote with Commissioner Drummond voting nay. Mayor Morgan said that when he was nominated for Mayor last year he wanted to do one year of it and then pass the baton on. This was before we got hit with COVID-19 and everyone's world had been twisted upside down, including the role of Mayor here in the City. He clarified that he wants to see this virus through because he has Mayor's conference calls every day to every other day that both combine the City Manager and other times the Chairman of Seminole County. To make a change in that would not be the best thing for the City. He asked Mr. Langley if he could step down as Mayor and do this vote again at the end of August or September, depending on when we can clear through this virus. Mr. Langley said the Charter provides the Commission elects the Mayor. If the person holding the position of Mayor would like to step away from that position they can do so and the Commission can elect another member of the Commission to be Mayor at that time. You would not lose your position as Commissioner. The Commission would then hold an election at the next available meeting to replace you in that position. Commissioner Paris asked if there would be anything against directing staff to put that on the agenda in September. Mr. Langley said if the majority of the Commission wishes that to occur, it would not be a problem. He stated there was nothing in the Charter that states otherwise. The election of Mayor is completely up to the Commission. Deputy Mayor Sackett moved to hold reelection for Mayor at the first meeting in September. Seconded by Mayor Morgan and carried by a unanimous roll call vote. 4. COMMUNITY ANNOUNCEMENTS. None. 5. PROCLAMATIONS / RECOGNITIONS A. District #2 Nomination of the Business Person of the Month Award for May 2020. CC 05-04-2020/2 Commissioner Drummond stated he would like to go outside the norm on this and give formal recognition to all the people that have worked and provided essential services throughout the Coronavirus (COVID-19) pandemic, allowing a lot of us to stay home and still enjoy life the way we did before. He would like to name a few people that have provided these services such as grocery store workers, nurses, firemen, and all these people that are working every day putting themselves at risk to provide for the rest of us. He stated he would then like to go back to the Business Person of the Month in July. He asked the Commission for suggestions on who to include on this list of recognitions and these would be turned over to the Clerk. The Commission agreed with this suggestion. B. Proclaiming May 10 through May 16, 2020, as "National Police Week"; and "Peace Officers Memorial Day". Mayor Morgan read the Proclamation and it will be sent to the Longwood Police Department. C. Proclaiming May 11 through May 17, 2020, as "Women's Lung Health Week". Mayor Morgan read the Proclamation and it will be sent to Ms. Andrea Giggard at the American Lung Association in Florida. 6. BOARD APPOINTMENTS. None. 7. PUBLIC INPUT A. Public Participation. None. 8. MAYOR AND COMMISSIONERS' REPORT District #3. Commissioner Paris said he encourages all of our citizens and small business owners to adhere to the guidelines and be safe as we are trying to get back to normality. If you need any resources and information there is a lot of it out there as far as navigating this reopening. Besides the City of Longwood, Seminole County and the Seminole County Chamber have information as well. To all the City residents and business owners, good luck and we are here pulling for you. District #4. Mayor Morgan said the amount of work that continues to go into this Pandemic in the City of Longwood has been something I have CC 05-04-2020/3 never seen before. It is inspiring, motivating, and the coolest part of it all is that it is generally the ones that have the least, that help the most and think of others first. He used Cheryl Bryant from Wild Hare Kitchen & Garden Emporium and how she has given back to the community as an example of how everyone's spirit in the City has been. During the pandemic, times are really tough and there is a lot of chaos and fear, especially if you watch mainstream news. To be able to see that the City remains positive has been remarkable, and it says a lot about this City and this Commission. This is the first Commission in Seminole County that issued the first state of emergency, had our City employees work remotely from home, locked our City Hall front doors to not cross - contaminate residents with our skeleton crew working inside without losing a single modicum of service along with way, and had a Commission meeting that implemented social distancing. Our City has done a great job in leading the way thus far and that is a team effort. District #5. Deputy Mayor Sackett said as a teacher he has been waking up at 6:00 a.m. taking care of students and doing so until 9:00 p.m. He encourages people to turn off the news, it is stressful with children at home doing schooling, jobs being lost, no sense of recovery, and no place to go. He said he found the most fun thing to do was to sit around the table and build a puzzle with your family and maybe put up a tent in the backyard and have a cookout. Celebrate your family and everything good about your family. He said it is looking like July 10th will be the graduation of High School. It looks like Woodlands Elementary is going to do a special celebration for their fifth -graders on the same day as well. He commended Lori Rice and said she is a butterfly enthusiast, knows every type of butterfly there is, and she is working with our staff at Reiter Park. He said she gave him some more milkweed seeds and he appreciates how she is trying to grow that part of the park. When we are told that this is over, I would like to celebrate all of our restaurants and continue or extend as far as necessary, the temporary -use flyers and banners through September to have businesses promote that they are open and they made it. He asked if they put a date to suspend the Temporary -Use Permits. Mr. Gioielli said that he thinks we have a couple of weeks after our emergency order ends. Deputy Mayor Sackett said he would like to extend it longer up to the Christmas season to make sure we are celebrating with them. He suggested coordinating a Food Truck Fair with the Parks & Recreation Department in September. One thing that did take a remarkable hit during COVID-19 is Babe Ruth Baseball who had to cancel their league. Parents are seeking a possible return on their money for applications. CC 05-04-2020/4 Their fees, the amount due to the City for concessions, and everything else has taken a hit and gone down to zero. Therefore, there are going to be about $6,500 delinquent in fees owed to the City, because they do not have it. He said he spoke to Mr. Gioielli who was going to talk within his team of people to see how we can forgive and cover those costs. I think this would be the right thing to do. He asked Mr. Gioielli to address that during his report. He also noted in September, he will go back to Lyman High School to talk about the pool. District #1. Commissioner Shoemaker agreed with what everyone has said so far and thanked the residents, the staff, and everyone else for all of their diligence and hard work to social distance, and for working together. We have a phenomenal group of businesses and people in this community and I am very grateful for that. Mr. Gioielli continues to work with every situation I throw at him so I am very appreciative of him. I have received phone calls and emails asking if we are having the Car Show next month. The answer is probably no. However, I would recommend when we are ready to open the City back up that we overkill on the announcements of it. I am pleased the City's Facebook does update us, but please make this a priority. Also on Facebook, I saw this is National Clerk's Week and I would like to thank our Clerk for everything she does. District#2. Commissioner Drummond said Mr. Gioielli has done an amazing job during this crisis. He is very eager to get out there and do the very best he can and he is always there if I have a question. If I call and he does not answer, he is calling me back. He thanked him for the outstanding job. He stated he had a great mentor in the Chief. He said our City Clerk, Ms. Longo is at City Hall every day along with her staff and they are answering phones and helping everyone. She is always there to help keep the Commission informed. She holds a lot of hands to make sure we look good. I just want to tell her how much I appreciate her incredible effort and the City Clerk's office. 9. ANY ADDITIONS OR DELETIONS TO THE AGENDA. None. 10. CONSENT AGENDA A. Approve Minutes of April 6, 2020, Regular Meeting. B. Approve the Monthly Expenditures for March and April 2020. C. Approve Monthly Financial Report for March 2020. CC 05-04-2020/5 D. Approve an increase of $60,000 to purchase order #2000244 for Hydra Service Inc. for citywide lift station repairs and maintenance. E. Approve purchase orders of $1,344,500 for the acquisition of Capital Equipment as approved in the fiscal year 2019/2020 Adopted Budget. Commissioner Drummond had questions related to Item 10E which included defining what an arrow board listed for $10,000 and the fuel pump listed for $17,000. Commissioner Paris said an arrow board directs traffic. It is a trailer that has a directional board used to direct traffic. Mr. Smith stated we currently have fuel pumps that are about 15 to 20 years old and were recycled. When you try to fill up gas, half of the time it does not work. So this replaced the pump, the reader, and the unit for our two emergency tanks. It is fuel pumps for our big tanks at Public Works that include diesel and gas. Commissioner Shoemaker stated on the minutes for the April 6th meeting she did not end up leading the Pledge of Allegiance. Ms. Longo stated a correction was made to reflect Mayor Morgan led the pledge. Deputy Mayor Sackett moved to approve Items 10A through 10E as presented. Seconded by Commissioner Drummond and carried by a unanimous roll call vote. 11. PUBLIC HEARINGS A. Read by title only and adopt Ordinance No. 20-2175, a voluntary annexation for the property located at 1800 Lake Emma Road. Mr. Langley read Ordinance No. 20-2175 by title only. Mr. Gioielli advised the applicant has requested this item be postponed until the May 18th meeting. Commissioner Drummond made a motion to continue this item to the May 18, 2020 Commission meeting. Seconded by Deputy Mayor Sackett and carried by a unanimous roll call vote. CC 05-04-2020/6 B. Read by title only and adopt Ordinance No. 20-2178, authorizing the issuance of debt in the principal amount up to $3,383,900 to finance the Longdale Septic Tank Abatement and Wastewater System Improvement and Expansion Project, Loan Agreement ►I �lt:��i�Ai�F�:I�F�I�a Mr. Langley read Ordinance No. 20-2178 by title only. Mayor Morgan opened the public hearing. No one spoke in favor or opposition to Ordinance No. 20-2178. Deputy Mayor Sackett moved to close the public hearing. Seconded by Commissioner Drummond and carried by a unanimous voice vote. Commissioner Drummond moved to adopt Ordinance No. 20-2178 as presented Item 11B. Seconded by Commissioner Shoemaker and carried by a unanimous roll call vote. 12. REGULAR BUSINESS A. Read by title only, set May 18, 2020, as the public hearing date and approve the first reading of Ordinance No. 20-2179, amending Article VI, Division 4, Section 2-294, Meetings. Mr. Langley read Ordinance No. 20-2179 by title only. Ms. Longo stated the Pension Board is requesting the Commission to consider the change in the Code language to allow the Board more flexibility with scheduling meeting dates/times and the only change is to have it state "shall meet quarterly" instead of quarterly on the third Tuesday of the month. Deputy Mayor Sackett moved to approve Ordinance No. 20-2179 and set May 18, 2020, as the public hearing date. Seconded by Commissioner Drummond and carried by a unanimous roll call vote. B. Read by title only, set May 18, 2020, as the public hearing date and approve the first reading of Ordinance No. 20-2180, establishing a new Business Tax Receipt Schedule. Mr. Langley read Ordinance No. 20-2180 by title only. CC 05-04-2020/7 Deputy Mayor Sackett had a question regarding some of the language and its consistency with the usage of "Community Development Director or designee" throughout the whole Ordinance. Mr. Langley advised he could incorporate this recommendation as part of the motion. Deputy Mayor Sackett moved to approve Ordinance No. 20-2180 with the usage of the language "Community Development Director or designee" being consistent throughout the Ordinance and set May 18, 2020, as the public hearing date. Seconded by Commissioner Drummond and carried by a unanimous roll call vote. C. Read by title only, set May 18, 2020, as the public hearing date and approve the first reading of Ordinance No. 20-2181, amending Chapter 3 - Section 3.04 (B.3) the Drug -Free Workplace and Alcohol Policy of the City of Longwood Policies and Procedures to clarify language. Mr. Langley read Ordinance No. 20-2181 by title only. Mr. Gioielli presented the Item. Deputy Mayor Sackett moved to approve Ordinance No. 20-2181 and set May 18, 2020, as the public hearing date. Seconded by Mayor Morgan and carried by a unanimous roll call vote. D. City Commission authorization for staff to enter into negotiations with Unison GP LLC and bring back a formal agreement for the purchase of two cell tower easements. Mr. Gioielli presented the Item and said the City was approached by Unison GP LLC asking if we would be willing to negotiate the possibility of turning over two existing leases for cell phone towers at Fire Station #17 and the Water Tower, in exchange for a lump -sum payment of $770,000. The issue is that we do not know how long these cell phone contracts are going to be in existence. Essentially, they are interested in seeing if they can land new deals and bring other cell phone companies to the City at the existing sites. If they were to do that, they would split 50% of the revenue with the City. He said you would be losing the annual revenue which long-term would be of better value to the City, but CC 05-04-2020/8 there may be some benefit from us taking the lump -sum not knowing how much the market is going to change moving forward. There are some concerns and considerations we would have to work through before we recommend it. Whether or not there is a benefit for the City with COVID-19 being in place and not knowing how the financial forecast is going to be for the next year, there may be some benefit that outweighs in the long run. Discussion ensued on short-term benefits, effects COVID-19 would have on this, generating income and revenue from this deal, and the risks in having one company taking over management. Commissioner Drummond moved to authorize staff to enter into negotiations with Unison GP LLC, research further into other options, and bring back an agreement to the Commission for approval. Seconded by Commissioner Paris and carried by a four -to -one (4-1) roll call vote with Deputy Mayor Sackett voting nay. E. City Commission approval to award the Vehicle Damage Recovery Services to Alternative Claims Management (ACM). Mr. Gioielli presented the Item. Deputy Mayor Sackett moved to approve Item 12E as presented. Seconded by Commissioner Drummond and carried by a unanimous roll call vote. F. Read by title only and adopt Emergency Ordinance No. 20-2182, declaring a State of Emergency within the City of Longwood and adopting emergency regulations to address preparations and mitigation of COVID-19. Mr. Langley read Emergency Ordinance No. 20-2182 by title only. Mr. Gioielli presented the Item. He said we could probably get by without an extension of the order, however, there may be unforeseen issues that arise as we move through the different phases of reopening. He clarified it was without any specific knowledge or need at this time. The 61-day language was just to show the first day it would expire, as a formality. The language also includes that the Commission can rescind the order at any time, should it be necessary. CC 05-04-2020/9 Mr. Langley said this Emergency Ordinance has it built-in that it would automatically expire if the Governor's order would expire or be terminated. Commissioner Drummond moved to adopt Emergency Ordinance No. 20-2182 as presented Item 12F. Seconded by Commissioner Shoemaker and carried by a unanimous roll call vote. 13. CITY MANAGER'S REPORT Mr. Gioielli provided an update on COVID-19. As of this afternoon, Seminole County has 57 active cases and the City of Longwood has 6 active cases. All of them are at one facility. Staff continues to work effectively and efficiently remotely. Unless we receive other data or information as a result of the State moving through Phase 1, we are anticipating everyone returning to work on May 18t". We are taking information from other cities in Central Florida and we see a few have returned now and some are returning next week. The majority are giving two weeks. I think it is a cautious estimation of seeing what the initial Phase 1 is going to result in and the numbers and data we are going to get. We are anxious to get everybody back. Once our staff returns, we are going to have them working using social distancing. The City provided masks that are voluntary to use. We are going to have daily sanitation of the work areas and continue to use electronic meetings until we get into the final phases as identified by the State. We are almost finalized with the installation of glass partitions in all of our reception areas and we are properly equipped with all of the supplies needed for our staffs safety and protection. I am aware of no staff or any of their family that is ill or not feeling well as a result of this. If we return on May 18, we are anticipating opening our lobbies at the same time. I am open to the Commission's input, but I wanted to propose opening the Parks, the restrooms at Reiter Park, and the playgrounds after sanitation efforts are completed, on Saturday, May 16. We are continuing to see a decrease in calls at the police and fire department. Overall, crime is down. It has been suggested by staff that we take the first lead and open up the Farmer's Market on May 17. Unless there is any objection from the Commission, we would like to move forward with that and have the other events such as the Concert in the Park, Car Show, and the Father and Daughter Dance starting to open up in June if the data continues to support that position. We have received suggestions from restaurants and wanted to assure the Commission that everyone knows about the Temporary -Use Permits and they are taking advantage of the outside seating. We are going to see restaurants that have not had outside seating, start to have outside seating. They will have to get these Temporary -Use Permits and the City is going to approve those permits if it does not cause an issue for safety, CC 05-04-2020/10 which is the ingress, egress, accessibility for our first responders, and the ability of our citizens to get to their exits and all the things that are associated with that. We will continue to move along with budget preparations. I emailed the Commission about the Comprehensive Annual Financial Report (CAFR) being completed and the great work the Finance Department did. Regarding Babe Ruth, Mr. Gioielli suggested a motion be made on allowing Babe Ruth to waive their contractual obligations to the City for this year, allowing them to not make the payments they normally would. The payments they make to the City are based on how many games they have, the teams they have signed up, and their concession. They have collected no money. He asked the Commission to consider making a motion to waive their payment. The contract for naming rights at Reiter Park with Orlando Health has been signed. We can anticipate the first annual payment for that. We are meeting with West Construction on -site at Reiter Park on Wednesday to get some of the warranty issues fixed and come up with a plan to finalize some air conditioning, lighting, and tree issues for permanent satisfactory resolution for the City. The Publix on Longwood Hills Road and Lake Emma Road has received its Certificate of Occupancy and we are ready for them to tell us when they are going to open. He then shared an email from Nick Miyar, Senior Construction Manager for HGR Construction Inc. who built the new Publix commending the City building department team and City of Longwood's service and support. Deputy Mayor Sackett moved to support Babe Ruth in its financial situation and forgive all money due through this Spring/Fall semester amounting to under $7,000. Seconded by Mayor Morgan and carried by a unanimous roll call vote. 14. CITY ATTORNEY'S REPORT. No report. 15. CITY CLERK'S REPORT. No report. 16. ADJOURN. Mayor Morgan adjourned the meeting at 7:04 p.m. Minutes approved by City Commission: 05-18-2020 Matt Morgan, Mayor ATTEST: /S/ Michelle Longo, CIVIC, FCRM City Clerk The Official signed minutes are on file in the City Clerk's Office. CC 05-04-2020/11 This Page Left Blank Intentionally. CC 05-04-2020/12 Orlando Sentinel MEDIA GROUP 633 North Orange Avenue MP 130 Orlando, FL 32801 Account Name: CITY OF LONGWOOD Account Number: CU00121791 Attn: Liana Cartagena To Whom It May Concern: This is to confirm that the advertisement for CITY OF LONGWOOD published in The Orlando Sentinel on the following dates. Publication Date: Mar 12, 2020 Ad Caption: 03/12_City of Longwood RFP #03122020 Section: Seminole Zone Size: Order ID: 6625204 Cost: $307.69 Should you need further information, please feel free to contact me. Sincerely, VAMP"Representa ssistant The Orlando Sentinel /mdu State of Florida County of Orange The foregoing instrument was acknowledged before me this 17 day of March, 2020, by _ who is personally known to me. Not u is State of Florida at Large MARY A.A. VLLIAMS No:aryPub!ic 5;ateolnorida s; Commission t GG 148523 "•''t °. ?`` My Comm. ExoiresOct4.2021 cm O _N POO a U. 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'�� Pdra..fpbbWl.r.n i a..Pnunsa.w., 407-Zrhi9t.S CITY OF LONGWOOD Request for Proposal RFP #03122020 — Vehicle Damage Recovery Services Scapa of Services: The City of Longwood is seeking professional Micas to assist with vehicle damage recovery collection services for the City. The Consultant shall be highly knowledgeable in damage recovery of bath repairable and total loss claim processing and related expenses, as well as, diminution of value (related and inherent) and loss of use and/or loss of revenue. • Advertisement Date: March 12. 2020 • Non -Mandatory Pre -Proposal: March 26, 202D, at 9:00 AM EST in the Clry Hall Conference Room at 175 W. Warren Ave, Longwood, FL 32750 • Propasl Dm dmrs: Apr! % 2020r at 2:00 PM. Proposal opening tD immediately follow, at the City Commission Chambers at 175 W. Warren Ave, Longwood, FL 32750 Ordering lInstrrrctim This solicitation package can be downloaded from www.demandstarcom NOTE: ALL PROSPECTIVE RESPONDENTS ARE HEREBY CAUTIONED NOT TO CONTACT ANY MEMBER OF IXIY STAFF OR OFFICIALS OTHER THAN THE SPECIFIED CONTACT PERSON. StAffAw CWr4W turd Ws T*i 7b I Inquiries: Greg lOrby, Purchasing Manager, Gkirby®bngwood0.org POW —Thursday, Much 12, 2020 YOUR STORY. OUR HEADLINES. Dr..pf arrp.OApWd. i E"PMPMkW' two. a.d..mrwua,da I. n..rwnad.rwd., I.plb.fbl,q..d9 MbhM4bw i cw,purrry.Ffafd. I dAS EdwbL Dons. c«bbff..d.orWdL•Dw i0T-25kAZD0. Nfbr.rd.rfa. RsfdctauGrdr,.' Ol,bb.dp.rabGr.d FN,fd..atlWrprd.n W.d.bA...d.rr rdh.wm«dMrfian .bwpwan.Wn.. Ad..nc.f.pddN,f ,..r.d.saotaoam. MartA aa.Hrry P. W G.rd.nl.2o N.Fa.dAb. ar.rdafof«�.r, rwMw.tpkr n m74W .. 2D2a hwvf.a.mm _Of hba hbbn MMM fmfdr..Nw.dd.fa.d andW.rArew.p .d,.P•ah...nAd..r.. r.pd:n{Ien,..A.d10 M.dfakNrrya lbfGrdrnNZO N.F«.d Ar,OrWd.310 /ward.) n.nYNr.-% w. r07-Mb2L M .•O.:la.fnb.k W.. W,VdOa,dk.,ftc.rmW Fbd ft ...ftlr C.«d N.M.C.mwlp5... MdP.0—n.w N d%Md —ft eYbNanbrbrffom eaoaxPUnwd...ron eh...rs.b.ab rri..mtabedWh frpm9am4Pun.bd.b nM.baS.N«aNr uY..Aamrrp..dbya Pr.A«prat. R.brwbdr.da.d.•-D am MadN.bdt..lSApa DeW LT00rYfd.M., WkdbhrkfeSk.kd.. bDDkfm-� O..bn Y.c A,wkan.0f. NdR fbb0�t. tare. r,mbad0d.a,d CITY OF LONGWOOD Request for Proposal RFP #03122020 —Vehicle Damage Recovery Services Scope of Services: The City of Longwood is seeking professional services to assist with vehicle damage recovery collection services for the City. The Consultant shall be highly knowledgeable in damage recovery of both repairable and total loss claim processing and related expenses, as well as, diminution of value (related and inherent) and loss of use and/or loss of revenue. • Advertisement Date: March 12, 2020 • Non -Mandatory Pre -Proposal: March 26, 2020, at 9:00 AM EST in the City Hall Conference Room at 175 W. Warren Ave, Longwood, FL 32750 • Proposal Deadline: April 9, 2020, at 2:00 PM. Proposal opening to immediately follow, at the City Commission Chambers at 175 W. Warren Ave, Longwood, FL 32750 Ordering Instructions: This solicitation package can be downloaded from www.demandstar.com NOTE: ALL PROSPECTIVE RESPONDENTS ARE HEREBY CAUTIONED NOT TO CONTACT ANY MEMBER OF CITY STAFF OR OFFICIALS OTHER THAN THE SPECIFIED CONTACT PERSON. Inquiries: Greg Kirby, Purchasing Manager, Gkirby@longwoodfl.org Publish — Thursday, March 12, 2020 i ON ,r REQUEST FOR PROPOSAL LoNGN OOD ��- 1 F�•I lclii l . RFP # 03122020 VEHICLE DAMAGE RECOVERY SERVICES PRE -PROPOSAL CONFERENCE March 26, 2020 @ 10:00 AM City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 LAST DATE FOR QUESTIONS & CLARIFICATIONS April 2, 2020 @ 5:00 pm PROPOSAL DUE DATE April 9, 2020 at 2:00 pm Public Opening of Sealed Proposals Immediately Following Response Closing. City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 Alternative Claims Management ompany ame 16404 San Pedro Ave San Antonio TX 78232-2213 Mailing Address Randy Harris / CEO Company Principal/Title Authorized Signature SUBMIT PROPOSALS TO: City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 42-1694459 rude-ralmp oyer TD Number or STNumber 11 U-1 W Receipt of Addendum RHarris@a Itclaim.com 210-340-4400 Email Phone Randy Harris/ CEO Print Name/Title Greg Kirby, Purchasing Manager (407) 260-3451 - Fax Gkirby@longwoodfl.org THIS FORMAL NOTICE MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL hie -N, Required Submittals Qualifications & Experience Customer Service 4ktoernafive C L A I M S M A N A G E M E N T April 8, 2020 City of Longwood Purchasing Division 155 West Warren Avenue Longwood, FL 32750 RE: RFP #03122020 Submittal Dear Mr. Kirby: Alternative Claims Management, LLC (hereinafter referred to as ACM), is pleased to submit the attached response to the above referenced RFP. ACM, established in 1997, has offices in San Antonio, Texas and Winter Park, Florida, has experienced 10% growth every year, and recovered over $60+ million in claims annually. ACM's ownership and senior management have over 120 combined years of claims recovery expertise. ACM is a full -service physical damage claims recovery administrator handling claims from the date of the incident to the full settlement recovery and, when appropriate, salvage disposal. ACM has reviewed and examined the RFP, specifically "Section II — Scope of work" and is confident it has the experience and infrastructure to perform all the services sought and further feels it is uniquely qualified to be able to perform to the level the City of Longwood expects. ACM's ownership "authorized to make representations" consists of: Randy S. Harris, CEO 214-924-0500 RHarris@ALTCIaim.com 16404 San Pedro Avenue, San Antonio, TX 78232 Robert Krebs, Vice President 210-887-7633 Bkrebs@ALTClaim.com 16404 San Pedro Avenue, San Antonio, TX 78232 Ziad Khoury, Director 407-257-4576 ZKhoury@frontlinepe.com 1075 West Morse Blvd. Winter Park, FL 32789 16404 San Pedro Avenue I San Antonio, Texas 78232 1 Main Office (210) 340-4400 RFP #03122020 Submittal April 8, 2020 Page two ACM hereby attests that it has read the RFP in its entirety, is fully capable of performing all of the services being sought and outlined in the aforereferenced RFP and is able to meet all of the bonding and insurance requirements. Copies of the referenced insurance certificates showing the City of Longwood as an additional loss paid insured are attached. If ACM is awarded the RFP it intends to execute the proposed draft agreement as substantially written. ACM is pleased to report that it has a AAA rating with the Better Business Bureau and has never been the subject of any regulatory sanctions during its 23 years in business. Attached to this submittal are properly executed attachments A, B, C, D, E, F, G and H as well as the required documents in tabs 1,2, 3, 4 and 5. Also attached is Certificate of Good Standing from the Florida Department of State certifying Alternative Claims Management is authorized to transact business in the State of Florida. I would like to thank you for giving us the opportunity to provide services to the City of Longwood. If there are any questions or clarifications needed, they should be directed to Amanda Cruz @ 407-388- 4766 or ACruz(@ALTClaim.com. Randy S. Harris Randy S. Harris, President 16404 San Pedro Avenue I San Antonio, Texas 78232 1 Main Office (210) 340-4400 State of Florida Department of State I certify from the records of this office that ALTERNATIVE CLAIMS MANAGEMENT, LLC is a Texas limited liability company authorized to transact business in the State of Florida, qualified on January 12, 2015. The document number of this limited liability company is M15000000250. I further certify that said limited liability company has paid all fees due this office through December 31, 2020, that its most recent annual report was filed on January 16, 2020, and that its status is active. I further certify that said limited liability company has not filed a Certificate of Withdrawal. Given under my hand and the Great Seal of the ,State of Florida at Tallahassee, the Capital, this the Sixth day of April, 2020 A 0 9 -�- Secretary, of '.State Tracking Number: 3026581092CU To authenticate this certificate,visit the following site,enter this number, and then follow the instructions displayed. https:tlservices.suabiz.orgIFilingstCertificateOfStatustCertiricateAuthentication ATTACHMENT A - COMPENSATION PROPOSAL FORM IT IS ANTICIPATED THAT THE COMPENSATION PROPOSAL WILL VARY FROM VENDOR TO VENDOR —THE CITY RESERVES THE RIGHT TO REJECT ALL PROPOSALS AND RESOLICIT IF THE CITY ULTIMATELY DETERMINES IN ITS SOLE DISCRETION THAT THE. COMPENSATION PROPOSALSAREUNSATISFACTORYTOTHECITYORAREOTHERWISENOTINTHECITY'S BEST INTERESTS] Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Physical Damage based upon actual cost of repairs 0% retained Loss of Use Collect for Loss of Use 50% of what is recovered Loss of Revenue Collect for Loss of Revenue 50% of what is recovered Diminution of Value Collect for Diminution of Value 50% of what is recovered Repair Related Diminution of Value Collect for repair cost related to 50% of what is recovered Diminution of`Value Administrative Fees Administrative Fees 50% of what is recovered Total Loss Collect on vehicles processed and accepted 50% of the difference as "total loss" etween wholesale and etail Dormant Claims Collect on dormant claims beyond Client's collection efforts No additional fees Collect on non -vehicle property damage — Related Property Damage (light poles, stretchers, or specialty equipment, etc.) 10% of what is recovered Photo Scope Claims Photo for minor damages Up to $350 Other Costs/Fees Damage estimates, total loss evaluations, All reports are passed thru diminished value evaluations at cost. No administrative Other Commission .mark-ups Drug removal, equipment transfer, sanitation and other miscellaneous fees 50% of what is recovered. * Based upon Manheim Auto Auctions "Manheim Market Report" (MMR) ATTACHMENT B — PUBLIC ENTITY CRIME AFFIDAVIT SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths.) Before me, the undersigned authority, personally appeared Randy Harris who, being by me first duly sworn, made the following statements: 1. The business address of Alternative Claims Management (Name of Proposer or Consultant) is 16404 San Pedro Ave San Antonio TX 78232-2213 2. My relationship to Alternative Claims Management (Name of Proposer or Consultant) is Chief Executive Officer CEO . (relationship such as sole proprietor, partner, president, vice president, etc.) 3. 1 understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. 1 understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 5. 1 understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the Proposer or Consultant nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Proposer or Consultant nor any affiliate of the Proposer or Consultant has been convicted of a public entity crime subsequent to July 1, 1989. Signature/Date (undersigned authority) Sworn to and subscribed before me in the state of Florida and county of Seminole on the 8 day of April, 20 20 �.w Notary Public State d Florid® (affix sea]) Notary Public +� Blake A Webb My Commission GG 9175 O0 � Expires 0912912023�4j 04 0% 0% 0% 004 0% A Oil My commission expires ATTACHMENT C - PUBLIC RECORDS DISCLOSURE FORM PROJECT NAME Vehicle Damage Recovery Services RFP # 03122020 Vendor/CONSULTANT acknowledges and agrees to the following: The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Vendor. 2. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor's response to each such request. AUTHORIZED SIGNATURE DATE Apri18,2020 PRINT Randy Harris TITLE CEO COMPANY/FIRM Alternative Claims Management ATTACHMENT D - E VERIFICATION CERTIFICATION NAME OF CONSULTANT Alternative Claims Management ADDRESS 16404 San Pedro Ave San Antonio TX 78232-2213 The undersigned does hereby certify that the above named Consultant: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the Consultant will be providing services under the contract and consequently is unable to register to use the E-Verify system; or 3. Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the Consultant will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the Consultant provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Consultant acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. Ran-1y Harris _ CEO AUTHORIZED S1 NATURE PRINT NAME e TITLE DATE: 4/8/2020 ATTACHMENT E - CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA CITY OF -Longwood Before me, the undersigned authority, personally appeared Randy Harris who was duly sworn, deposes, and states: 1. I am the CEO of ACM with a local office in Winter Park FL and principal office in San Antonio TX 2. The above named entity is submitting an Expression of Interest for the City of Longwood project described as: RFP # 03122020 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own personal knowledge. 4. The Affiant states that only one submitting a Proposal for the above project and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity not its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract lettings by any local, State, or federal agency. 7. Neither the entity, not its affiliates, not any one associated with them has any potential conflict of interest due to any other clients, contracts, nor property interests for this project. 8. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Longwood. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Longwood. 10. In the event that a conflict of interest is identified in the provision of services, I, on behalf of the above named entity, will immediately notify City of Longwood. DATED this 8 day of Aril 2020 (Aff nt) Randy Harris Typed blame of Affiant CEO Title Sworn to and subscribed before me this 8 day of*Notary , 2 0 Personally known Notary Public 5t.ie a Flow," Blake A Webb OR produced identification lic-State of My Cammiulon GO at7540 � � Expired 0912912023 My commission expires (Type of identification) (Printed typed or stamped commissioned named of notary public) ATTACHMENT F - INSURANCE CONFIRMATION On behalf of our client, Alternative Claims Management LLC And by acknowledging with signature below, we have read and understand the insurance requirements for this Solicitation and Agreement. We can and will provide a Certificate of Insurance (COI) that is compliant with the insurance requirements stated in this Solicitation and Agreement should our client be awarded the project. Signaft a of Agent Rob Braun State Farm Agency Agency Project # & Title Keily Romero - Agent Team Member Print Name & Title 9330 LBJ F'rwy, Ste 1100 Dallas, TX 75243 Address 04/06/2020 Date *Insurance Companies may use their own Internal form in lieu of this document Iti�r CERTIFICATE OF LIAE THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATK THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATI% POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE C IMIIUK I ANT: If the certificate holder is an ADDITIONAL INS subject to the terms and conditions of the policy, certain polic confer rights to the certificate holder in lieu of such endorseml !nnr ireo METLIFE AUTO & HOME INS AGCYIPHS 47180001 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 INSURED ALTERNATIVE CLAIMS MANAGEMENT LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 I L ITY INSURANCE DATE (MMIDDIYYYY) 03/30 (2020 N ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. ELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), _RTIFICATE HOLDER. )RED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, as may require an endorsement. A statement on this certificate does not nt(s). CONTACT -NAME: PHONE (866)467-6730 FAX (888)443-6112 (AIC, No, Ext): (AIC, No); E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURERA: Hartford Fire Insurance Company 19682 INSURER B : INSURER C INSURER D INSURER E : INSURER F : OVERAGES CERTIFICATE NUMBER: 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 [ND ICATED.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. aR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER SR O COMMERCIAL GENM L LIABILITY CLAIMS -MADE OCCUR General Liability X X 47 SBA UY0431 X GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- I y I LOG x JECT I I OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED NON -OWNED AUTOS AUTOS UMBRELLA LIAR OCCUR EXCESS LIAS CLAIMS - MADE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YIN PROPRIETORIPARTNERIEXECUTIVE OFFJCERlMEMBER EXCLUDED? NIA (Mandatory in NH) If yes, descrihe under DESCRIPTION OF OPERATIONS below EMPLOYMENT PRACTICES LIABILITY 47 SBA UY0431 06/01 /2019 1 06/0112020 LIMITS :EACH OCCURRENCE DAMAGE TO RENTED PREMISES (Ea occunmei MED EX.P (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS -COMPIOPAGG COMBINED SINGLE LIMIT accident) BODILY INJURY (Peer person) BODILY INJURY (Per acctdent) PROPERTY DAM -AGE (Per accident) EACH OCCURRENCE AGGREGATE PER OTH- STATUTE ER E.L_ EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT p 06J0112019 06/01/2020 Each Claim Limit Aggregate Limit DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES (ACORD 101, Additional Remarks Schedule,. may be attached If more space is required) Those usual to the Insured's Operations. $1,000,000 $300,000 $10,000 $1,000.000 $2,000,000 $5,000 The City of Longwood Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 155 W WARREN AVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED LONGWOOD FL 32750-4107 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Q 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD AGENCY CUSTOMER ID: LOC#: ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY NAMEDINSUR€D METLIFE AUTO & HOME INS AGCY/PHS ALTERNATIVE CLAIMS MANAGEMENT LLC POLICY NUM6ER 16404 SAN PEDRO AVE SEE ACORD 25 SAN ANTONIO TX 78232-2213 CARRIER NAIC CODE SEE ACORD 25 EFFECTIVE DATE: SEE ACORD 25 ACORD 101 (2014101) C 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE DATE(MMfDDIYYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICA of 02/20HOLD0 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 polcy(ies) must be endorsed. If SUBROGATIONIS 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 METLIFE AUTO & HOME INS AGCY/PHS NAME: 47180001 PHONE (866)467-8730 __]FAX (877)905-2772 The Hartford Business Service Center (A/C, No, Ext): (ac No): 3600 Wiseman Blvd E-------------- MAIL San Antonio, TX 78251 ADDRESS: INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDOO AVE INSURER(S) AFFORDING COVERAGE INSURER A ; Great American E&E insurance INSURER e : Westchester Fire Insurance Company NAIC# 16691 00030 INSURER C : SAN ANTONIO TX 78232-2213 INSURER D : INSURER E : INSURER F : COVERAGES CERTIFICATE NUMBER: THIS ISINDIC TO CERTIFY THAT THE POLICIES QF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO TI ERTI TED.NOTWITHSTANDfNG ANY REQUIREMENT, TERM OR CONDITION QF ANY CONTRACT Of CERTIFICATE MAY BE ISSUED OR MAY TERMS, PERTAIN, THE INSURANCE AFFORDEEXCLUSIONS AND GONDITIQNS D BY THE POLK OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDL T ADDL SUER LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF POI @NSR WVD MM1DD MM1 COMMERCIAL GENERAL LIABILITY CLAIMS -MADE 0 OCCUR X Employment Practices B G71555471001 08/22/2019 081 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY a PRO- LOC JECT OTHER: AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS HIRED NON -OWNED AUTOS AUTOS UMBRELLA LIABJIAIE v�aurc EXCESS LIAR __[ ED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY YIN PROPR I ETO R/PARTNERIEXEC UTIVE OFFICER/MEMBER EXCLUDED? M/ A {Mandato(y in NH) Ef yes, describe under A I Professional Liability MPL1751878 I 08122/2019 1 0812 NU 1L INSURED NAMED ABOVE FOR THE POLICY PERIOD OTHER DOCUMENT WITH RESPECT TO WHICH THIS :IES DESCRIBED HEREIN IS SUBJECT TO ALL THE CED BY PAID CLAIMS. ICY EXP )QNyrn LIMITS EACH OCCURRENCE $1 000 000 DAMAGE TO RENTED PREMISES Ea urrenoa ?2/2020 MED EXP (Any one person) PERSONAL & ADV INJURY GENE RALAGGREGATE $1,000,000 PRODUCTS - COMPIOP AGG COMBINED SINGLE LIMIT IEa accidertO BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) EACH OCCURRENCE AGGREGATE PER STATUTE OTH- ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE 212020 E.L. DISEASE - POLICY LIMIT Each Claim Aggregate $2,000,000 $2,000,000 DESCRfPTION OF OPERATPONS /LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if mare apace is required) Those usual to the Insured's Operations. Certificate Holder is additional insured and a Waiver of Subrogation applies in favor of the Certificate Holder per the Professional Liability Coverage. —Ly �i w !J-000 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 175 W WARREN AVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED LONGWOOD FL 32750-4107 IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD CERTIFICATE OF LIB THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ON CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEN[ BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTIT REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. ImrUKIANI: If the certificate holder is an ADDITIONAL INSURED, the If SUBROGATION IS WAIVED, subject to the terms and Conditions of this certificate does not confer riahts to the rPrfifirmtu hnLFer :. i,_.. _: rmuvu :tm StateFarm Rob Braun State Farm 9330 LBJ Freeway Suite 1100 Dallas, TX 75243 INSURED — Alternative Claims Management, LLC 16404 San Pedro Ave San Antonio, TX 78232-2213 ►BILITY INSURANCE DATE(MMIDDIYYYY) 03/31/2020 .Y AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS I, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES 1TE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. he policy, certain policies may require an endorsement. A statement on Lich endorsement{s . COTACT NAME:Keily Romero PHONE 214-343-1515 214-348-6787 AIC No _ _.FAX ADDRESS: koll r0 DOREss: Y'@ bbraun,net INSURERIS) AFFORDING COVERAGE NAIC N INSURERA. State Farm Mutual Automobile lnsUranCe Company 25178 INSURER B ; INSURER C INSURER D : INSURER E : OVERAGES CERTIFICATE NUMBER: 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 HA INSR TR P— TYPE OF INSURANCE COMMERCIAL GENERAL LIABILITY CLAIMS -MADE I OCCUR — — — — -_ — ADDL J= SUER GEN'LAGGREGATE LIMIT APPLIES PER: POLICY PRO-- LOC OTHER: AUTOMOBILE LIABILITY Y Y ANY AUTO A OWNED AUTOS ONLY AUTOS HIRED NON -OWNED AUTOS ONLY AUTOS ONLY UMBRELLA LIAR OCCUR EXCESS LIAB CLAIMS -MADE DED RETENTION$ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPMETOWPARTNEWEXECUTIVE Y 1 N OFFICERWEMBER EXCLUDED? ❑ NIA (Mandatory in NH) If Yes, describe under DESCRIPTION OF OPERATIONS below I VE BEEN REDUCED BY PAID CLAIMS, POLICY NUMBER OUCY MbDY EFF MNUDD EXP -- _-- — LIMITS — EACH OCCURRENCE $ D GE O R NTED PREMISES tEa occurte— 5 MEDE one person $ - -- PERSONAL & ADV INJURY $ �— Lr[SUUVU I U - COMPIOP AGG I S I 042 5749-D15-43L-001 10/15/2019 04/15/2020 — MBINeDISINGLE LIMIT $ 0425749-D15-43L-001 04115/2020 10/15/2020 BODILY INJURY (Per persan) $ 2,000,OOC BODILY INJURY (Per acrAdenl) $ 2,000,000 PROPERTY DAMAGE Per ac$ 2,000,000 cident PIP $ 10,000 E.L. EACH ACCIDENT _$ E.L. DISEASE - EA EMPLOYE $ DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Rem irks Schedule, may be attached if more space is required) TE HOLDER City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 ACORD 25 (2016103) - POLICY LIMIT SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE nn O 1968-2 5 ACORD -CORPORATION rights reserved. The ACORD name and logo are registered marks of ACORD IN1486 132849.12 03-16-2016 Policy No. 042 5749-D15.43L-001 TE 99 01B ADDITIONAL INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM TRUCKERS COVERAGE FORM This endorsement is a part of your policy. Except for the changes it makes, all other terms of the policy remain the same and apply to this endorsement. It is effective at the same time as your policy unless a different effective date is specified by us in writing. The provisions and exclusions that apply to LIABILITY COVERAGE also apply to this endorsement. SCHEDULE Named Insured: Alternative Claims Management, LLC Name and Address of Additional Insured: City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 is an insured, but only with respect to legal responsibility for acts or omissions of a person for whom Liability Coverage is afforded under this policy. The additional insured is not required to pay for any premiums stated in the policy or earned from the policy. Any return premium and any dividend, if applicable, declared by us shall be paid to you. You are authorized to act for the additional insured in all matters pertaining to this insurance. We will mail the additional insured notice of any cancellation of this policy. If the cancellation is by us, we will give ten days notice to the additional insured. The additional insured will retain any right of recovery as a claimant under this policy_ FORM TE 99 01B — ADDITIONAL INSURED Texas Standard Automobile Endorsement Ed. Effective October 1,1988 TE 99 01B 6196AE WAIVER OF SUBROGATION UNDER THE LIABILITY COVERAGE Policy Number: 042 5749-D15-43L-001 Named Insured: Alternative Claims Management, LLC 16404 San Pedro Ave San Antonio, TX 78232-2213 Name and Address of Additional Insured Person or Organization: City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 This endorsement is a part of the policy. Except for the changes this endorsement makes, all other provisions of the policy remain the same and apply to this endorsement. It is agreed that we have no right of subrogation under Liability Coverage against the person or legal entity whose name is shown immediately following the title of this endorsement on the Declarations Page to the extent that you have waived your legal right to recover from that person or legal entity pursuant to a written contract you had duly executed with that person or legal entity prior to the accident or loss.. Page 1 of i O, Copyright, State Farm Mutual Automobile Insurance Company, 2015 6196AE Platte River Insurance Company Mailing Address: F.O. Box 5900, Madison, WI 53705-0900 CONTIN[JATION CERTIFICATE OBLIGEE: State of Texas Secretary of State 1019 Brazos - Suite 214, P.Q. Box 13697 Austin, TX 78701 RE: BOND NUMBER: 41080694 Customer #: BOND AMOUNT: $10,000.00 BOND TYPE: COLLECTION AGENCY -(CONTINUATION CERT.) THIRD PARTY DEBT COLLECTOR Platte River Insurance Company (hereinafter called the Company) in consideration of the payment of the premium of $200.00 _ hereby continues in force its bond numbered 41080694 for ALTERNATIVE CLAIMS MANAGEMENT LLC 16404 San Pedro Ave., SAN ANTN ONIO, TX 78232 for the extended period, beginning an the 24th day of August, 2019 , and ending on the 24th day of August, 2020 subject to the terms, conditions and limitations of said bond. ' This continuation certificate is executed upon the express conditions that the Company's liability under said bond, together with this and all previous continuation certificates shall not be cumulative and shall in no event exceed the amount specifically set forth in said bond or any existing certificate changing the amount of said bond. Signed, sealed and dated: July 25, 2019 Platte River Insurance Company By: 11M�� �L ttorney-in-Fact For enquiries please contact: CAPSPECIALTY 2121 N. California Blvd., Suite 300 Walnut Creek, CA 94596 Phone 800-462-8135 Fax 925-262-2727 1010 NFP Property & Casualty Services, Inc. Br, 8 Tern 85 CONTCNEW.DOC Rev. 4118 PLATTE RIVED INSURANCE COMPANY'. POWER OFATTORNEIY RTiC3W ALL 11�N IIY THESE PRESENTS, That the PLATTE RMW INgURANCI✓ COMPANY, a;corpnraiion of the. State of � ebraska havjng its principal offices in the pity of Middleton, Wisconsin, does make, constitute and appoint MiCHAEL D LAPRF4 DHB0 M MWU0UN RYAN ROGE-RS; KENr N p SHINE ---- —" --- JAl1 L T M.ARX YVONNE wEi41 I jIT $T t03�tS E1Zlbi BRowly; cOLI ZEN F. N"N its risettd Itiwfuli�ttgl}ne3'ta} irf�fact fo make, execute; seal and dhlL' be)salf as and cq cis of sure r surety and as its act and deedyt1d all bonds undertakings l slnp, proyided that no Uond or undertilking or. contl l etyshjp "ecttteci under tt>!s autitoriry shell exceed rn amount the'sum of - ALL WR['I'"1'F'N INSTRUMENTS AN AMOUNT IvOT TO l'XCEED$2,000,(N,00 =--- -- - ---� This Power.pt: t miey is granted and..is signed and sealed by facsimile under and by'the authority of the. follo"rResolution adopted-hy the Board of Directors of PI ATiE RIVER INSURAIICE COMPANY at a meeting duly eadl, and -he(d on the 8th da oE7an y nary; 2tlt)2 RESOI.V)KD£thatthePies�dgnt Executive Vice President VtCel e f are ranted Y air of 7 reusnrer acting rndividuaay or otlterYrisc " g the power ancFauthbrtt anon to a int b a Power off c+e the oseg on of exccutrriand: atteslin - ridsreby. Other wti[ings obligatory 1n ttie natal e: fhereaf,.one or P y .9 S hR :exta�trttg'.'and " mbie restdenit.vice-presidents, assistant secretaries and attorucy{s) in -fact; eacJi apppirttee t¢ have tite powers and duties usual'lo such offices to the`busrness of tiles company; tl3e sigriattire of such offecrs and si ai of the Company mag 6e affixed to any such power of attorney nr tq any certificate relating thereto byfacab, I and any suc$.ppwer of attorney. or ix rtificate bearing: such foes itiile sjgnittriros .Orsh facsimile seal shtlfl lie valid and binding upon rite Company, aud:any such power sir executed and certified by facsimile signal, , s:at- facsimile seal shall be valid and liirtding upon the Company in the future with respect to any bond . which .. i.. '.. hed':An such a ng or other writing obit dory is the ilxttitt tficrcol' to Y ppoiniiient•may he revoked For cause, or without carts@,`Eatj arty of said officers at any ante " : m conttectton Willi `6614gatiotis in favor Of the Florida Department of Transportation only, it is agreed `that powea tsUti aiiiftority hereby givenm the . Attoitiey-iti Fact jncludes any and alI consents far the ielease of retained percentages andfpr limit csttmtttes opt en" ' required by the State of Florida Department of Transportation. It is fully understood that consentgig to the St of �i®gdg.paitmeand-cont q c oniQ on making payment of thr final estimate, to the C ontrac",r and/or its assignee; shall not relieve this "io etv company of any Qf its ebiigauona udder its,hifttd. In.connection with obligations in favor of the Xentncky.Department of Highways only, it is agreed tIiat the power and authority hetiehy given -to the Attorney i?i FacF eantr0� be modified or revoked unless prior written pertona1'6*wsitch tntent'ha& been t;�ivcn to the C3pmrms Inner-.Depattmentof HT Ways of tfie CO. 'Onweatth of Kentucky at least tbirty [30}. days poor t� fEte indid�cafion 4iaevocation. izv WITIVE.S$ yvl>�RI C1I; rise PLATlE RIVIuIt INSC7RA-Ne C>Cit1Wl NA Yltas eairsed these presents to be signed by ttsoff7cerundersigned and its corporate seal to be hereto affixed duly attested, this 3rd day of May, 2017. Attest: I. n E. Rmpinski { i PI RI TE Vice President, Treasurer & C O aEt 'yofic c,apoftar i SEAL C 5pzanne M. Broadheatt Stephen 1.. Sills Asststatif Secretary . CEO & President STATE OR WISCONSIN ft CO fNTY up DANE h On the 3'd day of May, 2017 before me personally came Stephen I. Sills, to me known who being by me dulq sworn; did Asa iEnd say; that he resides In the County of New York, State df New Xurk; that he is president gf PLAIT RIVER IIYSURAiVCE CpMpANY,'the " Which executed t}ie above instivmeat; that he knows the seal of the'saud corporation; that.the seal affixed to said instruntenf rs po Orahott described in � d was so aBixed by order of the Bit oard of Directors of said corporation and that he signed7•us.riame,thereto byl_ike order.. LIMPe1e Re J. STATE al�'wrscotvslN David s COUNTY OF BANE 5-3.: Not ,Public Dane Co., WI MY COmmdssio# s Permanent I, the undersigned del elected to the office -stated belowi daw the titctimbent m PLATIE RIVER INSURANCE (UMPAir1Y,. a Nebraska Corpo>attgn authorized :join This ceitjficate DO HiyBY T1 lC th&t $►C €oregiring attached Power of Attori4� in full force and has not be8n te'O edl fit >7p a that the Resolution of the Joao of 19ityctiais, set forth iti the Power of Attorn 9s may"d+ 1fi force, Signed and s4W at'ijie o1 Mrddletoxt, State of Wiaeonsm'tbis dayof ; S AI.: P,titbnra Cclj 'w General. Counsel; Vice?Mident &-Seccretarq . T IiOC Qh"T IS NOT V. 16 UNLESS PItIN7' D ON GIt gkfADEDBA (#ROUND V HM R RSD SMRIAL NUMBER IN' UPPER RIGHT IiAN o C�..11 YOU IiAVgANY QUESTIONS CONCERNING BtAtM EMICIT T RM DQCWAEW CALI, 800 475-44M' FR-Pon Wv- 10-2017) DATE (MMIDDIYYYY) CERTIFICATE OF LIABILITY INSURANCE THIS CERTIFICATE IS ISSUED AS A MATTER OF 20 INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER O. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the Policy(ies) must be endorsed, If SUBROGATIONIS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT 1NSURICA TX INS SERVICES INC/PHS NAME: 46462144 PHONE (866)467-8730 FAX (888)443-6112 The Hartford Business Service Center (A/C, No, Ext): (AIC, No). 3600 Wiseman Blvd E-MAIL San Antonio, TX 78251 ADDRESS: INSURER($) AFFORDING COVERAGE NAIC# INSURED G Affil(a{eS ALTERNATIVE CLAIMS MANAGEMENT LLC INSURER A : Hartford Fire and Its P&00914 16404 SAN PERRO AVE INSURER B SAN ANTONIO TX 78232-2213 INSURER C : INSURER D : INSURER E : INSURER F COVERAGES THIS INDICATED CERTIERTIFIC CATE TERMS, INSR LTR CERTIFICATE IS TO CERTIFY THAT THE POLICIES OF .NOTWITHSTANDING ANY REQUIREMENT, MAY BE !&SUED OR MAY PERTAIN, EXCLUSIONS AND CONDITIONS OF SUCH TYRE OF INSURANCE ADDL I R COMMERCIAL GENERAL LIABILITY INSURANCE POLICIES. 5UBR NUMBER: LISTED BELOW HAVE TERM OR CONDITION THE INSURANCE AFFORDED LIMITS SHOWN POLICY NUMBER BEEN ISSUED OF ANY CONTRACT BY THE MAY HAVE BEEN POLICY EFF MMI D REVISION TO THE INSURED OR OTHER POLICIES DESCRIBED REDUCED BY POLICY EXP MBLOOIY NUMBER: NAMED ABOVE FOR THE POLICY PERIOD DOCUMENT WITH RESPECT TO WHICH THIS HEREIN 15 SUBJECT TO ALL THE PAID CLAIMS - LIMITS EACH OCCURRENCE CLAIMS -MADE ❑ OCCUR DAMAGE TO RENTED P EMI men MED EXP (Any one person) PERSONAL & ADV INJURY GENT AGGREGATE LIMIT APPLIES PER: POLICY 0 PRO- LOG GENERAL AGGREGATE PRODUCTS - COMPIOPAGG JECT OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO _LEa_ac&jdtn0 BODILY INJURY (Per person) ALL OWNED SCHEDULED BODILY INJURY (Par accident) AUTOS AUTOS HIRED NON -OWNED AUTOS AUTOS PROPERTY DAMAGE (Per accident) UMBRELLA LIAB OCCUR EXCESS LIAS CLAIMS. EACH OCCURRENCE AGGREGATE MADE DED RETENTION $ WORKERS COMPENSATION - A AND EMPLOYERS' LIABILITY ANY YIN PROPRIETOR)PARTNER[EXECUTIVE N/ A OFFICERIMEMBEREXCLUDED? (Mandatory In NH) X 46 WEC GB3808 09/08/2019 09/D$/2020 X PER STATUTE I OTH- IER_ E.L. EACH ACCIDENT $1,000 000 E.L. DISEASE -EA EMPLOYEE $1 .000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000 000 DESCRIPTION OF OPERATIONS / LOCATIONS/ VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Those usual to the Insured's Operations. Blanket Waiver of Subrogation applies in favor of the Certificate Holder per the Waiver of Our Right to Recover from Others Endorsement WC000313, attached to this policy. CERTIFICATE HOLDER CANCELLATION The City of Longwood Florida SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED 155 W WARREN AVE BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED LONGWOOD FL 32750-4107 IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE �AU(T'HORIZED 1--J llea/ 17f L l/i LGGi�> O 1988-2015 ACORD CORPORATION, All rights reserved, ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD ATTACHMENT G - DRUG -FREE 'WORKPLACE CERTIFICATION FORM IDENTICAL TIE PROPOSALS - In accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. ,..j -.� �� Randy S. Harris 4-8-20 ATTACHMENT H - AMERICANS WITH DISABILITIES ACT AFFIDAVIT The undersigned CONSULTANT swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding CITY. The CONSULTANT will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONSULTANT agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONSULTANT or any other party or parties to the Agreement for failure to comply with the ADA. The CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONSULTANT's acts or omissions in connection with the ADA. CONSULTANT: Alternative Claims Management Signature: Printed Name: Randy Harris Title: CEO Date: 4/8/2020 Affix Corporate Seal STATE OF Florida } ) ss CITY OF Longwood } The foregoing instrument was acknowledged before me this 8 day ©f Aril 20 20 by Rand H s ' of firm), on behalf of the firm. He/She is personally known to me or has produced NIA identification. --094- Print Name ..,, Wary pub1e State of F jonft Blake A Webb Notary Public in and for the CITY and State Aforemention a My commi.sion enaao " OW2W202323 My commission expires: RFP requirement Tab 2 Qualifications & Experience RFP: 03122020 RFP Requirement 0�� nnative C L A I M S M A N A E M E N T The Proposer shall include qualifications and past performance of the firm/individual(s) who will provide the services, including resumes. The submission must include: A. Show a minimum of 10 years' experience in the processing of physical damage claims. B. Experience will need to show a proven track record of recovering for diminution of value and loss of use and or loss of revenue. ACM's Response ACM was founded by Randy Harris and Robert Krebs in 1997 following their 14-year careers in the car rental industry. In 2006, ACM merged with Khoury Claims, a division of Frontline Performance Group. ACM now services multiple industry segments and collects over $60 +- million a year for its clients. A. Attached is a two -page brochure which further outlines RCM's expertise, qualifications and testimonials. B. Attached is single page of claim results dating back 13 years to 2008 showing claim files where ACM collected diminished value and loss of use. 16404 San Pedro Avenue I San Antonio, Texas 78232 1 Main Office (210) 340-4400 Who We Are Alternative Claims Management (ACM) is a claims management company founded in 1997 with offices in San Antonio, TX and Orlando, FL. Our unique program maximizes the settlements on Physical Damage„ Loss of Revenue/Use, Diminished Value and other losses related to accidents. Partnering with ACM will improve your bottom line using a streamlined process, proprietary methodology, and cutting -edge technology to ensure you are receiving the maximum reimbursement possible. Our customers value that ACM partners with them, saving both time and money, to gain full recovery from insurance companies. OUR HISTORY In 1997, Randy Harris and Robert Krebs, 14-year veterans of the car rental industry, left Super Star Rent A Car to form Alternative Claims Management (ACM). In 2006, ACM merged with Khoury Claims, a division of Frontline Performance Group. This merger added the technology and resources to create the leading firm in damage claims recovery. Today, ACM serves clients in multiple fleet industries and continues. to expand internationally. 301- 6010More Recovered on Average Over and Above Physical Damage ACM recovers over $60M a year in settlements for our clients and has processed over 200,000 claims. 0 Call us for your no -risk claims assessment: (407) 554-4000 What Our Clients Are Sayin( "ACM recovered thousands on old accident claims sitting in my file drawers." — Chief Operating Officer, Top 10 Limousine ComK "ACM made us whole on our loaner losses, with a st value for total losses," — General Manager, Mercedes-Benz Dealership, C) Program Benefits Get fleet vehicles back in service quicker d Let us handle the hassle of managing claims ar with insurance companies Eliminate being charged insurance deductible Minimize loss runs and possibly lower your pre. V Pursue claims up to six years old' .�` Recovery for damaged equipment and towing/storage fees V Use the body shop of your choice V Track status of your claims in real-time with ACM's cloud -based portal V No upfront costs or per -claim fees 'Varies by state k. (407) 554-4000 4Aoioternalfiove N Results@AltClaim.com CLAIM S MANAGEMENT 4 www.AitClaim.com *ternatj CLAiM5 MAMA[ emrzr: 2008 Collection Report Showing Recovery of Loss of Use and Diminished Value Alternative # Client # Date Paid Damages Loss Of Use diminished 56260 3060177B 1 Value 63615 W91604 /2/20D8 1/3/2008 $130.44 $119.53 $30.49 $39.14 $26.09 59041 80256 1/3/2008 $49.90 $31.90 $28.25 $7.49 67781 65407 037242-5 1/4/2008 $660.20 $151.50 $49.52 61129 854663 7170121A 1/4/2008 1/4/2008 $102.83 $0.00 $11.03 $24.22 66919 6670215X 1/4/2008 $8,740.28 $220.28 $100.D0 $ 72 $965.65.89 6537 62578 9870497A 1/4/2008 $55.41 $28.43 $11.08 58544 6072 80088 1/4/2008 1/4/2008 $4,875.68 $180.07 $499.90 $965.13 67013 80608 1/4/2008 $649.50 $48.08 $154.75 $43.93 $97.43 64958 67496 80324 1/4/2008 $863.73 $419.94 $129.55 63989 A7607107 1/7/2008 $4,610.12 $3.,050.00 $666.52 9470076A 1/7/2008 $36.32 $6.44 $5.45 57385 63203 7160540A 1/7/2008 $3,928.80 $1,739.85 $1,019.70 1870040A 1/7/2008 $10.00 $69.99 $42.51 62512 7170345B 1/7/2008 $68.57 $28.15 $5.14 53220 3716F 1/8/2008 $30.30 $11.86 $4.55 57411 U4739F 1/8/2008 $S6.15 $27.00 $11.23 65808 67382 15882 1/8/2008 $OAD $,12E7 3.59 $778.40 63919 851340 1/8/2008 $3,213.60 $1,126.77 $778.40 63919 517720 1/8/2008 $1,233.92 $313.47 $256.78 6SS46 4891 1/8/2008 $1,394.60 $599.90 $278.92 66310 4352 4164123 1/8/2008 1/8/2008 $0.00 $965.17 $295.92 $303.31 $200.00 67925 A7556287 1/8/2008 $961.18 $140.00 $144,78 $144.18 46996 67162 60876 1/8/2008 $32.87 $53.97 551$4 746211 1/8/2008 $2'995.23 $451.68 $334�34-6 b9 60766 472733-2 182008 $177.17 $108.90 $125.35 20015 1/9/20D8 $88.04 $27.98 $21.20 57503 Q97019 1/9/2008 $64.09 $17.53 $9.61 60454 7160739C 1/9/2008 $440.60 $149.97 $44.05 68083 C7548525 1/11/2008 $1,683.63 $166.95 $252.54 67327 46349 1/11/2008 $2,747.29 $665.00 $661.82 63047 36403 1/11/2008 $0.00 $22.90 $53.32 68020 456781-3 1/11/2008 $656.70 $168.00 $136.00 65821 48004 1/11/2008 $485.70 $192.47 $72.85 66392 437216-3 1/11/2008 $1,000.00 $364.04 $303.12 67468 237011 1/11/2008 $1,126.20 $229.33 $200.00 55835 786574 1/11/2008 5125.24 $31.40 $30.75 67307 880134 1/11/2008 $1,451.76 $709.45 $SD0,00 64537 770450 1/11/2008 $0.00 $399.80 $260.76 04M003646 913706 1/11/2008 $1,537.81 $610.64 $1,534.42 52704 2960011A 1/11/2008 $61.78 $16.08 $15.45 66752 21416 1/11/2008 $1,654.82 $308.00 $165.48 $49,265.23 $12,442.13 $11,017.39 RFP Requirement Tab 3 Procedural Plan RFP. 03122020 RFP Requirement 40t00"� terna�tive CLAIMS MANAGEMENT The Operational Plan shall demonstrate the Proposer's compliance with the Proposal specifications and demonstrate their understanding of the requirements and needs of this RFP. A. Have a computer system where the municipality can view the progress of all files and has current technology to safeguard the information and electronically upload files. B. Show the skills, ability and legal expertise to process and recover for damaged vehicles as a total loss where the damages are as low as 50% damage to actual cash value. C. Show the ability to handle damaged vehicle/salvage disposal and have title branding knowledge and statutory awareness for compliance on a national basis. ACM's Response ACM has read and completely understands the "scope of work" the City of Longwood is looking for as outlined in the RFP. The first page titled "Lifecycle of a claim from date of submission to closure" details each and every step taken which fully complies with the "scope of work" being sought. A) Pages 2 — 5 titled "Tracker", outline ACM's customized claim processing software which is built on a SalesForce platform. This system is fully transparent, and all clients have access to their claim files (only). They can view all documents sent and received, copies of payments received, and all claim handlers notes outlining the claim status and discussions. B) The third document titled "Total loss percentage analysis" shows 35 claims which were processed using supporting case law stemming from the provisions set forth in Section 928 of the Restatement of Torts, allowing ACM to process claims as total loss files where the damages are as low as 21 %. C) The 4t" document(s) are of Section 319.30 of the Florida Statutes and DMV form HSMV 82363 which outlines the State of Florida's title branding statute and the form utilized to properly evaluate the type of brand associated with the damages sustained to the vehicle. 16404 San Pedro Avenue I San Antonio, Texas 78232 1 Main Office (210) 340-4400 lifecycle of a claim from date of submission to closure Photo Carrier Damage Settlement LSubmit> > Review Recover Scope) IA Demand y 60 Days) analysis Negotiation �� Y ) • New client users are onboarded • New users are setup in ACM Tracker • Claims are submitted via email or Tracker • CSA reviews claim for completeness • Missing data or documents is collected • Client has both CSA-assisted and self-service status tracking options • Data entry and processing is validated for complete accuracy and documentation completeness • Files scrubbed for accuracy (claim number, limits, etc.) • Physical damage sent to carrier • As needed... • ACM's proprietary Independent Appraisal is requested • ACM's Photo Scope (visual assessment) is conducted where pictures are readily available for minor damage • Keeps vehicle in service • Previously not claimed • Damage Recovery (DR) agent validates documentation and photos • DR reviews claim for fault and sets strategy for argument • Loss or Use, Inherent Diminution of Value, and/or Repair Related Diminution of Value details submitted to Carrier ACM adjusters negotiate directly with at - fault carrier • Use state and local case law and regulations in arguments • ACM subject matter experts "educate" at - fault adjusters on the facts to win higher settlements • Leverage our external legal counsel as needed • Accident reconstruction • ACM receives payment • ACM makes payment to client with supporting statement details • Payments processed monthly • 100% transparency • Full claim details available in Tracker • Detailed reporting and analysis is conducted • Advanced analytic capabilities through ACM Tracker (ACM's dynamic Cloud Based Platform) Vf � ItI Tracker Powered by: Alternative Claims Management Track Claim Status I Upload Documents j Contact Client Service to..... 6 L A I M S ! N T Claims Made Simple. Alternative Claims Management www.AltClaim.com 210-340-4400 I Use Search tool to locate claims by driver, 3rd party name, vehicle #, claim #, make, etc. 3 Main Sections View Accounts is used for sub -offices or multiple locations �[I'ternalive/ACCOUNTS HOME CLAIMS FEEDBACKwelcomtoThe ew Comm nity laims, communicam, and get dates about pen claims. If you are having troublee calk us directly at 210.3at claims@altclaim.c m, For genera! mmulties feedback please use the give feedback sebove, Thank You. Each heading or 7 tab is clickable AWAITING DATA -FEN t LAIN1s'ECENTLY CLOSED ALL CLAIMS tr CLAINI STATUS 0 OF CLAIMS PRELIM EST NET DUE IIET RECV'D NET SALAI,CE New Claim 1 S.00 Soo 5.00 Soo Claim Processing 3 Soo Soo S.00 $.00 Material damage 1 Soo Soo $ 00 Soo Subrogation • Full Claim 1 S.00 $2.773.21 S.00 $2,773.21 ® Sui ,cgavon - Remair%jg Sala-.. 2 S15,78240 S120.024_0C 511348 9C $93-615.22 Click on View to open up more details on claims Note: Click on Open Claims to show the # of claims in each stage ,4000�t'ewornaflve Alternative Claims Management " $ """""" "' www.A]tClaim.com Claim Accoant tone TYPE TOTALS Client Information Ch r Claim Record Cs;— �;,mber 00406555 Chertcla:mfi Q N/A Date Received When you open up a claim, you can upload documents, send a question or comment to our team, and view recent activity below the Posts section. Ctaim ra,mrter Lega , ACM Claim e 2 - Claim Processing 00406555 Claim Billing Details NET DUE 1,ET RECV'D WRITE OFF s0.00 50.00 so.00 Claim Details a, t rr, �catact r—'-! Stage 2 • Claim Processing 3ot— Awatting Data - Client tlent Steps UploadFiles u Up oad Ries + Fak.w Edit rsET BALAIICE $o.00 Upload Photos Upload multiple files directly to the claim, then hit finish when done. drop files POSTS RELATE© DETAILS Post Share an update Posts USO the post below to send messages Posts comments or questions here. To reply directly to a person use the "@" symbol then type their name. Our client service team will be alerted to your message and respond within 24hrs. HOME,,,_CLAIMS ACCOUNTS GIVE FEEDBACK Use the top navigation menu to return to the Home page, or submit feedback & comments. . ,terRative Alternative Claims Management www.AltClaim.com icFor best performance, please use Google Chrome, e as other browsers may cause error messages. Download it here: htWs:J/www.google.com/chrome To be able to download PDF documents in our system, you may need to adjust a setting in Chrome as follows: Go to Settings, then scroll to the bottom to Advanced, and On startup (D Open the New Tab page Q Continue where you left off Q Open a spec fic page or set of pages click arrow to open. Advanced Under Privacy and security, click Content settings. Manage certificates Manage HTTPS/SSL certificates and settings —� Content settings Control what information websites can use and what content they can show you Clear Drowsing data Clear history, cookies, cache, and more Scroll down and select PDF documents. Make sure this is turned to the "on" position. PDF documents Download PDF files instead of automatically opening them in Clirome That is it! .lust back out or close that tab and you're all set! tel'Ratl'Ve Alternative Claims Management C4q�M5 MgXg4EMENT www.AltClaim.com 91 TOTAL LOSS PERCENTAGE ANALYSIS CLIENT CLIENT ESTIMATE ACV ESTIMATE TOTALALIERNATIVEr-, 125645 559110554 $4,004.44 $19,000.OQ • ACV 21% COLLECTED $19,478.40 142063 5228826Q3 $4,475.34 $17,725.00 25% $17,811.50 138900 7 2658903 $5,250.71 $19,450.00 27% $20,191.75 127597 567518545 $5,755.26 $20,737.50 ° 28 /o $2.1,791.76 1477a5 551653594 $5,944.i4 $19,899.10 30% $22,444.85 134997 802183045 $6,118.58 $19,900.00 31 $21,400.50 128087 503846092 $6,46i.70 $1$,93$.45 34% $19,938.45 128429 567523375 $7,258.76 $20,621.65 i 35% $21,627.83 148490 505384$10 $6,013.20 $16,850.00 36% $16,438.50 124360 500596025 $6,689.36 $18,425.00 36% $18,845.70 130671 500241055 $6,881.97 $17,525.00 39% $17,690.50 136178 503280934 $9,431.66 $23,721.90 40% $24, 942.35 155912 503453510 $9,208.74 $22,381.50 41% $23,394.50 135022 507349706 $9,112.75 $22,125.00 41 $24,464.50 139000 12659522 $15,853.20 $37,838.85 42% $39,494.45 137118 504446406 $8,344,00 $19,750,00 ° 42/0 $21, 323.00 123791 563635192 $7,506.57 $17,649.90 430% $18,331.13 149075 1260457-2 $6,018.86 $13,600.00 44% $15,075.58 133068 14-13 $7,210.66 $15,949.85 45% $16,921.35 125874 540843321 $12,960.33 $28,600.00 45 /o $28,755.75 137241 571576913 $7,6ra7.28 $16,800.00 0 4filo $17,976.00 140019 11516727083 $11,514.09 $24,757.15 47% $27,406,59 137186 544536263 $8,301.92 $17,350.00 4 %% $18,483.00 129999 543538973 $8,111.79 $16,525.00 49% $77,111.Sfl 722005 438736793 $7,961.09 $16,125.00 49% $16,734.83 134620 507347422 $9,834.40 $19,406.15 51% $21,262.50 133087 14-14 $8,543.56 $16,425.00 52% $17,721.75 141349 1297967-6 $12,858.15 $23,501.65 55% $24,057. 11 137627 503297270 $12,661.03 $22,550.00 56% $23,084.90 155566 410152324 $8,666.07 $15,425.00 56% $15,464.83 143298 551242090 $13,783.49 $24,044.30 57% $23,655.80 146890 503412711 $8,091.60 $12,875.00 63% $9,028.20 121464 553860123 $23,850.25 $27,179.20 88% $27,131.50 124083 556673154 $14,092.25 $16,000.00 88°10 $15,539.85 139399 580246951 $18,305.72 $18,275.00 10()% $18,761.00 CLAIMS PAID AS TOTAL LOSSES - 35 25 or 71% involved damages below 50% Statutes & Constitution :View Statutes : Online Sunshine Page l of 11 Select Year: 2019 v Go The 2019 Florida Statutes Title XXIII Chapter 319 View Entire Chapter MOTOR VEHICLES TITLE CERTIFICATES 319.30 Definitions; dismantling, destruction, change of identity of motor vehicle or mobile home; salvage.— (1) As used in this section, the term: (a) "Certificate of destruction" means the certificate issued pursuant to s. 713.78(11) or s. 713.785 (7)(a)• (b) "Certificate of registration number" means the certificate of registration number issued by the Department of Revenue of the State of Florida pursuant to s. 538.25. (c) "Certificate of title" means a record that serves as evidence of ownership of a vehicle, whether such record is a paper certificate authorized by the department or by a motor vehicle department authorized to issue titles in another state or a certificate consisting of information stored in electronic form in the department's database. (d) "Derelict" means any material which is or may have been a motor vehicle or mobile home, which is not a major part or major component part, which is inoperable, and which is in such condition that its highest or primary value is in its sale or transfer as scrap metal. (e) "Derelict motor vehicle" means: 1. Any motor vehicle as defined in s. 320.01(1) or mobile home as defined in s. 320.01(2), with or without all parts, major parts, or major component parts, which is valued under $1,000, is at least 10 model years old, beginning with the model year of the vehicle as year one, and is in such condition that its highest or primary value is for sale, transport, or delivery to a licensed salvage motor vehicle dealer or registered secondary metals recycler for dismantling its component parts or conversion to scrap metal; or 2. Any trailer as defined in s. 320.01(1), with or without all parts, major parts, or major component parts, which is valued under $5,000, is at least 10 model years old, beginning with the model year of the vehicle as year one, and is in such condition that its highest or primary value is for sate, transport, or delivery to a licensed salvage motor vehicle dealer or registered secondary metals recycler for conversion to scrap metal. (f) "Derelict motor vehicle certificate" means a certificate issued by the department which serves as evidence that a derelict motor vehicle will be dismantled or converted to scrap metal. This certificate may be obtained by completing a derelict motor vehicle certificate application authorized by the department. A derelict motor vehicle certificate may be reassigned only one time if the derelict motor vehicle certificate was completed by a licensed salvage motor vehicle dealer and the derelict motor vehicle was sold to another licensed salvage motor vehicle dealer or a secondary metals recycler. (g) "independent entity" means a business or entity that may temporarily store damaged or dismantled motor vehicles pursuant to an agreement with an insurance company and is engaged in the http://www.leg.state.fl.us/statutes/index.cfin?App modc:�Disp]ay_Statute&URL=0300-0399/0319/Sections/03I... 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 2 of I I sale or resale of damaged or dismantled motor vehicles. The term does not include a wrecker operator, a towing company, or a repair facility. (h) "Junk" means any material which is or may have been a motor vehicle or mobile home, with or without all component parts, which is inoperable and which material is in such condition that its highest or primary value is either in its sate or transfer as scrap metal or for its component parts, or a combination of the two, except when sold or delivered to or when purchased, possessed, or received by a secondary metals recycler or salvage motor vehicle dealer. (i) "Late model vehicle" means a motor vehicle that has a manufacturer's model year of 7 years or newer. (j) "Major component parts" means: 1. For motor vehicles other than motorcycles, any fender, hood, bumper, cowl assembly, rear quarter panel, trunk lid, door, decklid, floor pan, engine, frame, transmission, catalytic converter, or airbag. 2. For trucks, in addition to those parts listed in subparagraph 1., any truck bed, including dump, wrecker, crane, mixer, cargo box, or any bed which mounts to a truck frame. 3. For motorcycles, the body assembly, frame, fenders, gas tanks, engine, cylinder block, heads, engine case, crank case, transmission, drive train, front fork assembly, and wheels. 4. For mobile homes, the frame. (k) "Major part" means the front-end assembly, cowl assembly, or rear body section. (1) "Materials" means motor vehicles, derelicts, and major parts that are not prepared materials. (m) "Mobile home" means mobile home as defined in s. 320.01(2). (n) "Motor vehicle" means motor vehicle as defined in s. 320.01(1). (o) "National Motor Vehicle Title Information System" means the national mandated vehicle history database maintained by the United States Department of Justice to link the states' motor vehicle title records, including Florida's Department of Highway Safety and Motor Vehicles' title records, and ensure that states, law enforcement agencies, and consumers have access to vehicle titling, branding, and other information that enables them to verify the accuracy and legality of a motor vehicle title before purchase or title transfer of the vehicle occurs. (p) "Parts" means parts of motor vehicles or combinations thereof that do not constitute materials or prepared materials. (q) "Prepared materials" means motor vehicles, mobile homes, derelict motor vehicles, major parts, or parts that have been processed by mechanically flattening or crushing, or otherwise processed such that they are not the motor vehicle or mobile home described in the certificate of title, or their only value is as scrap metal. (r) "Processing" means the business of performing the manufacturing process by which ferrous metals or nonferrous metals are converted into raw material products consisting of prepared grades and having an existing or potential economic value, or the purchase of materials, prepared materials, or parts therefor. (s) "Recreational vehicle" means a motor vehicle as defined in s. 320.01(1). (t) "Salvage" means a motor vehicle or mobile home which is a total loss as defined in paragraph (3) (u) "Salvage certificate of title" means a salvage certificate of title issued by the department or by another motor vehicle department authorized to issue titles in another state. (v) "Salvage motor vehicle dealer" means salvage motor vehicle dealer as defined in s. 320.27(1)(c) 5. http://ww w.leg. state. fi. us/statutes/index. cftn?App_mode=Display_Statute& URL=03 00 -03 99/0319/Sections/0 31... 4/7/2 020 Statutes & Constitution :View Statutes : Online Sunshine Page 3 of l I (w) "Secondary metals recycler" means secondary metals recycler as defined in s. 538.18. (x) "Seller" means the owner of record or a person who has physical possession and responsibility for a derelict motor vehicle and attests that possession of the vehicle was obtained through lawful means along with all ownership rights. A seller does not include a towing company, repair shop, or landlord unless the towing company, repair shop, or landlord has obtained title, salvage title, or a certificate of destruction in the name of the towing company, repair shop, or landlord. (2)(a) Each person mentioned as owner in the last issued certificate of title, when such motor vehicle or mobile home is dismantled, destroyed, or changed in such manner that it is not the motor vehicle or mobile home described in the certificate of title, shall surrender his or her certificate of title to the department, and thereupon the department shall, with the consent of any lienholders noted thereon, enter a cancellation upon its records. Upon cancellation of a certificate of title in the manner prescribed by this section, the department may cancel and destroy all certificates in that chain of title. Any person who knowingly violates this paragraph commits a misdemeanor of the second degree, punishable as provided in s. 775.082 or s. 775.083. (b)1. When a motor vehicle, recreational vehicle, or mobile home is sold, transported, delivered to, or received by a salvage motor vehicle dealer, the purchaser shall make the required notification to the National Motor Vehicle Title Information System and it shall be accompanied by: a. A valid certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; b. A valid salvage certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; or c. A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller. 2. Any person who knowingly violates this paragraph by selling, transporting, delivering, purchasing, or receiving a motor vehicle, recreational vehicle, or mobile home without obtaining a properly endorsed certificate of title, salvage certificate of title, or certificate of destruction from the owner or does not make the required notification to the National Motor Vehicle Title Information System commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (c)1. When a derelict motor vehicle is sold, transported, or delivered to a licensed salvage motor vehicle dealer, the purchaser shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Information System and record the date of purchase and the name, address, and valid Florida driver license number or valid Florida identification card number, or a valid driver license number or identification card number issued by another state, of the person selling the derelict motor vehicle, and it shall be accompanied by: a. A valid certificate of title issued in the name of the seller or properly endorsed over to the seller; b. A valid salvage certificate of title issued in the name of the seller or properly endorsed over to the seller, or c. A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller. 2. If a valid certificate of title, salvage certificate of title, or certificate of destruction is not available, a derelict motor vehicle certificate application shall be completed by the seller or owner of the motor vehicle or mobile home, the seller's or owner's authorized transporter, and the licensed salvage motor vehicle dealer at the time of sale, transport, or delivery to the licensed salvage motor vehicle dealer. The derelict motor vehicle certificate application shalt be used by the seller or owner, the seller's or owner's authorized transporter, and the licensed salvage motor vehicle dealer to obtain a http://www.leg.state.#l.uslstatuteslindex.efin?App_mode=Display_Statute& U RL=03 00-039910319/SectionsIO31... 417/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 4 of I 1 derelict motor vehicle certificate from the department. The derelict motor vehicle certificate application must be accompanied by a legible copy of the seller's or owner's valid Florida driver license or Florida identification card, or a valid driver license or identification card issued by another state. If the seller is not the owner of record of the vehicle being sold, the dealer shall, at the time of sale, ensure that a smudge -free right thumbprint, or other digit if the seller has no right thumb, of the seller is imprinted upon the derelict motor vehicle certificate application and that a legible copy of the seller's driver license or identification card is affixed to the application and transmitted to the department. The licensed salvage motor vehicle dealer shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Information System and secure the derelict motor vehicle for 3 full business days, excluding weekends and holidays, if there is no active lien or a lien of 3 years or more on the department's records before destroying or dismantling the derelict motor vehicle and shall follow all reporting procedures established by the department, including electronic notification to the department or delivery of the original derelict motor vehicle certificate application to an agent of the department within 24 hours after receiving the derelict motor vehicle. If there is an active lien of less than 3 years on the derelict motor vehicle, the licensed salvage motor vehicle dealer shall secure the derelict motor vehicle for 10 days. The department shall notify the lienholder that a derelict motor vehicle certificate has been issued and shall notify the lienholder of its intention to remove the lien. Ten days after receipt of the motor vehicle derelict certificate application, the department may remove the lien from its records if a written statement protesting removal of the lien is not received by the department from the lienholder within the 10-day period. However, if the lienholder files with the department and the licensed salvage motor vehicle dealer within the 10-day period a written statement that the lien is still outstanding, the department shall not remove the lien and shall place an administrative hold on the record for 30 days to allow the lienholder to apply for title to the vehicle or a repossession certificate under s. 319.28. The licensed salvage motor vehicle dealer must secure the derelict motor vehicle until the department's administrative stop is removed, the lienholder submits a lien satisfaction, or the lienholder takes possession of the vehicle. 3. Any person who knowingly violates this paragraph by selling, transporting, delivering, purchasing, or receiving a derelict motor vehicle without obtaining a certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate application; enters false or fictitious information on a derelict motor vehicle certificate application; does not complete the derelict motor vehicle certificate application as required; does not obtain a legible copy of the seller's or owner's valid driver license or identification card when required; does not make the required notification to the department; does not make the required notification to the National Motor Vehicle Title Information System; or destroys or dismantles a derelict motor vehicle without waiting the required time as set forth in subparagraph 2. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (3)(a)1. As used in this section, a motor vehicle or mobile home is a "total loss": a. When an insurance company pays the vehicle owner to replace the wrecked or damaged vehicle with one of like kind and quality or when an insurance company pays the owner upon the theft of the motor vehicle or mobile home; or b. When an uninsured motor vehicle or mobile home is wrecked or damaged and the cost, at the time of loss, of repairing. or rebuilding the vehicle is 80 percent or more of the cost to the owner of replacing the wrecked or damaged motor vehicle or mobile home with one of like kind and quality. 2. A motor vehicle or mobile home shall not be considered a "total loss" if the insurance company and owner of a motor vehicle or mobile home agree to repair, rather than to replace, the motor vehicle http://www.Ieer.state.fl.us/statutes/index.cfrn?App 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 5 of 11 or mobile home. However, if the actual cost to repair the motor vehicle or mobile home to the insurance company exceeds 100 percent of the cost of replacing the wrecked or damaged motor vehicle or mobile home with one of like kind and quality, the owner shall forward to the department, within 72 hours after the agreement, a request to brand the certificate of title with the words "Total Loss Vehicle." Such a brand shall become a part of the vehicle's title history. (b) The owner, including persons who are self -insured, of a motor vehicle or mobile home that is considered to be salvage shall, within 72 hours after the motor vehicle or mobile home becomes salvage, forward the title to the motor vehicle or mobile home to the department for processing. However, an insurance company that pays money as compensation for the total loss of a motor vehicle or mobile home shall obtain the certificate of title for the motor vehicle or mobile home, make the required notification to the National Motor Vehicle Title Information System, and, within 72 hours after receiving such certificate of title, forward such title by the United States Postal Service, by another commercial delivery service, or by electronic means, when such means are made available by the department, to the department for processing. The owner or insurance company, as applicable, may not dispose of a vehicle or mobile home that is a total loss before it obtains a salvage certificate of title or certificate of destruction from the department. Effective January 1, 2020: 1. Thirty days after payment of a claim for compensation pursuant to this paragraph, the insurance company may receive a salvage certificate of title or certificate of destruction from the department if the insurance company is unable to obtain a properly assigned certificate of title from the owner or lienholder of the motor vehicle or mobile home, if the motor vehicle or mobile horse does not carry an electronic lien on the title and the insurance company: a. Has obtained the release of all liens on the motor vehicle or mobile home; b. Has provided proof of payment of the total loss claim; and c. Has provided an affidavit on letterhead signed by the insurance company or its authorized agent stating the attempts that have been made to obtain the title from the owner or lienholder and further stating that all attempts are to no avail. The affidavit must include a request that the salvage certificate of title or certificate of destruction be issued in the insurance company's name due to payment of a total loss claim to the owner or lienholder. The attempts to contact the owner may be by written request delivered in person or by first-class mail with a certificate of mailing to the owner's or lienholder's last known address. 2. If the owner or lienholder is notified of the request for title in person, the insurance company must provide an affidavit attesting to the in -person request for a certificate of title. 3. The request to the owner or lienholder for the certificate of title must include a complete description of the motor vehicle or mobile home and the statement that a total loss claim has been paid on the motor vehicle or mobile home. (c) When applying for a salvage certificate of title or certificate of destruction, the owner or insurance company must provide the department with an estimate of the costs of repairing the physical and mechanical damage suffered by the vehicle for which a salvage certificate of title or certificate of destruction is sought. If the estimated costs of repairing the physical and mechanical damage to the mobile home are equal to 80 percent or more of the current retail cost of the mobile home, as established in any official used mobile home guide, the department shall declare the mobile home unrebuildable and print a certificate of destruction, which authorizes the dismantling or destruction of the mobile home. For a late model vehicle with a current retail cost of at least $7,500 just prior to sustaining the damage that resulted in the total loss, as established in any official used car guide or valuation service, if the owner or insurance company determines that the estimated costs of repairing http://www.leg.state.#1.uslstatuteslindex,cfm?App_ node=Display_Statute&URL-0300-039910319ISectionsl031... 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 6 of 11 the physical and mechanical damage to the vehicle are equal to 90 percent or more of the current retail cost of the vehicle, as established in any official used motor vehicle guide or valuation service, the department shall declare the vehicle unrebuildable and print a certificate of destruction, which authorizes the dismantling or destruction of the motor vehicle. However, if the damaged motor vehicle is equipped with custom -lowered floors for wheelchair access or a wheelchair lift, the insurance company may, upon determining that the vehicle is repairable to a condition that is safe for operation on public roads, submit the certificate of title to the department for reissuance as a salvage rebuildable title and the addition of a title brand of "insurance -declared total loss." The certificate of destruction shall be reassignable a maximum of two times before dismantling or destruction of the vehicle is required, and shall accompany the motor vehicle or mobile home for which it is issued, when such motor vehicle or mobile home is sold for such purposes, in lieu of a certificate of title. The department may not issue a certificate of title for that vehicle. This subsection is not applicable if a mobile home is worth less than $1,500 retail just prior to sustaining the damage that resulted in the total loss in any official used mobile home guide or when a stolen motor vehicle or mobile home is recovered in substantially intact condition and is readily resalable without extensive repairs to or replacement of the frame or engine. If a motor vehicle has a current retail cost of less than $7,500 just prior to sustaining the damage that resulted in the total loss, as established in any official used motor vehicle guide or valuation service, or if the vehicle is not a late model vehicle, the owner or insurance company that pays money as compensation for the total loss of the motor vehicle shall obtain a certificate of destruction, if the motor vehicle is damaged, wrecked, or burned to the extent that the only residual value of the motor vehicle is as a source of parts or scrap metal, or if the motor vehicle comes into this state under a title or other ownership document that indicates that the motor vehicle is not repairable, is junked, or is for parts or dismantling only. A person who knowingly violates this paragraph or falsifies documentation to avoid the requirements of this paragraph commits a misdemeanor of the first degree, punishable as provided in s. 775.082 or s. 775,083. (d) An electronic signature that is consistent with chapter 668 satisfies any signature required under this subsection, except that an electronic signature on an odometer disclosure submitted through an insurance company must be executed using an electronic signature, as defined in s. 668.003(4), that uses a system providing an Identity Assurance Level, Authenticator Assurance Level, and Federation Assurance Level, as described in the National Institute of Standards and Technology Special Publication 800-63-3, as of December 1, 2017, that are equivalent to or greater than: 1. Level 2, for each level, for a certificate of destruction. 2. Level 3, for each level, for a salvage certificate of title. (4) It is unlawful for any person to have in his or her possession any motor vehicle or mobile home when the manufacturer's or state -assigned identification number plate or serial plate has been removed therefrom. (a) Nothing in this subsection shall be applicable when a vehicle defined in this section as a derelict or salvage was purchased or acquired from a foreign state requiring such vehicle's identification number plate to be surrendered to such state, provided the person shall have an affidavit from the seller describing the vehicle by manufacturer's serial number and the state to which such vehicle's identification number plate was surrendered. (b) Nothing in this subsection shall be applicable if a certificate of destruction has been obtained for the vehicle. (5)(a) It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or exchange, or give away any certificate of title or manufacturer's or state -assigned identification number plate or http://www.leg. state.fl.us/statutes/index.cfm?App_mo de=Display_Statute& URL=03 00-0399/0319/Sections/031... 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 7 of 1 1 serial plate of any motor vehicle, mobile home, or derelict that has been sold as salvage contrary to the provisions of this section, and it is unlawful for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to offer to sell, exchange, or give away such certificate of title or manufacturer's or state -assigned identification number plate or serial plate. (b) It is unlawful for any person to knowingly possess, sell, or exchange, offer to sell or exchange, or give away any manufacturer's or state -assigned identification number plate or serial plate of any motor vehicle or mobile home that has been removed from the motor vehicle or mobile home for which it was manufactured, and it is unlawful for any person to authorize, direct, aid in, or consent to the possession, sale, or exchange or to offer to sell, exchange, or give away such manufacturer's or state - assigned identification number plate or serial plate. (c) This chapter does not apply to anyone who removes, possesses, or replaces a manufacturer's or state -assigned identification number plate, in the course of performing repairs on a vehicle, that require such removal or replacement. If the repair requires replacement of a vehicle part that contains the manufacturer's or state -assigned identification number plate, the manufacturer's or state -assigned identification number plate that is assigned to the vehicle being repaired will be installed on the replacement part. The manufacturer's or state -assigned identification number plate that was removed from this replacement part will be installed on the part that was removed from the vehicle being repaired. (6)(a) In the event of a purchase by a salvage motor vehicle dealer of materials or major component parts for any reason, the purchaser shall: 1. For each item of materials or major component parts purchased, the salvage motor vehicle dealer shall record the date of purchase and the name, address, and personal identification card number of the person selling such items, as well as the vehicle identification number, if available. 2. With respect to each item of materials or major component parts purchased, obtain such documentation as may be required by subsection (2). (b) Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (7)(a) In the event of a purchase by a secondary metals recycler, that has been issued a certificate of registration number, of: 1. Materials, prepared materials, or parts from any seller for purposes other than the processing of such materials, prepared materials, or parts, the purchaser shall obtain such documentation as may be required by this section and shall record the seller's name and address, date of purchase, and the personal identification card number of the person delivering such items. 2. Parts or prepared materials from any seller for purposes of the processing of such parts or prepared materials, the purchaser shall record the seller's name and address and date of purchase and, in the event of a purchase transaction consisting primarily of parts or prepared materials, the personal identification card number of the person delivering such items. 3. Materials from another secondary metals recycler for purposes of the processing of such materials, the purchaser shall record the setter's name and address and date of purchase. 4.a. Motor vehicles, recreational vehicles, mobile homes, or derelict motor vehicles from other than a secondary metals recycler for purposes of the processing of such motor vehicles, recreational vehicles, mobile homes, or derelict motor vehicles, the purchaser shall make the required notification to the National Motor Vehicle Title Information System and record the date of purchase and the name, address, and personal identification card number of the person selling such items and shall obtain the following documentation from the seller with respect to each item purchased: http://www.leg.state.fl.us/statutes/index.cfin?App mode=Display Statute&URL=0300-0399/0319/Sections/031... 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 8 of 1 1 (1) A valid certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; (11) A valid salvage certificate of title issued in the name of the seller or properly endorsed, as required in s. 319.22, over to the seller; (I11) A valid certificate of destruction issued in the name of the seller or properly endorsed over to the seller; or (iV) A valid derelict motor vehicle certificate obtained from the department by a licensed salvage motor vehicle dealer and properly reassigned to the secondary metals recycler. b. If a valid certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate is not available and the motor vehicle or mobile home is a derelict motor vehicle, a derelict motor vehicle certificate application shall be completed by the seller or owner of the motor vehicle or mobile home, the seller's or owner's authorized transporter, and the registered secondary metals recycler at the time of sale, transport, or delivery to the registered secondary metals recycler to obtain a derelict motor vehicle certificate from the department. The derelict motor vehicle certificate application must be accompanied by a legible copy of the seller's or owner's valid Florida driver license or Florida identification card, or a valid driver license or identification card from another state. If the seller is not the owner of record of the vehicle being sold, the recycler shall, at the time of sale, ensure that a smudge -free right thumbprint, or other digit if the seller has no right thumb, of the seller is imprinted upon the derelict motor vehicle certificate application and that the legible copy of the seller's driver license or identification card is affixed to the application and transmitted to the department. The derelict motor vehicle certificate shall be used by the owner, the owner's authorized transporter, and the registered secondary metals recycler. The registered secondary metals recycler shall make the required notification of the derelict motor vehicle to the National Motor Vehicle Title Information System and shall secure the derelict motor vehicle for 3 full business days, excluding weekends and holidays, if there is no active lien or a lien of 3 years or more on the department's records before destroying or dismantling the derelict motor vehicle and shall follow all reporting procedures established by the department, including electronic notification to the department or delivery of the original derelict motor vehicle certificate application to an agent of the department within 24 hours after receiving the derelict motor vehicle. If there is an active lien of less than 3 years on the derelict motor vehicle, the registered secondary metals recycler shall secure the derelict motor vehicle for 10 days. The department shall notify the lienholder of the application for a derelict motor vehicle certificate and shall notify the lienholder of its intention to remove the lien. Ten days after receipt of the motor vehicle derelict application, the department may remove the lien from its records if a written statement protesting removal of the lien is not received by the department from the lienholder within the 10-day period. However, if the lienholder files with the department and the registered secondary metals recycler within the 10-day period a written statement that the lien is still outstanding, the department shall not remove the lien and shall place an administrative hold on the record for 30 days to allow the lienholder to apply for title to the vehicle or a repossession certificate under s. 319.28. The registered secondary metals recycler must secure the derelict motor vehicle until the department's administrative stop is removed, the lienholder submits a lien satisfaction, or the lienholder takes possession of the vehicle. c. Any person who knowingly violates this subparagraph by selling, transporting, delivering, purchasing, or receiving a motor vehicle, recreational motor vehicle, mobile home, or derelict motor vehicle without obtaining a certificate of title, salvage certificate of title, certificate of destruction, or derelict motor vehicle certificate; enters false or fictitious information on a derelict motor vehicle http: //www.leg. state. fl. us/statutes/index. cfin?App_m ode=D i splay_Statute& U RL=03 00-03 99/0319/Sections/031... 4n12020 Statutes & Constitution :View Statutes : OnIine Sunshine Page 9 of 11 certificate application; does not complete the derelict motor vehicle certificate application as required or does not make the required notification to the department; does not make the required notification to the National Motor Vehicle Title Information System; does not obtain a legible copy of the seller's or owner's driver license or identification card when required; or destroys or dismantles a derelict motor vehicle without waiting the required time as set forth in sub -subparagraph b. commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. 5. Major parts from other than a secondary metals recycler for purposes of the processing of such major parts, the purchaser shall record the seller's name, address, date of purchase, and the personal identification card number of the person delivering such items, as well as the vehicle identification number, if available, of each major part purchased. (b) Any person who violates this subsection commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. (8)(a) Secondary metals recyclers and salvage motor vehicle dealers shall return to the department on a monthly basis all certificates of title and salvage certificates of title that are required by this section to be obtained. Secondary metals recyclers and salvage motor vehicle dealers may elect to notify the department electronically through procedures established by the department when they receive each motor vehicle or mobile home, salvage motor vehicle or mobile home, or derelict motor vehicle with a certificate of title or salvage certificate of title through procedures established by the department. (b) Secondary metals recyclers and salvage motor vehicle dealers shall keep originals, or a copy in the event the original was returned to the department, of all certificates of title, salvage certificates of title, certificates of destruction, derelict motor vehicle certificates, and all other information required by this section to be recorded or obtained, on file in the offices of such secondary metals recyclers or salvage motor vehicle dealers for a period of 3 years after the date of purchase of the items reflected in such certificates of title, salvage certificates of title, certificates of destruction, or derelict motor vehicle certificates. These records shall be maintained in chronological order. (c) For the purpose of enforcement of this section, the department or its agents and employees have the same right of inspection as law enforcement officers as provided in s. 812.055. (d) Whenever the department, its agent or employee, or any law enforcement officer has reason to believe that a stolen or fraudulently titled motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle is in the possession of a salvage motor vehicle dealer or secondary metals recycler, the department, its agent or employee, or the law enforcement officer may issue an extended hold notice, not to exceed 5 additional business days, excluding weekends and holidays, to the salvage motor vehicle dealer or registered secondary metals recycler. (e) Whenever a salvage motor vehicle dealer or registered secondary metals recycler is notified by the department, its agent or employee, or any law enforcement officer to hold a motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle that is believed to be stolen or fraudulently titled, the salvage motor vehicle dealer or registered secondary metals recycler shall hold the motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle and may not dismantle or destroy the motor vehicle, mobile home, recreational vehicle, salvage motor vehicle, or derelict motor vehicle until it is recovered by a law enforcement officer, the hold is released by the department or the law enforcement officer placing the hold, or the 5 additional business days have passed since being notified of the hold. (f) This section does not authorize any person who is engaged in the business of recovering, towing, or storing vehicles pursuant to s. 713.78, and who is claiming a lien for performing labor or services on a http://www.leg.state.fl. us/statutes/index. cfm?App_mode=Display_Statute&U RL=03 00-03 99/03 19/Section s103 I ... 4/7/2020 Statutes & Constitution :View Statutes : Online Sunshine Page 10 of 11 motor vehicle or mobile home pursuant to s. 713.58, or is claiming that a motor vehicle or mobile home has remained on any premises after tenancy has terminated pursuant to s. 715.104, to use a derelict motor vehicle certificate application for the purpose of transporting, selling, disposing of, or delivering a motor vehicle to a salvage motor vehicle dealer or secondary metals recycler without obtaining the title or certificate of destruction required under s. 713.58, s. 713.78, or s. 715.104. (g) The department shall accept all properly endorsed and completed derelict motor vehicle certificate applications and shall issue a derelict motor vehicle certificate having an effective date that authorizes when a derelict motor vehicle is eligible for dismantling or destruction. The electronic information obtained from the derelict motor vehicle certificate application shall be stored electronically and shall be made available to authorized persons after issuance of the derelict motor vehicle certificate in the Florida Real Time Vehicle Information System. (h) The department is authorized to adopt rules pursuant to ss. 120.536(1) and 120.54 establishing policies and procedures to administer and enforce this section. (i) The department shall charge a fee of $3 for each derelict motor vehicle certificate delivered to the department or one of its agents for processing and shall mark the title record canceled. A service charge may be collected under s. 320.04. (j) The licensed salvage motor vehicle dealer or registered secondary metals recycler shall make all payments for the purchase of any derelict motor vehicle that is sold by a seller who is not the owner of record on file with the department by check or money order made payable to the setter and may not make payment to the authorized transporter. The licensed salvage motor vehicle dealer or registered secondary metals recycler may not cash the check that such dealer or recycler issued to the seller. (9)(a) An insurance company may notify an independent entity that obtains possession of a damaged or dismantled motor vehicle to release the vehicle to the owner. The insurance company shall provide the independent entity a release statement on a form prescribed by the department authorizing the independent entity to release the vehicle to the owner or lienholder. The form must, at a minimum, contain the following: 1. The policy and claim number. 2. The name and address of the insured. 3. The vehicle identification number. 4. The signature of an authorized representative of the insurance company. (b) The independent entity in possession of a motor vehicle must send a notice to the owner that the vehicle is available for pickup when it receives a release statement from the insurance company. The notice shall be sent by certified mail or by another commercially available delivery service that provides proof of delivery to the owner at the owner's address contained in the department's records. The notice must state that the owner has 30 days after delivery of the notice to the owner at the owner's address to pick up the vehicle from the independent entity. If the motor vehicle is not claimed within 30 days after the delivery or attempted delivery of the notice, the independent entity may apply for a certificate of destruction or a certificate of title. (c) If the department's records do not contain the owner's address, the independent entity must do all of the following: 1. Send a notice that meets the requirements of paragraph (b) to the owner's address that is provided by the insurance company in the release statement. 2. Identify the latest titling jurisdiction of the vehicle through use of the National Motor Vehicle Title Information System or an equivalent commercially available system and attempt to obtain the owner's address from that jurisdiction. If the jurisdiction returns an address that is different from the http://www.leg.state.fl.us/statutes/index.cf n?App_mode=Display_Statute&URL=0300-0399/0319/Sections/031... 4/7/2020 Statutes & Constitution ;View Statutes : Online Sunshine Page 1 I of I I owner's address provided by the insurance company, the independent entity must send a notice that meets the requirements of paragraph (b) to both addresses. (d) The independent entity shall maintain for a minimum of 3 years the records related to the 30- day notice sent to the owner, the results of searches of the National Motor Vehicle Title Information System or an equivalent commercially available system, and the notification to the National Motor Vehicle Title Information System made pursuant to paragraph (e). (e) The independent entity shall make the required notification to the National Motor Vehicle Title Information System before releasing any damaged or dismantled motor vehicle to the owner or before applying for a certificate of destruction or salvage certificate of title. (f) Upon applying for a certificate of destruction or salvage certificate of title, the independent entity shall provide a copy of the release statement from the insurance company to the independent entity, proof of providing the 30-day notice to the owner, proof of notification to the National Motor Vehicle Title information System, proof of all lien satisfactions or proof of a release of all liens on the motor vehicle, and applicable fees. If the independent entity is unable to obtain a lien satisfaction or a release of all liens on the motor vehicle, the independent entity must provide an affidavit stating that notice was sent to all lienholders that the motor vehicle is available for pickup, 30 days have passed since the notice was delivered or attempted to be delivered pursuant to this section, attempts have been made to obtain a release from all lienholders, and all such attempts have been to no avail. The notice to lienholders and attempts to obtain a release from lienholders may be by written request delivered in person or by certified mail or another commercially available delivery service that provides proof of delivery to the lienholder at the lienholder's address as provided on the certificate of title and to the address designated with the Department of State pursuant to s. 655.0201(2) if such address is different. (9) The independent entity may not charge an owner of the vehicle storage fees or apply for a title under s. 713.585 or s. 713.78. (10) Except as otherwise provided in this section, any person who violates this section commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. History.-s. 11, ch. 23658, 1947; S. 9, ch. 25150, 1949; s. 1, ch. 59-341; s. 6, ch. 65-190; ss. 24, 35, ch. 69-106; s. 1, ch. 69-373; s. 189, ch. 71-136; s. 1, ch. 72-94; s. 3, ch. 78-412; s. 2, ch. 79-32; s, 1, ch. 79-56; s. 197, ch. 81-259; s. 15, ch. 82- 134; s. 11, ch. 83.218; s. 5, ch. 88-130; s. 17, ch. 89-333; s. 25, ch. 90-119; s. 3, ch. 90-270; s. 4, ch. 90-283; s. 2, ch. 91-66; s. 25, ch. 95-143; s. 346, ch. 95-148; s. 12, ch. 98-324; ss. 13, 14, ch. 99.248; s. 24, ch. 2000-313; s. 127, ch. 2002-20; S. 10, ch. 2002-235; s. 1, ch. 2005-137; s. 13, ch. 2005-164; s. 1, ch. 2008-170; S. 9, ch. 2010.198; s. 15, ch. 2010-223; s. 17, ch. 2011-4; s. 4, ch. 2012-179; s. 25, ch. 2012-181; s. 25, ch. 2013-160; s. 57, ch. 2014-17; s. 1, ch. 2014-21; s. 3, ch. 2014-181; S. 15, ch. 2016-239; s. 5, ch. 2019-92; s. 2, ch, 2019-108. Copyright o 1995-2020 The Florida Legislature • Privacy Statement • Contact Us http: //www.leg. state. fl.us/statutes/index.cfm?App_mode-Di splay_Statute&URL=0300-0399/0319/Sections/031... 4/7/2020 1 Address City FLORIDA DEPARTMENT OF HIGHWAY SAFETY AND MOTOR VEHICLES APPLICATION FOR SALVAGE TITLEICERTIFICATE OF DESTRUCTION SUBMIT THIS FORM TO YOUR LOCAL TAX COLLECTOR OFFICE www.fIhsmv.qov/offices/) Instructions on Reverse Side ❑ Check this box if you are requesting the certificate of title to be printed APPLICANT INFORMATION TOTAL LOSS BY INSURANCE COMPANY TOTAL SALVAGE LOSS ❑ TOTAL THEFT LOSS Company's Name Total Loss and Compensation Paid Policy Number []Claim Number I FEID Num Zip UNINSURED/SELF-INSURED ❑ SALVAGE BY OWNER(S) (No Insurance Com Owner's Name Address Date of Loss Date of Birth ❑Driver License or Identification Card Number ❑FEID # ❑DHSMV Account # Company's E-Mail Address: Owner's E-Mail Address: 2 VEHICLE DESCRIPTION Vehicle Identification Number Year Make Body Color Previous State of License Plate Number Weight Length BHP/CC Issue Title Number Current Date of Issue 3 IMPORTANT: SEE VEHICLE IDENTIFICATION NUMBER VERIFICATION ON REVERSE SIDE OF THIS FORM 4 SALVAGE TITLEICERTIFICATE OF DESTRUCTION NOTATION INFORMATION Sections 5 and 6 are not required to be completed for total theft loss or "insurance declared total loss" vehicles. 5. COMPLETE THIS SECTION FOR INSURANCE OR OWNERISELF-INSURED MOBILE HOME (80% OF CURRENT RETAIL COST) a. Enter the current retail cost of the mobile home ..................................... ) (Use any official used mobile home guide to establish current value) b. Multiply line (a) by .80, enter amount on this line ............................ G. Enter estimate of cost to repair physical and mechanical damage on this line (C) d. If amount on line (c) is a ual to or more than amount on line (b), check here ............................ ............... ❑ Certificate of Destruction (unrebuildable) e. (Insurance com an ONLY), If amount on line (c) is less than amount on line (b), check the applicable box: ❑ Rebuildable ❑ Rebuildable Flood f. Ownerlself-insured ONLY), If reQuesting a rebuildable when less than 80°/u , check the applicable box: ❑ Rebuildable ❑ Rebuildable Flood 6. COMPLETE THIS SECTION FOR INSURANCE OR OWNERISELF-INSURED MOTOR VEHICLE (90%d OF CURRENT RETAIL COST) For late model vehicle (7 years or newer) with a retail cost of at least $7,500 (before sustaining damage): • Enter motor vehicle's current retail cost on this line.................. ................................................ . (Use any official used car guide or valuation service to establish current value) • Multiply line (a) by .90, enter amount on this line ...................... (b) • Enter estimate of cost to repair physical and mechanical damage onthis line.................................................................................... . 1. (Insurancelowneriself-insured , If amount on line (c) is equal to or more than amount on line (b), check here: ❑ Certificate of Destruction (unrebuildable) 2. (Insurance company ONLY), If amount on line (c) is less than amount on line (b), check the applicable box: ❑ Rebuildable ❑ Rebuildable Flood 3. (Ownerlself-insured ONLY), if the amount on line (c) is less than amount on line (b), and equal to at least 80% (less than 80% would remain a clear title) of the cost to repair, or requesting rebuildable, check the applicable box: ❑ Rebuildable ❑ Rebuildable Flood 7. If the motor vehicle is worth less than $7,500 or is not a late model vehicle (more than 7 model years old) AND: a. HAS BEEN damaged, wrecked, or burned (resulting in the residual value only being for parts or scrap metal), check here ❑ Certificate of Destruction b. HAS NOT been damaged, wrecked, or burned (resulting in the residual value only being for parts or scrap metal), check one: ❑ Rebuildable 7 is anglies to Insurance ONLY not ownerlself-insured ❑ Rebuildable Flood 8. If the vehicle came to Florida with a titlelownership document indicating it is not repairable, junked, or for parts only (regardless of age or value), check here.,,... ........................................ ❑ Certificate of Destruction (unrebuildable) 9. If requesting a Certificate of Destruction (regardless of the value or model year), check here .............................. ❑ Certificate of Destruction (unrebuildable) 10. If the motor vehicle is a total theft loss, check here .................................. ❑ Total Theft Loss ............................ 11. If the damaged motor vehicle is equipped with custom lowered floors for wheelchair access or a wheelchair lift and is repairable to a condition that is safe for operation on public roads, check here ............. © "Insurance Declared Total Loss" Brand 12. If applying for a duplicate Certificate of Destruction, check here ................... ❑' and Rebuildable Salvage 13. If this transfer of title is exempt from Florida sales tax due to a settlement of an insurance claim, check here ❑ HSMV 82363 - REV. 08114 www.flhsmv.gov 74 ODOMETER DECLARATION I/WE STATE THAT THIS ❑ 5 OR ❑ 6 DIGIT ODOMETER NOW READS ❑ ❑ ❑ , ❑ ❑ ❑.XX (NO TENTHS) MILES, DATE READ AND I/WE HEREBY CERTIFY THAT TO THE BEST OF MY/OUR KNOWLEDGE THE ODOMETER READING: ❑ 1. REFLECTS ACTUAL MILEAGE. []2. IS IN EXCESS Of ITS MECHANICAL LIMITS. ❑ 3. IS NOT THE ACTUAL MILEAGE. (WARNING -ODOMETER DISCREPANCY) 95 APPLICANT ATTESTMENT SIGNATURES The undersigned applicant hereby certifies that the motor vehicle to be titled will not be operated upon the highways of this state. UNDER PENALTIES OF PERJURY, I DECLARE THAT 1 HAVE READ THE FOREGOING DOCUMENT AND THAT THE FACTS STATED 1N IT ARE TRUE. I/WE AGREE TO DEFEND THE TITLE AGAINST ALL CLAIMS. Applicant or Authorized Agent's Signature Applicant or Authorized Agent's Printed Name NOTE: Properly Assigned Certificate of Title MUST BE ATTACHED i6 DEALER SALES TAX REPORT if ap licab[e) FL. SALES TAX REG€STRATION NUMBER DATE ()F RAi F � , .. _ .. ..__ 17 MOTOR VEHICLE IDENTIFICATION NUMBER VERIFICATION THIS SECTION REQUIRES A PHYSICAL INSPECTION AND A VERIFICATION OF THE VEHICLE IDENTIFICATION NUMBER OF THE MOTOR. VEHICLE DESCRIBED ON THIS FORM BY A LICENSED DEALER, FLORIDA NOTARY PUBLIC, POLICE OFFICER, FLORIDA DIVISION OF MOTORIST SERVICES EMPLOYEE OR TAX COLLECTOR EMPLOYEE. IF THE VIN IS VERIFIED BY AN OUT OF STATE MOTOR VEHICLE DEALER THE VERIFICATION MUST BE SUBMITTED ON THEIR LETTERHEAD STATIONERY. COMPLETE THIS SECTION ON ALL USED MOTOR VEHICLES, INCLUDING TRAILERS (WITH ABBREVIATION OF TL AND A WEIGHT OF 2,000 POUNDS OR MORE) NOT CURRENTLY TITLED IN FLORIDA. I, the undersigned, certify that I have physically inspected the vehicle described on side 1 of this form and found the vehicle identification number to be: RE Law Enforcement Officer or FI Florida DHSMVITax Collector Employee VEHICLE IDENTIFICATION NUMBER PRINTED Name I Badge Number or Florida Dealer Num Florida Compliance Examiner/lnspeclor Badge or ID DA Notary's Signature (Print, Type or Stamp) Printed Name of Florida Notary (Notary Stamp) WHEN DOES THE VIN VERIFICATION ON THIS FORM NOT HAVE TO BE COMPLETED' WHEN IT IS INVOLVING A NEW MOTOR VEHICLE, MOBILE HOME, TRAVEL TRAILER, CAMPING TRAILER, FIFTH WHEEL RECREATIONAL VEHICLE, TRAILER OR SEMI TRAILER WITH A NET WEIGHT OF LESS THAN 2,000 POUNDS, WHEN A FLORIDA CERTIFICATE OF TITLE IS SUBMITTED AS PROOF OF OWNERSHIP OR WHEN FORM HSMV 82042 HAS BEEN COMPLETED AND IS ATTACHED. WHEN SHOULD THE ODOMETER DECLARATION ON THIS FORM NOT BE COMPLETED? WHEN THE VEHICLE BEING TITLED IS EXEMPT FROM ODOMETER DISCLOSURE REQUIREMENTS. EXEMPTIONS: WHEN THE VEHICLE IS TEN YEARS OLD OR OLDER, HAS A GROSS VEHICLE WEIGHT RATING (GVWR) OF MORE THAN 16,000 POUNDS OR IS NOT SELF- PROPELLED. WHEN SHOULD THIS FORM BE USED? 1. When an insurance company has paid a "Total Loss" on a motor vehicle or mobile home or paid a total theft loss, it must make application for a Salvage Certificate of TitlelCertificate of Destruction in the name of the insurance company. (See sections 5 & 6 on reverse side of form.) 2. When a motor vehicle or mobile home has been wrecked or damaged and the owner or self -insured determines the estimated costs of repairing the damage is equal to 90 percent or more (or at least 80%) of the current retail value. (See sections 5 & 6 on reverse side of form.) NOTE: If requested, a Salvage Rebuildable or Salvage Rebuildable Flood Certificate of Title for an uninsured/self-insured motor vehicle or mobile home may be issued even if the cost of renainina or rebuilding the vehitfe is less than BO oercent. (To request, see sections 5, f, & 6, c, 3, on reverse side of form.) 3. When applying for a duplicate Certificate of Destruction. (See section 12 on reverse side of this form.) NOTE: Refer to DOS Procedure TL-36 Exhibit C "When to Apoly for a Rebuildable Title and When to Apply for a Certificate of Destruction" for further clarification. The website link is located at http://www3.flhsmv aov/drnv/Proc/TUTL-36 PDF FILING: 1. ALL APPLICABLE SECTIONS OF THIS FORM MUST BE COMPLETED LEGIBLY. 2, THIS FORM MUST BE DOCUMENTED BY THE ATTACHMENT OF ONE OF THE FOLLOWING, UNLESS APPLYING FOR A DUPLICATE CERTIFICATE OF DESTRUCTION: (A) FLORIDA CERTIFICATE OF TITLE. (B) MANUFACTURER'S CERTIFICATE OF ORIGIN. (C) OUT-OF-STATE TITLE OR OTHER OFFICIAL PROOF OF OWNERSHIP, NOTE: A certificate of title will not be issued on a used motor vehicle that has been stolen from an out-of-state owner until the motor vehicle has been recovered and the required VIN verification can be performed. : htto:/Avww.flhsmv covloffices! HSMV 82363 - REV. 08114 www.flhsmv.aov RFP requirement Tab 4 Compensation Proposal RFP: 03122020 RFP Requirement te►nativ C L A I M S M A N A L r M r r A. Proposers to the RFP need to be able to handle the above services outlined in the Scope of Services, parts 1, 2 & 3 free of any charges to the City, with any compensation to be deducted on a percentage, flat fee, or per claim basis acceptable to the City solely from amounts collected by the Consultant. B. Respondents to the RFP need to identify the percentage of recovery they will retain for the following items:. i. Recovery for loss of use ii. Recovery for lost revenue iii. Recovery for repair related diminution of value iv. Recovery for inherent related diminution of value Respondents to the RFP need to be clear that the only source of financial benefit to the service provider is to be derived from recovered proceeds for items (i) thru (iv) shown above. Under no circumstances should the City be invoiced for any costs, expenses, reimbursements, additional amounts, subscription or availability fees, or any other amounts. RCM's Response A) ACM's service agreement and billing structure is performance based and the items listed in sections 1, 2, and 3 of the "scope of services" are performed free of any charges and or fees. B) The document titled "compensation proposal farm" outlines ACM's fee structure. i. Recovery for Ioss of use — 50% of what is recovered ii. Recovery for lost revenue — 50% of what is recovered iii. Recovery for repair related diminution of value — 50% of what is recovered iv. Recovery for inherent related diminution of value — 50% of what is recovered ACM hereby states that the only compensation they will receive is outlined in the attached document "compensation proposal form" and the city will never be invoiced for any fees and or charges not specified in that document. 16404 San Pedro Avenue ! San Antonio, Texas 78232 1 Main Office (210) 340-4400 COMPENSATION PROPOSAL FORM IT IS ANTICIPATED THAT THE COMPENSATION PROPOSAL WILL VARY FROM VENDOR TO VENDOR —THE CITY RESERVES THE RIGHT TO REJECT ALL PROPOSALS AND RESOLICIT IF THE CITY ULTIMATELY DETERMINES IN ITS SOLE DISCRETION THAT THE COMPENSATION PROPOSALSAREtJNSATISFACTORYTOTHECITYORAREOTHERWISENOTINTHECITY'S BEST INTERESTS Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Physical Damage based upon actual cost of repairs 0% retained Loss of Use Collect for Loss of Use 50% of what is recovered Loss of Revenue Collect for Loss of Revenue 50% of what is recovered Diminution of Value Collect for Diminution of Value SD%ofwhat is recovered Repair Related Diminution of Value Collect for repair cost related to Diminution 50% of is or Value what recovered Administrative Fees Administrative Fees SOa/o of what is recovered Total Loss Collect on vehicles processed and accepted "total 50% of the difference as loss" between wholesale and etail Dormant Claims Collect on dormant claims beyond Client's collection efforts No additional fees Related Property Damage Collect on non -vehicle property damage — (light poles, stretchers, or specialty equipment, etc.) 10% of what is recovered Photo Scope Claims Photo for minor damages Up to $350 Other Costs/Fees Damage estimates, total loss evaluations, diminished value evaluations 11 reports are passed thru at cost. No administrative ark-u s Other Commission Drug removal, equipment transfer, sanitation and other miscellaneous fees 50% of what is recovered * Based upon Manheim Auto Auctions "Manheim Market Report" (MMR) RFP Requirement Tab 5 CUSTOMER SERVICE RFP: 03122020 RFP Requirement AA Cffeernattive C L A 1 M 5 M A N A G F U c na T A. Define the case of access through phone and email B. Clearly define how responsive the Proposer will be to the client (City) C. Provide three (3) letters of recommendation D. Provide a detailed management plan for customer service E. List any litigation filed and adverse governmental regulatory action(s) taken against the Proposer within the last 5 years, the status of any such litigation or adverse regulatory action(s), and, if applicable, the outcome thereof (e.g., dismissal, settlement, sanctions, adverse ruling, etc.). RCM's Response A) The document titled "ACM Points of Contact" identifies Amanda Cruz as the account executive and main point of contact for the City of Longwood. Her cell phone number and e- mail along with every department manager is also identified in that document. B) The document titled "ACM claim file service levels" outlines the timelines associated with each step of the claim process. The average claim settlement for damage recovery is between 60 and 75 days. C) Attached are 3 letters of reference 1) New York City Fire Department (FDNY) 2) Bell Ambulance 3) Superior Ambulance D) ACM prides itself on customer service. All clients have the cell phone numbers for their respective account managers. Also provided is the Revenue Managers e-mail and cell number. The attached document titled "Alternative Claims Management 2020" is the companies organizational chart outlining the company's management structure. E) ACM has not had any adverse regulatory action taken against it anywhere in the Country in the last 23 years of its existence. ACM has only been the subject of one piece of litigation for the alleged violation of the Fair Debt Collection Practices Act. The basis for the suit was that ACM sent a bill for damages to a rental vehicle for a file submitted by a national rental car client. The consumer disputed the damages alleging they were pre-existing. The case settled shortly after it was filed. 16404 San Pedro Avenue 1 San Antonio, Texas 78232 1 Main Office (210) 340-4400 ACM Points of Contact Longwood's Account Executive Amanda Cruz 407-388-4766 ACruz@altclaim.com Client Service Agent "CSA" John Nieves 407-378-6919 JNieves altclaim.com Chief Revenue officer Sean DeAvila 407-683-4449 SDeavila@altclaim.com Material Damage / Body Shop Manager Richard Rackley 210-340-4400 RRackiev@altclaim.com Accounting Manager Gilberto Guerrero 210-340-4400 GGuerrero@altclaim.com ACM Claim File Service Level's Claim visible in Tracker 0-3 business days Claims visible in Tracker Validation of Insurance Coverage Independent Appraisals Submission to Insurance Carrier Final Claim Settlement Payment to Customer 3-5 business days 3-5 business days 3 business days from initiation 7-10 days with receipt of all data 60-75 days (Physical Damage) Twice Monthly April 3, 2020 To wham it may concern: The New York City Fire Department's Bureau of Revenue Management has been using the services of Alternative Claims Management for the past 18 months. They perform the general tasks of invoicing and collecting for automotive insurance services, including working to determine liability. This includes, but is not limited to, coordinating/billing for damage estimates, towing, vehicle cleaning, and administrative fees. The services encompass ambulances, sedans, SUVs, and fire apparatus. Contract procurement rules limit what we are able to provide as far as vendor performance. We can say that Alternative Claims Management is very knowledgeable regarding this industry, has been very responsive, and we are satisfied with the services they have provided to date. Sincerely, �ZQJL Azall Step(lhen Rush Deputy Commissioner I Page 1 Bell Ambulance, Inc. Por,lMiles Offukee Wisconsin onsin BELL AMBULANCE Milwaukee. Wlstonsan 5320' Offices, 1414) 486.2" 264-BELL Fac s i m d l e: 14141 4 86 - 4100 (414-264-2355) Webslte: www.264Bell.corn "IF IT DOESN'T SA`," 1;ELL ON THE SIDE, YOU'VE JUST BEEN TAKEN FOR A RIDEr"" April 2, 2020 Chris Anderson Bell Ambulance, Inc. 549 E Wilson St Milwaukee, WI 53207 To Whom It May Concern, Rick A. Zehetner F .,.. -.- James P. Lombardo &WOV@ WCO FdeSKIOnt Wayne A. Jureckl Vice PYesruehr, Chwi OPWRInQ ©mcea Keith Rader, M.0.. We engaged Alternative Claims Management over four years ago and have been very happy with their support and results. Their online portal has made the transition easy and gives us complete transparency to our claims. This online tool also provides a great reporting and communication platform. I would encourage any commercial fleet to look at Alternative Claims Management and their services They work on performance, so they only win if we do. If you have any questions, please feel free to contact me. Sincerely, LJ�OL Chris Anderson Director of Operations Bell Ambulance, Inc. 6 .liar 1. ii�: OV NSF`^S ELT .+ -:t _lilt 395 West Lake Street April 2, 2020 LeAnn Cabanada Superior Ambulance 395 W Lake Street. Elmhurst, IL 6ox26 To Whom It May Concern, - Metro j � Es.- NURCOMM Elmhurst, Illinois 60126 It is with much enthusiasm that I am writing to recommend the services of Alternative Claims Management. We have been utilizing Alternative Claims Managements program for 4 years and have always been completely satisfied with their performance. They do an excellent job with our damage recovery on all our not -at -fault accident claims. They have consistently found revenue that was left on the table from our past claims, and even more revenue on all our newer claims. I highly recommend Alternative Claims Management. If you have any questions, please feel free to contact me. Sincerely, LeAnn Cabanada Claims Coordinator, Risk Department (630) 903-2265 enara a aimdar. Alternative Claims DadK" a0b KM9 Management 2020 Ra my Hams Mike Lerrandmv4rl Mike lsaandoweki nre .ItleRl Sean Denvila I DPERATIoNs TJroaWY (areeal Ruby Qullano MMimI RArNIex CM1iei Ruvenue ONicer DWI Human Resau as DOereWns Support Dha®r Drceo Dlrertd Drlan Ludlow Ezenyuy¢yp AccoaM E%ndNvea Alwida Crux GSA Leeds Melanie SaReheY MATERIAL DAMAGe z Pulku R¢latgns Deny Green JNYI N�eeei Benty Zuni9a CmustHavrn Kianb¢r1Y Pe Nan CIdN1.; Processog Mpt M" IRodguez HRC d,. Wr DeveEopntenr Richard RaCMeY Nicole FeOenco Ncda Kre'¢er Arzewn EzesVxefor Pau: Camw h, GGMMFRCL0.L MaAerial Damage CLAM Eww DAMAGE REcavERY Gabrielle BoulGn wv—MaCaS(LEAD) SVsat RM[er Rpt¢pipn¢I Gayle Gomai¢e Meliau W51tler phw, MHm R DanRtle Sole sans sLyppn Tmwry & -D Caardinan MakeNrg CoortlnMor Jehah yen -C REMTALI DEALERSHIP Michael Tbrvee5 Duside 0.9ancy G4541RANGE DAMAGE RECDVEW VERE9CATIGN 0.mwlw PanOd COrtwaartl MUNICIPALRIEG Myt¢r. 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MahwA�dl Meluse Mathn Last MOtliHeo —Z030 AGM C—IDE`rtIAL 9/21/22, 3:52 PM Detail by Entity Name u_ r_RA _W3 ;.orb' an ojjli iM -71.arw of Fluada ►vebwe Department of State / Division of Corporations / Search Records / Search by Entity Name / Detail by Entity Name Foreign Limited Liability Company ALTERNATIVE CLAIMS MANAGEMENT, LLC Filing Information Document Number M15000000250 FEI/EIN Number 42-1694459 Date Filed 01/12/2015 State TX Status ACTIVE Last Event LC NAME CHANGE Event Date Filed 03/17/2016 Event Effective Date NONE Principal Address 16404 SAN PEDRO AVENUE SAN ANTONIO, TX 78232 Mailing Address 16404 SAN PEDRO AVENUE SAN ANTONIO, TX 78232 Registered Agent Name & Address CORPORATION SERVICE COMPANY 1201 HAYS STREET TALLAHASSEE, FL 32301-2525 Authorized Persons) Detail Name & Address 11111111WAN KREBS, ROBERT 16404 SAN PEDRO AVENUE SAN ANTONIO, TX 78232 Title Chairman HARRIS, RANDY 16404 SAN PEDRO AVENUE SAN ANTONIO, TX 78232 https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=Initial&searchNameOrder=ALTERNA... 1 /2 9/21/22, 3:52 PM Title President Detail by Entity Name Lewandowski, Michael 2040 Tillman Avenue Winter Garden, FL 34787 Annual Reports Report Year Filed Date 2020 01 /16/2020 2021 01 /18/2021 2022 03/19/2022 Document Images 03/19/2022 -- ANNUAL REPORT View image in PDF format 01/18/2021 --ANNUAL REPORT View image in PDF format 01/16/2020 -- ANNUAL REPORT View image in PDF format 04/23/2019 -- ANNUAL REPORT View image in PDF format 03/05/2018 -- ANNUAL REPORT View image in PDF format 02/09/2017 -- ANNUAL REPORT View image in PDF format 03/17/2016 -- LC Name Change View image in PDF format 03/09/2016 -- ANNUAL REPORT View image in PDF format 01/12/2015 -- Foreign Limited View image in PDF format Florida Department of State, Division of Corporations https://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=EntityName&directionType=l nitial&searchNameOrder=ALTE RNA... 2/2 000"-HIST0Ri r, 1* LONGWOOD FLORIDA March 19, 2020 CITY OF LONGWOOD Fostering citizen trust and cultivating a prosperous community ADDENDUM I To: Prospective Proposers & All Others Concerned From: Greg Kirby, Purchasing Manager Subject: RFP # 03122020 VEHICLE DAMAGE RECOVERY SERVICES. The information included in the Addendum clarifies, modifies or supplements the specifications and other provisions of the solicitation documents and is considered part and parcel to the RFP package. NOTICE The Pre -Proposal Conference scheduled for March 26, 2020 has been canceled. For questions concerning the bid, please utilize the email address gkirbyglongwoodfl.org 2. The Public Bid Opening scheduled for April 9, 2020 has been modified. Proposals will now be opened in the Purchasing Manager's Office on April 9, 2020 at 2pm. Bid results will be posted on DemandStar as soon as available. End Addendum I 155 West Warren Avenue . Longwood, Florida 32750 . (407) 260-3480 Voice . (407) 260-3451 Fax www.longwoodfl.org 000"-HIST0Ri r, 1* L ONGWOOD FLORIDA tl April 3, 2020 CITY OF LONGWOOD Fostering citizen trust and cultivating a prosperous community ADDENDUM II To: Prospective Proposers & All Others Concerned From: Greg Kirby, Purchasing Manager Subject: RFP # 03122020 VEHICLE DAMAGE RECOVERY SERVICES. The information included in the Addendum clarifies, modifies or supplements the specifications and other provisions of the solicitation documents and is considered part and parcel to the RFP package. Questions • Q: In reviewing the draft contract I did not see any most favored pricing language requiring us to offer Longwood the most favored pricing should another municipality piggyback off of this RFP. Is that something that can be added? I do not see where it will change the effect and nature of the RFP itself. A: If your firm does win the contract and you are in agreement with a change to the draft contract, we can definitely add that clause to the final agreement. • Q: The insurance policy requirements within the draft agreement it requires an Umbrella Liability policy. Is that a generic requirement or more specifically would it be required for a clerical vendor? A: It's a generic requirement. My recommendation is just to submit what your current insurance level is and we will review. We don't anticipate being as strict with this requirement for consultant/clerical duties. End Addendum II 155 West Warren Avenue • Longwood, Florida 32750 • (407) 260-3480 Voice • (407) 260-3451 Fax www.longwoodfl.org VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT RFP #03122020 THIS VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT (this "Agreement" or "Contract") is dated as of the 4tn day of May, 2020 by and between Alternative Claims Management, LLC duly authorized to conduct business in the State of Florida, whose principal business address is 16404 San Pedro Avenue, San Antonio, TX 78232, hereinafter called the "CONSULTANT", and the City of Longwood, a Florida municipality, whose address is 175 Warren Avenue, Longwood ,Florida 32750, hereinafter called the "CITY." CITY and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: WITNESSETH: Section 1. Services. CITY does hereby retain Consultant to furnish services as more specifically described in the Scope of Services as contained in the solicitation package, which Scope of Services is incorporated herein by reference. CONSULTANT is also bound by all requirements as contained in the solicitation package and all addenda thereto, which are hereby incorporated by Attachment B to this contract. Section 2. Term. This Agreement will take effect on the date of its execution by CITY and will run for a period of three (3) years. At the sole option of CITY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Task Assignments issued under this Agreement prior to the expiration of the Agreement may, if requested by the CITY, survive expiration to allow completion of the services and work authorized thereunder. The City shall have the right to terminate this Agreement for convenience at any time upon thirty (30) days written notice to the CONSULTANT. Section 3. Authorization for Services. Authorization for provision of services by CONSULTANT under this Agreement may be in the form of written Task Assignments issued and executed by CITY. Each Task Assignment will describe the work and services required. The Task Assignments will be issued pursuant to and incorporate the terms of this Agreement. CITY makes no covenant or promise as to the number of available Task Assignments or that CONSULTANT will perform any work for CITY during the life of this Agreement. The services to be performed by the CONSULTANT pursuant to this Agreement are non-exclusive, and the CITY does not guarantee or otherwise represent that the CITY will provide the CONSULTANT with any work or any certain amount of work under this Page 1 of 18 LA Agreement. CITY reserves the right to contract with other or multiple parties for the work or services contemplated by this Agreement when it is determined by CITY to be in the best interest of CITY. CITY shall have the sole right to reduce, or eliminate, in whole or in part, the services or Work assigned by any Task Assignment(s) issued under this Agreement at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. Section 4. Compensation. CITY agrees to compensate CONSULTANT for the services provided under this Agreement on a basis in accordance with the Compensation Proposal accepted by the CITY as Attachment "A." No monthly or per file fees may be charged. In no event will the CITY be required to pay for any services that have not been properly performed or completed, nor shall the CITY be required to pay any additional expenses, costs, or fees other than those specified in Attachment "A," it being understood that the amounts collected by the CONSULTANT on behalf of the CITY are the sole source of compensation to be paid pursuant to this Agreement and that Attachment "A" sets forth the entirety of the compensation that may be due to the CONSULTANT. CITY is not required to pay CONSULTANT for any matter in which CONSULTANT fails to recover funds on the CITY's behalf. This Agreement does not constitute an assignment of claims or benefits by the CITY. Section 5. Payment Procedures. Upon collection of funds from claims made on the CITY's behalf, CONSULTANT shall promptly pay the amount(s) due to the CITY pursuant to the schedule contained in Attachment "A." CONSULTANT shall maintain adequate records to justify all fees, charges, expenses, and costs incurred or charged in performing the services under this Agreement for at least three (3) years after termination of this Agreement or in accordance with the applicable retention period prescribed by the GS1-SL General Records Schedule established by the Florida Department of State, Division of Library Services, whichever period is longer. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this paragraph for the purpose of inspection, audit, excerpts and transcription during normal business hours upon five (5) business days' written notice. Section 6. CONSULTANT's Representations/Obligations. Neither CITY's review, approval, nor acceptance of, nor payment for any of the services required will be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONSULTANT shall be and always remain liable to CITY, in accordance with applicable law, for any and all damages to CITY caused by CONSULTANT's negligent or wrongful provision of any of the services furnished under this Page 2 of 18 M Agreement. Section 7. Insurance. a. Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at the CONSULTANT's sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in the Contract Documents. Except as otherwise specified in the Contract Documents, the insurance must become effective prior to the commencement of Work by the CONSULTANT and must be maintained in force until Final Completion and Acceptance of the Work or such other time as required by the Contract Documents. b. The CONSULTANT will not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the CITY. c. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the Commencement of operations. The Certificate shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) calendar days' prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Contract. d. The CONSULTANT shall maintain, during the life of this Contract, the following coverages to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. e. The Commercial General Liability policy required herein must be issued on an occurrence basis and include coverage for the CONSULTANT's operations, independent contractors, subcontractors, and "broad form" property damage coverages protecting itself, its employees, agents, contractors, or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, personal or advertising injury, and products liability/completed operations, including what is commonly known as groups A, B, and C. Public liability coverage must include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the Page 3 of 18 Ell CONSULTANT's obligation to indemnify, defend, and hold harmless the CITY as provided in this Agreement. f. All insurance policies written on a Claims Made Form must maintain a retroactive date prior to the effective date of the Agreement. The CONSULTANT must purchase a Supplemental Extended Reporting Period ("SERP") with a minimum reporting period of not less than 3 years in contemplation of an event in which the policy is canceled, not renewed, switched to occurrence form, or any other event that requires the purchase of a SERP to cover a gap in insurance coverage for claims that may arise related to the CONSULTANT's acts or omissions in the performance of its obligations under this Agreement. Additionally, the CONSULTANT shall require the carrier to immediately inform the CONSULTANT, the CITY, and the CITY's PCD of any contractual obligations that may alter the CONSULTANT's professional liability coverage under this Agreement. g. The CONSULTANT shall maintain, during the life of this Contract, adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all of its employees performing work for the CITY pursuant to this Contract. All insurance, other than the Professional Liability and Workmen's Compensation policies to be maintained by the CONSULTANT shall be endorsed to include the CITY as an "Additional Insured." All insurance policies provided pursuant to this Agreement must include endorsements (i) making the policies primary and non-contributory with any valid and collectible insurance available to the CITY and (ii) waiving subrogation in favor of the CITY. h. The following are the minimum required insurance limits and may not be construed or otherwise interpreted to limit or restrict the CONSULTANT's indemnification obligations pursuant to this Agreement: Each Occurrence $1,000 OUO lined Exp $1fl,0{lfl (any one person) CommercialCrertel Liability Personal & ADV Injury $1;00fl,Qfl0 General Aggreste $2,000000 , Products = CompfOP AGG $2,000 040 Emgiayee Benefits' $1,000,000. . Page 4 of 18 It Automobile Liability (endorsed Combined Single Limit (each accident) $1,000,000 for Any Auto) PIP $10,000 Professional Liability (Errors and Each Claim $1,000,000 Omissions) Aggregate $2,000,000 Workers Compensation and Employers' Liability Florida Statutory Coverage Section 8. Contract Documents The Contract Documents, which comprise the entire agreement between CITY and CONSULTANT, are made a part hereof and consist of the following: a. This Agreement b. Addenda C. RFP and Proposal Documents d. CONSULTANT'S Insurance Requirements, Certificate and Insurance Policies e. Instructions to Proposers L Change Orders. g. Price Proposal Form Section 9. Scrutinized Companies — FL Statute § § 287.135 and 215.473. By entering into this Agreement, CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to § 215.4725, Florida Statutes, or are otherwise engaged in a boycott of Israel. Furthermore, if the Agreement amount equals or exceeds one million dollars (U.S.), CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, are on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to § 215.473, Florida Statutes, or are otherwise engaged in business operations in Cuba or Syria as defined in said statute. CONSULTANT understands and agrees that the CITY may immediately terminate this Agreement upon written notice if the CONSULTANT (or any of those related entities of the CONSULTANT as defined above by Florida law) is found to have certified falsely with regard to this section or if any of the following occur with respect to the CONSULTANT Page 5 of 18 or related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel; or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Section 10. Miscellaneous. a. Personnel. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with CITY. All of the services required herein under shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services must be fully qualified and, if required, authorized, licensed, or otherwise permitted under the state and local law to perform such services. Any changes or substitutions in the CONSULTANT's key personnel as may be listed herein must be made known to the CITY's representative prior to execution, and written approval granted by the CITY before said change or substitution can become effective. b. Subcontracting. The City reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities and background of any subcontractor in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. If a subcontractor fails to perform, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work timely or otherwise, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. C. Arrears. The CONSULTANT shall not pledge the CITY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation, indebtedness, pending or threatened legal action or government or other regulatory action against any of CONSULTANT's or its subcontractors', agents' and employees' licenses that would impair its ability to fulfill the terms of this Agreement. d. Independent Consultant Relationship. The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Consultant, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise Page 6 of 18 11 control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship of its employees to the CITY is that of an Independent Consultant and not as employees or agents of the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement, or representation other than as specifically provided for in this Agreement. e. Nondiscrimination. The CONSULTANT warrants and represents that all of its employees are treated equally without regard to race, color, disability, marital status, religion, sex, age or national origin and in compliance with applicable law. f. Contingent Fees. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. g. Access and Audits. The CONSULTANT shall maintain all records relating to this Agreement and project, including adequate records to justify all charges, expenses, and costs incurred in performing the work for at least five (5) years after completion of this Contract, or longer if so required by the GS1-SL retention schedule established by the Florida Department of State, Division of Library Services. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this section for the purpose of inspection, audit, excerpts and transcription during normal business hours, at no cost to the CITY, upon five (5) days written notice. h. Authority to Practice. The CONSULTANT hereby represents and warrants that is has and will continue to maintain all licenses and approvals required to conduct its business and to perform pursuant to this Agreement, and that it will at all times conduct it business activities in a reputable manner. i. No Waiver of Sovereign Immunitx. Nothing contained in this Agreement or incorporated documents may be considered or deemed a waiver of the City's sovereign immunity protections or any other privilege, immunity, or defense afforded by law to the City or its officials, officers and employees, including, but not limited to, those set forth in Section 768.28, Florida Statutes. j. Ethics and Conflicts. CONSULTANT agrees that it will perform the services pursuant to this Agreement in a cordial and professional manner. CONSULTANT agrees that its agents, Page 7 of 18 employees, contractors, and subcontractors, if any, will not engage in any act or omission that would create a conflict of interest in the performance of the CONSULTANT's obligations pursuant to this Agreement or that would violate or cause others (including officials or employees of the CITY) to violate any state or local ethics laws, including Chapter 112, Florida Statutes. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in § 112.311, Florida Statutes; CONSULTANT further represents that no person having any such interest shall be employed for such performance. k. IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DELAY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR COST OF COVER INCURRED BY CONSULTANT, SUB- CONSULTANTS OR ANY THIRD PARTIES ARISING OUT OF THIS AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF WORK BY THE CONSULTANT, SUB - CONSULTANTS OR BY THE CITY UNDER THIS AGREEMENT. REGARDLESS OF ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE CITY'S MAXIMUM MONETARY LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEE COMPENSATION THAT THE CITY IS REQUIRED TO PAY TO THE CONSULTANT FOR THE PROPER PERFORMANCE OF SERVICES PURSUANT TO THIS AGREEMENT. 1. Inconsistencies. If there are any inconsistencies between this Agreement and the Proposal Documents, the terms of this Agreement shall control to the extent of the conflict. Section 11. Survival. All covenants, representations, and warranties made in this Agreement by CONSULTANT and by the CONSULTANT in its response to the RFP, including, but not limited to, Section 7. Insurance, shall survive the execution and delivery of this Agreement, completion of the Work and Final Payment. Section 12. Availability of Funds. Notwithstanding any other provision of this Contract and the Contract Documents to the contrary, the obligations of the CITY under this Contract are subject to discretionary annual appropriation and the availability of funds lawfully appropriated for its purpose by the City Commission of Longwood. When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, this Contract shall be deemed terminated on the last day Page 8 of 18 of the fiscal period for which appropriations were made or earlier as determined by the City Commission, without further cost, penalty or obligation to the CITY. Section 13. Compliance with Laws / ADA. CONSULTANT agrees to comply with all laws, codes, rules and regulations bearing on the conduct of work, including those of the federal, state and local agencies having jurisdiction, including the City of Longwood codes and regulations, and including any applicable laws and regulations with respect to fair debt collection practices. CONSULTANT shall not unlawfully discriminate against any person in its operations or activities or in its provisions of goods or services pursuant to this Agreement. CONSULTANT further agrees that it shall affirmatively comply with all applicable provisions of and regulations enacted pursuant to the Americans with Disabilities Act in its provision of goods or services for or on behalf of the CITY, including Titles II and III of the ADA addressing requirements for provisions of programs, services, and public accommodations. For the purposes of this paragraph, any services or products offered by the CONSULTANT to the public via the internet or online must comply with WCAG 2.0 AA or better in order to be deemed ADA compliant. If the CITY, Department of Justice, or other governmental entity responsible for ensuring ADA compliance notes any deficiency in the facilities, practices, services, or operations of the CONSULTANT furnished or provided in connection with the Agreement, the CONSULTANT shall, at no additional charge or cost to the CITY, immediately cure any such deficiencies without delay to the satisfaction of the CITY, USDOJ, or such other responsible governmental entity. CONSULTANT further agrees that it shall indemnify, defend, and hold harmless the CITY from and against any and all claims, sanctions, or penalties assessed against the CITY, including attorneys' fees awarded against the CITY, which claims, sanctions, or penalties arise or otherwise result from the CONSULTANT's failure to comply with the ADA or, with regard to online or internet services, the WCAG 2.0 AA or better standard. Section 14. Additional Services. Should the CITY require additional services of the CONSULTANT beyond the original Scope of Services of the Contract Documents, the CITY and the CONSULTANT shall thereafter negotiate in good faith to agree upon a change order with a firm fixed price satisfactory to both parties. If an agreement is reached, then such agreement shall be specified in a written purchase order executed by both parties. CITY retains the option to instruct CONSULTANT via written Task Assignment to find local counsel to file suit against a liable party for any claim element. The final recovered amount from any such litigation, in addition to any Compensation to be provided pursuant to Attachment "A," will be the final recovered amount less the legal fees and costs incurred by Page 9 of 18 litigation counsel. Prior to any such suit, the CITY and CONSULTANT will agree in writing via Task Assignment as to what the legal fee arrangement will be. In no event will the CONSULTANT or its agents, contractors, or employees be authorized to file or prosecute any litigation on the CITY's behalf without the CITY's express written authorization via Task Assignment, which the CITY has the right to refuse in its sole discretion. CITY retains the sole authority to make all final settlement and client -level decisions concerning any potential or actual litigation brought on the CITY's behalf. Section 15. Indemnification / Sovereign Immunity. CONSULTANT shall indemnify, defend, and hold harmless the CITY, its elected and appointed officials, officers, agents, and employees harmless from and against all claims, suits, actions, penalties, sanctions, costs, losses, liabilities, damages and/or cause of action, including, but not limited to, attorneys' fees and litigation costs at trial and appellate levels, arising from or related to the errors, omissions, negligent acts, recklessness, wrongful or illegal acts, or gross negligence of the CONSULTANT, inclusive of its subcontractors, agents, servants, or employees, in the performance of the CONSULTANT's duties pursuant to this Agreement. Such indemnity, defense, and hold harmless obligation requires CONSULTANT to provide a defense for and reimburse the CITY for all costs, attorneys fees (utilizing attorneys selected by or agreeable to the CITY), experts' fees, expenses, and liabilities incurred by CITY in or by reason of the defense of any such claim, suit, action or other indemnified claim, and the investigation thereof. The CITY expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with § 768.28, Florida Statutes. Nothing in this Agreement may inure to the benefit of any third party for the purpose of allowing any claim against the CITY, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Regardless of anything set forth in this Agreement to the contrary, the CITY's maximum monetary liability under this Agreement is limited to the fee compensation that the CITY is required to pay to the CONSULTANT for the proper performance of services pursuant to this Agreement. In no event may CONSULANT place or make any lien or claim of lien upon the CITY's real or personal property. For purposes of compliance with Florida law, CONSULTANT acknowledges that this Section 15. Indemnification / Sovereign Immunity shall be deemed a part of the specifications and the procurement documents for the Work. This Section 15. Indemnification / Sovereign Immunity survives termination and expiration of this Agreement, completion of the Work and Final Payment, and is intended by the CONSULTANT and CITY to be enforceable to fullest extent permissible under Florida law. Section 16. Public Records Laws. Pursuant to § 119.0701(2)(a), Florida Statutes, the City is required to provide the CONSULTANT Page 10 of 18 with the following statement and establish the following requirements as contractual obligations pursuant to this Agreement: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-260-3441, MLONGO@LONGWOODFL.ORG, 175 WEST WARREN AVENUE, LONGWOOD, FLORIDA 32750. By entering into this Agreement, CONSULTANT acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services or provision of goods pursuant to, this Agreement, including any record, document, computerized information and program, e-mail, audio or video tape, photograph, or other writing of the CONSULTANT and its independent contractors, agents, and associates related, directly or indirectly, to this Agreement, are public records subject to the public records disclosure requirements of § 119.07(l), Florida Statutes, and Article I, § 24 of the Florida Constitution. Pursuant to § 119.0701, Florida Statutes, any CONSULTANT entering into a contract or agreement for goods or services with the CITY is required to: A. Keep and maintain public records required by the CITY to perform the services and work or provide goods pursuant to this Agreement. B. Upon request from the CITY, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are statutorily exempt from disclosure or confidential are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion or termination of the Agreement if the CONSULTANT does not transfer the records to the CITY. D. Upon completion or termination of the Agreement, transfer, at no cost, to the CITY all public records in the possession of the CONSULTANT or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT transfers all public records to the CITY upon completion or termination of the Agreement, the CONSULTANT shall destroy any duplicate public records that are exempt from Page 11 of 18 disclosure or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion or termination of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining and maintaining public records. All records stored electronically must be provided to the CITY upon request in a format that is compatible with the information technology systems of the CITY. E. Because the CITY's documents are of utmost importance to the conduct of CITY business and due to the legal obligations imposed upon the CITY and CONSULTANT by the Florida Public Records Law, CONSULTANT agrees that it shall, under no circumstances, withhold possession of any public records, including originals, copies or electronic images thereof when such are requested by the CITY, regardless of any contractual or other dispute that may arise between CONSULTANT and the CITY. Requests to inspect or copy public records related to this Agreement must be made directly to the CITY. If the CONSULTANT receives any such request, CONSULTANT shall instruct the requestor to contact the CITY. If the CITY does not possess the records requested, the CITY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the CITY or otherwise allow the records to be inspected or copied within a reasonable time. CONSULTANT acknowledges that failure to provide public records to the CITY within a reasonable time may subject the CONSULTANT or CITY to penalties pursuant to § 119.10, Florida Statutes. Consultant further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the CITY. CONSULTANT shall further indemnify, defend, and hold the CITY harmless from and against any and all claims, damage awards, and causes of action, including any third party claims or awards for attorneys' fees and costs, arising from the CONSULTANT's failure to comply with the public records disclosure requirements of § 119.07(1), Florida Statutes, or by the CONSULTANT's failure to keep confidential those records that are statutorily exempt or confidential pursuant to Florida law. CONSULTANT authorizes the CITY to seek declaratory, injunctive, or other appropriate relief against the CONSULTANT from a circuit court in Seminole County on an expedited basis to enforce the requirements of this section. Furthermore, this Section shall survive termination and expiration of this Agreement, completion of the Work and Final Payment. Section 17. Successors and Assigns. No assignments by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound, and Page 12 of 18 any such assignment shall be void and of no effect; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. CITY and CONSULTANT each binds themselves and their respective successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. Section 18. Notices. Whenever either party desires to give notice unto the other including, but not limited to, claims under this Agreement, it must be given by written notice, hand delivered, signed and dated for receipt or sent by certified United States with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: FOR CITY OF LONGWOOD: Purchasing Division Attention: Purchasing Manager 155 West Warren Avenue Longwood, Florida 32750 FOR CONSULTANT: Attn: Randy Harris, CEO Alternative Claims Management, LLC 16404 San Pedro Avenue San Antonio, TX 78232 Section 19. Conflict of Interest. a. The CONSULTANT agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. b. The CONSULTANT hereby certifies that no officer, agent or employee of the CITY has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over 5% either directly or indirectly, in the business of the CONSULTANT to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. c. Pursuant to Section 216.347, Florida Statutes, the CONSULTANT hereby agrees that monies received from the CITY pursuant to this Agreement will not be used for the purpose of lobbying Page 13 of 18 the Legislature or any other State or Federal Agency. Section 20. Material Breaches of Agreement. a. The parties recognize that breaches of the Agreement may occur and that remedies for those breaches may be pursued under the Agreement. b. The parties further recognize that the safety of the public is of paramount concern. Therefore, the parties agree that any breach of the Agreement related to the life, safety or health of the public will be considered a material breach of the Contract Documents. C. Upon a material breach of the Contract Documents related to life, safety, or health, as determined by the CITY, the CITY shall issue a stop work order suspending the work and services or any specific portion of the work or services of the CONSULTANT until the conditions are corrected. If the life, safety, or health conditions giving rise to the stop work order are not corrected within a reasonable time, as determined by the CITY, then the material breach will entitle CITY to terminate this Agreement. The recognition of breaches of the provisions of the Contract Documents related to life, safety, and health as material breaches will not be construed as a limitation on other remedies for breaches or material breaches of the Agreement. Section 21. Attorney Fees. The parties expressly agree that each party shall be solely responsible for. their own attorneys' fees and costs incurred in any negotiation, dispute resolution or litigation related to or arising out of the Work and this Agreement, except as otherwise expressly specified in the Agreement (by way of example: Bonds and Indemnity provisions). Section 22. Venue/Disputes. a. This Agreement is governed by and interpreted in accordance with the laws of the state of Florida. Any and all legal action arising from or concerning this Contract and/or the Contract Documents will, if in state court, have its exclusive venue in a court of proper jurisdiction in Seminole County, Florida, or, if in federal court, the Middle District of Florida, Orlando Division. b. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation may be initiated by any party by serving a written request for same on the other party. The Parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the Parties cannot agree on the selection of a mediator, then the CITY shall select the mediator who, if selected solely by the CITY, will be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until: (i) the mediator declares an impasse, which Page 14 of 18 0 declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference; or (ii) sixty (60) days have elapsed since the written mediation request was made in the event the other party refuses to or has not committed to attend mediation. The Parties shall share the mediator's fee equally. The mediation shall be held in Seminole County, Florida, unless another location is mutually agreed upon by the Parties. Agreements reached in mediation areenforceable as settlement agreements in any court having jurisdiction thereof. Section 23. Truth -in -Negotiation Certificate. Signature of this Contract by the CONSULTANT acts as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract. Such rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside Consultants. The CITY shall exercise its rights under this "Certificate" within one year following final payment. Section 24. Force Majeure. Any delay or failure of either party in the performance of its required obligations hereunder will be excused if and to the extent caused by explosion; riot; war; sabotage; strikes (except involving CONSULTANT's labor force or subcontractors or agents); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; provided that prompt notice of such delay is given by such party to the other and each of the Parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for seven (7) days, either party may terminate this Agreement. Section 25. Unauthorized Aliens; E-Verify. CITY shall consider the employment by CONSULTANT of unauthorized aliens as a violation of section 274A (e) of the Immigration and Nationalization Act, as amended; and shall consider same to constitute a material breach of this Agreement. Moreover, CONSULTANT by execution of this Agreement commits to use E-Verify to insure that all new hires and all employees (existing and new) who shall perform work under this Agreement are authorized to lawfully work in the United States. CONSULTANT acknowledges that its use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the CONSULTANT provides labor under this Agreement and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. Page 15 of 18 Section 26. False Claims. If CONSULTANT is unable to support any part of its claim, and it is determined that such inability is attributable to misrepresentations of fact or fraud on the part of CONSULTANT, then CONSULTANT shall be liable to CITY for an amount equal to such unsupported part of the claim in addition to all costs to CITY attributable to the cost of reviewing said part of its claim. CITY and CONSULTANT acknowledge that the Florida False Claims Act provides civil penalties of not more than $10,000.00 plus remedies for obtaining treble damages against Consultants or persons causing or assisting in causing Florida governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. CONSULTANT agrees to be bound by and comply with the provisions of the Florida False Claims Act and that the CITY may enforce its provisions against CONSULTANT. Section 27. Headings. Paragraph, section, and subsection headings are for the convenience of the Parties only and are not to be construed as part of this Agreement or utilized for interpretation purposes for this Agreement. Section 28. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the Parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. Section 29. Non -Waiver. Either party's express or implied waiver or election not to exercise any term, provision, or condition of this Agreement shall not be considered, construed, or interpreted as a waiver of strict compliance with that or any other term, condition, or provision of this Agreement in the future. Section 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be construed as an original agreement, but such counterparts shall together constitute one and the same instrument. Section 31. Interpretation. CITY and CONSULTANT each represent that they have both shared and participated in the drafting of this Agreement and that no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute regarding the meaning, intention, or interpretation of this Agreement or any portion thereof. Page 16 of 18 Section 32. Integration; Modification; Amendment by Writing Only. The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof unless expressly referred to herein. Modifications of or amendment to this Agreement shall only be made in writing signed by both Parties. This Agreement expressly supersedes and wholly replaces the Municipal Pilot Program Service Agreement entered into by and between the parties on December 16, 2019. Section 33. Piggybacking. The CONSULTANT agrees to allow other governmental units, jurisdictions, and agencies, where their respective procurement codes and regulations permit, to acquire the services provided for herein under the same terms and conditions as this Agreement, which was procured pursuant to the City of Longwood's RFP #03122020. CONSULTANT further agrees that if CONSULTANT extends more favorable pricing to another governmental unit, jurisdiction, or agency, CONSULTANT shall, automatically, immediately, and without the need for a request from the CITY, extend such pricing to the CITY. In no event shall the CITY incur any obligations, be liable, or otherwise be responsible for anything related to any other contracts or agreements the CONSULTANT may enter into with other governmental units, jurisdictions, or agencies, regardless of whether any such governmental units, jurisdictions. Section 34. Severability. If any terms or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, to be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. [REMAINDER OF PAGE INTENTIONALLY BLANK — SIGNATURE PAGE TO FOLLOW] Page 17 of 18 M.- IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date when the last of the parties has signed below. CITY OF LONGWOOD, a Florida municipal corporation kfe-�- � - — — Clint Gioielli, Acting City Manager CONSULTANT ALTERNATIVE CLAIMS MANAGEMENT, LLC :�2� "-ez' �- Signature of Authorized Representative Print Name: Official Title: c 5: o Date: S' 6" a -a Page 18 of 18 ATTACHMENT A— COMPENSATION PROPOSAL FORM Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Physical Damage 0% retained based upon actual cost of repairs Loss of Use Collect for Loss of Use 50% of what is recovered Loss of Revenue Collect for Loss of Revenue 50% of what is recovered Diminution of Value Collect for Diminution of Value 50% of what is recovered Repair Related Diminution of Collect for repair cost related to 50% of what is recovered Value Diminution of Value Administrative Fees Administrative Fees 50% of what is recovered Collect on vehicles processed and 50% of the difference Total Loss accepted as "total loss" between wholesale and retail * Collect on dormant claims beyond Donnant Claims Client's collection efforts No additional fees Collect on non -vehicle property damage - Related Property Damage (light poles, stretchers, or specialty I 0% of what is recovered equipment, etc.) Photo Scope Claims Photo for minor damages Up to $350 All reports are passed thru at Other Costs/Fees Damage estimates, total loss evaluations, cost. No administrative mark - diminished value evaluations ups Drug removal, equipment transfer, Other Commission sanitation and other miscellaneous fees 50% of what is recovered * Based upon Manheim Auto Auctions "Manheim Market Report" (MMR) Address 1 1 Address 2 1 City State supporting Zip Documentation Present Notes .04 San Pedro Ave I ISan Antonio JTX 1 782321 Y 9-Apr-20 TOTAL SCORE Alternative Claims Management 275 Hislo6c LONGVYOtl F l o i- i d a Agenda Item 12E To: The Honorable Mayor and City Commissioners From: Lee Ricci, Director of Human Resources and Risk Management Date: May 4, 2020 Subject: Award the Vehicle Damage Recovery Services to Alternative Claims Management, LLC Introduction: This agenda item requests the City Commission approval to award the Vehicle Damage Recovery Services to Alternative Claims Management, LLC. Background/Discussion: The City Commission approved a pilot program with Alternative Claims Management for Vehicle Damage Recovery Services on December 16, 2019. In February a Request for Proposals (RFP) process was initiated. On April 17, 2020, the selection committee for the RFP for Auto Damage Claim was convened, via Webex, to review the submission(s). The Committee consisted of Fire Chief, Mike Peters; Police Chief, David Dowda; Public Works Director, Shad Smith, and Director of Human Resources, Lee Ricci. Greg Kirby, the Procurement Manager was also available for the discussion. The City received only one submission for the service. That submission is from Alternative Claims Management (ACM). The committee voiced two concerns — quantifying their years of service and fees for photoscoping (photography) services. We forwarded those concerns to ACM and have received responses that satisfied the committee. Thus the selection committee forwarded their recommendation to Clint Gioielli, Acting City Manager. We have received concurrence from the Acting City Manager. Budget Impact: Since the pilot program began in December 2019 the City has received three checks from ACM for past claims totaling $1,838.57 Recommendation: The Acting City Manager and Director of Human Resources and Risk Management recommend awarding RFP #03122020 for Vehicle Damage Recovery Services to Alternative Claims Management and authorize the Acting City Manager to execute all associated documents. Hislo6c LONGVYOtl F l o r i d a Agenda Item 12E REQUESTED MOTION/ACTION: I move to approve Item 12E as presented and authorize the Acting City Manager to execute all associated documents. Prepared by: Lee Ricci, Director of Human Resources and Risk Management Reviewed by. Clint Gioielli, Acting City Manager Attachments, RFP# 03122020 Evaluation Score Sheet Recommendation to Acting City Manager Compensation Proposal rytltll>rte�, LoWOODNREQUEST FOR PROPOSAL FLORIOA RFP # 03122020 VEHICLE DAMAGE RECOVERY SERVICES PRE -PROPOSAL CONFERENCE March 26, 2020 g 10:00 AM City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 LAST DATE FOR QUESTIONS & CLARIFICATIONS April 2, 2020 g 5:00 pm PROPOSAL DUE DATE April 9, 2020 at 2:00 pm Public Opening of Sealed Proposals Immediately Following Response Closing. City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 Company Name Mailing Address Company Principal/Title Authorized Signature SUBMIT PROPOSALS TO: City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 Federal Employer ID Number or SS Number I II III IV Receipt of Addendum Email Print Name/Title Phone Greg Kirby, Purchasing Manager (407) 260-3451 - Fax Gkirby(a longwoodfl.org THIS FORMAL NOTICE MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL SECTION I - GENERAL PROVISIONS INQUIRIES; INTERPRETATIONS: All Proposers shall carefully examine the Request for Proposal (RFP) documents (sometimes herein called "Proposal Documents"). Any ambiguities or inconsistencies shall be brought to the attention of the CITY Purchasing and Contracts Division (PCD) in writing prior to the due date. Failure to raise posited ambiguities or inconsistencies on the part of the Proposal will constitute an acceptance by the Proposer of any subsequent decision of the CITY. Any questions concerning the intent, meaning, and interpretation of the RFP documents, including the attached draft agreement, shall be requested in writing, and received by the CITY Purchasing and Contracts Division at least seven (7) business days prior to the due date. Questions or requests shall not be accepted after that time. Questions, as referenced herein, may be sent to the CITY Purchasing and Contracts Division via electronic mail at purchasingklongwoodfl.org. Notwithstanding the preceding, Proposers are required to advise the CITY of any conflicts in the RFP or any discrepancies between conditions noted at the project site and those shown, if applicable, on the plans, including the specifications, or otherwise referenced or referred to herein. Replies will be issued by addenda as provided in the Addenda section herein. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications will be expressly without legal effect. Only interpretation or correction given by the Purchasing Manager, in writing, shall be binding, and prospective Proposers are advised that no other source is authorized to give information concerning, to explain, or to interpret the Proposal Documents. Regardless of the issuance of any addenda, submission of a Proposal (sometimes herein called a "bid") in response to the RFP will nevertheless be construed as though the submission of a Proposal complies with any such addenda and shall act as an acknowledgement of receipt of any and all addenda. CONTACT: All prospective Proposers are hereby instructed not to contact any member of the City of Longwood City Commissioners, City Manager, or City of Longwood Staff members other than the noted contact person regarding this RFP or their Proposal at any time prior to the posting on the Web Site of the final evaluation and recommended ranking by CITY staff for this contract/project. Any such contact shall be cause for rejection of your Proposal. The City will not respond to oral inquiries. Proposers may submit emailed inquires to Purchasing@longwoodfl.org. The last day for inquiries is 7 calendar days prior to the due date. PUBLIC CLOSING: Proposals shall be received at the Purchasing and Contracts Division at the above referenced address by the specified time and date. As soon as possible thereafter the names of the Proposers shall be read aloud at the specified location. Persons with disabilities needing assistance to participate in the Public Closing should call the contact person at least 48 hours in advance of the Public Closing at (407) 260- 3480. DELAYS: The CITY, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the CITY to do so. The CITY will post all changes in scheduled due dates by written addendum posted to the CITY' S website www.longwoodfl.org. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Before submitting a Proposal, each Proposer must: 1) examine the Proposal Documents thoroughly; 2) visit the site to familiarize itself with local conditions that may in any manner affect the cost, progress, or performance of the work or services contemplated by the project, including but not limited to, weather and climatologic data relating the area; 3) familiarize itself with federal, state, and local laws, ordinances, rules, regulations, and policies that may in any manner affect cost, progress, or performance of the work or services; 4) study and carefully correlate Proposer's observations with the Proposal Documents; 5) make written requests for interpretations promptly after discovering any conflicts, errors, inconsistencies, or ambiguities; and 6) if applicable, contact all utilities and other who may be working at the project site, including CITY owned utilities, prior to submitting a Proposal to determine the extent to which utility installations, utility relocations or adjustments (temporary or permanent) will impact the Proposer's responsibility to schedule, coordinate, and sequence the work and services with the work of the CITY, utility work, and work or services of any others at the project site. Before submitting a Proposal, each Proposer shall, at Proposer's own expense, make or obtain any and/or additional investigations, examinations, tests, or explorations and obtain additional information that pertain to the physical conditions (surface, subsurface, and Underground Facilities) at or proximate to the site or that otherwise may affect cost, progress, sequencing, or performance of the work or services relating to this project and which Proposer deems necessary to determine its Proposal for performing in accordance with the time, price, and other terms and conditions of the Contract Documents. The submission of a Proposal shall constitute a conclusive and binding representation by the Proposer that (1) it has complied with every requirement of this subsection, (ii) the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work and services; and (iii) Proposer will make no claim arising from or relating to its failure to comply with or otherwise exercise the provisions of this subsection. By submitting a Proposal, Proposers agree to the terms of the draft Agreement provided in this RFP. The submission of a Proposal will be an indication that the Proposer has considered normal local weather conditions (daily and monthly variations) for the previous ten (10) years from the date of the Proposal as compiled by the National Weather Service and measured at the Orlando International Airport. Proposer should consider and include the impact of weather conditions and inclement weather, including but not limited to, the possibility of hurricanes and tropical storms and related adverse weather conditions common to central Florida, on Proposer's scheduling, sequencing, and similar items in preparation of the Proposal. No claim may be made or allowed based upon the schedule impact or requirements of mobilization, de -mobilization, or re -mobilization due to local weather conditions. Proposer will take no advantage of any apparent error or omission which it may discover in the Contract Documents, but Proposer shall at once notify the CITY's PCD of such discovery, which will then make such corrections and interpretations as may be deemed necessary by the CITY and at the CITY's sole discretion for reflecting the actual spirit and intent of the provisions or portions at issue. ADDENDA: Should revisions to the RFP documents become necessary; the CITY will post addenda information on the Onvia DemandStar Web Site www.demandstar.com, and it is the sole responsibility of the Proposer to ensure they obtain information related to Addenda. All Proposers should check the Onvia DemandStar Web Site or contact the purchasing manager for the CITY's Purchasing and Contracts Division to verify information regarding Addenda. By execution of the Formal Notice for this solicitation package, the Proposer acknowledges receipt of all Addenda issued under this solicitation. No Addenda will be issued less than seven (7) calendar days prior to the Proposal opening, unless otherwise specified by the CITY's Purchasing and Contracts Division. Failure to acknowledge receipt of Addenda shall result in a determination that the Proposer's submittal package is Non -Responsive. SELECTION PROCESS AND CONTRACT AWARD: The contract award will be made, at the City's option, to one (1) firm based on the criterion outlined in the Instructions to Proposers determined by the City to be most advantageous to the City. The Proposer(s) understands that this RFP does not constitute an agreement or a contract between the City and the Proposer for the services solicited. The City reserves the right to reject all proposals, to waive any formalities or minor irregularities, and to solicit and re -advertise for new proposals, or to abandon the contract award/project in its entirety at any time prior to the City Commission approving a contract and its execution by the City. City also reserves the right to reject the Proposal of any Proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the City's opinion, is not in a position to perform properly under this award. City reserves the right to inspect all facilities of Proposers in order to make a determination as to the foregoing. City reserves the right to waive any irregularities, informalities, and technicalities and may, at the City's discretion, request a re -procurement. In evaluating Proposals, the City will consider the information provided by the proposers as described in these "INSTRUCTIONS TO PROPOSERS." Any of the following non-exclusive causes may be considered as sufficient grounds for disqualification of a Proposer or the rejection of a Proposal: a) Submission of more than one (1) Proposal for the same work or services by any entity under the same or different names; b) Evidence of collusion amongst Proposers; c) Submission of an unbalanced Proposal in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Proposal; d) Lack of responsibility as shown by past work or performance from the standpoint of life, safety, and the public welfare, including, but not limited to, strict adherence to all requirements of CITY, workmanship, progress, and financial irresponsibility; e) Lack of responsibility as demonstrated by a pattern or severity of litigation or adverse regulatory activity taken against the Proposer; f) Uncompleted Work for which the Apparent Low Proposer is committed by contract which might hinder or prevent the prompt completion of Work under this Proposal if an Agreement would have been awarded to the Apparent Low Proposer; g) Lack of responsibility as evidenced by the debarment or suspension of the Proposer from participation in further solicitations or procurements by another governmental agency or entity; h) Falsification of any entry made on the Proposal Documents shall be deemed a material irregularity and will be grounds, at the CITY's option, for disqualification of the Apparent Low Proposer or rejection of the Proposer; and/or i) Non-compliance with the submittal requirements of these Instructions to Proposers. This section shall be construed liberally to benefit the public and not the Apparent Low Proposer; however, any other evidence which may hinder or other delay completion of the project may be sufficient grounds for disqualification of any Proposal. PROPOSAL PREPARATION COSTS: Neither the CITY nor its representatives will be liable for any expenses incurred in connection with preparation of a proposal in response to this RFP. Proposers should prepare their PROPOSALS simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. By submitting a proposal in response to this Request for Proposals, proposers waive and release any and all right to make claims for reimbursement of proposal preparation costs against the CITY and its officers, officials, employees and representatives. ACCURACY OF PROPOSAL INFORMATION: Any Proposer which submits in its PROPOSAL to the CITY any information that is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, will be disqualified from consideration. INSURANCE: A falsity or misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies, or capabilities or failure to provide to the City sufficient proof of insurance is grounds for rejection of the Proposer's submitted Proposal and rescission of any ensuing Award Agreement. CITY recommends that all Proposers review the insurance requirements listed within the Contract Documents with their insurance carriers. A copy of the insurance certificate must be furnished to the City prior to final execution of the City's Award Agreement. The CITY reserves the right to reject the award to any Proposer that fails to acquire and maintain the insurance as required within the City's Award Agreement or otherwise fails to provide sufficient proof thereof. SURETIES: To be acceptable to the CITY for bonding purposes, a Surety shall comply with the following provisions: a) The Surety must be registered and licensed to do business within the State of Florida; b) The Surety shall have been in business with a record of successful continuous operations for at least five (5) years; c) The Surety shall have at least the following A.M. Best's minimum ratings: AGREEMENT RATING FINANCIAL RATING 250,000 or less B+ Class I 250,000 — 500,000 A Class II 500,000 — 750,000 A Class III 750,000 — 1,000,000 A Class IV 1,000,000 — 1,500,000 A Class V 1,500,000 — 2,500,000 A Class VI 2,500,000 — 3,750,000 3,750,000 — 5,000,000 5,000,000 or more A+ A+ A+ Class VII Class VIII Class IX Best's Policyholder's Rating of "A+", "A" and `B+", (which signifies A and A+ = Excellent, B+ = Very Good, based upon good underwriting, economic management, adequate reserves for undisclosed liabilities, net resources for unusual stock and sound investment) or an equivalent rating from the Insurance Commissioner if not rated by Best's. d) Any risk or portion of any risk that shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier) in assuming insurer authorized or approved by the Insurance Commissioner to do such business in this State shall be deducted in determining the limitation of risk described in this section. In the case of a surety insurance company, there shall be deducted in addition to the deduction for reinsurance, the amount assumed by any co - surety; the value of any security deposited, pledged or held subject to the consent of the Surety and for the protection of the Surety. No compensation shall be made for providing Bonds as prescribed in this Section. POSTING OF RFP AWARD: Recommendation for award will be posted on the Onvia DemandStar Web Page (www.demandstar.com) prior to submission through the appropriate approval process to the City Commissioners for final approval of award. Failure to file protest to the Purchasing Manager within the time and in the manner prescribed in the City's Purchasing Code shall constitute a waiver of proceedings. PRE -PROPOSAL CONFERENCE: A non -mandatory pre -Proposal conference will be held for this project. PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful Proposer's performance. This evaluation will become public record. PROHIBITION AGAINST CONTINGENT FEES: It is unethical for a person to be retained, or to retain any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement. By participating in this solicitation, the Proposer certifies that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the SERVICE PROVIDER, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. PURCHASING CODE: The City of Longwood Purchasing Code and Procedures and any applicable state and federal laws apply in its entirety with respect to this RFP. AFFIRMATION: By submission of a Proposal, Proposer affirms that his/her Proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a Proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all conditions of this Request for Proposal and the resulting contract. CONFLICT OF INTEREST: The Proposer agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. TRUTH -IN -NEGOTIATION: Signature of any resulting agreement relating to this RFP by the Proposer shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the resulting contract are accurate, complete and current as of the date of same. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The CITY may exercise its rights under this "Certificate" within one year following final payment. DRUG FREE WORKPLACE: The City of Longwood is a Drug Free Workplace. The attached Drug Free Workplace Form must be signed and returned to this office with the Proposal. E-VERIFY: The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the resulting agreement; and shall expressly require any subconsultants or subcontractors performing work or providing services pursuant to any resulting contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by same during the contract term. PUBLIC ENTITY CRIMES STATEMENT: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a PROPOSAL on a contract to provide any goods/services to a public entity, may not submit a PROPOSAL on a contract with a public entity for construction or repair of a public building or public work, may not submit PROPOSALS on leases of real property to a public entity, may not be awarded or perform work as a CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list." PROMPT PAYMENT: Any invoicing pursuant to the Agreement is to be governed by the applicable provisions of Part VII of Chapter 218, Florida Statutes (i.e., the Florida Local Government Prompt Payment Act). Any and all invoices must be in a form satisfactory to the City of Longwood Finance Department. PUBLIC RECORDS: In accordance with Chapter 119, Florida Statutes, the Public Records Act, all Proposers should be aware that this Request for Proposals and Proposals submitted in response thereto are made in the public domain and are subject to disclosure, except to the extent expressly exempted or made confidential under the Public Records Act. In accordance with Section 119.071(1) (b), Florida Statutes, Proposals submitted in response to this Request for Proposals are temporarily exempt from public disclosure until such time as the City provides notice of an intended decision or until thirty (30) days after opening the Proposals, whichever occurs earlier, unless otherwise provided by law. The Proposal submitted by you may contain information, which are designated "confidential" or "exempt" from disclosure under the Public Records Act and other applicable laws. If your Proposal contains such information, you are required to mark the confidential or exempt information as such and advise the City in writing with specificity the applicable law making those provisions exempt or confidential from disclosure. A generic notation that information is "exempt" or "confidential" will not suffice. Failure to provide a detailed explanation and justification including statutory citations and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your Proposal or any portion thereof, being subject to disclosure in accordance with Chapter 119 of the Florida Statutes. The Proposers awarded contracts pursuant to this RFP will be required to comply with Chapter 119, Florida Statutes, including the requirements of a Consultant or Contractor pursuant to § 119.0701, Florida Statutes. INSURANCE: A misrepresentation, regardless of whether intentional, concerning the Proposer's insurance coverage, policies, or capabilities constitutes grounds for rejection of the Proposer's submitted PROPOSAL and rescission of any ensuing Agreement. All Proposers MUST review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate must be furnished to the City prior to final execution of the City's Award Agreement. The CITY reserves the right to reject the award to any Proposer that fails to provide the insurance or proof thereof as required within the Draft Agreement. Proposer understands and agrees that payment for services or work performed under any resulting agreement relating to this RFP may be reimbursable to the CITY under applicable federal or state programs or that such programs may be utilized to compensate Proposer. For all types of work or services that are or may be eligible for reimbursement under the Federal Highway Administration Emergency Relief Program ("FHWA"), other federal Department of Transportation programs, Federal Emergency Management Agency ("FEMA") programs, or other state or federal reimbursement or public assistance programs (collectively "Programs") relating to the work or the services provided by Proposer pursuant to any resulting agreement relating to this RFP, Proposer shall familiarize itself with and comply with all laws, rules, regulations, requirements, guidelines, standards, and practices of such applicable Programs unless otherwise directed by the CITY in writing. If Proposer determines that it cannot comply with all such applicable Programs in any manner, then Proposer shall immediately provide written notice to the CITY setting forth the particular law, rule, regulation, requirement, guideline, standard, and/or practice with which Proposer cannot comply and detailing the reasons or rationale for Proposer's inability or failure to comply with the particular law, rule regulation, requirement, guidelines, standard and/or practice. Further, as to any applicable Programs, Proposer agrees to assist and timely cooperate with the CITY in preparation of and documentation of necessary reports and records for applicable Programs CITY reimbursement or payment, and Proposer shall work closely with applicable Programs officials and employees to ensure that supporting data, reports, records, and performance of the work or services meets or exceeds all applicable Programs standards required for payment or reimbursement eligibility. RECORDS RETENTION: Records of costs incurred under the terms of this agreement must be maintained and made available upon request at all times during the period of this agreement and for five (5) years after final payment is made, or such longer period of time as may be required by the GS1-SL records retention schedule established by the Florida Department of State, Division of Library Services. Copies of these documents and records must be furnished upon request. Records of costs incurred include general accounting records and the project records, together with supporting documents and records considered necessary for a proper audit of costs. PUBLIC ENTITY CRIME: Any Person or affiliate, as defined in section 287.133, Florida Statutes, is not allowed to contract with the CITY, nor allowed to enter into a subcontract for work on or services on any agreement relating to this RFP, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date that any resulting agreement was advertised for proposals, or if such person or affiliate was listed on the State's convicted vendor list within three (3) years of the date any resulting agreement relating to this RFP was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the CITY obtained in violation of this section shall be subject to termination for cause. A subcontractor who obtains a subcontract in violation of this section shall be removed from the project and promptly replaced by a subcontractor acceptable to the CITY. POST -CONTRACT AWARD DEFAULT: Unless otherwise prohibited by law, if the proposer/Consultant who is awarded a contract by the City through this RFP is terminated or removed from further work or services by the City for a default in the performance under the contract, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Proposer/Consultant, contract with the next highest ranked proposer that is willing and able to complete the work or services if such is determined by the City Commission to be in the City's best interest. In awarding a contract to the next highest ranked proposer that is willing and able to complete the work or services, the City may accept such proposer's original compensation plan or negotiate a plan more consistent with the original plan submitted by the defaulting proposer/Consultant. SCRUTINIZED COMPANIES — FL STATUTE §§ 287.135 AND 215.473: By participating in this solicitation, Proposer certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to § 215.4725, Florida Statutes, or are otherwise engaged in a boycott of Israel. Furthermore, if the resulting contract amount equals or exceeds one million dollars (U.S.), Proposer certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, are on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to § 215.473, Florida Statutes, or are otherwise engaged in business operations in Cuba or Syria as defined in said statute. Proposer understands and agrees that the City may reject the Proposer's proposal or bid or otherwise immediately terminate any resulting contract upon written notice if the Proposer (or any of those related entities of the Proposer as defined above by Florida law) are found to have certified falsely with regard to this section or if any of the following occur with respect to the Proposer or related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel; or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. SECTION II - SCOPE OF WORK The City of Longwood is seeking professional services to assist with vehicle damage recovery collection services for the City. The Consultant shall be highly knowledgeable in damage recovery of both repairable and total loss claim processing and related expenses, as well as, diminution of value (related and inherent), loss of use and/or loss of revenue. The Consultant shall assist the City with vehicle damage recovery collection services to include, but not be limited to: 1. Review the file for at fault parties and properly identify the driver and owner of the vehicle and their insurance carrier. 2. Be able to, have the vehicle appraised on a national basis by an I -Car (Inter Industry Conference for Collision Repair) Gold Class or better appraiser and have that appraisal reviewed by a central estimate review team also having I -Car Gold Class certification to ensure accuracy, completeness, and compliance with I -Car standards as well as the vehicle manufacturers design and repair specifications. 3. Be able to provide subrogation services for the recovery of damages (repairable damage or total loss) and be able to attest to and subsequently prove average recovery times of 90 days or less. 4. Be able to, based upon documentation provided by the municipality, identify, calculate and pursue the at fault party for the net revenues lost by the municipality for the time the vehicle was being repaired or replaced, if any; or if the damaged unit was not revenue producing but was a specialty vehicle that is not routinely available in the rental market, calculate and pursue the at fault party for the appropriate portion of the municipalities cost to maintain a pool fleet for the period of time the vehicle is being repaired or replaced; or if the vehicle was a non -specialty vehicle that is routinely available in the rental market, the cost or value of a comparable vehicle for the period of time the vehicle was being repaired or replaced. 5. Be able to identify, properly document and pursue the at fault party for the repair related and inherent related diminution of value the vehicle sustained as a result of the damaged caused by the at fault party, if any. 6. Be able to understand, have intimate knowledge of, effectively argue, and recover the costs associated when manufacturers warranties, physical or practical tolerances have been compromised based upon thrust of impact and has rendered a piece of lifesaving equipment such as stretchers and defibrillators not usable until such time as testing has taken place. Those costs would be the shipping and testing of such equipment and subsequent repair. If the testing rendered such equipment worthless and/or not meeting the standards of being able to be used, recovery would include the aforementioned fees and costs together with the replacement cost of the damaged equipment. 7. Be able to, provide estimates for minor damages from photos. 8. The City contemplates that any compensation due to the Consultant be deducted on a percentage or other fee basis acceptable to the City solely from amounts actually collected by the Consultant and that no other fees, costs, expenses, subscription charges, or other compensation will be due from the City. 9. If City opts to do so, and the Consultant agrees, City may instruct Consultant to find local counsel to file suit against a liable party for any claim element. The final recovered amount from any such litigation, in addition to any Compensation to be provided pursuant to Exhibit A, will be the final recovered amount less the legal fees and costs incurred by litigation counsel. Prior to any such suit, the City and Consultant will agree in writing via Task Assignment as to what the legal fee arrangement will be. Regardless of the foregoing, in no event will the Consultant or its agents, contractors, or employees be authorized to file or prosecute any litigation on the City's behalf without the City's express written authorization via Task Assignment, which the City shall have the right to refuse in its sole discretion. City retains the sole authority to make all final settlement and client -level decisions concerning any potential or actual litigation brought on the City's behalf. SECTION III - INSTRUCTIONS TO PROPOSERS The Proposer(s) warrants any response to this RFP to be fully disclosed and correct. The firm must submit a Proposal complying with this RFP, and the information, documents, and materials submitted in the Proposal must be complete and accurate in all material aspects. Proposers are advised to carefully follow the instructions listed below in order to be considered fully responsive to this Proposal. Proposers are further advised that lengthy, overly verbose, or redundant submissions are not necessary. You need only to return required, signed documents and information pertinent to this specific project. Compliance with all requirements will be solely the responsibility of the Proposer. Failure to provide requested information may result in disqualification of response. The CITY cautions Proposers to ensure actual delivery of mailed or hand -delivered PROPOSALS prior to the deadline set for receiving PROPOSALS. Telephone confirmation of timely receipt of the PROPOSAL may be made by calling (407) 260-3480, before the April 9, 2020 2pm deadline. Proposers may withdraw their PROPOSALS by notifying the CITY in writing at any time prior to the time set for the PROPOSAL deadline. Proposers may withdraw their PROPOSALS in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the PROPOSAL. PROPOSALS, once opened, become the property of the CITY and will not be returned to the Proposers. No additional information may be submitted, or follow-up performed by any Proposer after the stated due date outside of a formal presentation to the Evaluation Committee. PROPOSAL FORMAT: The proposal must be submitted according to the requirements below: • Typewritten (no less than I pt. font), with headings, sections, and sub -sections identified appropriately. • Submitted on 8 1/2" x I I" paper, unbound. • Paper Clipped in the upper left hand corner, NO STAPLES. • Each section shall be separated and labeled accordingly by a tab. Proposers shall submit four (4) COMPLETE SETS (I original and 3 copies) of the complete PROPOSAL with all supporting documentation in a sealed envelope/container marked as noted above. One (1) complete electronic copy on a Thumb Drive or CD, in PDF format with the name of the company listed on the drive shall be submitted in addition to the hard copies. The Proposer may submit the PROPOSAL in person or by mail. Items to Return with Proposal in the FollowinE Order: 1. Formal Notice — Page 91 of Package 2. Tab I — Required Submittals 3. Tab 2 — Qualifications and Experience 4. Tab 3 — Procedural Plan 5. Tab 4 — Compensation Proposal 6. Tab 5 — Customer Service TAB 1. REQUIRED SUBMITTALS: A. Formal Notice: Page Al of the RFP Package. If a Proposer is a corporation, it must be certified with the Florida Secretary of State and have a corporate status in good standing, and in the case of out-of-state corporation, they must present evidence of authority to do business in the State of Florida. B. Letter of Transmittal: This letter will summarize in a brief and concise manner, the Proposer's understanding of the scope of work and make a positive commitment to perform the work in a timely manner. The letter should name all of the persons authorized to make representations for the Proposer, including the titles, addresses and telephone numbers of such persons. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. This letter should also serve as acknowledgement by the Proposer that the contents of the submittal are true and accurate, and that the requirements of this RFP can be met, including but not limited to, insurance, bonding and licensing requirements. Further, the Proposer acknowledges their intent to execute an Award Agreement with the CITY, C. License Sanctions: Regulatory/license agency sanctions within the past 5 years. D. Attachment A — Compensation Proposal Form E. Attachment B — Public Entity Crime Affidavit F. Attachment C — Public Records Disclosure Form G. Attachment D — E-Verification Certification H. Attachment E — Conflict of Interest Statement L Attachment F— Insurance Confirmation Form Attachment G — Drug -Free Workplace Certification Form K. Attachment H — Americans with Disabilities Act Affidavit TAB 2 - QUALIFICATIONS/EXPERIENCE: The Proposer shall include qualifications and past performance of the firm/individual(s) who will provide the services, including resumes. The submission must include: A. Show a minimum of 10 years' experience in the processing of physical damage claims. B. Experience will need to show a proven track record of recovering for diminution of value and loss of use and or loss of revenue. TAB 3 - PROCEDURAL PLAN The Operational Plan shall demonstrate the Proposer's compliance with the Proposal specifications and demonstrate their understanding of the requirements and needs of this RFP. A. Have a computer system where the municipality can view the progress of all files and has current technology to safeguard the information and electronically upload files. B. Show the skills, ability and legal expertise to process and recover for damaged vehicles as a total loss where the damages are as low as 50% damage to actual cash value. C. Show the ability to handle damaged vehicle/salvage disposal and have title branding knowledge and statutory awareness for compliance on a national basis. TAB 4 - COMPENSATION PROPOSAL A. Proposers to the RFP need to be able to handle the above services outlined in the Scope of Services, parts 1, 2 & 3 free of any charges to the City, with any compensation to be deducted on a percentage, flat fee, or per claim basis acceptable to the City solely from amounts collected by the Consultant. B. Respondents to the RFP need to identify the percentage of recovery they will retain for the following items: i. Recovery for loss of use ii. Recovery for lost revenue In Recovery for repair related diminution of value iv. Recovery for inherent related diminution of value Respondents to the RFP need to be clear that the only source of financial benefit to the service provider is to be derived from recovered proceeds for items (i) thru (iv) shown above. Under no circumstances should the City be invoiced for any costs, expenses, reimbursements, additional amounts, subscription or availability fees, or any other amounts. TAB 5 — CUSTOMER SERVICE A. Define the ease of access through phone and email B. Clearly define how responsive the Proposer will be to the client (City) C. Provide three (3) letters of recommendation D. Provide a detailed management plan for customer service E. List any litigation filed and adverse governmental regulatory action(s) taken against the Proposer within the last 5 years, the status of any such litigation or adverse regulatory action(s), and, if applicable, the outcome thereof (e.g., dismissal, settlement, sanctions, adverse ruling, etc.). SECTION IV — EVALUATION OF PROPOSALS Each proposal will be reviewed, evaluated, and scored as part of the formal selection process. The Proposer's proposal will be substantial part of the decision process to select a vendor. Each proposal will be reviewed independently based solely on the merits of the proposal. The proposals will then be scored and a short list of Proposers will be selected for additional evaluation (if required) and reference checks. The CITY shall be the sole judge of its own best interests, the proposals, and the resulting agreement. The CITY's decisions will be final. Award will be made to the proposal which presents the best value to the CITY based on the entire evaluation process and all the information gathered. FVALITATION CRITERIA. - The following criteria will be used in the evaluation: CRITERIA POINT VALUE Qualifications and Experience 0 - 30 Points Procedural Plan 0 - 15 Points Compensation Proposal 0 - 30 Points Customer Service 0 — 25 Points Total Possible Points 100 ASSESSMENT: The City intends to award up to one (1) contract to the top ranked proposers. Thus, the contract awarded will be non-exclusive. The CITY will appoint an Evaluation Committee consisting of members of its staff to evaluate submittals based on the initial Evaluation Criteria. Evaluation will be based on the evaluation criteria noted in the above table and will use basic scoring and best value scoring methods. Each evaluation criterion is assigned a weight based upon the importance of the criteria. The score can be zero to the maximum value, as noted above. The scores given by all Evaluation Team members for each evaluation criteria will then be averaged to arrive at a single evaluation criteria score for each Respondent. The scores for all evaluation criteria for each Respondent will be summed. RECOMMENDATION AND APPROVAL OF RANKING The Selection Committee will rank all complete written proposals received in order of preference. The Selection Committee with provide recommended rankings of the proposals for the City Commission's consideration and approval The City Commission, at its discretion, may accept or deny the Selection Committee's recommendation as submitted. The City Commission will establish and approve the final ranking of proposals. The City Commission will be the sole judge of its own interests, the proposals, and the resulting agreements. The City Commission's decision will be final. The City is not obligated to make an award to the Proposer with the best Compensation Proposal submitted. Proposals will be evaluated and an award of up to one (1) non-exclusive contract made based on the criteria set forth above. The City will select up to one (1) proposer the City determines is the most advantageous to the City in terms of price, quality of service, the Proposer's qualifications and capabilities to provide the specified services and comply with the applicable conditions of this Request for Proposal and Contract, and who, in the judgment of the City, will best serve the needs and interests of the City. In evaluating the Proposals, the City shall have the discretionary power to render decisions on: (i) the honesty, reputation, and integrity of a Proposer necessary to a faithful performance of the Contract; (ii) a Proposer's skill and business judgment; (iii) Proposer's facilities, labor force, and equipment for carrying out the Contract properly and expeditiously; (iv) Proposer's previous conduct under other contracts with the City and contracts with any other parties to whom the Proposer has provided work or services; (v) the quality of Proposer's previous work for the City and any other parties that the Proposer has provided work or services; (vi) Proposer's pecuniary ability and financial stability; (vii) the Proposer's previous and existing compliance with laws, ordinances, and regulations; (vin) Proposer's maintenance of a permanent place of business; (ix) Proposer's appropriate successful contractual and technical experience in similar work; (x) Proportional amount of the work Proposer intends to perform with its own organization as compared with the portion it intends to subcontract; (xi) the qualifications of subcontractors whom each Proposer proposes to use; (xii) the proximity of Proposer's labor force, equipment and business operation in relation to the City, (xiii) Proposer's ability to meet and/or maintain scheduling requirements, (xiv) Proposer's quoted prices for services, and (xv) Proposer's responsiveness to this Request for Proposals. The above factors may be determined by Proposer's past performance of services/work for supplied references and other parties Proposer has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Proposers, including of Proposer's personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Proposer to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such Proposer and its proposal. PART V — PROCUREMENT SCHEDULE MILESTONES Public Notice of Solicitation Pre -Proposal Conference Last Date for Questions Proposal Deadline Proposal Evaluation Recommendation of Award Brought Before the City Commission PROJECTED TIMELINE March 12, 2020 March 26, 2020 April 2, 2020 April 9, 2020 TBD TBD DRAFT VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT RFP #03122020 THIS VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT (this "Agreement" or "Contract") is dated as of the day of 2020 by and between address duly authorized to conduct business in the State of Florida, whose hereinafter called the "CONSULTANT", and the City of Longwood, a Florida municipality, whose address is 175 Warren Avenue, Longwood , Florida 32750, hereinafter called the "CITY". CITY and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: WITNESSETH: Section 1. Services. CITY does hereby retain Consultant to furnish services as more specifically described in the Scope of Services as contained in the solicitation package, which Scope of Services is incorporated herein by reference. CONSULTANT is also bound by all requirements as contained in the solicitation package and all addenda thereto, which are hereby incorporated by reference. Section 2. Term. This Agreement will take effect on the date of its execution by CITY and will run for a period of three (3) years. At the sole option of CITY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Task Assignments issued under this Agreement prior to the expiration of the Agreement may, if requested by the CITY, survive expiration to allow completion of the services and work authorized thereunder. The City shall have the right to terminate this Agreement for convenience at any time upon thirty (30) days written notice to the CONSULTANT. Section 3. Authorization for Services. Authorization for provision of services by CONSULTANT under this Agreement may be in the form of written Task Assignments issued and executed by CITY. Each Task Assignment will describe the work and services required. The Task Assignments will be issued pursuant to and incorporate the terms of this Agreement. CITY makes no covenant or promise as to the number of available Task Assignments or that CONSULTANT will perform any work for CITY during the life of this Agreement. The services to be performed by the CONSULTANT pursuant to this Agreement are non-exclusive, and the CITY does not guarantee or otherwise represent that the CITY will provide the CONSULTANT with any work or any certain amount of work under this Agreement. CITY reserves the right to contract with other or multiple parties for the work or services contemplated by this Agreement when it is determined by CITY to be in the best interest of CITY. CITY shall have the sole right to reduce, or eliminate, in whole or in part, the services or Work assigned by any Task Assignment(s) issued under this Agreement at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. Section 4. Compensation. CITY agrees to compensate CONSULTANT for the services provided under this Agreement on a basis in accordance with the Compensation Proposal accepted by the CITY as Attachment "A." No monthly or per file fees may be charged. In no event will the CITY be required to pay for any services that have not been properly performed or completed, nor shall the CITY be required to pay any additional expenses, costs, or fees other than those specified in Attachment "A," it being understood that the amounts collected by the CONSULTANT on behalf of the CITY are the sole source of compensation to be paid pursuant to this Agreement and that Exhibit "A" sets forth the entirety of the compensation that may be due to the CONSULTANT. CITY is not required to pay CONSULTANT for any matter in which CONSULTANT fails to recover funds on the CITY's behalf. This Agreement does not constitute an assignment of claims or benefits by the CITY. Section 5. Payment Procedures. Upon collection of funds from claims made on the CITY's behalf, CONSULTANT shall promptly pay the amount(s) due to the CITY pursuant to the schedule contained in Attachment "A." CONSULTANT shall maintain adequate records to justify all fees, charges, expenses, and costs incurred or charged in performing the services under this Agreement for at least three (3) years after termination of this Agreement or in accordance with the applicable retention period prescribed by the GSl-SL General Records Schedule established by the Florida Department of State, Division of Library Services, whichever period is longer. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this paragraph for the purpose of inspection, audit, excerpts and transcription during normal business hours upon five (5) business days' written notice. Section 6. CONSULTANT's Representations/Obligations. Neither CITY's review, approval, nor acceptance of, nor payment for any of the services required will be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONSULTANT shall be and always remain liable to CITY, in accordance with applicable law, for any and all damages to CITY caused by CONSULTANT's negligent or wrongful provision of any of the services furnished under this Agreement. Section 7. Insurance. a. Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at the CONSULTANT's sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in the Contract Documents. Except as otherwise specified in the Contract Documents, the insurance must become effective prior to the commencement of Work by the CONSULTANT and must be maintained in force until Final Completion and Acceptance of the Work or such other time as required by the Contract Documents. b. The CONSULTANT will not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the CITY. c. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the Commencement of operations. The Certificate shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) calendar days' prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Contract. d. The CONSULTANT shall maintain, during the life of this Contract, the following coverages to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. e. The Commercial General Liability policy required herein must be issued on an occurrence basis and include coverage for the CONSULTANT's operations, independent contractors, subcontractors, and "broad form" property damage coverages protecting itself, its employees, agents, contractors, or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, personal or advertising injury, and products liability/completed operations, including what is commonly known as groups A, B, and C. Public liability coverage must include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the CONSULTANT's obligation to indemnify, defend, and hold harmless the CITY as provided in this Agreement. f. All insurance policies written on a Claims Made Form must maintain a retroactive date prior to the effective date of the Agreement. The CONSULTANT must purchase a Supplemental Extended Reporting Period ("SERP") with a minimum reporting period of not less than 3 years in contemplation of an event in which the policy is canceled, not renewed, switched to occurrence form, or any other event that requires the purchase of a SERP to cover a gap in insurance coverage for claims that may arise related to the CONSULTANT's acts or omissions in the performance of its obligations under this Agreement. Additionally, the CONSULTANT shall require the carrier to immediately inform the CONSULTANT, the CITY, and the CITY's PCD of any contractual obligations that may alter the CONSULTANT's professional liability coverage under this Agreement. g. The CONSULTANT shall maintain, during the life of this Contract, adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all of its employees performing work for the CITY pursuant to this Contract. All insurance, other than the Professional Liability and Workmen's Compensation policies to be maintained by the CONSULTANT shall be endorsed to include the CITY as an "Additional Insured." All insurance policies provided pursuant to this Agreement must include endorsements (i) making the policies primary and non-contributory with any valid and collectible insurance available to the CITY and (ii) waiving subrogation in favor of the CITY. h. The following are the minimum required insurance limits and may not be construed or otherwise interpreted to limit or restrict the CONSULTANT's indemnification obligations pursuant to this Agreement: Commercial General Liability Each Occurrence $1,000,000 Med Exp (any one person) $10,000 Personal & ADV Injury $1,000,000 General Aggregate $2,000,000 Products — Comp/OP AGG $2,000,000 Employee Benefits $1,000,000 Automobile Liability (endorsed for Any Auto) Combined Single Limit (each accident) $1,000,000 PIP $10,000 Professional Liability (Errors and Omissions) Each Claim $1,000,000 Aggregate $2,000,000 Umbrella Liability Each Occurrence $2,000,000 Aggregate $2,000,000 Workers Compensation and Employers' Liability I Florida Statutory Coverage Section 8. Contract Documents The Contract Documents, which comprise the entire agreement between CITY and CONSULTANT, are made a part hereof and consist of the following: a. This Agreement b. Addenda C. RFP and Proposal Documents d. CONSULTANT'S Insurance Requirements, Certificate and Insurance Policies e. Instructions to Proposers L Change Orders. g. Compensation Proposal Form Section 9. Scrutinized Companies — FL Statute § § 287.135 and 215.473: By entering into this Agreement, CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to § 215.4725, Florida Statutes, or are otherwise engaged in a boycott of Israel. Furthermore, if the Agreement amount equals or exceeds one million dollars (U.S.), CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, are on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to § 215.473, Florida Statutes, or are otherwise engaged in business operations in Cuba or Syria as defined in said statute. CONSULTANT understands and agrees that the CITY may immediately terminate this Agreement upon written notice if the CONSULTANT (or any of those related entities of the CONSULTANT as defined above by Florida law) is found to have certified falsely with regard to this section or if any of the following occur with respect to the CONSULTANT or related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel; or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Section 10. Miscellaneous. a. Personnel. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with CITY. All of the services required herein under shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services must be fully qualified and, if required, authorized, licensed, or otherwise permitted under the state and local law to perform such services. Any changes or substitutions in the CONSULTANT's key personnel as may be listed herein must be made known to the CITY's representative prior to execution, and written approval granted by the CITY before said change or substitution can become effective. b. Subcontracting. The City reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities and background of any subcontractor in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. If a subcontractor fails to perform, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work timely or otherwise, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. C. Arrears. The CONSULTANT shall not pledge the CITY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation, indebtedness, pending or threatened legal action or government or other regulatory action against any of CONSULTANT's or its subcontractors', agents' and employees' licenses that would impair its ability to fulfill the terms of this Agreement. d. Independent Consultant Relationship. The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Consultant, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship of its employees to the CITY is that of an Independent Consultant and not as employees or agents of the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement, or representation other than as specifically provided for in this Agreement. e. Nondiscrimination. The CONSULTANT warrants and represents that all of its employees are treated equally without regard to race, color, disability, marital status, religion, sex, age or national origin and in compliance with applicable law. f. Contingent Fees. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. g. Access and Audits. The CONSULTANT shall maintain all records relating to this Agreement and project, including adequate records to justify all charges, expenses, and costs incurred in performing the work for at least five (5) years after completion of this Contract, or longer if so required by the GS1-SL retention schedule established by the Florida Department of State, Division of Library Services. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this section for the purpose of inspection, audit, excerpts and transcription during normal business hours, at no cost to the CITY, upon five (5) days written notice. h. Authority to Practice. The CONSULTANT hereby represents and warrants that is has and J will continue to maintain all licenses and approvals required to conduct its business and to perform pursuant to this Agreement, and that it will at all times conduct it business activities in a reputable manner. No Waiver of Sovereign Immunity. Nothing contained in this Agreement or incorporated documents may be considered or deemed a waiver of the City's sovereign immunity protections or any other privilege, immunity, or defense afforded by law to the City or its officials, officers and employees, including, but not limited to, those set forth in Section 768.28, Florida Statutes. Ethics and Conflicts. CONSULTANT agrees that it will perform the services pursuant to this Agreement in a cordial and professional manner. CONSULTANT agrees that its agents, employees, contractors, and subcontractors, if any, will not engage in any act or omission that would create a conflict of interest in the performance of the CONSULTANT's obligations pursuant to this Agreement or that would violate or cause others (including officials or employees of the CITY) to violate any state or local ethics laws, including Chapter 112, Florida Statutes. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in § 112.311, Florida Statutes; CONSULTANT further represents that no person having any such interest shall be employed for such performance. K. IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DELAY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR COST OF COVER INCURRED BY CONSULTANT, SUB- CONSULTANTS OR ANY THIRD PARTIES ARISING OUT OF THIS AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF WORK BY THE CONSULTANT, SUB -CONSULTANTS OR BY THE CITY UNDER THIS AGREEMENT. REGARDLESS OF ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE CITY' S MAXIMUM MONETARY LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEE COMPENSATION THAT THE CITY IS REQUIRED TO PAY TO THE CONSULTANT FOR THE PROPER PERFORMANCE OF SERVICES PURSUANT TO THIS AGREEMENT. 1. Inconsistencies. If there are any inconsistencies between this Contract and the Proposal Documents, the terms of this Contract shall control to the extent of the conflict. Section 11. Survival. All covenants, representations, and warranties made in this Agreement by CONSULTANT and by the CONSULTANT in its response to the RFP shall survive the execution and delivery of this Agreement, completion of the Work and Final Payment. Section 12. Availability of Funds. Notwithstanding any other provision of this Contract and the Contract Documents to the contrary, the obligations of the CITY under this Contract are subject to discretionary annual appropriation and the availability of funds lawfully appropriated for its purpose by the City Commission of Longwood. When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, this Contract shall be deemed terminated on the last day of the fiscal period for which appropriations were made or earlier as determined by the City Commission, without further cost, penalty or obligation to the CITY. Section 13. Compliance with Laws / ADA. CONSULTANT agrees to comply with all laws, codes, rules and regulations bearing on the conduct of work, including those of the Federal, State and local agencies having jurisdiction, including the City of Longwood codes and regulations, and including any applicable laws and regulations with respect to fair debt collection practices. CONSULTANT shall not unlawfully discriminate against any person in its operations or activities or in its provisions of goods or services pursuant to this Agreement. CONSULTANT further agrees that it shall affirmatively comply with all applicable provisions of and regulations enacted pursuant to the Americans with Disabilities Act in its provision of goods or services for or on behalf of the CITY, including Titles II and III of the ADA addressing requirements for provisions of programs, services, and public accommodations. For the purposes of this paragraph, any services or products offered by the CONSULTANT to the public via the internet or online must comply with WCAG 2.0 AA or better in order to be deemed ADA compliant. If the CITY, Department of Justice, or other governmental entity responsible for ensuring ADA compliance notes any deficiency in the facilities, practices, services, or operations of the CONSULTANT furnished or provided in connection with the Agreement, the CONSULTANT shall, at no additional charge or cost to the CITY, immediately cure any such deficiencies without delay to the satisfaction of the CITY, USDOJ, or such other responsible governmental entity. CONSULANT further agrees that it shall indemnify, defend, and hold harmless the CITY from and against any and all claims, sanctions, or penalties assessed against the CITY, including attorneys' fees awarded against the CITY, which claims, sanctions, or penalties arise or otherwise result from the CONSULTANT's failure to comply with the ADA or, with regard to online or internet services, the WCAG 2.0 AA or better standard. Section 14. Additional Services. Should the CITY require additional services of the CONSULTANT beyond the original Scope of Services of the Contract Documents, the CITY and the CONSULTANT shall thereafter negotiate in good faith to agree upon a change order with a firm fixed price satisfactory to both parties. If an agreement is reached, then such agreement shall be specified in a written purchase order executed by both parties. CITY retains the option to instruct CONSULTANT via written Task Assignment to find local counsel to file suit against a liable party for any claim element. The final recovered amount from any such litigation, in addition to any Compensation to be provided pursuant to Exhibit A, will be the final recovered amount less the legal fees and costs incurred by litigation counsel. Prior to any such suit, the CITY and CONSULTANT will agree in writing via Task Assignment as to what the legal fee arrangement will be. In no event will the CONSULTANT or its agents, contractors, or employees be authorized to file or prosecute any litigation on the CITY's behalf without the CITY's express written authorization via Task Assignment, which the CITY has the right to refuse in its sole discretion. CITY retains the sole authority to make all final settlement and client -level decisions concerning any potential or actual litigation brought on the CITY's behalf. Section 15. Indemnification / Sovereign Immunity. CONSULTANT shall indemnify, defend, and hold harmless the CITY, its elected and appointed officials, officers, agents, and employees harmless from and against all claims, suits, actions, penalties, sanctions, costs, losses, liabilities, damages and/or cause of action, including, but not limited to, attorneys' fees and litigation costs at trial and appellate levels, arising from or related to the errors, omissions, negligent acts, recklessness, wrongful or illegal acts, or gross negligence of the CONSULTANT, inclusive of its subcontractors, agents, servants, or employees, in the performance of the CONSULTANT's duties pursuant to this Agreement. Such indemnity, defense, and hold harmless obligation requires CONSULTANT to provide a defense for and reimburse the CITY for all costs, attorney's fees (utilizing attorneys selected by or agreeable to the CITY), experts' fees, expenses, and liabilities incurred by CITY in or by reason of the defense of any such claim, suit, action or other indemnified claim, and the investigation thereof. The CITY expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with § 768.28, Florida Statutes. Nothing in this Agreement may inure to the benefit of any third party for the purpose of allowing any claim against the CITY, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Regardless of anything set forth in this Agreement to the contrary, the CITY's maximum monetary liability under this Agreement is limited to the fee compensation that the CITY is required to pay to the CONSULTANT for the proper performance of services pursuant to this Agreement. In no event may CONSULANT place or make any lien or claim of lien upon the CITY's real or personal property. For purposes of compliance with Florida law, CONSULTANT acknowledges that this Section 15. Indemnification / Sovereign Immunity shall be deemed a part of the specifications and the procurement documents for the Work. This Section 15. Indemnification / Sovereign Immunity survives termination and expiration of this Agreement, completion of the Work and Final Payment, and is intended by the CONSULTANT and CITY to be enforceable to fullest extent permissible under Florida law. Section 16. Public Records Laws. Pursuant to § 119.0701(2)(a), Florida Statutes, the City is required to provide the CONSULTANT with the following statement and establish the following requirements as contractual obligations pursuant to this Agreement: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-260-3441, MLONGO@LONGWOODFL.ORG, 175 WEST WARREN AVENUE, LONGWOOD, FLORIDA 32750. By entering into this Agreement, CONSULTANT acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services or provision of goods pursuant to, this Agreement, including any record, document, computerized information and program, e-mail, audio or video tape, photograph, or other writing of the CONSULTANT and its independent contractors, agents, and associates related, directly or indirectly, to this Agreement, are public records subject to the public records disclosure requirements of § 119.07(1), Florida Statutes, and Article I, § 24 of the Florida Constitution. Pursuant to § 119.0701, Florida Statutes, any CONSULTANT entering into a contract or agreement for goods or services with the CITY is required to: A. Keep and maintain public records required by the CITY to perform the services and work or provide goods pursuant to this Agreement. B. Upon request from the CITY, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are statutorily exempt from disclosure or confidential are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion or termination of the Agreement if the CONSULTANT does not transfer the records to the CITY. D. Upon completion or termination of the Agreement, transfer, at no cost, to the CITY all public records in the possession of the CONSULTANT or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT transfers all public records to the CITY upon completion or termination of the Agreement, the CONSULTANT shall destroy any duplicate public records that are exempt from disclosure or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion or termination of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining and maintaining public records. All records stored electronically must be provided to the CITY upon request in a format that is compatible with the information technology systems of the CITY. E. Because the CITY's documents are of utmost importance to the conduct of CITY business and due to the legal obligations imposed upon the CITY and CONSULTANT by the Florida Public Records Law, CONSULTANT agrees that it shall, under no circumstances, withhold possession of any public records, including originals, copies or electronic images thereof when such are requested by the CITY, regardless of any contractual or other dispute that may arise between CONSULTANT and the CITY. Requests to inspect or copy public records related to this Agreement must be made directly to the CITY. If the CONSULTANT receives any such request, CONSULTANT shall instruct the requestor to contact the CITY. If the CITY does not possess the records requested, the CITY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the CITY or otherwise allow the records to be inspected or copied within a reasonable time. CONSULTANT acknowledges that failure to provide public records to the CITY within a reasonable time may subject the CONSULTANT or CITY to penalties pursuant to § 119.10, Florida Statutes. Consultant further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the CITY. CONSULTANT shall further indemnify, defend, and hold the CITY harmless from and against any and all claims, damage awards, and causes of action, including any third party claims or awards for attorneys' fees and costs, arising from the CONSULTANT's failure to comply with the public records disclosure requirements of § 119.07(1), Florida Statutes, or by the CONSULTANT's failure to keep confidential those records that are statutorily exempt or confidential pursuant to Florida law. CONSULTANT authorizes the CITY to seek declaratory, injunctive, or other appropriate relief against the CONSULTANT from a circuit court in Seminole County on an expedited basis to enforce the requirements of this section. Furthermore, this Section shall survive termination and expiration of this Agreement, completion of the Work and Final Payment. Section 17. Successors and Assigns. No assignments by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. CITY and CONSULTANT each binds themselves and their respective successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. Section 18. Notices. Whenever either party desires to give notice unto the other including, but not limited to, claims under this Agreement, it must be given by written notice, hand delivered, signed and dated for receipt or sent by certified United States with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: FOR CITY OF LONGWOOD: Purchasing Division Attention: Purchasing Manager 155 West Warren Avenue Longwood, Florida 32750 FOR CONSULTANT: Section 19. Conflict of Interest. a. The CONSULTANT agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. b. The CONSULTANT hereby certifies that no officer, agent or employee of the CITY has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over 5% either directly or indirectly, in the business of the CONSULTANT to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. c. Pursuant to Section 216.347, Florida Statutes, the CONSULTANT hereby agrees that monies received from the CITY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. Section 20. Material Breaches of Agreement. a. The parties recognize that breaches of the Agreement may occur and that remedies for those breaches may be pursued under the Agreement. b. The parties further recognize that the safety of the public is of paramount concern. Therefore, the parties agree that any breach of the Agreement related to the life, safety or health of the public will be considered a material breach of the Contract Documents. C. Upon a material breach of the Contract Documents related to life, safety, or health, as determined by the CITY, the CITY shall issue a stop work order suspending the work and services or any specific portion of the work or services of the CONSULTANT until the conditions are corrected. If the life, safety, or health conditions giving rise to the stop work order are not corrected within a reasonable time, as determined by the CITY, then the material breach will entitle CITY to terminate this Agreement. The recognition of breaches of the provisions of the Contract Documents related to life, safety, and health as material breaches will not be construed as a limitation on other remedies for breaches or material breaches of the Agreement. Section 21. Attorney Fees. The parties expressly agree that each party shall be solely responsible for their own attorneys' fees and costs incurred in any negotiation, dispute resolution or litigation related to or arising out of the Work and this Agreement, except as otherwise expressly specified in the Agreement (by way of example: Bonds and Indemnity provisions). Section 22. Venue/Disputes. a. This Agreement is governed by and interpreted in accordance with the laws of the state of Florida. Any and all legal action arising from or concerning this Contract and/or the Contract Documents will, if in state court, have its exclusive venue in a court of proper jurisdiction in Seminole County, Florida, or, if in federal court, the Middle District of Florida, Orlando Division. b. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation may be initiated by any party by serving a written request for same on the other party. The Parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the Parties cannot agree on the selection of a mediator, then the CITY shall select the mediator who, if selected solely by the CITY, will be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until: (i) the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference; or (ii) sixty (60) days have elapsed since the written mediation request was made in the event the other party refuses to or has not committed to attend mediation. The Parties shall share the mediator's fee equally. The mediation shall be held in Seminole County, Florida, unless another location is mutually agreed upon by the Parties. Agreements reached in mediation are enforceable as settlement agreements in any court having jurisdiction thereof. Section 23. Truth -in -Negotiation Certificate. Signature of this Contract by the CONSULTANT acts as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract. Such rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside Consultants. The CITY shall exercise its rights under this "Certificate" within one year following final payment. Section 24. Force Majeure. Any delay or failure of either party in the performance of its required obligations hereunder will be excused if and to the extent caused by explosion; riot; war; sabotage; strikes (except involving CONSULTANT's labor force or subcontractors or agents); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; provided that prompt notice of such delay is given by such party to the other and each of the Parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for seven (7) days, either party may terminate this Agreement. Section 25. Unauthorized Aliens; E-Verify. CITY shall consider the employment by CONSULTANT of unauthorized aliens as a violation of section 274A (e) of the Immigration and Nationalization Act, as amended; and shall consider same to constitute a material breach of this Agreement. Moreover, CONSULTANT by execution of this Agreement commits to use E-Verify to insure that all new hires and all employees (existing and new) who shall perform work under this Agreement are authorized to lawfully work in the United States. CONSULTANT acknowledges that its use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the CONSULTANT provides labor under this Agreement and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. Section 26. False Claims. If CONSULTANT is unable to support any part of its claim, and it is determined that such inability is attributable to misrepresentations of fact or fraud on the part of CONSULTANT, then CONSULTANT shall be liable to CITY for an amount equal to such unsupported part of the claim in addition to all costs to CITY attributable to the cost of reviewing said part of its claim. CITY and CONSULTANT acknowledge that the Florida False Claims Act provides civil penalties of not more than $10,000.00 plus remedies for obtaining treble damages against Consultants or persons causing or assisting in causing Florida governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. CONSULTANT agrees to be bound by and comply with the provisions of the Florida False Claims Act and that the CITY may enforce its provisions against CONSULTANT. Section 27. Headings. Paragraph, section, and subsection headings are for the convenience of the Parties only and are not to be construed as part of this Agreement or utilized for interpretation purposes for this Agreement. Section 28. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the Parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. Section 29. Non -Waiver. Either party's express or implied waiver or election not to exercise any term, provision, or condition of this Agreement shall not be considered, construed, or interpreted as a waiver of strict compliance with that or any other term, condition, or provision of this Agreement in the future. Section 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be construed as an original agreement, but such counterparts shall together constitute one and the same instrument. Section 31. Interpretation. CITY and CONSULTANT each represent that they have both shared and participated in the drafting of this Agreement and that no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute regarding the meaning, intention, or interpretation of this Agreement or any portion thereof. Section 32. Integration; Modification; Amendment by Writing Only. The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof unless expressly referred to herein. Modifications of or amendment to this Agreement shall only be made in writing signed by both Parties. Section 33. Severability If any terms or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, to be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. [REMAINDER OF PAGE INTENTIONALLY BLANK — SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date when the last of the parties has signed below. CITY OF LONGWOOD, a Florida municipal corporation David Dowda, Temporary City Manager CONSULTANT (INSERT CONSULTANT) Print: Title: Date: ATTACHMENT A — COMPENSATION PROPOSAL FORM [IT IS ANTICIPATED THAT THE COMPENSATION PROPOSAL WILL VARY FROM VENDOR TO VENDOR — THE CITY RESERVES THE RIGHT TO REJECT ALL PROPOSALS AND RESOLICIT IF THE CITY ULTIMATELY DETERMINES, IN ITS SOLE DISCRETION. THAT THE COMPENSATION PROPOSALS ARE UNSATISFACTORY TO THE CITY OR ARE OTHERWISE NOT IN THE CITY'S BEST INTERESTS] Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Ph sical Damage based upon actual cost o repairs Loss of Use Collect for Loss of Use Loss of Revenue Collect for Loss of Revenue Diminution of Value Collect for Diminution of Value Repair related to Diminution of Value Collect for repair cost related to Diminution of Value Administrative Fees Administrative Fees Total Loss Collect on vehicles processed and accepted as total loss Dormant Claims Collect on dormant claims beyond Client's collection efforts Related Property Damage Collect on non -vehicle property damage — (light poles, stretchers, or specialty equipment, etc.) Photos Photo for minor damages Other Costs/Fees Any other known costs Other Commission Any other auto damage claim collections available ATTACHMENT B — PUBLIC ENTITY CRIME AFFIDAVIT SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths.) Before me, the undersigned authority, personally appeared who, being by me first duly sworn, made the following statements: The business address of is 2. My relationship to is (Name of Proposer or Consultant) (Name of Proposer or Consultant) (relationship such as sole proprietor, partner, president, vice president, etc.) 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the Proposer or Consultant nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Proposer or Consultant nor any affiliate of the Proposer or Consultant has been convicted of a public entity crime subsequent to July 1, 1989. Signature/Date (undersigned authority) Sworn to and subscribed before me in the state of on the day of, 20 Notary Public My commission expires and county of (affix seal) ATTACHMENT C - PUBLIC RECORDS DISCLOSURE FORM PROJECT NAME Vehicle Damage Recovery Services RFP # 03122020 Vendor/CONSULTANT acknowledges and agrees to the following: The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Vendor. 2. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor's response to each such request. AUTHORIZED SIGNATURE PRINT COMPANY/FIRM DATE TITLE ATTACHMENT D - E VERIFICATION CERTIFICATION NAME OF CONSULTANT ADDRESS The undersigned does hereby certify that the above named Consultant: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the Consultant will be providing services under the contract and consequently is unable to register to use the E-Verify system; or Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the Consultant will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the Consultant provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Consultant acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE: ATTACHMENT E - CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA CITY OF Before me, the undersigned authority, personally appeared sworn, deposes, and states: who was duly 1. I am the of with a local office in and principal office in 2. The above named entity is submitting an Expression of Interest for the City of Longwood project described as: RFP # 03122020 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own personal knowledge. 4. The Affiant states that only one submitting a Proposal for the above project and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity not its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract lettings by any local, State, or federal agency. 7. Neither the entity, not its affiliates, not any one associated with them has any potential conflict of interest due to any other clients, contracts, nor property interests for this project. 8. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Longwood. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Longwood. 10. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will immediately notify City of Longwood. DATED this day of 20 (Affiant) Typed Name of Affiant Title Sworn to and subscribed before me this day of , 20 Personally known OR produced identification Notary Public -State of (Type of identification) My commission expires (Printed typed or stamped commissioned named of notary public) ATTACHMENT F - INSURANCE CONFIRMATION On behalf of our client, And by acknowledging with signature below, we have read and understand the insurance requirements for this Solicitation and Agreement. We can and will provide a Certificate of Insurance (COI) that is compliant with the insurance requirements stated in this Solicitation and Agreement should our client be awarded the project. Signature of Agent Agency Project # & Title Print Name & Title Address Date *Insurance Companies may use their own internal form in lieu of this document ATTACHMENT G - DRUG -FREE WORKPLACE CERTIFICATION FORM IDENTICAL TIE PROPOSALS - In accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. SIGNATURE ATTACHMENT H - AMERICANS WITH DISABILITIES ACT AFFIDAVIT The undersigned CONSULTANT swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding CITY. The CONSULTANT will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONSULTANT agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONSULTANT or any other parry or parties to the Agreement for failure to comply with the ADA. The CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONSULTANT's acts or omissions in connection with the ADA. CONSULTANT: Signature: Printed Name: Title: Date: Affix Corporate Seal STATE OF ) ss CITY OF ) The foregoing instrument was of , 20 , personally known to me or has produced Print Name acknowledged by Notary Public in and for the CITY and State Aforementioned My commission expires: before me this day of firm), on behalf of the firm. He/She is identification. TOTAL SCORE Alternative Claims Management 275 Himolic LONG F I o r i d a CITY OF LONGWOOD fostering citizen bust and ci.dlh,ating a pro.�igeroris c°orrr mo ity Date: April 20.2020 To: Clint Gioielli, Acting City Manage m RbT."SD From: Lee Ricci, HR and Risk Management Dire for Subject: Auto Damage Claim RFP Recommendation On April 17, 2020 the selection committee for the RFP for Auto Damage Claim was convened, via webex, to review the submission(s). The Committee consists of Fire Chief, Mike Peters; Police Chief, David Dowda; Public Works Director, Shad Smith and myself. Greg Kirby, Procurement Manager was also available for the discussion. The City received only one submission for the service. That submission is from Alternative Claims Management (ACM). The committee voiced two concerns — quantifying their years of service and fees for photoscoping services. We forwarded those concerns to ACM and have received responses that satisfied the committee. Thus the selection committee recommends the RFP be awarded to ACM. Please let me know if you have any questions. Upon receipt of your approval of this recommendation, an item for the Commission agenda will be prepared. Attachments RFP response from ACM Evaluation sheet with scores 1.75 West Warren Avenue . Longwood, Florida 32750 . (407) 260-3440 Voice . (407) 260-3419 Fax www.longwoodfl.org ATTACHMENT A- COMPENSATION PROPOSAL FORM Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Physical Damage 0% retained based upon actual cost of repairs Loss of Use Collect for Loss of Use 50% of what is recovered Loss of Revenue Collect for Loss of Revenue 50% of what is recovered Diminution of Value Collect for Diminution of Value 50% of what is recovered Repair Related Diminution of Collect for r e p a i r cost related to 50% of what is recovered Value Diminution of Value Administrative Fees Administrative Fees 50% of what is recovered Collect on vehicles processed and 50% of the difference Total Loss accepted as "total loss" between wholesale and retail Collect on dormant claims beyond Dormant Claims Client's collection efforts No additional fees Collect on non -vehicle property damage - Related Property Damage (light poles, stretchers, or specialty I 0% of what is recovered equipment, etc.) Photo Scope Claims Photo for minor damages Up to $350 All reports are passed thru at Other Costs/Fees Damage estimates, total loss evaluations, cost. No administrative mark - diminished value evaluations ups Drug removal, equipment transfer, Other Commission sanitation and other miscellaneous fees 50% of what is recovered * Based upon Manheim Auto Auctions "Manheim Market Report' (MMR) rytltll>rte�, LoWOODNREQUEST FOR PROPOSAL FLORIOA RFP # 03122020 VEHICLE DAMAGE RECOVERY SERVICES PRE -PROPOSAL CONFERENCE March 26, 2020 g 10:00 AM City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 LAST DATE FOR QUESTIONS & CLARIFICATIONS April 2, 2020 g 5:00 pm PROPOSAL DUE DATE April 9, 2020 at 2:00 pm Public Opening of Sealed Proposals Immediately Following Response Closing. City Commission Chambers /175 W. Warren Ave. / Longwood, FL 32750 Company Name Mailing Address Company Principal/Title Authorized Signature SUBMIT PROPOSALS TO: City of Longwood Purchasing Division 155 W. Warren Ave Longwood, FL 32750 Federal Employer ID Number or SS Number I II III IV Receipt of Addendum Email Print Name/Title Phone Greg Kirby, Purchasing Manager (407) 260-3451 - Fax Gkirby(a longwoodfl.org THIS FORMAL NOTICE MUST BE COMPLETED AND RETURNED WITH YOUR PROPOSAL SECTION I - GENERAL PROVISIONS INQUIRIES; INTERPRETATIONS: All Proposers shall carefully examine the Request for Proposal (RFP) documents (sometimes herein called "Proposal Documents"). Any ambiguities or inconsistencies shall be brought to the attention of the CITY Purchasing and Contracts Division (PCD) in writing prior to the due date. Failure to raise posited ambiguities or inconsistencies on the part of the Proposal will constitute an acceptance by the Proposer of any subsequent decision of the CITY. Any questions concerning the intent, meaning, and interpretation of the RFP documents, including the attached draft agreement, shall be requested in writing, and received by the CITY Purchasing and Contracts Division at least seven (7) business days prior to the due date. Questions or requests shall not be accepted after that time. Questions, as referenced herein, may be sent to the CITY Purchasing and Contracts Division via electronic mail at purchasingklongwoodfl.org. Notwithstanding the preceding, Proposers are required to advise the CITY of any conflicts in the RFP or any discrepancies between conditions noted at the project site and those shown, if applicable, on the plans, including the specifications, or otherwise referenced or referred to herein. Replies will be issued by addenda as provided in the Addenda section herein. Only questions answered by formal written addenda shall be binding. Oral and other interpretations or clarifications will be expressly without legal effect. Only interpretation or correction given by the Purchasing Manager, in writing, shall be binding, and prospective Proposers are advised that no other source is authorized to give information concerning, to explain, or to interpret the Proposal Documents. Regardless of the issuance of any addenda, submission of a Proposal (sometimes herein called a "bid") in response to the RFP will nevertheless be construed as though the submission of a Proposal complies with any such addenda and shall act as an acknowledgement of receipt of any and all addenda. CONTACT: All prospective Proposers are hereby instructed not to contact any member of the City of Longwood City Commissioners, City Manager, or City of Longwood Staff members other than the noted contact person regarding this RFP or their Proposal at any time prior to the posting on the Web Site of the final evaluation and recommended ranking by CITY staff for this contract/project. Any such contact shall be cause for rejection of your Proposal. The City will not respond to oral inquiries. Proposers may submit emailed inquires to Purchasing@longwoodfl.org. The last day for inquiries is 7 calendar days prior to the due date. PUBLIC CLOSING: Proposals shall be received at the Purchasing and Contracts Division at the above referenced address by the specified time and date. As soon as possible thereafter the names of the Proposers shall be read aloud at the specified location. Persons with disabilities needing assistance to participate in the Public Closing should call the contact person at least 48 hours in advance of the Public Closing at (407) 260- 3480. DELAYS: The CITY, at its sole discretion, may delay the scheduled due dates indicated above if it is to the advantage of the CITY to do so. The CITY will post all changes in scheduled due dates by written addendum posted to the CITY' S website www.longwoodfl.org. EXAMINATION OF CONTRACT DOCUMENTS AND SITE: Before submitting a Proposal, each Proposer must: 1) examine the Proposal Documents thoroughly; 2) visit the site to familiarize itself with local conditions that may in any manner affect the cost, progress, or performance of the work or services contemplated by the project, including but not limited to, weather and climatologic data relating the area; 3) familiarize itself with federal, state, and local laws, ordinances, rules, regulations, and policies that may in any manner affect cost, progress, or performance of the work or services; 4) study and carefully correlate Proposer's observations with the Proposal Documents; 5) make written requests for interpretations promptly after discovering any conflicts, errors, inconsistencies, or ambiguities; and 6) if applicable, contact all utilities and other who may be working at the project site, including CITY owned utilities, prior to submitting a Proposal to determine the extent to which utility installations, utility relocations or adjustments (temporary or permanent) will impact the Proposer's responsibility to schedule, coordinate, and sequence the work and services with the work of the CITY, utility work, and work or services of any others at the project site. Before submitting a Proposal, each Proposer shall, at Proposer's own expense, make or obtain any and/or additional investigations, examinations, tests, or explorations and obtain additional information that pertain to the physical conditions (surface, subsurface, and Underground Facilities) at or proximate to the site or that otherwise may affect cost, progress, sequencing, or performance of the work or services relating to this project and which Proposer deems necessary to determine its Proposal for performing in accordance with the time, price, and other terms and conditions of the Contract Documents. The submission of a Proposal shall constitute a conclusive and binding representation by the Proposer that (1) it has complied with every requirement of this subsection, (ii) the Contract Documents are sufficient in scope and detail to indicate and convey understanding of all terms and conditions for performance of the work and services; and (iii) Proposer will make no claim arising from or relating to its failure to comply with or otherwise exercise the provisions of this subsection. By submitting a Proposal, Proposers agree to the terms of the draft Agreement provided in this RFP. The submission of a Proposal will be an indication that the Proposer has considered normal local weather conditions (daily and monthly variations) for the previous ten (10) years from the date of the Proposal as compiled by the National Weather Service and measured at the Orlando International Airport. Proposer should consider and include the impact of weather conditions and inclement weather, including but not limited to, the possibility of hurricanes and tropical storms and related adverse weather conditions common to central Florida, on Proposer's scheduling, sequencing, and similar items in preparation of the Proposal. No claim may be made or allowed based upon the schedule impact or requirements of mobilization, de -mobilization, or re -mobilization due to local weather conditions. Proposer will take no advantage of any apparent error or omission which it may discover in the Contract Documents, but Proposer shall at once notify the CITY's PCD of such discovery, which will then make such corrections and interpretations as may be deemed necessary by the CITY and at the CITY's sole discretion for reflecting the actual spirit and intent of the provisions or portions at issue. ADDENDA: Should revisions to the RFP documents become necessary; the CITY will post addenda information on the Onvia DemandStar Web Site www.demandstar.com, and it is the sole responsibility of the Proposer to ensure they obtain information related to Addenda. All Proposers should check the Onvia DemandStar Web Site or contact the purchasing manager for the CITY's Purchasing and Contracts Division to verify information regarding Addenda. By execution of the Formal Notice for this solicitation package, the Proposer acknowledges receipt of all Addenda issued under this solicitation. No Addenda will be issued less than seven (7) calendar days prior to the Proposal opening, unless otherwise specified by the CITY's Purchasing and Contracts Division. Failure to acknowledge receipt of Addenda shall result in a determination that the Proposer's submittal package is Non -Responsive. SELECTION PROCESS AND CONTRACT AWARD: The contract award will be made, at the City's option, to one (1) firm based on the criterion outlined in the Instructions to Proposers determined by the City to be most advantageous to the City. The Proposer(s) understands that this RFP does not constitute an agreement or a contract between the City and the Proposer for the services solicited. The City reserves the right to reject all proposals, to waive any formalities or minor irregularities, and to solicit and re -advertise for new proposals, or to abandon the contract award/project in its entirety at any time prior to the City Commission approving a contract and its execution by the City. City also reserves the right to reject the Proposal of any Proposer who has previously failed in the proper performance of an award or to deliver on time contracts of a similar nature or who, in the City's opinion, is not in a position to perform properly under this award. City reserves the right to inspect all facilities of Proposers in order to make a determination as to the foregoing. City reserves the right to waive any irregularities, informalities, and technicalities and may, at the City's discretion, request a re -procurement. In evaluating Proposals, the City will consider the information provided by the proposers as described in these "INSTRUCTIONS TO PROPOSERS." Any of the following non-exclusive causes may be considered as sufficient grounds for disqualification of a Proposer or the rejection of a Proposal: a) Submission of more than one (1) Proposal for the same work or services by any entity under the same or different names; b) Evidence of collusion amongst Proposers; c) Submission of an unbalanced Proposal in which prices quoted for some items are out of proportion to the prices quoted for other or similar items in the same Proposal; d) Lack of responsibility as shown by past work or performance from the standpoint of life, safety, and the public welfare, including, but not limited to, strict adherence to all requirements of CITY, workmanship, progress, and financial irresponsibility; e) Lack of responsibility as demonstrated by a pattern or severity of litigation or adverse regulatory activity taken against the Proposer; f) Uncompleted Work for which the Apparent Low Proposer is committed by contract which might hinder or prevent the prompt completion of Work under this Proposal if an Agreement would have been awarded to the Apparent Low Proposer; g) Lack of responsibility as evidenced by the debarment or suspension of the Proposer from participation in further solicitations or procurements by another governmental agency or entity; h) Falsification of any entry made on the Proposal Documents shall be deemed a material irregularity and will be grounds, at the CITY's option, for disqualification of the Apparent Low Proposer or rejection of the Proposer; and/or i) Non-compliance with the submittal requirements of these Instructions to Proposers. This section shall be construed liberally to benefit the public and not the Apparent Low Proposer; however, any other evidence which may hinder or other delay completion of the project may be sufficient grounds for disqualification of any Proposal. PROPOSAL PREPARATION COSTS: Neither the CITY nor its representatives will be liable for any expenses incurred in connection with preparation of a proposal in response to this RFP. Proposers should prepare their PROPOSALS simply and economically, providing a straightforward and concise description of the Proposer's ability to meet the requirements of the RFP. By submitting a proposal in response to this Request for Proposals, proposers waive and release any and all right to make claims for reimbursement of proposal preparation costs against the CITY and its officers, officials, employees and representatives. ACCURACY OF PROPOSAL INFORMATION: Any Proposer which submits in its PROPOSAL to the CITY any information that is determined to be substantially inaccurate, misleading, exaggerated, or incorrect, will be disqualified from consideration. INSURANCE: A falsity or misrepresentation of any material fact, whether intentional or not, regarding the Proposer's insurance coverage, policies, or capabilities or failure to provide to the City sufficient proof of insurance is grounds for rejection of the Proposer's submitted Proposal and rescission of any ensuing Award Agreement. CITY recommends that all Proposers review the insurance requirements listed within the Contract Documents with their insurance carriers. A copy of the insurance certificate must be furnished to the City prior to final execution of the City's Award Agreement. The CITY reserves the right to reject the award to any Proposer that fails to acquire and maintain the insurance as required within the City's Award Agreement or otherwise fails to provide sufficient proof thereof. SURETIES: To be acceptable to the CITY for bonding purposes, a Surety shall comply with the following provisions: a) The Surety must be registered and licensed to do business within the State of Florida; b) The Surety shall have been in business with a record of successful continuous operations for at least five (5) years; c) The Surety shall have at least the following A.M. Best's minimum ratings: AGREEMENT RATING FINANCIAL RATING 250,000 or less B+ Class I 250,000 — 500,000 A Class II 500,000 — 750,000 A Class III 750,000 — 1,000,000 A Class IV 1,000,000 — 1,500,000 A Class V 1,500,000 — 2,500,000 A Class VI 2,500,000 — 3,750,000 3,750,000 — 5,000,000 5,000,000 or more A+ A+ A+ Class VII Class VIII Class IX Best's Policyholder's Rating of "A+", "A" and `B+", (which signifies A and A+ = Excellent, B+ = Very Good, based upon good underwriting, economic management, adequate reserves for undisclosed liabilities, net resources for unusual stock and sound investment) or an equivalent rating from the Insurance Commissioner if not rated by Best's. d) Any risk or portion of any risk that shall have been reinsured (in which case these minimum requirements contained herein only apply to the reinsuring carrier) in assuming insurer authorized or approved by the Insurance Commissioner to do such business in this State shall be deducted in determining the limitation of risk described in this section. In the case of a surety insurance company, there shall be deducted in addition to the deduction for reinsurance, the amount assumed by any co - surety; the value of any security deposited, pledged or held subject to the consent of the Surety and for the protection of the Surety. No compensation shall be made for providing Bonds as prescribed in this Section. POSTING OF RFP AWARD: Recommendation for award will be posted on the Onvia DemandStar Web Page (www.demandstar.com) prior to submission through the appropriate approval process to the City Commissioners for final approval of award. Failure to file protest to the Purchasing Manager within the time and in the manner prescribed in the City's Purchasing Code shall constitute a waiver of proceedings. PRE -PROPOSAL CONFERENCE: A non -mandatory pre -Proposal conference will be held for this project. PERFORMANCE EVALUATION: At the end of the contract, the receiving department will evaluate the successful Proposer's performance. This evaluation will become public record. PROHIBITION AGAINST CONTINGENT FEES: It is unethical for a person to be retained, or to retain any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement. By participating in this solicitation, the Proposer certifies that it has not paid or agreed to pay any person, company, corporation, individual or firm, other than a bona fide employee working solely for the SERVICE PROVIDER, any fee, commission, percentage, gift, or other consideration contingent upon or resulting from award or making of this Agreement. For the breach or violation of this provision, the CITY shall have the right to terminate the Agreement at its sole discretion, without liability and to deduct from the Agreement price, or otherwise recover, the full amount of such fee, commission, percentage, gift, or consideration. PURCHASING CODE: The City of Longwood Purchasing Code and Procedures and any applicable state and federal laws apply in its entirety with respect to this RFP. AFFIRMATION: By submission of a Proposal, Proposer affirms that his/her Proposal is made without prior understanding, agreement or connection with any corporation, firm, or person submitting a Proposal for the same materials, supplies, equipment or services, and is in all respects fair and without collusion or fraud. Proposer agrees to abide by all conditions of this Request for Proposal and the resulting contract. CONFLICT OF INTEREST: The Proposer agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. TRUTH -IN -NEGOTIATION: Signature of any resulting agreement relating to this RFP by the Proposer shall act as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in the resulting contract are accurate, complete and current as of the date of same. The said rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside CONSULTANTS. The CITY may exercise its rights under this "Certificate" within one year following final payment. DRUG FREE WORKPLACE: The City of Longwood is a Drug Free Workplace. The attached Drug Free Workplace Form must be signed and returned to this office with the Proposal. E-VERIFY: The Proposer shall utilize the U.S. Department of Homeland Security's E-Verify system to verify the employment eligibility of all new employees hired by the Proposer during the term of the resulting agreement; and shall expressly require any subconsultants or subcontractors performing work or providing services pursuant to any resulting contract to likewise utilize the U.S. Department of Homeland Security's E- Verify system to verify the employment eligibility of all new employees hired by same during the contract term. PUBLIC ENTITY CRIMES STATEMENT: In accordance with Florida Statutes Sec. 287.133(2)(a), "A person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a PROPOSAL on a contract to provide any goods/services to a public entity, may not submit a PROPOSAL on a contract with a public entity for construction or repair of a public building or public work, may not submit PROPOSALS on leases of real property to a public entity, may not be awarded or perform work as a CONSULTANT under a contract with any public entity, and may not transact business with any public entity in excess of the threshold amount provided in Section 287.017, for Category Two, for a period of 36 months from the date of being placed on the convicted vendor list." PROMPT PAYMENT: Any invoicing pursuant to the Agreement is to be governed by the applicable provisions of Part VII of Chapter 218, Florida Statutes (i.e., the Florida Local Government Prompt Payment Act). Any and all invoices must be in a form satisfactory to the City of Longwood Finance Department. PUBLIC RECORDS: In accordance with Chapter 119, Florida Statutes, the Public Records Act, all Proposers should be aware that this Request for Proposals and Proposals submitted in response thereto are made in the public domain and are subject to disclosure, except to the extent expressly exempted or made confidential under the Public Records Act. In accordance with Section 119.071(1) (b), Florida Statutes, Proposals submitted in response to this Request for Proposals are temporarily exempt from public disclosure until such time as the City provides notice of an intended decision or until thirty (30) days after opening the Proposals, whichever occurs earlier, unless otherwise provided by law. The Proposal submitted by you may contain information, which are designated "confidential" or "exempt" from disclosure under the Public Records Act and other applicable laws. If your Proposal contains such information, you are required to mark the confidential or exempt information as such and advise the City in writing with specificity the applicable law making those provisions exempt or confidential from disclosure. A generic notation that information is "exempt" or "confidential" will not suffice. Failure to provide a detailed explanation and justification including statutory citations and specific reference to your Proposal detailing what provisions, if any, you believe are exempt from disclosure, may result in your Proposal or any portion thereof, being subject to disclosure in accordance with Chapter 119 of the Florida Statutes. The Proposers awarded contracts pursuant to this RFP will be required to comply with Chapter 119, Florida Statutes, including the requirements of a Consultant or Contractor pursuant to § 119.0701, Florida Statutes. INSURANCE: A misrepresentation, regardless of whether intentional, concerning the Proposer's insurance coverage, policies, or capabilities constitutes grounds for rejection of the Proposer's submitted PROPOSAL and rescission of any ensuing Agreement. All Proposers MUST review the insurance requirements listed within the Draft Agreement with their insurance carriers. A copy of the insurance certificate must be furnished to the City prior to final execution of the City's Award Agreement. The CITY reserves the right to reject the award to any Proposer that fails to provide the insurance or proof thereof as required within the Draft Agreement. Proposer understands and agrees that payment for services or work performed under any resulting agreement relating to this RFP may be reimbursable to the CITY under applicable federal or state programs or that such programs may be utilized to compensate Proposer. For all types of work or services that are or may be eligible for reimbursement under the Federal Highway Administration Emergency Relief Program ("FHWA"), other federal Department of Transportation programs, Federal Emergency Management Agency ("FEMA") programs, or other state or federal reimbursement or public assistance programs (collectively "Programs") relating to the work or the services provided by Proposer pursuant to any resulting agreement relating to this RFP, Proposer shall familiarize itself with and comply with all laws, rules, regulations, requirements, guidelines, standards, and practices of such applicable Programs unless otherwise directed by the CITY in writing. If Proposer determines that it cannot comply with all such applicable Programs in any manner, then Proposer shall immediately provide written notice to the CITY setting forth the particular law, rule, regulation, requirement, guideline, standard, and/or practice with which Proposer cannot comply and detailing the reasons or rationale for Proposer's inability or failure to comply with the particular law, rule regulation, requirement, guidelines, standard and/or practice. Further, as to any applicable Programs, Proposer agrees to assist and timely cooperate with the CITY in preparation of and documentation of necessary reports and records for applicable Programs CITY reimbursement or payment, and Proposer shall work closely with applicable Programs officials and employees to ensure that supporting data, reports, records, and performance of the work or services meets or exceeds all applicable Programs standards required for payment or reimbursement eligibility. RECORDS RETENTION: Records of costs incurred under the terms of this agreement must be maintained and made available upon request at all times during the period of this agreement and for five (5) years after final payment is made, or such longer period of time as may be required by the GS1-SL records retention schedule established by the Florida Department of State, Division of Library Services. Copies of these documents and records must be furnished upon request. Records of costs incurred include general accounting records and the project records, together with supporting documents and records considered necessary for a proper audit of costs. PUBLIC ENTITY CRIME: Any Person or affiliate, as defined in section 287.133, Florida Statutes, is not allowed to contract with the CITY, nor allowed to enter into a subcontract for work on or services on any agreement relating to this RFP, if such a person or affiliate has been convicted of a public entity crime within three (3) years of the date that any resulting agreement was advertised for proposals, or if such person or affiliate was listed on the State's convicted vendor list within three (3) years of the date any resulting agreement relating to this RFP was advertised, whichever time period is greater. A public entity crime means a violation of any state or federal law with respect to and directly related to the transaction of business with any public entity or agency (federal, state or local), involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, forgery, falsification of records, receiving stolen property or material misrepresentation. Any agreement with the CITY obtained in violation of this section shall be subject to termination for cause. A subcontractor who obtains a subcontract in violation of this section shall be removed from the project and promptly replaced by a subcontractor acceptable to the CITY. POST -CONTRACT AWARD DEFAULT: Unless otherwise prohibited by law, if the proposer/Consultant who is awarded a contract by the City through this RFP is terminated or removed from further work or services by the City for a default in the performance under the contract, the City may, without commencing a new competitive procurement process and without waiving any rights or remedies against the defaulting Proposer/Consultant, contract with the next highest ranked proposer that is willing and able to complete the work or services if such is determined by the City Commission to be in the City's best interest. In awarding a contract to the next highest ranked proposer that is willing and able to complete the work or services, the City may accept such proposer's original compensation plan or negotiate a plan more consistent with the original plan submitted by the defaulting proposer/Consultant. SCRUTINIZED COMPANIES — FL STATUTE §§ 287.135 AND 215.473: By participating in this solicitation, Proposer certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to § 215.4725, Florida Statutes, or are otherwise engaged in a boycott of Israel. Furthermore, if the resulting contract amount equals or exceeds one million dollars (U.S.), Proposer certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, are on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to § 215.473, Florida Statutes, or are otherwise engaged in business operations in Cuba or Syria as defined in said statute. Proposer understands and agrees that the City may reject the Proposer's proposal or bid or otherwise immediately terminate any resulting contract upon written notice if the Proposer (or any of those related entities of the Proposer as defined above by Florida law) are found to have certified falsely with regard to this section or if any of the following occur with respect to the Proposer or related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel; or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. SECTION II - SCOPE OF WORK The City of Longwood is seeking professional services to assist with vehicle damage recovery collection services for the City. The Consultant shall be highly knowledgeable in damage recovery of both repairable and total loss claim processing and related expenses, as well as, diminution of value (related and inherent), loss of use and/or loss of revenue. The Consultant shall assist the City with vehicle damage recovery collection services to include, but not be limited to: 1. Review the file for at fault parties and properly identify the driver and owner of the vehicle and their insurance carrier. 2. Be able to, have the vehicle appraised on a national basis by an I -Car (Inter Industry Conference for Collision Repair) Gold Class or better appraiser and have that appraisal reviewed by a central estimate review team also having I -Car Gold Class certification to ensure accuracy, completeness, and compliance with I -Car standards as well as the vehicle manufacturers design and repair specifications. 3. Be able to provide subrogation services for the recovery of damages (repairable damage or total loss) and be able to attest to and subsequently prove average recovery times of 90 days or less. 4. Be able to, based upon documentation provided by the municipality, identify, calculate and pursue the at fault party for the net revenues lost by the municipality for the time the vehicle was being repaired or replaced, if any; or if the damaged unit was not revenue producing but was a specialty vehicle that is not routinely available in the rental market, calculate and pursue the at fault party for the appropriate portion of the municipalities cost to maintain a pool fleet for the period of time the vehicle is being repaired or replaced; or if the vehicle was a non -specialty vehicle that is routinely available in the rental market, the cost or value of a comparable vehicle for the period of time the vehicle was being repaired or replaced. 5. Be able to identify, properly document and pursue the at fault party for the repair related and inherent related diminution of value the vehicle sustained as a result of the damaged caused by the at fault party, if any. 6. Be able to understand, have intimate knowledge of, effectively argue, and recover the costs associated when manufacturers warranties, physical or practical tolerances have been compromised based upon thrust of impact and has rendered a piece of lifesaving equipment such as stretchers and defibrillators not usable until such time as testing has taken place. Those costs would be the shipping and testing of such equipment and subsequent repair. If the testing rendered such equipment worthless and/or not meeting the standards of being able to be used, recovery would include the aforementioned fees and costs together with the replacement cost of the damaged equipment. 7. Be able to, provide estimates for minor damages from photos. 8. The City contemplates that any compensation due to the Consultant be deducted on a percentage or other fee basis acceptable to the City solely from amounts actually collected by the Consultant and that no other fees, costs, expenses, subscription charges, or other compensation will be due from the City. 9. If City opts to do so, and the Consultant agrees, City may instruct Consultant to find local counsel to file suit against a liable party for any claim element. The final recovered amount from any such litigation, in addition to any Compensation to be provided pursuant to Exhibit A, will be the final recovered amount less the legal fees and costs incurred by litigation counsel. Prior to any such suit, the City and Consultant will agree in writing via Task Assignment as to what the legal fee arrangement will be. Regardless of the foregoing, in no event will the Consultant or its agents, contractors, or employees be authorized to file or prosecute any litigation on the City's behalf without the City's express written authorization via Task Assignment, which the City shall have the right to refuse in its sole discretion. City retains the sole authority to make all final settlement and client -level decisions concerning any potential or actual litigation brought on the City's behalf. SECTION III - INSTRUCTIONS TO PROPOSERS The Proposer(s) warrants any response to this RFP to be fully disclosed and correct. The firm must submit a Proposal complying with this RFP, and the information, documents, and materials submitted in the Proposal must be complete and accurate in all material aspects. Proposers are advised to carefully follow the instructions listed below in order to be considered fully responsive to this Proposal. Proposers are further advised that lengthy, overly verbose, or redundant submissions are not necessary. You need only to return required, signed documents and information pertinent to this specific project. Compliance with all requirements will be solely the responsibility of the Proposer. Failure to provide requested information may result in disqualification of response. The CITY cautions Proposers to ensure actual delivery of mailed or hand -delivered PROPOSALS prior to the deadline set for receiving PROPOSALS. Telephone confirmation of timely receipt of the PROPOSAL may be made by calling (407) 260-3480, before the April 9, 2020 2pm deadline. Proposers may withdraw their PROPOSALS by notifying the CITY in writing at any time prior to the time set for the PROPOSAL deadline. Proposers may withdraw their PROPOSALS in person or through an authorized representative. Proposers and authorized representatives must disclose their identity and provide a signed receipt for the PROPOSAL. PROPOSALS, once opened, become the property of the CITY and will not be returned to the Proposers. No additional information may be submitted, or follow-up performed by any Proposer after the stated due date outside of a formal presentation to the Evaluation Committee. PROPOSAL FORMAT: The proposal must be submitted according to the requirements below: • Typewritten (no less than I pt. font), with headings, sections, and sub -sections identified appropriately. • Submitted on 8 1/2" x I I" paper, unbound. • Paper Clipped in the upper left hand corner, NO STAPLES. • Each section shall be separated and labeled accordingly by a tab. Proposers shall submit four (4) COMPLETE SETS (I original and 3 copies) of the complete PROPOSAL with all supporting documentation in a sealed envelope/container marked as noted above. One (1) complete electronic copy on a Thumb Drive or CD, in PDF format with the name of the company listed on the drive shall be submitted in addition to the hard copies. The Proposer may submit the PROPOSAL in person or by mail. Items to Return with Proposal in the FollowinE Order: 1. Formal Notice — Page 91 of Package 2. Tab I — Required Submittals 3. Tab 2 — Qualifications and Experience 4. Tab 3 — Procedural Plan 5. Tab 4 — Compensation Proposal 6. Tab 5 — Customer Service TAB 1. REQUIRED SUBMITTALS: A. Formal Notice: Page Al of the RFP Package. If a Proposer is a corporation, it must be certified with the Florida Secretary of State and have a corporate status in good standing, and in the case of out-of-state corporation, they must present evidence of authority to do business in the State of Florida. B. Letter of Transmittal: This letter will summarize in a brief and concise manner, the Proposer's understanding of the scope of work and make a positive commitment to perform the work in a timely manner. The letter should name all of the persons authorized to make representations for the Proposer, including the titles, addresses and telephone numbers of such persons. An authorized agent of the Proposer must sign the Letter of Transmittal indicating the agent's title or authority. This letter should also serve as acknowledgement by the Proposer that the contents of the submittal are true and accurate, and that the requirements of this RFP can be met, including but not limited to, insurance, bonding and licensing requirements. Further, the Proposer acknowledges their intent to execute an Award Agreement with the CITY, C. License Sanctions: Regulatory/license agency sanctions within the past 5 years. D. Attachment A — Compensation Proposal Form E. Attachment B — Public Entity Crime Affidavit F. Attachment C — Public Records Disclosure Form G. Attachment D — E-Verification Certification H. Attachment E — Conflict of Interest Statement L Attachment F— Insurance Confirmation Form Attachment G — Drug -Free Workplace Certification Form K. Attachment H — Americans with Disabilities Act Affidavit TAB 2 - QUALIFICATIONS/EXPERIENCE: The Proposer shall include qualifications and past performance of the firm/individual(s) who will provide the services, including resumes. The submission must include: A. Show a minimum of 10 years' experience in the processing of physical damage claims. B. Experience will need to show a proven track record of recovering for diminution of value and loss of use and or loss of revenue. TAB 3 - PROCEDURAL PLAN The Operational Plan shall demonstrate the Proposer's compliance with the Proposal specifications and demonstrate their understanding of the requirements and needs of this RFP. A. Have a computer system where the municipality can view the progress of all files and has current technology to safeguard the information and electronically upload files. B. Show the skills, ability and legal expertise to process and recover for damaged vehicles as a total loss where the damages are as low as 50% damage to actual cash value. C. Show the ability to handle damaged vehicle/salvage disposal and have title branding knowledge and statutory awareness for compliance on a national basis. TAB 4 - COMPENSATION PROPOSAL A. Proposers to the RFP need to be able to handle the above services outlined in the Scope of Services, parts 1, 2 & 3 free of any charges to the City, with any compensation to be deducted on a percentage, flat fee, or per claim basis acceptable to the City solely from amounts collected by the Consultant. B. Respondents to the RFP need to identify the percentage of recovery they will retain for the following items: i. Recovery for loss of use ii. Recovery for lost revenue In Recovery for repair related diminution of value iv. Recovery for inherent related diminution of value Respondents to the RFP need to be clear that the only source of financial benefit to the service provider is to be derived from recovered proceeds for items (i) thru (iv) shown above. Under no circumstances should the City be invoiced for any costs, expenses, reimbursements, additional amounts, subscription or availability fees, or any other amounts. TAB 5 — CUSTOMER SERVICE A. Define the ease of access through phone and email B. Clearly define how responsive the Proposer will be to the client (City) C. Provide three (3) letters of recommendation D. Provide a detailed management plan for customer service E. List any litigation filed and adverse governmental regulatory action(s) taken against the Proposer within the last 5 years, the status of any such litigation or adverse regulatory action(s), and, if applicable, the outcome thereof (e.g., dismissal, settlement, sanctions, adverse ruling, etc.). SECTION IV — EVALUATION OF PROPOSALS Each proposal will be reviewed, evaluated, and scored as part of the formal selection process. The Proposer's proposal will be substantial part of the decision process to select a vendor. Each proposal will be reviewed independently based solely on the merits of the proposal. The proposals will then be scored and a short list of Proposers will be selected for additional evaluation (if required) and reference checks. The CITY shall be the sole judge of its own best interests, the proposals, and the resulting agreement. The CITY's decisions will be final. Award will be made to the proposal which presents the best value to the CITY based on the entire evaluation process and all the information gathered. FVALITATION CRITERIA. - The following criteria will be used in the evaluation: CRITERIA POINT VALUE Qualifications and Experience 0 - 30 Points Procedural Plan 0 - 15 Points Compensation Proposal 0 - 30 Points Customer Service 0 — 25 Points Total Possible Points 100 ASSESSMENT: The City intends to award up to one (1) contract to the top ranked proposers. Thus, the contract awarded will be non-exclusive. The CITY will appoint an Evaluation Committee consisting of members of its staff to evaluate submittals based on the initial Evaluation Criteria. Evaluation will be based on the evaluation criteria noted in the above table and will use basic scoring and best value scoring methods. Each evaluation criterion is assigned a weight based upon the importance of the criteria. The score can be zero to the maximum value, as noted above. The scores given by all Evaluation Team members for each evaluation criteria will then be averaged to arrive at a single evaluation criteria score for each Respondent. The scores for all evaluation criteria for each Respondent will be summed. RECOMMENDATION AND APPROVAL OF RANKING The Selection Committee will rank all complete written proposals received in order of preference. The Selection Committee with provide recommended rankings of the proposals for the City Commission's consideration and approval The City Commission, at its discretion, may accept or deny the Selection Committee's recommendation as submitted. The City Commission will establish and approve the final ranking of proposals. The City Commission will be the sole judge of its own interests, the proposals, and the resulting agreements. The City Commission's decision will be final. The City is not obligated to make an award to the Proposer with the best Compensation Proposal submitted. Proposals will be evaluated and an award of up to one (1) non-exclusive contract made based on the criteria set forth above. The City will select up to one (1) proposer the City determines is the most advantageous to the City in terms of price, quality of service, the Proposer's qualifications and capabilities to provide the specified services and comply with the applicable conditions of this Request for Proposal and Contract, and who, in the judgment of the City, will best serve the needs and interests of the City. In evaluating the Proposals, the City shall have the discretionary power to render decisions on: (i) the honesty, reputation, and integrity of a Proposer necessary to a faithful performance of the Contract; (ii) a Proposer's skill and business judgment; (iii) Proposer's facilities, labor force, and equipment for carrying out the Contract properly and expeditiously; (iv) Proposer's previous conduct under other contracts with the City and contracts with any other parties to whom the Proposer has provided work or services; (v) the quality of Proposer's previous work for the City and any other parties that the Proposer has provided work or services; (vi) Proposer's pecuniary ability and financial stability; (vii) the Proposer's previous and existing compliance with laws, ordinances, and regulations; (vin) Proposer's maintenance of a permanent place of business; (ix) Proposer's appropriate successful contractual and technical experience in similar work; (x) Proportional amount of the work Proposer intends to perform with its own organization as compared with the portion it intends to subcontract; (xi) the qualifications of subcontractors whom each Proposer proposes to use; (xii) the proximity of Proposer's labor force, equipment and business operation in relation to the City, (xiii) Proposer's ability to meet and/or maintain scheduling requirements, (xiv) Proposer's quoted prices for services, and (xv) Proposer's responsiveness to this Request for Proposals. The above factors may be determined by Proposer's past performance of services/work for supplied references and other parties Proposer has performed services/work, information submitted as part of the proposal or in response to an inquiry by the City, and information otherwise known or discovered by the City, or any combination thereof. The City may conduct detailed examinations of Proposers, including of Proposer's personnel, place of business and facilities, compliance with federal, state, and local laws and all relevant licensing and permitting requirements, and other matters of responsibility germane to the procurement process. The failure of a Proposer to supply information in connection with an inquiry in a timely manner, at the City's discretion, may be grounds for rejecting such Proposer and its proposal. PART V — PROCUREMENT SCHEDULE MILESTONES Public Notice of Solicitation Pre -Proposal Conference Last Date for Questions Proposal Deadline Proposal Evaluation Recommendation of Award Brought Before the City Commission PROJECTED TIMELINE March 12, 2020 March 26, 2020 April 2, 2020 April 9, 2020 TBD TBD DRAFT VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT RFP #03122020 THIS VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT (this "Agreement" or "Contract") is dated as of the day of 2020 by and between address duly authorized to conduct business in the State of Florida, whose hereinafter called the "CONSULTANT", and the City of Longwood, a Florida municipality, whose address is 175 Warren Avenue, Longwood , Florida 32750, hereinafter called the "CITY". CITY and CONSULTANT, in consideration of the mutual covenants hereinafter set forth, agree as follows: WITNESSETH: Section 1. Services. CITY does hereby retain Consultant to furnish services as more specifically described in the Scope of Services as contained in the solicitation package, which Scope of Services is incorporated herein by reference. CONSULTANT is also bound by all requirements as contained in the solicitation package and all addenda thereto, which are hereby incorporated by reference. Section 2. Term. This Agreement will take effect on the date of its execution by CITY and will run for a period of three (3) years. At the sole option of CITY, this Agreement may be renewed for two (2) successive periods not to exceed one (1) year each. Task Assignments issued under this Agreement prior to the expiration of the Agreement may, if requested by the CITY, survive expiration to allow completion of the services and work authorized thereunder. The City shall have the right to terminate this Agreement for convenience at any time upon thirty (30) days written notice to the CONSULTANT. Section 3. Authorization for Services. Authorization for provision of services by CONSULTANT under this Agreement may be in the form of written Task Assignments issued and executed by CITY. Each Task Assignment will describe the work and services required. The Task Assignments will be issued pursuant to and incorporate the terms of this Agreement. CITY makes no covenant or promise as to the number of available Task Assignments or that CONSULTANT will perform any work for CITY during the life of this Agreement. The services to be performed by the CONSULTANT pursuant to this Agreement are non-exclusive, and the CITY does not guarantee or otherwise represent that the CITY will provide the CONSULTANT with any work or any certain amount of work under this Agreement. CITY reserves the right to contract with other or multiple parties for the work or services contemplated by this Agreement when it is determined by CITY to be in the best interest of CITY. CITY shall have the sole right to reduce, or eliminate, in whole or in part, the services or Work assigned by any Task Assignment(s) issued under this Agreement at any time and for any reason, upon written notice to the CONSULTANT specifying the nature and extent of the reduction. Section 4. Compensation. CITY agrees to compensate CONSULTANT for the services provided under this Agreement on a basis in accordance with the Compensation Proposal accepted by the CITY as Attachment "A." No monthly or per file fees may be charged. In no event will the CITY be required to pay for any services that have not been properly performed or completed, nor shall the CITY be required to pay any additional expenses, costs, or fees other than those specified in Attachment "A," it being understood that the amounts collected by the CONSULTANT on behalf of the CITY are the sole source of compensation to be paid pursuant to this Agreement and that Exhibit "A" sets forth the entirety of the compensation that may be due to the CONSULTANT. CITY is not required to pay CONSULTANT for any matter in which CONSULTANT fails to recover funds on the CITY's behalf. This Agreement does not constitute an assignment of claims or benefits by the CITY. Section 5. Payment Procedures. Upon collection of funds from claims made on the CITY's behalf, CONSULTANT shall promptly pay the amount(s) due to the CITY pursuant to the schedule contained in Attachment "A." CONSULTANT shall maintain adequate records to justify all fees, charges, expenses, and costs incurred or charged in performing the services under this Agreement for at least three (3) years after termination of this Agreement or in accordance with the applicable retention period prescribed by the GSl-SL General Records Schedule established by the Florida Department of State, Division of Library Services, whichever period is longer. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this paragraph for the purpose of inspection, audit, excerpts and transcription during normal business hours upon five (5) business days' written notice. Section 6. CONSULTANT's Representations/Obligations. Neither CITY's review, approval, nor acceptance of, nor payment for any of the services required will be construed to operate as a waiver of any rights under this Agreement, or of any cause of action arising out of the performance of this Agreement. CONSULTANT shall be and always remain liable to CITY, in accordance with applicable law, for any and all damages to CITY caused by CONSULTANT's negligent or wrongful provision of any of the services furnished under this Agreement. Section 7. Insurance. a. Without limiting any of the other obligations or liabilities of the CONSULTANT, the CONSULTANT shall, at the CONSULTANT's sole expense, procure, maintain, and keep in force amounts and types of insurance conforming to the minimum requirements set forth in the Contract Documents. Except as otherwise specified in the Contract Documents, the insurance must become effective prior to the commencement of Work by the CONSULTANT and must be maintained in force until Final Completion and Acceptance of the Work or such other time as required by the Contract Documents. b. The CONSULTANT will not commence work under this Contract until it has obtained all insurance required under this paragraph and such insurance has been approved by the CITY. c. All insurance policies shall be issued by companies authorized to do business under the laws of the State of Florida. The CONSULTANT shall furnish Certificates of Insurance to the CITY prior to the Commencement of operations. The Certificate shall clearly indicate that the CONSULTANT has obtained insurance of the type, amount, and classification as required for strict compliance with this paragraph and that no material change or cancellation of the insurance shall be effective without thirty (30) calendar days' prior written notice to the CITY. Compliance with the foregoing requirements shall not relieve the CONSULTANT of its liability and obligations under this Contract. d. The CONSULTANT shall maintain, during the life of this Contract, the following coverages to protect the CONSULTANT from claims for damages for bodily injury, including wrongful death, as well as from claims of property damages which may arise from any operations under this Contract, whether such operations be by the CONSULTANT or by anyone directly employed by or contracting with the CONSULTANT. e. The Commercial General Liability policy required herein must be issued on an occurrence basis and include coverage for the CONSULTANT's operations, independent contractors, subcontractors, and "broad form" property damage coverages protecting itself, its employees, agents, contractors, or subsidiaries, and their employees or agents for claims for damages caused by bodily injury, property damage, personal or advertising injury, and products liability/completed operations, including what is commonly known as groups A, B, and C. Public liability coverage must include either blanket contractual insurance or a designated contract contractual liability coverage endorsement, indicating expressly the CONSULTANT's obligation to indemnify, defend, and hold harmless the CITY as provided in this Agreement. f. All insurance policies written on a Claims Made Form must maintain a retroactive date prior to the effective date of the Agreement. The CONSULTANT must purchase a Supplemental Extended Reporting Period ("SERP") with a minimum reporting period of not less than 3 years in contemplation of an event in which the policy is canceled, not renewed, switched to occurrence form, or any other event that requires the purchase of a SERP to cover a gap in insurance coverage for claims that may arise related to the CONSULTANT's acts or omissions in the performance of its obligations under this Agreement. Additionally, the CONSULTANT shall require the carrier to immediately inform the CONSULTANT, the CITY, and the CITY's PCD of any contractual obligations that may alter the CONSULTANT's professional liability coverage under this Agreement. g. The CONSULTANT shall maintain, during the life of this Contract, adequate Workman's Compensation Insurance and Employer's Liability Insurance in at least such amounts as are required by law for all of its employees performing work for the CITY pursuant to this Contract. All insurance, other than the Professional Liability and Workmen's Compensation policies to be maintained by the CONSULTANT shall be endorsed to include the CITY as an "Additional Insured." All insurance policies provided pursuant to this Agreement must include endorsements (i) making the policies primary and non-contributory with any valid and collectible insurance available to the CITY and (ii) waiving subrogation in favor of the CITY. h. The following are the minimum required insurance limits and may not be construed or otherwise interpreted to limit or restrict the CONSULTANT's indemnification obligations pursuant to this Agreement: Commercial General Liability Each Occurrence $1,000,000 Med Exp (any one person) $10,000 Personal & ADV Injury $1,000,000 General Aggregate $2,000,000 Products — Comp/OP AGG $2,000,000 Employee Benefits $1,000,000 Automobile Liability (endorsed for Any Auto) Combined Single Limit (each accident) $1,000,000 PIP $10,000 Professional Liability (Errors and Omissions) Each Claim $1,000,000 Aggregate $2,000,000 Umbrella Liability Each Occurrence $2,000,000 Aggregate $2,000,000 Workers Compensation and Employers' Liability I Florida Statutory Coverage Section 8. Contract Documents The Contract Documents, which comprise the entire agreement between CITY and CONSULTANT, are made a part hereof and consist of the following: a. This Agreement b. Addenda C. RFP and Proposal Documents d. CONSULTANT'S Insurance Requirements, Certificate and Insurance Policies e. Instructions to Proposers L Change Orders. g. Compensation Proposal Form Section 9. Scrutinized Companies — FL Statute § § 287.135 and 215.473: By entering into this Agreement, CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, have been placed on the Scrutinized Companies that Boycott Israel List created pursuant to § 215.4725, Florida Statutes, or are otherwise engaged in a boycott of Israel. Furthermore, if the Agreement amount equals or exceeds one million dollars (U.S.), CONSULTANT certifies that neither it, nor any of its wholly owned subsidiaries, majority -owned subsidiaries, parent companies, or affiliates of such entities or business associations, which exist for the purpose of making profit, are on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List created pursuant to § 215.473, Florida Statutes, or are otherwise engaged in business operations in Cuba or Syria as defined in said statute. CONSULTANT understands and agrees that the CITY may immediately terminate this Agreement upon written notice if the CONSULTANT (or any of those related entities of the CONSULTANT as defined above by Florida law) is found to have certified falsely with regard to this section or if any of the following occur with respect to the CONSULTANT or related entity: (i) it has been placed on the Scrutinized Companies that Boycott Israel List or is otherwise engaged in a boycott of Israel; or (ii) for any contract for goods or services of one million dollars or more, it has been placed on the Scrutinized Companies with Activities in the Sudan List or the Scrutinized Companies with Activities in the Iran Petroleum Energy Sector List, or it is found to have been engaged in business operations in Cuba or Syria. Section 10. Miscellaneous. a. Personnel. The CONSULTANT represents that it has, or will secure at its own expense, all necessary personnel required to perform the services under this Agreement. Such personnel shall not be employees of or have any contractual relationship with CITY. All of the services required herein under shall be performed by the CONSULTANT or under its supervision, and all personnel engaged in performing the services must be fully qualified and, if required, authorized, licensed, or otherwise permitted under the state and local law to perform such services. Any changes or substitutions in the CONSULTANT's key personnel as may be listed herein must be made known to the CITY's representative prior to execution, and written approval granted by the CITY before said change or substitution can become effective. b. Subcontracting. The City reserves the right to accept the use of a subcontractor or to reject the selection of a particular subcontractor and to inspect all facilities and background of any subcontractor in order to make a determination as to the capability of the subcontractor to perform properly under this Agreement. If a subcontractor fails to perform, as required by this Agreement, and it is necessary to replace the subcontractor to complete the work timely or otherwise, the CONSULTANT shall promptly do so, subject to acceptance of the new subcontractor by the CITY. C. Arrears. The CONSULTANT shall not pledge the CITY's credit or make it a guarantor of payment or surety for any contract, debt, obligation, judgment, lien, or any form of indebtedness. The CONSULTANT further warrants and represents that it has no obligation, indebtedness, pending or threatened legal action or government or other regulatory action against any of CONSULTANT's or its subcontractors', agents' and employees' licenses that would impair its ability to fulfill the terms of this Agreement. d. Independent Consultant Relationship. The CONSULTANT is, and shall be, in the performance of all work services and activities under this Contract, an Independent Consultant, and not an employee, agent, or servant of the CITY. All persons engaged in any of the work or services performed pursuant to this Contract shall at all times, and in all places, be subject to the CONSULTANT's sole direction, supervision, and control. The CONSULTANT shall exercise control over the means and manner in which it and its employees perform the work, and in all respects the CONSULTANT's relationship and the relationship of its employees to the CITY is that of an Independent Consultant and not as employees or agents of the CITY. The CONSULTANT does not have the power or authority to bind the CITY in any promise, agreement, or representation other than as specifically provided for in this Agreement. e. Nondiscrimination. The CONSULTANT warrants and represents that all of its employees are treated equally without regard to race, color, disability, marital status, religion, sex, age or national origin and in compliance with applicable law. f. Contingent Fees. The CONSULTANT warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the CONSULTANT to solicit or secure this Agreement and that it has not paid or agreed to pay any person, company, corporation, individual, or firm, other than a bona fide employee working solely for the CONSULTANT, any fee, commission, percentage, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. g. Access and Audits. The CONSULTANT shall maintain all records relating to this Agreement and project, including adequate records to justify all charges, expenses, and costs incurred in performing the work for at least five (5) years after completion of this Contract, or longer if so required by the GS1-SL retention schedule established by the Florida Department of State, Division of Library Services. The CITY or its duly authorized representatives shall have access to such books, records, and documents as required in this section for the purpose of inspection, audit, excerpts and transcription during normal business hours, at no cost to the CITY, upon five (5) days written notice. h. Authority to Practice. The CONSULTANT hereby represents and warrants that is has and J will continue to maintain all licenses and approvals required to conduct its business and to perform pursuant to this Agreement, and that it will at all times conduct it business activities in a reputable manner. No Waiver of Sovereign Immunity. Nothing contained in this Agreement or incorporated documents may be considered or deemed a waiver of the City's sovereign immunity protections or any other privilege, immunity, or defense afforded by law to the City or its officials, officers and employees, including, but not limited to, those set forth in Section 768.28, Florida Statutes. Ethics and Conflicts. CONSULTANT agrees that it will perform the services pursuant to this Agreement in a cordial and professional manner. CONSULTANT agrees that its agents, employees, contractors, and subcontractors, if any, will not engage in any act or omission that would create a conflict of interest in the performance of the CONSULTANT's obligations pursuant to this Agreement or that would violate or cause others (including officials or employees of the CITY) to violate any state or local ethics laws, including Chapter 112, Florida Statutes. CONSULTANT represents that it presently has no interest and shall acquire no interest, either direct or indirect, which would conflict in any manner with the performance of services required hereunder, as provided for in § 112.311, Florida Statutes; CONSULTANT further represents that no person having any such interest shall be employed for such performance. K. IN NO EVENT SHALL THE CITY BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR DELAY DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF REVENUE, OR LOSS OF USE, OR COST OF COVER INCURRED BY CONSULTANT, SUB- CONSULTANTS OR ANY THIRD PARTIES ARISING OUT OF THIS AGREEMENT AND/OR CONCERNING THE PERFORMANCE OF WORK BY THE CONSULTANT, SUB -CONSULTANTS OR BY THE CITY UNDER THIS AGREEMENT. REGARDLESS OF ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, THE CITY' S MAXIMUM MONETARY LIABILITY UNDER THIS AGREEMENT IS LIMITED TO THE FEE COMPENSATION THAT THE CITY IS REQUIRED TO PAY TO THE CONSULTANT FOR THE PROPER PERFORMANCE OF SERVICES PURSUANT TO THIS AGREEMENT. 1. Inconsistencies. If there are any inconsistencies between this Contract and the Proposal Documents, the terms of this Contract shall control to the extent of the conflict. Section 11. Survival. All covenants, representations, and warranties made in this Agreement by CONSULTANT and by the CONSULTANT in its response to the RFP shall survive the execution and delivery of this Agreement, completion of the Work and Final Payment. Section 12. Availability of Funds. Notwithstanding any other provision of this Contract and the Contract Documents to the contrary, the obligations of the CITY under this Contract are subject to discretionary annual appropriation and the availability of funds lawfully appropriated for its purpose by the City Commission of Longwood. When funds are not appropriated or otherwise made available to support the continuation of performance in a subsequent fiscal period, this Contract shall be deemed terminated on the last day of the fiscal period for which appropriations were made or earlier as determined by the City Commission, without further cost, penalty or obligation to the CITY. Section 13. Compliance with Laws / ADA. CONSULTANT agrees to comply with all laws, codes, rules and regulations bearing on the conduct of work, including those of the Federal, State and local agencies having jurisdiction, including the City of Longwood codes and regulations, and including any applicable laws and regulations with respect to fair debt collection practices. CONSULTANT shall not unlawfully discriminate against any person in its operations or activities or in its provisions of goods or services pursuant to this Agreement. CONSULTANT further agrees that it shall affirmatively comply with all applicable provisions of and regulations enacted pursuant to the Americans with Disabilities Act in its provision of goods or services for or on behalf of the CITY, including Titles II and III of the ADA addressing requirements for provisions of programs, services, and public accommodations. For the purposes of this paragraph, any services or products offered by the CONSULTANT to the public via the internet or online must comply with WCAG 2.0 AA or better in order to be deemed ADA compliant. If the CITY, Department of Justice, or other governmental entity responsible for ensuring ADA compliance notes any deficiency in the facilities, practices, services, or operations of the CONSULTANT furnished or provided in connection with the Agreement, the CONSULTANT shall, at no additional charge or cost to the CITY, immediately cure any such deficiencies without delay to the satisfaction of the CITY, USDOJ, or such other responsible governmental entity. CONSULANT further agrees that it shall indemnify, defend, and hold harmless the CITY from and against any and all claims, sanctions, or penalties assessed against the CITY, including attorneys' fees awarded against the CITY, which claims, sanctions, or penalties arise or otherwise result from the CONSULTANT's failure to comply with the ADA or, with regard to online or internet services, the WCAG 2.0 AA or better standard. Section 14. Additional Services. Should the CITY require additional services of the CONSULTANT beyond the original Scope of Services of the Contract Documents, the CITY and the CONSULTANT shall thereafter negotiate in good faith to agree upon a change order with a firm fixed price satisfactory to both parties. If an agreement is reached, then such agreement shall be specified in a written purchase order executed by both parties. CITY retains the option to instruct CONSULTANT via written Task Assignment to find local counsel to file suit against a liable party for any claim element. The final recovered amount from any such litigation, in addition to any Compensation to be provided pursuant to Exhibit A, will be the final recovered amount less the legal fees and costs incurred by litigation counsel. Prior to any such suit, the CITY and CONSULTANT will agree in writing via Task Assignment as to what the legal fee arrangement will be. In no event will the CONSULTANT or its agents, contractors, or employees be authorized to file or prosecute any litigation on the CITY's behalf without the CITY's express written authorization via Task Assignment, which the CITY has the right to refuse in its sole discretion. CITY retains the sole authority to make all final settlement and client -level decisions concerning any potential or actual litigation brought on the CITY's behalf. Section 15. Indemnification / Sovereign Immunity. CONSULTANT shall indemnify, defend, and hold harmless the CITY, its elected and appointed officials, officers, agents, and employees harmless from and against all claims, suits, actions, penalties, sanctions, costs, losses, liabilities, damages and/or cause of action, including, but not limited to, attorneys' fees and litigation costs at trial and appellate levels, arising from or related to the errors, omissions, negligent acts, recklessness, wrongful or illegal acts, or gross negligence of the CONSULTANT, inclusive of its subcontractors, agents, servants, or employees, in the performance of the CONSULTANT's duties pursuant to this Agreement. Such indemnity, defense, and hold harmless obligation requires CONSULTANT to provide a defense for and reimburse the CITY for all costs, attorney's fees (utilizing attorneys selected by or agreeable to the CITY), experts' fees, expenses, and liabilities incurred by CITY in or by reason of the defense of any such claim, suit, action or other indemnified claim, and the investigation thereof. The CITY expressly retains all rights, benefits, and immunities of sovereign immunity in accordance with § 768.28, Florida Statutes. Nothing in this Agreement may inure to the benefit of any third party for the purpose of allowing any claim against the CITY, which claim would otherwise be barred under the doctrine of sovereign immunity or by operation of law. Regardless of anything set forth in this Agreement to the contrary, the CITY's maximum monetary liability under this Agreement is limited to the fee compensation that the CITY is required to pay to the CONSULTANT for the proper performance of services pursuant to this Agreement. In no event may CONSULANT place or make any lien or claim of lien upon the CITY's real or personal property. For purposes of compliance with Florida law, CONSULTANT acknowledges that this Section 15. Indemnification / Sovereign Immunity shall be deemed a part of the specifications and the procurement documents for the Work. This Section 15. Indemnification / Sovereign Immunity survives termination and expiration of this Agreement, completion of the Work and Final Payment, and is intended by the CONSULTANT and CITY to be enforceable to fullest extent permissible under Florida law. Section 16. Public Records Laws. Pursuant to § 119.0701(2)(a), Florida Statutes, the City is required to provide the CONSULTANT with the following statement and establish the following requirements as contractual obligations pursuant to this Agreement: IF THE CONSULTANT HAS QUESTIONS REGARDING THE APPLICATION OF CHAPTER 119, FLORIDA STATUTES, TO THE CONSULTANT'S DUTY TO PROVIDE PUBLIC RECORDS RELATING TO THIS AGREEMENT, CONTACT THE CUSTODIAN OF PUBLIC RECORDS AT 407-260-3441, MLONGO@LONGWOODFL.ORG, 175 WEST WARREN AVENUE, LONGWOOD, FLORIDA 32750. By entering into this Agreement, CONSULTANT acknowledges and agrees that any records maintained, generated, received, or kept in connection with, or related to the performance of services or provision of goods pursuant to, this Agreement, including any record, document, computerized information and program, e-mail, audio or video tape, photograph, or other writing of the CONSULTANT and its independent contractors, agents, and associates related, directly or indirectly, to this Agreement, are public records subject to the public records disclosure requirements of § 119.07(1), Florida Statutes, and Article I, § 24 of the Florida Constitution. Pursuant to § 119.0701, Florida Statutes, any CONSULTANT entering into a contract or agreement for goods or services with the CITY is required to: A. Keep and maintain public records required by the CITY to perform the services and work or provide goods pursuant to this Agreement. B. Upon request from the CITY, provide the CITY with a copy of the requested records or allow the records to be inspected or copied within a reasonable time at a cost that does not exceed the cost provided in Chapter 119, Florida Statutes, or as otherwise provided by law. C. Ensure that public records that are statutorily exempt from disclosure or confidential are not disclosed except as authorized by law for the duration of the term of the Agreement and following completion or termination of the Agreement if the CONSULTANT does not transfer the records to the CITY. D. Upon completion or termination of the Agreement, transfer, at no cost, to the CITY all public records in the possession of the CONSULTANT or keep and maintain public records required by the CITY to perform the service. If the CONSULTANT transfers all public records to the CITY upon completion or termination of the Agreement, the CONSULTANT shall destroy any duplicate public records that are exempt from disclosure or confidential and exempt from public records disclosure requirements. If the CONSULTANT keeps and maintains public records upon completion or termination of the Agreement, the CONSULTANT shall meet all applicable requirements for retaining and maintaining public records. All records stored electronically must be provided to the CITY upon request in a format that is compatible with the information technology systems of the CITY. E. Because the CITY's documents are of utmost importance to the conduct of CITY business and due to the legal obligations imposed upon the CITY and CONSULTANT by the Florida Public Records Law, CONSULTANT agrees that it shall, under no circumstances, withhold possession of any public records, including originals, copies or electronic images thereof when such are requested by the CITY, regardless of any contractual or other dispute that may arise between CONSULTANT and the CITY. Requests to inspect or copy public records related to this Agreement must be made directly to the CITY. If the CONSULTANT receives any such request, CONSULTANT shall instruct the requestor to contact the CITY. If the CITY does not possess the records requested, the CITY shall immediately notify the CONSULTANT of the request, and the CONSULTANT must provide the records to the CITY or otherwise allow the records to be inspected or copied within a reasonable time. CONSULTANT acknowledges that failure to provide public records to the CITY within a reasonable time may subject the CONSULTANT or CITY to penalties pursuant to § 119.10, Florida Statutes. Consultant further agrees not to release any records that are statutorily confidential or otherwise exempt from disclosure without first receiving prior written authorization from the CITY. CONSULTANT shall further indemnify, defend, and hold the CITY harmless from and against any and all claims, damage awards, and causes of action, including any third party claims or awards for attorneys' fees and costs, arising from the CONSULTANT's failure to comply with the public records disclosure requirements of § 119.07(1), Florida Statutes, or by the CONSULTANT's failure to keep confidential those records that are statutorily exempt or confidential pursuant to Florida law. CONSULTANT authorizes the CITY to seek declaratory, injunctive, or other appropriate relief against the CONSULTANT from a circuit court in Seminole County on an expedited basis to enforce the requirements of this section. Furthermore, this Section shall survive termination and expiration of this Agreement, completion of the Work and Final Payment. Section 17. Successors and Assigns. No assignments by a party hereto of any rights under or interests in this Agreement will be binding on another party hereto without the written consent of the party sought to be bound, and any such assignment shall be void and of no effect; and specifically but without limitation, moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. CITY and CONSULTANT each binds themselves and their respective successors, assigns and legal representatives in respect to all covenants, agreements and obligations contained in the Agreement. Section 18. Notices. Whenever either party desires to give notice unto the other including, but not limited to, claims under this Agreement, it must be given by written notice, hand delivered, signed and dated for receipt or sent by certified United States with the provisions of this Section. For the present, the parties designate the following as the respective places for giving of notice, to wit: FOR CITY OF LONGWOOD: Purchasing Division Attention: Purchasing Manager 155 West Warren Avenue Longwood, Florida 32750 FOR CONSULTANT: Section 19. Conflict of Interest. a. The CONSULTANT agrees that it will not engage in any action that would create a conflict of interest in the performance of its obligations pursuant to this Agreement with the CITY or which would violate or cause others to violate the provisions of Part III, Chapter 112, Florida Statutes, relating to ethics in government. b. The CONSULTANT hereby certifies that no officer, agent or employee of the CITY has any material interest (as defined in Section 112.312 (15), Florida Statutes, as over 5% either directly or indirectly, in the business of the CONSULTANT to be conducted here, and that no such person shall have any such interest at any time during the term of this Agreement. c. Pursuant to Section 216.347, Florida Statutes, the CONSULTANT hereby agrees that monies received from the CITY pursuant to this Agreement will not be used for the purpose of lobbying the Legislature or any other State or Federal Agency. Section 20. Material Breaches of Agreement. a. The parties recognize that breaches of the Agreement may occur and that remedies for those breaches may be pursued under the Agreement. b. The parties further recognize that the safety of the public is of paramount concern. Therefore, the parties agree that any breach of the Agreement related to the life, safety or health of the public will be considered a material breach of the Contract Documents. C. Upon a material breach of the Contract Documents related to life, safety, or health, as determined by the CITY, the CITY shall issue a stop work order suspending the work and services or any specific portion of the work or services of the CONSULTANT until the conditions are corrected. If the life, safety, or health conditions giving rise to the stop work order are not corrected within a reasonable time, as determined by the CITY, then the material breach will entitle CITY to terminate this Agreement. The recognition of breaches of the provisions of the Contract Documents related to life, safety, and health as material breaches will not be construed as a limitation on other remedies for breaches or material breaches of the Agreement. Section 21. Attorney Fees. The parties expressly agree that each party shall be solely responsible for their own attorneys' fees and costs incurred in any negotiation, dispute resolution or litigation related to or arising out of the Work and this Agreement, except as otherwise expressly specified in the Agreement (by way of example: Bonds and Indemnity provisions). Section 22. Venue/Disputes. a. This Agreement is governed by and interpreted in accordance with the laws of the state of Florida. Any and all legal action arising from or concerning this Contract and/or the Contract Documents will, if in state court, have its exclusive venue in a court of proper jurisdiction in Seminole County, Florida, or, if in federal court, the Middle District of Florida, Orlando Division. b. As a condition precedent to the filing of any suit or other legal proceeding, the parties shall endeavor to resolve claims, disputes or other matters in question by mediation. Mediation may be initiated by any party by serving a written request for same on the other party. The Parties shall, by mutual agreement, select a mediator within fifteen (15) days of the date of the request for mediation. If the Parties cannot agree on the selection of a mediator, then the CITY shall select the mediator who, if selected solely by the CITY, will be a mediator certified by the Supreme Court of Florida. No suit or other legal proceeding shall be filed until: (i) the mediator declares an impasse, which declaration, in any event, shall be issued by the mediator not later than sixty (60) days after the initial mediation conference; or (ii) sixty (60) days have elapsed since the written mediation request was made in the event the other party refuses to or has not committed to attend mediation. The Parties shall share the mediator's fee equally. The mediation shall be held in Seminole County, Florida, unless another location is mutually agreed upon by the Parties. Agreements reached in mediation are enforceable as settlement agreements in any court having jurisdiction thereof. Section 23. Truth -in -Negotiation Certificate. Signature of this Contract by the CONSULTANT acts as the execution of a truth -in -negotiation certificate certifying that the wage rates and costs used to determine the compensation provided for in this Contract are accurate, complete and current as of the date of the Contract. Such rates and costs shall be adjusted to exclude any significant sums should the CITY determine that the rates and costs were increased due to inaccurate, incomplete or non -current wage rates or due to inaccurate representations of fees paid to outside Consultants. The CITY shall exercise its rights under this "Certificate" within one year following final payment. Section 24. Force Majeure. Any delay or failure of either party in the performance of its required obligations hereunder will be excused if and to the extent caused by explosion; riot; war; sabotage; strikes (except involving CONSULTANT's labor force or subcontractors or agents); extraordinary breakdown of or damage to CITY's affiliates' generating plants, their equipment, or facilities; court injunction or order; federal and/or state law or regulation; order by any regulatory agency; provided that prompt notice of such delay is given by such party to the other and each of the Parties hereunto shall be diligent in attempting to remove such cause or causes. If any circumstance of Force Majeure remains in effect for seven (7) days, either party may terminate this Agreement. Section 25. Unauthorized Aliens; E-Verify. CITY shall consider the employment by CONSULTANT of unauthorized aliens as a violation of section 274A (e) of the Immigration and Nationalization Act, as amended; and shall consider same to constitute a material breach of this Agreement. Moreover, CONSULTANT by execution of this Agreement commits to use E-Verify to insure that all new hires and all employees (existing and new) who shall perform work under this Agreement are authorized to lawfully work in the United States. CONSULTANT acknowledges that its use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the CONSULTANT provides labor under this Agreement and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. Section 26. False Claims. If CONSULTANT is unable to support any part of its claim, and it is determined that such inability is attributable to misrepresentations of fact or fraud on the part of CONSULTANT, then CONSULTANT shall be liable to CITY for an amount equal to such unsupported part of the claim in addition to all costs to CITY attributable to the cost of reviewing said part of its claim. CITY and CONSULTANT acknowledge that the Florida False Claims Act provides civil penalties of not more than $10,000.00 plus remedies for obtaining treble damages against Consultants or persons causing or assisting in causing Florida governments to pay claims that are false when money or property is obtained from a Florida government by reason of a false claim. CONSULTANT agrees to be bound by and comply with the provisions of the Florida False Claims Act and that the CITY may enforce its provisions against CONSULTANT. Section 27. Headings. Paragraph, section, and subsection headings are for the convenience of the Parties only and are not to be construed as part of this Agreement or utilized for interpretation purposes for this Agreement. Section 28. No Joint Venture. Nothing herein shall be deemed to create a joint venture or principal -agent relationship between the Parties and neither party is authorized to, nor shall either party act toward third persons or the public in any manner which would indicate any such relationship with the other party. Section 29. Non -Waiver. Either party's express or implied waiver or election not to exercise any term, provision, or condition of this Agreement shall not be considered, construed, or interpreted as a waiver of strict compliance with that or any other term, condition, or provision of this Agreement in the future. Section 30. Counterparts. This Agreement may be executed in any number of counterparts, each of which when so executed and delivered shall be construed as an original agreement, but such counterparts shall together constitute one and the same instrument. Section 31. Interpretation. CITY and CONSULTANT each represent that they have both shared and participated in the drafting of this Agreement and that no party shall be favored or disfavored regarding the interpretation of this Agreement in the event of a dispute regarding the meaning, intention, or interpretation of this Agreement or any portion thereof. Section 32. Integration; Modification; Amendment by Writing Only. The drafting, execution, and delivery of this Agreement by the Parties has been induced by no representations, statements, warranties, or agreements other than those expressed herein. This Agreement embodies the entire understanding of the Parties, and there are no further or other agreements or understandings, written or oral, in effect between the Parties relating to the subject matter hereof unless expressly referred to herein. Modifications of or amendment to this Agreement shall only be made in writing signed by both Parties. Section 33. Severability If any terms or provision of this Agreement, or the application thereof to any person or circumstances shall, to any extent, to be held invalid or unenforceable, the remainder of this Agreement, or the application of such terms or provision, to persons or circumstances other than those to which it is held invalid or unenforceable, shall not be affected, and every other term and provision of this Contract shall be deemed valid and enforceable to the extent permitted by law. [REMAINDER OF PAGE INTENTIONALLY BLANK — SIGNATURE PAGE TO FOLLOW] IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement on the date when the last of the parties has signed below. CITY OF LONGWOOD, a Florida municipal corporation David Dowda, Temporary City Manager CONSULTANT (INSERT CONSULTANT) Print: Title: Date: ATTACHMENT A — COMPENSATION PROPOSAL FORM [IT IS ANTICIPATED THAT THE COMPENSATION PROPOSAL WILL VARY FROM VENDOR TO VENDOR — THE CITY RESERVES THE RIGHT TO REJECT ALL PROPOSALS AND RESOLICIT IF THE CITY ULTIMATELY DETERMINES, IN ITS SOLE DISCRETION. THAT THE COMPENSATION PROPOSALS ARE UNSATISFACTORY TO THE CITY OR ARE OTHERWISE NOT IN THE CITY'S BEST INTERESTS] Services/Fees Description Pricing/Commission Physical Damage Collect for repairable Ph sical Damage based upon actual cost o repairs Loss of Use Collect for Loss of Use Loss of Revenue Collect for Loss of Revenue Diminution of Value Collect for Diminution of Value Repair related to Diminution of Value Collect for repair cost related to Diminution of Value Administrative Fees Administrative Fees Total Loss Collect on vehicles processed and accepted as total loss Dormant Claims Collect on dormant claims beyond Client's collection efforts Related Property Damage Collect on non -vehicle property damage — (light poles, stretchers, or specialty equipment, etc.) Photos Photo for minor damages Other Costs/Fees Any other known costs Other Commission Any other auto damage claim collections available ATTACHMENT B — PUBLIC ENTITY CRIME AFFIDAVIT SWORN STATEMENT UNDER SECTION 287.133(3) (a), FLORIDA STATUTES, ON PUBLIC ENTITY CRIMES (To be signed in the presence of a notary public or other officer authorized to administer oaths.) Before me, the undersigned authority, personally appeared who, being by me first duly sworn, made the following statements: The business address of is 2. My relationship to is (Name of Proposer or Consultant) (Name of Proposer or Consultant) (relationship such as sole proprietor, partner, president, vice president, etc.) 3. I understand that a public entity crime as defined in Section 287.133 of the Florida Statutes includes a violation of any state or federal law by a person with respect to and directly related to the transaction of business with any public entity in Florida or with an agency or political subdivision of any other state or with the United States, including, but not limited to, any Proposal or contract for goods or services to be provided to any public entity or such an agency or political subdivision and involving antitrust, fraud, theft, bribery, collusion, racketeering, conspiracy, or material misrepresentation. 4. I understand that "convicted" or "conviction" is defined by the statute to mean a finding of guilt or a conviction of a public entity crime, with or without an adjudication of guilt, in any federal or state trail court of record relating to charges brought by indictment or information after July 1, 1989, as a result of a jury verdict, nonjury trial, or entry of a plea of guilty or nolo contendere. 5. I understand that "affiliate" is defined by the statute to mean (1) a predecessor or successor of a person or a corporation convicted of a public entity crime, or (2) an entity under the control of any natural person who is active in the management of the entity and who has been convicted of a public entity crime, or (3) those officers, directors, executives, partners, shareholders, employees, members, and agents who are active in the management of an affiliate, or (4) a person or corporation who knowingly entered into a joint venture with a person who has been convicted of a public entity crime in Florida during the preceding 36 months. 6. Neither the Proposer or Consultant nor any officer, director, executive, partner, shareholder, employee, member or agent who is active in the management of the Proposer or Consultant nor any affiliate of the Proposer or Consultant has been convicted of a public entity crime subsequent to July 1, 1989. Signature/Date (undersigned authority) Sworn to and subscribed before me in the state of on the day of, 20 Notary Public My commission expires and county of (affix seal) ATTACHMENT C - PUBLIC RECORDS DISCLOSURE FORM PROJECT NAME Vehicle Damage Recovery Services RFP # 03122020 Vendor/CONSULTANT acknowledges and agrees to the following: The Vendor shall allow public access to all documents, papers, letters, or other material subject to the provisions of Chapter 119, Florida Statutes, and made or received by the Vendor in conjunction with this Agreement. Specifically, if the Vendor is acting on behalf of a public agency the Vendor shall: 1. Keep and maintain public records that ordinarily and necessarily would be required by the Department in order to perform the services being performed by the Vendor. 2. Provide the public with access to public records on the same terms and conditions that the Department would provide the records and at a cost that does not exceed the cost provided in chapter 119, Florida Statutes, or as otherwise provided by law. 3. Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law. 4. Meet all requirements for retaining public records and transfer, at no cost, to the Department all public records in possession of the Vendor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the Department in a format that is compatible with the information technology systems of the Department. Failure by the Vendor to grant such public access shall be grounds for immediate unilateral cancellation of this Agreement by the Department. The Vendor shall promptly provide the Department with a copy of any request to inspect or copy public records in possession of the Vendor and shall promptly provide the Department a copy of the Vendor's response to each such request. AUTHORIZED SIGNATURE PRINT COMPANY/FIRM DATE TITLE ATTACHMENT D - E VERIFICATION CERTIFICATION NAME OF CONSULTANT ADDRESS The undersigned does hereby certify that the above named Consultant: 1. Is registered and is using the E-Verify system; or 2. Does not have any employees and does not intend to hire any new employees during the period of time that the Consultant will be providing services under the contract and consequently is unable to register to use the E-Verify system; or Employs individuals that were hired prior to the commencement of providing labor on the contract and does not intend to hire any new employees during the period of time that the Consultant will be providing labor under the contract, and consequently is unable to use the E-Verify system. The undersigned acknowledges the use of the E-Verify system for newly hired employees is an ongoing obligation for so long as the Consultant provides labor under the contract and that the workforce eligibility of all newly hired employees will be properly verified using the E-Verify system. In accordance with Section 837.06, Florida Statutes, Consultant acknowledges that whoever knowingly makes a false statement in writing with the intent to mislead a public servant in the performance of his or her official duties shall be guilty of a misdemeanor in the second degree, punishable as provided in Section 775.082 or Section 775.083, Florida Statutes. AUTHORIZED SIGNATURE PRINT NAME TITLE DATE: ATTACHMENT E - CONFLICT OF INTEREST STATEMENT STATE OF FLORIDA CITY OF Before me, the undersigned authority, personally appeared sworn, deposes, and states: who was duly 1. I am the of with a local office in and principal office in 2. The above named entity is submitting an Expression of Interest for the City of Longwood project described as: RFP # 03122020 3. The Affiant has made diligent inquiry and provides the information contained in this Affidavit based upon his own personal knowledge. 4. The Affiant states that only one submitting a Proposal for the above project and that the above named entity has no financial interest in other entities submitting proposals for the same project. 5. Neither the Affiant nor the above named entity has directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive pricing in connection with the entity's submittal for the above project. This statement restricts the discussion of pricing data until the completion of negotiations and execution of the Agreement for this project. 6. Neither the entity not its affiliates, nor any one associated with them, is presently suspended or otherwise ineligible from participation in contract lettings by any local, State, or federal agency. 7. Neither the entity, not its affiliates, not any one associated with them has any potential conflict of interest due to any other clients, contracts, nor property interests for this project. 8. I certify that no member of the entity's ownership or management, or staff has a vested interest in any aspect of the City of Longwood. 9. 1 certify that no member of the entity's ownership or management is presently applying for an employee position or actively seeking an elected position with City of Longwood. 10. In the event that a conflict of interest is identified in the provision of services, 1, on behalf of the above named entity, will immediately notify City of Longwood. DATED this day of 20 (Affiant) Typed Name of Affiant Title Sworn to and subscribed before me this day of , 20 Personally known OR produced identification Notary Public -State of (Type of identification) My commission expires (Printed typed or stamped commissioned named of notary public) ATTACHMENT F - INSURANCE CONFIRMATION On behalf of our client, And by acknowledging with signature below, we have read and understand the insurance requirements for this Solicitation and Agreement. We can and will provide a Certificate of Insurance (COI) that is compliant with the insurance requirements stated in this Solicitation and Agreement should our client be awarded the project. Signature of Agent Agency Project # & Title Print Name & Title Address Date *Insurance Companies may use their own internal form in lieu of this document ATTACHMENT G - DRUG -FREE WORKPLACE CERTIFICATION FORM IDENTICAL TIE PROPOSALS - In accordance with Florida State Statutes Section 287.087, preference shall be given to businesses with drug -free workplace programs. Whenever two or more Proposals which are equal with respect to price, quality, and service are received by the State or by any political subdivision for the procurement of commodities or contractual services, a Proposal received from a business that certifies that it has implemented a drug -free workplace program shall be given preference in the award process. Established procedures for processing tie Proposals will be followed if none of the tied vendors have a drug -free workplace program. In order to have a drug -free workplace program, a business shall: 1. Publish a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace and specifying the actions that will be taken against employees for violations of such prohibition. 2. Inform employees about the dangers of drug abuse in the workplace, the business's policy of maintaining a drug -free workplace, any available drug counseling, rehabilitation, and employee assistance programs, the penalties that may be imposed upon employees for drug abuse violations. 3. Give each employee engaged in providing the commodities or contractual services that are under Proposal a copy of the statement specified in subsection (1). 4. In the statement specified in subsection (1), notify the employees that, as a condition of working on the commodities or contractual services that are under Proposal, the employee will abide by the terms of the statement and will notify the employer of any conviction of, or plea of guilty or nolo contendere to, any violation of Chapter 893 or of any controlled substance law of the United States or any state, for a violation occurring in the workplace no later than five (5) days after such conviction. 5. Impose a sanction on, or require the satisfactory participation in a drug abuse assistance or rehabilitation program if such is available who is so convicted. 6. Make a good faith effort to continue to maintain a drug -free workplace through implementation of this section. As the person authorized to sign the statement, I certify that this firm complies fully with the above requirements. SIGNATURE ATTACHMENT H - AMERICANS WITH DISABILITIES ACT AFFIDAVIT The undersigned CONSULTANT swears that the information herein contained is true and correct and that none of the information supplied was for the purpose of defrauding CITY. The CONSULTANT will not discriminate against any employee or applicant for employment because of physical or mental handicap in regard to any position for which the employee or applicant for employment is qualified. The CONSULTANT agrees to comply with the rules, regulations and relevant orders issued pursuant to the Americans with Disabilities Act (ADA), 42 USC s. 12101 et seq. It is understood that in no event shall the CITY be held liable for the actions or omissions of the CONSULTANT or any other parry or parties to the Agreement for failure to comply with the ADA. The CONSULTANT agrees to indemnify, defend, and hold harmless the CITY, its agents, officers or employees from any and all claims, demands, debts, liabilities or causes of action of every kind or character, whether in law or equity, resulting from the CONSULTANT's acts or omissions in connection with the ADA. CONSULTANT: Signature: Printed Name: Title: Date: Affix Corporate Seal STATE OF ) ss CITY OF ) The foregoing instrument was of , 20 , personally known to me or has produced Print Name acknowledged by Notary Public in and for the CITY and State Aforementioned My commission expires: before me this day of firm), on behalf of the firm. He/She is identification.