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HomeMy WebLinkAbout24249AGREEMENT INFORMATION AGREEMENT NUMBER 24249 NAME/TYPE OF AGREEMENT ALTERNATIVE CLAIMS MANAGEMENT, LLC DESCRIPTION SUPPLEMENTAL AGREEMENT/VEHICLE DAMAGE RECOVERY SERVICES/FILE ID: 13056/R-23-0010/MATTER ID: 22-2484 EFFECTIVE DATE January 1, 2023 ATTESTED BY TODD B. HANNON ATTESTED DATE 2/2/2023 DATE RECEIVED FROM ISSUING DEPT. 2/3/2023 NOTE DOCUSIGN AGREEMENT BY EMAIL DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF AL v. CITY OF MIAMI DOCUMENT ROUTING FORM Department of Procurement ORIGINATING DEPARTMENT: DEPT. CONTACT PERSON: Aimee Gandarilla EXT. 1906 NAME OF OTHER CONTRACTUAL PARTY/ENTITY: Alternative Claims Management, LLC IS THIS AGREEMENT A RESULT OF A COMPETITIVE PROCUREMENT PROCESS? I TOTAL CONTRACT AMOUNT: $ FUNDING INVOLVED? r TYPE OF AGREEMENT: ❑ MANAGEMENT AGREEMENT ❑ PROFESSIONAL SERVICES AGREEMENT ❑ GRANT AGREEMENT ❑ EXPERT CONSULTANT AGREEMENT ❑ LICENSE AGREEMENT OTHER: (PLEASE SPECIFY) Supplemental Agreement YES NO ES ❑ NO ❑ PUBLIC WORKS AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ INTER -LOCAL AGREEMENT ❑ LEASE AGREEMENT ❑ PURCHASE OR SALE AGREEMENT PURPOSE OF ITEM (BRIEF SUMMARY): Supplemental Agreement to Contract No. 03122020-0-2020/GK Between the City of Longwood, FL And Alternative Claims Management, Inc - Vehicle Damage Recovery Services COMMISSION APPROVAL DATE: 1/12/23 FILE ID: 13056 ENACTMENT NO.:23-0010 IF THIS DOES NOT REQUIRE COMMISSION APPROVAL, PLEASE EXPLAIN: ROUTING INFORMATION Date PLEASE PRINT AND SIGN DIRECTOR OF PROCUREMENT/CHIEF PROCUREMENT OFFICER January 27, 2023 Annie Perez, CPPO I 14:02:4 SIGNATURE: toeSTgned by: -4^^"- fie^-°-, RISK MANAGEMENT January 27, 2023 Ann -Marie Sharpe I 14:11:10 SIGNATURE: i9546F1i;3(=RE46E, FDsgnedby: -rurrii C Je CITY ATTORNEY matter 22-2484 January 30, 2023 Victoria Mendez P 07:38:57,_ SIGNATURE: �SS349N49SFlS4H1l "l,,gnedby�: ,p 7�"� ov l ASSISTANT CITY MANAGER, CHIEF FINANCIAL OFFICER February 1, 2023 Larry Spring, I 14: 26: Qs SIGNATURE: �F1FF9OnFb FFg45/. CPA -uE Tedby: (,4Yfl1 Spn4 ASSISTANT CITY MANAGER, CHIEF OF OPERATIONS Natasha Colebrook -Williams SIGNATURE: DEPUTY CITY MANAGER Nzeribe Ihekwaba, Ph.D., PE SIGNATURE: CITY MANAGER February 2, 2023 Arthur Noriega I 09:53:38 SIGNATURE: V 'Lsignedby: a n u/A, CITY CLERK February 2, 2023 Todd Hannon 1 19:00:09 SIGNATURE: EST •—D"`"S'g"edby 65n. ,a,e44d... PLEASE ATTACH THIS ROUTING FORM TO ALL DOCUMENTS THAT REQUIRE EXECUTION BY THE CITY MANAGER DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF IAFI I{�1AAT 11 I fp � City of Miami Office of the City Attorney Legal Services Request To: Office of the City Attorney From: Justin Griffin Contact Person Sr. Procurement Contracting Officer Title 1/26/2023 Date: Procurement Requesting Client (305) 416-1949 Telephone Legal Service Requested: matter 22-2484: Supplemental Agreement to Contract No. 03122020-0-2020/GK Between the City of Longwood, FL And Alternative Claims Management, Inc - Vehicle Damage Recovery Services Complete form and forward to the Office of the City Attorney or e-mail to Legal Services. Do not assume that the Office of the City Attorney knows the background of the question and/or issue, such as opinions on the same or similar issues, the existence of relevant memos, correspondence, etc. Please attach to this form and/or e-mail all pertinent information relating to the subject. Once your request has been assigned, an e-mail will be sent to you with the Assigned Attorney's name and the issued matter identification number. All attorneys in the Office of the City Attorney shall fully comply with the Rules Regulating the Florida Bar. For Legal Services requesting an opinion from the Office of the City Attorney: nlssue opinion in writing. Publish opinion after issuance. Authorized by: Annie Perez Date response requested by: BELOW PORTION TO BE COMPLETED BY THE OFFICE OF THE CITY ATTORNEY Assigned Attorney: Date: File No. Approved by: Ultimate Client: Comments: D / R Date: Copy returned to Requesting Client Type: Matrix: Category: Copy to Ultimate Client rev. 04/14/2017 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF PROFESSIONAL SERVICES AGREEMENT OVERVIEW PSA TITLE: City Of Miami's Supplemental Agreement to Contract No. 03122020-0-2020/GK Between The City of Longwood, FL And Alternative Claims Management, Inc. 1. AWARD DELEGATED AUTHORITY: ❑ Chief Procurement Officer — Authority level of $ N/A ❑ City Manager — Authority level of $ N/A x City Commission — RESOLUTION No. 23-0010 2. PROCUREMENT METHOD: ❑ RFP/RFQ ❑ IFB ❑ SOLE SOURCE 0 PIGGY -BACK ❑ PROFESSIONAL SERVICES UNDER $25,000 ❑ OTHER (Please explain): 3. WHAT IS THE SCOPE OF SERVICES? Vehicle Damage Recovery Services 4. IF CITYWIDE, WHAT ARE THE MOST FREQUENT USER DEPARTMENTS? Risk Management Department 5. IS THE AWARDEE THE INCUMBENT? This is a piggyback onto the City of Longwood, FL contract. 6. IS THE PRICING HIGHER, LOWER OR THE SAME AS THE CURRENT CONTRACT? This is a piggyback onto the City of Longwood, FL contract. 7. WHEN DOES THE CURRENT CONTRACT EXPIRE? May 3, 2023, with two (2) additional one (1) year option to renew periods, extending the Agreement to May 3, 2025. 8. WHAT WAS THE PREVIOUS SPEND ON THE CURRENT CONTRACT? N/A 9. WHAT IS THE METHOD OF AWARD (Group, Item by Item etc.)? Piggyback. City of Miami Resolution No. 23-0010 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM TO: Arthur Noriega V City Manager 895.10 a CAC<6a FRAM Annie Perez, CPPO Director/Chief Procurement Officer Procurement Department DATE ; November 29, 2022 FILE : SUBJECT Recommendation for Approval Accessing City of Longwood, FL Contract No. RFP 03122020-0- 2020/GK for Vehicle Damage Recovery Services REFERENCES: ENCLOSURES: RECOMMENDATION: Based on the findings below the Department of Procurement ("Procurement") hereby recommends the accessing of the City of Longwood, FL ("Longwood") Contract No. 03122020-0-2020/GK for Vehicle Damage Recovery Services, for the City of Miami's Department of Risk Management ("Risk"). The awarded vendor, and contract terms and amount are listed below. Contract Number / Title: RFP-03122020-0-2020/GK Contract Amount: N/A Contract Term: Three (3) years with the option to renew for two (2) additional one (1) year terms. Recommended Vendor: Alternative Claims Management, LLC BACKGROUND: Risk is in need of a solution to fully recover proceeds available from claims under existing insurance policies. Procurement, on behalf of Risk, recommends the accessing of Longwood Contract No. 03122020-0-2020/GK for Vehicle Damage Recovery Services, which was competitively solicited under full and open competition and met all of the City's criteria for accessing the contract. Accordingly, approval of this recommendation is requested. Your signature below will indicate approval of this recommendation. APPROVED BY: AP:jg arg ur Newitla Arthur Noriega V City Manager DATE: November 30, 2022 1 13:55:47 EST cc: Larry Spring, CPA, Chief Financial Officer Ann -Marie Sharpe, Director of RISK Yadissa A. Calderon, CPPB, NIGP-CPP, Assistant Director of Procurement PR22268 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF Titer iiiianti ANNIE PEREZ, CPPO Arthur Noriega V Procurement Director 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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. DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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: I. Commercial General Liability A. Limits of Liability Bodily Injury and Property Damage Liability Each Occurrence General Aggregate Limit Personal and Adv. Injury Products/Completed Operations B. Endorsements Required $1,000,000.00 $2,000,000.00 $1,000,000.00 $1,000,000.00 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 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF IV. Professional Liability/Errors and Omissions Coverage Combined Single Limit Each Claim General Aggregate Limit Retro Date Included $1,000,000.00 $1,000,000.00 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 "A-" as to management, and no less than "Class V" 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 hereby deleted in its entirety and replaced with the following language; 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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. DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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, DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF without the prior written consent of the City Manager, which may be withheld or conditioned, in the City Manager's sole discretion. 14. 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, 10th 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, 9th Floor Miami, FL 33130-1910 ASharpe@miamigov.com Annie Perez, CPPO City of Miami Procurement Director 444 S.W. 2nd Avenue, 6th Floor Miami, FL 33130-1910 APerez@miamigov.com 15. 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. DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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. DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 Agreement titled "Most Favored Nations," is hereby 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. DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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) DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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: By: DocuSigned by: 645[JlbhUDU-1469 Todd B. Hannon "ACM" ALTERNATIVE CLAIMS MANAGEMENT, LLC a Texas limited liability company authorized to conduct business in Florida By: ktue_ DLL Name: Steve Battista Title: VP of Sales "City" CITY OF MIAMI, a Florida municipal corporation By: CoocuSigned by: �bvtt aka "grfhiu"r"'Noriega V City Clerk City Manager APPROVED AS TO LEGAL FORM AND APPROVED AS TO INSURANCE CORRECTNESS: ,—DocuSigned by: By: REQUIREMENTS: B —oocuSigned by: fishattAA441,6 —F FF90AFfi FF(IQS/ �/ICtorla Mendez (Matter 22-2484) Anne Marie Sharpe, Director City Attorney Risk Management DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF WHEREAS, COMPANY RESOLUTION Alternative Claims Management, LLC Texas Limited Liability Company (Company Name), a (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 (1st 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 ("Alternative Claims Management, LLC") An Texas Limited Liability Company (State and type of incorporation) By: (Signature of 1st Name above) Name & Title: Michael E Lewandowski, CAO / President (print) By: `'"""� (Signature of 2nd Name above) Name & Title: Steve Battista, VP of Sales (print) DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT RFP #03122020 THIS VEHICLE DAMAGE RECOVERY SERVICES AGREEMENT (this "Agreement" or "Contract") is dated as of the 4th 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 qi, DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 Q, DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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: 1,000 000 Med Exp one person) al & ADV Injury Genera Page 4 of 18 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 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 f. 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 maybe 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 GSl-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 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. 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 Page 10 of 18 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 Page 11 of 18 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 fortheir 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF 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 Clint Gioielli, Acting City Manager CONSULTANT ALTERNATIVE CLAIMS MANAGEMENT, LLC Signature of Authorized Representative Print Name: A a", di S . Hvirwe=r Official Title: c x o Date: S--6- a-o Page 18 of 18 DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF ATTACHMENT A- COMPENSATION PROPOSAL FORM 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 Diminution of Value 50% of what is recovered Administrative Fees Administrative Fees 50% of what is recovered Total Loss Collect on vehicles processed and accepted as "total loss" 50% of the difference between wholesale and retail * 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.) I 0°%o 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 All reports are passed thru at cost. No administrative mark - ups 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) DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF AGENDA ITEM SUMMARY FORM File ID: #13056 Date: 11/29/2022 Commission Meeting Date: 01/12/2023 Requesting Department: Department of Risk Management Sponsored By: District Impacted: All Type: Resolution Subject: Piggyback - Access Longwood Contract for VDRS Provision Purpose of Item: The nature of this item is to establish a resolution of the Miami City Commission, with attachment(s), authorizing the accessing of the City of Longwood, Florida ("Longwood") Contract No. RFP-03122020-0-2020/GK ("Contract") for the provision of Vehicle Damage Recovery Services, for the City of Miami's Department of Risk Management ("Risk"), pursuant to Section 18-111 of the Code of the City of Miami, Florida, as amended, with Alternative Claims Management, LLC ("ACM"), which was competitively solicited for a term of three (3) years from May 4, 2020, to May 3, 2023, with two (2) additional one (1) year option to renew periods, extending the Contract to May 3, 2025; subject to any extensions and/or replacement contracts by Longwood; allocating funds from various sources of funds of the end user department and agencies, subject to the availability of funds and budgetary approval, at the time of need; authorizing the City Manager to execute the Supplemental Agreement, in a form acceptable to the City Attorney; further authorizing the City Manager to negotiate and execute all other documents, including any amendments, renewals, and extensions, subject to allocations, appropriations and budgetary approval having been previously made, and in compliance with applicable provisions of the Code of The City of Miami, Florida, as amended, ("City Code"), including, the City of Miami's Procurement Ordinance, Anti - Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in a form acceptable to the City Attorney, and in compliance with applicable regulations, as may be necessary for said purpose. Background of Item: The City of Miami's Risk Management Department ("Risk") is in need of vehicle damage recovery services to fully recover monies available in its insurance claims. Accessing the Contract will allow for the provision of vehicle damage recovery services by Alternative Claims Management ("ACM"). ACM performs full -service physical damage claims administration from the date of the incident to a full settlement recovery. 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 fifty percent (50%) recovery fee for loss of use, loss of revenue, diminution of value, total loss, sanitation fees, drug removal, and transfer of specialty equipment. ACM estimates a potential recovery of several hundred thousand dollars in DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF claims for downtime and diminution of value. However, the amount ultimately recovered will be less due to negotiations with insurance adjusters and policy limitations. Budget Impact Analysis Item is NOT Related to Revenue Item is NOT funded by Bonds Total Fiscal Impact: Department of Risk Management Office of Management and Budget Office of Management and Budget Department of Risk Management Department of Procurement City Manager's Office Legislative Division City Manager's Office City Manager's Office Office of the City Attorney Office of the City Attorney City Commission Office of the City Clerk Ann -Marie Sharpe Fred Pericles Marie Gouin Ann -Marie Sharpe Yadissa Calderon Larry M. Spring Valentin J Alvarez Carolina Aguila Nzeribe Ihekwaba Pablo Velez Victoria Mendez Nicole Ewan City Clerk's Office Reviewed B Department Head Review Budget Analyst Review Budget Review Risk Review Procurement Review Assistant City Manager Review Legislative Division Review City Manager Review DCM Review for CM ACA Review Approved Form and Correctness Meeting Rendered Completed 11/29/2022 5:24 PM Completed 12/02/2022 10:00 AM Completed 12/07/2022 1:58 PM Completed 12/27/2022 10:50 AM Completed 12/27/2022 10:57 AM Completed 12/27/2022 2:59 PM Completed 12/27/2022 3:51 PM Skipped 12/28/2022 11:22 AM Completed 12/28/2022 11:56 AM Completed 12/28/2022 2:08 PM Completed 12/29/2022 11:30 AM Completed 01/12/2023 9:00 AM Completed 01/18/2023 1:58 PM DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF City of Miami Legislation Resolution Enactment Number: R-23-0010 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 13056 Final Action Date:1/12/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), AUTHORIZING THE ACCESSING OF THE CITY OF LONGWOOD, FLORIDA ("LONGWOOD") CONTRACT NO. RFP-03122020-0-2020/GK ("CONTRACT") FOR THE PROVISION OF VEHICLE DAMAGE RECOVERY SERVICES, FOR THE CITY OF MIAMI ("CITY") DEPARTMENT OF RISK MANAGEMENT ("RISK"), PURSUANT TO SECTION 18-111 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CITY CODE"), WITH ALTERNATIVE CLAIMS MANAGEMENT, LLC, A FOREIGN LIMITED LIABILITY COMPANY AUTHORIZED TO CONDUCT BUSINESS IN FLORIDA ("ACM"), WHICH WAS COMPETITIVELY SOLICITED FOR A TERM OF THREE (3) YEARS FROM MAY 4, 2020 TO MAY 3, 2023, WITH TWO (2) ADDITIONAL ONE (1) YEAR OPTION TO RENEW PERIODS, EXTENDING THE TOTAL POSSIBLE TERM TO MAY 3, 2025; ALLOCATING FUNDS FROM THE VARIOUS SOURCES OF FUNDS AND AGENCIES, ON AN AS -NEEDED CONTRACTUAL BASIS, SUBJECT TO THE AVAILABILITY OF FUNDS AND BUDGETARY APPROVAL AT THE TIME OF NEED; AUTHORIZING THE CITY MANAGER TO EXECUTE THE CITY'S SUPPLEMENTAL AGREEMENT, IN A FORM ACCEPTABLE TO THE CITY ATTORNEY, FOR SAID PURPOSE; FURTHER AUTHORIZING THE CITY MANAGER TO NEGOTIATE AND EXECUTE ANY AND ALL OTHER DOCUMENTS, INCLUDING ANY AMENDMENTS, RENEWALS, EXTENSIONS, AND REPLACEMENTS, SUBJECT TO ALL ALLOCATIONS, APPROPRIATIONS, PRIOR BUDGETARY APPROVALS, COMPLIANCE WITH ALL APPLICABLE PROVISIONS OF THE CITY CODE, INCLUDING THE CITY'S PROCUREMENT ORDINANCE, ANTI -DEFICIENCY ACT, AND FINANCIAL INTEGRITY PRINCIPLES, ALL AS SET FORTH IN CHAPTER 18 OF THE CITY CODE, IN FORMS ACCEPTABLE TO THE CITY ATTORNEY, AND IN COMPLIANCE WITH ALL APPLICABLE LAWS, RULES, AND REGULATIONS, AS MAY BE DEEMED NECESSARY FOR SAID PURPOSE. WHEREAS, the City of Miami ("City") Risk Management Department ("Risk") is in need of Vehicle Damage Recovery Services to fully recover monies available in its insurance claims; and WHEREAS, accessing the City of Longwood, Florida ("Longwood") Contract No. RFP- 03122020-0-2020/GK ("Contract"), will allow for the provision of said vehicle damage recovery services by Alternative Claims Management, LLC, a foreign limited liability company authorized to conduct business in Florida ("ACM"); and WHEREAS, pursuant to Section 18-111 of the Code of the City of Miami, Florida, as amended ("City Code"), the City's Chief Procurement Officer has also determined that the awarded Contract between Longwood and ACM, was entered into pursuant to a competitive process in compliance with the City's laws, policies, and procedures; DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA" Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The accessing of the Longwood Contract for the provision of Vehicle Damage Recovery Services, for Risk, pursuant to Section 18-111 of the City Code, with ACM, which was competitively solicited for a term of three (3) years from May 4, 2020 to May 3, 2023, with two (2) additional one (1) year option to renew periods, extending the total possible term to May 3, 2025, is hereby authorized. Section 3. Funding shall be allocated from the various sources of funds and agencies, on an as -needed contractual basis, subject to the availability of funds and budgetary approval at the time of need. Section 4. The City Manager is authorized' to execute the City's Supplemental Agreement, in a form acceptable to the City Attorney, for said purpose. Section 5. The City Manager is further authorized1 to negotiate and execute any and all other documents, including any amendments, renewals, extensions, and replacements, subject to all allocations, appropriations, prior budgetary approvals, compliance with all applicable provisions of the City Code, including the City's Procurement Ordinance, Anti -Deficiency Act, and Financial Integrity Principles, all as set forth in Chapter 18 of the City Code, in forms acceptable to the City Attorney, and in compliance with all applicable laws, rules, and regulations, as may be deemed necessary for said purpose. Section 6. This Resolution shall become effective immediately upon its adoption. APPROVED AS TO FORM AND CORRECTNESS: "ndez, ity Attar 12/29/2022 Pursuant to the resolution, this item became effective immediately upon adoption by the Commission. 1 The herein authorization is further subject to compliance with all legal requirements that may be imposed, including but not limited, to those prescribed by applicable City Charter and City Code provisions. Doc IJILJ.II CI IVCIVIJC ILJ. 4MVLJl,ODO-/ CJM-41- Dr -Or / C-DJOLJDFL LJOLJI- AliMiZiL, CERTIFICATE OF LIABILITY INSURANCE q—y,-. DATE (MM/DD/YYYY) 01 /25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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 FARMERS GENERAL INS AGCY INC/PHS 47180001 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866) 467-8730 (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 INSURERA: Hartford Fire Insurance Company 19682 INSURERB: INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES 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.NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O F- R OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLI SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUC Y PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYY(MM/DD/YYYY) ...POLICY EXP LIMITS A COMMERCIAL GENERAL X LIABILITY OCCUR X X 47 SBA UY0431 2022 06/01/2023 EACH OCCURRENCE $2,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $300 000 X General Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO - PER: X LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 AUTOMOBILE — — LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS �\ 9 ` O COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) _ UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE A� EACH OCCURRENCE AGGREGATE `/�J�( DED RETENTION $ �( ` WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT A EMPLOYMENT PRACTICES LIABILITY 47 SBA UY0431 06/01/2022 06/01/2023 Each Claim Limit Aggregate Limit $5,000 $5,000 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. CERTIFICATE HOLDER CANCELLATION City of Miami A Florida Municipal Corporation 444 SW 2ND AVE FL 9 MIAMI FL 33130-1910 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 REPRESENTATIVEo , ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF :NCY CUSTOMER ID: LOC#: -Aker— ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY FARMERS GENERAL INS AGCY INC/PHS NAMED INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per Waiver of Subrogation Form SS1215, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage ForrrrSS0008, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008ttached to this policy. c12 <<c' o� PQ ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Doc IJ1yi1 CIIVCIVIJC ILJ.4MVLJLLJDO-/COM-41-Dr-Or/C-DJOLJDFLJVLJOLJI- .Clow, CERTIFICATE OF LIABILITY INSURANCE DATE(MM/DD/YYYY) 01/25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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 FARMERS GENERAL INS AGCY INC/PHS 47180001 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866)467-8730 (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 INSURER A: Hartford Fire Insurance Company 19682 INSURER B: Great American E&E Insurance 37532 INSURER C : Westchester Fire Insurance Company 10030 INSURER D : Continental Casualty Co. 20443 INSURER E : INSURER F : COVERAGES 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 HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF (MM/DD/YYYY)rIM/DD/YYYY) POLICY EXP LIMITS A COMMERCIAL GENERAL X LIABILITY OCCUR X X 47 SBA UY0431 ///'''���^ ( It." 022 O iffEACH 06/01/2023 OCCURRENCE $2,000,000 CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) $300'000 x General Liability MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO-X PER: LOC GENERAL AGGREGATE $4,000,000 PRODUCTS - COMP/OP AGG $4,000,000 AUTOMOBILE - _ LIABILITY ANY AUTO ALLOWNED AUTOS HIRED AUTOS SCHEDULED AUTOS NON -OWNED AUTOS 14.44\4:f/ 411141k<1?14.7 COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) - UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE ^� Q EACH OCCURRENCE AGGREGATE DED RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/ A PER OTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE -EA EMPLOYEE E.L. DISEASE - POLICY LIMIT B Professional Liability MPL1751878 08/22/2022 08/22/2023 Each Claim Aggregate $2,000,000 $2,000,000 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. Insurer C: Employment Practices Liability - Policy #G71555471004, effective 08/22/22 - 08/22/23. Each Claim $1,000,000 / Aggregate $1,000,000. Insurer D: Directors & Officers Liability - Policy #652444337, effective 06/28/22 - 06/28/23. Each Occurrence $5,000,000 / Aggregate $5,000,000. CERTIFICATE HOLDER CANCELLATION City of Miami A Florida Municipal Corporation 444 SW 2ND AVE FL 9 MIAMI FL 33130-1910 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF :NCY CUSTOMER ID: LOC#: Aker-[:PIJ) ADDITIONAL REMARKS SCHEDULE Page 2 of 2 AGENCY FARMERS GENERAL INS AGCY INC/PHS NAMED INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 POLICY NUMBER SEE ACORD 25 CARRIER SEE ACORD 25 NAIC CODE EFFECTIVE DATE: SEE ACORD 25 ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM FORM NUMBER: ACORD 25 FORM TITLE: CERTIFICATE OF LIABILITY INSURANCE Coverage is primary and noncontributory per the Business Liability Coverage Form SS0008, attached to this policy. Waiver of Subrogation applies in favor of the Certificate Holder per the Business Liability Coverage Form SS0008, attached to this policy. Certificate holder is an additional insured per the Business Liability Coverage Form SS0008, 4015hed to this policy. ACORD 101 (2014/01) © 2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD Doc IJILJ.I I CI IVCIVIJC ILJ. 4MVLJl,ODO-/ CJM-41- Dr -Or / C-DJOLJDFLJVLJOLJl- AliMiZiL, CERTIFICATE OF LIABILITY INSURANCE q—y,-: DATE (MM/DD/YYYY) 01 /25/2023 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If 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 INSURICA EXPRESS LLC/PHS 38383397 The Hartford Business Service Center 3600 Wiseman Blvd San Antonio, TX 78251 CONTACT NAME: PHONE (866) 467-8730 (A/C, No, Ext): FAX (A/C, No): E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC# INSURED ALTERNATIVE CLAIMS MANAGEMENT, LLC 16404 SAN PEDRO AVE SAN ANTONIO TX 78232-2213 INSURERA: Hartford Fire and Its P&CAffiliates 00914 INSURERB: INSURER C : INSURER D : INSURER E : INSURER F : COVERAGES 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.NOTVNTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR O F-ER9OCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLI SCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUC Y PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUER WVD POLICY NUMBER POLICY EFF (MM/DD/YYYYY(MM/DD/YYYY) ...POLICY EXP LIMITS COMMERCIAL GENERAL LIABILITY OCCUR 011414‘(</ EACH OCCURRENCE CLAIMS -MADE DAMAGE TO RENTED PREMISES (Ea occurrence) MED EXP (Any one person) PERSONAL & ADV INJURY GEN'L AGGREGATE POLICY OTHER: LIMIT APPLIES PRO- PER: LOC GENERAL AGGREGATE PRODUCTS - COMP/OPAGG AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS NON -OWNED AUTOS �\ 9 O ` COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE (Per accident) U UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS- MADE A� EACH OCCURRENCE AGGREGATE `/�J�( DED RETENTION $ �( ` A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY Y/N PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 38 WEC GB3808 09/08/2022 09/08/2023 X PER OTH- STATUTE ER E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE -EA EMPLOYEE $1,000,000 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 WC420304B, attached to this policy. RE:State job is performed in: FL CERTIFICATE HOLDER CANCELLATION CITY OF MIAMI a Florida municipal corporation 444 SW 2ND AVE FL 9 MIAMI FL 33130-1910 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 ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD DocuSign Envelope ID: 4A9DCOB8-7E5A-4FBF-8F7E-B38CBFC906DF From: Gomez Jr., Francisco (Frank) To: Steve Battista; Melissa Wilder; Gandarilla, Aimee; Quevedo, Terry Subject: RE: City of Miami - Insurance Date: Thursday, January 26, 2023 8:24:14 AM Attachments: imaoe001.onq image002.pnq imaoe004.pnq Good morning Steve, That's fine. The COI was approved yesterday as per my email to Mike earlier Thanks, Frank Gomez, PIAM, CPI I Property & Casualty Manager City of Miami Risk Management (305) 416-1740 Office (305) 416-1760 Fax fgomez@miamigov.com "Serving, Enhancing,`ana Transforming our Community" rning. From: Steve Battista <sbattista@altclaim.com> Sent: Wednesday, January 25, 2023 11:02 PM To: Gomez Jr., Francisco (Frank) <FGomez@miamigov.com>; Melissa Wilder <MWilder@altclaim.com>; Gandarilla, Aimee <AGandarilla@miamigov.com>; Quevedo, Terry <TQuevedo@miamigov.com> Subject: RE: City of Miami - Insurance CAUTION: This is an email from an external source. Do not click links or open attachments unless Olivera, Rosemary From: Gandarilla, Aimee Sent: Friday, February 3, 2023 11:19 AM To: Hannon, Todd Cc: Olivera, Rosemary; Lee, Denise; Cabrera, Paola; Velez, Pablo Subject: Matter 22-2484 - Supplemental Agreement Vehicle Damage Recovery Attachments: Supplemental Agreement Vehicle Damage Recovery Matter 22-2484.pdf Good morning Todd, Please find attached the fully executed copy of an agreement from DocuSign that is to be considered an original agreement for your records. Thank you, airnee garcdwriaa Procurement Assistant City of Miami Department of Procurement 444 SW 2' Avenue, 6th floor, Miami, FL 33130 P(305) 416-1906 F(305) 400-5338 Eagandarilla@miamigov.com https://miamigov.com/Government/Departments-Organizations/Procurement , cap. 1 ti -},png, Enhancing, and Transforming our Community" 1