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PSA with Digistream South Florida, Inc. d-ot6 -a93g9 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF MIAMI BEACH AND DIGISTREAM SOUTH FLORIDA, INC. FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYEMENT RELATED MATTERS, PURSUANT TO RFQ 2016-057-WG This rofessional Services Agreement ("Agreement") is entered into this 2-2- day of , 2016, between the CITY OF MIAMI BEACH, FLORIDA, a municipal corporation organized and existing under the laws of the State of Florida, having its principal offices at 1700 Convention Center Drive, Miami Beach, Florida, 33139 ("City"), and DIGISTREAM SOUTH FLORIDA, INC., a Florida corporation, whose main address is 417 Mace Blvd, #J-129, Davis, CA. 95618, and whose local address is 1806 N. Flamingo Road, Suite # 313, Pembroke Pines, Florida. 33028 (Consultant). SECTION 1 DEFINITIONS Agreement: This Agreement between the City and Consultant, including any exhibits and amendments thereto. City Manager: The chief administrative officer of the City. Consultant: For the purposes of this Agreement, Consultant shall be deemed to be an independent contractor, and not an agent or employee of the City. Services: All services, work and actions by the Consultant performed or undertaken pursuant to the Agreement. Fee: Amount paid to the Consultant as compensation for Services. Proposal Documents: Proposal Documents shall mean City of Miami Beach Request for Qualifications (RFQ) No. 2016-057-WG for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters, together with all amendments thereto, issued by the City in contemplation of this Agreement (collectively, the RFQ), and the Consultant's proposal in response thereto (Proposal), all of which are hereby incorporated and made a part hereof; provided, however, that in the event of an express conflict between the Proposal Documents and this Agreement, the following order of precedent shall prevail: this Agreement; the RFQ; and the Proposal. Risk Manager: The Risk Manager of the City, with offices at 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139: telephone number (305) 673-7000, Ext. 6435: and fax number (305) 673-7023. 1 SECTION 2 SCOPE OF SERVICES (SERVICES) 2.1 In consideration of the Fee to be paid to Consultant by the City, Consultant shall provide the work and services described in Exhibit "A" hereto (the Services). SECTION 3 TERM The term of this Agreement (Term) shall commence upon execution of this Agreement by all parties hereto, and shall have an initial term of three (3) years, with Two (2) One (1) - year renewal options, to be exercised at the City Manager's sole option and discretion, by providing Consultant with written notice of same no less than thirty (30) days prior to the expiration of the initial term. SECTION 4 FEE 4.1 In consideration of the Services to be provided, as requested by the Human Resources Department, Consultant shall be compensated as reflected on Exhibit "B" to this Agreement. 4.2 TIME OF COMPLETION The services to be performed by the Consultant shall be on an "as needed" basis, and shall commence upon receipt of a particular written claim assignment (the Assignment) from the City. The Assignment shall without limitations, specify the services, the claim or portion thereof required, as well as estimated time for completion of the same. Notwithstanding this section, work and deliverables shall be in conformity to scope and deliverables, as set forth on Exhibit " A". 4.4 INVOICING Consultant shall invoice the Human Resource Administration for Employment related matters, Human Resource Risk Management for Tort Liability claims, and CorVel, the City's Third Party Administrator (TPA) for Workers' Compensation claims, unless otherwise advised, upon satisfactory receipt of product and/or performance of services. At a minimum, invoices shall include: a) Date(s) of the Task and/or Activity's assignment, including copy of the Assignment b) City's contract number, invoice number, and itemized service description c) Date(s) of the Task and/or Activity's performance, including copy of the Assignment d) Brief description of the work, task, or activity performed and outcome for surveillance e) Actual time spent, in increments no greater than a 10`h of an hour f) Billing rate per hour and complete names and titles of individuals performing each activity for each line item g) Summary at the end of the billing indicating the number of hours for each specific task at the specific applicable billing rate Consultant shall obtain prior written authorization from the City if the cost of performing the assigned task(s) is expected to go over $1,500.00 per claimant. Only approved rates shall be invoiced to the City. 2 The City will notify the Consultant of any adjustments required to the invoice within five (5) days of invoice receipt. Upon receipt of an acceptable and approved invoice inclusive of required support, payment(s) shall be made within forty five ( 45) days for that portion (or those portions) of the Services satisfactorily rendered (and referenced in the particular invoice). Invoices shall include a detailed description of the Services (or portions thereof) provided, and shall be submitted to the City at the following address: Human Resources Department Risk Management Division 1700 Convention Center Drive, 3rd Floor Miami Beach, FL. 33139 Attn: Sonia Bridges, Division Director SECTION 5 TERMINATION 5.1 TERMINATION FOR CAUSE If the Consultant shall fail to fulfill in a timely manner, or otherwise violates, any of the covenants, agreements, or stipulations material to this Agreement, the City, through its City Manager, shall thereupon have the right to terminate this Agreement for cause. Prior to exercising its option to terminate for cause, the City shall notify the Consultant of its violation of the particular term(s) of this Agreement, and shall grant Consultant ten (10) days to cure such default. If such default remains uncured after ten (10) days, the City may terminate this Agreement without further notice to Consultant. Notwithstanding the foregoing, if the default is of a nature that cannot be cured, such as fraud or a material misrepresentation in connection with Consultant's performance under this Agreement, the termination shall be effective upon receipt of the termination notice and no cure period shall apply. Upon termination, the City shall be fully discharged from any and all liabilities, duties, and terms arising out of, or by virtue of, this Agreement. Notwithstanding the above, the Consultant shall not be relieved of liability to the City for damages sustained by the City by any breach of the Agreement by the Consultant. The City, at its sole option and discretion, shall be entitled to bring any and all legal/equitable actions that it deems to be in its best interest in order to enforce the City's right and remedies against Consultant. The City shall be entitled to recover all costs of such actions, including reasonable attorneys' fees. 5.2 TERMINATION FOR CONVENIENCE OF THE CITY THE CITY MAY ALSO, THROUGH ITS CITY MANAGER, AND FOR ITS CONVENIENCE AND WITHOUT CAUSE, TERMINATE THE AGREEMENT AT ANY TIME DURING THE TERM BY GIVING WRITTEN NOTICE TO CONSULTANT OF SUCH TERMINATION; WHICH SHALL BECOME EFFECTIVE WITHIN THIRTY (30) DAYS FOLLOWING RECEIPT BY THE CONSULTANT OF SUCH NOTICE. IF THE AGREEMENT IS TERMINATED FOR CONVENIENCE BY THE CITY, CONSULTANT SHALL BE PAID FOR ANY SERVICES SATISFACTORILY PERFORMED UP TO THE DATE OF TERMINATION; FOLLOWING WHICH THE CITY SHALL BE DISCHARGED FROM ANY AND ALL LIABILITIES, DUTIES, AND TERMS ARISING OUT OF, OR BY VIRTUE OF, THIS AGREEMENT. 3 5.3 TERMINATION FOR INSOLVENCY The City also reserves the right to terminate the Agreement in the event the Consultant is placed either in voluntary or involuntary bankruptcy or makes an assignment for the benefit of creditors. In such event, the right and obligations for the parties shall be the same as provided for in Section 5.2. SECTION 6 INDEMNIFICATION AND INSURANCE REQUIREMENTS 6.1 INDEMNIFICATION Consultant agrees to indemnify and hold harmless the City of Miami Beach and its officers, employees, agents, and contractors, from and against any and all actions (whether at law or in equity), claims, liabilities, losses, and expenses, including, but not limited to, attorneys' fees and costs, for personal, economic or bodily injury, wrongful death, loss of or damage to property, which may arise or be alleged to have arisen from the negligent acts, errors, omissions or other wrongful conduct of the Consultant, its officers, employees, agents, contractors, or any other person or entity acting under Consultant's control or supervision, in connection with, related to, or as a result of the Consultant's performance of the Services pursuant to this Agreement. To that extent, the Consultant shall pay all such claims and losses and shall pay all such costs and judgments which may issue from any lawsuit arising from such claims and losses, and shall pay all costs and attorneys' fees expended by the City in the defense of such claims and losses, including appeals. The parties agree that one percent (1%) of the total compensation to Consultant for performance of the Services under this Agreement is the specific consideration from the City to the Consultant for the Consultant's indemnity agreement. The provisions of this Section 6.1 and of this indemnification shall survive termination or expiration of this Agreement. 6.2 INSURANCE REQUIREMENTS A. Worker's Compensation and Employer's Liability per the statutory limits of the state of Florida. B. Commercial General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements" of specifications). C. Automobile Liability for all owned, non-owned and hired vehicles used in connection with this agreement, in an amount not less than $1,000,000 combined single limit per occurrence, for bodily injury and property damage. D. Professional Liability Insurance in an amount not less than $1,000,000.00 per occurrence. The insurance coverage required above must include a waiver of subrogation in favor of the City and thirty (30) days prior written notice of any cancellation. 4 The insurance coverage required shall include those classifications, as listed in standard liability insurance manuals, which most nearly reflect the operations of the provider. All insurance policies required above shall be issued by companies authorized to do business under the laws of the State of Florida, with the following qualifications: The company must be rated no less than "B+" as to management, and no less than "Class VI" 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, subject to the approval of the City Risk Management Division. SECTION 7 LITIGATION JURISDICTION/VENUE/JURY TRIAL WAIVER This Agreement shall be construed in accordance with the laws of the State of Florida. This Agreement shall be enforceable in Miami-Dade County, Florida, and if legal action is necessary by either party with respect to the enforcement of any or all of the terms or conditions herein, exclusive venue for the enforcement of same shall lie in Miami-Dade County, Florida. By entering into this Agreement, Consultant and the City expressly waive any rights either party may have to a trial by jury of any civil litigation related to or arising out of this Agreement. SECTION 8 LIMITATION OF CITY'S LIABILITY The City desires to enter into this Agreement only if in so doing the City can place a limit on the City's liability for any cause of action, for money damages due to an alleged breach by the City of this Agreement, so that its liability for any such breach never exceeds the sum of $10,000. Consultant hereby expresses its willingness to enter into this Agreement with Consultant's recovery from the City for any damage action for breach of contract to be limited to a maximum amount of$10,000. Accordingly, and notwithstanding any other term or condition of this Agreement, Consultant hereby agrees that the City shall not be liable to the Consultant for damages in an amount in excess of $10,000 for any action or claim for breach of contract arising out of the performance or non-performance of any obligations imposed upon the City by this Agreement. Nothing contained in this section or elsewhere in this Agreement is in any way intended to be a waiver of the limitation placed upon the City's liability, as set forth in Section 768.28, Florida Statutes. SECTION 9 DUTY OF CARE/COMPLIANCE WITH APPLICABLE LAWS/PATENT RIGHTS; COPYRIGHT; AND CONFIDENTIALITY 9.1 DUTY OF CARE With respect to the performance of the work and/or service contemplated herein, Consultant shall exercise that degree of skill, care, efficiency and diligence normally exercised by reasonable persons and/or recognized professionals with respect to the performance of comparable work and/or services. 5 9.2 COMPLIANCE WITH APPLICABLE LAWS In its performance of the work and/or services, Consultant shall comply with all applicable laws, ordinances, and regulations of the City, Miami-Dade County, the State of Florida, and the federal government, as applicable. 9.3 PATENT RIGHTS; COPYRIGHT; CONFIDENTIALITY Any work product arising out of this Agreement, as well as all information specifications, processes, data and findings, are intended to be the property of the City and shall not otherwise be made public and/or disseminated by Consultant, without the prior written consent of the City, excepting any information, records etc. which are required to be disclosed pursuant to Court Order and/or Florida Public Records Law. All reports, documents, articles, devices, and/or work produced in whole or in part under this Agreement are intended to be the sole and exclusive property of the City, and shall not be subject to any application for copyright or patent by or on behalf of the Consultant or its employees or sub-consultants, without the prior written consent of the City. Consultant will safeguard Private Health Information and other personal information to ensure that the information is not improperly disclosed. Consultant or any person appointed by or under its control, will make sure that any third party service providers having access to Private Health Information and other personal information are trained in privacy policies directed at safeguarding against improper disclosure, made familiar with the confidentiality obligations set forth in this Agreement, and abide by those requirements as minimum safeguards against improper disclosure. Consultant will immediately notify the City, in writing, of any disclosure of Private Health Information or personal information in its possession or control that is not consistent with the provisions of this Agreement of which the Consultant becomes aware. In the event of improper disclosure, Consultant shall take reasonable steps to alleviate the effects of the improper disclosure. Consultant acknowledges and agrees that improper disclosure of Private Health information or other personal information will amount to a material breach of this Agreement and constitute grounds for immediate termination of this Agreement. Nothing herein shall prevent the City from seeking injunctive relief (or any other provisional remedy), as is necessary to protect the City's proprietary rights. SECTION 10 GENERAL PROVISIONS 10.1 AUDIT AND INSPECTIONS Upon reasonable verbal or written notice to Consultant, and at any time during normal business hours (i.e. 9AM — 5PM, Monday through Fridays, excluding nationally recognized holidays), and as often as the City Manager may, in his/her reasonable discretion and judgment, deem necessary, there shall be made available to the City Manager, and/or such representatives as the City Manager may deem to act on the City's behalf, to audit, examine, and/ or inspect, any and all other documents and/or records relating to all matters covered by 6 this Agreement. Consultant shall maintain any and all such records at its place of business at the address set forth in the "Notices" section of this Agreement. 10.2 [INTENTIONALLY DELETETD] 10.3 ASSIGNMENT, TRANSFER OR SUBCONSULTING Consultant shall not subcontract, assign, or transfer all or any portion of any work and/or service under this Agreement without the prior written consent of the City Manager, which consent, if given at all, shall be in the Manager's sole judgment and discretion. Neither this Agreement, nor any term or provision hereof, or right hereunder, shall be assignable unless as approved pursuant to this Section, and any attempt to make such assignment (unless approved) shall be void. 10.4 PUBLIC ENTITY CRIMES Prior to commencement of the Services, the Consultant shall file a State of Florida Form PUR 7068, Sworn Statement under Section 287.133(3)(a) Florida Statute on Public Entity Crimes with the City's Procurement Division. 10.5 EQUAL EMPLOYMENT OPPORTUNITY In connection with the performance of the Services, the Consultant shall not discriminate against any employee or applicant for employment because of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, disability, marital and familial status, or age. 10.6 CONFLICT OF INTEREST The Consultant herein agrees to adhere to and be governed by all applicable Miami- Dade County Conflict of Interest Ordinances and Ethics provisions, as set forth in the Miami- Dade County Code, and as may be amended from time to time; and by the City of Miami Beach Charter and Code (as some may be amended from time to time); both of which are incorporated by reference herein as if fully set forth herein. The Consultant covenants that it presently has no interest and shall not acquire any interest, directly or indirectly, which could conflict in any manner or degree with the performance of the Services. The Consultant further covenants that in the performance of this Agreement, Consultant shall not knowingly employ any person having such interest. No member of or delegate to the Congress of the United States shall be admitted to any share or part of this Agreement or to any benefits arising there from. SECTION 11 NOTICES All notices and communications in writing required or permitted hereunder, shall be delivered personally to the representatives of the Consultant and the City listed below or may be mailed by U.S. Certified Mail, return receipt requested, postage prepaid, or by a nationally recognized overnight delivery service. 7 Until changed by notice in writing, all such notices and communications shall be addressed as follows: TO CONSULTANT: Digistream South Florida, Inc. 1806 No. Flamingo Road, Suite# 313 Pembroke Pines, FL. 33028 Attn: Michael Damast, Managing Member TO CITY: City of Miami Beach Human Resources Department Risk Management Division 1700 Convention Center Drive, 3rd Floor Miami Beach, FL. 33139 Attn: Sonia Bridges, Division Director WITH COPY TO: City of Miami Beach City Managers' Office 1700 Convention Center Drive, 4th Floor Miami Beach, FL. 33139 Attn: Jimmy Morales, City Manager Notice may also be provided to any other address designated in writing by the party to receive notice if such alternate address is provided via U.S. certified mail, return receipt requested, hand delivered, or by overnight delivery. In the event an alternate notice address is properly provided, notice shall be sent to such alternate address in addition to any other address which notice would otherwise be sent, unless other delivery instruction as specifically provided for by the party entitled to notice. Notice shall be deemed given on the day on which personally served, or the day of receipt by either U.S. certified mail or overnight delivery. SECTION 12 MISCELLANEOUS PROVISIONS 12.1 CHANGES AND ADDITIONS This Agreement cannot be modified or amended without the express written consent of the parties. No modification, amendment, or alteration of the terms or conditions contained herein shall be effective unless contained in a written document executed with the same formality and of equal dignity herewith. 12.2 SEVERABILITY If any term or provision of this Agreement is held invalid or unenforceable, the remainder of this Agreement shall not be affected and every other term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 12.3 ENTIRETY OF AGREEMENT The City and Consultant agree that this is the entire Agreement between the parties. This Agreement supersedes all prior negotiations, correspondence, conversations, agreements or understandings applicable to the matters contained herein, and there are no commitments, agreements or understandings concerning the subject matter of this Agreement that are not 8 contained in this document. Title and paragraph headings are for convenient reference and are not intended to confer any rights or obligations upon the parties to this Agreement. 12.4 CONSULTANT'S COMPLIANCE WITH FLORIDA PUBLIC RECORDS LAW Pursuant to Section 119.0701 of the Florida Statutes, if the Consultant meets the definition of"Contractor" as defined in Section 119.0701(1)(a), the Consultant shall: a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the service; b) Provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; and d) Meet all requirements for retaining public records and transfer to the City, at no City cost, all public records created, received, maintained and/or directly related to the performance of this Agreement that are in possession of the Consultant upon termination of this Agreement. Upon termination of this Agreement, the Consultant shall destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the City in a format that is compatible with the information technology systems of the City. For purpose of this Article, the term "public records" shall mean all documents, papers, letters, maps, books, tapes, photographs, films, sound recordings, data processing software, or other material, regardless of the physical form, characteristics, or means of transmission, made or received pursuant to law or ordinance or in connection with the transaction of official business of the City. Consultant's failure to comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes shall be a breach of this Agreement. In the event the Consultant does not comply with the public records disclosure requirement set forth in Section 119.0701 of the Florida Statutes, the City may, at the City's sole discretion, avail itself of the remedies set forth under this Agreement and available at law. [REMAINDER OF THIS PAGE LEFT INTENTIONALLY BLANK] 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their appropriate officials, as of the date first entered above. FOR CITY: CITY OF MIAMI BEACH, FLORIDA ATTEST: By: City Clerk % Mayo _ V� /[ Date: Lz .. FOR CONSULTANT: \U . ;DIGISTREAM SOUTH FLORIDA, INC. ATTEST: : ' 'CH '2 • By: Secretary Pres'.4t 111 I Ch er-/U ONVVI AST firiteona)-41‘ieth Print Name Print Name/Title Date: •1 • • APPROVED AS TO FORM &LANGUAGE &AOR . ,E TION fir". City Attorney 0 Date 10 EXHIBIT A-SCOPE AND DELIVERABLES 1. List of Work To Be Performed: a) Surveillance/Investigation of Claimants for Tort Liability and Workers' Compensation; Written Report along with surveillance DVD/Photos; report may be sent electronically b) Activity Checks of Claimants for Tort Liability and Workers' Compensation; Written Report along with surveillance DVD/Photos, indicating activity performed; report may be sent electronically c) Research and Background Investigations of Claimants for Tort Liability and Workers' Compensation; Written Report; Written Comprehensive Report along with supporting documentation; report may be sent electronically d) Research and Background Investigations of selected Employment Matters e) Adjusting Service (e.g. Witness Statements, Witness Locate) for Tort Liability and Workers' Compensation; Written Report along with supporting documentation; report may be sent electronically 2. Deliverables/Reports: a) Contractor shall acknowledge receipt of an assignment via electronic mail within 24 hours of receiving the referral (send acknowledgement to TPA if Workers' Compensation related matter, HR Risk Management if Tort Liability, or HR Administration if Employment related). b) Contractor shall send an investigation report within 14 days of receipt of assignment. The report may be provided to the City and TPA via an online system, e-mail, or other technology deemed acceptable by the City. Contractor shall provide a hard copy with attachments, photos, recording or video, if requested by the City. c) Contractor performing a field investigation shall obtain a photo of the employee and, if noted, a photo of the area where the injury occurred. The photos shall be included in the contractors' report. d) Contractor shall summarize each investigation and give recommendations for further investigation, if any. Contractor shall not give an opinion regarding compensability. 11 EXHIBIT B—VENDOR COMPENSATION SERVICE PORTFOLIO SURVEILLANCE RATES FULL DAY $1095 or$1101hr Surveillance orders include $695 all local travel charges and Next Day Video SPOT CHECK $325 FLAT RATES INCLUD • • • the assignmen • On-site investigative time • Miles traveled to and from the assignment,as well as miles traveled following the claimant • Use of a late-model company-owned surveillance vehicle and cutting-edge surveillance equipment • Reasonable incidental expenses(tolls,parking,expenses incurred while filming a claimant inside a restaurant or other venue,etc.) • Procurement and delivery of a Next Day Video update • Procurement,editing,and delivery of a detailed surveillance report • Procurement and delivery of a DVD copy of all footage obtained • Preliminary investigative work on each assignment Including address verification,virtual assessment of surveillance location,light background investigative work,and a preliminary scan of claimant's social media presence • Initial intake and entry of all case information into our database INTELLIGENCE RATES • •RO' PLUS An in-de. - subject's =•ia and background,it includes: •SocialPro report • Full-spectrum national background check from four top data providers •60-days of complimentary social media monitoring A location-based search of a specific area to uncover photos,videos or comments about the incident in question.The search also supplies contact information for witnesses to the incident as well as provides geographical context about the area where the incident occurred. $250 per 15 facilities searched Provides locations and often dat- urgent care facilities,or gyms around a given radius. DYNAMIC RESEARCH $125 per hour pecfa •ue . fgence investigations everag ng II capabilities of DigiStream's intelligence network and team of trained Research Analysts. Includes recorded statements,AOE/COE,subr.••tion assignments, Alive&Well Checks,&scene investigations. D• • igiStream 15 YEARS OF INNOVATION 800.747.4329 I DigiStream.com I N V E S T I G A T 1 0 N 5 COMPENSATION SUPPLEMENTAL INFORMATION: • Full Day : Between 8 to 12 hours on-site • Half Day: Between 4 to 6 hours on-site 12 ATTACHMENT A RESOLUTION COMMISSION ITEMS AND COMMISSION MEMORANDUM RESOLUTION NO. 2016-29389 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-057-WG FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS; AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), DIGISTREAM SOUTH FLORIDA, INC., PROVEN INVESTIGATIONS, LLC AND CROSSROADS SDI, INC.; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. WHEREAS, Request for Qualifications (RFQ) No. 2016-057-WG was released on February 17, 2016; and WHEREAS, the City received statements of qualifications from Crossroads SDI, Inc., DigiStream South Florida, Inc., Proven Investigations, LLC, VRP Group, Inc. d/b/a Regius, and Giordano Protection Services, LLC; and WHEREAS, the proposal for Giordano Protection Services, LLC was not considered for failure to meet the minimum requirements of the RFQ; and WHEREAS, on April 6, 2016, the City Manager, via Letter to Commission, appointed and Evaluation Committee(the"Committee")consisting of the following individuals: • Sonia Bridges, Division Director Risk & Benefits, Human Resources Department • Jose Del Risco, Human Resources Assistant Director, Human Resources Department • Emomotimi Brisibe, Senior Assistant City Attorney, Office of the City Attorney The following Alternate was also appointed: • Rafael Granado, City Clerk, Office of the Clerk; and WHEREAS, the Committee convened on April 21, 2016 to consider all responsive proposals; and WHEREAS, the Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government Sunshine Law, general information on the scope of services, references, and a copy of the RFQ; and WHEREAS, the Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ; and WHEREAS, the Committee's ranking was as follows: Digistream South Florida, Inc., as the top ranked proposer, Proven Investigations, LLC, as the second highest ranked proposer; Crossroads SDI, Inc., as the third highest ranked proposer; and VRP Group, Inc., as the fourth highest ranked proposer; and WHEREAS, the City Manager considered all of the responsive submissions and the results of the Evaluation Committee process; and WHEREAS, the City Manager recommends, in order to establish a pool of contracts that will allow the City to better respond to the need for services, that the top three ranked proposers: DigiStream South Florida, Inc., Proven Investigations, LLC, and Crossroads SDI, Inc. be awarded contracts; and I ' NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that the Mayor and City Commission hereby accept the recommendation of the City Manager pertaining to the ranking of proposals, pursuant to Request for Qualifications No. 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters; authorize the Administration to enter to negotiations with DigiStream South Florida, Inc., Proven Investigations, LLC, and Crossroads SDI, Inc.; and further authorize the Mayor and City Clerk to execute agreements upon conclusion of successful negotiations by the Administration. PASSED AND ADOPTED this 1/ day of /174/ 2016. • ATTEST: / ,----i■C-6-' • , AI S 27 r' y� RAF• L E. "'•NADO, C CLERK*:INCORF `p ±'IP EVINE, MAYOR .6H26`" r 1 i . APPROVED AS TO FORM & LANGUAGE &FOR-EXECUTION . 'J es. __ City Att. -y I. Date T:V WGENDA\20161May\Procurement\RFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-RESO.doc 1 ' - C,,QMMISSION-ITEM-SUMMARY Condensed Title: A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMMENDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016-057-WG FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS,WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), DIGISTREAM SOUTH FLORIDA,INC.,PROVEN INVESTIGATIONS,LLC AND CROSSROADS SDI,INC.;AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. Key Intended Outcome Supported: Strengthen Internal Controls To Achieve More Accountability Supporting Data(Surveys, Environmental Scan,etc: N/A Item Summary/Recommendation: The Administration issued RFQ 2016-057-WG to seek statements of qualifications from firms to provide investigation, background,adjusting and surveillance of selected tort liability claims,workers compensation claims and other employment related matters for the City of Miami Beach on February 17, 2016. On April 1,2016,the City received statements of qualifications from Crossroads SDI, Inc.,DigiStream South Florida, Inc., Proven Investigations, LLC,VRP Group, Inc. DBA Regius,and Giordano Protection Services, LLC.Giordano Protection Services, LLC was deemed non-responsive for failure to meet the requirements of the RFQ, including failure to submit:documentation indicating compliance with licensing requirement,evidence of prior experience,any information on team,that would service the City. On April 21, 2016 the City Manager appointed Evaluation Committee(the"Committee")convened to consider the statement of qualifications received. After considering proposals and the results of the Evaluation Committee process, pursuant to RFQ No.2016-057- WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters,the City Manager recommends award of contracts to the three (3) highest ranked proposers: DigiStream South Florida, Inc., Proven Investigations, LLC and Crossroads SDI, Inc. The City currently uses the services of only one investigation firm to fulfill the needs of the Human Resources Department as it relates to tort claims,workers'compensation claims,adjusting services,surveillance,backgrounds, and other employment related matters. The recommendation is to have a pool of investigation firms that will assure that the City's needs are met in a timely matter. ADMINISTRATION RECOMMENDATION Adopt the Resolution. Advisory Board Recommendation: N/A Financial Information: The annual cost associated with the Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters are subject to the funds availability approved through the City's budgeting process. Source of • Amount • Account Funds: 1 2 Total Financial Impact Summary: City Clerk's Office Legislative Tracking: Alex Denis, Extension 6641 Sign-Offs: De•artm tDi -,o 'Assistan ?i.•na•er Ci :M. a•_er ` • 1111.110 kg& Ir l MT goLVAIMIIII rA -. Pr ® MIAMI BEACH AGENDA ITEM C 7 DATE S—11-14, MIAMIBEACH City of Miami Beach, 1700 Convention Center Drive,Miami Beach, Florida 33139,www.miamibeachfl.gov COMMISSION MEMORANDUM TO: Mayor Philip Levine and Members of th City Commi ion FROM: Jimmy L. Morales, City Manager DATE: May 11, 2016 SUBJECT: A RESOLUTION OF THE MAYOR ND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ACCEPTING THE RECOMM NDATION OF THE CITY MANAGER PERTAINING TO THE RANKING OF FIRMS, PURSUANT TO REQUEST FOR QUALIFICATIONS (RFQ) NO. 2016- 057-WG FOR INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS COMPENSATION CLAIMS AND OTHER EMPLOYMENT RELATED MATTERS AND AUTHORIZING THE ADMINISTRATION TO ENTER INTO NEGOTIATIONS WITH THE THREE TOP-RANKED PROPOSER(S), DIGISTREAM SOUTH FLORIDA, INC. AND PROVEN INVESTIGATIONS, LLC; AND CROSSROADS SDI, INC; AND FURTHER AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AGREEMENTS UPON CONCLUSION OF SUCCESSFUL NEGOTIATIONS BY THE ADMINISTRATION. ADMINISTRATION RECOMMENDATION Adopt the resolution. • FUNDING The annual cost associated with the Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters is subject to the funds availability approved through the City's budgeting process. BACKGROUND The Administration issued RFQ 2016-057-WG to seek statements of qualifications from firms to provide investigation, background, adjusting and surveillance of selected tort liability claims, workers compensation claims and other employment related matters for the City of Miami Beach. RFQ PROCESS The RFQ was released on February 17, 2016. On April 1, 2016, the City received statements of qualifications from the following firms: Crossroads SDI, Inc. DigiStream South Florida, Inc. Proven Investigations, LLC VRP Group, Inc. DBA Regius Giordano Protection Services, LLC Giordano Protection Services, LLC was deemed non-responsive for failure to meet the requirements of the RFQ, including failure to submit: documentation indicating compliance with licensing requirement, evidence of prior experience, any information on team that would service the City. On April 6, 2016, the City Manager appointed, via letter to Commission (LTC) No. 144-2016, an Evaluation Committee(the Committee), consisting of the following individuals: • Sonia Bridges, Division Director Risk& Benefits, Human Resources Department • Jose Del Risco, Human Resources Assistant Director, Human Resources Department • Emomotimi Brisibe, Senior Assistant City Attorney, Office of the City Attorney The following Alternates were also appointed: • Commission Memorandum —RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters May 11, 2016 Page 2 The Committee convened on April 21, 2016, to consider the statement of qualifications received. The Committee was provided an overview of the project, information relative to the City's Cone of Silence Ordinance and the Government in the Sunshine Law. The Committee was also provided general information on the scope of services, references, and a copy of each proposal. The Committee was instructed to score and rank the proposals pursuant to the evaluation criteria established in the RFQ. teri otal`,PointS-T4X Similar project experience References 100 Team member qualifications or Other Factors or Information Requested under this RFQ The RFQ also stipulated that additional points would be applied, if applicable pursuant to the City's Veteran's Preference Ordinance. However, none of the proposers were eligible for the veteran's preference. After proposer's presentations and interviews, the Committee discussed the proposers' qualification, experience, and competence, and further scored the proposers in accordance with the qualitative criteria established in the RFQ ( Similar project experience, References, Team member qualifications or Other Factors or Information Requested under this RFQ). The final rankings are as follows: RFQ#2016-057-WG for Investigation.Background, ci, .N o Adjusting and Surveillance of o� m v' i Selected Tort Liability Claims, LOW Workers'Compensation Claims m 5 p AGGRE and other Employment Related . o N GATE Matters r° Ranking w Ranking Ranking TOFT ALS Crossroads SDI, Inc. 70 3 79 2 90 2 3 DigiStream South Florida. Inc. 85 1 85 1 85 3 5 1 Proven Investigations.LLC 75 2 77 3 93 1 6 2 VRP Group, Inc. dba Regius _ 45 4 76 4 75 4 12 _ 4 Veterans Preference Maximum Veterans Allowable Total Points Proposer Preference Points Awarded' Crossroads SDI,Inc. 0 5 0 1 DigiStream South Fonda,Inc. 0 . 5 ( 0 Proven Investigations,LLC 0 I 5 0 VRP Group,Inc.dba Regius 0 5 0 In determining responsiveness and responsibility of the firms, the Procurement Department verified compliance with the minimum requirements established in the RFQ, financial capacity as contained in the Dun & Bradstreet Supplier Qualifier Report, and past performance through client references submitted by each proposer. I ! Commission Memorandum —RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters May 11, 2016 Page 3 CITY MANAGER'S DUE DILIGENCE After considering proposals and the results of the Evaluation Committee process, pursuant to RFQ No. 2016-057-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters, I recommend the award of contracts to the three (3) highest ranked proposers: DigiStream South Florida, Inc., Proven Investigations, LLC, and Crossroads SDI, Inc. The City currently uses the services of only one investigation firm to fulfill the needs of the Human Resources Department as it relates to tort claims, workers' compensation claims, adjusting services, surveillance, backgrounds, and other employment related matters. The recommendation is to have a pool of investigation firms that will assure that our needs are met in a timely matter. CONCLUSION The Administration recommends that the Mayor and City Commission of the City of Miami Beach, Florida, approve the resolution accepting the recommendation of the City Manager, pertaining to the ranking of proposals received pursuant to Request for Qualifications (RFQ) No. 2016-057-WG, for Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers Compensation Claims and Other Employment Related Matters, to award contracts to: DigiStream South Florida, Inc., Proven Investigations, LLC and Crossroads SDI, Inc.; and, further authorizing the Mayor and City Clerk to execute agreements with the recommended firms upon conclusion of successful negotiations by the Administration. JLM/MT/SCT/AD/WG F:\T_Drive\AGENDA120161May\Procurement\RFQ 2016-057-WG Investigations\RFQ 2016-057-WG Investigations-Memoa.doc • — I ATTACHMENT B REQUEST FOR QUALIFICATIONS (RFQ) AND ADDENDUMS MIAMI BEACH City of Miami Beach, 1755 Meridian Avenue,3rd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 2 INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG March 22, 2016 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The RFQ is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED Q1) Is pricing to be included in the RFQ package? Al) No. Pricing will be negotiated with the successful firm(s). Q2) What has the City paid for reports as it relates to the investigation background adjusting and surveillance of tort liability claims, worker's compensation claims and other employment related matters, from January 2015 to the present? A2) The City has paid $13,980, for workers' compensation surveillance investigations from January 2015 to present. The City has paid approximately $12,000 For tort liability claims investigation services and employment related matters, from January 2015 to present. Q3) What has the City paid for hourly surveillance in accord with the investigation, background, adjusting and surveillance of tort liability claims, worker's compensation claims and other employment related matters, from January 2015 to the present? A3) The contract rate for surveillance, investigation and other adjusting services is $55/hour. The cost for related investigation reports (Driving History, Court History, etc.) ranges from $40 -$50 each. Q4) Will this be a single company award or will multiple companies be awarded a contract? A4) Please refer to Section 0200, Paragraph 19, entitled "Determination of Award." Q5) Approximately how many cases were assigned to the incumbent(s) for the year 2015 under the current contract? A5) Approximately thirty(30) cases were assigned during the 2015 year. Q6) Am I correct that you are not asking for a price quote for services in this RFQ? A6) Yes. See response to question number 1 above. Q7) What is the budget per case or per year for the current contract? A7) See response to question number 2 above 1 Q8) What is the current fee schedule for the services provided under the current contract? A8) See response to question number 3. Q9) Who is the incumbent on the current contract? A9) The incumbent contractor for the referenced contract is Proven Investigations, LLC. Q10) Can the City provide incumbent vendor's proposal for the existing contract? A10) The incumbent vendor's proposal and executed agreement are attached as Exhibits A, B & C. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, Alex Denis Procurement Director • 2 MIAMIBEACH City of Miami Beach, 1755 Meridian Avenue,3'd Floor, Miami Beach,Florida 33139,www.miamibeachfl.gov PROCUREMENT DEPARTMENT Tel:305-673-7490. ADDENDUM NO. 1 INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG March 15, 2016 This Addendum to the above-referenced RFQ is issued in response to questions from prospective proposers, or other clarifications and revisions issued by the City. The ITB is amended in the following particulars only. I. ANSWERS TO QUESTIONS RECEIVED Q1) What is the contract effective date? Al) The anticipated effective date for this solicitation is August 1, 2016. Q2) Is City of Miami Beach self-insured or deductible? A2) The City is self-insured for Worker's Compensation and Liability. Q3) If deductible-who is the carrier? A3) See response to question 2 above. Q4) What is the deductible level? A4) See response to question 2 above Q5) Who is the incumbent Third Party Administrator(TPA)? A5 The TPA for Worker's Compensation is CorVel Corporation. However, this RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q6) How long have you been with the incumbent TPA? A6) CorVel Corporation has been the City's incumbent TPA since February 2015. However, this RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q7) Why are you out to market? A7) The City's contract with the current investigative company is scheduled to expire August 2016. Q8) What objectives would you like to accomplish in this process? A8) Please refer to the purpose specified in Instructions to Respondents & General Conditions, Section 0200, Paragraph 2, of the RFQ document. 1 Q9) Who controls the claims process? A9) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q10) Who is the decision maker at City of Miami Beach? A10) Please refer to Instructions to Respondents & General Conditions, Section 0200, Paragraph 19, of the RFQ document. Q11) Are there takeover claims? Al 1) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Q12) For pricing purposes, can you send loss runs in excel format for the last 3 years? Al2) This RFQ is for investigation, Background, Adjusting and Surveillance services. It is not for Third Party Administrative Services of our Workers Compensation and Liability Programs. Any questions regarding this Addendum should be submitted in writing to the Procurement Management Department to the attention of the individual named below, with a copy to the City Clerk's Office at RafaelGranado @miamibeachfl.gov. Procurement Contact: Telephone: Email: William Garviso 305-673-7000, ext. 6650 WilliamGarviso @miamibeachfl.gov Proposers are reminded to acknowledge receipt of this addendum as part of your RFQ submission. Sincerely, — ►� Alex Denis Procurement Director 2 REQUEST FOR QUALIFICATIONS ( RFQ) INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS. RFQ 2016-057-WG RFQ ISSUANCE DATE: FEBRUARY 17, 2016 STATEMENTS OF QUALIFICATIONS DUE: APRIL 1, 2016 @ 3:00 PM ISSUED BY: ® MIAMIBEACH William Garviso, Procurement Contracting Officer II PROCUREMENT DEPARTMENT 1755 Meridian Avenue, 3rd Floor, Miami Beach, FL 33139 305.673.7000 x66501 www.miamibeachfl.gov ® MIAMI BEACH TABLE OF CONTENTS SOLICITATION SECTIONS: PAGE 0100 NOT UTILIZED N/A 0200 INSTRUCTIONS TO RESPONDENTS & GENERAL CONDITIONS 4 0300 SUBMITTAL INSTRUCTIONS & FORMAT 12 0400 EVALUATION PROCESS 14 APPENDICES: PAGE APPENDIX A RESPONSE CERTIFICATON, QUESTIONNAIRE AND AFFIDAVITS 16 APPENDIX B "NO BID" FORM 23 APPENDIX C MINIMUM REQUIREMENTS & SPECIFICATIONS 25 APPENDIX D SPECIAL CONDITIONS 26 APPENDIX E INSURANCE REQUIREMENTS 29 RFQ 2016-057-WG 2 tm► MIAMIBEACH SECTION 0200 INSTRUCTIONS TO RESPONDENTS &GENERAL CONDITIONS 1. GENERAL. This Request for Qualifications (RFQ) is issued by the City of Miami Beach, Florida (the"City"), as the means for prospective Proposer to submit their qualifications, proposed scopes of work and cost Statement of Qualifications (the "proposal") to the City for the City's consideration as an option in achieving the required scope of services and requirements as noted herein. All documents released in connection with this solicitation, including all appendixes and addenda, whether included herein or released under separate cover, comprise the solicitation, and are complementary to one another and together establish the complete terms, conditions and obligations of the Proposer and, subsequently, the successful proposer(s) (the "contractor[s]") if this RFQ results in an award. The City utilizes PublicPurchase (www.publicpurchase.com) for automatic notification of competitive solicitation opportunities and document fulfillment, including the issuance of any addendum to this RFQ. Any prospective proposer who has received this RFQ by any means other than through PublicPurchase must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal submitted. 2. PURPOSE. The City of Miami Beach seeks statements of qualifications from licensed, experienced investigative firms for services related to the investigation, background and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. 3. SOLICITATION TIMETABLE.The tentative schedule for this solicitation is as follows: Solicitation Issued February 17, 2016 Pre-Submittal Meeting N/A Deadline for Receipt of Questions March 22, 2016 @ 3:00PM Responses Due April 1, 2016 @ 3:00PM Evaluation Committee Review TBD Proposer Presentations TBD Tentative Commission Approval Authorizing TBD Negotiations Contract Negotiations Following Commission Approval 4. PROCUREMENT CONTACT. Any questions or clarifications concerning this solicitation shall be submitted to the Procurement Contact noted below: Procurement Contact: Telephone: Email: William Garviso, CPPB 305 673-7000#6650 williamgarviso a(�miamibeachfl.gov Additionally, the City Clerk is to be copied on all communications via e-mail at RafaelGranado'atmiamibeachfl.gov; or via facsimile: 786.394-4 188. The Bid title/number shall be referenced on all correspondence. All questions or requests for clarification must be received no later than ten (10) calendar days prior to the date proposals are due as scheduled in Section 0200-3. All responses to questions/clarifications will be sent to all prospective Proposers in the form of an addendum. RFQ 2016-057-WG 3 e MIAMIBEACH 5. PRE-PROPOSAL MEETING OR SITE VISIT(S). Only if deemed necessary by the City, a pre-proposal meeting or site visit(s) may be scheduled. A Pre-PROPOSAL conference will be held as scheduled in Anticipated RFQ Timetable section above at the following address: City of Miami Beach Procurement Department—3rd Floor Conference Room 1755 Meridian Avenue Miami Beach, Florida 33139 Attendance (in person or via telephone) is encouraged and recommended as a source of information, but is not mandatory. Proposers interested in participating in the Pre-Proposal Submission Meeting via telephone must follow these steps: (1) Dial the TELEPHONE NUMBER: 1-888-270-9936 (Toll-free North America) (2) Enter the MEETING NUMBER: 9415468 Proposers who are interested in participating via telephone should send an e-mail to the contact person listed in this RFQ expressing their intent to participate via telephone. 6. PRE-PROPOSAL INTERPRETATIONS. Oral information or responses to questions received by prospective Proposers are not binding on the City and will be without legal effect, including any information received at pre- submittal meeting or site visit(s). The City by means of Addenda will issue interpretations or written addenda clarifications considered necessary by the City in response to questions. Only questions answered by written addenda will be binding and may supersede terms noted in this solicitation. Addendum will be released through PublicPurchase. Any prospective proposer who has received this RFQ by any means other than through PublicPurchace must register immediately with PublicPurchase to assure it receives any addendum issued to this RFQ. Failure to receive an addendum may result in disqualification of proposal. Written questions should be received no later than the date outlined in the Anticipated RFQ Timetable section. 7. CONE OF SILENCE. This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Cone of Silence Requirements, as codified in Section 2-486 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Cone of Silence are complied with, and shall be subject to any and all sanctions, as prescribed therein, including rendering their response voidable, in the event of such non-compliance. Communications regarding this solicitation are to be submitted in writing to the Procurement • Contact named herein with a copy to the City Clerk at rafaelgranado(a,miamibeachfl.gov RFQ 2016-057-WG 4 ® MIAMI BEACH 8. SPECIAL NOTICES. You are hereby advised that this solicitation is subject to the following ordinances/resolutions, which may be found on the City Of Miami Beach website: http://web.miamibeachfl.qov/procurement/scroll.aspx?id=23510 • CONE OF SILENCE CITY CODE SECTION 2-486 • PROTEST PROCEDURES CITY CODE SECTION 2-371 • DEBARMENT PROCEEDINGS CITY CODE SECTIONS 2-397 THROUGH 2-485.3 • LOBBYIST REGISTRATION AND DISCLOSURE OF FEES CITY CODE SECTIONS 2-481 THROUGH 2-406 • CAMPAIGN CONTRIBUTIONS BY VENDORS CITY CODE SECTION 2-487 • CAMPAIGN CONTRIBUTIONS BY LOBBYISTS ON PROCUREMENT ISSUES CITY CODE SECTION 2-488 • REQUIREMENT FOR CITY CONTRACTORS TO PROVIDE EQUAL BENEFITS FOR DOMESTIC PARTNERS CITY CODE SECTION 2-37 • PREFERENCE FOR FLORIDA SMALL BUSINESSES OWNED AND CONTROLLED BY VETERANS AND TO STATE-CERTIFIED SERVICE- DISABLED VETERAN BUSINESS ENTERPRISES CITY CODE SECTION 2-374 • FALSE CLAIMS ORDINANCE CITY CODE SECTION 70-300 • ACCEPTANCE OF GIFTS,FAVORS&SERVICES CITY CODE SECTION 2-449 9. PUBLIC ENTITY CRIME. A person or affiliate who has been placed on the convicted vendor list following a conviction for public entity crimes may not submit a bid on a contract to provide any goods or services to a public entity, may not submit a bid on a contract with a public entity for the construction or repair of a public building or public work, may not submit bids on leases of real property to public entity, may not be awarded or perform work as a contractor, supplier, sub-contractor, or consultant under a contract with a public entity, and may not transact business with any public entity in excess of the threshold amount provided in Sec. 287.017, for CATEGORY TWO for a period of 36 months from the date of being placed on the convicted vendor list. 10. COMPLAINCE WITH THE CITY'S LOBBYIST LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, all City lobbyist laws. Proposers shall be solely responsible for ensuring that all City lobbyist laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including, without limitation, disqualification of their responses, in the event of such non-compliance. 11. DEBARMENT ORDINANCE: This RFQ is subject to, and all proposers are expected to be or become familiar with, the City's Debarment Ordinance as codified in Sections 2-397 through 2-406 of the City Code. 12. WITH THE CITY'S CAMPAIGN FINANCE REFORM LAWS. This RFQ is subject to, and all Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with, and shall be subject to any and all sanctions, as prescribed therein, including disqualification of their responses, in the event of such non-compliance. 13. CODE OF BUSINESS ETHICS. Pursuant to City Resolution No.2000-23879, the Proposer shall adopt a Code of Business Ethics ("Code") and submit that Code to the Procurement Division with its response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. 14. AMERICAN WITH DISABILITIES ACT (ADA). Call 305-673-7490 to request material in accessible format; sign language interpreters (five (5)days in advance when possible), or information on access for persons with disabilities. For more information on ADA compliance, please call the Public Works Department, at 305-673- 7000, Extension 2984. RFQ 2016-057-WG 5 MIAMIBEACH 15. POSTPONEMENT OF DUE DATE FOR RECEIPT OF PROPOSALS. The City reserves the right to postpone the deadline for submittal of proposals and will make a reasonable effort to give at least three (3) calendar days written notice of any such postponement to all prospective Proposers through PublicPurchase. 16. PROTESTS. Proposers that are not selected may protest any recommendation for selection of award in accordance with eh proceedings established pursuant to the City's bid protest procedures, as codified in Sections 2- 370 and 2-371 of the City Code (the City's Bid Protest Ordinance). Protest not timely made pursuant to the requirements of the City's Bid Protest Ordinance shall be barred. 17. MIAMI BEACH BASED VENDORS PREFERENCE. Pursuant to City of Miami Beach Ordinance No. 2011 3717, 18. VETERAN BUSINESS ENTERPRISES PREFERENCE. Pursuant to City Code Section 2-374, the City shall give a preference to a responsive and responsible Proposer which is a small business concern owned and controlled by a veteran(s) or which is a service-disabled veteran business enterprise, and which is within five percent (5%) of the lowest responsive, responsible proposer, by providing such proposer an opportunity of providing said goods or contractual services for the lowest responsive proposal amount (or in this RFQ, the highest proposal amount). Whenever, as a result of the foregoing preference, the adjusted prices of two (2) or more proposers which are a small business concern owned and controlled by a veteran(s) or a service-disabled veteran business enterprise constitute the lowest proposal pursuant to an RFQ or oral or written request for quotation, and such proposals are responsive, responsible and otherwise equal with respect to quality and service, then the award shall be made to the service-disabled veteran business enterprise. 19. DETERMINATION OF AWARD. The final ranking results of Step 1 & 2 outlined in Section 0400, Evaluation of Proposals, will be considered by the City Manager who may recommend to the City Commission the Proposer(s) s/he deems to be in the best interest of the City or may recommend rejection of all proposals. The City Manager's recommendation need not be consistent with the scoring results identified herein and takes into consideration Miami Beach City Code Section 2-369, including the following considerations: (1) The ability, capacity and skill of the Proposer to perform the contract. (2)Whether the Proposer can perform the contract within the time specified, without delay or interference. (3) The character, integrity, reputation,judgment, experience and efficiency of the Proposer. (4) The quality of performance of previous contracts. (5)The previous and existing compliance by the Proposer with laws and ordinances relating to the contract. The City Commission shall consider the City Manager's recommendation and may approve such recommendation. The City Commission may also, at its option, reject the City Manager's recommendation and select another Proposal or Proposals which it deems to be in the best interest of the City, or it may also reject all Proposals. 20. NEGOTIATIONS. Following selection, the City reserves the right to enter into further negotiations with the selected Proposer. Notwithstanding the preceding, the City is in no way obligated to enter into a contract with the selected Proposer in the event the parties are unable to negotiate a contract. It is also understood and acknowledged by Proposers that no property, contract or legal rights of any kind shall be created at any time until and unless an Agreement has been agreed to; approved by the City; and executed by the parties. RFQ 2016-057-WG 6 ® MIAMI BEACH 21. Postponement/Cancellation/Acceptance/Rejection. The City may, at its sole and absolute discretion, reject any and all, or parts of any and all, responses; re-advertise this RFQ; postpone or cancel, at any time, this RFQ process; or waive any irregularities.in this RFQ, or in any responses received as a result of this RFQ. Reasonable efforts will be made to either award the proposer the contract or reject all proposals within one-hundred twenty(120) calendar days after proposal opening date. A proposer may withdraw its proposal after expiration of one hundred twenty (120) calendar days from the date of proposal opening by delivering written notice of withdrawal to the Department of Procurement Management prior to award of the contract by the City Commission. 22. PROPOSER'S RESPONSIBILITY. Before submitting a response, each Proposer shall be solely responsible for making any and all investigations, evaluations, and examinations, as it deems necessary, to ascertain all conditions and requirements affecting the full performance of the contract. Ignorance of such conditions and requirements, and/or failure to make such evaluations, investigations, and examinations, will not relieve the Proposer from any obligation to comply with every detail and with all provisions and requirements of the contract, and will not be accepted as a basis for any subsequent claim whatsoever for any monetary consideration on the part of the Proposer. 23. COSTS INCURRED BY PROPOSERS.All expenses involved with the preparation and submission of Proposals, or any work performed in connection therewith, shall be the sole responsibility (and shall be at the sole cost and expense) of the Proposer, and shall not be reimbursed by the City. 24. RELATIONSHIP TO THE CITY. It is the intent of the City, and Proposers hereby acknowledge and agree, that the successful Proposer is considered to be an independent contractor, and that neither the Proposer, nor the Proposer's employees, agents, and/or contractors, shall, under any circumstances, be considered employees or agents of the City. 24. OCCUPATIONAL HEALTH AND SAFETY. In compliance with Chapter 442, Florida Statutes, any toxic substance listed in Section 38F-41.03 of the Florida Administrative Code delivered as a result of this proposal must be accompanied by a Material Safety Data Sheet(MSDS)which may be obtained from the manufacturer. 25. ENVIRONMENTAL REGULATIONS. The City reserves the right to consider a proposer's history of citations and/or violations of environmental regulations in investigating a proposer's responsibility, and further reserves the right to declare a proposer not responsible if the history of violations warrant such determination in the opinion of the City. Proposer shall submit with its proposal, a complete history of all citations and/or violations, notices and dispositions thereof. The non-submission of any such documentation shall be deemed to be an affirmation by the Proposer that there are no citations or violations. Proposer shall notify the City immediately of notice of any citation or violation which proposer may receive after the proposal opening date and during the time of performance of any contract awarded to it. 26.TAXES. The City of Miami Beach is exempt from all Federal Excise and State taxes. 27. MISTAKES. Proposers are expected to examine the terms, conditions, specifications, delivery schedules, proposed pricing, and all instructions pertaining to the goods and services relative to this RFQ. Failure to do so will be at the Proposer's risk and may result in the Proposal being non-responsive. 28. PAYMENT. Payment will be made by the City after the goods or services have been received, inspected, and found to comply with contract, specifications, free of damage or defect, and are properly invoiced. Invoices must be consistent with Purchase Order format. RFQ 2016-057-WG 7 MIAMI BEACH 29. COPYRIGHT, PATENTS & ROYALTIES. Proposer shall indemnify and save harmless the City of Miami Beach, Florida, and its officers, employees, contractors, and/or agents, from liability of any nature or kind, including cost and expenses for, or on account of, any copyrighted, patented, or unpatented invention, process, or article manufactured or used in the performance of the contract, including its use by the City of Miami Beach, Florida. If the Proposer uses any design, device or materials covered by letters, patent, or copyright, it is mutually understood and agreed, without exception, that the proposal prices shall include all royalties or cost arising from the use of such design, device, or materials in any way involved in the work. 30. DEFAULT: Failure or refusal of the selected Proposer to execute a contract following approval of such contract by the City Commission, or untimely withdrawal of a response before such award is made and approved, may result in a claim for damages by the City and may be grounds for removing the Proposer from the City's vendor list. 31. MANNER OF PERFORMANCE. Proposer agrees to perform its duties and obligations in a professional manner and in accordance with all applicable Local, State, County, and Federal laws, rules, regulations and codes. Lack of knowledge or ignorance by the Proposer with/of applicable laws will in no way be a cause for relief from responsibility. Proposer agrees that the services provided shall be provided by employees that are educated, trained, experienced, certified, and licensed in all areas encompassed within their designated duties. Proposer agrees to furnish to the City any and all documentation, certification, authorization, license, permit, or registration currently required by applicable laws, rules, and regulations. Proposer further certifies that it and its employees will keep all licenses, permits, registrations, authorizations, or certifications required by applicable laws or regulations in full force and effect during the term of this contract. Failure of Proposer to comply with this paragraph shall constitute a material breach of this contract. Where contractor is required to enter or go on to City of Miami Beach property to deliver materials or perform work or services as a result of any contract resulting from this solicitation, the contractor will assume the full duty, obligation and expense of obtaining all necessary licenses, permits, and insurance, and assure all work complies with all applicable laws. The contractor shall be liable for any damages or loss to the City occasioned by negligence of the Proposer, or its officers, employees, contractors, and/or agents, for failure to comply with applicable laws. 32. SPECIAL CONDITIONS. Any and all Special Conditions that may vary from these General Terms and Conditions shall have precedence. 33. NON-DISCRIMINATION. The Proposer certifies that it is in compliance with the non-discrimination clause contained in Section 202, Executive Order 11246, as amended by Executive Order 11375, relative to equal employment opportunity for all persons without regard to race, color, religion, sex or national origin. In accordance with the City's Human Rights Ordinance, codified in Chapter 62 of the City Code, Proposer shall prohibit(and cause hotel operator to prohibit) discrimination by reason of race, color, national origin, religion, sex, intersexuality, gender identity, sexual orientation, marital and familial status, and age or disability in the sale, lease, use or occupancy of the Hotel Project or any portion thereof. 34. DEMONSTRATION OF COMPETENCY. The city may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience) in making an award that is in the best interest of the City, including: A. Pre-award inspection of the Proposer's facility may be made prior to the award of contract. B. Proposals will only be considered from firms which are regularly engaged in the business of providing the goods and/or services as described in this solicitation. C. Proposers must be able to demonstrate a good record of performance for a reasonable period of time, and have sufficient financial capacity, equipment, and organization to ensure that they can satisfactorily perform the services if awarded a contract under the terms and conditions of this solicitation. RFQ 2016-057-WG 8 m MIAMI BEACH D. The terms "equipment and organization", as used herein shall, be construed to mean a fully equipped and well established company in line with the best business practices in the industry, and as determined by the City of Miami Beach. E. The City may consider any evidence available regarding the financial, technical, and other qualifications and abilities of a Proposer, including past performance (experience), in making an award that is in the best interest of the City. F. The City may require Proposer s to show proof that they have been designated as authorized representatives of a manufacturer or supplier, which is the actual source of supply. In these instances, the City may also require material information from the source of supply regarding the quality, packaging, and characteristics of the products to be supply to the City. 35. ASSIGNMENT. The successful Proposer shall not assign; transfer, convey, sublet or otherwise dispose of the contract, including any or all of its right, title or interest therein, or his/her or its power to execute such contract, to any person, company or corporation, without the prior written consent of the City. 36. LAWS, PERMITS AND REGULATIONS. The Proposer shall obtain and pay for all licenses, permits, and inspection fees required to complete the work and shall comply with all applicable laws. 37. OPTIONAL CONTRACT USAGE. When the successful Proposer (s) is in agreement, other units of government or non-profit agencies may participate in purchases pursuant to the award of this contract at the option of the unit of government or non-profit agency. 38. VOLUME OF WORK TO BE RECEIVED BY CONTRACTOR. It is the intent of the City to purchase the goods and services specifically listed in this solicitation from the contractor. However, the City reserves the right to purchase any goods or services awarded from state or other governmental contract, or on an as-needed basis through the City's spot market purchase provisions. 39. DISPUTES. In the event of a conflict between the documents, the order of priority of the documents shall be as follows: A. Any contract or agreement resulting from the award of this solicitation; then B. Addendum issued for this solicitation, with the latest Addendum taking precedence; then C. The solicitation; then D. The Proposer's proposal in response to the solicitation. 40. INDEMNIFICATION. The Proposer shall indemnify and hold harmless the City and its officers, employees, agents and instrumentalities from any and all liability, losses or damages, including attorney's fees and costs of defense, which the City or its officers, employees, agents or instrumentalities may incur as a result of claims, demands, suits, causes of actions or proceedings of any kind or nature arising out of, relating to or resulting from the performance of the agreement by the contractor or its employees, agents, servants, partners, principals or subcontractors. The contractor shall pay all claims and losses in connection therewith, and shall investigate and defend all claims, suits or actions of any kind or nature in the name of the City, where applicable, including appellate proceedings, and shall pay all costs, judgments, and attorney's fees which may be incurred thereon. The Proposer expressly understands and agrees that any insurance protection required by this Agreement or otherwise provided by the contractor shall in no way limit the responsibility to indemnify, keep and save harmless and defend the City or its officers, employees, agents and instrumentalities as herein provided. The above indemnification provisions shall survive the expiration or termination of this Agreement. RFQ 2016-057-WG 9 ® MIAMIBEACH 41. CONTRACT EXTENSION. The City reserves the right to require the Contractor to extend contract past the stated termination date for a period of up to 120 days in the event that a subsequent contract has not yet been awarded. Additional extensions past the 120 days may occur as needed by the City and as mutually agreed upon by the City and the contractor. 42. FLORIDA PUBLIC RECORDS LAW. Proposers are hereby notified that all Bid including, without limitation, any and all information and documentation submitted therewith, are exempt from public records requirements under Section 119.07(1), Florida Statutes, and s. 24(a), Art. 1 of the State Constitution until such time as the City provides notice of an intended decision or until thirty (30) days after opening of the proposals, whichever is earlier. Additionally, Contractor agrees to be in full compliance with Florida Statute 119.0701 including, but not limited to, agreement to (a) Keep and maintain public records that ordinarily and necessarily would be required by the public agency in order to perform the services; (b) provide the public with access to public records on the same terms and conditions that the public agency would provide the records and at a cost that does not exceed the cost provided in this chapter or as otherwise provided by law; (c) Ensure that public records that are exempt or confidential and exempt from public records disclosure requirements are not disclosed except as authorized by law; (d) Meet all requirements for retaining public records and transfer, at no cost, to the public agency all public records in possession of the contractor upon termination of the contract and destroy any duplicate public records that are exempt or confidential and exempt from public records disclosure requirements. All records stored electronically must be provided to the public agency in a format that is compatible with the information technology systems of the public agency. 43.OBSERVANCE OF LAWS. Proposers are expected to be familiar with, and comply with, all Federal, State, County, and City laws, ordinances, codes, rules and regulations, and all orders and decrees of bodies or tribunals having jurisdiction or authority which, in any manner, may affect the scope of services and/or project contemplated by this RFQ (including, without limitation, the Americans with Disabilities Act, Title VII of the Civil Rights Act, the EEOC Uniform Guidelines, and all EEO regulations and guidelines). Ignorance of the law(s) on the part of the Proposer will in no way relieve it from responsibility for compliance. 44. CONFLICT OF INTEREST. All Proposers must disclose, in their Proposal, the name(s) of any officer, director, agent, or immediate family member(spouse, parent, sibling, and child)who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. 45. MODIFICATION/WITHDRAWALS OF PROPOSALS. A Proposer may submit a modified Proposal to replace all or any portion of a previously submitted Proposal up until the Proposal due date and time. Modifications received after the Proposal due date and time will not be considered. Proposals shall be irrevocable until contract award unless withdrawn in writing prior to the Proposal due date, or after expiration of 120 calendar days from the opening of Proposals without a contract award. Letters of withdrawal received after the Proposal due date and before said expiration date, and letters of withdrawal received after contract award will not be considered. 47. EXCEPTIONS TO RFQ. Proposers must clearly indicate any exceptions they wish to take to any of the terms in this RFQ, and outline what, if any, alternative is being offered. All exceptions and alternatives shall be included and clearly delineated, in writing, in the Proposal. The City, at its sole and absolute discretion, may accept or reject any or all exceptions and alternatives. In cases in which exceptions and alternatives are rejected, the City shall require the Proposer to comply with the particular term and/or condition of the RFQ to which Proposer took exception to (as said term and/or condition was originally set forth on the RFQ). 10 ® MIAMIBEACH 48. ACCEPTANCE OF GIFTS, FAVORS, SERVICES. Proposers shall not offer any gratuities, favors, or anything of monetary value to any official, employee, or agent of the City, for the purpose of influencing consideration of this Proposal. Pursuant to Sec. 2-449 of the City Code, no officer or employee of the City shall accept any gift, favor or service that might reasonably tend improperly to influence him in the discharge of his official duties. 49. SUPPLEMENTAL INFORMATION. City reserves the right to request supplemental information from Proposers at any time during the RFQ solicitation process. 50. ADDITIONAL SERVICES. Although this solicitation and resultant contract identifies specific goods, services or facilities ("items"), it is hereby agreed and understood that the City, through the approval of the Department and Procurement Directors (for additional items up to $50,000) or the City Manager (for additional items greater than $50,000), may require additional items to be added to the Contract which are required to complete the work. When additional items are required to be added to the Contract, awarded vendor(s), as applicable to the item being requested, under this contract may be invited to submit price quote(s) for these additional requirements. If,these quote(s) are determined to be fair and reasonable, then the additional work will be awarded to the current contract vendor(s) that offers the lowest acceptable pricing. The additional items shall be added to this contract by through a Purchase Order(or Change Order if Purchase Order already exists). In some cases, the City may deem it necessary to add additional items through a formal amendment to the Contract, to be approved by the City Manager. The City may determine to obtain price quotes for the additional items from other vendors in the event that fair and reasonable pricing is not obtained from the current contract vendors, or for other reasons at the City's discretion. Balance of Page Intentionally Left Blank RFQ 2016-057-WG 11 MIAMI BEACH SECTION 0300 SUBMITTAL INSTRUCTIONS AND FORMAT 1. SEALED RESPONSES. One original Statement of Qualifications (preferably in 3-ring binder) must be submitted in an opaque, sealed envelope or container on or before the due date established for the receipt of proposals. Additionally, ten (10) bound copies and one (1) electronic format (CD or USB format) are to be submitted. The following information should be clearly marked on the face of the envelope or container in which the proposal is submitted: solicitation number, solicitation title, proposer name, proposer return address. Statement of Qualifications received electronically, either through email or facsimile, are not acceptable and will be rejected. 2. LATE BIDS. Statement of Qualifications are to be received on or before the due date established herein for the receipt of Bids. Any Bid received after the deadline established for receipt of Statement of Qualifications will be considered late and not be accepted or will be returned to proposer unopened. The City does not accept responsibility for any delays, natural or otherwise. 3. STATEMENTS OF QUALIFICATIONS FORMAT. In order to maintain comparability, facilitate the review process and assist the Evaluation Committee in review of Statement of Qualifications, it is strongly recommended that Statement of Qualifications be organized and tabbed in accordance with the sections and manner specified below. Hard copy submittal should be tabbed as enumerated below and contain a table of contents with page references. Electronic copies should also be tabbed and contain a table of contents with page references. Statement of Qualifications that do not include the required information will be deemed non-responsive and will not be considered. TAB:1 Cover Letter& Minimum Qualifications Requirements 1.1 Cover Letter and Table of Contents. The cover letter must indicate Proposer and Proposer Primary Contact for the purposes of this solicitation. 1.2 Response Certification, Questionnaire & Requirements Affidavit (Appendix A). Attach Appendix A fully completed and executed. 1.3 Minimum Qualifications Requirements. Submit verifiable information documenting compliance with the minimum qualifications requirements established in Appendix C, Minimum Requirements and Specifications. TAB 2 Experience&Qualifications 2.1 Qualifications of Proposing Firm. Submit detailed information regarding the firm's history and relevant experience and proven track record of providing the scope of services similar as identified in this solicitation, including experience in providing similar scope of services to public sector agencies. 2.2 References. Submit at least three (3) references as evidence of similar experience. For each reference, the following is required: project/scope of work description, agency name, agency contact, contact telephone & email, and year(s)and term of engagement. 2.3 Qualifications of Proposer Team. Provide an organizational chart of all personnel and consultants to be used for this project if awarded, the role that each team member will play in providing the services detailed herein and each team members'qualifications.At a minimum, the following key individuals are required: • Project Manager (who shall comply with the licensing requirements pursuant to Section 493.6201, Florida Statutes) • Private Investigator(s) (who shall comply with the licensing requirements pursuant to Section 493.6201, Florida Statutes) A resume of each key individual, including licensure, education,experience,and any other pertinent information, shall be included for each respondent team member to be assigned to this contract. RFQ 2016-057-WG 12 CI MIAMI BEACH 2.3 Financial Capacity. Upon request of the City, each proposer shall arrange for Dun& Bradstreet to submit a Supplier Qualification Report (SQR) directly to the Procurement Contact named herein. No proposal will be considered without receipt, by the City, of the SQR directly from Dun & Bradstreet. The cost of the preparation of the SQR shall be the responsibility of the Proposer. The Proposer shall request the SQR report from D&B at: https://supplierportal.dnb.com/webapp/wcs/stores/servlet/SupplierPortal?storeld=11696 Proposals are responsible for the accuracy of the information contained in its SQR. It is highly recommended that each proposer review the information contained in its SQR for accuracy prior to submittal to the City and as early as possible in the solicitation process. For assistance with any portion of the SQR submittal process, contact Dun & Bradstreet at 800-424-2495. Note: After proposal submittal, the City reserves the right to require additional information from Proposer (or proposer team members or sub-consultants) to determine: qualifications (including, but not limited to, litigation history, regulatory action, or additional references); and financial capability (including, but not limited to, annual reviewed/audited financial statements with the auditors notes for each of their last two complete fiscal years). • RFQ 2016-057-WG 13 ILA MIAMI BEACH SECTION 0400 STATEMENTS OF QUALIFICATIONS EVALUATION 1. Evaluation Committee. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the requirements set forth in the solicitation. If further information is desired, Proposals may be requested to make additional written submissions of a clarifying nature or oral presentations to the Evaluation Committee. The evaluation of Statement of Qualifications will proceed in a two-step process as noted below. It is important to note that the Evaluation Committee will score the qualitative portions of the Statement of Qualifications only. The Evaluation Committee does not make an award recommendation to the City Manager. The results of Step 1 &Step 2 Evaluations will be forwarded to the City Manager who will utilize the results to make a recommendation to the City Commission. In the event that only one responsive proposal is received, the City Manager, after determination that the sole responsive proposal materially meets the requirements of the RFP, may, without an evaluation committee, recommend to the City Commission that the Administration enter into negotiations. 2. Step 1 Evaluation. The first step will consist of the qualitative criteria listed below to be considered by the Evaluation Committee. The second step will consist of quantitative criteria established below to be added to the Evaluation Committee results by the Department of Procurement Management. An Evaluation Committee, appointed by the City Manager, shall meet to evaluate each Statement of Qualifications in accordance with the qualifications criteria established below for Step 1, Qualitative Criteria. In doing so, the Evaluation Committee may review and score all proposals received, with or without conducting interview sessions. Step 1 -Qualitative Criteria - Proposals shall be evaluated in accordance with the following evaluation criteria(in no particular order or weight): • Similar project experience • References • Team member qualifications • or Other Factors or Information Re•uested under this RFQ TOTAL AVAILABLE'STEP 1 POINTS 100 3. Step 2 Evaluation. Following the results of Step 1 Evaluation of qualitative criteria, the Proposer may receive additional quantitative criteria points to be added by the Department of Procurement Management to those points earned in Step 1, as follows. Step 2-QuantitativeCriteria Veterans Preference 5 TOTAL AVAILABLE STEP 2 POINTS 5 RFQ 2016-057-WG 14 I® MIAMI BEACH 4. Determination of Final Ranking. At the conclusion of the Evaluation Committee Step 1 scoring, Step 2 Points will be added to each evaluation committee member's scores by the Department of Procurement Management. Step 1 and 2 scores will be converted to rankings in accordance with the example below: • Proposer Proposer Proposer A B C Step 1 Points 82 76 80 Step 2 Points 22 15 12 Committee I Total 104 91 92 I Member 1 I Rank 1 1; 3 ' 2 Step 1 Points 79 85 72 Step 2 Points 22 15 12 Total 101 100 84 Committee] Member 2 I Rank 1 r 1 2 3 Step 1 Points 80 74 66 Step 2 Points 22 15 12 — — Total 102 89 78 Committee j Member 2 ; Rank 1: 2 Low Aggregate,Score 3 7 8 Final'Ranking' 1 2 3 * Final Ranking is presented to the City Manager for further due diligence and recommendation to the City Commission. Final Ranking does not constitute an award recommendation until such time as the City Manager has made his recommendation to the City Commission, which may be different than final ranking results. • • • RFQ 2016-057-WG 15 APPENDIX A -0 MIAMIBEACH Response Certification , Questionnaire & Requirements Affidavit RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS ' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 16 Solicitation No: Solicitation Title: RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters Procurement Contact Tel: Email: William Garviso, CPPB 305 673-7000#6650 williamgarviso @miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE & REQUIREMENTS AFFIDAVIT . Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: No of Years in Business: No of Years in Business Locally: No of Employees OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): CITY: STATE: ZIP CODE: TELEPHONE NO.: TOLL FREE NO.: FAX NO.: FIRM LOCAL ADDRESS: CITY: STATE: ZIP CODE: PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: ACCOUNT REP TELEPHONE NO.: • ACCOUNT REP TOLL FREE NO.: ACCOUNT REP EMAIL: FEDERAL TAX IDENTIFICATION NO.: The City reserves the right to seek additional information from proposer or other source(s), including but not limited to: any firm or principal information, applicable licensure, resumes of relevant individuals,client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. RFQ 2016-057-WG 17 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES NO • SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal government,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose,in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%)percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance.Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an ublic sector agency? YES NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five(5)days upon receipt of request. The Code shall, at a minimum, require the Proposer,to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics, Proposer may submit a statement indicating that it will adopt, as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachf.gov/procurement/. • RFQ 2016-057-WG 18 .,(in a partic lar year) „ • 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks, the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide"Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach,Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note: some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage)you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. RFQ 2016-057-WG 19 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes, as currently enacted or as amended-from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work; may not submit proposals, proposals, or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor,or consultant under a contract with any public entity; and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133,Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by.the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm i Receipt Receipt Receipt Addendum 1 Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. RFQ 201 b-057-WG 20 DISCLOSURE AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the"City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest. In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials, shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations,interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy,or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer, is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors,omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason,or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. RFQ 2016-057-WG 21 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation, all attachments, exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed, or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws; all responses, data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer's Authorized Representative: Signature of Proposer's Authorized Representative: Date: State of ) On this day of ,20_,personally appeared before me who County of ) stated that (s)he is the of , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said • instrument to be its voluntary act and deed. Before me: Notary Public for the State of My Commission Expires: RFQ 2016-057-WG 22 APPENDIX B till MIAMI BEACH " No Bid " Form RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 Note: If is important for those vendors who have received notification of this solicitation but have decided not to respond, to complete and submit the attached "Statement_of No Bid." The "Statement of:No Bid" provides the City with information on how to improve the solicitation process. Failure to submit a "Statement of No Bid" may result in not being notified of future solicitations by the City. RFQ 2016-057-WG 23 Statement of No Bid WE HAVE ELECTED NOT TO SUBMIT A STATEMENTS OF QUALIFICATIONS AT THIS TIME FOR REASON(S) CHECKED AND/OR INDICATED BELOW: _Workload does not allow us to proposal _Insufficient time to respond Specifications unclear or too restrictive Unable to meet specifications _Unable to meet service requirements Unable to meet insurance requirements _Do not offer this product/service _OTHER. (Please specify) We do_do not_want to be retained on your mailing list for future proposals of this type product and/or service. Signature: Title: Legal Company Name: Note: Failure to respond, either by submitting a proposal or this completed form, may result in your company being removed from our vendors list. PLEASE RETURN TO: CITY OF MIAMI BEACH PROCUREMENT DEPARTMENT ATTN: WILLIAM GARVISO, CPPB STATEMENTS OF QUALIFICATIONS #2016-057-WG 1755 MERIDIAN AVENUE MIAMI BEACH, FL 33139 RFQ 2016-057-WG 24 APPENDIX C CI MIAMI BEACH Minimum Requirements Specifications RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 25 Cl. Minimum Eligibility Requirements. The Minimum Eligibility Requirements for this solicitation are listed below. Proposer shall submit, with its proposal, the required submittal(s) documenting compliance with each minimum requirement. Proposers that fail to include the required submittals with its proposal or fail to comply with minimum requirements shall be deemed non-responsive and shall not have its proposal considered. 1. Firm. Proposing Firm shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 2. Private Investigations Manager*. The manager named in Tab 2 shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. 3. Private Investigator(s)*. The private investigator(s) named in Tab 2 shall meet the licensing requirements pursuant to Section 493.6201, Florida Statute. *In the event that all City-related investigations will be handled by a private investigations manager, as defined in Section 493.6201, Florida Statute, the proposal need not include private investigators. C2. Statement of Work Required. The City of Miami Beach is requesting statements of qualifications from licensed, experienced investigative firms for services related to the investigation, background, adjusting and surveillance of selected tort liability claims, workers' compensation claims, and other employment related matters. The successful firm will be required to provide the following services: • Provide surveillance of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Provide activity checks of the claimant for selected tort liability claims, workers' compensation claims, and other employment related matters. • Provide"research and background investigations"of claimants for selected tort liability claims, workers' compensation claims, and other employment related matters • Provide complete investigative and adjusting services for selected tort liability claims. • Provide written reports with appropriate documentation at the conclusion of each assignment to the Human Resources Department/Risk Management Division. RFQ 2016-057-WG 26 APPENDIX D MIAMI BEACH Special C RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER - EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 27 1. TERM OF CONTRACT. The contract shall commence upon the completion of a fully executed agreement and shall be effective for three(3)years. 2. OPTIONS TO RENEW. The City, through its City Manager, will have the option to extend for two (2) additional one-year periods subject to the availability of funds for succeeding fiscal years. Continuation of the contract beyond the initial period is a City prerogative; not a right of the bidder. This prerogative will be exercised only when such continuation is clearly in the best interest of the City. • RFQ 2016-057-WG 28 APPENDIX E 6.1 MIAMI BEACH Insurance Requirements RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-05/-WG 29 let MIAMIBEACH INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability- $ _ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2016-057-WG 30 ATTACHMENT C CONSULTANTS RESPONSE TO THE ( RFQ) Digs INVESTIGATIONS CONTENTS Letter of Introduction 1 Response Certification,Questionnaire&Requirements(Appendix A) 3 Minimum Qualifications Requirements 9 Qualifications of Proposing Firm 22 References 24 Qualifications of Proposer Team 25 L-1) Digi -- z _: INVESTIGATIONS Letter of Introduction City of Miami Beach ATTN:William Garviso,CPPB Attention City of Miami Beach, Let me start by saying thank you for taking the time to review DigiStream Investigations' RFP submission to provide investigative services for the City of Miami Beach.As manager of DigiStream South Florida and authorized representative, I speak for the entire company when I say that we are excited to have this opportunity to enter into a strategic partnership with the City of Miami Beach. DigiStream believes that our position as a market leader in workers compensation and liability investigations makes us a compelling choice for the City's investigative needs. Since DigiStream was established we have always maintained a core client base with cities and public entities;we pride ourselves on providing clients like the County of Los Angeles,the City of Anaheim, the City of Camden,and the City of Clearwater with our suite of investigation services since our inception. Our unique approach to surveillance combined with a full array of innovative investigation solutions has allowed us to provide our clients comprehensive results. When DigiStream was initially established,we became an industry leader by specializing in surveillance and have since expanded upon the suite of investigative services we offer through DigiStream's Intelligence Division.Said division is composed of ten dedicated analysts whose sole responsibility is to assist in the preparation of our specialized desktop investigations,which include social media investigations, hospital sweeps, background investigations, and AOE/COE claims investigations. Additionally, its unique recruiting,testing, and training process ensures the division starts with the most savvy social media users and then trains them in Open Source Intelligence (OSINT) methods,equips them with powerful database and software access, and integrates them into a collaborative team atmosphere.With a 93%success rate in uncovering actionable online content in social media reports, this added investigative element provides field and claims investigators much-needed context and insight on cases being worked. Our synergistic efforts allow DigiStream to provide clients assurance that a comprehensive investigation is completed on each of their assignments and, more importantly, results.Analysis of over 16,000 surveillance days worked between July 2012—March 2014 revealed: • Digistream's surveillance investigators averaged 40.14 minutes per case • Digistream's surveillance investigators averaged 56.9 minutes per case when paired with a social media report • When surveillance was ordered due to specific information discovered in an Intelligence Division social media report, i.e.confirmed attendance at a future event, surveillance investigators obtained 240% more video evidence Additional analysis of Digistream's social media reports also revealed the following: • Research Analysts uncover an average of 8 websites per report • The average page count of Digistream's social media reports is 35 pages • The average age of subjects investigated via social media reports is 48 Page 1 �� Dig St M1V , 'Ino,S We welcome any additional questions which may arise from the RFQ process,and look forward to the opportunity to meet with the entire City of Miami Beach. Warm regards, 1144 bwilq Michael Damast Manager DigiStream Investigations (917)474-8687 • Page 2 Solicitation No: Solicitation Title: RFQ 2016-057-WG Investigation, Background, Adjusting and Surveillance of Selected Tort Liability Claims, Workers' Compensation Claims, and Other Employment Related Matters Procurement Contact: Tel: Email: William Garviso, CPPB 305 673-7000#6650 williamgarviso @miamibeachfl.gov STATEMENTS OF QUALIFICATIONS CERTIFICATION, QUESTIONNAIRE& REQUIREMENTS AFFIDAVIT Purpose: The purpose of this Response Certification, Questionnaire and Requirements Affidavit Form is to inform prospective Proposals of certain solicitation and contractual requirements, and to collect necessary information from Proposals in order that certain portions of responsiveness, responsibility and other determining factors and compliance with requirements may be evaluated. This Statement of Qualifications Certification, Questionnaire and Requirements Affidavit Form is a REQUIRED FORM that must be submitted fully completed and executed. 1. General Proposer Information. FIRM NAME: DigiStream South Florida, Inc. No of Years in Business: No of Years in Business Locally: No of Employees 15 3 111 OTHER NAME(S)PROPOSER HAS OPERATED UNDER IN THE LAST 10 YEARS: FIRM PRIMARY ADDRESS(HEADQUARTERS): 417 Mace Blvd.,J-129 CITY: Davis STATE: CA ZIP CODE: 95618 TELEPHONE NO.: 800-747-4329 TOLL FREE NO.: 800-747-4329 FAX NO.: 800-866-9686 • FIRM LOCAL ADDRESS: 1806 N. Flamingo Rd.,Ste.313 CITY: Pembroke Pines STATE: ZIP CODE: FL 33028 PRIMARY ACCOUNT REPRESENTATIVE FOR THIS ENGAGEMENT: Michael Damast ACCOUNT REP TELEPHONE NO.: 800-747-4329 ACCOUNT REP TOLL FREE NO.: 800-747-4329 ACCOUNT REP EMAIL: mdamast @digistream.com FEDERAL TAX IDENTIFICATION NO.: 27-1651953 The City reserves the right to seek additional information from proposer or other source(s), including but not limited to:any firm or principal information,applicable licensure, resumes of relevant individuals, client information, financial information, or any information the City deems necessary to evaluate the capacity of the proposer to perform in accordance with contract requirements. Page 3 1. Veteran Owned Business.Is Pro oser claiming a veteran owned business status? YES x NO SUBMITTAL REQUIREMENT: Proposers claiming veteran owned business status shall submit a documentation proving that firm is certified as a veteran-owned business or a service-disabled veteran owned business by the State of Florida or United States federal govemment,as required pursuant to ordinance 2011-3748. 2. Conflict Of Interest.All Proposers must disclose, in their Proposal,the name(s)of any officer,director,agent,or immediate family member (spouse, parent, sibling, and child) who is also an employee of the City of Miami Beach. Further, all Proposers must disclose the name of any City employee who owns, either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates. SUBMITTAL REQUIREMENT: Proposers must disclose the name(s) of any officer, director, agent, or immediate family member (spouse,parent,sibling,and child)who is also an employee of the City of Miami Beach. Proposers must also disclose the name of any City employee who owns,either directly or indirectly, an interest of ten (10%) percent or more in the Proposer entity or any of its affiliates 3. References&Past Performance. Proposer shall submit at least three(3)references for whom the Proposer has completed work similar in size and nature as the work referenced in solicitation. SUBMITTAL REQUIREMENT: For each reference submitted, the following information is required: 1) Firm Name, 2) Contact Individual Name&Title,3)Address,4)Telephone,5)Contact's Email and 6)Narrative on Scope of Services Provided. 4. Suspension,Debarment or Contract Cancellation.Has Proposer ever been debarred,suspended or other legal violation,or had a contract cancelled due to non- erformance by an .ublic sector agency? YES x NO SUBMITTAL REQUIREMENT: If answer to above is "YES," Proposer shall submit a statement detailing the reasons that led to action(s). 5. Vendor Campaign Contributions. Proposers are expected to be or become familiar with, the City's Campaign Finance Reform laws, as codified in Sections 2-487 through 2-490 of the City Code. Proposers shall be solely responsible for ensuring that all applicable provisions of the City's Campaign Finance Reform laws are complied with,and shall be subject to any and all sanctions, as prescribed therein,including disqualification of their Proposals,in the event of such non-compliance. SUBMITTAL REQUIREMENT: Submit the names of all individuals or entities (including your sub-consultants) with a controlling financial interest as defined in solicitation. For each individual or entity with a controlling financial interest indicate whether or not each individual or entity has contributed to the campaign either directly or indirectly, of a candidate who has been elected to the office of Mayor or City Commissioner for the City of Miami Beach. • 6. Code of Business Ethics. Pursuant to City Resolution No.2000-23879, each person or entity that seeks to do business with the City shall adopt a Code of Business Ethics("Code")and submit that Code to the Department of Procurement Management with its proposal/response or within five (5) days upon receipt of request. The Code shall, at a minimum, require the Proposer, to comply with all applicable governmental rules and regulations including, among others, the conflict of interest, lobbying and ethics provision of the City of Miami Beach and Miami Dade County. SUBMITTAL REQUIREMENT: Proposer shall submit firm's Code of Business Ethics. In lieu of submitting Code of Business Ethics,Proposer may submit a statement indicating that it will adopt,as required in the ordinance,the City of Miami Beach Code of Ethics,available at www.miamibeachfl.gov/procurementl. -yam 18 Page 4 7. Living Wage. Pursuant to Section 2 908 of the Miami Beach City Code, as same may be amended from time to time, Proposers • Commencing with City fiscal year 2012 13(October 1,2012),the hourly living rate will be$11.28/hr with health The living wage rate and health care benefits rate may, by Resolution of the City Commission be indexed annually for inflation using the Consumer Price Index for all Urban Consumers(CPI U) MiamilFt. Lauderdale, issued by tho U.S.Department of Labor's Bureau of Labor Statistics. Notwithstanding the preceding,no annual index shall exceed three percent(3%).The City may also,by resolution, elect not to index the living wage rate in any particular year, if it determines it would not be fiscally sound to implement same(in a particular year). Proposers'failure to comply with this provision shall be deemed a material breach under this proposal, under which the City may, 8. Equal Benefits for Employees with Spouses and Employees with Domestic Partners.When awarding competitively solicited contracts valued at over$100,000 whose contractors maintain 51 or more full time employees on their payrolls during 20 or more calendar work weeks,the Equal Benefits for Domestic Partners Ordinance 2005-3494 requires certain contractors doing business with the City of Miami Beach, who are awarded a contract pursuant to competitive proposals, to provide "Equal Benefits"to their employees with domestic partners, as they provide to employees with spouses. The Ordinance applies to all employees of a Contractor who work within the City limits of the City of Miami Beach, Florida;and the Contractor's employees located in the United States, but outside of the City of Miami Beach limits, who are directly performing work on the contract within the City of Miami Beach. A. Does your company provide or offer access to any benefits to employees with spouses or to spouses of employees? YES x NO B. Does your company provide or offer access to any benefits to employees with(same or opposite sex)domestic partners*or to domestic partners of employees? YES x NO C. Please check all benefits that apply to your answers above and list in the "other" section any additional benefits not already specified. Note:some benefits are provided to employees because they have a spouse or domestic partner, such as bereavement leave;other benefits are provided directly to the spouse or domestic partner,such as medical insurance. BENEFIT Firm Provides for Firm Provides for Firm does not Employees with Employees with Provide Benefit Spouses Domestic Partners Health Sick Leave Family Medical Leave Bereavement Leave If Proposer cannot offer a benefit to domestic partners because of reasons outside your control, (e.g., there are no insurance providers in your area willing to offer domestic partner coverage) you may be eligible for Reasonable Measures compliance. To comply on this basis, you must agree to pay a cash equivalent and submit a completed Reasonable Measures Application (attached)with all necessary documentation.Your Reasonable Measures Application will be reviewed for consideration by the City Manager, or his designee. Approval is not guaranteed and the City Manager's decision is final. Further information on the Equal Benefits requirement is available at www.miamibeachfl.gov/procurement/. • 4 • • 19 Page 5 9. Public Entity Crimes.Section 287.133(2)(a),Florida Statutes,as currently enacted or as amended from time to time,states that a person or affiliate who has been placed on the convicted vendor list following a conviction for a public entity crime may not submit a proposal, proposal, or reply on a contract to provide any goods or services to a public entity; may not submit a proposal, proposal,or reply on a contract with a public entity for the construction or repair of a public building or public work;may not submit proposals, proposals,or replies on leases of real property to a public entity; may not be awarded or perform work as a contractor, supplier, subcontractor, or consultant under a contract with any public entity;and may not transact business with any public entity in excess of the threshold amount provided in s. 287.017 for CATEGORY TWO for a period of 36 months following the date of being placed on the convicted vendor list. SUBMITTAL REQUIREMENT: No additional submittal is required. By virtue of executing this affidavit document, Proposer agrees with the requirements of Section 287.133, Florida Statutes,and certifies it has not been placed on convicted vendor list. 10. Acknowledgement of Addendum. After issuance of solicitation, the City may release one or more addendum to the solicitation which may provide additional information to Proposers or alter solicitation requirements. The City will strive to reach every Proposer having received solicitation through the City's e-procurement system, PublicPurchase.com. However, Proposers are solely responsible for assuring they have received any and all addendum issued pursuant to solicitation.This Acknowledgement of Addendum section certifies that the Proposer has received all addendum released by the City pursuant to this solicitation. Failure to obtain and acknowledge receipt of all addendum may result in proposal disqualification. Initial to Confirm Initial to Confirm Initial to Confirm Receipt Receipt Receipt Addendum 1 . Addendum 6 Addendum 11 Addendum 2 Addendum 7 Addendum 12 Addendum 3 Addendum 8 Addendum 13 Addendum 4 Addendum 9 Addendum 14 Addendum 5 Addendum 10 Addendum 15 If additional confirmation of addendum is required,submit under separate cover. R 2016-07-WG 20 Page 6 DISCLOSURE.AND DISCLAIMER SECTION The solicitation referenced herein is being furnished to the recipient by the City of Miami Beach (the "City")for the recipient's convenience. Any action taken by the City in response to Statement of Qualifications made pursuant to this solicitation,or in making any award,or in failing or refusing to make any award pursuant to such Statement of Qualifications, or in cancelling awards, or in withdrawing or cancelling this solicitation,either before or after issuance of an award,shall be without any liability or obligation on the part of the City. In its sole discretion, the City may withdraw the solicitation either before or after receiving Statement of Qualifications, may accept or reject Statement of Qualifications,and may accept Statement of Qualifications which deviate from the solicitation,as it deems appropriate and in its best interest.In its sole discretion,the City may determine the qualifications and acceptability of any party or parties submitting Statement of Qualifications in response to this solicitation. Following submission of Statement of Qualifications, the applicant agrees to deliver such further details, information and assurances, including financial and disclosure data, relating to the Statement of Qualifications and the applicant including, without limitation, the applicant's affiliates,officers,directors,shareholders,partners and employees,as requested by the City in its discretion. The information contained herein is provided solely for the convenience of prospective Proposals. It is the responsibility of the recipient to assure itself that information contained herein is accurate and complete.The City does not provide any assurances as to the accuracy of any information in this solicitation. Any reliance on these contents,or on any permitted communications with City officials,shall be at the recipient's own risk. Proposals should rely exclusively on their own investigations, interpretations, and analyses.The solicitation is being provided by the City without any warranty or representation, express or implied, as to its content, its accuracy, or its completeness. No warranty or representation is made by the City or its agents that any Statement of Qualifications conforming to these requirements will be selected for consideration, negotiation, or approval. The City shall have no obligation or liability with respect to this solicitation,the selection and the award process,or whether any award will be made.Any recipient of this solicitation who responds hereto fully acknowledges all the provisions of this Disclosure and Disclaimer,is totally relying on this Disclosure and Disclaimer,and agrees to be bound by the terms hereof.Any Statement of Qualifications submitted to the City pursuant to this solicitation are submitted at the sole risk and responsibility of the party submitting such Statement of Qualifications. This solicitation is made subject to correction of errors, omissions,or withdrawal from the market without notice. Information is for guidance only,and does not constitute all or any part of an agreement. The City and all Proposals will be bound only as, if and when a Statement of Qualifications, as same may be modified, and the applicable definitive agreements pertaining thereto, are approved and executed by the parties, and then only pursuant to the terms of the definitive agreements executed among the parties.Any response to this solicitation may be accepted or rejected by the City for any reason, or for no reason,without any resultant liability to the City. The City is governed by the Government-in-the-Sunshine Law, and all Statement of Qualifications and supporting documents shall be subject to disclosure as required by such law. All Statement of Qualifications shall be submitted in sealed proposal form and shall remain confidential to the extent permitted by Florida Statutes, until the date and time selected for opening the responses. At that time, all documents received by the City shall become public records. Proposals are expected to make all disclosures and declarations as requested in this solicitation. By submission of a Statement of Qualifications,the Proposer acknowledges and agrees that the City has the right to make any inquiry or investigation it deems appropriate to substantiate or supplement information contained in the Statement of Qualifications, and authorizes the release to the City of any and all information sought in such inquiry or investigation. Each Proposer certifies that the information contained in the Statement of Qualifications is true,accurate and complete,to the best of its knowledge,information,and belief. Notwithstanding the foregoing or anything contained in the solicitation,all Proposals agree that in the event of a final unappealable judgment by a court of competent jurisdiction which imposes on the City any liability arising out of this solicitation, or any response thereto, or any action or inaction by the City with respect thereto, such liability shall be limited to$10,000.00 as agreed-upon and liquidated damages.The previous sentence, however, shall not be construed to circumvent any of the other provisions of this Disclosure and Disclaimer which imposes no liability on the City. In the event of any differences in language between this Disclosure and Disclaimer and the balance of the solicitation, it is understood that the provisions of this Disclosure and Disclaimer shall always govern. The solicitation and any disputes arising from the solicitation shall be governed by and construed in accordance with the laws of the State of Florida. l► ..�i .-0 21 Page 7 PROPOSER CERTIFICATION I hereby certify that: I, as an authorized agent of the Proposer , am submitting the following information as my firm's proposal; Proposer agrees to complete and unconditional acceptance of the terms and conditions of this document, inclusive of this solicitation,all attachments,exhibits and appendices and the contents of any Addenda released hereto, and the Disclosure and Disclaimer Statement; proposer agrees to be bound to any and all specifications, terms and conditions contained in the solicitation, and any released Addenda and understand that the following are requirements of this solicitation and failure to comply will result in disqualification of proposal submitted; Proposer has not divulged, discussed,or compared the proposal with other Proposals and has not colluded with any other proposer or party to any other proposal; proposer acknowledges that all information contained herein is part of the public domain as defined by the State of Florida Sunshine and Public Records Laws;all responses,data and information contained in this proposal, inclusive of the Statement of Qualifications Certification, Questionnaire and Requirements Affidavit are true and accurate. Name of Proposer's Authorized Representative: Title of Proposer'a Authorized Representative: Michael Damast General Manager Signature of Proposer's Authorized Representative: Date: 1)-"1"( 31 (1o (I �D State of r L ) On this day of E' ,20111persona�lly appeared before me PPl(th(i(I Ylgyho County of EYOUbilid ) stated that (s)he is the gtlnlJtl] nyirrof ofTi()istrinm °WL , a corporation, and that the instrument was signed in behalf of the said corporation by authority of its board of directors and acknowledged said instrument to be its voluntary act and deed. Before me: j , Notary Public for the State of F L C My Commission Expires: ] 27 2O ] . KRISTINA FRISARO = ~ 7`= MY COMMISSION NFF23747 EXPIRES:April 22,2019 e....tV Bonded Tent;Jctary Put&Underwriters 22 Page 8 ` en rr-4,,,,,i.:,: C1C) : CU / ,-..-,,,,n,,,..0:-.. -. 4.1 ..tt U "''7,',e-..] LTJ ( | . ! P^Vglr'-. i..i 7 z z a)w ,i-,.14::4 t,,,-;.;::-,),.:;tr. 0 < u (i) < ciE- ,,,,;;;;;;;;;;:ii:„, r, :, c. M N ',. .:;.1-,:,-" ,,-„K::'''...,,,'_.,,:,.'_,,i1,,,,,1 111 ,[.,,,,, Z, -.....r4 0 (.;:c,) 0 w > ,. ... . . ` —'— - — ------- --- — Page S-------- Dig iIN`/ IGAISONS Minimum Qualifications Requirements Private Investigations Manager . . ' ' PRiVATE i RLICENSE' .- .3-.-.+,.+',.mod _,._ .� -.w, .. .. '�...V ,� - _ ..,,-%. -:=. 3: j-F d 0 =DAB , 't•-r )4 .:A.. , lo 7;t �' ' t ,,..-/ e� L :. ot ' as ,' '- y ., 'T .- 44 , ' F `g 010' m . ° f 4 statutes- . in=cot A ' 464 A H. PUTNAM COMittiSSIONER Page 10 Digitr „ ` Minimum Qualifications Requirements Private Investigator li . AT INTERN LICENSE STATE ` w } C 0325 { v ' Q.vim ..t _ = _?A _ 4f.r i f; g . . "'C.,.�J� Y s LS k .$"§,r,- t. pp. j a m '','''.°`' " is I.,mw. v OrA C ;_'f ' . Of Ucedsing ADAM H. P NAM COMMISSIONER s J Page 11 DigiStrearn INVESTIGATIONS Qualifications of Proposing Firm DigiStream Investigations has been an employee-owned, privately-held company since its founding in 2001.The Company has grown from one office based in Northern California to 12 independently operated affiliate offices nationwide with the entire operation totaling approximately 150 employees. DigiStream is driven by the concept of employee equity,ensuring that each employee or manager has the opportunity to become a shareholder in DigiStream. DigiStream has found this produces and retains the best talent in the industry as well as ensure superior investigations since local owners have a meaningful stake in the satisfaction of their clients. DigiStream has never acquired, nor merged with, any company and is free of funding from outside capital. As stated in this response's cover letter,the company started as a specialized surveillance firm dedicated to both manned and unmanned surveillance and diversified into recorded statements (AOE/COE), background and social media investigations, medical sweeps and other non-traditional investigations.This evolution led to the creation of DigiStream's Intelligence Division, which was founded in 2010 and is concentrated on the investigation of fraud through comprehensive social media and background investigations. DigiStream has investigated tens of thousands of cases involving forms of suspected fraud potentially encountered by the City of Miami Beach.A large percentage of work has been concentrated in the areas of workers' compensation defense as well as personal injury and auto liability defense.The firm's leveraging of intelligence on claimants and plaintiffs, collected by office-based Research Analysts, by investigators in the field epitomizes DigiStream's investigative methodology.That synergy, between DigiStream's Intelligence Division and field investigations, underlies the company's capabilities to perform investigations to the City's requirements. Every file received by DigiStream is examined at no additional cost by an Intelligence Liaison for industry-standard red flags.These Red Flag Analyses(RFAs) concentrate on giving context to the City and DigiStream regarding a claimant or plaintiff with focuses on financial distress, secondary employment, social media activity, "Monday-morning injuries", pre-existing medical conditions, litigation history, criminal records, and more.These RFAs are completed internally on each referral and sent to clients if and when red flags emerge,which assists in painting a broad picture of the individual under investigation. Medical sweeps, criminal/civil record retrievals, and social media investigations may be posited in RFAs as viable and largely cost-effective investigative options.Additionally,they serve as a platform for discussing other investigative approaches the City may see value in as implementation of multiple services only increases the efficacy of an overall investigation. Once the scope of an investigation is established, all relevant documents—including but not limited to written statements of witnesses; reports written by complainants, supervisors, managers,and other persons; all applicable City policies,code of ethics, departmental policies, and other written policies and manuals; other items of evidence—could be obtained with necessary interviews and additional investigative measures conducted. In regards to interviews of the subject and witnesses,the aforementioned context and clarity provided by RFAs and the additional services they recommend—i.e. social media and background report, medical sweep,or records retrieval—would greatly assist in assessing the credibility of subjects questioned.Said additional services may yield information that prompts additional interviews and the collection of other relevant documents previously unknown to be significant. Page 12 �) DigiStream INVESTIGATIONS The ultimate goal of any investigation conducted by DigiStream is to supply the City with relevant information through all legal and ethical means available—i.e.obtain evidence surrounding an incident through in-person statements, witness interviews,social media, background records, medical sweeps, etc.—and report that information in an objective, concise tone.All content provided should then aid the City in determining the validity of a claim and potentially assist in the prevention of similar incidents occurring in the future. Finally, should specific suspicions or objectives be highlighted by the City prior to an investigation, DigiStream will ensure suspicions are confirmed or refuted through evidence obtained and case objectives are met. As stated earlier, DigiStream's field experience involves a wide variety of case-types potentially encountered by the City of Miami Beach,which includes but is not limited to: • Workers'compensation • Personal Injury • Automobile no fault(Personal Injury Protection) • Employee sick leave and short-term disability programs • Property damage claims For any and all case-types requiring surveillance, DigiStream operates a fleet of company-owned, GPS- tracked surveillance vehicles and provides all investigators with equipment in order to ensure the highest quality equipment is used.A list of standard issued equipment for every surveillance investigator is listed below: -Surveillance vehicle (SUV or minivan) -Binoculars -Laptop computer -RFID Toll tags -Broadband internet card -DVD burner -High definition video camera -Fuel and fleet maintenance cards -Miniature covert cameras -Login to company case management -A/V upload hardware system -Garmin GPS -Tripod A list of standard issued equipment for every claims investigator is listed below: -Digital audio recorder -Login to company case management -Laptop computer system -Broadband internet card -Proprietary investigative interview -Digital camera guides -High-definition video camera -Pain & Limitations Surveys -Fuel and fleet maintenance cards -HIPAA release forms -Life Stress Inventory forms(for psyche claims) Page 13 Dig iStreara INVESTIGATIONS A list of standard issued equipment for every Research Analyst in DigiStream's Intelligence Division is listed below: -Desktop computer research array -Broadband internet access -Nationwide primary database access -Nationwide secondary database access (criminal,civil, property) (criminal,civil, property) -Social media account aggregators -Proprietary, real-time social media -County records search access monitoring software -DMV records access -Medical sweep database -Federal court records access -Protected terrestrial phone line In order to ensure results on surveillance, DigiStream works as a team with examiners to schedule surveillance around medical appointments,depositions, and other known activities where the claimant can be positively identified.Our internal policy requires a surveillance investigator to not continue surveillance at a location for more than four hours unless it is confirmed the claimant or plaintiff is present.The Field Operations Manager will maintain contact with the client and explain operational occurrences to ensure unnecessary hours are not spent with limited or no activity captured on video. As part of the industry standard, DigiStream's investigators are available 24 hours a day,7 days a week, 365 days a year.Additionally,the utilization of the company's services over weekends and holidays is encouraged as claimants traditionally tend to be more active during these times; same-day referrals and RUSH assignments can also be worked when necessary upon the request of our client though it should be noted that all RUSH assignments—whether Intelligence reports or surveillance—do carry a 15% surcharge.Appointed staff can be contacted via telephone or email at any time between 8:00am— 5:00pm and will respond as soon as possible to handle any question or request. DigiStream's unique ability to review all footage from every investigator in the field within hours of the completion of their case allows staff to hold daily operations meetings to review the previous day's surveillance findings.Those findings are then stored electronically in an MPEG-2 format, where they are both transmitted directly to the client via email with our Next Day Video—showcasing highlights of the previous day's surveillance—and burned onto a DVD. Note that Next Day Video (NDV) is delivered via a link to a secure video stream,which enables clients to make conscientious decisions about terminating or extending surveillance efforts while hard copies of DVDs are mailed directly to the office. Said DVDs can be viewed using Windows Media Player and reproduced with standard DVD copying software. Finally, DigiStream stores all of its pertinent electronic data and has it backed up off-site in a secure data center for near 100% up-time.The company operates in a paperless business environment,which allows for files to be easily recovered, and uses fireproof filing cabinets to protect all original video evidence. DigiStream's current catastrophic disaster plan calls for a maximum of 24 hours to mirror data from the data center and be running which means, if a situation should occur, DigiStream's quality and level of service is well protected. With DigiStream's investigators equipped with the above material,the firm's methodology to specific case-types the City of Miami Beach may encounter is as follows: • Page 14 ca--€) DigiStraam INVESTIGATIONS Workers' compensation Workers'compensation claims have been a core competency of DigiStream since the founding of the firm in 2001. All DigiStream interviews are recorded digitally and copies of the audio will be furnished to the City upon submission of the report with a transcribed copy available upon request. When interviewing an injured worker, DigiStream first reads a fraud admonishment to the worker so evidentiary value of the statement is preserved.This ensures any testimony which is later determined to be a misrepresentation was given knowingly and intentionally by the claimant. The investigative interviews of claimants begin with an examination of"baseline" information such as confirmation of vital information and activities of daily living such as hobbies and lifestyle.This allows a DigiStream investigator the opportunity to observe the claimant answering rudimentary, non-stressful questions in order to gauge their normal body language and speech patterns.The interview then proceeds with an inquiry into a detailed description of day-to-day employment.This section is particularly important in cases of Repetitive Stress Injury(RSI)such as carpal tunnel syndrome or tendinitis. Subsequent sections concentrate on a full recollection of the alleged injury,the treatment received, medical history, and employment history. DigiStream pays particular attention to subrogation and apportionment opportunities during recorded interviews with injured workers.The possibility of third-party liability,and he chance for the City to subrogate a claim, is something each investigator takes pains to examine closely.A line of subrogation questions is standard in each investigative interview.Apportionment issues may arise out of the in- depth medical history section if the claimant has pre-existing conditions, may also arise out of the activities of daily living as well as from employment history questions if a similar injury was incurred at a prior employer. DigiStream always obtains signed HIPAA releases and utilizes a Pain & Limitations Survey which is administered during each claimant interview.This survey is filled out and signed by the claimant before an interview and it gives a solid understanding of an individual's self-reported limitations. DigiStream then has a basis for further questions during the interview,as well as a robust piece of evidence which may be used to contrast the claimant's statements of their physical restrictions with actions observed during either surveillance or a social media investigation. When surveillance is ordered on a workers'compensation or personal injury assignment, DigiStream's Field Operations Manager handles these files as well.Surveillance is a core competency of the Company as it has conducted over 45,000 days of surveillance with video capture rates of over 30 minutes daily. Personal Injury DigiStream's approach to personal injury claims enables clients to focus on obtaining information regarding the incident from witnesses, co-workers, or supervisors via investigative interviews. Interviews are generally conducted in-person but can be arranged telephonically per client instructions.The interviews are lengthy examinations into the mechanics of the alleged injury,discrepancies in the accounts of the alleged injury, and confirmation of the geographic location where the injury occurred in Page 15 DigiStream INVESTIGATIONS instances of possible FELA liability. Examination into the items or machinery involved in the incident(if applicable), medical and employment history, activities of daily living as well as addressing motivating circumstances such as those discussed in the Red Flag Analyses as detailed above are all part of a primary line of questioning by DigiStream field investigators. Cost-effective approaches on low-or medium-exposure personal injury claims may also involve a social media investigation in order to determine activity levels outside of the workplace and whether the claimant or plaintiff is engaged in activities which may refute his or her claim. Medical sweeps can uncover prior medical treatment on claimants who may be hiding this information. All evidence is logged per Federal Rules of Evidence standards in the event it is needed for a deposition or trial. Electronic social media evidence is also monitored in real-time by a team of trained Research Analysts for 60-days at no additional cost to the City in order to capitalize on possible surveillance opportunities. Automobile no fault(Personal Injury Protection) DigiStream understands that time is of the essence in the investigation of an automobile PIP claim. However, we also understand that a thorough investigation is a critical component to allowing claims handlers to feel confident in their negotiations.As with any claim investigation,the process starts with a brief consult to understand the claim, its red flags, and the goals of the handler. Once established,the investigator may conduct some or all of the services outlined below: • Retrieve a copy of the police,fire, or other emergency service reports • Secure a statement from the policy holder and any other passengers in the vehicle • Secure statements from the other driver and witnesses to the accident • Identify and locate security and other video camera footage which may have captured the loss • Document the physical loss location,to include photographs, measurements and timing traffic control signals if applicable • Conduct a detailed analysis of the damaged vehicle(s) • Obtain signed medical releases from all parties involved • Contact medical providers for information expenses (after a release has been secured) • Conduct a GeoSocial Sweep around the scene of the accident to identify previously unknown witnesses or uncover geotagged content detailing the mechanisms of the accident In sum,each investigation will involve a unique blend of investigative techniques,all of which we are able to handle promptly and professionally. Employee sick leave and short-term disability programs Abuse of Sick Leave,Short Term Disability(STD),and FMLA has an impact on an organization at two key levels. First,the financial impact of paying an employee for time away from work,for which he/she is not due.Secondly,the organizational impact can be just as devastating as morale slumps,efficiency wanes, and others see abuse as a viable option when they otherwise would not.With these two impact points in mind, DigiStream is able to assist with sick time and STD abuse, in a discreet but efficient manner. Page 16 DigiStrearn- INVESTIGATIONS As with any investigation, everything starts with a consultation to understand the problem, understand the key players, and identify the red flags. Moreover, most investigations begin with a SocialPro(our social media investigation)to identify possible activities of the employee while out of work. In most • cases, abuse will occur on very short notice and often surrounds a personal event in the employee's life, a vacation, a long weekend, or in some cases outside employment.All of this can be done quickly and helps to focus how investigative dollars will be spent. When the time comes to engage in a field investigation,the most effective tool in the company's arsenal is surveillance, however it requires fluid lines of communication and the ability on DigiStream's part to move quickly.A typical surveillance investigation will begin with the employee's supervisor receiving notice of the employee's absence.At this time, DigiStream will be alerted that one of the pre-discussed employees is requesting sick leave.An investigator is immediately dispatched for a day of surveillance. Property damage claims The investigation of a Property Damage Claim will have many of the hallmarks of any claims investigation. However,we understand that subrogation is perhaps the most vital component to any property damage investigation. During a standard subrogation investigation our investigators will quickly identify all insurance parties involved in the incident. Items such as hold harmless agreements, third party contracts, incident reports, etc.will all be secured for review by the claims handler. Our goal in such an investigation is not to make a decision, but instead to present our client with all possibilities and evidence (or lack thereof)to confirm or refute submitted claims. In addition to detailed subrogation investigations, DigiStream will also: • Retrieve a copy of the police,fire,or other emergency service reports • Secure a statement from the claimant and witnesses • Obtain copies of independent adjusters, attorneys, or any other party which has become involved in the file • Identify and locate security and other video camera footage which may have captured the loss • Document the physical loss location,to include photographs, measurements, and insurance policies • Conduct a GeoSocial Sweep around the scene of the accident to identify previously unknown witnesses or uncover geotagged content detailing the mechanisms of the accident Finally,what follows are specific case examples outlining investigative methodology employed and results obtained: Page 17 Digi IN VEST iG AT IONS Case Study: DigiStream's social monitoring yields advantageous surveillance opportunities Project Scope: Investigation into the validity of an individual's workers' compensation claim that their back was injured while working for the insured. Said investigation involved obtaining the recorded statements of the injured subject as well as his two supervisors. Investigation: A request for an AOE/COE recorded statement investigating a back injury incurred while working for the insured was made in May 2012. A Claims Investigator conducted the interview of the subject in-person,which was comprised of approximately two hours'worth of questions and conversation. It should be noted that the questions posed to the subject were aided by DigiStream's proprietary physical injury statement guide, recorded in their entirety for future reference, and yielded the following information: • The injured worker was taking part in the facility's eight week training program and was a consistently low performer who damaged a lot of product. • The injured worker's supervisors had already reached a decision, prior to the alleged injury,to let the subject go;the subject had not been formally informed of this decision,though the supervisors posited he would be aware he was not meeting company expectations for progress in the training program. • The injured worker incurred an injury to his back prior to the incident in question with a different employer—specifically a pinched nerve and bulging disk—which required surgery. A request for three days of surveillance and a Hospital Sweep report was made in March 2014 in order to observe the subject attending a medical appointment and uncover any instances of medical treatment prior to the date of the alleged injury. DigiStream's Intelligence Liaison then performed cursory sweeps on the subject via online and background database searches in order to uncover any red flags warranting the use of additional investigative services,specifically a SocialPro or SocialPro PLUS report. While no SocialPro or SocialPro PLUS report was authorized by the client,the liaison's searches yielded social media accounts revealing he was a member of a band,which were saved. Surveillance Investigators were deployed on different days but obtained minimal footage of the subject due to inactivity.All field surveillance efforts were coordinated and assisted by DigiStream's Field Operations Manager while all subsequent footage and reports were edited and reviewed by workflow personnel. The Hospital Sweep report,conducted by the Intelligence Liaison, revealed the subject visited two different medical facilities prior to the date of his alleged injury and allowed for the option of obtaining specific treatments received with a signed medical release. Due to aforementioned surveillance results,the Intelligence Liaison was encouraged to continue monitoring the subject's online activity in order to identify potential dates for future surveillance.As a result, opportunities for surveillance in July 2014 were uncovered and Surveillance Investigators were deployed and observed the subject engaged in but not limited to the following: • Setting up and deconstructing music equipment, specifically a drum set, as well as packing said equipment into luggage bags which he also pulled around • Page 18 DigiStrearri INVESTIGATIONS • Performing music with his band Another request for a day of surveillance was made in December 2014 in order to observe the subject attending a medical appointment and DigiStream's surveillance investigator observed the subject engaged in but not limited to the following: • Attending his medical appointment • Visiting city hall • Visiting a legal office As a result of the Intelligence Liaison's continued monitoring of social media accounts,another opportunity for surveillance was uncovered—specifically a scheduled performance by the subject's band—and a request for one day of surveillance was made in March 2015.Surveillance revealed the subject engaged in but not limited to the following: • Setting up and deconstructing music equipment,specifically a drum set,as well as packing said equipment into luggage bags which he also pulled around • Performing music with his band As a result of the Intelligence Liaison's continued monitoring of social media accounts,another opportunity for,surveillance was uncovered—specifically a scheduled performance by the subject's band—and a request for one day of surveillance was made in April 2015.Surveillance revealed the subject engaged in but not limited to the following: • Setting up and deconstructing various pieces of music equipment as well as packing said equipment into luggage bags,which he also pulled around • Performing music with his band • Hopping on and off the stage Finally,as a result of the Intelligence Liaison's continued monitoring of social media accounts,another opportunity for surveillance was uncovered—specifically a scheduled performance by the subject's band—and a request for three days of surveillance was made in April 2015.Surveillance efforts revealed the subject engaged in but not limited to the following: • Setting up and deconstructing various pieces of music equipment as well as packing said equipment into luggage bags,which he also pulled around • Performing music with his band • Loading music equipment into the back of a car All field surveillance efforts were coordinated and assisted by DigiStream's Field Operations Manager while all subsequent footage and reports were edited and reviewed before being sent to the client. Completed reports were submitted to the client and utilized in ongoing litigation in order to reduce the settlement demand. Final outcome is pending. Page 19 DigiStrearn INVESTIGATIONS Case Study:DigiStream's fraud referral system Project Scope: Investigation into the validity of an individual's workers'compensation claim that their back was injured while working for the insured. Investigation:A request for three days of surveillance and a SocialPro(social media)report on a registered nurse claiming a back injury was made in June 2014 and documented by DigiStream. An Intelligence Division Research Analyst conducted all online research on the subject while collaborating in real-time with remaining staff of analysts. It should be noted that content uncovered in the report included but was not limited to the following: • Social media content uncovered on her husband's accounts revealed she went sailing after she allegedly injured herself • Online content revealed she owned and operated a real estate business after she allegedly injured herself o It should be noted that during a deposition the subject in question claimed under oath that she only had one active co-listing.The SocialPro report revealed three active online listings in three separate cities and uncovered multiple online profiles that listed her as a real estate agent. Upon the completion of the SocialPro report,a peer-review was conducted with a fellow analyst in the form of a verbal debriefing session wherein research tactics were questioned and scrutinized in order to ensure all notable accounts and content were uncovered and featured in the report. DigiStream's Intelligence Liaison then received the report and, before sending to the client, performed his own review identify notable information that would assist surveillance efforts. e w to d Surveillance Investigators were deployed on different days after the SocialPro report's completion to obtain footage of the subject and compose reports detailing the circumstances of their efforts.Said efforts were coordinated and assisted by a Field Operations Manager. Notable footage revealed the following: • The subject bending forward at what appears to be more than 20 degrees twice on July 11,2014 o It should be noted that during a deposition the subject in question claimed under oath that her lumbar spine has a flexion of 20 degrees,an extension of 15 degrees,and a lateral bending of 10 degrees, i.e.she was in violation of her own self-reported physical limitations. Due to video footage obtained as well as the subject's own actions independent of DigiStream's investigation,the client suspected the subject's claim was fraudulent and requested DigiStream's SIU Division investigate the misrepresentations made by the subject and determine if they qualified as fraud.Said investigation determined there was a reasonable suspicion of fraud and resulted in a documented referral being sent to the California Department of Insurance and San Bernardino District Attorney.The documented referral highlighted every inconsistency between the subject's self-reported limitations and content featured in both surveillance and the SocialPro report. Page 20 Dig1 r INVESTIGATIONS Finally, in the pursuit of fraud against the subject the client ordered more surveillance,which yielded the following footage: • Subject bending forward at what appears to be more than 20 degrees seven times on December 20,2014;eight times on December 26,2014;twice on January 16, 2015;twice on January 19, 2015; nine times on January 27,2015;and eight times on January 30,2015 o It should be noted that during a deposition the subject in question claimed under oath that her lumbar spine has a flexion of 20 degrees,an extension of 15 degrees,and a lateral bending of 10 degrees, i.e.she was in violation of her own self-reported physical limitations. • Subject twisting and bending laterally at what appears to be more than 10 degrees on January 14,2015,the day of her AME exam • Subject bending down to place hands on the ground to look at her vehicles trailer hitch on December 15,2014 • Subject standing/walking for approximately 49 minutes on December 20,2014 o It should be noted that during a deposition the subject in question claimed under oath that she can only stand/walk between 15 and 30 minutes at a time before she absolutely has to sit or lie down, i.e.she was in violation of her own self-reported physical limitations. • Subject sweeping, raking, moving garbage bins,and other miscellaneous yard work on December 26,2014 Both California Department of Insurance and San Bernardino District Attorney offices opened investigations into the claim and results are pending. Page 21 Digi INVESTIGATIONS Case Study:Capturing notable activity after an individual was allegedly injured through online content alone Project Scope: Investigation into the validity of an individual's liability insurance claim that they suffered a head concussion and spinal soft tissue injuries—resulting in an inability to participate in sports and need to be home-schooled—due to a motor vehicle accident.Specifically,the objective was to find evidence"...as to her actual level of activity post loss." Finally, it should be noted that the case was received on 6/18/2014 and the client designated a deadline of 6/20/2014,which was satisfied by the Intelligence Division. Investigation:A request for a SocialPro(social media)report on an individual claiming they suffered a head concussion and spinal soft tissue injuries—resulting in an inability to participate in sports and need to be home-schooled—was made in June 2014. A Research Analyst conducted all online research on the subject while collaborating in real-time with remaining staff of analysts. It should be noted that content uncovered in the report included but was not limited to the following: • Subject intended to move to San Diego to study nursing • Subject's post-D01 activity on various social media accounts revealed she traveled to the Bahamas, hiked in Squaw Valley,and snowboarded at an unspecified location • Subject competed in a track-and-field event one month after her DOI Upon completion of the SocialPro report,a peer-review was conducted with a fellow analyst in the form of a verbal debriefing session wherein research tactics were questioned and scrutinized in order to ensure all notable accounts and content were uncovered and featured in the report.An Intelligence Liaison then received the report and performed their own review to ensure case goals were thoroughly explored and satisfied before sending to the client. A request for an updated SocialPro report on the subject was made in May 2015. A Research Analyst conducted all online research on the subject while collaborating in real-time with remaining staff of analysts. It should be noted that content uncovered in the second report included but was not limited to the following: • Subject was found to be on the San Diego City College volleyball team after she was allegedly injured • Subject traveled to Costa Rica after she was allegedly injured • Subject began working as a server after she was allegedly injured Upon completion of the SocialPro report,a peer-review was conducted with a fellow analyst in the form of a verbal debriefing session wherein research tactics were questioned and scrutinized in order to ensure all notable accounts and content were uncovered and featured in the report.An Intelligence Liaison then received the report and performed her own review to ensure case goals were thoroughly explored and satisfied before sending to the client. Page 22 DigiStream INVESTIGATIONS Case Study:An AOE/COE Statement investigating claims of a hostile work environment reveals the complex relationships in one office Project Scope: Investigation into the validity of three individuals'workers'compensation claim that they began suffering from stress as a result of working for the insured.Said investigation involved obtaining the recorded statements of all three employees claiming stress as well as the supervisor allegedly responsible for the adverse working environment. Investigation:A request for an AOE/COE recorded statement investigating a stress claim arising out of an alleged hostile working environment was made in January 2012. A Claims Investigator conducted all four interviews in-person with each interview comprised of approximately two hours'worth of questions and conversation. It should be noted that the questions posed to all four individuals were aided by DigiStream's proprietary stress statement guide, recorded in their entirety for future reference,and yielded the following information: • In an apparently unrelated incident,the supervisor allegedly responsible for the hostile working environment filed a sexual harassment lawsuit in 2009 against a professor who worked closely with the dean of the school on a federally funded, lucrative project.Said sexual harassment lawsuit forced the professor into early retirement to the detriment of the project. • All three individuals claiming stress as a result of a hostile work environment were loyal to the dean of the school—two of them were also employed by the dean for the aforementioned federally funded, lucrative project undone by the lawsuit of the supervisor. • All three individuals claiming stress as a result of a hostile work environment were sent workers' compensation claim forms via certified mail by the HR department and stated that the dean recommended they file the claim because without a record of the supervisor's actions nobody will "...know the truth." All recorded audio was uploaded and saved by the Claims Investigator and a full report detailing all relevant information gleaned in each individual's interview was composed.Said report was then edited and reviewed before being sent to the client. Page 23 DigiStrearn INVESTIGATIONS References Project/scope of work description: Surveillance,Social Media and Background Reports,AOE/COE Investigations Agency name: C&S Wholesale Grocers Agency contact: Cynthia Davis Contact telephone&email: (410)799-6847,cdavis @cswg.com Years and term of engagement: Since February 2011 Project/scope of work description: Surveillance,Social Media and Background Reports Agency name: City of Camden, NJ Agency contact: Marty Hahn Contact telephone&email: (856)757-7576, MaHahn @ci.camden.nj.us Years and term of engagement: Since January 2009 Project/scope of work description: Surveillance,Social Media and Background Reports Agency name: Verizon Communications Agency contact: Ed Solovay Contact telephone&email: (732)598-4029, Edward.m.solovay @verizon.com Years and term of engagement: Since May 2014 Page 24 L-771:1 DigiStream INVESTIGATIONS Qualifications of Proposer Team Garrett McGinn—Director,Intelligence Division Garrett McGinn is the Manager of DigiStream's Intelligence Division, and has over eight years of experience in the private investigative industry. He is a licensed California Private Investigator as well as an Associate Certified Fraud Examiner. He holds a Masters Degree in TransAtlantic Relations from the Uniwersytet Jagielloriski in Krakow, Poland,and a Bachelor's Degree in International Relations from the University of California, Davis.Garrett trained in advanced surveillance tactics in the United Kingdom, achieving a Level III Advanced Award in Foot& Mobile Surveillance in 2007. He has headed the Intelligence Division since 2012,developing cutting edge social media and background services in the fight against fraud. Prior to his employment with DigiStream in 2006,Garrett was a Research Analyst for Glass, Lewis&Co.,an institutional investment advisory firm. Paul Supal—Senior Partner,East Coast Regional Director Paul Supal is a Senior Partner and Regional Director at DigiStream Investigations,and has over ten years of experience in the private investigative industry. He holds a Masters of Business Administration from Georgian Court University and a Bachelor's Degree in English from Rowan University. Paul is an expert in both the field of surveillance,as well as in the area of due diligence,and has given several lectures on the importance of those topics and the role they play in aiding claims resolution.Currently, Paul holds private investigative licenses in eight states within the Mid-Atlantic and North-East regions of the country. Stephen Roper—Desktop Operations Manager Stephen Roper is the Desktop Operations Manager in DigiStream's Intelligence Division. Prior to that time he was the Division's Lead Investigative Analyst.Stephen has completed over 1,200 digital investigations and comprehensive background checks across the United States, including pre- employment screenings for public agencies.Additionally, he researches and develops new investigative techniques capable of improving the staff's abilities to uncover notable online content. Prior to DigiStream,Stephen was a reporter for the Shenzhen Daily in Shenzhen, China as well as an instructor at the prestigious Bao'an Zhong Xue Academy. He graduated with honors from the University of North Carolina at Greensboro with a double major in English and Media Writing. Page 25 ®1g1 INVE ST IG4TION5 Research Analysts Shannon Sigler—Research Analyst II Shannon is a Research Analyst II in the Intelligence Division and has authored over 600 social media/background investigative reports nationwide.Shannon is a Team Lead,and is responsible for editing research reports composed by other analysts in order to ensure all notable evidence available in both background and online records is uncovered and properly highlighted.She is a graduate of the University of California, Davis with a major in English,and is a published author. Stephanie Burward-Hoy—Senior Research Analyst Stephanie is the Intelligence Division's Senior Analyst.She has authored over 1,000 social media/background investigative reports nationwide. Her specialty is in workers'compensation and auto liability fraud.Stephanie is a Phi Beta Kappa graduate of the University of California, Davis with a major in English.Stephanie also studied at the prestigious Cambridge University in the United Kingdom. Amanda Bright—Research Analyst Amanda is a Research Analyst in the Intelligence Division and has authored over 700 social media/background investigative reports. Prior to working for DigiStream she was an investigator with the California Secretary of State's Election Fraud Investigation Unit.She graduated from Sacramento State University with a major in Criminal Justice. Kevin Benzie—Research Analyst Kevin is a Research Analyst in the Intelligence Division and has authored over 600 social media/background investigative reports. He double majored in History and Classics at University of California, Berkeley and received a Master's Degree in Late Antique and Byzantine Studies from the University of Oxford in the United Kingdom. Kelly Atherton—Research Analyst Kelly is a Research Analyst in the Intelligence Division and has authored over 100 social media/background investigative reports.She majored in English at the University of California, Berkeley. Intelligence Liaison Kate Sepe—Intelligence Liaison Kate is an Intelligence Liaison in the Intelligence Division and ensures all prudent investigative avenues for a specific case are both posited and adequately explored through judicious recommendations.She reviews completed reports and addresses all record retrieval and medical sweep report requests. Kate majored in Psychology with minors in Business and Bible at Biola University. Page 26 Dig i S ite n' IGATI Surveillance/Claims Investigators Michael Damast—Surveillance/Claims Investigator Michael Damast has been at DigiStream South Florida affiliate since October of 2013. Prior to being in Florida, Michael was Lead Investigator in DigiStream's Mid-Atlantic affiliate conducting countless field investigations on Workers'Compensation and Liability Fraud for four years. Prior to DigiStream, Michael studied film and video editing at School of Visual Arts in Manhattan, New York,graduating in 2008. After school, Michael traveled and worked as a video editing teacher at The New York Film Academy in Abu Dhabi, United Arab Emirates,as well as produced a documentary in Haridwar, India. Scott Piepmeier—Surveillance/Claims Investigator Scott Piepmeier has over 1 1/2 years of experience in the private investigative industry and spent his first year within the industry as a Field Investigator at DigiStream's Los Angeles division. He had the opportunity to relocate to the Florida office where he is currently a licensed Private Investigator. Additionally, he oversees business development and client relations. He graduated with honors and holds a Bachelor's Degree in Education from Florida Atlantic University in Boca Raton, FL. Administrative Staff Amelia Dominguez—Workflow Amelia Dominguez has been with DigiStream since August 2014 and is responsible for the final editing and shipping of completed reports as well as follow-ups regarding invoicing.She received a Bachelor's Degree in Literature and Writing Studies from California State University San Marcos. Page 27 eDigiStram VESTIGATIONS Garrett McGinn 4200 San Jeronimo Terrace, Davis, CA 95618-gmcginn @DigiStream.com-510.332.3751 Education: Uniwersytet Jagiellonski Krakow, Poland M.A. in TransAtlantic Studies (March 2011); degree conferred with highest honors. Thesis: Networks and Hierarchies: The Nature of Uncertainty in The Global Economy University of California, Davis B.A. in International Relations (December 2005) Peace & Security Studies track with a specialization in Latin American Affairs Work Experience: DigiStream Investigations Davis, California Manager— Intelligence Division, September 2011 —Present • Supervise five Research Analysts involved in cyber investigations, background checks and social media monitoring. • Supervise and advise five field claims investigators engaged in recorded statements and scene investigations. • Develop and implement new and innovative services for clients. • Engage and advise clients on fraud issues, present educational seminars on social media evidence to legal and claims professionals. DigiStream Investigations Davis, California Fraud Investigator, September 2006—September 2009, • Conducted daily fraud and workplace safety investigations regarding liability and indemnity claims against government and corporate clients. • Conducted interviews with claimants, wrote investigative reports and continually updated case files. • Trained new investigators in investigative procedure, surveillance and company policies. • Provided courtroom testimony for highly litigated cases. Glass, Lewis & Co. San Francisco, California Research Analyst(Seasonal), January 2006 -June 2006 • Researched, wrote and edited proxy reports on domestic and international companies. • Analyzed the financial and economic issues necessary to vote upon proxies in a manner that mitigates investment risk and improves returns for investors. • In addition to corporate governance, research included analysis of accounting, executive compensation, regulatory and legal compliance, risk disclosure, litigation and other matters that reflect on the quality of board oversight and company transparency. • Offered promotion to Lead Analyst upon completion of contract. Licenses and Certifications: •. California Licensed Private Investigator#27015 (September 2010) • BTEC Level 3 Advanced Award in Foot& Mobile Surveillance. Intel Security Services Ltd., Harrogate, United Kingdom (November 2007) • Associate member Association of Certified Fraud Examiners. Page 28 DigiStream r INVESTIGATIONS Paul J.Supal P.O. Box 175 Marlton,New Jersey 08053 609-468-0733 psupalADigiStream.com DigiStream Mid-Atlantic,LLC—1/2006 to present President&Owner • Originated and launched the Mid-Atlantic office for DigiStream Investigations Inc., which is a private investigation firm specializing in workers' compensation insurance fraud investigations. • Oversee the daily operations of the office,as well as its long-term growth in the market place. • Strategically plan and develop all aspects of the Mid-Atlantic office, including the investigative personnel selection,training,and development of staff. • Establish short-term and long-term goals in the area of expansion in both the products and services of the business,as well as expansion into other markets. • Conduct field investigations into fraudulent workers' compensation claims by supplying written reports and video evidence of malingering claimants. DigiStream Investigations,Inc—6/2005—12/2005 Sales Assistant/Field Investigator • Conducted field investigations into fraudulent workers' compensation claims by supplying written reports and video evidence of malingering claimants. • Established and maintained a positive rapport with existing client base. • Administered sales presentations and surveillance training seminars. • Conducted case reviews of recent workers compensation claims that were suspected of fraud,and offered expertise into the ability of surveillance to bring a resolution to the validity of the claim. Global Options Group—8/2004 to 6/2005 Investigative Consultant/Field Investigator • Conducted field investigations into fraudulent workers' compensation claims by supplying written reports and video evidence of malingering claimants. • Managed the highest revenue account for the investigative division by maintaining customer satisfaction and contact • Directed a team of six investigators to handle all jobs associated with the account. AMC Theatres—2/2003 to 8/2004 Operations Manager • Interviewed,hired,trained,scheduled, managed all theatre employees. • Tracked and recorded theatre inventory. • Established and maintained a positive rapport with theatre patrons. Education Masters of Business Administration—July 2012 -Expected Georgian Court University,Lakewood,New Jersey • GPA: 3.6 Bachelor of Arts,English—May 2003 Rowan University,Glassboro,New Jersey • GPA: 3.13;Dean's List in Fall of 2002 and Spring of 2003 Page 29 DigiStream- INVESTIGATIONS Stephen Roper email: smroper20 @gmail.com phone:(360)878-7736 EDUCATION:The University of North Carolina at Greensboro(UNCG);Bachelor of Arts in English and Media Writing(Double Major) Graduation:December 2007-Honors:Sigma Tau Delta(English Honors Society) DigiStream Investigations,Davis,CA February 2014-present Desktop Operations Manager -Train and manage group of seven research analysts and provide assistance on individual cases as well as review investigative methodology and writing upon a report's completion;oversee production of approximately 150 reports/month -Develop/uncover advanced investigative techniques and train staff for immediate implementation DigiStream Investigations,Davis,CA July 2012-February 2014 Lead Investigative Analyst -Collect background records(financial,civil,criminal,property)and uncover online information(all social media accounts,online profiles,and activity)on specified individuals and compose detailed reports,summarizing red flags found during the investigation in concise executive summaries while adhering to projected deadlines -Consult with clients to determine specific objectives of an investigation and assess case's potential for additional desktop services Policymic.com,Davis,CA May 2013-October 2013 Culture Writer/Pundit -Contribute for website's culture section with topics ranging from movie reviews to socio-cultural commentary; named Pundit of the Week for quality writing(07/12/2013) Times-News/TNW,Hendersonville,NC June 2008-August 2009,April 2012-May 2012 Correspondent -Create topics and write feature articles for weekly news magazine TNW;also shoot photos for said articles -Cover prep,college,professional sports weekly with occasional sports-related profile piece/feature Shenzhen Daily,Shenzhen,China October 2009-May 2011 Contributing Columnist Echinacities.com,Shenzhen,China January 2011-May 2011 Freelance Contributor Algonquin Books of Chapel Hill,Chapel Hill,NC January 2008-May 2008 Intern UNCG Writing Center,Greensboro,NC January 2006-December 2007 Writing Consultant/Tutor Red&White,Hendersonville,NC September 2000-May 2003 Editor-in-Chief/Writer RELATED EXPERIENCE: CTLCBao'an Middle School,Shenzhen,China August 2009-May 2011 Senior One/Two English Teacher -Design original,year-long curriculum and accompanying lessons for senior students;teach and manage classes (approximately 50 students each)using original PowerPoint presentations,lesson-plans,and assignments Cliff Dwellers Inn,Blowing Rock,NC August 2011-April 2012 Manager Page 30 DigiStream INVESTIGATIONS Shannon Sigler slsigler @ucdavis.edu 1 707-407-7495 11313 Oak Avenue, Davis, CA, 95616 I am a graduate of UC Davis as of Spring 2014. I graduated with a Bachelor's degree in English, with an emphasis in Creative Writing as well as a double minor in Communications and Psychology. Experience Research Analyst ll at DigiStream Investigations Davis, CA September 2014-Present • Compose reports detailing a person's online presence and background records for worker's compensation and liability investigations • Manage a team of analysts while coordinating production rates and priority levels of incoming cases Published Author for EPIC Press Publishing July 2014-Present • Wrote six young adult summer romance novels as part of a series for a publishing label • To be published 8/1/2015 Intern at e.Republic Folsom, CA September 2013-September 2014 • Worked as a paid intern in the Editorial department • Wrote and edited articles for the online publication of Government Technology magazine • Extensive news writing experience in a professional setting Kitchen Employee at UC Davis Coffee House Spring 2012-September 2013 • Gained experience in food preparation and handling • Extensive customer service skills • Learned to maintain composure and efficiency in high pressure situations Skills • Extensive writing and editing • Management of team members • Knowledge of social media platforms and background records Education University of California, Davis Bachelor of Arts, English. Emphasis in Creative Writing Double Minor in Communications and Psychology 2010-2014 Page 31 . ca) ®1 1gi ' INVESTIGATIONS Stephanie Burward-Hoy 10384 Dempster Ave. Cupertino,CA 95014 (408)973-0381 -sburwardhoy @gmail.com EDUCATION B.A.,English,UC Davis,3.79 GPA(Honors) 2013 SKILLS Proficient in Microsoft Word,Excel,PowerPoint,Access and FileMaker Pro. Excellent communication and writing skills. WORK EXPERIENCE Senior Research Analyst-DigiStream Investigations- May 2014- Present • Investigate subjects using social media and compose reports based on findings. • Research complex and high priority cases. Research Analyst-DigiStream Investigations September 2013-May 2014 • Investigated subjects using social media and composed reports based on findings. • Compiled and organized training manual. Data Entry Clerk(contractor)-Perkins Coie LLP July 2013 • Entered client data,and opened new patent matters into Perkins Business Intake database. • Created and alphabetized lists in Microsoft Excel. Appointed Board Member, Campus Judicial Board—UC Davis Fall 2012-Winter 2013 • Wrote concise summaries of cases regarding academic misconduct for the UC Davis newspaper. • Actively brainstormed with the Board for new recruitment ideas. • Successfully recruited new board members by passing out flyers. Test Proctor— UC Davis Fall 2012-Winter 2013 • Carefully monitored disabled students for any incidents of cheating as they took exams. Library Assistant—Riverside Public Library Fall 2010—Spring 2011 • Assisted librarians in daily tasks. • Pushed 50 lbs.book carts. • Carefully checked in and shelved books. • Helped patrons use communal computers. Library Assistant—Santa Clara County Library Summer 2010 • Assisted librarians in projects. Page 32 DigiStrearn- AWARDS • Dean's Honors List Fall 2009—Spring 2012 • Chancellor's Honors List Spring 2011 • • First Year Scholar - Fall 2011 ACTIVITIES Sigma Kappa Sorority—UC Riverside Fall 2009-Winter 2010 • Sigma Kappa Triangle Correspondent • Historian Chairman Honors Program—UC Riverside Fall 2009-Spring 2010 Sigma Tau Delta—English Honor Society-UC Davis Fall 2011-Winter 2013 Phi Alpha Delta—Pre-law fraternity-UC Davis Spring 2012-Winter 2013 Page 33 DigiStrearn NVESTIGATIONS Amanda Bright 2385 Oak Harbour Drive#298A Sacramento, CA 95833 (510)965-5879 • abright @DigiStream.com Objective To investigate potential fraud as a Research Analyst in the Intelligence Division within DigiStream Investigations,Inc. Education Bachelors of Science,Criminal Justice December 2013 California State University, Sacramento Associates of Science,Administration of Justice May 2011 Diablo Valley College,Pleasant Hill Certificates:Administration of Justice,Criminal Law Specialist,Correctional Specialist, Community Relations Specialist,Juvenile Counseling Work Experience Research Analyst,DigiStream Investigations,Inc.,Davis,CA,May 2014-Present • Analyze online content to collect evidence to prove or disprove fraudulence • Conduct background checks on specified individuals upon client request • Write detailed reports of my findings • Locate and retrieve various types of records • Utilize multiple databases to assist in my research • Maintain records and a timeline of my work • Correspond with other analysts, lawyers,examiners,and auditor Investigative Intern,Fair Political Practices Commission,Sacramento,CA,2013-2014 • Analyzed data to locate possible red flags or suspicious activity • Researched people and organizations to find useful information • Composed spreadsheets to help correlate information and detect trends • Assisted with preparation and serving of subpoenas • Formulated interview questions for use by investigator • Conducted phone and email correspondence with professionalism • Collaborated with investigators,attorneys,and analysts on numerous projects • Aided investigators with interviewing respondents and witnesses Cashier,Berkeley Natural Grocery,Berkeley,CA,2006-2011 • Process customer transactions • Provide quality customer service • Organize register areas and stock them with supplies • Help stock inventory in all departments • Straighten the products throughout store isles Community Involvement Tutor,Reading Partners,Glenwood Elementary School, Sacramento,CA,2013-2014 Page 34 DigiStreant IN YE STIG AT IONS KEVINBENZIE 411 14th St. Sacramento, CA 958141805.708.6089Ibenzie@berkeley.edu EDUCATION UNIVERSITY OF OXFORD, Oxford,United Kingdom. September 2011 –June 2012 Master of Studies,Late Antique and Byzantine Studies,2012 UNIVERSITY OF CALIFORNIA,BERKELEY, Berkeley, CA. August 2007–May 2009 B.A.,History, Classical Civilizations, 2009. [GPA 3.93] Highest Distinction in General Scholarship; Honors in History Semester Honors: Fall 2007, Spring 2008,Fall 2008, Spring 2009 Dean's List: Fall 2008, Spring 2009 SANTA BARBARA CITY COLLEGE, Santa Barbara, CA. August 2004–May 2007 A.A.,English,History, Liberal Studies, Philosophy, 2007. [GPA 4.0] Graduation with Honors; Certificate of Completion, Great Books Curriculum Presidential Honor Roll: Fall 2004,Fall 2005, Spring 2006, Fall 2006, Spring 2007 EMPLOYMENT RESEARCH ANALYST, DigiStream Investigations. Davis, CA November 2014–present Conduct internet surveillance and compose detailed reports of findings. Research includes in- depth analysis of all online profiles, accounts,and activity as well as background information— specifically financial, litigation, and criminal history. FINANCIAL AID COORDINATOR,Bluegrass Community and Technical College. Winchester, KY. April 2013 –April 2014 Assist students with information about FAFSA,tuition, grants and loans, advising about SAP. Process verifications, SAP appeals, scholarship applications, Financial Aid Releases,Rejected ISIRs,Recalculation forms, etc. Troubleshoot incomplete files. Experience with PeopleSoft, NSLDS, COD. PROPERTY MANAGER,Windsong Enteprises. Paris and Lexington,KY. July 2012–present Manage two properties: small working horse farm and college rental home. Oversee supplies and equipment procurement and management, horse sales and purchases. Ensure premises are staffed,maintained and arrange repairs. LIBRARY ASSISTANT, Sackler Library, University of Oxford. Oxford,UK October 2011 – June 2012 Manned Help Desk, assisted students with book selection, checkout and return,re-shelved books. Assisted with opening and closing, collected fines,processed stock and relegated books to the Book Storage Facility in Swindon. Experience with SOLO, Online Circulation. FINANCIAL AID COORDINATOR,Bethany University. Scotts Valley, CA. July 2009– August 2011 Met students and parents and provided information about applying for financial aid and financial aid packages. Managed–400 student files to ensure compliance with federal regulations and accurate processing of awards. Troubleshoot incomplete files. Process verifications,Financial Aid Releases,Rejected ISIRs,Recalculation forms. ADMISSIONS OFFICE ASSISTANT. University of California, Berkeley. Berkeley, CA August 2007–May 2009 Work study position. Facilitate the add credit process for–75 students per day. Catalogue and alphabetize student files. Update student transcripts at the end of the add credit process. Assisted admissions officers with customer service and provided support for customers in the absence of Page 35 co) Digi _ ._ INVESTIGATION$ admissions officers. ONLINE GRADING ASSISTANT. Santa Barbara City College. Santa Barbara and Berkeley, CA. June 2007—December 2008 Answered student questions, graded quizzes and tests in online History courses `Growth of American Civilization', `History of the United States' (`To 1865' and `From 1865'). Assisted professors with design and implementation of courses, of Western Civilization(`Ancient— 1660' and `1660—present') FINANCIAL AID OFFICE ASSISTANT. Santa Barbara City College. Santa Barbara, CA. August 2006—May 2007 Work study position. Assisted in filing of physical student records,performed various data-entry tasks, fielded phone calls and answered basic student questions. PHILOSOPHY TUTOR, Santa Barbara City College. Santa Barbara, CA. August 2005 —May 2007 Tutored students in six courses including Introduction, Ethics, Comparative World Religions, History of Philosophy: Ancient,Modern and Contemporary. Assisted with quiz reviews,test preparation,paper revision,writing strategies and lecture and reading comprehension. PROBLEM SOLVER, Amazon.com. Lexington,KY. June 2001 —August 2004 Resolved any difficulties associated with inventory, stowing, shipping and receiving and internal computing systems. Managed and trained new employees in receiving and stowing. ORGANIZATIONS SKILLS PHI BETA KAPPA PROFICIENCY WITH MICROSOFT OFFICE; TYPE 95 W.P.M; EXPERIENCE COPYING, GOLDEN KEY SCANNING, FILING PHI ALPHA THETA(History Honor Society) REFERENCES AVAILABLE UPON REQUEST' Page 36 Digi NVESTIGATIONS Kelly Atherton 2915 34th St Sacramento 15 September 2015 (510) 292-8767 Relevant Information: • BA in English from UC Berkeley • Organized and detail-oriented • Experienced writer and editor Education: UC Berkeley (2010 - 2013) BA in English Professional Experience: • Research Analyst DigiStream Investigations 12/3/2015 - present Internet research, content analysis/organization, concise reporting • Retail Associate Peet's Coffee and Tea 07/2012 - 3/21/2016 Customer service, multi-tasking, cash handling • Writing workshop leader UC Berkeley Summer Bridge Program Summer 2011, 2012 One-on-one and group learning • Writing tutor UC Berkeley Student Learning Center Fall semester 2010, 11 Individual and drop-in tutoring • Math tutor&Supplemental Instructor Gavilan College, Gilroy CA Spring semester 2010 Drop-in tutoring and study session facilitator References: Available upon request Page 37 DigiStream INVESTIGATIONS Kate Sepe 6829 San Tomas Drive, Unit 259, Citrus Heights, Ca 95628 (916)204-6981 kate.c.sepe @biola.edu Experience: Intel Liaison/Research Analyst DigiStream Investigations; 2015- Investigate suspicious workers compensation and liability claims via social media, background information, and targeted internet searches Classified Substitute Golden Valley Charter School; 2014-2015; On-call substitute for all those who are not teachers (secretary, aids, etc.), answer phones, filing, research projects, etc. Retail Sales Associate Old Navy; 2014-2015; Run cash register, answer phones, run fitting room, clean up store, organize incoming shipments, etc. - Awarded Employee of the Month AVID Tutor La Mirada High School; 2012-2014; Graded papers, taught students material with which they had trouble Education: Biola University B.A. in Psychology with minors in Business and Bible Degree Earned; 2011-2014 Psi Chi honors society member Del Campo High School Diploma Earned; 2007-2011 Skills: Microsoft Office Suite Some Photoshop Some Web Design, including HTML Typing Speed 72/wpm Various Phone Systems Advanced Knowledge of Major Social Media Platforms Blogging Experience Page 38 L-7-7) DigiStrearn NVESTIGATIONS Michael S.Damast 9950 Sheridan Street apt.203 I Pembroke Pines I FL I 33024 Cell:(917)474-8687-mdamast @DigiStream.com PROFESSIONAL EXPERIENCE 10/13—Present DigiStream South Florida Inc. Pembroke Pines,FL • General Manager of operations in DigiStream's Florida affiliate specializing in workers'compensation and liability fraud. 2109—10/13 DigiStream Mid—Atlantic Marlton,NJ • Private investigation and surveillance specializing in workers'compensation and liability fraud. • Obtain video and written evidence of claimant and his/her physical activity,schedule,and/or identity. • Responsible for detailed written reports on information gathered as well as uploading video and written evidence to the company's website for further inquiry and investigation. TEACHING EXPERIENCE 8/09—1/10 Oxford Centre Ibague,Colombia • English instructor teaching English as a second language at the Oxford Institute as well as its outreach programs throughout the city of Ibague. (age 8-50) • Responsible for keeping close correspondence with parents of students,informing them of student progress,attendance, abilities,and any upcoming events or special activities. 8108—11/08 The New York Film Academy Abu Dhabi United Arab Emirates • Post Production instructor for international students. (age 18+) • Responsible for film and equipment pickups in Media City,Dubai. • Public representative for company affiliations and meetings, • Manage and operate school's computer networking system. 6/08—8/08 Iroquois Springs Rock Hill,NY • Provide teaching of how to use video technology by editing daily videos to upload to camp website. • Parents and future campers have the ability to view daily videos on camp website. • Teach and Assist campers in selecting and researching topics for video projects. • Observes and promotes all rules and regulations established for the Iroquois Springs campers. • Assists Junior Campers with camp activities.(age 14+) • Escorts campers to mealtimes,classes,recreation,and participates in their supervision. • Attends all camp activities. • Maintains attendance count at all camp activities. • Reports any rule violation by campers to the Camp Director. • Performs other duties as assigned. 1107—5107 School of Visual Arts Editing Lab Technician New York,NY • Responsible for maintaining and securing video and audio editing equipment. • Assists students,faculty,and staff in solving technical problems. EDITING!VIDEOGRAPHY 2/10—5/10 Living Kumbh Mela Documentary Independent Feature Film,Directed/Produced by Sky Gewant,(845)380-6278/sgewant@gmail.com 4/07—7107 Rewind Symphony Trailer Bocce Club Pictures,Justin Pandolfino,(917)763-3215 11106—12106 Road To Victory Trailer Independent Feature Film,Directed by Mike Reily,Supervised by Richard Pepperman,Teacher/Author (732)870-2891/rdpeditor @juno.com 4/06—6/06 WWW.88HIPHOP.COM Editor for streaming video interviews EDUCATION: School of Visual Arts New York,NY Bachelor of Fine Arts Film&Video Editing June 2008 Page 39 eDigistream- NVESTIGATIONS SCOTT M.PIEPMEIER 5586 Nepsa Way,Apt 6207 scottpiepmeier @yahoo.com Delray Beach,FL 33484 561-445-8976 PROFILE • Excellent customer service skills,including verbal and written communication. • Productive and responsible;will learn new systems quickly,and will take initiative. • Exceptional attention to detail and follow-up. • Strong interpersonal relationship skills with proven leadership and teamwork skills. • Handles multiple tasks in a dynamic environment and takes initiative as an effective problem solver and a thorough researcher. • Extraordinary performance record in a fast paced environment and possesses strong decision-making skills. • Possess a strong attention to detail,time management,and organizational proficiency. EDUCATION FLORIDA ATLANTIC UNIVERSITY,Boca Raton,Florida BACHELOR of EDUCATION,December 2008 Major: Elementary Education—G.P.A.:3.57/4.0 Scale LICENSES/CERTIFICATIONS FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER AFFAIRS PRIVATE INVESTIGATOR INTERN,CC1500325 SECURITY OFFICER,D 2923569 RELEVANT EXPERIENCE Account Manager,DigiStream Investigations,Pembroke Pines,Florida,2015—Present • Operated as the lead point of contact for any and all matters specific to our clients. • Ensured the timely and successful delivery of our solutions according to customer needs and objectives. • Identified and grew opportunities within my territory and collaborated with sales teams to ensure growth attainment. Field Investigator,DigiStream Investigations,Los Angeles,California,2014—2015 • Employed investigative methods to acquire video surveillance while maintaining anonymity. • Performed various online research to obtain any valuable information in regards to the investigation. • Composed detailed case reports to document the claimant's activities throughout the duration of our surveillance. Security Supervisor,United Protection Services,Studio City&Los Angeles,California,2013—2014 • Worked directly under the president;managing 20 employees and 3 luxury residential properties. • Scheduled shifts for all locations;issued Officer Infractions when necessary;maintained excellent relationships with the property management staff. • Patrolled the properties frequently to prevent/observe any discrepancies. Security Officer,360 Group International,Beverly Hills,California,2013—2014 • Maintained vigilance to ensure that only authorized personnel was permitted entry to the site. • Observed and reported any suspicious activity or safety hazards directly to my supervisor or the police. • Prevented losses and damage by reporting irregularities;informing violators of policy and procedures. Owner/Manager,Boca Transport,Boca Raton,Florida,2012—2013 • Maintains office services by organizing office operations and procedures;preparing payroll;controlling correspondence;designing filing systems;reviewing and approving supply requisitions;assigning and monitoring clerical functions. • Maintains office staff job results by coaching,counseling,and disciplining employees;planning, Page 40 Digi - NVESTIGATIONS monitoring,and appraising job results. • Designs and implements office policies by establishing standards and procedures;measuring results against standards;making necessary adjustments. • Researched routes and scheduled pick-ups for the customer's vehicle. • Contacted clients and informed them of the features and benefits of the service. • Resolved product or service problems by clarifying the customer's complaint;determining the cause of the problem;selecting and explaining the best solution to solve the problem;expediting correction or adjustment;following up to ensure resolution. Lead Teacher,Imagination Station Preschool,Pompano Beach,Florida,2011—2012 • Planned,prepared,and implemented lessons and activities. • Responsible for monitoring the children's safety while creating a fun,comfortable,and conducive learning environment. • Established and managed relationships with parents and co-workers keeping an open line of communication to better benefit the students. • Researched and performed various learning strategies to make certain my students gained the most out of their educational experience. Compliance Representative/Surplus Lines Accountant,Nation Safe Drivers,Boca Raton,Florida,2009—2011 • Supervised the department;including training new employees. • Filed all taxes on the Surplus Lines Policies that were submitted to our company for all 50 states. • Account Billing and Receiving. • Provided dedicated administrative support to individuals and businesses seeking licensing within all 50 states, Puerto Rico,and Canada. • Served as the main point of contact for all client needs. Knowledge in a wide range of products and services which ensures dedicated exceptional service to all clients. • Reviewed all license processing documentation for accuracy and adherence to the state regulations. • Continually researching and learning information that will benefit myself,my employer,and my clients. • Highly proficient in Microsoft Word,Excel,and PowerPoint. P � Teacher Assistant,Imagination Station Preschool,Pompano Beach,Florida,2007—2009 • Assisted in the planning,preparation,and implementation of lessons and activities. • Responsible for monitoring the children's safety while creating a fun,comfortable,and conducive learning environment. • Established and managed relationships with parents and co-workers keeping an open line of communication to better benefit the students. • Researched and performed various learning strategies to make certain my students gained the most out of their educational experience. Productivity Consultant,Franklin Covey,Kenwood,Ohio,2006-2007 • Assisted clients in developing a planning system for their professional and personal lives. • Constructed learning tools to benefit employees selling our products. • Met and exceeded performance goals relating to sales. Resident Assistant,Florida Atlantic University,Boca Raton,FL,2004-2006 • Enforced campus policy and managed the well-being of over 300 students. • Conducted health and safety inspections in the residence hall. • Patrolled the dormitory for potential security risks and university infractions. • Performed clerical tasks within the area office providing customer service to students and parents. • Presented tours of the facilities expressing the features and benefits to on-campus living. Page 41 DigiStrearrf INVESTIGATIONS Amelia Dominguez Education: California State University San Marcos Graduated 2014 Major: Literature and Writing Studies Qualification & Certification Japanese Language Proficiency Test-Level 2 December 2014 Administered by: Japan Foundation,San Francisco, CA Employment History: DigiStream,Davis,CA August 2014—Present Workflow Coordinator(January 2015-present) • Completed final edits of reports • Edited and compiled comprehensive guides and instruction manuals • Organized and conducted training of new employees • Contacted clients and obtained payment on past due accounts • Audited workflow of affiliate companies • Organized and determined priorities for the workflow department Workflow Assistant/Intel Liaison (August 2014-December 2014) • Completed first edits of reports • Received and entered orders over the phone and by email • Performed targeted research in order to suggest relevant products to clients • Packaged and shipped products to clients Jake's Rockin' Ramen,Temecula,CA December 2013 —June 21,2014 Server • Greeted guests and accompanied them to their tables • Explained menu options and took orders • Served food and beverages • Prepared an assortment of blended beverages • Handled cash and credit cards, closed all cash nightly, and distributed tips • Trained new employees • Created instructional documents for the making of blended beverages Page 42 r mss' DigiStrearn INVESTIGATIONS Hana Sushi,Temecula,CA August 2013—June 21,2014 Server • Greeted guests and accompanied them to their tables • Explained menu options and took orders • Served food and beverages • Handled cash and credit cards, closed all cash nightly, and distributed tips • Trained new employees • Stocked service areas with supplies; sugar,tableware, alcohol, and soy sauce Wa Dining Okan,San Diego,CA August 2011 —June 2013 Server • Greeted and serviced guests in both English and Japanese • Explained menu options and took orders • Served food and beverages • Prepared an assortment of alcoholic beverages • Handled cash and credit cards, closed all cash nightly, and distributed tips • Prepared specialty menus daily in English and Japanese • Answered and took phone orders in both English and Japanese • Took necessary action to resolve any complaints Hollywood Video/Video Hq,Temecula,CA July 2008—February 2011 Shift Lead • Assisted customers with finding desired merchandise • Answered phones and helped customers understand charges to their account • Handled cash and credit cards and worked with cash register • Counted money and went to the bank for deposits and change • Trained new employees and coordinated activities of 3 to 4 co-workers on average • Took necessary action to resolve any complaints Page 43 Detail by Entity Name Page 1 of 3 FLORIDA DEPARTMENT OF STATt 4Alt. - „. DivisioN Or CORPORATIONS 5/976bz - Detail by Entity Name Florida Profit Corporation DIGISTREAM SOUTH FLORIDA, INC. Filing Information Document Number P09000100887 FEI/EIN Number 27-1651953 Date Filed 12/16/2009 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/16/2014 Event Effective Date NONE Principal Address 417 MACE BLVD. #J-129 DAVIS, CA 95618 Changed: 10/07/2011 Mailing Address 417 MACE BLVD. #J-129 DAVIS, CA 95618 Changed: 10/07/2011 Registered Agent Name &Address NORTHWEST REGISTERED AGENT, LLC 3030 N. ROCKY POINT DRIVE, STE 150A TAMPA, FL 33607 Name Changed: 10/07/2011 Address Changed: 05/16/2012 Officer/Director Detail Name &Address Title DIR. AARONSON, WILLIAM M 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/5/2016 Detail by Entity Name Page 1 of 3 FLORIDA DE!'AK'CMEN'C OF STATE DIVISION OF CORPORATIONS A +T Detail by Entity Name Florida Profit Corporation DIGISTREAM SOUTH FLORIDA, INC. Filing Information Document Number P09000100887 FEI/EIN Number 27-1651953 Date Filed 12/16/2009 State FL Status ACTIVE Last Event AMENDMENT Event Date Filed 12/16/2014 Event Effective Date NONE Principal Address 417 MACE BLVD. #J-129 DAVIS, CA 95618 Changed: 10/07/2011 Mailing Address 417 MACE BLVD. #J-129 DAVIS, CA 95618 Changed: 10/07/2011 Registered Agent Name &Address NORTHWEST REGISTERED AGENT, LLC 3030 N. ROCKY POINT DRIVE, STE 150A TAMPA, FL 33607 Name Changed: 10/07/2011 Address Changed: 05/16/2012 Officer/Director Detail Name & Address Title DIR. AARONSON, WILLIAM M 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetail?inquirytype=Entity... 9/5/2016 Detail by Entity Name Page 2 of 3 Title P AARONSON, WILLIAM M 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 Title TREA AARONSON, WILLIAM 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 Title SECR AARONSON, WILLIAM 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 Title DIR. AARONSON, WILLIAM 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 Title DIR. AARONSON, SHIRLEY J 44633 S. EL MACERO DRIVE EL MACERO, CA 95618 Annual Reports Report Year Filed Date 2014 01/28/2014 2015 01/12/2015 2016 03/08/2016 Document Images 03/08/2016 --ANNUAL REPORT View image in PDF format 01/12/2015 --ANNUAL REPORT View image in PDF format 12/16/2014 --Amendment View image in PDF format 01/28/2014 --ANNUAL REPORT View image in PDF format 02/04/2013 --ANNUAL REPORT View image in PDF format 01/06/2012 -- ANNUAL REPORT View image in PDF format 10/07/2011 -- Reg. Agent Change View image in PDF format 10/07/2011 -- Reg. Agent Resignation View image in PDF format 01/13/2011 --ANNUAL REPORT View image in PDF format 12/16/2009-- Domestic Profit View image in PDF format http://search.sunbiz.org/Inquiry/CorporationSearch/SearchResultDetai 1?inquirytype=Entity... 9/5/2016 r ATTACHMENT D INSURANCE REQUIRMENTS A APPENDIX E MIAMI tEA C - Insurance Requirements RFQ 2016-057-WG INVESTIGATION, BACKGROUND, ADJUSTING AND SURVEILLANCE OF SELECTED TORT LIABILITY CLAIMS, WORKERS' COMPENSATION CLAIMS, AND OTHER EMPLOYMENT RELATED MATTERS PROCUREMENT DEPARTMENT 1755 Meridian Avenue Miami Beach, Florida 33139 RFQ 2016-057-WG 29 miAto3EAc INSURANCE REQUIREMENTS This document sets forth the minimum levels of insurance that the contractor is required to maintain throughout the term of the contract and any renewal periods. XXX 1. Workers' Compensation and Employer's Liability per the Statutory limits of the state of Florida. XXX 2. Comprehensive General Liability (occurrence form), limits of liability $ 1,000,000.00 per occurrence for bodily injury property damage to include Premises/ Operations; Products, Completed Operations and Contractual Liability. Contractual Liability and Contractual Indemnity (Hold harmless endorsement exactly as written in "insurance requirements"of specifications). XXX 3. Automobile Liability-$1,000,000 each occurrence-owned/non-owned/hired automobiles included. 4. Excess Liability-$ .00 per occurrence to follow the primary coverages. XXX 5. The City must be named as and additional insured on the liability policies; and it must be stated on the • certificate. 6. Other Insurance as indicated: Builders Risk completed value $ .00 Liquor Liability $ .00 Fire Legal Liability $ .00 Protection and Indemnity $ .00 Employee Dishonesty Bond $ .00 Other $ .00 XXX 7. Thirty(30)days written cancellation notice required. XXX 8. Best's guide rating B+:VI or better, latest edition. XXX 9. The certificate must state the proposal number and title The City of Miami Beach is self-insured. Any and all claim payments made from self-insurance are subject to the limits and provisions of Florida Statute 768.28, the Florida Constitution, and any other applicable Statutes. RFQ 2016-057-WG 30